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Protester Shot by Kyle Rittenhouse Testifies; Biden Hosts NBA's Bucks After Their First Championship Win in 50 Years; January 6th Committee Issues 6 Subpoenas to Top Trump Associates. Aired 3:30-4p ET

Aired November 08, 2021 - 15:30   ET

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

[15:30:00]

PAUL WERTHEIMER, FOUNDER, CROWD MANAGEMENT STRATEGIES: Can you give me one minute to say something else. You talked about an investigation --

ALISYN CAMEROTA, CNN HOST: Very quickly.

WERTHEIMER: -- and the public's right to have a proper investigation. They're not going to get one here. You need a parallel independent investigation going on along with the police. I believe the police have shown prejudice towards the promoter, and I believe that Travis Scott is being set up as a scapegoat.

I'm not excusing what he did. I think he had a role. But he didn't have the other role. He didn't have the only role. Thank you.

VICTOR BLACKWELL, CNN HOST: All right.

CAMEROTA: Thanks.

BLACKWELL: We'll continue to have this conversation and bring you back. Paul, thank you so much.

WERTHEIMER: My pleasure.

BLACKWELL: All right, so a survivor of the Kyle Rittenhouse shooting takes the witness stand and tells his side of that night of chaos and gunfire. We are live at the courthouse. That's coming up next.

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JOE BIDEN, PRESIDENT OF THE UNITED STATES: It's an honor to host the 2021 NBA championship --

BLACKWELL: All right, we are now taking you to the White House where President Biden is hosting the 2021 NBA champion, the Milwaukee Bucks.

BIDEN: Congratulations to team owners, Mark and Wes and Jamie, and Mike and the two dear, dear friends, Ted and Mary Kellner. You won't believe it, but they're both responsible for my being here. Not a joke.

Excuse the point of personal privilege, we used to stand in the Senate, in 1972 I was a 29-year-old kid decided I was going to run for the United States Senate. I wasn't old enough, you had to be 30 to be Senator for real.

When I got elected, I had to wait 17 days to be eligible, and right at the very end, my sister managed my campaign, and my brother raised the money, he was 25. My sister, she used to be three years younger, she's now 20 years younger. At any rate, and we were doing well, we were catching up. No one expected us to have any shot at all, and everything was moving, we were actually catching up, after being down 56 to 28 at one point.

And we run out of money, and all of a sudden, they got a phone call on Tuesday saying that we don't have any money to keep any of our ads on TV or the radio. And so, I didn't know what to do. And I call from a guy named Ted Kellner, and four other people and they said come out to Greenville, we want to help you out.

They helped me out, they financed the end of my campaign, they were my friends before, and I'm indebted to them now. Well, thank you both, Ted and Mary. Thank you.

Now that I've ruined your reputation. And while he couldn't be here today, I also want to congratulate the team's previous owner, and dear friend of mine, a servant of the United States Senate, Herb Cole, one of the finest guys I served with, a man of significant honor.

And folks, congratulations to the staff and to the fans, and everyone here. To celebrate including the second gentleman, Doug, where are you, Doug? There's a man who's basketball fan. He's the second gentleman, he's a first-rate lawyer, and now he's the second gentleman, and I don't know where he has more power.

Most of all, congratulations to all the players. Now, I know you've got final, you know, you've gotten in the finals, the MVP player here, and I'd like to talk about it for just a minute. You know, we also got someone who earned the award that is just as important in my book. Donte, I'm honored to be with him tonight, and today, because in 2015, he was a Delaware high school boys' basketball player of the year.

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Donte grew up in Newark, Delaware, attended a high school. I still like him anyway, there's two competing high schools, Catholic high schools in Delaware, Archmere and Salesianum. Salesianum has five times as many boys and they beat us all the time.

But I still -- I still was the second highest scorer in football, anyway, you know. I don't know man, Donte, I still like you in spite of that fact. And so, and he won two state championships there, so he's used to this championship. Then he started in Villanova, and the Bidens are a sporting family, particularly, my wife Jill. Who is as she calls herself a Philly girl. She takes it up a notch. She knows a lot about the sport, and she never forgives anybody if they lose.

But you know, we went on to University of Delaware, Jill and I years apart. And then she went on to Villanova grad school and I went to Syracuse law school.

In 2016 we went to the final four to watch our teams play, and I watched Donte win his first of his two national titles at 'nova. Donte, we're all so proud of you back home, but I still like Syracuse.

And to all of the players, that's what you represent for so many people. Pride. Pride and decency. Just look at the enduring images during their finals. Thousands of fans, celebrating in the beer district and the Herb Cole way.

