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U.S. Journalist Gets 11 Years in Myanmar Prison; Poland-Belarus Showdown: Migrant situation has become catastrophic; Final Day of COP26 Climate Summit; Germany Mulls More COVID Restrictions; Power Boost for Xi Jinping; U.S.-China Relations; U.S. Journalist gets 11 Years in Myanmar Prison, South African President Who Oversaw End of Apartheid Dies, Federal Appeals Court gives Trump a Temporary Win Pauses Release of Documents to January 6 Committee; Testimony Concludes in Kyle Rittenhouse Homicide Trial, Closing Arguments Scheduled to Begin on Monday. Aired 2-3a ET

Aired November 12, 2021 - 02:00   ET

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

[02:00:00]

(COMMERCIAL BREAK)

KIM BRUNHUBER, CNN ANCHOR: Hello and welcome to all of you watching us around the world. I'm Kim Brunhuber. Ahead on "CNN Newsroom," thousands of migrants trapped and stranded in freezing temperatures between Poland and Belarus. Others are caught in the middle of a political dispute.

Plus, the COP26 climate summit is coming to an end with an agreement on limiting warming in doubt. I will discuss with my guest what needs to happen for the conference to be considered a success.

And Xi Jinping's powerplay, the new move from the Chinese Communist Party and what it means for life in Beijing.

UNKNOWN (voice-over): Live from CNN Center, this is "CNN Newsroom" with Kim Brunhuber.

BRUNHUBER (on camera): All right, we'll get to those stories in a minute, but first, breaking news from Myanmar. American journalist Danny Fenster has been sentenced to 11 years in prison, according to his attorney. The editor of the local "Frontier Myanmar" was arrested as he was trying to leave the country in May, accused of incitement and sedition under terrorism and immigration laws.

The 37-year-old from Detroit, Michigan had been denied bail and held in one of the country's most notorious prisons in Yangon. We'll have more details and a live report in just a few minutes.

The migrant crisis at the Polish-Belarusian border has been bad for weeks, but the U.N. now says it has become catastrophic. About 2000 men, women, and children are trapped in hellish conditions between Poland and Belarus. Little kids hold signs that say, sorry. They're very cold, hungry, and desperate to enter Poland. But Polish border guards are making sure they don't. One of them telling the migrants, go to Belarus, this place is full.

Polish President Duda publicly thanked those 15,000 guards on Thursday, which is also the country's Independence Day. Earlier, a sea of red and white in Warsaw chanted nationalist slogans and cheered border guards for -- quote -- "not letting anybody in."

Across the border, the Belarusian strongman appeared unfazed by accusations he deliberately engineered the humanitarian crisis. Two nuclear-capable Russian bombers flew over Belarus for second straight day to show support for Moscow. And as the west threatens more sanctions, Alexander Lukashenko was defiant as ever. Here he is.

(BEGIN VIDEO CLIP)

ALEXANDER LUKASHENKO, BELARUSIAN PRESIDENT (through translator): If they impose additional sanctions on us, which are indigestible and unacceptable for us, we must answer.

(END VIDEO CLIP)

BRUNHUBER (on camera): For more on this, let's turn to CNN's Nina dos Santos in London. Nina, as we just outlined, conditions seemed to be getting worse for the migrants there on the border. What's the latest?

NINA DOS SANTOS, CNN CORRESPONDENT: Well, the conditions have already cost several lives over the last few weeks and more and more of these migrants have continued to pour in with more flights having been laid on between places like Iraq, Syria and also Minsk, the capital of Belarus. This after just a few weeks ago Alexander Lukashenko said that he would be willing to issue the seven-day visas.

Belarus has now been accused by members of the -- western members of the U.N. Security Council, particularly those with a permanent vote on those councils, of essentially engineering humanitarian crisis that is getting more and more desperate by the day. They're saying it is unacceptable. This is not a migration crisis, the E.U. says, like we saw back in 2015 when people were fleeing war-torn countries like for instance Syria.

This is one that has been made essentially possible by Belarus after, of course, it was sanctioned for humanitarian rights violations and also pulling a dissident off a plane that got diverted, you remember, over the course of the summer, an E.U. plane.

So, Belarus has been locked in this standoff for some time and it is getting increasingly nervous about more sanctions being imposed upon it by the E.U.

Ursula von der Leyen, the president of the European Commission, earlier this week flew to the prospect of sanctioning airlines that were allowing people to go from some of these countries to Belarus and even transit countries as well.

