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Biden Meets With President Of Angola Amid Pardon; Jury Deliberations Expected To Begin In Daniel Penny Trial; Driver Pleads Guilty To DUI In Crash That Killed Bride After Wedding. Aired 7:30-8a ET

Aired December 03, 2024 - 07:30   ET

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

(COMMERCIAL BREAK)

[07:31:23]

KATE BOLDUAN, CNN ANCHOR: President Biden is in Africa this morning in the midst of what could be his final trip abroad as commander in chief. But the whole trip is largely being overshadowed by his decision back home to pardon his son Hunter Biden with backlash still growing over his decision to backtrack on his publicly stated promise to not issue a pardon -- backlash even among Democrats. With new reporting this morning his decision has left many Democrats on Capitol Hill simply fuming.

CNN's Arlette Saenz is traveling with the president in Angola and she's joining us now. Arlette, the White House has to know how poorly and badly this is landing back at home. What are they saying?

ARLETTE SAENZ, CNN WHITE HOUSE CORRESPONDENT: Well Kate, so far, President Biden has ignored and not responded to questions from reporters relating to the pardon of his son Hunter Biden. There were two occasions so far today here in Angola where reporters lobbed questions at the president, and in both instances he did not respond.

But it does come as you are seeing this cascade of criticism from among his own party -- Democrats who are quite frustrated with the president's move. So far, Biden has really maintained his silence in the face of that criticism.

We have heard from former White House and administration officials who have expressed frustration with the fact that many had anticipated this is a decision President Biden could have made, but then he went out and adamantly said that it's not a move he would take. It's that reversal that is frustrating many former White House aides.

But at the same time you're also hearing from members up on Capitol Hill who have warned that the president has put his family over country, and also that the statement from the president on Sunday night announcing this pardon could further weaken faith in the justice system.

Take a listen to a sample of some of those Democratic lawmakers.

(BEGIN VIDEO CLIP)

SEN. TIM KAINE (D-VA): He didn't need to tell the American public I will not do this, and he did. And when you make a promise, you've got to keep it.

SEN. MICHAEL BENNET (D-CO): It just gives the American people a sense that there's one system for the rich and powerful and another system for everybody else.

REPORTER: Are you disappointed by the decision?

SEN. MARK WARNER (D-VA): Yes, I'm disappointed by the decision.

REP. DANIEL GOLDMAN (D-NY): It is discouraging that he has now gone back on his word on that.

(END VIDEO CLIP)

SAENZ: So it's clear there are very strong opinions within the Democratic Party about the way that President Biden has handled this, and it certainly has overshadowed at least the beginning of his trip here to Angola where he has tried to show that the U.S. remains committed to the African continent. But so far, he really has been dogged by those questions relating to this pardon.

BOLDUAN: But today he is trying to once again pivot away from these questions.

What is the goal of this trip?

SAENZ: Um-hum. Yeah. Well, President Biden is making his first and only trip to Sub-Saharan Africa as president. He is the first sitting president to visit the Sub-Saharan Africa since 2015 when Barack Obama had traveled here.

And what Biden is really focused on over the course of these next two days is highlighting U.S. trip that the country is making with the Angolan government. One key piece is that Lobito Corridor. It's an 800-mile railway project aiming to bring critical minerals from interior countries in Africa over to the western ports for exporting.

It all comes as China has made significant investments into the continent. They've poured hundreds of billions of dollars here into infrastructure projects, really deepening their inroads here and outpacing the U.S. with influence.

[07:35:00]

Now, President Biden, a bit later today, will also be delivering major remarks at the National Museum of Slavery. It is there where he is expected to address the horrific history of slavery and the way that Angola and the U.S. have been tied together.

Last night he met with an American woman who is a descendant of enslaved people from Angola. So President Biden trying to acknowledge that shared history -- a very dark chapter in both countries. BOLDUAN: Arlette Saenz traveling with the president as he continues his trip in Angola. Thank you so much -- John.

JOHN BERMAN, CNN ANCHOR: All right, with us now, Meghan Hays, Democratic strategist and former White House director of messaging planning, and May Mailman, former Trump White House associate counsel.

I want to start by talking about Pete Hegseth, who was up on Capitol Hill today lobbying senators for his nomination for defense secretary. There was this report in The New Yorker that came out yesterday that talks about him when he was running a veteran's charity.

