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Pensacola Naval Shooting Investigated As Act Of Terrorism By FBI; Rock-Solid Case By The House Judiciary Committee In The Impeachment Of President Trump; North Korea And United States' Rising Tensions; John Kerry Endorses Joe Biden; Elie Honig Answers Legal Questions On "Cross-Exam"; CNN Heroes: An All-Star Tribute As Hero Of The Year To Be Selected. Aired 5-6p ET

Aired December 08, 2019 - 17:00   ET

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

[17:00:00]

FREDRICKA WHITFIELD, CNN HOST: There is a GoFundMe site set up, organized by their friends to help cover the cost of the little girl's father's funeral.

We've got so much more straight ahead in the NEWSROOM. I'm Fredricka Whitfield. Thanks so much for being with me this weekend. It all starts now.

ANA CABRERA, CNN HOST: You are live in the CNN NEWSROOM. Thanks for being here. I'm Ana Cabrera in New York and we are on top of new details right now about the man who shot and killed three American servicemen inside a U.S. Navy base in Florida.

Details about why he might have done it, details on what the FBI knows about the weapon he used and whether they believe this was a terrorist act, and details on what officials in the killer's homeland are doing to help find those answers.

This is Pensacola, Florida, the people of that enormous military community today showing their sadness and paying their respects to the three young men who died when a Saudi military officer opened fire inside a classroom on base.

All three victims, active duty military, none of them older than 23. Right now, they are all being taken to the military's mortuary at Dover Air Force bas in Delaware. FBI agents spoke to reporters earlier today and say they are on track to finding out what drove that shooter to commit such violence.

(BEGIN VIDEO CLIP)

RACHEL ROJAS, FBI SPECIAL AGENT IN CHARGE: I can tell you that we are looking very hard at uncovering his motive and I would ask for patience so we can get this right. The Saudi government has pledged to fully cooperate with our investigation. I thank the kingdom for their pledge. Work with the presumption that this was an act of terrorism. This allows us to take advantage of investigative techniques.

(END VIDEO CLIP) CABRERA: CNN's Brynn Gingras is just outside Naval Air Station Pensacola. Brynn, you have been talking to people who have been stopping by that base to show their support. What is the feeling there today? Is it shock, is it strength?

BRYNN GINGRAS, CNN NATIONAL CORRESPONDENT: It's a little bit of both and it's just a sense of sort of coming together, a community. It was pretty moving, Ana, to see the procession -- the three hearses with the bodies of these three men. It's important we give their names -- Joshua Watson, just 23 years old, Mohammed Haitham, just 19, and Scott Walters, 21 years old.

There were people lined up on the street headed toward the naval base there as those bodies went by with a full procession with someone playing taps along the way as well. Little kids, people who graduated from the Navy, veterans. It was really a wide range of people and everyone just really solemn watching this happen.

It's still hitting people. I just met someone yesterday, you know, this happened Friday. I met someone yesterday who broke out in tears for the first time and she was apologizing, saying I'm so sorry I'm crying, I just can't believe this, that this happened in her community so, it's a lot to process.

And that's why the FBI is saying they're taking their time, right. You heard it right there. They're taking time trying to figure out this motive. They want to get it right and that's really why they've said they've been doing that, is to get it right for the victims.

Their goals, investigatively right now, Ana, they say basically their main goal is to find out more about the gunman. Did he act alone, meaning like, was he a lone wolf in his act or was he part of a bigger terrorist or some sort of network.

And that's really one of the big questions they have. That's why they're not calling this terrorism, but they are as you said or as we heard, investigating this as if it were an act of terrorism allowing them to open up more investigative tools.

Part of that is going to be talking to people here on the ground in Pensacola. People that he was friends with, people he was classmates with, some of his superiors. You know, we've been reporting about these Saudi nationals that were detained.

The FBI today not really saying they're detained, they're just restricted to only stay on the base, but that they are fully cooperating with this investigation. So, they have a lot of evidence that they're working through as they kind of try to figure out exactly the intent behind this gunman on Friday morning.

CABRERA: Brynn, Defense Secretary Mark Esper earlier today mentioned reports that at least one of the killer's friends made a video of the shooting and I know there is new clarification on that report. Bring it to us.

GINGRAS: Yes, absolutely. The FBI really coming out quickly and we are getting information from sources as well here at CNN, learning that that video was taken after the shooting started and the emergency response that followed by we know from a source, it was a Saudi national.

