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House Votes to Advance Trump Impeachment Investigation; Swing State Voters Weigh in on Impeachment Drama; Trump Campaign Makes a 7 Figure Ad Buy During World Series; Court Hearings Underway on Key Test for Trump Witnesses; Congresswoman Gives Final Floor Speech Before Resignation; ISIS Confirms Baghdadi Is Dead, New Leader Named. Aired 3:30-4p ET

Aired October 31, 2019 - 15:30   ET

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

[15:30:00]

(BEGIN VIDEOTAPE)

MIGUEL MARQUEZ, CNN NATIONAL CORRESPONDENT: -- and they say impeachment and the dislike of Trump is already driving voters and raising enthusiasm among Democrats here and they expect that trend to continue through 2020.

Miguel Marquez, CNN, Washington County, Pennsylvania.

(END VIDEOTAPE)

BROOKE BALDWIN, CNN HOST: Miguel. Thank you for that.

And while the House was formalizing its resolution on the Trump impeachment investigation today, Democratic candidates have been swarming in other swing states, Iowa. That is where we find CNN's political director David Chalian. And David, I mean Miguel's piece was fascinating, right, to listen to folks. And I'm curious where you are, you know. Outside big cities, outside the polls, what are you hearing from voters in places like Iowa when it comes to Trump and impeachment?

DAVID CHALIAN, CNN POLITICAL DIRECTOR: Yes. It's a good question, Brooke. Last night I attended a house party that Kamala Harris was having in Newton, Iowa. And by far her biggest applause lines in the living room in this house, the stuff that excited these Democrats the most, was when she said the lines about getting rid of Donald Trump. Saying, thank you, and good-bye to him. That gets the biggest applause. That's the Democratic faithful just like you saw in Miguel's piece there in Pennsylvania.

What I think is important to remember as we're looking at sort of the politics of impeachment is when you look at those national polls, Brooke, that show you a majority may want to impeach and remove Donald Trump from office, when you look across some of the critical battleground states, those numbers are reversed. The majority do not want to impeach and remove Donald Trump from office. And this plays out district by district, which is why some of those Democratic members of the House, the majority makers, who come from districts Donald Trump won in 2019, they voted with Nancy Pelosi on this today for the most part.

And Republicans are pouncing to try to hang that vote around their neck, because in their districts back home where Donald Trump won this idea of impeaching and removing him is not a popular one.

BALDWIN: I want to also ask you about that ad. The Trump campaign made this seven-figure ad buy during last night's game seven World Series. Here's a clip.

(BEGIN VIDEO CLIP)

ANNOUNCER: President Trump is changing Washington. Creating 6 million new jobs, 500,000 new manufacturing jobs, cutting illegal immigration in half. Obliterating ISIS. Their caliphate destroyed. Their terrorist leader, dead. But the Democrats would rather focus on impeachment and phony investigations ignoring the real issues but that's not stopping Donald Trump. He's no Mr. Nice Guy but sometimes it takes a Donald Trump to change Washington.

(END VIDEO CLIP)

BALDWIN: David, how effective is that?

CHALIAN: Well, it is an effective ad. I have little doubt. And I think any ad consultant who looks at that, Democrat or Republican, would say, that's a pretty good way to get around some of the Trump negatives, the chaos. By saying he may not be Mr. Nice Guy but he's busting things up in Washington.

Here's the problem, Brooke. The Trump campaign's overwhelming financial advantage comes in here because they can put up ads like this that have a really tight, delivered message. Talking about jobs, talking about manufacturing and even trying to put a positive spin on the President's tone and tenor and behavior.

Here's the problem, Donald Trump then tweets and acts in a crazy way that that gets wiped away. In Presidential campaigns, paid media is important but not nearly as important as the overall narrative in the free media every day. Unlike Senate and House campaigns where you can really change the way someone thinks about a candidate with an ad. We see Donald Trump behave every single day. So this is where he gets in his own way. If he every day were delivering a message like that ad is, Brooke, he would be on a much more sure-footed path to re-election than he is.

BALDWIN: David Chalian, thank you for all that. Enjoy Iowa. Thank you.

CHALIAN: Thanks, Brooke.

BALDWIN: Coming up next, we are live outside of a federal court in Washington where two cases critical to the impeachment process are being heard back-to-back this afternoon and the outcome will determine who is forced to testify about what they saw inside the White House. [15:35:00]

(COMMERCIAL BREAK)

BALDWIN: Now that the House impeachment inquiry has been formally approved today there are two judicial court hearings that could set the tone for whether more White House witnesses will testify. These are back-to-back separate cases involving former Deputy National Security Adviser Charles Kupperman and former White House Counsel Don McGahn. The White House insists McGahn has absolute immunity from being forced to speak to Congress. On the other hand, Kupperman filed a lawsuit asking a federal judge to rule on whether he is obliged to testify for House investigators.