You know, you represented yourselves and your families, your organizations and a great American city by staying true to who you are. You did the work in the off season, and during the grueling regular season. And the playoffs down 0-2 against Brooklyn, and then to make it just to keep the owners and your coach and constant perspiring, you, on the finals, you're down 0-2 against Phoenix.

But you never gave up, I watched, it was amazing how you came back. You always believed and coach Bud, you got them to play as a team. You know, Giannis, 50 points. 50 points.

CAMEROTA: All right, you have been listening there to President Biden with the NBA, Milwaukee Bucks, and he certainly sounds very happy there.

BLACKWELL: He's got some stories to compliment.

CAMEROTA; He was in his element. He had a lot of stories.

BLACKWELL: Yes.

CAMEROTA: That seemed to be a high point of his day, amid all of the legislative wrangling.

BLACKWELL: Well, let's turn now to the trial against Kyle Rittenhouse. He's the armed teenager, charged with killing two people, injuring another during a protest last summer in Kenosha, Wisconsin. On the stand today, the lone survivor who was shot by Rittenhouse.

CAMEROTA: CNN's Shimon Prokupecz has been following this story for us. So, Shimon, what have we learned today?

SHIMON PROKUPECZ, CNN CRIME AND JUSTICE CORRESPONDENT: Right, each day when there's testimony, one of the things that the defense attorneys try to do is, you know, this is a self-defense case, so they try to poke hole with every witness to show that Kyle Rittenhouse was somehow threatened, that he was afraid for his life, and so that's why he had to use his weapon. And that was probably better displayed today than any other day.

As you said, the lone survivor testifying about what happened that day. Under cross-examination, the defense attorneys got him to essentially admit that the gun that he possessed was pointed at Kyle Rittenhouse at some point. He also talked about the moments leading up to the shooting, and how he ran towards the gunfire. Here's more of what he said. (BEGIN VIDEOTAPE)

GAIGE GROSSKREUTZ, SHOT IN ARM BY RITTENHOUSE DURING PROTESTS: I wouldn't say there was more people joining, but more people were then pointing out the defendant, saying that he had just shot somebody, that he's trying to get away. Get him, things of that nature, and then so again, further inferencing from the things I heard and experienced, witnessed earlier in the night, I thought that the defendant was an active shooter.

COREY CHIRAFISI, DEFENSE ATTORNEY: When you were standing 3 to 5 feet from him with your arms up in the air, he never fired, right?

GROSSKREUTZ: Correct.

CHIRAFISI: It wasn't until you pointed your gun at him, advanced on him, now your hand is down, pointed at him, that he fired, right?

GROSSKREUTZ: Correct.

(END VIDEOTAPE)

PROKUPECZ: And then even at one point, under further cross- examination, they got the witness to get off the stand, prosecutors did, and he showed the jury how he was holding his cell phone, and then how he was holding his gun, and even then, admitting that the gun was pointed at Kyle Rittenhouse as he was on the ground with his firearm pointed at the witness.

So, this is a big moment certainly for the defense that has been arguing that this is a self-defense case. A lot of it is going to boil down perhaps to perception, who perceived what and how were they threatened, and that is why likely within the next day or so, the next few days, I should say, that we're going to hear from the defendant at some point, certainly the attorneys.

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His attorneys have said that the jury should expect to hear from him, and that could come within the next couple of days.

CAMEROTA: Really interesting developments. OK, Shimon Prokupecz, thank you.

OK, now to this breaking news, the January 6th Committee has issued six new subpoenas.

BLACKWELL: CNN's Ryan Nobles joins us now from Capitol Hill, so Ryan, what are you learning.

RYAN NOBLES, CNN CORRESPONDENT: Victor and Alisyn, these are significant names, six names that have now been issued subpoenas by the January 6th Select Committee. All of them have close ties to the former President Donald Trump.

Among them, the former president's last campaign manager in his 2020 campaign, Bill Stepien. Jason Miller who is of course one of his prominent spokespeople, someone that served as a spokesperson for him after he left the White House but also served as a key adviser during the 2020 campaign.

Angela McCallum who during the campaign served as a national executive assistant and the select committee says they're interested in some of the communication that she had after the election with some local election officials, attempting to pedal this false information about the 2020 election results.

John Eastman, this of course the lawyer who wrote a memo outlining a very sketchy legal strategy that he attempted to use and present to former President Donald Trump and the Vice President Mike Pence to get them to try and overturn the election results on January 6th. Of course, Eastman a part of that crew of people that were involved in the war room at the Willard Hotel on the days leading up to January 6th and January 6th itself.