But we're told from this source that this person had no relation or no nefarious act or wasn't a part of this act at all. Just really what the FBI is saying, as a bystander.

Actually, wasn't even close to the scene as it was unfolding so, definitely some clarification coming from the FBI on that issue. Again, this investigation very much still ongoing.

[14:05:00]

CABRERA: OK, Brynn Gingras there in Pensacola. Thank you. Joining us now is CNN counterterrorism analyst and former CIA counterterrorism official and FBI senior intelligence adviser, Phil Mudd.

Phil, the special agent in charge says investigators are working with the presumption that this was an act of terrorism, but we also have sources telling CNN investigators have found no apparent ties to terrorist groups. So, what does this mean?

PHIL MUDD, CNN COUNTERTERRORISM ANALYST: Those are two completely separate issues. Let me step through this with you for a moment. First, when you say presumption of terrorism if you're the FBI special agent in charge, what that means is you don't want to start saying maybe this is a simple murder and 72 hours say now we've got to blow it up, it looks like an act of terrorism.

What you want to start with is saying we aren't certain what happened here. It might have been an act of terrorism so let's presume that. So, I wouldn't read too much into that in terms of believing that they know what happened here.

That said, you're a day plus into this, day and a half into this. The amount of information they looked at not only interviews, but things like social media, you want to know what that person looked at, on Google searches, what they looked on YouTube, what their reputation was back at their unit in Saudi Arabia.

They ought to have a pretty a good idea of what this person might have been motivated by at this point, but we've got still got a ways to go.

CABRERA: I do have to get your reaction to the "New York Times" reporting this weekend that the night before the attack, this gunman was showing videos of mass shootings at a dinner party.

MUDD: Well, that among all the things I've seen in the past couple of days, that was the most curious. So you have a couple of questions. One is an investigative question that I suspect has been revolved already. If those individuals saw that video last night, were they witting of or even participants in planning this event. It sounds like the FBI is determined that's not the fact, although I wouldn't guarantee that. The second is a subtler question, Ana, but it's really critical. When

you see a video like that, if you went to a dinner party tonight and somebody started showing videos like that, wouldn't you say something is wrong here? I have to do -- it's the classic see something, say something.

CABRERA: Right.

MUDD: What were these people thinking and why didn't they do anything? I need to know that.

CABRERA: And we know investigators are looking into the suspect's time in Saudi Arabia.

MUDD: Yes.

CABRERA: Apparently, he went home and then returned back to the U.S. What are they looking for?

MUDD: This gets really tough when you're dealing with a single individual if there aren't other conspirators. Let me tell you why. If you have two or three people involved, you typically are going to see things like an e-mail trail where you can start to see them talking and therefore understand motive.

What they're looking at when you have just one person is whether somebody says he started getting more religious, he started getting more radical. He talked about hating the United States, trying to get inside the mind of someone when he doesn't have a co-conspirator.

And maybe he doesn't have that much of a digital trail. Did he ever, as I said, look at YouTube videos of certain people that help you understand what he was thinking. They're trying to understand a thought process to see if there's something you could predict for the future.

CABRERA: And really all we have based on the interviews with fellow Saudis in Florida., investigators are saying that, you know, what they're learning is he came back more observant, he no longer drink, but there wasn't any major red flag.

Let me ask you about Saudi Arabia's role in all of these because we heard the country has pledged to cooperate and assist in the investigation. I know you have some insight into how things work in the Saudi kingdom. How confident are you that they will be completely open and transparent?

MUDD: I do. I work there. When I left government, I worked for the Saudi interior ministry for a couple of years. That was about eight or nine years ago. Look, for the kingdom of Saudi Arabia, whether you like them or not, this is extremely embarrassing.

Not only one of your nationals, but somebody in your military comes out overseas and in international media is seen as potentially a terrorist murder. So, I think they do have a motivation to cooperate in this case. I think they would be looking at things like transparency on conversations with family members.

Remember, I think the most significant thing here is not going to be whether they're transparent or not. It's whether when you're looking at digital media, things like e-mail, text message, Google searches -- that kind of stuff the Americans can get without the Saudis. I think that's the most important piece here.

CABRERA: OK, Phil Mudd, we always appreciate your expertise --

MUDD: Thank you.

CABRERA: -- and insight. Thanks for being here.

