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Experts Warn of Resurgence as Global Cases Top 38 Million; Trump Take Late Campaign Blitz to Pennsylvania; U.S. President Attacks Dr. Fauci Over Rally Criticism; Biden Makes Pitch to Senior Citizens in Florida; Barrett Dodges Questions on Hot-Button Issues; Long Waits Reported for Early Voting in Some States; Biden Leads in Six Swing State Trump Won in 2016. Aired 4-4:30a ET

Aired October 14, 2020 - 04:00   ET

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

[04:00:00]

ROSEMARY CHURCH, CNN ANCHOR: Hello and welcome to our viewers joining us here in the United States and all around the world, you are watching CNN NEWSROOM and I'm Rosemary Church.

Just ahead, as the pandemic rages on, Joe Biden and Donald Trump are both out campaigning, though in very different ways as they head into the final stretch before election day.

Also ahead -- Democratic Senators grill Donald Trump's Supreme Court nominee on key issues, but Amy Coney Barrett did a lot of bobbing and weaving.

And millions of Americans are voting early, but some are already experiencing extremely long waits and lines.

Good to have you with us. Well, rising cases in dozens of states, a growing test positivity rate and cold weather in the forecast for months. Experts say the fall and winter surge they've been warning about is here.

Take a look at this graphic. The states in red and orange have seen more new coronavirus cases this week than last. That is according to data from Johns Hopkins University. That's more than 30 states where caseloads are climbing fast. Meanwhile, another setback in the search for a treatment. Eli Lilly has had to pause its antibody treatment trial over safety concerns.

CNN's Erica Hill has the latest on the surge in cases and other COVID news from around the United States.

(BEGIN VIDEOTAPE)

ERICA HILL, CNN NATIONAL CORRESPONDENT (voice-over): More than seven months into this pandemic, the U.S. is sliding backwards.

DR. PETER HOTEZ, DEAN OF TROPICAL MEDICINE, BAYLOR COLLEGE OF MEDICINE: This is going to be a very tough winter. We may see a rise in new cases that exceeds what we saw back in March and April. HILL: Thirty-three states now seeing new cases rise over the past week. Nearly half of those also posting their highest seven-day averages for new cases since the pandemic began.

DR. ROCHELLE WALENSKY, CNN MEDICAL ANALYST: Now is the time to act. Now is the time to do something about it.

HILL: COVID-related hospitalizations at record highs in five states. Positivity rates which ideally should be at 3 percent or less are climbing.

DR. ANTHONY FAUCI, DIRECTOR, U.S. NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES: We're starting to see a number of states well above that which is often and in fact, the variable and highly predictive resurgence of cases.

HILL: In New York, hefty fines and tickets as the city tries to contain clusters by enforcing masks, limiting gatherings and closing nonessential businesses.

MAYOR BILL DE BLASIO (D), NEW YORK CITY: We are now in day four of the pause in those areas and we are seeing some results.

HILL: It's not just New York clamping down, across much of Europe restrictions are returning as new cases and anxiety grow.

UNIDENTIFIED MALE: Each of the last four days has been the highest number of cases recorded so far.

HILL: Eli Lily pausing its trial of an antibody treatment today. One touted by the President. Telling CNN safety of the utmost importance, without offering specifics.

Johnson & Johnson just paused phase three of its vaccine trial because of an unexpected illness in one of the volunteers.

HOTEZ: To me, it's reassuring that companies are acting responsibly and pausing when they need to.

HILL: AstraZeneca's U.S. trials remain on hold pending an FDA investigation.

Meantime, in Dallas, a big moment for Major League Baseball.

UNIDENTIFIED MALE: This is amazing.

HILL: Spectators, more than 11,000 allowed in for game one of the NLCS.

FREDDIE FREEMAN, ATLANTA BRAVES FIRST BASEMAN: It's just great to have baseball fans in the stands again.

HILL: The Philadelphia Eagles will welcome a limited number of fans to the stadium this Sunday.

(on camera): While there are some bright spots when it comes to major league sports here in New York City, the New York Philharmonic is canceling its entire season for the first time in its 178-year history. The president and CEO calling the situation dreadful.

In New York, I'm Erica Hill, CNN.

