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Eastman Fights to Keep Emails Private; Biden Meets with Possible Court Nominees; Daniel Baer is Interviewed about Russian Sanctions; Fight for the GOP Primary in Pennsylvania. Aired 9:30-10a ET

Aired February 23, 2022 - 09:30   ET

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

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[09:31:00]

BIANNA GOLODRYGA, CNN ANCHOR: New this morning, right wing lawyer John Eastman, who helped develop former President Trump's false argument that the 2020 election was stolen, is now fighting to keep about 130 emails out of the hands of the committee investigating the January 6th insurrection. Eastman has already turned over thousands of pages of emails, but the emails he wants to keep secret date from January 4th through January 7th of 2021.

CNN law enforcement correspondent Whitney Wild joins me.

Clearly those dates are interesting, the dates of the emails that he wants to keep private. Why these specific emails, though?

WHITNEY WILD, CNN LAW ENFORCEMENT CORRESPONDENT: Well, Eastman claims the 132 emails should stay secret because they are attorney/client communications, attorney/client privileged. This occurred from what he represented Donald Trump in his 2020 presidential campaign.

The House argues that his reasons haven't been good enough to maintain confidentiality under the law. This is the latest revelation in an ongoing court fight over Eastman's emails from his account at his former employer, Chapman University, which the House subpoenaed weeks ago. This batch of emails were generated, as you mentioned, over these key dates, January 4, 2021, through January 7, 2021. These are the documents Eastman might be guarding most fiercely as he tries to fend off the House investigators looking at January 6th.

This news highlights Eastman's legal effort here to prove that he had a formal arrangement to work for Donald Trump as a lawyer for several months in 2022 and then well past the election. Ultimately, Bianna, it's going to be up it a judge to decide if

Eastman has to hand over these records. But just another example of the long list of Trump allies trying to fend off the House Select Committee over records that might be very significant.

GOLODRYGA: Whitney Wild, thank you. We'll have more on this story in the next hour.

CNN has also learned that President Biden has met with at least three candidates in his search for Supreme Court nominee. They are Ketanji Brown Jackson, Leondra Kruger and J. Michelle Childs. His final decision is expected by the end of February, which is next week.

CNN's Ariane de Vogue joins me now with more.

And, Ariane, the interview is a vital step in the process. This is a self-imposed deadline on the president's part.

What are you hearing in terms of who that pick may be?

ARIANE DE VOGUE, CNN CORRESPONDENT: Right. You're absolutely right, he's the one who said that he was going to get this done by the end of February. That's now. That's this week and Monday. So, this pick is imminent.

We know that he has now interviewed these three top contenders and spoken with them. Ketanji Brown Jackson, she sits on a powerful federal appeals court here, Supreme Court Justice Leondra Kruger and Michelle Childs, who is a federal judge out of South Carolina. The White House says that no decision has been made.

But we know that the president has been going through binders and binders of documents. That includes opinions that they may have written, articles, legal briefs they could have filed when they were lawyers, even social media because the one thing that this White House does not want is they don't want any surprises. They want to be able to put forward this new pick and have no more delays because this may be Biden's first Supreme Court pick.

But he's a veteran here. He served for years on this Senate Judiciary Committee. He knows how this process works. We know that Justice Breyer himself is not going to officially retire until the end of June or July. But this new nominee is going to have to hit the ground running because next term there are huge cases on affirmative action, voting rights and even a significant religious liberty case.

GOLODRYGA: A big agenda indeed ahead for them.

Ariane de Vogue, thank you, as always.

DE VOGUE: Thank you.

GOLODRYGA: And still ahead, crisis in Ukraine as the world braces for Russia to launch a full blown invasion. Now businesses here at home are being warned to watch out for potential ransomware attacks in retaliation. We'll discuss up next. (COMMERCIAL BREAK)

[09:39:35]

GOLODRYGA: Well, Russia is now vowing to hit back at new U.S. sanctions with a, quote, finely tuned and painful response. The warning comes as U.S. Officials urge American businesses to watch out for potential ransomware attacks by Russia.

Joining me to discuss is Daniel Baer, former U.S. ambassador to the Organization for Security and Cooperation in Europe. He's now a senior fellow at the Carnegie Endowment for International Peace.

And, boy, do we need international peace right now.

Ambassador, great to have you on.

[09:40:01]

So, you hear this response from Russia, expected, no doubt, but what should Americans be focused on right now in terms of CEOs and everyday Americans at home who are concerned of not only what they will see in their pocketbooks when they pull up to the gas station, but also what they could see when they open up their laptops.