The impeachment inquiry entering a new phase tomorrow with House Judiciary Chairman Jerry Nadler saying today he has a rock solid case for a guilty verdict. But when it comes to the articles of impeachment, will Democrats include anything from the Mueller report? You're live in the CNN NEWSROOM.

(COMMERCIAL BREAKB)

[17:10:00]

CABRERA: In less than 24 hours, another critical impeachment hearing will get underway. Right now, Democrats on the House Judiciary Committee are on Capitol Hill in the very room where this hearing will take place. They're holding a mock hearing.

We are told that tomorrow's hearing will play out like a trial with each side giving opening statements before rounds of questioning. Judiciary Chairman Jerry Nadler is in charge of tomorrow's hearing as well as the first impeachment vote, which sources say could happen this week and here's how confident he is.

(BEGIN VIDEO CLIP)

REP. JERRY NADLER (D-NY): We have a very rock solid case. I think the case we have if presented to a jury would be a guilty verdict in about three minutes flat.

(END VIDEO CLIP)

CABRERA: But here's what Chairman Nadler said when asked whether Robert Mueller's findings will be part of his case.

(BEGIN VIDEO CLIP)

DANA BASH, CNN HOST: As you were talking about this, you keep bringing up the 2016 election and Russia. It certainly sounds to me like you want that to be included going forward.

NADLER: I wouldn't draw any conclusions. It is part of the pattern, which is why I bring it up.

(END VIDEO CLIP) CABRERA: CNN Congressional Reporter, Lauren Fox is live on Capitol Hill for us. Lauren, take us into that hearing room. What exactly are Democrats practicing and what can with expect tomorrow?

LAUREN FOX, CNN CONGRESSIONAL REPORTER: Well, Ana, essentially two days of preparations which are pretty significant when you think about the fact that this is the one day hearing, but they have been in this room both yesterday and today essentially going over what their lines of questioning should be in this hearing tomorrow.

And it's an opportunity for both the Intelligence Committee's counsel and the Judiciary Committee's counsel to lay out the case. You can expect specifically for the Intelligence Committee's counsel to lay out the evidence in that 300-page report that the House Intelligence Committee revealed last week.

But tomorrow could also be the last hearing in the House Judiciary Committee before they would unveil the articles of impeachment. And I was talking with one member of the Judiciary Committee, Eric Swalwell, just a few minutes ago.

[17:15:01]

He essentially said no decisions have been made yet about articles of impeachment. But as you know, Ana, there is a debate about whether or not to include the evidence that was contained in the Mueller report as sort of a pattern of behavior in these articles of impeachment.

That at this point is still unclear. But the hearing preparation over the last two days has really just been focused on what exactly members should be asking tomorrow in what could be a marathon day, Ana.

CABRERA: Okay, Lauren Fox, thank you for that. Congressman David Cicilline tweeted this photo today from the mock hearing today and here's how the "New York Times" describes what's happening behind the scenes this weekend.

"History can get cluttered sometimes. The rooms are littered with littered soda cans, pie leftover from Thanksgiving and boxes pulled from shelves containing files from past impeachments.

There are recurrent phone calls for tech support, caffeine and blankets, because the rooms are get cold, like the pizza. With so much grand talk about constitutional duties and respecting the founders and honoring oaths, there's also the mundane and workaday."

Joining us now is CNN Presidential Historian, Douglas Brinkley and former Justice Department spokeswoman, CNN Legal Analyst, Sarah Isgur.

Sarah, I want to start with what we heard from Chairman Jerry Nadler. He says a jury would find a guilty verdict in three minutes flat. Should he be that confident?

SARAH ISGUR, CNN POLITICAL ANALYST: I think what's very interesting hearing and you talked about this a little before, is how differently this hearing will be set up. There will be opening statements. Then each side will present their theory of the case for 45 minutes. Before then, questioning the other side, and then opening it up to questions from congressmen.

When the polls and everything else have shown a real stagnation of public support or opposition to impeachment, I wonder whether Democrats will regret not having this hearing at the frontend to really lay the case out for people watching versus what we saw on the intelligence side, which was a long drawn out, you know, witness after witness, giving pretty details testimony, but not exactly compelling television.

CABRERA: Douglas, Nadler sounds very confident in his case, yet he's still apparently unsure about what the exact articles will be. What does that tell you?