Another key name, Michael Flynn, the former national security adviser in the Trump White House who was only in that position for a short period of time before being forced to leave because of interactions that he had had with foreign leaders prior to taking on the role of national security adviser. Then at one point pled guilty to charges in Federal court only to be pardoned by the former president later. Flynn of course one of the big proponents of the big lie across the country. The select committee would like to talk to him.

And finally, Bernard Kerik, of course, a close associate of former New York City mayor Rudy Giuliani, and someone that is of course also of course a big backer of the former president. He too involved in pedaling false information about the 2020 election and involved in the war room planning at the Willard Hotel on January 6th.

So, each one of these individuals has been asked to turn over documents. All of them asked to turn over documents by the end of November, in fact, before Thanksgiving. And then they are all also scheduled for depositions. Some at the end of November, some for the early part of December.

Of course, we have seen, Victor, and Alisyn, especially with the subpoena targets that it hasn't been an easy process. In fact, so far only one subpoena target has actually come before the committee for a formal deposition. That was of course Jeffrey Clark on Friday. He came into the room and told them he wasn't answering any questions and left.

So, we'll have to see especially because this group is so closely tied with the former president, just how cooperative they will be in answering these subpoenas. That of course an open question as the committee continues to press the group of subpoena targets that they have already issued to, including Steve Bannon, who right now is facing a criminal contempt referral that is in front of the Department of Justice right now.

But this is significant news, six names, very closely associated with the former president have been subpoenaed by the January 6th Committee, the committee looking for information about the role they played in the events leading up to the violence and chaos here on January 6th -- Victor and Alisyn.

BLACKWELL: Yes, Ryan, some of these names were expected, as you said. John Eastman, of course, the writing that memo, Bill Stepien because of his connection to the campaign. But although we know that they are backers of the big lie, hearing, Bernie Kerik's name, also Angela McCallum, her name as well. Is it clear and specifically what they are looking for from, let's say, Bernie Kerik, some of the names we typically don't hear as we cover this?

NOBLES: Yes, so in the release that the committee issued, they did provide little snapshots of what exactly they want to ask of both Kerik, McCallum, and others about their role leading up to that day.

You know, Kerik, for instance, one the things that the committee is trying to nail down is a level of coordination between the people that participated in the rally, and then the group of people that actually came and stormed the Capitol on that day. That's part of one of the things they're trying to uncover. So, there's interest in Kerik, because of that war room, the group of people that Eastman was a part of it that were at the Willard Hotel that day. Who were they talking to?

They also want to follow the money trail. Who was raising the money? Where did the money come from? And then who was it distributed to? And did that play any sort of role in what happened here on January 6th?

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There's also a lot of questions that they want to ask of this particular group about what they were doing to sow doubt in the election results in between when the election took place in November, and then January 6th?

How much were they out there in the public firing people up with misinformation that would motivate them to then come to the Capitol -- or come to Washington on that day and take the action and take some of the responsibility or attempt to try and intervene as to what was happening here on January 6th, when the results of the election were being certified?

So those are all questions that they have. They're certainly attempting to connect the dots. But what's interesting about this group, is that we have seen those that were in and around the White House be subpoenaed that day, this is now the group that was working outside the White House, that was working with the president in the days leading up to the election, and then during that period of time after the election and before January 6th.

And again, it's about connecting those dots. How closely were they all talking and coordinating, and what role did that play in what was, you know, promoted as a peaceful rally on the Ellipse outside the White House that quickly devolved into an insurrection here on Capitol Hill?

BLACKWELL: All right, Ryan Nobles with the breaking news for us there on Capitol Hill. We will continue to follow this. A quick break, and we'll be right back.

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CAMEROTA: We're continuing to follow this breaking news. The January 6th committee has just issued six new subpoenas. They include for Michael Flynn, William Stepien, John Eastman, Angela McCallum, former senior adviser to the campaign, Jason Miller and Bernie Kerik.

BLACKWELL: All right, let's bring in now CNN's senior legal analyst Elie Honig. Elie, first, your reaction to this list, these six subpoenas now.

ELIE HONIG, CNN SENIOR LEGAL ANALYST: Well, Victor, this shows me that the committee is really now focusing on the root of January 6th, which is the big lie itself.

I think the thing that unites these six potential witnesses or witnesses is that they were all part of spreading the big lie, of coming up with it and really of putting it into effect.

One name that really jumps out to me as being particularly interesting is John Eastman. John Eastman, of course, is the attorney who drafted up this memo explaining how Trump should try to maneuver within the law -- or I would argue outside the law -- to steal this election. And so that shows that this big lie was something that they really intended to act on. And that seems to be where the January 6th committee is really aiming right now.

