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Astroworld Organizers had No Plan for Surging Crowd; January 6 Committee Subpoenas Si More Trump Allies; European Countries Report Record Outbreaks as Cases Surge; Shooting Survivor Takes the Stand in Kyle Rittenhouse Trial; Office Takes the Stand in Ahmaud Arbery Murder Trial. Aired 4-4:30a ET

Aired November 09, 2021 - 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. I'm Rosemary Church. Just ahead on CNN NEWSROOM --

New lawsuits and a Travis Scott cancellation fallout from the deadly chaos at a Houston music festival. Plus, Drake's first public comments since that tragedy.

Trump associates slapped with more subpoenas in the January 6 investigation, but will they cooperate?

And the sole survivor testifies after being shot by Kyle Rittenhouse during protests in Wisconsin last year.

ANNOUNCER: Live from CNN center, this is CNN NEWSROOM with Rosemary Church.

CHURCH: We begin with new details on the tragedy of the Astroworld Music Festival. According to the "Wall Street Journal," authorities are examining the role of illegal drugs in the incident, specifically counterfeit pills laced with fentanyl, and whether a bad batch might have contributed to the casualties. That's according to people familiar with the investigation. CNN has reached out for comment and will bring you more information when we get it.

Well meantime, Houston's police chief has revealed that he met with rapper Travis Scott and his head of security due to public safety concerns just hours before eight people were crushed and killed in the crowd during his show. And CNN has learned festival organizers had no contingency plans for a surging crowd despite an estimated 50,000 people in attendance. Video shows attendees trapped against barriers, barely able to move. Others reaching out to try and help them escape. At one-point Scott appeared to notice something wrong in the crowd.

(BEGIN VIDEO CLIP)

TRAVIS SCOTT, RAPPER: What the (BLEEP) is that?

(END VIDEO CLIP) CHURCH: Concert goers had been trying to warn event staff about the

disaster unfolding, screaming, stop the show, to no avail. The concert went on even after mass casualty event was declared. The Houston fire chief says Travis Scott shares responsibility for safety of the crowd.

(BEGIN VIDEO CLIP)

SAMUEL PENA, HOUSTON FIRE CHIEF: If the lights would have been turned on, the promoter or the artist called for that, it would have chilled the crowd. And who knows, who knows what the outcome would have been. But everybody in that, in that venue starting from the artist on down had the responsibility for public safety, I believe.

(END VIDEO CLIP)

CHURCH: Now Travis Scott and concert promoters are facing around 18 lawsuits, and that number is expected to grow. Travis Scott's next concert has been canceled. Organizers for the Day in Vegas Music Festival announced he will no longer be performing this weekend.

Scott has a history of crowd control issues. He pleaded guilty to a misdemeanor reckless conduct charge six years ago according to the "Chicago Tribune." And a disorderly conduct charge in 2018 as reported by an Arkansas newspaper. Concert promoter and venue operator Live Nation Entertainment has been cited about a dozen times for numerous safety issues, records show.

Meantime, as a memorial outside the concert grounds grows, authorities are saying it will take weeks if not months to figure out what went so terribly wrong. And earlier I spoke with the "Houston Chronicle's" music critic who witnessed the deadly chaos, and I asked him about drug abuse at the festival and an attack on a security guard.

(BEGIN VIDEO CLIP)

JOEY GUERRA, MUSIC CRITIC, HOUSTON CHRONICLE: Well, we heard very early on rumors about drug use, people being injected right after this happened and we started hearing that. And then the security guard who said he felt a prick in his neck that when examined was consistent with a needle. So, those things are being investigated. You know, I know they just performed autopsies, but we're not going to get the results of that for several weeks. So, I think that's one of the things this is going to hinge on, excuse me. You know, was this just people overcrowded, you know, dying because they were essentially suffocated? Or was there something else going on?

(END VIDEO CLIP)

CHURCH: Dozens of people were seriously injured in the crush and six are still in the hospital.

[04:05:00]

One of them is a 9-year-old boy whose grandfather says he's in a medically-induced coma due to brain trauma. Ezra Blount's family has set up a GoFundMe account. He was apparently sitting on his father's shoulders when they got caught up in the crush of the crowd.