DOUGLAS BRINKLEY, CNN PRESIDENTIAL HISTORIAN: Well, Nadler has to be upbeat here. He has to be giving Sunday sound bites that Donald Trump is about to be impeached. It tells you that tomorrow is going to be for the T.V. cameras in a lot of ways and it gives Nadler confidence and correctly so as there's an overwhelming amount of evidence against Donald Trump that's not really in question.

What's the problem that the Democrats have is that the GOP has rallied behind Donald Trump in a way nobody was quite sure of. Early in the process when Mitt Romney in the Senate started going after Trump on the Ukraine situation, there was a thought that Republicans might peel off end of the year here, Donald Trump Trump's big accomplishment.

He blundered everything into Ukraine, but he's been able to hold his party together. And the big date I'm looking at is Christmas. Democrats got to get this done. They got to do it this week. The holiday is coming and public support will only corrode if they drag it on so I think this will be a speedy week with articles of impeachment coming and I doubt the Mueller report will be part of that.

CABRERA: There's been a lot of talk about what those specific articles will be. People remember that Nixon and Clinton were impeached, but I doubt most remembers what the exact articles were. In those cases, are the articles really that important, Doug?

BRINKLEY: Yes, I think it is important whether they bring in the whole, you know, supposed crimes of the Mueller era, if you like, but if they're -- Nancy Pelosi had really a strike on Ukraine, you know, momentum going right here and that, you know, this is different.

When Nixon went on for two years and it was on television all the time, Bill Clinton, you know, it had some people peeling off on Democrats and Republicans voting on different ways. This is shaping up to be just partisan, DNR, except for a couple of Republican, I mean, Democratic congress people that are going to vote not to impeach Donald Trump.

So, the politics are thick. Joe Biden has somehow survived all of this to still be the head of the, you know, leader in the pack of the Democratic Party. It's been a strange year and it's only going to get stranger when this gets to the Senate. CABRERA: Sarah, as we talk about Republicans staying in lock step

with President Trump, Senator Ted Cruz is now among those spreading a debunked Russia talking point that Ukraine meddled in the 2016 election. Listen.

(BEGIN VIDEO CLIP)

SEN. TED CRUZ (R-TX): Russia clearly interfered in our election, but here's the game the media's playing because Russia interfered, the media pretends nobody else did. Ukraine blatantly interfered in our election.

(END VIDEO CLIP)

CABRERA: Again, this is a Russian talking point, a debunked conspiracy theory. Are you surprised to hear this coming from Senator Ted Cruz considering he himself was the target of conspiracy theories when he was running against President Trump?

[17:20:07]

ISGUR: I think that at this point, so few people are tuning into the details of what's happened. I think the time for that was in October. We're months past it at this point. We've seen other Republican senators use this. Senator Kennedy then sort of backtracked then went back to it.

I think Republicans have yet to center on an exact message of how to defend the president. If you remember initially, it was, well, the conduct was bad but not impeachable. They've really moved on from that message, but I don't think they've settled on a single message yet.

And I think you're seeing that on the Sunday shows, whether it's Senator Cruz or many of the other Republicans, aren't really cohesive in what they're saying, but the truth is it hasn't mattered.

The Republican support has solidified behind the president and if anything, the impeachment numbers either stagnated or started to tick towards the president and so Republicans I don't think have needed as much, you know, crisis management as the Democrats have needed on their side.

CABRERA: Doug, Republicans have released their list of witnesses that they would like to hear from and they include the Bidens, Congressman Adam Schiff, the whistleblower, they don't include Mick Mulvaney, Secretary Mike Pompeo, people who would have first hand information. Congressman Matt Gaetz said testimony from Mulvaney and Pompeo could help the president.

(BEGIN VIDEO CLIP)

GEORGER STEPHANOPOULOS, ABC NEWS HOST: Rudy Giuliani has said he's actually representing the president while he's over there. And of course it's the president who's blocked his top witnesses with direct evidence from coming to the Congress. Do you believe that Rudy Giuliani, Mick Mulvaney, Mike Pompeo should all come testify now? REP. MATT GAETZ (R-FL): I believe that Rudy Giuliani has indicated

that he wants to so I think that's a moot point as it relates to the other members of the executive branch. The president has to make decisions not only for him, but for the presidency. I think it would (inaudible) to the president's advantage to have people testify who could exculpate him.

(END VIDEO CLIP)

CABRERA: Douglas, what's your take on the witness list from the GOP?