CAMEROTA: And Elie, some of these folks -- I'm thinking of Michael Flynn, some of the other names -- are not known as the most cooperative bunch. And so, what happens if they don't turn over the documents or show up for the committee?

HONIG: Yes, Alisyn, these are people who are very close to Donald Trump. Two of the six people, Michael Flynn and Bernard Kerik actually received pardons from Donald Trump in their criminal cases.

So, I do think this is a group that by and large is going to be loyal to Trump, is going to be ready to put up a fight with the committee. If that happens, the committee needs to be ready to act quickly, to go down really the same road we've already seen them go down with Steve Bannon and they may be going down soon with Jeffrey Clark. Which is vote for contempt in the committee. Send it to the full House for a contempt vote and then send it over to the Justice Department for a potential criminal prosecution for contempt of Congress.

BLACKWELL: Yes, it's been 2 1/2 weeks though since the Bannon referral went over and still, we've not heard from AG Garland. So, one, would you have expected to hear something there and what does this portend potentially for any actions these people do not take?

HONIG: Yes, Merrick Garland does seem to be taking his time. This does not seem to be a supremely complex fraud case or cyber case where you would need months and months and months. I'm wondering what's taking Merrick Garland this long as well.

But whatever he does with Bannon is really going to set the tone for all these other witnesses that we're now seeing line up. I mean if Merrick Garland does not prosecute Steve Bannon, all these other witnesses, the six new ones today, Jeffery Clark, they're going to have no deterrent either and they're going to see it as a free-for-all to do what they will. So, there's a lot riding on what Merrick Garland decides to do here.

CAMEROTA: And do you think puts pressure on Merrick Garland? I mean I know he has said he will make an independent decision based upon the law. Do you think the fact that the select committee is moving forward with subpoenas does put pressure on him?

HONIG: It has to. I mean first of all it's going to give him more and more decisions to make but also it shows us that the decision he's going to make on Steve Bannon is about much more than just will Steve Bannon be prosecuted.

So, I know Merrick Garland, it's sort of his standard talking point. Just facts and law, no politics, but I mean he's got to be aware what's happening out there in the real world and what the stakes are?

BLACKWELL: All right, Elie Honig, thank you.

HONIG: Thanks, both.

BLACKWELL: So, Pfizer will seek Emergency Use Authorization for a COVID booster shot for people 18 and older as soon as this week.

CAMEROTA: A Biden administration official says the FDA request could be pushed back but it's still a major step forward in making the extra shot available for all adults in the U.S. as we head into winter.

Joining me now, CNN medical analyst Dr. Leana Wen. She's the former health commissioner for the city of Baltimore. Dr. Wen, great to see you. More than 24 million fully vaccinated people in the U.S. have already received a booster. So, tell us what the significance of this announcement from Pfizer is.

DR. LEANA WEN, CNN MEDICAL ANALYST: I think at some point everyone is going to need a booster. We are learning that immunity for the vaccines do wane over time. Thankfully there's pretty good protection against severe disease. However, even the protection against severe disease also appears to wane.

And so, people who are older with chronic medical conditions should definitely get their booster now if they haven't already. Although I do think at some point, we will see that the Pfizer and Moderna vaccines are at least three-dose vaccines and that means that people will need to get that third dose.

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BLACKWELL: It was just six weeks ago though that the FDA Advisory Committee rejected the idea of people 18 and over needing a booster. They went for a narrower demographic. So, what's changed since then?

WEN: We are seeing new data emerge, including more data out of Israel that's much ahead of us when it comes to data collection and when it comes to boosters.

And the data that we're seeing include that the immunity wanes and also that a third dose provides that additional protection. I think it's reasonable for the FDA and CDC to start with those who are particularly high risk, who are older, who have underlying medical conditions that make them more susceptible to severe outcomes from COVID-19.

By the way, right now, if you're 18 and older and you deem yourself to be at high risk because of occupation or because of underlying medical conditions you can get a booster now.

I think it makes sense for the FDA and CDC to revise the recommendations based on this emerging new data and at some point, recommend that everyone needs a booster. I think that would be a good idea to do especially before the holidays.

CAMEROTA: Yes. I mean basically if you're walking into a CVS right now can you just say I need a booster? Is it super easy?

WEN: Yes, it is because right now there is self-attestation. And so, I should say that people who will get the Johnson & Johnson vaccine, definitely need a booster at this time.

CAMEROTA: Dr. Leana Wen, thank you. We always appreciate it.

BLACKWELL: And thank you for being with us this afternoon. "THE LEAD" with Jake Tapper starts after a short break.

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