So CNN legal analyst, Elie Honig, is outside that courthouse where these cases are being heard. And Elie let's start with Don McGahn. We know that the House has been seeking his appearance for nearly a year. You were you in the courtroom. What was the vibe like? And did you get a sense of the judge and where she may be leaning?

ELIE HONIG, CNN LEGAL ANALYST: Yes, Brooke. So you really can sense the idea of this is a case of constitutional impact. Right there in the courtroom. It's laid out in front of you. This bottom is about separation of powers. You can see it, because to your right in the courtroom is a table full of lawyers representing the House of Representatives, Congress. And to your left is a table full of lawyers representing the Justice Department, the executive branch. The judge now, she clearly understands the importance of this case, she is locked in. She obviously has read the briefs very carefully. She's asking very pointed questions of both sides.

[15:40:00]

But I do have to say I've noticed a bit more skepticism from the judge towards the Justice Department lawyers. A bit more raised eyebrows, a little bit more, like, for real? Are you arguing that? So at this point it looks like the judge is feeling the House of Representatives' argument and vibing with that a little bit more than with the executive branch.

BALDWIN: OK. What about the other case? Cause we know that the White House is also citing executive privilege over the second witness, Charles Kupperman. The real impact here maybe on John Bolton, the President's former National Security Adviser. Tell me why?

HONIG: Yes. So the two cases are very closely related. In fact they're so related that at the beginning of this argument both sides said, your Honor, please don't be offended but 4:00 we have another argument and some of our lawyers are going to have to leave and go down the hall and do the Kupperman argument. That's how close these arguments are to one another. In both case they involve the fundamental question of to what extent can Congress compel testimony from people who the executive branch does not want to testify.

Ultimately, today's hearing is about Kupperman. But wherever Kupperman goes, in all likelihood John Bolton's going to go. It's hard to see any distinction between the two of them, they're both in a very similar position. So the outcome of Kupperman likely will determine whether Congress hears from John Bolton as well.

BALDWIN: If the judge, Elie, were to rule against the White House, what would the next steps be for these witnesses?

HONIG: Yes. So whoever loses in this court behind me, this is federal district court, the trial-level court, Brooke, will certainly appeal to the D.C. Court of Appeals. That's the next level up. You have an automatic right to do that. And then from there if you lose you have the right to try to get it to the U.S. Supreme Court, but the U.S. Supreme Court does not have to take any given case. So this is round one. It's very important but there are still at least another round ahead.

BALDWIN: Elie Honig, back in court today. Times two. Good to see you. Thank you very much.

HONIG: Feels good.

BALDWIN: Coming up next, Congresswoman Katie Hill says today is the first time she has left her house since revenge porn photos of her were posted online. Insisting that she will not be silenced even though she is now resigning from office.

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(COMMERCIAL BREAK)

BALDWIN: California Congresswoman Katie Hill just delivered her final speech from the House floor, she is resigning in the wake of nude photos that were leaked allegedly by her estranged husband with whom she is divorcing. During her speech

the freshman Democrat said that although she may be leaving, she will not stop fighting for truth and accountability.

(BEGIN VIDEO CLIP)

REP. KATIE HILL (D-CA): I wasn't ready for my time here to come to an end so soon. It's a reality I'm still grappling with and will be for a long time to come. And I realize that hiding away and disappearing would be the one unforgivable sin. I will never shirk my responsibility for this sudden ending to my time here. But I have to say more, because this is bigger than me. I am leaving now because of a double standard. I am leaving because I no longer want to be used as a bargaining chip.

I'm leaving because I didn't want to be peddled by papers and blogs and websites used by shameless operatives for the dirtiest gutter politics that I've ever seen and the rightwing media to drive cliques and expand their audience by distributing intimate photos of me taken without my knowledge, let alone my consent for the sexual entertainment of millions.

I'm leaving because of a misogynistic culture that gleefully consumed my naked pictures, capitalized on my sexuality and enabled my abusive acts to continue that abuse this time with the entire country watching. I am leaving because of the thousands of vile threatening emails, calls and texts that made me fear for my life and the lives of the people that I care about. Today is the first time I've left my apartment since the photos taken without my consent were released and I'm scared.

I'm leaving because for the sake of my community, my staff, my family and myself, I can't allow this to continue. Because I've been told that people were angry when I stood strong after the first article was posted and that they had hundreds more photos and text messages they would release bit by bit until they broke me down to nothing while they used my faults in my past to distract from the things that matter most. I'm leaving because there is only one investigation that deserves the attention of this country, and that's the one that we voted on today.

(END VIDEO CLIP)

BALDWIN: Maeve Reston is our CNN national political reporter and she's with me now. It was a powerful speech for her to give. When she mentioned she's resigning because of a double standard, what was she alluding to?

