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Largest-Ever Flotilla Of World's Tall Ships Will Celebrate July 4; Smith: "I'm Very Concerned" About Midterm Elections Under Trump; Former Olympic Canoeist Indicted For Allegedly Damaging Reflecting Pool. Aired 7:30-8a ET

Aired July 03, 2026 - 07:30   ET

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

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[07:31:50]

JOHN BERMAN, CNN ANCHOR: All right, John Berman here in Boston, Massachusetts, for CNN's special coverage of the Fourth of July celebrations. It all kicks off here -- it all kicks off on CNN, I should say, at 8:00 tonight.

Here's a fun fact, by the way. The vote at the Continental Congress to declare the colonies being independent from Britain was actually on July 2, so we're already at 250 years old at this point -- 250 years and one day.

John Adams, here from Massachusetts, actually thought all the celebrations going into the future would be on July 2. He was wrong about that. It ended up being July 4 because that's when the paperwork was complete.

So now we celebrate on July 4. People travel all over the country. Tens of millions of people are traveling -- like, 70 million people total. Sixty million people on the roads. Here's the thing, it's pretty hot and there's a lot of traffic.

Delta Airlines issued a high heat advisory for LaGuardia. They broke records there at LaGuardia -- 102 degrees.

Let's, though, go to Atlanta because that's where CNN's Ryan Young has special access to Atlanta's Hartsfield Jackson International Airport. Special access because much of the year he lives there. Ryan, give us sense of what you're seeing there today.

RYAN YOUNG, CNN SENIOR NATIONAL CORRESPONDENT: I feel that way. I 100 percent love the fact that you just gave everybody about when this country actually started. A lot of people have a lot of energy, especially when it comes to traveling for the Fourth. I can't wait to get those steaks on the grill.

But if you look here at the Hartsfield Jackson International, you talk about the 72 million people traveling this holiday weekend. You also have to look up at the security lines. Pretty good so far as we have started this way. We know over five million people expected to travel through the nation's airports.

You add in the fact that there's this extra energy for World Cup, not that I'm worried about that at all, but there's a lot of energy here and especially as we've been talking to people who have been standing in these security lines for quite some time. Not as bad as they've been in years past but as we walk you through this just to show you the other security line, we've been talking to people about what they love about this country. And we even bumped into John Smoltz, the former Braves pitcher.

So as we kind of go upstream here into the -- to the security line -- how you doing, sir?

UNIDENTIFIED MALE: I'm doing good. How are you?

YOUNG: Hey, how you doing?

UNIDENTIFIED MALE: Good. How are you?

YOUNG: A lot of folks have been telling us they've been really excited about the Fourth and the fireworks as I start to walk backwards here a little bit. But the reason why I'm walking this way John is to show you the lines that extend this way.

We've been checking other airports throughout the country. We now know that most of the lines across the country are under 20 minutes. That's good news. We've seen the longer lines in years past.

Also looking at the AAA numbers. We know certain gas stations are going to be packed this afternoon, especially with the holiday travel as people hit the roads. One of the things that they've been telling folks is to plan ahead. Of course, you get out early and you avoid some of the major traffic. A lot of people are skipping work today. We understand that.

But listen to some of the folks we talked to today at the airport about how excited they are to hit the road for travel.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: We do have a lot more freedom --

YOUNG: Yeah.

UNIDENTIFIED FEMALE: -- and I'm excite with -- oh, I hate to bring up the politics. I like it.

YOUNG: Yeah, OK. That's interesting.

UNIDENTIFIED FEMALE: I like it.

YOUNG: OK.

UNIDENTIFIED FEMALE: So, um, I'm optimistic about our future.

[07:35:00] UNIDENTIFIED MALE: And the World Cup is here in the United States and it's awesome to see these people from all over the country coming here to watch a world sport that's worldwide. Billions of people are watching these games.

YOUNG: It feels good?

UNIDENTIFIED MALE: It feels awesome.