The report says -- according to The New Yorker, it alleges that Hegseth had to be restrained from joining the dancers on stage at a Louisiana strip club where he had brought his team. It claims that his management team sexually pursued employees and divided the organization's female staffers into two groups, party girls and not party girls.

So, Meghan, what concerns does this raise for you in the confirmation process?

MEGHAN HAYS, FORMER WHITE HOUSE DIRECTOR OF MESSAGE PLANNING, DEMOCRATIC NATIONAL CONVENTION CONSULTANT: Look, I think more of these types of things are going to come out during the hearings that the Senate will have.

But I think the biggest concern that I have is with a department as large as the Department of Defense and the military being so active and having so many things with sexual assault and females in the military, having someone like this be your leader who clearly does not have the moral compass when it comes to these types of issues is really concerning and I think would be concerning for the women that are in the military.

But I think that Pete Hegseth will have his confirmation hearings. He will go through the process, and we will see what more comes out, and we will see what the senators choose to do on this.

BERMAN: Republican Sen. Joni Ernst is a veteran who has spoken out extensively and worked quite hard to try to root out sexual harassment inside the military.

The Washington Post caught up with her overnight. This is her quote on the Hegseth allegations. "I know there's a lot of information out there. I want the best for the president, right? I want the best for the president, and he deserves a nominee that will work for him and do the absolute best that our country needs."

May, that's a little bit of a non-answer but it isn't a ringing endorsement, at least not yet.

MAY MAILMAN, DIRECTOR, INDEPENDENT WOMEN'S LAW CENTER, FORMER TRUMP WHITE HOUSE ASSOCIATE COUNSEL (via Webex by Cisco): Well, I mean, there's still a long way to go and I think it's correct. Like, the Department of Defense is a very large and very important agency and there are questions that are very relevant to whether a nominee can fulfill that role.

We have an audit where the Department of Defense is missing $220 billion in equipment. It missed its recruiting goals in its branches by 41,000 members. I think that Pete Hegseth really needs to address those types of things. These are relevant questions and senators can't give an answer until they investigate that.

But we're so -- we're talking so much about personal failings that I think we're forgetting to focus on the real questions about the military. Sexual assault is important. It should be investigated, and it should be prosecuted where it happens. And in this case the police were involved in an accusation, and they decided to not do anything about it.

So I think moving away from accusations and moving toward the real problems that are facing our military is important for this confirmation process.

BERMAN: I get that you think there may be other issues that ultimately are more important. But May, at a minimum, do you think that when you're trying to confirm someone to be secretary of defense, in charge of literally the largest bureaucracy on planet Earth, that it is worth investigating and asking questions about allegations of sexual misconduct?

MAILMAN: I think it's worth it, and I think that at this point every person who has had a problem with Pete Hegseth is feeling very emboldened to come forward. But I think that we have been laser- focused on his personal life and less focused on the failings of the military.

And when I first heard about Pete Hegseth, you know, I liked it. Princeton, Harvard, two bronze stars. He seems like a good person.

But when you listen to actually what he's talked about with our military and his focus on providing our war fighters -- our young patriots with the equipment, the support, and the focus that they deserve when they're out there fighting for our country, that is motivating stuff. And so I just hope that more Americans can hear about his vision for the military and to restore us to the greatest fighting force in the -- in the world.

BERMAN: Meghan, I want to talk about the House of Representatives if I can for a moment and the Democrats who are running that caucus -- or want to, shall we say, going forward. The leadership team is in place with Hakeem Jeffries and Katherine Clark from Massachusetts.

[07:40:05]

But the chairs of the committees -- there seems to be some infighting right now on judiciary. Jamie Raskin -- who is guess is, what, 61 -- is trying to push out Jerry Nadler, the current ranking member who is in his late 70s. I think we have pictures of these two fine men. We can show you what they look like.

But what does this tell you about what's happening inside the Democratic Party in the House and what the need is for maybe a younger batch of leaders there?

HAYS: It's interesting that you think 61 is a new younger batch of leadership but I guess compared to --

BERMAN: To me -- to me that feels very young all of a sudden.

HAYS: Right. So I think that -- you know, I think that this is showing that the Democrats are taking note of what happened in the election and realizing that maybe we need to have a new way forward and a new different direction. And I think that comes with a new younger leadership. I was hoping that maybe 60 wasn't the new younger leadership. That we could go maybe into our 50s. That might be -- might be helpful here.