Some of these flights diverting via nations like Turkey that has prompted the ire of the Turkish government in Ankara and also Turkish Airlines, which has denied being part of this route.

You've got to remember also there has been many media reports that this is becoming a more established people smuggling network as well.

[02:05:00]

DOS SANTOS: Now, in the midst of all of this and several deaths largely from hypothermia, these desperate conditions that we are hearing about, Iraq has said that it will start to begin to evacuate citizens from Belarus.

But, in the meantime, this war of words and also potential weaponization of migration as an issue right on Europe's northern border where, of course, the temperatures are starting to plummet as we head into the winter is getting more and more desperate.

And the Belarusian leader, Alexander Lukashenko, has made it very, very clear, Kim, that he wants to continue to exert the levers of power over this. He is now not just talking about migration but also about potentially curtailing gas supplies to the E.U.

As things get colder over here, the E.U. is already nervous about smaller gas supplies coming from Russia. Belarus harvests two key pipelines that the E.U. bound with the key supplies. So, you can expect more discord over the subject over the days to come. Kim?

BRUNHUBER: Yeah. And speak to me about the regional implications here because, of course, we have several different borders, many countries involved.

DOS SANTOS: Yes, you're right to point that out, because it's not just Poland that's being affected by this. It's Lithuania as well. Lithuania recently has had meetings with all sorts of foreign envoys and diplomats, even foreign ministers, including from places like Germany, desperate to try and ease this.

Obviously, the most dramatic situation is in Poland, but some of the Baltics states also. Vilnius, the capital of Lithuania, is very, very close to the border with Belarus. They are being affected by this as well.

So, all sides are desperate to try and find some kind of solution. As I was saying before, the E.U., though, a crucial moment this week was when they were very clear in saying this isn't a migration crisis like we've seen in the past, this is a situation that we believe has been engineered.

All eyes on Ursula von der Leyen and her team at the European Commission to find out exactly when and what type of sanctions could actually be on the table. But as I was saying before, other countries around the eastern border with the E.U. will be concerned themselves about this prospect of gas supplies being curtailed to them.

Some of these countries already have been very aware that places like Russia via Belarus have been able to use the levers of power when it comes to energy as a tool of security. And that will be in the backdrop of all of these conversations, including, of course, the desperate situation that's getting more desperate by the day on that border with Poland and Belarus.

BRUNHUBER (on camera): Yeah, a vital story on so many different fronts. I really appreciate you breaking that down for us. Nina dos Santos in London.

The COP26 climate summit is entering its last day in Glasgow, Scotland and leaders are hoping for a final agreement with strong commitments to limit greenhouse gas emissions and global warming.

Developing nations say they shouldn't be held at the same standards as wealthier countries. Some are pushing back on pledges to keep temperatures within 1.5 degrees Celsius of preindustrial levels.

We have more now from CNN's Phil Black.

(BEGIN VIDEOTAPE)

PHIL BLACK, CNN CORRESPONDENT (voice-over): Throughout COP26, some countries have been talked about more than others, and not for the right reasons. Here is one example.

JENNIFER MORGAN, EXECUTIVE DIRECTOR, GREENPEACE INTERNATIONAL: I think the greatest disappointment maybe would also be Australia.

CATHERINE ABREU, DESTINATION ZERO: Countries like Australia come to this talk without an enhanced Paris agreement goal.

SARAH HANSON-YOUNG, AUSTRALIAN SENATOR, GREENS PARTY: It is embarrassing being here as an Australian.

BLACK (voice-over): Australia has been roundly criticized for coming to Glasgow and saying it will hit net zero carbon by 2050 without significantly changing its behavior, especially in the short term.

SCOTT MORRISON, AUSTRALIAN PRIME MINISTER: Driving the emergence of low emissions technologies and fostering their widespread adoption is at the heart of our plan to reach net zero.

BLACK (voice-over): So, the Australian government says, investing billions in future technology means there is no need to stop digging, burning and selling fossil fuels, a provocative theory at a climate conference.

HANSON-YOUNG: Australia got to do more than that. We are one of the world's largest exporters of fossil fuels. We've got to get out of coal. We have to stop building new gas fields. We've got to reduce pollution. And if you -- if we want to reduce pollution, we've got to stop making the stuff.