(END VIDEO CLIP)

YOUNG: Yeah. However you feel about what's going on in this country it's your right. We're doing the First Amendment as we speak right now.

This is the main security checkpoint line. This is what I was trying to walk you towards, John. You saw TSA precheck a little earlier. Packed but not bad. Maybe the average rate under about 20 minutes right now in a line like this. You want to make sure -- uh-oh, hold on. I think we're going to get bumped here. But at the same time they want to make sure that everyone's having a good time.

Most of the things that people have been telling you about is they can't wait for the fireworks and can't wait for the musical performances. So feel however you want to feel. Happy Fourth.

BERMAN: Ryan, happy Fourth to you there at the airport in Atlanta.

I will tell you, when I flew in here to Boston's Logan Airport yesterday it was crowded but not so crowded that I couldn't find a seat at the bar and get a cup of clam chowder and watch a little World Cup soccer right when I got here to Boston. It was well worth it.

New fun fact for you. So behind me you see all these sailboats here. Boston -- here in Boston is actually the oldest community boating club in the country. The oldest public community boating club in the country here. And those are some of the boats -- sailboats you see behind me.

There's a very different kind of boat -- many of them -- sailing toward New York's Hudson River right now into New York Harbor, and that's, I think, the largest flotilla ever of tall ships. These are very, very big boats.

One of those boats is the Coast Guard's Eagle. We talked to Leigh Waldman on it yesterday as it was sailing toward New York Harbor.

Also on board, Don Wildman. He's the host of America History Hit, the podcast. He is with us live indoors, I guess. I'm trying to see you on my video here. Indoors from the Eagle there. Just talk to me about what it's like to be sailing into toward New York right now.

DON WILDMAN, HOST, "AMERICA HISTORY HIT" PODCAST, MEMBER, NATIONAL MARITIME HISTORICAL SOCIETY: Oh man, you're talking to a very excited American right now. I have been on this ship for a week with the Coast Guard. I'm very honored to be a guest here. I'm in the nice berth downstairs because the connection is better and the light is better.

But I'm looking out my porthole at, I don't know, a dozen of the most beautiful, grand ships I've ever seen at anchor here in Sandy Hook, and they're all waiting to go through the Verrazzano Straits into the harbor later on tomorrow.

BERMAN: Um, and you've been on board for a week. You OK with the scurvy? You've been eating plenty of limes and all that?

WILDMAN: I've been sneaking a few oranges along the way just in case. The sea showers have been difficult -- the quick showers you have to take. But it's very heartening to be with the -- these group of men and women who are part of this force.

The tall ship is really the flagship of the U.S. Coast Guard and when you see it, it takes your breath away. I mean, it's part of this whole flotilla, as you say, of more than 60 ships I think that are going to come through tomorrow. It's going to be an amazing experience to watch either live or on television.

But it all brings to mind the purpose of it all, which is the, you know, 250th anniversary of the Declaration of Independence and those fabled words that all men are created equal, et cetera. It's a -- it's a really heartening thing that happens every year but now it's, of course, heightened by this semi quincentennial.

It brings me to mind of so much in my life that I'm grateful for and I think all Americans feel that way. But the challenges we're facing as well. That's what's exciting about this country. We get to face these things in a different sort of way and make sure we can adapt, you know, the way America always has.

BERMAN: Yeah, hear, hear to all of that.

You know, there's some irony to the fact that we're celebrating the 250th with tall ships pulling into New York Harbor because 250 years ago the sight of a tall ship of any kind was a bad thing, right? They were British ships. So much of the nation's founding was based on a reaction to those tall ships.

WILDMAN: Yeah.

BERMAN: You had the Boston Tea Party, of course, from the East India Tea Company, you know. The Americans climbed on those ships. They threw the tea in.

There were the British vessels and "One if by Land, Two if by Sea." The British came by sea, really, across Boston Harbor. And that's where we saw the Battles of Lexington and Concord. So the ships very rarely a good thing 250 years ago but today very much a good thing, right?