MAEVE RESTON, CNN NATIONAL POLITICAL REPORTER: Well, she was talking about all of the men in the halls of Congress who have withstood allegations like this and issues like this and stayed in their positions of power. She also alluded to the allegations against Brett Kavanaugh, for example, and President Trump, who was accused of sexual misconduct by more than a dozen women as you know, Brooke. [15:50:00]

So I think that this is, it was a powerful speech because it addressed the underlying complexity of her situation, and you heard her apologize. You know, no less than a half dozen times for what happened here. But also this pledge that she would speak out on these issues and be a voice for the many women who feel victimized because their exes or boyfriends have photos of them that could be published or used against them.

And it's so complex and kind of tragic, just because she was really a political force within that freshman class. But also there's a lot of moral issues here, too. And she addressed all of those today -- Brooke.

BALDWIN: You know, I was talking to Charlotte Alter, she's a writer for "Time" magazine. We were talking yesterday because she wrote a fascinating piece just basically on how the headline was, Katie Hill is the first millennial lawmaker to resign because of nudes. She won't be the last. And I'm curious, in terms of the culture on Capitol Hill, or victims of revenge porn, men and women, but majority women, what can Congress do at a federal level to better protect these victims?

RESTON: Well, there's all kinds of legislation looking at this. Most notably the SHIELD Act in Congress which has actually been introduced both in the House and in the Senate by two of the candidates who are running for President, Amy Klobuchar and Kamala Harris, that would address some of these issues. There's also just kind of a patchwork of laws across the country. And I think that's what her case has really highlighted, you know, here in California we have some of the strongest revenge porn laws, but it's really a patchwork.

And a lot of women are just sort of testing the waters for the first time on this. And she is calling and will be calling in the coming weeks for federal officials to really step up and take the lead here -- Brooke.

BALDWIN: As we continue to follow her and her story. Of course, we heard from Speaker Nancy Pelosi about all of this. Today she said it was, her word was shameful, that Congresswoman Hill was publicly humidity by cyber exploitation. "Politico" is reporting that Speaker Pelosi made some other noteworthy comments behind closed doors? What did she say?

RESTON: Well, I mean she has been -- that's been such a fascinating thing. Because Katie Hill was certainly a protege of hers. Katie Hill was one of the first people to support Nancy Pelosi. And so her comments today were really interesting in that she talked about sort of warning her grandchildren and the next generation about being more cautious with these photos. And "Politico" is reporting, obviously, that Pelosi had said this was a sad situation. And it goes to show you that we should say to young candidates and to kids in kindergarten really be careful when transmitting photos. That's Nancy Pelosi's message on this. Katie Hill obviously wants it to be a much broader conversation -- Brooke.

BALDWIN: We'll keep talking about it. Maeve, thank you very much.

RESTON: Thank you.

BALDWIN: Less than 24 hours after the Pentagon declassified video of the raid that killed ISIS Abu Bakr al Baghdadi. The terror group has named a new leader. Details on the audio message that was just released from them.

Plus, why prosecutors are using the word, risky and cautious, when it comes to the legal implications surrounding the President's personal attorney Rudy Giuliani. We'll be right back.

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(COMMERCIAL BREAK)

BALDWIN: For the first time the terror group ISIS is admitting that its leader Abu Bakr al Baghdadi was indeed killed in a U.S. raid but already the terror group has named a new leader. His name is Abu Ibrahim al-Hashemi al-Qurashi according to a new audio message posted online. It also warns that the group is still expanding. A sentiment we heard from inside a camp in Syria where ISIS women and children are living.

(BEGIN VIDEO CLIP)

UNIDENTIFIED REPORTER (translated Text): You are not sad because Al khalifa is dead?

UNIDENTIFIED FEMALE, CAMP RESIDENT: No, we are not sad. 100 people will come to replace him.

What do you think his death means? You think it's over, no it's not.

UNIDENTIFIED CHILD: God willing, one day you will go through this. A day you will be imprisoned like this. God willing, one day you will go through what we are going through. God willing, we will imprison you one day. Don't think that the state is over

(END VIDEO CLIP)

BALDWIN: Children. This news comes as the Pentagon declassified the video of that daring two-hour raid that led to Baghdadi's death. It shows U.S. troops taking small arms fire from multiple locations as their helicopters approached that compound. The compound was then blown up to prevent it from becoming a shrine. President Trump also declassified the name of the military canine who was so critical in hunting down Baghdadi. He says this dog, Conan, will be leaving the Middle East next week and visiting the White House soon.

And quick check of the Dow, before we go, getting ready to close here, deep in the red, sitting at around 27,000, down about 143 here. The Fed announcing it was cutting rates for the third time this year as the economy slows and of course as the trade war with China keeps going.

The President once again blasting his hand-picked Fed chief for his decisions over the last couple of years.

That is it for me. Have a safe and wonderful Halloweens if you are heading out. I'm Brooke Baldwin. Let's go to Washington. "THE LEAD" with Jake Tapper starts right now.

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