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Special Counsel Ending Election Subversion Case & Classified Docs Case Against Trump; Rep. Marc Molinaro (R-NY) Discusses About Jack Smith's Decision to Drop Case Against President-Elect Donald Trump; Relatives Testify in Favor of Menendez Brothers' Release. Aired 3-3:30p ET

Aired November 25, 2024 - 15:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

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[15:01:06]

BRIANNA KEILAR, CNN HOST: President-elect Trump scores more legal wins. Special Counsel Jack Smith is dropping his election subversion and classified documents cases against Trump, but he says the decision is not based on the merits or strengths of the cases.

BORIS SANCHEZ, CNN HOST: Plus, fighting for their freedom. The Menendez brothers are in court for the first time in decades. What we know about their upcoming hearings after being sentenced to life in prison for murdering their parents.

And a final message from YouTube's late CEO three months after she passed away from lung cancer.

We're following these major developing stories and many more all coming in right here to CNN NEWS CENTRAL.

KEILAR: Major breaking news, President-elect Donald Trump scoring two huge legal victories. Special Counsel Jack Smith saying that he's dropping the 2020 election subversion case and the classified documents case against Trump.

SANCHEZ: CNN's Paula Reid and Evan Perez are with us now.

Paula, walk us through the latest.

PAULA REID, CNN CHIEF LEGAL AFFAIRS CORRESPONDENT: So this morning the first case that he moved to dismiss was the Washington, D.C. election subversion case. And in his filing he said, look, the country has never faced this circumstance where you have a president-elect facing a pending criminal prosecution. And he acknowledged what we have reported which is he consulted with lawyers inside the Justice Department about pre-existing guidance that says a sitting president cannot be indicted or prosecuted and they had to work out exactly how that applies to a president-elect, but that they have decided that this also applies to a president-elect, that this prosecution, quote, "must be dismissed before the defendant is inaugurated."

But he notes, he said this prohibition does not turn on the gravity of the crimes charged, the strength of the government's proof or the merits of the prosecution. So there he's saying, look, we fully stand behind our case, but this is an extraordinary circumstance.

Then, a short time thereafter, we heard about the Mar-a-Lago case and there they are dropping the case against Trump, but they are leaving in place the case which is currently on appeal against his two co- defendants. So it'll be interesting to see how the Trump Justice Department handles that because the reason that case was being appealed is because a Trump appointed judge Aileen Cannon had tossed the case saying that the Special Counsel was improperly appointed.

So if the Trump DOJ wants to use special counsels, they're going to have to be delicate about how they handle that appeal and whether they pardon those two co-defendants or dismiss the case. It's tricky for them.

SANCHEZ: Evan, you've obviously been covering this for a while standing outside the courthouse for days on end. This is not a surprising moment, but it is the closure of a big chapter in Trump's legal woes.

EVAN PEREZ, CNN SENIOR JUSTICE CORRESPONDENT: It is a closure. And I think one of the important parts of this that we will see how the judge - the two judges deal with this. But in the in the January 6th case, one of the things that the Special Counsel is saying is that the immunity that a sitting president enjoys, of course, ends when that person is no longer president.

And so what they're asking the judge for here is to not - to dismiss this case without prejudice, which means that there is this tiny little possibility once Donald Trump is no longer president that the judge could revive this case. It's the same language they're using in the appeal case in the 11th Circuit for the classified documents case.

What are the chances of that? I don't know. I think anybody can guess. But I think closure is the word that you're using and I think that that's right. I mean, it's - it is one of the things that the investigators and the prosecutors looked hard and looked at very, very closely to try to figure out whether they could get to Donald Trump in the January 6th case as they spent months, and months, and months and months before they finally filed this case.

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And obviously time ran out, right? The Supreme Court, as you have been talking about, gave them a huge assist. But all along, Donald Trump's strategy was to delay this, so that his fate would be in the hands of the voters and the voters made that decision.

SANCHEZ: Yes, he - we're looking at all the other cases now that Trump has faced. And essentially, most if not all of them, go away. There's just the question of what happens next in Georgia.

PEREZ: In Georgia.

REID: Yes, that case is currently in limbo. There's a question about whether the DA Fani Willis should be removed from the case because of her relationship with the lead prosecutor there at Nathan Wade. That was expected to be argued. I believe it's next week, that's not happening.

So the case is just in limbo. It cannot proceed while Trump is in office, certainly not while he's president-elect, because you already have all these issues before you even get to the constitutional questions. But it's really just unclear what is going to happen to the case against Trump and even the case against his co-defendants. That case, it's - again, limbo is the best way I can describe it, because there are so many issues with that case not only legal questions but also personnel questions.

SANCHEZ: TBD. Paula, Evan, thank you both so much. Appreciate it.