BLACK (voice-over): But Australia isn't the only holdout. Several big polluting countries have persistently ignored what the science now says is necessary: to get to carbon neutral by mid-century, countries collectively must make deep cuts now, and reduce emissions by 45% this decade.

NIKLAS HOHNE, NEWCLIMATE INSTITUTE: There are some countries which clearly propose a long-term target to disguise that they are not changing their short-term targets. I think Brazil is in that category. Australia as well. Russia is in that basket as well.

[02:09:59]

ABREU: We've heard from countries like Saudi Arabia real reluctance to embrace the push for more ambition before 2030.

BLACK (voice-over): Poor, vulnerable countries are watching with dismay.

PERKS LIGOYA, GLOBAL CHAIR, LEAST DEVELOPED COUNTRIES GROUP: When you see countries coming up with targets say, by 2060, by 2070, we will do that, who knows? By then, most of our young kids will be dead.

BLACK (on camera): They're not committing to what needs to be done this decade.

LIGOYA: Exactly, exactly.

BLACK (voice-over): Australia's policies aren't popular at COP26, but its pavilion is. Crowds line up, eager for good, free coffee, next to display for a fossil fuel company.

UNKNOWN: We can't just shun countries out for being bad. We need to have conversations with them and bring them on the journey with us.

BLACK (on camera): Especially when their coffee is so good.

UNKNOWN: Yeah, exactly.

BLACK (voice-over): While outside, activists blast an air raid siren, declaring alarm over the little progress made here. A breakthrough was never likely at COP26. Too many countries are still unwilling to make bold, immediate changes and some have powerful economic and political motivations for sticking with the status quo.

Phil Black, CNN, Glasgow.

(END VIDEOTAPE)

BRUNHUBER (on camera): Asad Rehman is the spokesman for Climate Justice Group, the COP26 Coalition, and the director of "War on Want," an anti-poverty charity. He joins me now live from Glasgow. Thanks so much for being here with us.

I want to start by quoting from a speech you gave the other day at the climate conference. The richest have ignored every moral and political call to do their fair share. Their broken promises are littered across 26 COPs. So, you know, you've already lumped (ph) this Glasgow climate meeting in with other notable failures from the past. So now, with a day or so to go, is that still your assessment so far? ASAD REHMAN, DIRECTOR, WAR ON WANT: Unfortunately, it is. No matter what might happen now in the --- in these last 24 hours, the reality is, of course, that the commitments that we've seen that have been put on the table are nowhere near enough to meet the science. And you can't cook the books and lie to the science.

If you remember, we had climate scientists who told us it is a code red for humanity and we have to avoid reaching the critical 1.5-degree guardrail. The carbon (INAUDIBLE) for that is literally at most is about 10 years. So, we really need to see dramatic and drastic emission reduction not in the future but by 2030. So, we have to have all of our emissions in this decade.

And what we've seen instead is some of the richest countries in the world who have done most of the pollution, most of the damage, so, you know, people here in these negotiations, you know, talk about rich countries, and that's basically the global north. We are about 18% of the world's population and we've been responsible for about 60% of all the missions that are in the atmosphere.

So, look, poor questions, of course, quite likely say, well, you've grown wealthy off fossil fuels, you've grown wealthy of this pollution. It is both the legal and moral right -- duty to cut your emission. And instead, what we've seen is the U.K., the United States as well as many other countries all saying, well, we will cut our emissions but will cut them in 2050, but we actually also won't really cut our emissions because what we will do is we will bank on technologies that just don't even exist.

That's -- that really goes down hard with those who are already facing the impacts of the climate crisis. See billions of people being impacted and are basically being told, we're going to gamble with your lives and your livelihoods.

BRUNHUBER: So, let me ask you, then, because you have accused, as you say, those wealthier nations of sacrificing the poor for profit. So, then, the position of the group called the "like-minded countries" that are arguing, as you just did, the developed world is trying to transfer its responsibilities for the climate crisis on to the developing world, they say developing countries shouldn't have the same deadlines and goals as wealthy nations, is there a problem with that because that includes huge emitters like China and India?

REHMAN: Well, look, everybody's got to do their fair share. The reality is when you face a global problem and a problem that no one country by itself can fix, the only way that you convince everybody to do and take action is if everybody does their fair share of effort. That's the only way.

So, we have always argued fairness matters. We know what needs to be done. We know how much each country needs to do. That should be their target. And they should have -- they should be legally binding, they should commit to those targets, and they should have to report to those targets.

