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Biden And Trump Face Off In First Presidential Debate Tomorrow; Democrats Prepare For Trump To Disrupt The Election; Ethical Questions Being Raised Over Upcoming Pompeo Appearance At Florida Christian Group Event. Aired 12:30-1p ET

Aired September 28, 2020 - 12:30   ET

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

[12:30:00]

PHIL MATTINGLY, CNN CONGRESSIONAL CORRESPONDENT: Before the election, with all signs right now pointing to, at least according to Republicans that I'm speaking to, she will be confirmed during that week.

And I think one thing to keep in mind here, a lot of people are wondering, OK, how could this move so quickly? How, when you looked at past Supreme Court nominees, that they already have the votes lined up? And I think when you talk to Republicans here on Capitol Hill, one thing to note, a lot of Senate Republicans were lobbying the White House for Amy Coney Barrett's nomination.

A lot of the concerns that perhaps past nominees had to deal with on issues of abortion, on issues of health care, or on issues of moderate Republicans and where they would land, moderate Republicans, at least the two primary ones, Lisa Murkowski, and Susan Collins have already said they're not on board with this vote. And Mitch McConnell, the Senate Majority Leader still has a majority. So everything right now is pointing to the remaining 51 Republicans being on board with this. And everything is also pointing to the fact that Democrats don't really have any options to block the nomination. They have options to slow it down, they have procedural tools that they can try and play to make it more difficult, more complicated.

But I think it's important, John, pay attention to what Democrats are saying and doing right now. They are obviously upset with past president. They're obviously upset that this nominee is being considered at all right now. But they have very quickly shifted their focus to the actual policy issues. They want to talk about health care. They want to talk about Roe versus Wade. They want to talk about issues that they believe will be politically advantageous, because they know they can't necessarily stop this so long as Republicans don't break.

So, focus on that, keep an eye on those things going forward. John, if you looked at the 40, 40 plus Democratic statements that came out after Amy Coney Barrett was nominated, every single one of them about health care, same with Senate Democratic Leader Chuck Schumer. Those are the battle lines right now. But right now, it'll be quick. And right now, Amy Coney Barrett certainly is on track to be confirmed before the election, John.

JOHN KING, CNN HOST: It is remarkable pace. But you can understand the basic power play to this, Republicans have the power and they are going to use it before they might lose it. Phil Mattingly, appreciate this important reporting on Capitol Hill.

And tomorrow, President Trump and Joe Biden share the stage for the first presidential debate, the pandemic, the economy, and of course, the Supreme Court nomination fight we just talked about all front and center. Now of course, the President's taxes also likely to be a hot topic. Our correspondent, Jessica Dean, joins us now from the debate hall. I am very envious.

JESSICA DEAN, CNN WASHINGTON CORRESPONDENT: Yes. Well, it's good to see you, John. You notice I'm wearing a mask inside the debate hall. Those are the rules very strict, COVID related rules in place here in Cleveland. I'll get to those in just a moment.

But first, let's talk about the two people we're going to see on that stage behind me tomorrow night. President Trump has said that he's not really taking part in real formal preparations for this debate, releasing his press conferences as a preparation. When pressed on that yesterday, he said Chris Christie, Rudy Giuliani playing the role of Biden kind of helping him out in that way and advising him but no formal, full blown mock debates or anything like that, that we've heard of so far from the Trump campaign.

And also to, remember, we're hearing kind of different things from the Trump campaign and the President. The President has been lowering the bar for Joe Biden, the campaign trying to raise it as we head into tomorrow night. On the other side, former Vice President Joe Biden, who has no public events today and has no virtual events today in full blown debate preparation mode right now.

We're told he is going through some mock debates. He's also just having aides pepper him with questions and kind of rapid fire. They believe the Biden campaign that Trump will be pretty unpredictable on the stage tomorrow, their key thing that they want to focus in on, that they want Biden to continue to come back to is what we've heard him talking about on the campaign trail time and time again, which is the President's response to the COVID-19 pandemic.

And that they believe that his lack of response and his bungling of that response has led us to both the public health crisis and an economic crisis. So anticipate hearing the former Vice President coming back to that time and time again. And quickly before I go back to you, John, in terms of the debate itself, I'm wearing a mask. Everyone in here will be COVID tested. Typically, we would have about 900 people on average inside. We're told it'll be about 60 to 70 and no handshake between Trump and Biden due to COVID as well, John.

KING: That's another remarkable slice of our new normal. Jessica Dean, appreciate court reporting from the debate hall in Cleveland, obviously a very big night tomorrow night.

[12:34:13] Up next for us, the global coronavirus headlines including Russia taking a new step with its coronavirus vaccine.

(COMMERCIAL BREAK)

KING: Russia sending its Sputnik V coronavirus vaccine to Belarus right now for human trials in a pair of clinics. Belarus, of course, where the Russian backed government is jailing and expelling political opponents. It will now be the first country to take part in human trials for that Russian vaccine, more of the global headlines now from our CNN correspondents around the world.