CNN's Alayna Treene is live for us in West Palm Beach near Mar-a-Lago, getting the response from Donald Trump's team over the federal cases getting wrapped up.

What are you hearing, Alayna?

ALAYNA TREENE, CNN REPORTER: Well, Boris I think it's no surprise that the Trump team is celebrating this even though this was something that they had ultimately expected as soon as Donald Trump had won the election. I want to read for you what we heard from Steven Cheung - Donald Trump's incoming White House communications director.

He said, quote, "The American People re-elected President Trump with an overwhelming mandate to Make America Great Again. Today's decision by the DOJ ends the unconstitutional federal cases against President Trump and is a major victory for the rule of law." He went on to say that the American people and President Trump want an immediate end to the political weaponization of our justice system and we look forward to uniting our country.

Now, this is typical of what we often hear from Cheung in his in his statements about any recent wins that we saw on regard - in regards to Donald Trump's legal cases and them really going away now that he has won the election.

And I think to Evan's point, what Evan pointed out about their strategy all along, this has been their strategy, that they were going to delay these cases as long as possible up until the point where the election or excuse me these cases would be decided by the election that the voters would have a say. And then, if Donald Trump was elected that these cases would have to go away. So that's kind of what we're seeing happen now.

I do also want to read for you though what we heard JD Vance - Donald Trump's incoming vice president-elect - is saying on this matter as well. He said, quote, on X, "If Donald J. Trump had lost an election, he may very well have spent the rest of his life in prison. These prosecutions were always political. Now it's time to ensure what happened to President Trump never happens in this country again."

Again, another thing we commonly have heard from Donald Trump's allies trying to argue that this was a weaponization of government, trying to argue that this is entirely political. But really to put a finer point on this, Boris, I mean this is something all of these cases - particularly these cases from Jack Smith had consumed Donald Trump in his campaign for several months if not over a year now.

And really having them go away and having him being able to focus truly on the work that is ahead and right now putting his transition together is definitely a departure than what we've seen. This has always been weighing on Donald Trump and his team in the background throughout this entire stretch. Boris?

KEILAR: All right. Alayna Treene, thank you so much for that.

Let's talk a little bit more about this now with Republican congressman Marc Molinaro of New York.

Sir, thank you so much for being with us.

And I was hoping - we did have your New York colleague, a Democrat, Dan Goldman on the program this afternoon. And he was saying that Smith's decision here is a shame, that this is Trump evading accountability. What do you say to that?

REP. MARC MOLINARO (R-NY): Well, with all due respect to my Democratic colleague from Manhattan, he's never missed a moment to be blatantly partisan. This is long-standing practice. Jack Smith, obviously, as you reported, consulted and we don't take legal action against a sitting and in this case incoming presidents of the United States.

Beyond that, of course, I take issue with the prosecution to begin with. I think it is blatantly politically motivated. But here's the thing, the American people spoke. This was a change election and America sought through Donald Trump's return to the White House, the kind of change that by the way tackles a bureaucratic state that thinks - that we work for them, not the other way around. And I think, ultimately, it's the right decision and the American people expect us to move forward with the kind of change the president was elected to implement.

KEILAR: I do wonder what you think of the cabinet that is taking shape right now as we see - we're getting a much better sense of it after the weekend. You did congratulate your friend outgoing Congresswoman Lori Chavez-DeRemer for being selected by Trump to lead the Department of Labor. She's, of course, one of the most labor friendly Republicans when it comes to the ones in Washington.

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She's one of the only ones to support the pro-act.

What does her selection tell you about how the Trump administration is going to approach labor?

MOLINARO: I think, first, the president is assembling a Cabinet that reflects really the mandate that he's been granted and his vision to improve the quality of life, drive down cost and secure and make safe this country for the American people.

Lori is a fighter. She's a thoughtful, a diligent leader. The president is sending the message that he meant what he said. He was going to put American workers first. He was going to work to rejuvenate and revitalize the American economy. And that he was going to drive down costs for American families and Lori will be a tremendous asset as will the entire Trump Cabinet in attaining those goals.

So, for instance, Sen. Bill Cassidy, who appears poised to become the chair of the Senate Health, Education and Labor Committee, has expressed some caution. So, I think he reflects, obviously, the views of some Republicans who are looking at someone who's so pro-labor. There are also Republicans who look, for instance, at RFK Jr. for HHS and his past expressions on the issue of abortion, and they have a lot of concerns.

What do you say to your Republican colleagues who, having seen that Trump made strides with certain voters and that he's incorporated some people into his Cabinet that maybe other Republicans might not, what do you say to them about what they should expect about how those voting blocs are going to be represented in his government?