[02:14:57] REHMAN: What we've seen instead is lots of countries saying, I'll give you a vague promise. By the way, we've just made these other announcements, not part of the U.N. process, and we're going to cut these emissions reductions as well.

The problem with that and we saw that earlier this week because we have lots of fun fairs around various announcements made around, for example, coal and forest, et cetera, and people said, well, that is it, we nearly are close to 1.5, and then the climate scientists look at the figures and say, actually, we're heading still towards two and a half degrees warming.

So, what matters really is what is concrete, what is verifiable, and what is accountable. That is the system that's needed in these times.

BRUNHUBER: Yeah. So, in terms of concrete, let's drill into that. For decades, the less developed countries have been pushing for compensation for loss and damage from climate change. COP26 president says, I'm quoting here, the mood music has changed somewhat. But it seemed it has only changed in as much as the developed countries are willing to help deal with future climate impacts, but not compensate these other countries for damage that has already been done. How important is that?

REHMAN: It's very critical. Look, you know, if somebody came and burned down your or my house and then said, I'm not taking liability, I'm not taking responsibility for that, then after years of campaigning, they said, okay, I'll tell you what, I will give you a little bit money in the future, maybe for the doorknob, you'll be saying that's really unjust. That is what is really happening here.

Look, there are some countries who have really caused most of this damage and it is happening to countries who are not just dealing with the climate crisis. We got to remember, we're in the midst of a health pandemic with much of the developing countries being overwhelmed. Some of the poorest countries, they are only at one percent vaccinations. We are in the midst of global economic crisis which is like to a debt crisis.

So, countries, some of the poorest countries are actually spending more money paying debt repayments to rich countries like the U.K. and others than they're spending on protecting their citizens. They are now saying, we are also facing this climate crisis, it's just too much for us, you have to help us.

What we see in the negotiating text is lots of really nice words. Those words really matter because what they do is they say, I acknowledge that there is an issue. We should do something about that.

Now, again, just giving the analogy of a house on fire, if I see a house on fire and you are inside the house, you don't want me to be saying, I should call the fire engine or I should -- I acknowledge that the fire is on -- your house is on fire. What you want me to be saying is, I will call a fire engine, I will do something about it.

The will is really important. So, that is where the gap is. Rich countries are not saying, we will help. What they are simply saying is, we know you've got a problem.

BRUNHUBER: Listen, we will have to leave it there. You know, about 24 hours ago. Hopefully, there will be some more significant progress made. Asad Rehman, thank you so much. I really appreciate it.

REHMAN: I hope so, too. Thank you very much. Bye-bye.

BRUNHUBER: India is among the countries resisting deep cuts to greenhouse gas emissions. CNN's Vedika Sud is live this hour with more on the country's reliance on coal. So, Vedika, I understand you are near a coal fire plant although you can barely see it through the smog there. How important is coal to India?

VEDIKA SUD, CNN REPORTER: Kim, good to be with you at this hour. Very quickly, I just want to make it clear that the power plant behind me is not operational because of the air quality that is being so poor at this point. So, it shut down for a couple of weeks until the air quality gets better. We don't know when that is going to happen.

But coming back to your question, when the Indian prime minister at COP26 did mention that India will reach its net zero carbon by 2070 while other countries -- let me make it very clear, we talk about developed countries should reach this by about 2040, 2050, 2060. Now, India's dependence on coal is very high. Seventy percent of India's energy currently comes from coal. India is also second largest producer of coal after China and consumer.

So, those figures itself should explain why India's dependence on coal is very high and cannot wean off this dirty fossil fuel in the coming years or anytime soon.

Now, it is also imperative to know at this point in time that a lot of people are still below the poverty line in India. To pull them out of poverty energy is crucial and hence, the dependence on both conservative and renewable energies will continue for a long time in India.

Modi also made it very clear that by 2030, India's dependence on renewable energy will go up to 50 percent, which I think is a very ambitious plan and was very welcomed by experts.

[02:19:58]

SUD: Also, the environment minister before going into COP26 and at COP26 made it clear that India is a victim of climate change and not the cause of it. That is because it is with -- the experts also mentioned that lies with the developed countries. The environment minister also went on to say that the historical blame for climate change lies with developed nations, and hence, India should get climate finance to go ahead and reduce emissions in India.

But what we cannot really ignore is the fact that India is the third largest emitter of greenhouse emissions here in India and that is something that it has to correct very soon. But given the population and the dependence on coal, it should happen not before 2017 like the Indian prime minister has mentioned, Kim.