BRINKLEY: Well, from the GOP, it's not going the happen. Hunter Biden is not going to magically appear in Washington, D.C. These are just people trying to get press advantage, trying to lean forward for their side.

If Mulvaney in my mind and Bolton, it would be wonderful to hear from them, but none of this on either side is going to happen before Christmas. We pretty much know where the boat is headed. We know it's going to happen.

It's about going into the Senate. I think Chief Justice Roberts is going to have to play a referee kind of keep a decorum, make sense out of a potential Senate trial.

In that case, Giuliani's going probably going to come in with a bag load of so-called intelligence that he's bundled up and wants to spill forward to keep pressing what Ted Cruz just said that Ukraine did interfere in American elections and that's why Donald Trump was worried about it.

There's no evidence of that, but that's becoming the big new Republican talking point. We haven't heard the last of Giuliani, but I doubt we're going to hear Mulvaney coming before any committee anytime soon.

CABRERA: All right. Doug Brinkley, Sarah Isgur -- Sarah, I owe you first question again next time. Thank you both for being here.

North Korea is back at it this weekend with reports of a missile test. Was this the ominous Christmas gift that Kim Jong-un told the White House to prepare for? You're live in the "CNN Newsroom."

(COMMERCIAL BREAK)

[17:25:00]

CABRERA: Tonight, there are rising tensions between the U.S. and North Korea after the rogue nation announced it had conducted a very important test at a missile launch site it had once promised to dismantle as part of denuclearization talks.

In response, President Trump tweeted in part, "Kim Jong-un is too smart and has far too much to lose. Everything actually if he acts in a hostile way. He does not want to void his special relationship with the president of the United States or interfere with the U.S. presidential election in November."

Joining us now is someone with extensive experience negotiating with North Korea. Former U.S. Ambassador to the U.N. and former New Mexico Governor, Bill Richardson.

Governor, good to have you here with us. North Korea has warned the U.S. to prepare for a Christmas gift. Do you think this was it or was this just the stocking stuffer?

BILL RICHARDSON, FORMER U.S. AMBASSADOR TO THE UNITED NATIONS: No, this is not the Christmas gift. The problem is the Christmas gift usually happens at the beginning of the year, at the end of the year, a major speech, a missile launch.

Hopefully, North Korea needs to tone down a very, very tense situation. I'm worried because in the past, Ana, you can say North Korea's posturing all this rhetoric, they're getting a negotiating leverage, but this time they're refusing to meet with our negotiators.

The U.N. ambassador is saying that denuclearization is off the table, this engine test for a potential missile launch and then the Christmas gift.

But what's most worrisome is North Korea seems to be the hard liners that probably are trying to get Kim Jong-un's ear, are winning out over the moderates, the foreign ministry type that want to negotiate something with the U.S. So I'm worried. I'm not panicking, but this is not a very good situation.

CABRERA: So what is the appropriate response from the U.S. right now?

RICHARDSON: Well, I think the United States needs to stay cool. I think the president's statement a little bit over the top, not provoke Kim Jong-un. Stop some of the insults that are thrown to each other. Talk to the North Korean's directly. I think that's important.

You know, lately we've been trying to get together with them through the Swedes. Get the Chinese to talk to them. I think talk to them directly. Maybe find a way to do some soft power diplomacy. Talk, initiate talks on the remains of our soldiers.

You know, that was a big North Korean promise that hasn't entirely happened. They have turned over some of our remains. But find ways to bridge differences. But right now, this is a very worrisome situation.

[17:30:02]

CABRERA: Right, on top of saying no more denuclearization being on the table and now talks are just not even necessary. I want to play you something that the president said yesterday about Kim Jong-un.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: I have a very good relationship with Kim Jong-un. I think we both want to keep it that way. He knows I have an election coming up. I don't think he wants to interfere with that, but we'll have to see. The relationship is very good but, you know, there are certain hostility, there is no question about it.

(END VIDEO CLIP)

CABRERA: He says he doesn't think Kim wants to interfere in the 2020 election. What do you think about that?

RICHARDSON: Well, he wants to pressure the president who is up for re-election in a year to deliver. Now, I think the mistake that we have made is we've given Kim Jong-un three big summits with little substance.

Now, the first one was good. I said the president made the right move in reaching out to Kim Jong-un but the last two meetings have not gone well and the North Koreans have spoiled themselves. They only want to negotiate with the president even though we have some very capable negotiators.