MOLINARO: First, it's absolutely appropriate for the Senate to advice and consent, right? They're going to go through a process. It ought to be diligent. But I say they listen to the American people. They can't, on one hand, celebrate that President Trump's returned to office as a change agent. A candidate - in running a return to the White House - built the broadest coalition a Republican candidate for president has had in history. They can't look at that and then suggest somehow his choices to administer, his vision and this government on behalf of American people desperate for change, that somehow that's wrong.

I think they need to give him the benefit of the doubt, ask their questions, and understand the president's assembling a Cabinet meant to reflect not only the mandate for change he was given, but the real desire of the American people not to fight over politics, partisanship or old ideology, but actually to produce results: Drive down costs, secure the border, make our country safe. And, by the way, tackle the bureaucratic state that has its, you know, tentacles too often attached to elected officials and really hold it accountable, make it more efficient, more effective, smaller, smarter and more successful on behalf of the American people.

KEILAR: Do you think there may be some backlash when it comes to that - when it comes to maybe some in the party not feeling represented?

MOLINARO: Well, I think that the president has assembled a team of people that represents the interests not only of my side of the aisle, but of the American people's desire for change. And so, there's always going to be a little bit of backlash, but I wouldn't want to take this president on at this moment. He was given a mandate to change the way in which Washington functions, and I think he ought to be given the benefit of the doubt in assembling this team. Again, a great reflection, I think, of the mandate and the vision he's been elected to implement. KEILAR: So, you lost your re-election bid earlier this month, but Axios is reporting that you're considering running to fill Congresswoman Elise Stefanik's soon-to-be-vacant seat as she moves over to her position in the administration. What's going to be the deciding factor for you on that?

MOLINARO: Listen, ultimately, I'm committed to serving the people of New York, trying to assist the president here on the ground in New York. I'd be honored to continue to represent the people of Upstate New York in one way or another.

But my first job is to finish out this term and I'm committed to assisting the president. Just a week ago, we held FEMA accountable. That's an institution that needs remarkable change and divorce from the bureaucratic state that has helped it lose its focus. There's a lot of change that needs to happen, and I want to be a part of ensuring that this country grows in prosperity and that Americans have a government that respects them.

KEILAR: Congressman Molinaro, thank you so much for being with us. We appreciate it.

MOLINARO: Thank you. Happy Thanksgiving.

KEILAR: Yes, Happy Thanksgiving to you as well.

And still to come, the Menendez brothers back in court today for the first time in two decades, but now a judge has postponed their resentencing hearing. Hear what their victims' sisters told prosecutors when asked if they should be freed.

SANCHEZ: Plus, Macy's has been forced to delay its quarterly earnings report after it found a single employee somehow hid more than a hundred and fifty million dollars worth of expenses. What it means for the company?

And, later, at the U.N. Climate Change Conference, wealthy countries pledged to give poor nations hundreds of billions of dollars to help them deal with the climate crisis. We'll explain what went down in just moments.

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SANCHEZ: We have some new details for you in the case of Lyle and Erik Menendez. A hearing just wrapped up moments ago where family members testified that the brothers should be released from prison.

KEILAR: The pair have been serving life sentences without the possibility of parole for killing their parents in their Beverly Hills mansion in 1989.

SANCHEZ: Joining us now is trial attorney Mercedes Colwin. She also hosts the podcast "M&M in the Morning."

Mercedes, thank you so much for being with us.

I just want to let you know we're waiting for our reporter, Nick Watt, to come out of the courtroom and get to a camera, so we may be jumping to him in just moments.

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I wonder what your reaction is to the hearing and to this apparent delay of resentencing that we're learning about?

MERCEDES COLWIN: Not a surprise, Boris, because the biggest game- changer for the Menendez brothers was when Gascon lost the election and a new incoming DA, Hochman, is about to start on December 2nd. And we know that the resentencing hearing was supposed to go forward on December 11th. Nine days is just not sufficient. Hochman has been very clear that he needs to review transcripts, he has to look at prison records, he's going to make his own independent judgment.

So, notwithstanding that the outgoing DA, Gascon, was very clear that he felt the Menendez brothers had served their time and they should be released upon, obviously, the parole board agreeing so and, of course, the judge as well.

But Hochman decided that he wanted to do this independently. And in face that, it just made so much sense for the judge to postpone it.

KEILAR: All right. Mercedes, if you could stand by for us. Our Nick Watt just got out of the courtroom and is joining us now.

Nick, tell us more about what this was like.

NICK WATT, CNN NATIONAL CORRESPONDENT: We were, of course, expecting to see the Menendez brothers together in a courtroom for the first time in nearly 30 years. That didn't happen, apparently because of a glitch with the video link-up. They are currently incarcerated in San Diego. This hearing today is up here in Los Angeles.

We did hear them speak. They were asked, "Can you see? Can you hear what's happening in the court?" They said, "Yep, we can." And then one of the brothers said - while this whole snafu was going on with the video link, said, "We've had video access all along," which raised a little bit of a laugh. After that, it became very, very somber.