(END VIDEOTAPE)

CHURCH: With less than three weeks to go before the U.S. election, President Donald Trump is wasting no time getting back on the campaign trail. His latest rally coming Tuesday in the battleground state of Pennsylvania. The event featured few masks and little physical distancing in a state where new COVID cases are said to be up 63 percent in the past months.

The President told supporters he feels great now following his recent last bout with the virus. And praised his doctors and medical treatment.

[04:05:00]

Meanwhile, Democratic nominee Joe Biden who continues to lead Mr. Trump in national polls spent Tuesday courting senior citizens in Florida. Former President Barack Obama will hit the campaign trail on Biden's behalf starting next week.

CNN's Jeremy Diamond is following President Trump's campaign blitz and explains why Pennsylvania is now a top priority.

(BEGIN VIDEOTAPE)

JEREMY DIAMOND, CNN WHITE HOUSE CORRESPONDENT (voice-over): President Trump back on the road later tonight kicking off a three-week sprint to election day in battleground Pennsylvania. Which could be the tipping point in the presidential rate.

It's his sixth visit to the state since last month and a campaign source telling CNN the President plans to campaign here more than any other swing state before election day. Trump will head to Iowa, North Carolina, Florida, and Georgia, all states he won in 2016 but where he's now trailing or neck in neck with former Vice President Joe Biden.

As Trump rushes to revive his campaign, he's also flailing on Twitter claiming Republicans will provide low cost health care and always protect people with pre-existing conditions. Even though he still hasn't unveiled a plan to do that. And he is seizing on small scale postal crime to falsely claim the 2020 election will be rigged. Fresh off his coronavirus recovery.

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: Now they say I'm immune.

DIAMOND: Trump is back to spreading misinformation about the pandemic claiming he's immune despite cases of people getting re-infected.

TRUMP: I feel so powerful. I'll walk into that audience. I'll walk in there. I'll kiss everyone in that audience. DIAMOND: And mocking social distancing measures at Biden campaign

events.

TRUMP: 30 people show up, they put them in those crazy circles, right?

DIAMOND: After Dr. Anthony Fauci gave this warning on "THE LEAD" about Trump's packed, mostly mask-less rallies.

FAUCI: We know that that is asking for trouble when you do that.

DIAMOND: Trump lashing out, tweeting -- Tony's pitching arm is far more accurate than his prognostications.

Referring to Fauci's first pitch at a Washington Nationals game, and his initial recommendation that masks were unnecessary and could cause shortages for health care workers. But Fauci and the CDC have been imploring Americans to wear masks and practice social distancing since April.

FAUCI: We should be doubling down and implementing the public health measures that we've been talking about for so long, which are keeping a distance, no crowds, wearing masks, washing hands, doing things outside.

DIAMOND (on camera): And once again on Tuesday during the President's rally here in Johnstown, Pennsylvania, he was rallying thousands of people, no social distancing, very few masks in the audience. And the President plans to return to this battleground state of Pennsylvania repeatedly. A Trump campaign source telling me that the President will return to Pennsylvania more times than any other battleground state in the three weeks between now and election day.

Jeremy Diamond, CNN, Johnstown, Pennsylvania.

(END VIDEOTAPE)

CHURCH: And as we reported a short time ago, Joe Biden is reaching out to senior voters in the battleground state of Florida. CNN's Jeff Zeleny explains why this group is so important to a Biden victory.

JEFF ZELENY, CNN SENIOR WASHINGTON CORRESPONDENT: Three weeks before election day Joe Biden campaigning in critical Florida, trying to improve his standing among senior voters with President Donald Trump. Joe Biden has been leading the way against the President for months, now he is extending that lead among the critical senior voters. It is because of the President's handling of coronavirus.

Now as the former vice president made the first speech here in Florida, he specifically talked about the President's own diagnosis and handling of his illness.

JOE BIDEN, U.S. DEMOCRATIC PRESIDENTIAL NOMINEE: I prayed for his recovery when he got COVID. I had hoped at least he would come out of it somewhat chasten. But what has he done? He has just doubled down on the misinformation he did before and making it worse. ZELENY: Biden, extending his pitch to seniors on Social Security saying he will preserve that entitlement for older Americans. This is a critical electoral bloc here in Florida and indeed around the country. And Joe Biden is leading the way among seniors. This is a group that Donald Trump won four years ago.