(BEGIN VIDEOTAPE)

MELISSA BELL, CNN CORRESPONDENT: I'm Melissa Bell in Paris where fresh regulations come into force today here but also in 10 other French cities. Bars will have to close at 10:00 p.m., social gatherings have been limited further still, and gyms have been toast as well. This is the French try to take on those COVID-19 figures that continue to worsen and particularly on a national level.

When you look at the number of people in intensive care, that figure has nearly tripled over the course of the month of September. The city worst hit down in the south, Marseille, the figure for the number of people in ICUs there has more than tripled over the course of September. And the regulations being introduced there are even tighter, bars and restaurants being made to close for at least a week entirely. A great deal of pushback on that, a great deal of unhappiness from business leaders from local mayors worried about what is the fragile recovery of the country so far. And yet, it is authority say all about ensuring that the health system once again can cope with those rising figures.

[12:40:07]

VEDIKA SUD, CNN REPORTER: I'm Vedika Sud in New Delhi. India surpassed over 6 million confirmed cases of COVID-19 on Monday morning. The country has the second highest number of confirmed cases of the virus after the U.S. Over a million cases have been recorded in just 12 days.

Also, it's taken the country just two months to report over 5 million cases of COVID-19. India has the third highest death toll with over 95,500 fatalities reported. Ever since September 2nd, India has been reporting over 1,000 deaths a day. One reason for a surge in India's COVID-19 caseload is aggressive testing.

Over 71 million samples have been tested for COVID-19 as of Sunday, according to India's health ministry, the country has reported more recoveries than active cases on Monday. The western state of Maharashtra has reported over million cases of COVID-19 and southern states Andhra Pradesh, Tamil Nadu, and Karnataka remain severely affected.

MATT RIVERS, CNN CORRESPONDENT: I'm Matt Rivers in Mexico City where on Sunday night Mexico's deputy health minister said that it might be years before the actual death toll from this virus is truly known here in Mexico. The reason for that he said is the different methods being used to classify each mortality, the overall death toll in Mexico is now more than 76,000 and counting that's good enough for fourth highest in the world.

And when it comes to fighting this virus, it's easier for some than others here in Mexico City. The government obviously always says wash your hands constantly. But this is a city where roughly 20 percent of the residents here don't have access to water every single day. We went to a poor neighborhood in Mexico City last week. We spoke to one 26-year-old who lives in a house without running water with her 12 relatives. She said in some parts of the city they have water we don't, washing hands constantly is simply not an option.

(END VIDEOTAPE)

KING: Up next for us how Democrats are preparing for potential election dispute challenge from the President.

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[12:46:50]

KING: President Trump claims repeatedly a rigged election is the only way he could possibly lose. And he has refused in recent days to guarantee a peaceful transition. If he does lose and does not recognize himself the results that has Democrats worried the President will try to mobilize the federal government to help him win or to hold power.

Also has the Democrats scrambling to have a post-election counter attack necessarily ready if needed. CNN's Kristen Holmes joins us with that reporting. I guess it's a good time to be an election lawyer.

KRISTEN HOLMES, CNN NATIONAL CORRESPONDENT: Yes, certainly, John. There are a lot of positions open because we have learned that Democrats on the Biden campaign are building an enormous legal apparatus to deal with a wide range of scenarios. And scenarios that in previous elections in previous years would seem so incredibly farfetched and still sort of seem improbable. But given President Trump's rhetoric, everyone wants to be prepared for any scenario and talking about the potential of deploying federal law enforcement agents to the polls.

That's something President Trump has suggested doing as well as this idea that President Trump may decide that he is the winner or declare victory on Election Day when there are still millions of mail-in ballots to be counted. And it's not just the legal side, the behind the scenes workings that's thinking about these potential scenarios. We also know that last night Speaker Pelosi sent a message to all of her members asking them to prepare to focus on state delegations in case there was a contested election. That is a scenario that hasn't happened in more than a century. But it gives you this idea of where everyone's head is that no one really knows what to expect as we get closer and closer to November and continue to hear these lines from President Trump. KING: It is a remarkable moment. We will see the team they build. Kristen Holmes, appreciate the reporting there and it's becoming difficult challenge as we get closer to the election. We'll circle back with you.

[12:48:39]

When we come back, Mike Pompeo, traveling the country looks very much like a future political candidate for Secretary of State. That's odd. Is it unethical?

(COMMERCIAL BREAK)

KING: The Secretary of State Mike Pompeo slated to speak at a gala event for a conservative Christian organization in Florida. That appearance scheduled just weeks before the November election. An appearance some say may violate legal and ethical guidelines.

A table sponsorship at the event is going for $10,000, that $10,000 includes a personal visit with the Secretary of State. Pompeo has made numerous appearances that are raising questions over whether he's overstepping his role as the country's top diplomat. Historically secretaries of state have largely avoided the domestic political fray. You'll recall Secretary Pompeo also spoke to the Republican National Convention, that also unusual.

(BEGIN VIDEO CLIP)

MIKE POMPEO, U.S. SECRETARY OF STATE: I'm Mike Pompeo. I'm speaking to you from beautiful Jerusalem, looking out over the Old City. I have a big job as Susan's husband and Nick's dad, Susan and Nick are more safe and their freedoms more secure because President Trump has put his America First vision into action. It may not have made him popular in every foreign capital, but it's worked.