Steven Biegun, trying to get the North Koreans to find a balance in a negotiation maybe lifting some sanctions in exchange for denuclearization. I mean, I'm not reciting the U.S. position. I'm just saying that I think the U.S. is ready to negotiate something.

But if the North Koreans say we're not even going to talk to you, we're not even going to meet, that is not a good situation.

CABRERA: Yes.

RICHARDSON: And with all this other rhetoric and the New Year coming up and a potential missile launch Christmas gift, I think it's a cause to worry a bit.

CABRERA: Governor, speaking of negotiations, you were heavily involved in the prisoner swap that happened just this weekend between the U.S. and Iran, one that secured the release of an American, Xiyue Wang, a Chinese-born Princeton graduate student. What went into those negotiations?

RICHARDSON: Well, you know, the Trump administration deserves credit, but they don't like to give credit to anyone else. In my negotiating team, my center that helps political hostages, American hostages, was deeply involved.

We worked on behalf of the families. We met with the Iranians at the United Nations, the foreign minister, with the White House, with the State Department, the Justice Department. It was very complicated.

But there are still more American hostages there that need to be released. There is Michael White. There is Robert Levinson who's been for years we don't know his whereabouts.

Hopefully, this negotiation that was successfully concluded will lead to some of these important human rights initiatives like the release of Americans. And I think there are other Americans around the world that we need to help that sometimes are forgotten. In Russia, Whelan, in -- Austin Tice in Syria.

CABRERA: Yes.

RICHARDSON: The five in Venezuela, the Citgo employees. There's a lot that we need to do on behalf of our hostages that are held overseas.

CABRERA: Former Governor Bill Richardson, great to have you here. Thank you.

RICHARDSON: Thank you.

CABRERA: Joe Biden, the Tom Brady of politics? John Kerry seems to think so and he's giving Biden a boost on the campaign trial in New Hampshire. We'll take you there next, live in the CNN NEWSROOM.

(COMMERCIAL BREAK)

[17:35:00]

CABRERA: A former presidential candidate goes to bat for a current presidential candidate. John Kerry is in New Hampshire today along with Joe Biden's "No Malarkey" bus tour. Kerry, also a past Secretary of State, endorsed Biden on Friday.

But it's Kerry's earlier status as a Democratic U.S. senator from Massachusetts that speaks volumes, at least in this part of the country. He's picking Biden over two other candidates with strong commonwealth credentials, Senator Elizabeth Warren and former Massachusetts governor Duval Patrick. Kerry also invoked another local hero to explain why he's backing Biden in 2020.

(BEGIN VIDEO CLIP)

JOHN KERRY, FORMER SECRETARY OF STATE: Joe Biden's a little bit like the New England Patriots, I think. Fun to watch -- fun to watch the promise and potential of young quarterbacks, but come February, I like having an experienced quarterback like Tom Brady calling those plays.

(END VIDEO CLIP)

CABRERA: CNN's Arlette Saenz is on the trail with the Biden campaign. Arlette, this is old school campaigning, feet on the ground, shaking hands, kissing babies. Does the Biden campaign think this is the best way to connect with voters?

ARLETTE SAENZ, CNN POLITICAL REPORTER: Yes, Ana, they certainly do. They believe that putting Joe Biden in front and connecting with as many voters as possible is going to help him win this nomination. And as you can see behind me right now -- we're in Hampton, New Hampshire -- and Biden is taking questions from voters here.

But he's also been accompanied as you mentioned, by John Kerry. He was in Iowa with him just a few days ago and now he's here in New Hampshire. And Kerry's endorsement is a big cut for Joe Biden. He's not just the former Secretary of State, but as you mentioned, you know, is this former senator from the state next door. And he also has experience here in New Hampshire, having won here when he ran for president back in 2004. And Kerry at each of the stops today has touted Biden's experience, on foreign policy, on climate, on issues relating to the middle class. And he has said the he is the best option to beat President Trump. Take a listen to what he had to say.

(BEGIN VIDEO CLIP)

KERRY: This is a man who comes from the middle class who will fight the middle class, not a phony who comes down a golden plated escalator and promises to get rid of a swamp which he feeds with more alligators than we've ever seen before.

(END VIDEO CLIP)

[17:39:57]

SAENZ: Now, Biden's campaign in the past has said that both Iowa and New Hampshire are not necessarily must wins for him, but Biden understands the importance of both of those early states. Today, he told voters that here in New Hampshire, they will set the tone for who is elected president, Ana.