BRUNHUBER: Yeah, a huge challenge there. Vedika Sud, thank you so much. I appreciate it.

Germany is seeing a major surge in COVID cases. Just ahead, how vaccine hesitancy is fueling the wave and how the government is cracking down on the unvaccinated. And China's Communist Party boosts President Xi Jinping's grip on power. We will explain what that means as his second term ends next year after the break. Stay with us.

(COMMERCIAL BREAK)

BRUNHUBER (on camera): Surging numbers of COVID cases are becoming a trend across Europe. The World Health Organization reports that Europe saw seven percent rise in new infections last week as cases in all other regions dropped or remained stable.

Germany is getting hit particularly hard. It just reported nearly 50,000 new COVID cases, just shy of the record set Thursday. Surging COVID numbers are forcing the German government to consider tougher measures to fight the spread of the virus.

CNN's Scott McLean has more.

(BEGIN VIDEOTAPE)

SCOTT MCLEAN, CNN INTERNATIONAL CORRESPONDENT: It's been almost a year since the first vaccines were given in Europe, but you wouldn't know it from following the headlines lately on this continent, where it seems that one country after the next is introducing new restrictions or tightening old ones.

Germany is in that category, having just recorded its highest number of new infections in a single day since the pandemic began. As a result, some German states are tightening restrictions.

In Berlin, proof of vaccination, natural immunity or a negative test will get you into restaurants or theaters today. But on Monday, a negative test will no longer credit. And more and more states either have already or are considering whether to follow suit.

Now, this is significant because Germany has always insisted on not discriminating it against the unvaccinated. But things are changing so quickly that politicians, it seems, are pulling at whatever levers they can to try to right the ship.

As bad as things may seem in Germany, the situation pales in comparison to many eastern European countries like Bulgaria, Ukraine, and Romania which are still struggling to get their populations vaccinated with the first dose, just as many western European nations are already focusing squarely on the third booster shot of the vaccine.

[02:25:03]

MCLEAN: Scott McLean, CNN, London.

(END VIDEOTAPE)

BRUNHUBER (on camera): And coming up in the next hour, I will be speaking with the German doctor about what is driving the new surge of COVID infections in his country and across Europe. Stay with us for that.

China's ruling Communist Party elevates President Xi's status in history with a landmark resolution. The central committee passed it at the end of a four-day closed-door meeting of the party elite. It is just the third history resolution the Communist Party has issued in its 100-year existence. The first two issued in 1945 and 1981 cemented the historic importance of Mao Zedong and Deng Xiaoping.

Steven Jiang is in Beijing with details. Steven, let us put Xi in some fairly aghast company. So, walk us through what this means for Xi and for China.

STEVEN JIANG, CNN BEIJING BUREAU CHIEF: Kim, you know, we haven't seen the full text of this resolution. But from the summary they have released and also from what state media and officials have been saying, there is no doubt they're placing Xi on the same pedestal as Mao, even surpassing Den Xiaoping, let alone his two immediate predecessors.

In a press conference here just a few hours ago, senior party officials described Xi Jinping's theory as 21st century Marxism and calling him the houseman (ph) of China's rejuvenation, really things we haven't been hearing for years since Mao's death.

They also reinforced this notion that Xi's supremacy leadership is not only necessary but also embraced by the whole party and the nation because only he can help the party thrive in the face of grave challenges as he has done since he took control of the party in late 2012.

Now, his consolidation of power since then, of course, has been both methodical and swift, launching a sweeping anti-corruption campaign that simultaneously eliminated most of his political rivals.

He also set up all those super committees that bypassed traditional power structures in the party with himself sitting on top most of them and, of course, also removing presidential term limits from the country's constitution just a few years ago.

All of those developments really leading to this moment where he now basically scrapped the system of collective leadership put into place by Deng Xiaoping after Mao's death to prevent exactly this type of (INAUDIBLE) and one-man rule over the party and the country as he is now expected to seek an almost unprecedented third term next year and potentially rule for life.

All of this, of course, as he continues to reassert the party's dominance in every aspect of Chinese society, not just politics and military, but also the economy and even people's personal life.

Kim, this is also happening, of course, as he prepares going to the virtual meeting with President Joe Biden of the U.S. later for Monday. So, from Beijing's perspective, he is definitely going to that meeting from a position of strength as President Biden, obviously, continues to face a growing number of challenges domestically. Kim?