(END VIDEO CLIP)

KING: Let's talk this over Don Fox is the former general counsel, acting director of the U.S. Office of Government Ethics. Kylie Atwood, a CNN national security correspondent. Kylie, I want to start with you. We've talked about this a couple times before. If you look at the secretary's schedule, at times, he looks very much like this is about Pompeo 2024 not the United States position in the world.

KYLIE ATWOOD, CNN NATIONAL SECURITY CORRESPONDENT: Yes. That's right, John. I mean, if you look at the events that Secretary of State Mike Pompeo has engaged in, over the last number of months either in his official capacity as Secretary of State or in his personal capacity as Mike Pompeo albeit lifelong Republican, Mike Pompeo. They seem to be connected to Republican politics either formally or they create the appearance of being really connected.

[12:55:12]

So let's flick through some of those, as you said, he did deliver a speech to the Republican National Convention from Tel Aviv. Now, he did that in his personal capacity, but he was on official travel as Secretary of State Mike Pompeo traveling on taxpayer dollars when he recorded that speech. Another thing that he did in recent weeks is he delivered a speech at a mega church in Texas. Now, of course, he did that as his official capacity as Secretary Pompeo. But it's clearly a place that can be perceived as somewhere that he would want to pick up a key constituency of for Republican politics, conservative Christians.

Another thing that he did just last week was he traveled to Wisconsin. Now he was there, the State Department said to give an important policy speech. But the thing here is that Wisconsin is a battleground state. It's somewhere that President Trump and Vice President Biden have battled out over the last few weeks. And Pompeo also traveled with Reince Priebus, he's the former chair of the Republican group that is in Wisconsin. He is deeply connected to partisan politics.

And then just this week, he's going to be delivering a speech at the Holy See Symposium on advancing religious freedom that is in Rome. And then next week, as you said, he's going to be delivering a gala event, a keynote speech at a conservative Republican Christian group in Florida, that's the Florida Family Policy Council. And as you said, there's a price tag on those who are going to pay extra to spend time at that event with Mike Pompeo.

KING: And so Don Fox, this is an administration where we're often using words like unusual or outside of the norms, what is unusual, and what is unethical, what is allowed, but maybe it's gray area, and what is not allowed by rules?

DON FOX, FORMER DIRECTOR, UNITED STATES OFFICE OF GOVERNMENT ETHICS: Well, John, you're right, three and a half years ago, this might have been shocking. But sadly, as we've adjusted to a lot of new normals over the last few years, this is just par for the course. So it doesn't take an ethics expert, I think to realize that buying access to the senior member of the president's cabinet for $10,000 is corrupt.

In this case, it also happens to violate federal ethics regulations, which provide that no federal employee and the executive branch can use their office for the benefit of somebody else personally, or to benefit their business, or for their not for profit. And that's exactly what this is, is Secretary Pompeo by letting them buy access to him to benefit this evangelical organization.

KING: So Don, let me stay with you then, if you say it crosses the line, what is the agency, the United States government that should be doing something about it, either stopping it or penalizing it?

FOX: Well, that's a tough one, John, because ultimately, it's the person's supervisor who violates ethics rule to take some action against them. So if this were another administration, and you had the secretary of state or another senior member of the President's Cabinet, who were crossing an ethical line, and they had been advised by their ethics advisors that it crossed that line, you would have a White House Chief of Staff or ultimately the President of the United States telling them to knock it off. But I think we know that's not going to happen here.

KING: So Kylie, what will happen here and we've watched the Secretary, he bristles when he's asked about these things, there have been inspector general investigations into Susan Pompeo setting aid, State Department aids to do personal errands and the like, he tends to just shrug off, wave off or just shove off the questions.

ATWOOD: Yes, that's right. He often says, you know, this is kind of bogus, a talk in Washington, that is casting me as a politician, but I am really representing the American people. He's traveled to places like Iowa and said, he's going there, because he wants to talk to Iowans about what he's doing as a Secretary of State in terms of foreign policy on their behalf.

But of course, as we all know, John, Iowa is a very consequential state when it comes to presidential politics. Now, there are investigations, as you mentioned, going on into his activities. The first is the State Department Inspector General, they are looking into his potential misuse, along with his wife of State Department resources, we really don't know when the results of that are going to come out. It's ongoing. And then we have members of Congress, particularly Democrats, who just announced last week that they are going to be opening investigation into his speech before the Republican National Convention. So we've got a lot of folks who are looking into this. It's hard to see when those results will come to fruition, but it's something that will keep a close eye on.

KING: We will keep a close eye on it. If anything, transparency is the key to all of challenges like this. Don Fox, Kylie Atwood, very much appreciate the reporting and the insights. And again, we will stay on top of this.

Thanks so much for joining us today. Hope to see you back here this time tomorrow. Remember tomorrow, five weeks to Election Day and it is debate night. Thanks for joining us today. Brianna Keilar picks our coverage right now. Have a good day.

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