WILDMAN: You bring up a very interesting point because, of course, after the British left Boston they went to Nova Scotia and then came down and occupied New York Harbor with a huge flotilla. And basically, that was supposed to put an end to the whole war and like, here we are. But, in fact, that was just the beginning.

And anyway, yeah, it's a -- it's a moment of unity is how it really feels. I can't tell you how emotional it is to look at these ships and be a part of this. It's really lovely.

You know, at home in my -- on my bookshelf -- I do history for a living, so I care about these artifacts. My great grandfather went to the 1876 centennial in Philadelphia as a kid and collected all these souvenirs and they've fallen to me over the years.

[07:40:00]

And I've often looked at these things, and I held them just the other day wondering gosh, what was it like to see -- to imagine a country at that point, you know. It was 100 -- it was 100 years old at that point in 1876.

In fact, things were very, very tough in 1876. It was a bad depression they'd been through for a long time. There was a lot of difficulty in the south because of the civil war, et cetera. And George Custer and 200-some soldiers of the 7th Calvary had just been wiped out at Little Big Horn. So that was that week, so you can imagine how people felt. And yet, they were facing the future of America in 1876 with hope and optimism, and I imagine my great grandfather did as well.

So, you know, we -- these holidays -- these landmark moments are important but they're not pure, you now. They have difficulty. They have challenges. And we've always been a country that has been resilient through these times, and I think that needs to be kept in mind as we're watching the grand celebration around us.

BERMAN: It's such a good point and we always have been resilient. And it's such a great thing to bring up 1876 because the way we've celebrated this has changed over the last 250 years.

WILDMAN: Yeah.

BERMAN: It really became a thing, in a way, almost 25 years after the Declaration of Independence, right, when John Adams and Thomas Jefferson died on the same day on July 4.

WILDMAN: I know.

BERMAN: That really solidified the meaning of that day. It is such a fun fact.

Listen, Don Wildman --

WILDMAN: It's a --

BERMAN: -- out there on board the USS Eagle. Go ahead.

WILDMAN: I'm just -- I'm going to tip my hat to the -- to the Coast Guard. This is the Eagle. They've given me this hat. I am very, very touched by the treatment that we've gotten. Our American military is also being celebrated tomorrow with the Navy, et cetera, and we all need to tip our hats to them.

BERMAN: Tip our hats to them, indeed. And I'm going to tip my hat to you out there on board the Eagle for a week now. Hope you get to dry land soon, Don. Great to see you. Thank you for being with us.

Sara, I will go back to you now in New York, which is about to be invaded by these tall ships.

SARA SIDNER, CNN ANCHOR: Very much so, and we look forward to it certainly this time, John Berman.

And I just love that you have all of that information in your head. I know you know this stuff like the back of your hand. It's so impressive. Thank you, John.

New overnight, a blunt new warning from the man who investigated and charged President Trump with trying to overturn the 2020 election. Former special counsel Jack Smith speaking out in his first media interview since he resigned from that role, sounding the alarm about what could happen in this year's midterms.

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NICOLLE WALLACE, HOST, "MS NOW": Do you agree we are covering in real time an assault on our elections -- the upcoming ones?

JACK SMITH, FORMER SPECIAL COUNSEL: I'm very concerned what's going to happen in the next election, absolutely. A thing that all of us can do is support election workers and election officials. The last time around we saw that those people stood firm and they were, in many cases, the difference. It's clear to me anyways that where I've seen publicly that those people are going to be put under great pressure.

(END VIDEO CLIP)

SIDNER: Joining me now is CNN senior law enforcement analyst and former deputy director of the FBI, Andrew McCabe.

Look, former special counsel and the former assistant DOJ attorney, we should also mention, Jack Smith, says that the Justice Department is facing an unprecedented attack on the rule of law -- his words. Is that how you see it and, if so, how?