No question Florida is one of the most important states in the country, President Trump of course campaigned on Monday, he's coming back to the state on Friday. Joe Biden talking about why these 29 electoral votes are so key.

BIDEN: Here in Florida you can determine and outcome of this election. We win Florida and it's all over.

ZELENY: And Joe Biden may also be getting an assist from former President Barack Obama on the campaign trail. We are told that the former president will be joining this Democratic race next week for the first-time campaigning in early voting states, particularly going after African American voters, Latino voters, and young voters.

[04:10:00]

They are trying to get those voters in particular to vote for Joe Biden. And we could also see in the final days of this race that old pair back together again on the campaign trail campaigning side by side, Biden and Obama.

Jeff Zeleny, CNN, West Palm Beach, Florida.

(END VIDEOTAPE)

CHURCH: President Trump's nominee for the U.S. Supreme Court has wrapped up her second day of hearings before the Senate Judiciary Committee. Amy Coney Barrett was grilled on hot button issues including health care, abortion and a potential election related case. But the judge provided mostly vague answers when asked to elaborate on her legal views. Instead she insisted she would have no political agenda when ruling on issues like the Affordable Care Act.

(BEGIN VIDEO CLIP)

AMY CONEY BARRETT, U.S. SUPREME COURT NOMINEE: I have the integrity to act consistently with my oath and apply the law as the law. To approach the ACA in every other statute without bias and I have not made any commitments or deals or anything like that. I am not here on a mission to destroy the Affordable Care Act. I'm just here to apply the law and adhere to the rule of law.

(END VIDEO CLIP)

CHURCH: Barrett will face more questions from Senators in the coming hours. Her confirmation is all but guaranteed and would cement a conservative majority on the high court.

Joining us now is CNN legal analyst and former assistant U.S. attorney for the Southern District of New York state, Elie Honig. Good to have you with us.

ELIE HONIG, CNN LEGAL ANALYST: Thanks for having me, Rosemary.

CHURCH: So, Judge Amy Coney Barrett refused to say how she would rule on upcoming case like the Affordable Care Act and abortion rights, same sex marriage, gun rights. She just said no one ever talked about any case with her before the nomination. What did you make of her answers to these questions about how she might rule on contentious issue?

HONIG: Yes, so today we saw a sort of, I guess, frustrating dance where the Democrats were trying to get her to give some indication of where she might be leaning on these cases, or what her overall judicial philosophy is and she really gave them next to nothing to go on.

I thought that was a really memorable moment when Amy Coney Barrett held up her note pad and it was blank. And I think both sides saw that their own way. The Republicans saw that as well, look at the mastery she's demonstrating. She doesn't even need notes or talking points.

I think Democrats took that moment as sort of symbolic of the fact that she really offered almost nothing in the way of substance today. I think you have to read between the lines a little bit as to what she was and was not willing to say.

And a key thing was this argument about precedent. Under what circumstances will you change an existing decision, Roe versus Wade, of course, being the most important one of those.

CHURCH: Right. And Judge Barrett wouldn't answer the question put to her about how she would rule if President Trump tried to delay the election. Why would she not answer that directly given its pretty clear cut, or recuse herself from any election-related case?

HONIG: Yes, it's a good question. When she was asked does the president have the power to delay the election? The answer should have just been straight up n-o, no. Our Constitution is clear, only Congress has that power. It's not going to happen we're three weeks away.

There's another question that you talk about, if there is an election- related case, a dispute, a Biden versus Trump which could happen, we don't know, will she recuse herself because President Trump publicly, essentially said we need to get or through, we need nine justices in case there's an election dispute. Only Amy Coney Barrett can make that decision for herself. Nobody can force her to recuse. I think it's pretty clear she will not recuse. But that decision is entirely up to the Supreme Court justice herself.

CHURCH: Yes, and there is an inevitability about all of this, isn't there? So, what do you expect to come out of the third day of confirmation hearings for Judge Barrett getting underway in just a few hours from now? And what will you be looking for?

HONIG: I think we'll see a continuation of really, two fights -- two sides fighting different battles. On the one hand, the Republicans just want to just get this done. They want to get Amy Coney Barrett confirmed. They want to get a robe on her before election day. Because if and when they do, and they will, there will be a six to three conservative majority in the Supreme Court that could last for many years.