CABRERA: All right, Arlette Saenz, sounds like quite the crowd behind you. Thank you for that reporting.

As the House prepares for a possible vote this week, what other options are there to hold the president accountable if he isn't impeached? Your burning questions coming up in "Cross-Exam." That's next.

(COMMERCIAL BREAK)

CABRERA: A big week shaping up in the impeachment inquiry. Sources tell CNN the House Judiciary Committee could vote to impeach the president within days.

At tomorrow's hearing, evidence against the president will be presented and CNN's Dana Bash went one-on-one with House Judiciary Chairman Jerry Nadler who expressed full confidence in the case for impeachment.

(BEGIN VIDEO CLIP)

NADLER: Yes, yes.

BASH: -- that you have a rock solid case.

NADLER: We have a very rock solid case. I think the case we have if presented to a jury would be a guilty verdict in about three minutes flat.

(END VIDEO CLIP)

[17:44:56] CABRERA: Time now for "Cross-Exam" with CNN Legal Analyst and former federal and state prosecutor Elie Honig. He's here to answer your questions on impeachment. So Elie, Nadler would not commit as Dana continued that interview.

He would not commit to not including Mueller's findings from the past report and the past investigations. So one viewer asks can and should the House include obstruction of justice relating to Robert Mueller's investigation in the articles of impeachment?

ELIE HONIG, CNN LEGAL ANALYST: Can they? Yes, absolutely. Should they? That's the big question facing House Democrats this week. Now Nadler has been out there making, I think, the argument for including an article of impeachment based on Mueller.

He said at one point, that Trump had taken extraordinary and unprecedented steps to obstruct the Mueller investigation and the thought I think is it would simply be unjust and not right for history if Trump got away with this without an article of impeachment.

But on the other hand, there are downsides. Number one, if they include an article based on Mueller, you will be expanding the scope and length if the Senate trial. I don't know if anybody wants that.

And number two, there is a political risk that some Democrats would vote against a Mueller article of impeachment. Two members told Manu Raju or suggested to Manu Raju they might do just that.

On the other hand, no matter what, even if they do not include it as an article of impeachment, it will be important context for what happened with the Ukraine inquiry.

Remember, July 24th, Robert Mueller testifies. He says there was foreign interference in the 2016 election. There likely be in 2020. Next day, Trump gets on the phone with Zelensky, asks him to investigate the Bidens. Adam Schiff said, that is the sign of a president unbound, not one chasing by experience.

CABRERA: That timing, July 24th and then July 25th, that's important (inaudible).

HONIG: Tell us there is something there.

CABRERA: Also, we've been talking so much about how, you know, Mick Mulvaney and John Bolton and some of these other important administration officials will not testify because the White House has asked them not to. Another viewer wants to know, is it an impeachable offense for President Trump to order witnesses who have been subpoenaed not to testify?

HONIG: So, I think House Democrats think so. Now the Republican counter is, well, we have a right to go to court. We can resist your subpoenas. We can fight this out in the court. The response from Democrats though is yes, but that's not what was done here.

Donald Trump issued a blanket order. His quote was, "We're fighting all the subpoenas." And Adam Schiff has said that refusal has come with a real cost. Schiff wrote in his report last week there are important unanswered questions, missing witnesses, missing documents.

Now, the interesting precedent here is Richard Nixon. Richard Nixon fought many of Congress' subpoenas, but not all. He complied with some and even so, the House Judiciary Committee returned a draft article against Richard Nixon for obstruction of Congress.

So, if you look at that precedent, Donald Trump has gone even further. I think it's very, very likely we will see an article for obstruction of Congress against Donald Trump.

CABRERA: So, the House of course, is in charge of impeaching. The Senate would have a trial to be in charge if convicting or acquitting and then, you know, deciding on removal or not. A viewer wants to know if the House does not impeach or the Senate does not convict, can either still censure the president?

HONIG: Yes. So, censure essentially is a formal statement of reprimand by the House or the Senate. There is no consequence other than the stigma of the censure itself. It's like tsk, tsk (ph) officially.

All it requires is a majority vote of the House or Senate. Various public officials have been censured over the years but only one president, Andrew Jackson in 1834 has ever been censured. So, it is a significant step if it happens.