Well, Rap star Drake who made a surprise appearance at Astroworld is accused of inciting the crowd in at least one civil lawsuit. In his first public remarks about the incident, he wrote on Instagram --

I spent the past few days trying to wrap my mind around this devastating tragedy. I hate resorting to this platform to express an emotion as delicate as grief. But this is where I find myself. My heart is broken for the families and friends of those who lost their lives and for anyone who is suffering. I will continue to pray for all of them and will be of service in any way I can. May God be with you.

U.S. lawmakers have subpoenaed six more of former President Donald Trump's allies, House committee members investigating the January 6th attack say the six helped drive the misinformation campaign that led to the deadly attack on the U.S. Capitol. They're being asked to hand over documents and give depositions. CNN's Ryan Nobles has the details.

(BEGIN VIDEOTAPE)

RYAN NOBLES, CNN CONGRESSIONAL CORRESPONDENT: These six individuals targeted with subpoenas by the January 6 Select Committee have one thing in common. They were all closely associated with former President Donald Trump and his campaign after the November election and leading up to January 6. The day that Congress met to certify the election results and we saw all the violence and chaos in this building on that day.

They include Michael Flynn, the former national security adviser who was pardoned by Donald Trump after he pled guilty to lying to the FBI. Bill Stepien, his former campaign manager, and the committee claims that they have information that Stepien was involved in meetings leading to the "Stop the Steal" rally.

Jason miller, who is the president's former communications director. He was someone that also served as a spokesperson for the Trump campaign and for the former president after he left office.

Bernard Kerik, closely associated with former New York City Mayor Rudy Giuliani. He was thought to be part of that war room, the meeting that took place at the Willard Hotel that was designed to be kind of a central hub of activity to try and overturn the election results on January 6.

John Eastman, who was the lawyer that wrote the memo outlining the sketchy legal strategy that he believed gave Vice President Pence the ability to prevent the certification of the electors on January 6th.

And then Angela McCullum, perhaps the least known person in this group, but someone closely associated with the former president and was someone who on the campaign was reaching out to election officials in states to try and convince them to use their power to overturn their election results.

Now, the big question that we have in the issuance of these subpoenas is will it compel any of these individuals to actually cooperate. The committee has had a difficult time trying to get those, especially those closely associated with former President Donald Trump to provide much information. Of course, Steve Bannon, the most -- the biggest example of that, he's outright defied the committee. That led to an criminal contempt referral of Congress. Which is in the hands of the Department of Justice. They have not said if they're actually going to prosecute that case yet.

But beyond Bannon, you have folks like the former White House Chief of Staff Mark Meadows, Kash Patel, the deputy White House chief of staff, Dan Scavino who all engaged on some level but have yet to sit for depositions and there is no evidence they have supplied documents.

These six all have a deadline of November 23rd to submit documents to the committee, and they've all been scheduled for depositions, some at the end of November, others at the beginning of December. And the committee has promised if they don't comply, they'll take whatever action necessary to make sure that happens.

Ryan Nobles, CNN, on Capitol Hill.

(END VIDEOTAPE)

CHURCH: Late Monday, Mr. Trump asked a federal judge to stop the National Archives from giving the committee some of his presidential records. Trump argues they should remain secret as long as he's fighting in court, claiming executive privilege. The judge has not made a decision. If the court doesn't intervene, the National Archives is set to hand over the records Friday. They include White House call logs, video logs, and schedules, and handwritten notes from Trump's chief of staff.

The current White House occupant is struggling to get more Americans on board with his presidency. A new CNN poll shows less than half approve of how Joe Biden is doing his job. A majority, 52 percent, disapprove. That disapproval rating has been growing over the last few months.

[04:10:00]

It's up 11 points since March.

The poll also looks at why so many Americans are not happy with the job he's doing. 58 percent say his priorities are off, and that he isn't paying a enough attention to the most important problems. More than a third think the economy is the most pressing issue right now, far ahead of the pandemic, immigration or climate change. Mr. Biden says one fix for the economy is the bipartisan infrastructure bill that finally passed the House on Friday.

Up next, the bigger social safety net package, which will also be a challenge to get passed.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: There's always (INAUDIBLE). It's going to be a tough fight. It ain't over yet until they say (INAUDIBLE). But I feel good. I think people realize it is important to get it done.