The boys' two aunts - Jose, the father - Jose's sister - she testified that she believes the boys have done their time, that 35 years is a long time and that she feels that they should be released.

The other aunt, Aunt Joan, who is the sister of Kitty, the mother, she also said that the boys should be released.

I'm going to read you some of their exact quotes from inside the courtroom. There are, of course, no cameras inside the court. So this is first Kitty's sister. She said, "No child should have to endure what Erik and Lyle did. It breaks my heart that my sister Kitty knew but did nothing about it. It's time for them to come home. No children should have to live in fear day by day that their dad would come and rape them."

Now, Aunt Terry who is Jose's brother - Jose's sister said, "I would like to be able to hug them and see them. Not going to a jail."

Now, of course, the boys have always said that they did in fact kill their parents with shotguns in their home in Beverly Hills in 1989. The question has always been why. The prosecution said the boys wanted their parents huge estate, they wanted the money. The boys themselves said that they had suffered years of physical, emotional and sexual abuse at the hands of their father and that their mother knew. The boys said that they believed that they were in imminent danger of perhaps death themselves and that is why they killed their parents.

Now, of course, this case just really grabbed the public attention both here in the United States and overseas at the time. As I mentioned, it's been nearly 30 years since we've seen the boys since they were convicted. There were, of course, TV shows, there was a Peacock documentary in 2023 which suggested that a member of a boy band had also been molested abused by Jose Menendez.

That led to the boys' lawyers filing to say, listen, there's new evidence here. There's also a letter that Erik wrote to his cousin suggesting abuse. They, the lawyers, were asking for the case to be reopened. And then, of course, the outgoing district attorney - the now outgoing district attorney here in L.A. said that he wanted resentencing.

We're now going to have to wait until the end of January to find out if and when those boys might actually be let out of jail after all this time. Back to you.

SANCHEZ: Nick Watt live for us in Los Angeles. Nick, thank you so much for the update.

We still have Mercedes Colwin with us.

And Mercedes, I wonder as we're hearing this update from Nick, how much these statements from their family members, their two aunts carry weight with a judge as he's considering what options he has when it comes to these brothers?

COLWIN: That's a great question, Boris. And that's pretty essential for the judge to hear from the families what they would like to see, especially we're talking about Kitty's sister who is even more compelling than Jose's sister, because Kitty's sister acknowledged that she believes that the Menendez brothers were, in fact, sexually molested by the father. That is very key and we all know that that evidence was not permitted in that second trial that led to the conviction.

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So that's key for the judge, certainly. And, of course, the fact that Jose's sister, although she didn't acknowledge directly that she believes in the Menendez brothers, but she did say that she wanted to have them back with the family so that she can hold them, and hug them and show her love for them, that's very compelling.

But ultimately, the biggest question here is if is it going to be - it's up to DA Hochman whether or not he wants to entertain the resentencing, whether he wants to proceed with these proceedings. It's really going to be up to this new administration, and that's a big if.

KEILAR: You also have this other issue of ideas, perceptions, opinions of this case being so entrenched from the narrative that was established when the Menendez brothers were tried. I grew up in Southern California. I remember every day on the local news, seeing it on the national news the narrative of these being young men who had killed their parents and this is what the prosecution argued ultimately successfully of privilege that they were going to benefit financially.

And this idea that they had been victims was kind of dismissed, ultimately, in the second trial. And I wonder when you see Mercedes, these entrenched opinions that are formed, how hard it is to change that even though we've seen people looking at this case with fresh eyes, because of, yes, these documentaries and this television show.

COLWIN: Brianna, that is such a great point, because we have evolved. I mean, for so many years and certainly back when the Menendez brothers were convicted back in the '80s, it really wasn't talked about. It really wasn't the focus. But thankfully, we've evolved as a society and there are horrendous, heinous acts that happen as a result of victimization and this is why we have come to this point.

Then, frankly, the social media which, obviously, was a big focus on the abuse that the Menendez brothers endured was the reason why there was even a look back to see whether there should be a further examination, whether the Menendez brothers should be released, because the underlying motivation for the killings which they were clear it was not about the money, the prestige, any of that it was because of the constant sexual molestation by their father.

And thankfully, we've arrived as a society where that does mean something and it is meaningful and it has to be examined. And therefore, if Hochman and this new administration puts weight on this, then certainly we can see the Menendez brothers be released and paroled which is what Gascon wanted to begin with.

SANCHEZ: Mercedes Colwin, thanks so much for the analysis. Appreciate your time.

COLWIN: My pleasure.

SANCHEZ: Still to come, a Macy's employee is accused of intentionally hiding more than a hundred and fifty million dollars worth of expenses. And this forced the company to delay its quarterly earnings report. How it's impacting the company and where all that money went, in just a few minutes.

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