There are political considerations both ways here. Are the Republicans likely to formally censure the leader of their party, the president of the United States? No, but it may give an off ramp if some members feel like they need to say, well, what he did was bad, maybe not impeachable, but bad. F

For Democrats, it may feel like a hollow sort of consolation prize if the Senate acquits. On the other hand, it may be sort of seen as the second best but still better than nothing type of outcome.

CABRERA: And what are you top questions for impeachment this week?

HONIG: Again, it's so hard to limit it to three. I've got about a dozen. Are we going to see articles of impeachment in the House Judiciary Committee? I think we will see those this week. If they vote on it, that will set the stage for the full House to officially impeach next week.

Number two, are they going to include this Mueller article of impeachment? It really feels like a 50-50 toss up right now as with so many things. I think Nancy Pelosi will have the final say.

And third, with all that's going on with impeachment, let's not forget, tomorrow we will see the Department of Justice Inspector General's report on the origins of the Russia investigation. That in itself, it has nothing to do with Ukraine, but that in itself so important, it will be politically charged. It may answer questions. It may raise even more questions. CABRERA: No doubt about it. And you will be sleeping very little this

week ar at least to the next --

HONIG: I'm ready to go. I'm ready to go.

CABRERA: Are you a Mountain Dew or a coffee kind of guy?

HONIG: Straight coffee, black.

CABRERA: Black, okay. If you want, we'll send some your way.

HONIG: Thanks.

CABRERA: Elie Honig, always good to have you and we're so lucky to have your legal mind with us. Of course, you can submit your questions on to Elie on "Cross-Exam" on CNN Opinion. That's of course where you can find his column.

Okay, we're staying on top of several major developments also today in the deadly shooting at the naval air station in Pensacola, Florida. The FBI is investigating it as an act of terrorism. New details on the gunman and the victims when we return live in the "CNN Newsroom."

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[17:50:00]

CABRERA: Here's your feel good segment of the day. Let's talk about everyday people doing extraordinary things in an effort to change the world. That's what makes a CNN Hero. And tonight, prepare to be inspired. CNN's annual all star tribute will recognize those who are giving back and one person will be named the CNN Hero of the year.

CNN's Miguel Marquez is on the red carpet here in New York where things are just starting to get underway. Miguel, fill us in on what we should we watch for tonight?

MIGUEL MARQUEZ, CNN NATIONAL CORRESPONDENT: You know, when you said that this was the night, the feel-good segment, I thought you were referring to me. This is -- it is --

CABRERA: I always feel good when I see you.

MARQUEZ: -- absolutely stunning to be here in this gorgeous museum. Perfect. Thank you very much. The Natural History Museum, CNN is transforming this space and it is absolutely spectacular to be in here. It is gorgeous to watch on television as well.

The 10 heroes that we have, thousands of submissions throughout the year made to CNN. CNN selects a handful of them and the 10 you will see tonight. Those are individuals that a panel has chosen to represent these heroes.

And as you said, ordinary people doing extraordinary things, from the environment to animal welfare to human welfare, from children, from girls in Africa to ex-convicts and the needs that they have, to people who have survived fires in California and the needs they have.

[17:54:58]

So, it's going to be an incredible night to see work that people -- just selflessly, they do this work, friends of theirs, then put in their names and fill out a submission form. CNN selects from many thousands of them and they are whittled down to those that we will see tonight and then a hero of the year will be named.

But before it even gets going, all of these individuals are absolutely incredible. The work that they are doing around the world deserves as much recognition as they can get.

And most of these people are so humble that when you talk to them about being a hero it's almost embarrassing to them. So, it will be interesting to see how they handle the spotlight because many of them are not accustomed to the spotlight. And it will be incredibly interesting to see who ends up as CNN's Hero of the year, Ana.

CABRERA: They're all so deserving. Miguel Marquez, working the red carpet for us. Do you feel good, Miguel, because you look good tonight?

MARQUEZ: Thank you very much. I feel great, beautiful Sunday afternoon in New York City and what better way to end it off than here in this gorgeous room, in this gorgeous museum.

CABRERA: No doubt about it. We'll check back. Thank you, sir. Don't forget to join Anderson Cooper and Kelly Ripa live as they name the 2019 CNN Hero of the year, "CNN Heroes: An All -Star Trbute" tonight at 8:00 right here on CNN. We'll be right back.

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[17:59:59]

CABRERA: You are live in the CNN NEWSROOM. I'm Ana Cabrera in New York. Great to have you with us.