But I do think that Democrats are taking note of what the country and what the electorate said on Election Day, and that is that they need to move towards the middle. They need to be more moderate. They need to be a little bit more forward leaning.

And so I think that maybe new younger leadership might be more beneficial for us. I don't know if judiciary is the right place for it. I'm not exactly -- you know, I don't know the ins and outs of the Judiciary Committee on the House side. But I do think that the Democrats are taking note and that you will see new leadership not only in the House but in the Senate. And also with the consultant class with some of the down-ballot races that are going to be run for the midterms.

BERMAN: Well, talk a little bit more though. When we were talking about Jamie Raskin's age -- and I know you don't want to get too deep in judiciary -- but the fact that he's 61. You don't think they're going far enough right now, or do you think they're not taking this as seriously as they need to -- the message that the country was sending?

HAYS: I think the Democrats are still in their rebuilding phase and sort of taking stock and looking internally. It's only been a couple of weeks since the election so we will see how it moves forward -- you know, going forward. But I do think that it's a positive sign that other people would like to take over a leadership post, and I think that is a good thing for the Democratic Party.

BERMAN: May, would you rather have Jerry Nadler or Jamie Raskin running the Democratic Party in the Judiciary Committee as the ranking member?

MAILMAN: You're giving me quite the choice here, but I guess -- and judiciary is a pretty partisan place. They like to pick all the hot topics of the day and try and make viral clips. And it's sounds like maybe Jamie Raskin will be able to make that viral clip.

But I think that what the American people want is less partisanship. Less trying to divide our country and more just letting the government work for us. And when I see Jamie Raskin, I see somebody who was heavily involved in the Russiagate lie. Someone who was part of both impeachments. Someone who is heavily involved in the January 6 committee. And so it doesn't appear -- I mean, these are things that were very

partisan -- that did highly charge our country. And instead of that, what about somebody who actually speaks to the middle? What about somebody who really wants to build bridges and unify our country? That does not seem to be Jamie Raskin, so I will take neither as my option.

BERMAN: Oh, picking option C -- all right.

Well, Meghan Hays, May Mailman, thank you very much for being with us -- Kate.

BOLDUAN: I don't remember you giving an option C.

BERMAN: I didn't. I didn't. But sometimes people go off script.

BOLDUAN: You know -- you know. Let's move on.

The lake-effect snow that has hammered some parts of the United States for days is beginning to ease today. Some good news there. But the Great Lakes region is going to continue to see some very dangerous winter weather as snow totals in some areas are approaching six feet.

Meteorologist Derek Van Dam tracking all of this for us. Derek, is more snow on the way?

DEREK VAN DAM, AMS METEOROLOGIST: Yeah, you're going to have to keep the shovels out for those favored areas downwind of Lake Ontario, Lake Michigan, Lake Erie -- those lake-effect snow belt areas.

And this is what happens when we get too much snow too quickly. Some of these trucks got stuck on railroad tracks and unfortunately there was a collision between this truck and that passing railroad car. Fortunately the driver was able to get out unscathed -- no injuries. But that just shows you the depth of the snow that's in some locations over five feet, approaching six feet in some very localized areas.

But here's the current situation and current radar. Again, a few scattered snow showers right along I-90. This is impacting downwind locations. That's eastern portions of Lake Erie.

But also notice this into southwestern Michigan. This is an area that caused some pileups on Interstate 94 yesterday. And I want you to see that little curly Q within the snow band there. That is actually known as a vortex. So the difference between the wind over the lake and the wind over the land is causing that snow band to kind of spiral in on itself.

So all in all, these snowfall totals -- they're impressive. They have been record-breaking daily snowfall totals for some locations. But this is incredible -- look at this. Castorland in northwestern New York, 65 inches of snow. That's nearly as tall as this meteorologist.

So how much snow is still to come? Just a few inches. Again, those favored areas with lake-effect snow bands.

[07:45:00] But look what happens as I advance this map into Thursday and Friday. We've got what is called an Alberta Clipper that is approaching. Alberta Clipper named because of where it forms -- the province of Alberta in Canada -- but a clipper because it moves very quickly across the Great Lakes. And you'll see that system as it traverses the Great Lakes from Thursday into Friday.

So what's going to happen? It's going to pick up the wind. It is also going to drop temperatures. And it's also going to help bring in another round of lake-enhanced snowfall. This system will be moving too quick, and the winds will be too fast for this snowfall event to be as impressive as what we saw last week, but still something to keep in mind. Dangerous -- low visibilities, dangerous driving conditions in some of those areas.