(END VIDEO CLIP)

CHURCH: Asked if he can take any lessons from passing the infrastructure bill and apply them to passing the second piece of legislation, Biden responded, none that I didn't already know.

A staggering new number in the COVID-19 pandemic. 250 million, that's how many cases have now been reported around the world. It comes nearly two years after the World Health Organization first declared COVID a pandemic. Since then, the virus has impacted almost every corner of the globe, and more than 5 million people have lost their lives. Just three countries -- the United States, India and Brazil -- account for more than 40 percent of all known cases according to Johns Hopkins University.

Right now, though, it's Europe seeing a COVID surge. On Monday, Germany recorded its highest infection rate since the pandemic began. In fact, cases are so high in Europe, the World Health Organization says the region is once again the epicenter of the pandemic.

Well, despite all of that, on Monday the United States loosened its travel restrictions and reopened its borders to fully vaccinated travelers from 33 countries, including much of Europe.

And for more on all of this, let's bring in CNN's Nina dos Santos. She joins us live from London. Great to see you, Nina. So, only vaccinated adults are allowed to travel and everyone must test negative for COVID. But surging cases in Europe has some here in the U.S. a little nervous about this. So, what is the latest?

NINA DOS SANTOS, CNN CORRESPONDENT: Well, the latest here in Europe is that this part of the world is embroiled in a fourth wave. And as you said, it is the epicenter of the current surge in COVID-19 cases. That's got a lot of health experts worried, particularly across Germany and towards the east of Europe.

These are, surprise, surprise, some of the parts of Europe where the uptake or rollout of the vaccine has been lagging behind other parts of Europe. Take for instance Spain. 80 percent of their citizens have been covered by at least one shot if not more of the COVID-19 vaccine.

Here in the United Kingdom, they're already rolling out a third booster shot for many people and the vaccination rate is higher. They're keeping a close eye on waning immunity among older people.

But if you look at a nation like Slovakia for instance, Rosemary, the vaccination rate is only at about 42 percent. So, the real epicenter here is places like the Czech Republic, Poland, also Hungary. Some of these countries have seen their case loads of COVID-19 triple in just a few weeks since the month of October. And overall, between 13 -- at least 13 -- and 45 countries across Europe have seen their caseloads double over the last few weeks. So that's really what's got people worried. Also sounding the alarm is Germany. Very concerned about pockets of

infection, particularly in eastern Germany where some of the hospital beds are starting to get blocked by COVID-19 patients. Germany, like Austria, and other parts of Europe, are starting to tell people that they absolutely must get vaccinated. If not, they're going to be blocked from going to restaurants, hotels and bars and public spaces, even Iceland is reintroducing masks -- Rosemary.

CHURCH: All right. Many thanks to our Nina dos Santos joining us live from London. Appreciate it.

Well, the U.S. border with Mexico is once again open for people who are fully vaccinated. Every crossing along the nearly 2,000-mile border has been closed to nonessential travel since March of last year. Border agent staff shortages and vaccine mandates for federal workers could slow things down for people crossing between the U.S., Canada and Mexico in the coming weeks.

Well meantime, deportation case notices will soon be in the mail for 78,000 migrants who recently entered the U.S. from Mexico. Sources say these migrants who were released into the U.S. with only paperwork in an effort to ease overcrowding at border facilities.

[04:15:00]

Immigration advocates are worried that information packets sent out by the U.S. government won't get to the migrants and could put them at risk of missing their court dates.

Well, the U.S. Justice Department is defending the Biden administration's new vaccine mandate for private businesses with 100 or more employees. A federal appeals court blocked the requirement over the weekend. The D.O.J. says states and businesses challenging the policy haven't proved they've been harmed, especially since it doesn't kick in until January. Meanwhile, the White House says companies should abide by the mandate while the court battle plays out.

(BEGIN VIDEO CLIP)

KARINE JEAN-PIERRE WHITE HOUSE DEPUTY PRESS SECRETARY: We think people should not wait. We say do not wait to take actions that would keep your workplace safe. It is important and critical to do. And waiting to get more people vaccinated will lead to more outbreaks and sickness.