BRUNHUBER: All right. Thanks so much, Steven Jiang. I appreciate it. And as Steven just mentioned, sources say the highly-anticipated virtual summit between Joe Biden and his Chinese counterpart is expected to take place Monday. That meeting comes during heightened tensions over Taiwan, trade, and military expansion.

However, the U.S. and China did unveil a framework agreement to address climate change this week. President Biden and President Xi last spoke for about 90 minutes by phone in September.

All right, you're watching "CNN Newsroom." We have new details on our breaking news out of Myanmar. An American journalist sentenced to 11 years behind bars. That's just ahead. Stay with us.

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[02:30:00]

(COMMERCIAL BREAK)

KIM BRUNHUBER, CNN INTERNATIONAL ANCHOR: Welcome back to all you watching us around the world. I'm Kim Brunhuber. This is CNN NEWSROOM. More now on our breaking news.

American Journalist Danny Fenster has been sentenced to 11 years in a Myanmar prison according to his attorney. The Editor of the local Frontier of Myanmar was arrested back in May as he tried to leave the country accused of incitement and unlawful association with an illegal group.

CNN's Ivan Watson is live this hour in Hong Kong. Ivan, it seems like a very harsh sentence and things could get even worse for Fenster. What more can you tell us?

IVAN WATSON, CNN SENIOR INTERNATIONAL CORRESPONDENT: That's right, he has now received an 11 year jail sentence for three existing charges. And there are still two outstanding charges - very serious charges against this 37 year old American journalist for charges under the counter terrorism law, and under Section 124 of the penal code, in which case he could potentially face a life sentence for these alleged crimes.

Now, the trial took place behind closed doors in this notorious Insein Prison. It's a complex that you can see from the sky as you fly into Yangon. Danny Fenster is just one of scores of journalists that have been arrested since the February 1st Military coup, journalists who were thrown behind bars as well as the civilian elected government whose leaders are also in jail and appearing in court.

The additional charges against Fenster came in - some of them were slapped against him just in the course of the last week. Now, there have been statements from one of the news outlets that he had worked with - it was Frontier Myanmar which pointed out that Fenster had been an employee there since the summer of 2020. Long before the coup - months before the coup, in fact.

And the news outlet accuses the court of ignoring tax records, for example, that indicates that he was not working at the time of the coup, or when he was detained for another English language news outlet called Myanmar NOW, and that seems to be where there there's some kind of confusion in the court, and he is accused of working for a different news outlet.

I believe we may have sound from a previous interview with Fenster's parents kind of making an appeal for his release months ago in an interview with CNN, Brian Stelter, take a listen.

(BEGIN VIDEO CLIP)

BUDDY FENSTER, DANNY FENSTER'S FATHER: Their efforts to squelch journalism and get the word out is - it's just - it just kills - it kills life and it kills freedom. It kills truth. And I think that they're - they just need to let him go immediately. He has not committed any crime there.

ROSE FENSTER, MOTHER OF DANNY FENSTER: It's a total nightmare. It's a total feeling of no control. It's heart wrenching. It's just it's - it's, excuse me, I'm sorry. It's just not something you want anybody to go to - through any parent. Anybody that cares about anybody. These are human lives and these are people, not just numbers. And I just want my son home no matter what it takes.

(END VIDEO CLIP)

WATSON: Kim, Human Rights Watch has put out a statement calling this sentencing a travesty of justice - travesty of justice executed by a kangaroo court. There are estimates that there are at least 30 other journalists in Myanmar currently behind bars since the February 1st Military coup. Back to you.

BRUNHUBER: Really, troubling situation. Ivan Watson in Hong Kong, thanks so much. And we will be right back.

(COMMERCIAL BREAK)

[02:35:00]

(COMMERCIAL BREAK)

BRUNHUBER: South Africa is bidding goodbye to its former president who oversaw the end of apartheid. Frederik Willem de Klerk, died of lung cancer on Thursday at the age of 85. He stunned his nation in 1990, when he announced he would put an end to apartheid. He later negotiated a transition to democracy with Nelson Mandela and together they shared a Nobel Peace Prize.

David McKenzie joins us from Johannesburg. David, his life had a fascinating arc in terms of his moral journey. Take us through how he's being remembered. DAVID MCKENZIE, CNN CORRESPONDENT: Well, Kim, we definitely has a complex legacy, F. W. de Klerk. And, certainly, over the last few hours you've seen that play out and reactions from around the world.