I think the Democrats are playing a different game. I think they understand they can't stop this nomination. It's just math. The Republicans have the majority. I think Democrats are making a pitch here to voters, they are really focusing on the Affordable Care Act, not even in a legal way, but in a visceral emotional way.

We saw today photographs of people who rely on health insurance. And I think Democrats are really making their pitch to voters who are watching. I would expect that to continue in day two of the questioning of Judge Barrett.

[04:15:00]

CHURCH: Right. Elie Honig, thank you so much. We appreciate your legal analysis on all of this.

HONIG: Thanks, Rosemary. My pleasure.

CHURCH: Record crowds are turning out for early voting in some parts of the U.S., but the process isn't always going smoothly.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Everybody's come out to vote here. Lines around the corner.

(END VIDEO CLIP)

CHURCH: Ahead, a look at some of the long lines and long waiting times for early voters. We're back with that in just a moment.

(COMMERCIAL BREAK)

CHURCH: The U.S. attorney who was tapped to investigate instances of so-called unmasking around the 2016 U.S. election has reportedly completed his probe without bringing any criminal charges. According to "The Washington Post" U.S. Attorney General William Barr had appointed prosecutor John Bash to review whether Obama era officials improperly requested the identities of people whose names had been redacted in intelligence documents. But Bash who resigned from the Justice Department last week has concluded there was no substantive wrongdoing.

Well, the U.S. Supreme Court is allowing the Trump administration to halt the census count.

[04:20:00]

The decision will stand while an appeal plays out in lower courts. At issue is whether the administration's decision to shorten the census count by more than a month should be permitted. The Trump administration said the revised deadline is necessary to give the Commerce Department enough time to meet a December deadline to report final numbers. Justice Sonia Sotomayor dissented from the order raising concerns a shorter timeline would produce inaccurate results.

Well, 2020 looks to be a record-breaking year for early voting in the U.S. but the process isn't always going smoothly. There are reports of mechanical problems, long lines and long waits. CNN's Pamela Brown has more.

(BEGIN VIDEOTAPE)

PAMELA BROWN, CNN SENIOR WHITE HOUSE CORRESPONDENT (voice over): Another state, another day of hours and long lines and some mishaps as voters go to the polls. This time, Texas.

UNIDENTIFIED FEMALE: Everybody has come out to vote here. Lines around the corner.

BROWN: Across the Lone Star State, Houston, Ft. Hood, South Austin, all with long lines as voters take advantage of the start of early voting.

UNIDENTIFIED FEMALE: Yes, I just came out I would say about 2 1/2 hours.

BROWN: In Harris County, early voters hoping to use drive-through voting are facing similar delays.

And Travis County where a whapping 97 percent of the county's 850,000 eligible voters are registered to vote. Some voting machines weren't working.

After waking up to news of a late-night ruling upholding Republican Governor Greg Abbott's directive for one ballot drop box per county in the state. A major issue for densely populated counties where voters could spend more than an hour driving just to cast their vote.

CHRIS HOLLINS, HARRIS COUNTY CLERK: More than 50 miles in some cases to drop off their mail ballot. It's unfair. It's prejudicial and it's dangerous.

BROWN: It comes a day after a similar start in Georgia where voters waited for hours to vote. In Gwinnett County, some voters waiting in line for up to eight hours.

UNIDENTIFIED MALE: I want to be out here to be able to share my voice.

BROWN: And Georgia is setting an early voting record with nearly 127,000 ballots cast. Some of the more than 1.5 million case nationwide. More voters, more long lines.

UNIDENTIFIED MALE: How many people sacrificed before, so it's almost spit in their face if we don't take the time to show our kids, that they have this right and it's best used as early as possible.

BROWN: But voting rights advocates say it's not OK to make people wait like this.

HAROLD FRANKLIN, BOARD CHAIR, SOUTHEAST REGION, LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW, ATLANTA: There have been problems with poll pads, with ballot access cards, with, obviously, social distancing and it just taking a lot longer to process through lines.

BROWN: In Virginia, the last day of voter registration saw the state's online registration system was down for several hours due to an IT cable that was accidently severed. Prompting calls from some state leaders to extend the registration deadline.

Meanwhile in California unofficial ballot drop boxes potentially illegal in the state as the state's Democratic Secretary of State and the Department of Justice are sending a cease and desist order to the California Republican Party to remove them in at least three counties.