ANDREW MCCABE, CNN SENIOR LAW ENFORCEMENT ANALYST, FORMER DEPUTY DIRECTOR, FBI (via Webex by Cisco): Yeah, 100 percent. I think he's absolutely right.

I mean, the fact is, Sara, we've never seen a situation like this before. We've never seen a situation where the Department of Justice itself is day-to-day losing what courts have always given it, which is the presumption of regularity. That is the inclination of federal judges to believe what the government says. That is evaporating day after day in courtroom after courtroom because of the way this Department of Justice is conducting itself.

The fact that they're going into court and misrepresenting things. They're editing information improperly that they're giving to judges. Judges are finding that you cannot believe the government's lawyers in the way that you used to.

So this is a very visceral example of how the rule of law is being -- is under attack, is under pressure, and is basically losing ground in courtrooms around America.

SIDNER: That is quite a statement from you and from Jack Smith. He also says that look, he's hearing from career prosecutors and they're -- and agents, and they're saying look, they're being demonized at the DOJ for just doing their job.

So I'm curious how that affects the workers who are trying to do their jobs every single day and kind of what that means to Americans who are not inside the DOJ.

[07:45:00]

MCCABE: Yeah. So let's remember a little bit about what these workers do in the Department of Justice and the FBI. If they are not doing their jobs aggressively to the absolute extent of their -- of their energy and of their dedication, then we are all a little bit less safe. People aren't being caught for crimes they're committing. They're not being convicted at the same number and the same rate in federal courts around the country by prosecutors.

When you have prosecutors and agents who are basically just keeping their heads down trying to stay off the radar, trying to stay away from the headquarters' entities, you know, of both organizations because they're worried about being targeted for working cases that are politically disfavored, you have less effective law enforcement in this country at its absolute top level, right -- the federal level conducted by the FBI and the Department of Justice.

We can't tolerate that as a society. We need -- we desperately need these people to be 100 percent bringing their A-game every single day. What we don't need is to be pressuring them, threatening them, firing their colleagues for political reasons, and basically pushing them back into this cave where they're worried about self-preservation rather than doing their jobs.

SIDNER: Those are really salient and interesting points coming from someone who has worked within this big system.

Andy McCabe, thank you so much for running through that with us. I really appreciate it. And, you know, with all the things that are going wrong there are a lot of things going right in this country, so happy Fourth of July to you as well.

All right. New this morning, some good news for drivers hitting the road this holiday weekend. Gas prices did drop overnight. The national average now sits at $3.82 a gallon for regular, though that's eight cents lower than a week ago. But drivers who need premium gas to fuel up are paying almost a dollar more at the gas station. So why is premium so much more expensive now?

CNN senior business reporter David Goldman joins me now.

Look, it's still higher than it was before the war. However, this premium gas -- people have always been like well, you have a fancy car and you're going to have to pay for fancy gas. But this is a lot more.

What is that? What's going on?

DAVID GOLDMAN, CNN BUSINESS SENIOR REPORTER: It's a lot more. You know, I drive an '08 Accord so I don't need premium gas.

SIDNER: Hold on. Let's give a high five.

GOLDMAN: Hey.

SIDNER: Let's give a high five because I've got a 10-year-old car myself.

GOLDMAN: Right. It gets us to where we need to go --

SIDNER: Yeah.

GOLDMAN: -- and it is fine. But you know what it doesn't need? It doesn't need premium gas, right?

SIDNER: Right.

GOLDMAN: And so I think there's a lot of folks out there who are confused. They see three buttons on the gas pump, and they say I'm going to give my car a little bit of a treat today. I'm going to hit that 91, 92, 93 and I'm going to put it in my car. I'm going to tell you something. It does absolutely nothing for a car that only needs 87 gas.

There are cars that need --

SIDNER: Right.

GOLDMAN: -- premium gas. In fact, you know, if your car recommends it or requires it --

SIDNER: You should use it.

GOLDMAN: -- you should use it.

SIDNER: Yeah.