You had first Desmond Tutu fellow Nobel laureate saying - praising his role in transition and then a short time after putting out a much more biting set of remarks, saying that De Klerk never really fully repudiated his role in apartheid and possibly his role in hurting and even ordering the assassinations of victims. That he always denied and always denied the government's culpability in that. He remains a very divisive figure, even after his death.

(BEGIN VIDEO CLIP)

MCKENZIE (voice-over): F. W. de Klerk helped end generations of white minority rule in South Africa--

FREDERIK WILLEM DE KLERK. FORMER DEPUTY PRESIDENT OF SOUTH AFRICA: A new democratic dispensation is foreseen with full political rights for South Africans.

MCKENZIE (voice-over): But earlier in his career, there was little hint of anything revolutionary. A deeply conservative De Klerk rose through the ranks of the National Party during the most draconian periods of racist apartheid rule.

Then as president on February 2, 1990--

DE KLERK: the government has taken a firm decision to release Mr. Mandela unconditioned.

We landed in a place which was morally unjustifiable. And I came to the realization, I cannot build the security of my people on the basis of injustice towards a majority of all the people.

MCKENZIE (voice-over): Some of his people, Africana, South Africans called De Klerk a traitor for releasing Nelson Mandela. But South Africa's painstakingly negotiated democratic transition helped stave what many saw as inevitable Civil War.

DE KLERK: It was only in South Africa when we negotiate and when Mandela sat across me and said, I will try to understand your concerns. You cannot defuse tension unless the parties to the conflict start talking to each other.

[02:40:00]

MCKENZIE (voice-over): De Klerk would jointly win the Nobel Peace Prize with Mandela, a move criticized by many, and served as deputy president for a time. But the last white president of South Africa, once called apartheid developmental policy, only truly repudiating it after an outcry.

Some South Africans felt that he had little moral authority to criticize a democratically elected government, as he frequently did. Over the years, Mandela and De Klerk developed a strong, mutual respect, even friendship, a symbol that De Klerk said represented what could be possible in a country with such a painful past.

(END VIDEO CLIP)

MCKENZIE: Well, Cyril Ramaphosa, the current President of South Africa said that De Klerk played a vital role in the transition to democracy in South Africa. And I should somewhat clarify, what people - many people are angry about is that during the some of the worst days of apartheid, he was in the cabinet of the racist regime, but he never clarified or even admitted that the government was directly involved in any of the apartheid hit squads, and many feel he's taking those secrets to his grave. Kim?

BRUNHUBER: A complex legacy, as you say, David McKenzie, thanks so much.

But even after his death, De Klerk is still making his feelings known about the horrors of apartheid. His foundation released a video message he made before his passing. Now it's not clear when the recording was made, but De Klerk included an apology. Listen to this.

(BEGIN VIDEO CLIP)

DE KLERK: Me today in this last message, repeat. I, without qualification, apologize for the pain and the hurt, and the indignity and the damage that apartheid has done to Black, Brown and Indians in South Africa. I do so not only in my capacity as the former leader of the National Party, but also as an individual.

Allow me in this last message, to share with you the fact that since the early 80s, my views changed completely. It was as if I had a conversion, and in my heart of hearts, realized that Apartheid was wrong. I realized that we had arrived at a place which was morally unjustifiable.

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BRUNHUBER: In a statement after the former president's death, Nelson Mandela's foundation said that, " De Klerk's legacy is a big one, but it's also an uneven one, which is something South Africans are called to reckon with in this moment."

I'm Kim Brunhuber, back at the top of the hour with more CNN NEWSROOM. WORLD SPORT is next.

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[02:45:00]

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DON LEMON, CNN ANCHOR: So a Federal Appeals Court granting a request to hold off on releasing Trump Administration records to the January 6 Committee. I want to bring in now CNN Contributor John Dean. John Dean is a former Nixon White House Counsel. And Kim Wehle is a professor of law at the University of Baltimore, School of Law. She's the author of "How to Read the Constitution - and Why". Good evening to both of you. Kim, let's see. Let's start with Kim. So the three judge panel in this executive privilege case, they won't hear oral arguments until November 30th. For now, Trump is getting what he wants delay, delay, delay. But what happens if they rule against him? Can Trump go to the D.C. Circuit Court before an appeal to the Supreme Court?