(END VIDEO CLIP)

CHURCH: Well, meantime nearly 300,000 U.S. children ages 5 to 11 have now received their first COVID vaccine. Last week federal officials gave final approval for kids in this age group to receive the Pfizer BioNTech vaccine. The White House says the vaccination program will hit full speed this week, allowing millions of eligible kids to get their shot.

Well, the approval comes at a critical time, according to the American Academy of Pediatrics. The number of COVID cases in U.S. children is trending up again. This past week more than 107,000 kids were diagnosed with the virus. That's up 6 percent from the previous week. The Academy calls that number extremely high, but a reminder, it's less likely for children to be hospitalized with COVID compared to adults.

And speaking of kids, could there vaccinations help end the pandemic? Well, that is the question a 9-year-old child asked the head of the FDA. Take a listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Will kids getting vaccinated against COVID-19 help end the pandemic?

DR. JANET WOODCOCK, ACTING COMMISSIONER, U.S. FDA: Likely that is so. Do believe a high level of vaccination will help end this pandemic, and that people should be protected down to young ages.

(END VIDEO CLIP)

CHURCH: Great question there.

Well, a U.S. Senator may need a refresher course in good behavior after trolling a beloved "Sesame Street" character over a post about getting vaccinated. Over the weekend, Big Bird, who is technically 6 years old, posted about getting his shot. Now that the Pfizer vaccine is available in the U.S. for children ages 5 to 11. U.S. Senator Ted Cruz responded that the tweet by Big Bird, who has helped generations of children build self-confidence, confront fear and deal with loss, was government propaganda. But Big Bird has been a long-time advocate for vaccines, telling kids how important they are as far back as 1972 when Republican Richard Nixon was president.

(BEGIN VIDEO CLIP)

BIG BIRD, SESAME STREET 1972: Well, there are all kinds of people all in a line. They don't look like they're buying candy. There's a sign that says, "don't wait, vaccinate."

(END VIDEO CLIP)

CHURCH: Big bird knows what to do.

Still ahead, a key witness in the trial of Kyle Rittenhouse admits he was armed when the teenager shot him during protest last summer.

Plus, the trial continues for the three men accused of killing Ahmaud Arbery as one of the first police officers to arrive at the scene takes the stand.

[04:20:00]

(COMMERCIAL BREAK)

CHURCH: Testimony will resume later today in the trial of Kyle Rittenhouse. He is the teenager charged with shooting and killing two people and injuring another during protests in Kenosha, Wisconsin, last summer. On Monday, the man who survived being shot admitted that he aimed his own gun at Rittenhouse during the encounter. CNN's Omar Jimenez has our report.

(BEGIN VIDEOTAPE)

OMAR JIMENEZ, CNN CORRESPONDENT (voice-over): Gaige Grosskreutz is the only survivor of those shot by Kyle Rittenhouse on August 25, 2020. A trained medic, Grosskreutz went to Kenosha to provide first aid as he did at previous demonstrations. Soon, he would need his own.

(CROSSTALK)

JIMENEZ (voice-over): Just minutes before he heard the shots that killed Joseph Rosenbaum.

GAIGE GROSSKREUTZ, KENOSHA SHOOTING SURVIVOR: That sounded like gunshots.

JIMENEZ (voice-over): Then saw Rittenhouse not long after.

UNIDENTIFIED MALE: He's shot.

UNIDENTIFIED MALE: Hey, what are you doing?

UNIDENTIFIED MALE: He's shot.

UNIDENTIFIED MALE: You shot somebody?

UNIDENTIFIED MALE: (INAUDIBLE).

UNIDENTIFIED MALE: Who's shot?

GROSSKREUTZ: Hey what are you doing? Did he shot somebody

(CROSSTALK)

GROSSKREUTZ: I started hearing people saying he just shot that guy, he just shot somebody. I thought that the defendant was an active shooter.

JIMENEZ (voice-over): Grosskreutz was also carrying a weapon that night for his own protection.

GROSSKREUTZ: I believe in the Second Amendment and that night was no different than any other day. It's keys, phone, wallet, gun.

JIMENEZ (voice-over): He ran at Rittenhouse's direction as others began chasing alongside him. Some even confronting Rittenhouse, then gunshots.

Anthony Huber was shot in the chest and Grosskreutz just feet away, puts up his hands.