GOLDMAN: But for the majority of cars that are on the road it's not going to do anything for your car, so don't pay the extra buck if you can avoid it.

But for those who can't -- and by the way, most new cars on the road do require premium gas.

SIDNER: They do?

GOLDMAN: They do. Most new cars that are there. Not -- SIDNER: You can tell I don't have new one.

GOLDMAN: Well, you and me both, right? We're driving our 10-15-year- old cars.

So the thing is though if you are in that group it used to be 20 cents more per --

SIDNER: Right.

GOLDMAN: -- gallon to buy premium, and it's a dollar now. Why is that?

SIDNER: Yeah.

GOLDMAN: Well, there's two things going on. One is that because there are more cars that require it, demand has gone up. And because people think that it's a good thing for their car even if they don't need it, demand has gone up.

SIDNER: Oh.

GOLDMAN: And it's just pure profit for the gas station.

So again, if you need it, use it. If you don't need it --

SIDNER: Skip it. You don't have to tell me twice.

GOLDMAN: -- skip it.

SIDNER: I'm not paying a dollar more for anything. You know what I mean? Like --

GOLDMAN: Right, exactly.

SIDNER: -- it's not happening. I never gave my car a treat but it's still around, so I -- it's been -- I think now it's 11 years old, you know.

GOLDMAN: And it's still going.

SIDNER: Yeah.

GOLDMAN: You're fine.

SIDNER: Fine. It's got more than 100,000 miles and it keeps on ticking. I love it.

GOLDMAN: As long as you come into work that's all we need.

SIDNER: Oh, by the way, it's just sitting there because I live in New York. So maybe that's one of the things.

All right, thank you so much. I do appreciate it, David.

All right. Ahead, an American Olympian now indicted on several charges for allegedly vandalizing the reflecting pool. It's a case the DOJ claims is about protecting America's monuments. The question is will this hold up in court?

Plus, "Dancing Grannies." We love to see it. Look at these ladies. They're so good. Well, they're going to be celebrating the Fourth of July in a special way. We'll explain coming up.

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[07:51:40]

SIDNER: A former Olympic canoeist is facing charges for allegedly damaging the reflecting pool in front of the Lincoln Memorial. You know, the pool that's had all the problems since they tried to renovate it and change the color. David Hearn has been indicted by a grand jury. If convicted, he could get 10 years in prison.

According to the indictment Hearn maliciously -- this is what the indictment says -- did injure, break, and destroy a lining material. U.S. attorney for D.C. Jeanine Pirro says Hearn ripped off a piece and damaged two square feet of the pool's sealant. Hearn acknowledges putting his hand in the water and feeling a loose piece of sealant, but he says he didn't remove anything.

(BEGIN VIDEO CLIP)

DAVID HEARN, FORMER U.S. OLYMPIAN: I took my left hand glove off and reached own into the water and sort of felt the end and bent it around a little bit.

(END VIDEO CLIP)

SIDNER: Hearn's attorney calls the charges outrageous and says the indictment is the administration's effort to shift blame for their own failures.

Joining us now is CNN legal analyst and criminal defense attorney Joey Jackson.

So a grand jury has been involved in this. They've indicted David Hearn on a felony destruction of property charge.

What do the prosecutors have to prove for this particular thing because as I understand it, I don't think there's any -- maybe any video of this or I don't know if there are witnesses this this either?

[07:55:00]

JOEY JACKSON, CNN LEGAL ANALYST, CRIMINAL DEFENSE ATTORNEY, FORMER PROSECUTOR (via Webex by Cisco): Good morning, Sara.

So it has been said that a grand jury will indict a ham sandwich, so that, of course, isn't the barometer because as we look there, the reflecting pool indictment and what he's facing. But the grand jury, of course -- they consider evidence but it's a one-sided affair, right? The prosecutor introduces evidence to the grand jury.

SIDNER: Right. JACKSON: There's no defense in the grand jury. The prosecutors, the judge, the jury, and the executioner essentially. So the proof will be in the pudding when it goes to an actual trial.