Check out these temperatures. There is it. Chicago to Cincinnati, New York City to D.C. You're next -- Friday. That's when you see temperatures bottom out -- Kate.

BOLDUAN: We are heading into winter, friends, real quick.

VAN DAM: We are.

BOLDUAN: And your use of impressive, we need to discuss this afterwards. Impressive still -- yes, a lot, but I'd like to pretend I'm not impressed --

VAN DAM: It's a lot.

BOLDUAN: -- when it's that painful.

VAN DAM: I mean, it needs to be 10 feet to be more impressive for this man.

BOLDUAN: Thanks so much, Derek -- John.

VAN DAM: All right.

BERMAN: And then we'll have to be talking about multiples of Derek Van Dam in terms of the height of the snowfall. This one is three Derek Van Dams.

BOLDUAN: Multiple Dereks.

BERMAN: All right. This morning, as soon as closing arguments wrap up, jury deliberations set to begin in the manslaughter trial of Daniel Penny who held a homeless man in a fatal chokehold -- who was accused of holding a homeless man in fatal chokehold on a New York City subway.

And this morning the Russian national who flew as a stowaway on a flight from New York to Paris is set to return to the United States guarded by six U.S. marshals.

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[07:51:05]

BOLDUAN: This morning closing arguments will continue in the manslaughter trial of Daniel Penny. Prosecutors are expected to wrap up their case today and after that his fate lies in the hands of the jury.

Penny is charged in the fatal chokehold death of Jordan Neely in an incident on a New York City subway train last year. If he is convicted on the second-degree manslaughter charge Penny could face up to 15 years in prison.

Now, in court yesterday, the defense wrapped their closing arguments saying in part -- arguing that Daniel Penny put his own life at risk to protect other riders.

Also telling the jury that prosecutors -- this coming from the defense -- "Prosecutors are scapegoating this man here, the only guy who was brave enough to stand up when he was needed. The government wasn't there. The police weren't there when the people needed help. Danny was. And when he was the one who needed help, no one was there."

Joining us right now, trial and defense attorney Misty Marris. And the prosecution is now going to be picking up with their -- with their arguments -- closing arguments today.

But let's stick on what we heard from the defense team yesterday. You heard that scapegoating argument that's part of their closing argument. They also made another argument in closings. I want to read you a quote from it, Misty, that -- basically that Penny's actions were justified because he was acting to protect other people.

Here is what they told the jury. "Daniel Penny was the one who moved to protect them. Why? Because he had something the others didn't, something unique to him, his training. Because Danny acted to save those people. And there's no dispute that when Danny acted, he didn't know whether Jordan Neely was armed."

Added altogether, Misty, what do you make of the defense's closing argument?

MISTY MARRIS, TRIAL AND DEFENSE ATTORNEY (via Webex by Cisco): So the defense was focused on exactly what they needed to be. So part of the defense is that it's a self-defense argument -- not just self-defense for Daniel Penny, self-defense of the others on that train.

And part of that argument has to reflect what we know is going to be on that jury verdict sheet. First, was there an imminent threat? The defense pointed to others on the train who had said that they were fearful.

Then, was Penny's response justified and proportionate to that threat? And that's why we hear the defense talking about the fact that Daniel Penny stepped in when there was nobody else to do so and that his actions were justified because he did not know whether or not Neely was going to get back up and go back on the offensive. Now, couple that with another point that the defense pointed out that Neely's death is the product of a broken system. That's a quote from the closing arguments. And they looped that back into the testimony because the final defense witness was a court clerk who referenced that Neely -- there was actually an open bench warrant for his arrest.

So essentially, the defense is arguing almost that the city -- the city of New York really failed Neely, and that Penny was there when the city of New York was not there -- when nobody was there to protect those other riders. So that's where the defense was focused because that's the standard of the self-defense statute.

BOLDUAN: I see.

The prosecution again closing -- continues with closing today. Yesterday, as part of it, they did concede that there was initial reason for Penny to restrain Neely, but then continuing with the argument that he took it too far continuing the chokehold even after a reasonable person could see that the threat was over.

What do you think of the prosecution's case and what they want to leave with the jury now?