THOMAS BINGER, KENOSHA COUNTY ASSISTANT DISTRICT ATTORNEY: So, after you raised your hands like this, you saw the defendant re-racked the weapon?

GROSSKREUTZ: Correct.

BINGER: What did you think was going to happen?

GROSSKREUTZ: Re-racking the weapon in my mind meant that the defendant pulled the trigger while my hands are in the air, but the gun didn't fire. So then by re-racking the weapon, I inferred that the defendant wasn't accepting my surrender.

JIMENEZ (voice-over): During cross examination --

UNIDENTIFIED MALE: You didn't drop your firearm. You were chasing Mr. Rittenhouse with your gun.

JIMENEZ (voice-over): The defense honed in on that same moment but going to after Grosskreutz's hands were up.

UNIDENTIFIED MALE: At this point you're holding a loaded chambered Glock 27 in your right hand. Yes?

GROSSKREUTZ: That is correct, yes.

[04:25:00]

UNIDENTIFIED MALE: You are advancing on Mr. Rittenhouse who is seated on his butt. Right?

GROSSKREUTZ: That's correct.

UNIDENTIFIED MALE: You're moving forward and your right hand drops down with your gun. Your hands are no longer up and now there -- the gun is pointed in the direction of Mr. Rittenhouse. Agree?

JIMENEZ (voice-over): The defense presses further.

UNIDENTIFIED MALE: When you were standing three to five feet from him with your arms up in the air. He never fired. Right?

GROSSKREUTZ: Correct.

UNIDENTIFIED MALE: It wasn't until you pointed your gun at him, advanced on him with your gun, now your hands down pointed out at him that he fired. Right?

GROSSKREUTZ: Correct.

JIMENEZ (voice-over): Prosecutors came back to specify with Grosskreutz on the positioning of the gun.

UNIDENTIFIED MALE: Did you intentionally point your firearm at the defendant?

GROSSKREUTZ: No, I did not.

UNIDENTIFIED MALE: Did you feel there was an imminent danger that the defendant was going to kill you?

GROSSKREUTZ: Yes, absolutely.

UNIDENTIFIED MALE: Is that the way you hold and point a gun when you're going to shoot it?

GROSSKREUTZ: No.

JIMENEZ: The state is expected to rest its case early this week with estimates of Tuesday. Then it will be the defense's turn to present their case, and then finally the jury will be left with it to make a decision. So far, the prosecution has called 19 witnesses.

Omar Jimenez, CNN, Kenosha, Wisconsin.

(END VIDEOTAPE)

CHURCH: Testimony also resumed Monday in the trial of three white men charged with murdering Ahmaud Arbery, a black jogger in Georgia last year. The men are accused of chasing Arbery down as he jogged through a neighborhood then cornering him before fatally shooting him. On Monday, the first officer to arrive at the scene of the shooting took the stand. Take a listen.

(BEGIN VIDEOTAPE)

UNIDENTIFIED PROSECUTOR: Did he say, specifically, that he blocked Ahmaud during this chase?

RICKY MINSHEW, FORMER OFFICER, GLYNN COUNTY POLICE: Yes, ma'am.

UNIDENTIFIED PROSECUTOR: Did he say specifically that he cornered Ahmaud during this chase?

MINSHEW: Yes, ma'am.

UNIDENTIFIED PROSECUTOR: OK. How many times did Mr. Bryan say that he either blocked Ahmaud or cornered him during this chase?

MINSHEW: After going back and reviewing the transcribed body camera, it appeared to be approximately five times.

(END VIDEOTAPE)

CHURCH: The trial is set to resume later today, and we are expecting to hear more testimony from some of the officers who responded to the scene.

In St. Louis, Missouri, authorities have arrested a suspected serial killer. The FBI believes 25-year-old Perez Reed is responsible for killing six people and injuring two others across Missouri and Kansas. Investigators say he was arrested Friday after getting off a train, carrying a pistol that was the same caliber as one used in several unsolved shootings. He faces several charges, including murder and first-degree assault. You are watching CNN NEWSROOM. Still to come, Barack Obama takes

center stage at the U.N. climate meetings with criticism for China, Russia and Donald Trump.

And trouble is brewing at one entrance to the European Union as thousands of migrants head to the Polish border. Poland Prime Minister's warns the situation could put the entire EU at risk. We're back in just a moment.

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