In terms of the proof, you have to prove a few things. Number one, you acted with intent. Number two, you destroyed property and it was not yours. And number three, that it was over $1,000. That, Sara, brings it up to the felony threshold. The issue is to whether they can really actually prove that.

In terms of your question concerning witnesses, there's some indication that there are witnesses who are employees of the National Park Service and, in fact, that these particular individuals saw him do it. One, in fact, says -- a female employee says that they said, "Hey, stop!" and he became rude and belligerent and said, "Hey, it's not your pool." And so it'll turn on credibility with respect to whether he reached his hand into the pool, which is not a crime, or whether or not he actually looked to destroy the property.

And so I think it'll be a battle of the narratives, a battle of the witnesses. And if there is no video, which is demonstrative and telling as to specifically what happened, the jury will have to make its own decision based upon the demeanor of the witnesses and the credibility of the stories that they hear from them.

SIDNER: I mean, they're saying, you know, the damages -- it's a felony. So if he's convicted, he could face up to 10 years in prison.

What is the likelihood any judge or jury is going to go for something like that -- for something like what he's being accused of?

JACKSON: Yeah, so slim to nil, Sara. What happens is that all types of crimes have what we call statutory maximums --

SIDNER: Right.

JACKSON: -- and that is the maximum upon which you could be -- a sentence could be imposed in the event, for example, you were found guilty. In this particular case the maximum, as you note, is 10 years. It's a $25,000 fine. There's also restitution. What does that mean? It means you have to pay back what you've done in the event that you're guilty, but I think we're a far cry from that.

Usually what ends up happening in the event that you -- there were to be a conviction -- not suggesting there will be -- the judge bases it based upon the background of the particular individual. Do you have a prior criminal history? Do you have redeeming qualities? What is the essential punishment? What can we do for deterrence? So there's a lot of factors that don't even come near the statutory maximum.

But this is D.C. I would say to you, Sara, and anything can happen in the District, excuse me, of Columbia.

SIDNER: Well, our resident lawyer-in-training, Randy, agrees with you wholeheartedly. So you're on the right track, Joey Jackson. You're on the right track. I do appreciate and happy Fourth to you. JACKSON: Listen, if Randy agrees with me -- if Randy agrees with me, who I call the chief justice --

SIDNER: You can't be wrong.

JACKSON: -- I'm in great shape.

SIDNER: It's good times.

JACKSON: Take care, Sara.

SIDNER: Good seeing you, all right.

All right. Ahead, the newly-engaged couple who scaled the spire of the Empire State Building -- well, they went to jail, but they've been released under court supervision after being arrested and arraigned for their stunt.

We are also learning new details about how they managed to pull this thing off. Authorities say video shows the pair hid in a maintenance room in the observatory complex before it closed. Then in the early dawn hours they popped through a hatch and cut through locks to ascend to the top of the spire.

The pair were arraigned on Thursday on multiple charges, including burglary, reckless endangerment, and criminal mischief.

There was also a proposal up there but right after the proposal they ended up in jail. So I don't know, you do the math.

Anyway, a farmer in central California says he's had no choice but to give away 125,000 pounds of his white nectarines. It's because of a legal battle over the fruit. A large fruit company is suing him, claiming it has exclusive rights over the variety of nectarines. They say that farmer, Cesar Mora, broke their contract by selling it to other companies. Mora is countersuing, alleging unfair business practices.

He can't sell the fruit during the legal fight so rather than letting it rot he's just giving it away. He's documented the whole thing on social media leading to thousands of people showing up to support him. And those are tasty, by the way -- get their fruit.

The case goes to trial later this month.

All right, something to watch for in CNN's live coverage this weekend of all the July Fourth events around the country. A Milwaukee group known as the "Dancing Grannies" have been invited to march in not one but two Independence Day parades. The women will bring their signature moves and those pompoms -- you see them in all their dazzling gear -- to Philadelphia first and then to the nation's capital.