[07:55:00]

MARRIS: So this was always going to be where the prosecution was focused right from the get-go -- even the opening statements, Kate. The prosecutors had to concede that that the initial restraint of Neely was justified, and that's because there were many others on the train who said they were fearful. It's a reasonable person standard. So if others were fearful, it's reasonable that Penny would ultimately step in.

But the issue is whether or not it was justified to hold Neely down for that almost six-minute time period. And prosecutors focused on the fact that in less than a minute the train pulled into the next station. Most of the people got off the train. So basically, the threat at that point was over and that holding down Neely for the remainder of that time was actually a failure on Penny's part to recognize Neely's humanity and that he needed protection as well. So that was a large part of the prosecution's argument because the standard is reckless disregard for human life.

Now, the prosecutors pointed to Daniel Penny's interrogation video -- which, by the way, he was there voluntarily, so the -- so he spoke to police voluntarily. And he called Neely a crackhead multiple times. So prosecutors are painting the picture that yes, Daniel Penny may have been justified at the get-go but at some point, his conduct turned criminal.

And the next part of this, Kate, it's going to be a large focus today. It's going to be the medical aspect. The medical examiner's determination that Neely was killed by Penny's chokehold and his chokehold alone. No other causes.

BOLDUAN: Yeah. As the defense was trying to bring the other causes into their case as well.

Misty, thank you so much for putting it all together. Let's see what happens today and how quickly this then gets to the jury. I really appreciate it -- John.

BERMAN: This morning a South Carolina woman who struck and killed a bride on her wedding night while driving drunk is beginning a 25-year prison sentence.

Through tears, the bride's family, including her father, gave emotional statements in court.

(BEGIN VIDEO CLIP)

BRAD WARNER, BRIDE'S FATHER: For the rest of my life I'm going to hate you. And when I arrive in hell, and you come there I'll open the door for you.

(END VIDEO CLIP)

BERMAN: All right, with us now, CNN's Ryan Young. Ryan, you've been covering this. What's the latest there?

RYAN YOUNG, CNN SENIOR NATIONAL CORRESPONDENT: Yeah, John, this was hard to watch. We watched for over 45 minutes as this family walked up there to talk about the loss of a loved one. Samantha Miller, who was lost after this wedding that took place back in April of 2023.

But as you can imagine, her husband who had just gotten married to the love of his life -- they, at 10:00, got on the back of this golf cart. He started going down the street. He talks about the pain he's still going through physically and mentally. At some point he looked over on the happiest day of his life, he kissed his wife on the forehead, and he said the next thing he remembers is waking up in the hospital knowing the worst had happened.

Take a listen to Aric Hutchinson.

(BEGIN VIDEO CLIP)

ARIC HUTCHINSON, WIFE KILLED BY DRUNK DRIVER ON WEDDING NIGHT: You took the greatest human being I've ever met. She's not coming back. She's gone. She is my world, and I'd give anything just for one second to hold her again.

(END VIDEO CLIP)

YOUNG: John, he even talked about wishing that he could have thrown his own body in front of that car to stop it from hitting that golf cart.

Two other people were injured besides himself, and he's going through physical therapy right now. But as you can understand, this has been a toll on this family as we watched over and over.

Now, Jamie Lee Komoroski -- she got 25 years. She got the maximum sentence. Court was supposed to start today.

She also looked at the judge and the family and she gave a tearful apology in court yesterday as well.

(BEGIN VIDEO CLIP)

JAMIE LEE KOMOROSKI, SENTENCED TO 25 YEARS IN PRISON: This is the worst decision I have ever made in my life, and it has affected the lives of so many. First and foremost, I want to address all the victims of the accident I caused and how truly and deeply sorry I am.

(END VIDEO CLIP)

YOUNG: John, a pretty powerful moment when she turns to that family, and she looks at them.

But obviously, you heard the father say he's going to be waiting for her at the gates of hell to open the door for her. You could understand that raw emotion.

It has been a long time since we've seen a case this powerful in terms of what they were expressing in court yesterday. Now it moves on and she faces 25 years, getting that maximum sentence -- John.

BERMAN: Ryan Young, what a tragedy. Thank you so much for that.

All right, food news this morning. The distribution of raw milk products from the brand Raw Farm has been suspended in California after the bird flu virus was found in milk samples. Health officials say the milk that was tested was not released to the -- to the stores, excuse me.

So this morning, shoplifting gone bad or wrong or just plain stupid. This happened during an event for actual police officers -- a literal "Shop With A Cop" event for kids. Someone chose that moment to try to steal stuff.