KIM WEHLE, FORMER FEDERAL PROSECUTOR: Exactly. I think that's what will happen, Don. He will, if he loses, which I think he will, given this panel and given frankly the week merit - the weakness of his case. He is essentially saying that his view overrides a president - a setting president's view as to what to do about presidential records.

I think what we'll do is go and ask for rehearing en banc by the entire panel of the judges on the D.C. Circuit. That requires a motion to get rehearing en banc if that's granted, then there'll be another round of motions on the merits of the case by the full D.C. Circuit. And then if they - if he loses there, I think he'll go up to the United States Supreme Court. So this could this could drag on, even though as I said, I really think his case is weak.

LEMON: Wow. This is why I didn't go to law school. So Trump's lawyers are saying without judicial intervention that Trump will suffer irreparable harm, John. What about the irreparable harm to our democracy by not getting to the bottom of his attempted coup?

JOHN DEAN, CNN CONTRIBUTOR: Well, that was one of the arguments that the trial judge blew away that there was no real harm. In fact, she quizzed Trump's counsel during oral argument and want to know what was the harm. And he couldn't say this could send my client to jail as potential harm or ruin his reputation. So he really couldn't come up with a good explanation for how - what kind of harm there was.

So I think there is - the only harm is, as you suggest, to the system into the investigation and getting this information out.

LEMON: All right. I need to take a quick break. And guys stick around? We'll come back on the other side. We'll be right back.

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[02:50:00]

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LEMON: John and Kim, we're back. Thanks for sticking around. Kim, I want to follow up on this question. What do you know about the three judges - Judges Patricia Millett, Robert Wilkins, both Obama appointees and Ketanji Brown Jackson, a Biden appointee. What do you know?

WEHLE: Well, it looks like all three of them, based on their histories, either have experience in the - as a public defender, or in the - one in the United States Justice Department, Civil Division. One who was a federal judge at the lower court and ruled against Donald Trump. These are not - only careful Don not to suggest these are ideologues. It's just that as I indicated before, this is a duel between a sitting president and a former president over official public records. It's not private records. So I think these judges are not going to be persuaded by politics and will rule against Donald Trump given their sort of very solid government service records.

LEMON: But we still have to go through the lengthy legal process, as we pointed out in the segment before, as you laid out. John, the January 6 Committee is demanding the former White House Chief of Staff Mark Meadows appear for deposition tomorrow, or face contempt of Congress.

I mean, does that even have any teeth without a ruling from Merrick Garland on Steve Bannon's contempt charge.

DEAN: It makes it difficult to have teeth when it looks like a pass of the Committee is a pass. I think that Garland at some point will take action on Bannon. They may be considering civil remedies as well as the criminal referral they've got. But I just don't think they can let it pass.

Another thing, Don, I'm not terribly concerned about this delay. There a massive amount of material that has not even been transferred to the archives that's very relevant to this inquiry. There are 100 million e-mails that are still in the executive office building that belong to the Trump team. And those are being sent over in tranches to the archives. They've got to be sorted and examined. That's a lot of e- mail - 100 million. So that process is going to go forward during this downtime, while this was proceeding in court.

LEMON: Listen, your testimony--

DEAN: (CROSSTALK) is right. It's going to - Trump's going to lose.

LEMON: John, your testimony in the Watergate hearings brought down President Nixon when he revealed that he knew about the cover up, right. So when you look at Mark Meadows, if he is compelled to testify under oath, what are the chances that Trump tries to throw him under the bus first?

DEAN: Well, that that goes with the territory if you testify against the president. There was an unrelenting effort to discredit me before I testified.

[02:55:00]

There has been an unrelenting, historically, by Nixon apologist to discount my testimony or to point false fingers at the witness and try to undo the damage I've done to that presidency by just telling the truth.

So Mark Meadows, he knows what he's up against. And he still has political ambition, I believe, and this is why he is obviously not going to waltz in there and easily divulge anything he doesn't have to. LEMON: John Dean, Kim Wehle, thank you so much. I appreciate it. I'll see you guys soon.

Eight days, 31 witnesses, testimony in the Rittenhouse trial wrapping up today with questions of bias and reprimands from the judge. We've got the details after this.

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LEMON: Tonight the testimony phase of Kyle Rittenhouse's homicide trial is over. The defense wrapping up its case. Up next in the trial closing arguments from both sides and the judge's instructions to the jury before deliberations begin.

Also tonight a shocking request by one of the defense attorneys in the trial of three white men.