ALEX PADILLA, CALIFORNIA SECRETARY OF STATE: This is wrong no matter who is doing it. It's not just the security of the ballot that's in question here. It is, you know, the transparency, voter confidence.

BROWN: The state Republican Party spokesman telling CNN he believes the boxes are similar to giving the ballot to a family member to drop off which is legal in California.

While in New York, the city's police commissioner informed all uniform servicemembers to be prepared for deployment starting October 25. Citing the possibility of protests before and after the 2020 presidential election, according to an internal memo obtained by CNN.

Pamela Brown, CNN, Washington.

(END VIDEOTAPE)

CHURCH: Joining us now is CNN's senior writer and political analyst, Harry Enten. Great to see you, Harry.

HARRY ENTEN, CNN SENIOR POLITICAL WRITER AND ANALYST: My pleasure to be with you.

CHURCH: So, early voting shows people waiting up to eight hours to cast their ballot. Certainly, in Georgia, some Democrats still nervous though about a repeat of 2016 despite Donald Trump trailing his rival Joe Biden. What are the polls telling you?

ENTEN: Yes, I mean, look, I hear this 2016 comparison an awful lot, and you know, Hillary Clinton was in the lead at this particular point in the 2016 campaign, but her lead looks nothing like what Joe Biden looks like right now. Joe Biden is ahead by 11 points. Hillary Clinton was ahead by just six.

But more than, Joe Biden has been consistently above 50 percent, while Hillary Clinton never reach that 50 percent threshold at this point in the campaign. So even if Donald Trump wins all the undecided voters Joe Biden would still be ahead.

[04:25:00] That's very different than it was four years ago where Trump won a lot of those late deciding voters and they were the ones who helped put him over the top.

CHURCH: Right. So national polls of course are one thing. It's the Electoral College that decides this. What do polls in battleground states indicate in terms of shifts in voting groups?

ENTEN: Yes, you know, I took a look at the six closest states that Donald Trump won four years ago. And take a look at these states now and what you see is you see Joe Biden is ahead not in one of them, not in two, but in all six of those states he is ahead. And in states like Michigan, Wisconsin and Pennsylvania, he holds significant 8, 9-point leads. And the fact of the matter is Joe Biden wins that the states Hillary Clinton won four years ago plus Michigan, Wisconsin, and Pennsylvania, that gets him over 270 electoral votes.

CHURCH: Do you think that will calm some of the Democrats' nerves? So, when you look at all these polls, it appears that Biden is doing very well. But Trump insists he has a path to victory. Do you see it?

ENTEN: I mean, look, we still have three weeks to go so we'll have to wait and see. But you know, another way of sort of getting at this is sort of the states that around the periphery, right? That the candidates might carry if they blow someone out.

And if you look at these states, the states that last time around Hillary Clinton won say, by three points or less, those are the states that Trump wants to reach and win. And you look at the Biden reaches the states that Trump won by 5 to 10 points in 2016, what do you see? And the states that are essentially the Trump reaches, Biden is well ahead on all of them by 7 to 15 points. While in the Biden reaches, Biden actually has nominal edges in three of those four states.

So, at this particular point, look, we're still three weeks to go, you know, I'll say that over and over again. Right now, Trump, if the election were held today, he might have a path, but it would be a very, very narrow path.

CHURCH: Right, and when voters watch President Trump hold these rallies with supporters' shoulder to shoulder, not wearing masks, interns many people off. And it can help his position, of course, when it comes to trust. How and how he's been handling this pandemic but what are the numbers show on that? What do they reveal?

ENTEN: Right, you know, about I'm not a doctor but I am somewhat of a polling expert. And from a poll standpoint, I don't know what the heck the President is doing. Because when you look at who is more trusted to handle the coronavirus at this particular point, Joe Biden has an overwhelming advantage over the President of the United States. 59 percent to 38 percent our last CNN poll. And part of the reason why he has that large advantage is because they don't like what Trump is doing. They think he's irresponsible. And the events that he's been holding over the last few days merely reinforces that fact.

CHURCH: Harry Enten, always a pleasure to chat with you. Many thanks. ENTEN: Thank you.

CHURCH: Well, many countries that had once lifted coronavirus restrictions are now considering going back to stricter measures. The coronavirus is resurging across the northern hemisphere. Our team will take a look at the global fight. That's next.