DANIEL BAER, FORMER U.S. AMBASSADOR TO ORGANIZATION FOR SECURITY AND COOPERATION IN EUROPE: Yes, absolutely. And I think the good news here is that not only has the Biden administration been leaning in, in terms of broadcasting the kinds of things that Putin might do on the ground in Ukraine, they've also been working really hard behind the scenes with -- including with our partners and allies, as well as here at home, to prepare for what they fully expect will be a cyber onslaught. They've been -- they've sent Deputy National Security Adviser Anne Neuberger to Europe a couple of weeks ago to work with allies and partners to make sure that they are beefing up their resilience and they're working with CEOs here at home.

It's -- recent polling of the American public shows that cyberattacks are an increasing concern for everyday Americans. Not only on their own privacy and their own computers, but, obviously, we saw the pipeline shutdown, we saw the attack on the meatpacking plant, people increasingly understand that nefarious cyber actors can really damage our economy here at home. And so this kind of resilience building is something that I expect you'll see more talk about in the coming weeks and more efforts put behind in the coming years.

GOLODRYGA: And Russia, as we know, is one of the best in the world in terms of cyber hacking.

In terms of what we have seen thus far from the United States as sort of first tranche of sanctions against Russia, and a coordinated effort, not only with Europe, but there are -- Japan, Asia involved now too.

I'm curious to get your take on whether this had enough teeth, You know, President Biden had been telling Americans for weeks, and months, quite frankly, that they've learned a lot since 2014 and that whatever sanctions would come Putin's way, they would be much stronger. Is that what you're seeing right now?

BAER: I think they are much stronger. There's no question that they're a step change. But they're also a signal about willingness and also the strength of our alliance. And so, you know, the Biden administration is doing a very careful balancing act right now because they're both trying to respond to what has already happened and deliver punishment for that and also to maintain influence over what might happen.

And I think those sanctions that the president announced yesterday do a good job of doing that because they not only raise the stakes they have for the first time, you know, banned this bank that is the fifth largest bank in Russia, not the largest, but it obviously signals that they might go after the larger ones, but it's a bank that has been an instrument of Russian state power. They've gone after the children of elites, et cetera. And so that signals what they might be willing to do going down the road. They've both delivered a punishment and also given a credible threat of more punishment and more severe punishment to come and, obviously, that's an attempt to deliver resistance to Putin's plans and perhaps persuade him to think twice about what he might do next.

GOLODRYGA: And also, in the president's words, keeping the door open to some form of diplomacy.

I'm curious, you know, you've been following Vladimir Putin for many years, I have as well. He's been in power now for 20 years. And many are noticing a change in the man, and not just because he's been in power for so long, but for particularly over the past few years, during the pandemic, he has been more isolated. He's turning 70 this year. He's thinking about his legacy, and he's focusing more and more on restoring Russia's empire and his fascination with Ukraine.

I was struck by a really detailed article in "The Wall Street Journal" talking about the shuttle diplomacy that we saw between western leaders going to visit him quickly in Moscow over the past few weeks. And here's what Emmanuel Macron had said. And he claims to have developed a relationship with Putin over the past few years. And he's noticed a change in his demeanor, when speaking to him on the phone. Over the course of the pandemic, he tended to talk in circles, rewriting history. Mr. Macron found that Putin was more rigid, more isolated and had basically gone into a sort of ideological and security minded drift.

I find that a bit frightening in terms of dealing with the man who many had described previously as more pragmatic.

What do you make of this?

BAER: I agree with you. I think it's quite scary. I think the speech that Putin gave on Monday night was almost more surprising than the action that he took afterwards in the sense that it was so deeply laced with antipathy and loathing for Ukraine and its people and with this kind of obsession with relitigating a century of history with kind of perverted versions of it. It was not the speech of a confident or kind of rational leader. It was very strange, really.

And I think that's very scary. I think once we get out of or, you know, once we get through the next few weeks or months, we're going to have to reckon with the fact that for the foreseeable future Russia is going to be led by a man whose sanity cannot be fully counted on. And that's very frightening, obviously.

[09:45:01]

GOLODRYGA: His obsession with the past and his version of some warped history in his mind that no one else can seem to understand.

Ambassador Daniel Baer, great to have you on. Thank you.

BAER: Thank you.

GOLODRYGA: Straight ahead, the GOP primary race for Pennsylvania's U.S. Senate seat. It has star power and a lot of money. But there is one man who could make all the difference. We're live up next.

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GOLODRYGA: Right now, a celebrity doctor, a hedge fund CEO with ties to Donald Trump, and a former ambassador in the Trump administration are all fighting to win the Republican primary in the race for Senate in Pennsylvania.

[09:50:06]

And as Jessica Dean reports, this very expensive battle and this crucial election could decide which party controls the Senate.

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JESSICA DEAN, CNN CONGRESSIONAL CORRESPONDENT (voice over): The GOP primary for Pennsylvania's open Senate seat has it all, star power, high stakes, and a lot of money. With three months left to go, it's already shaping up to be the most expensive Senate contest in Pennsylvania's history, with wealthy candidates and outside groups all pouring money into the race.

DAVE MCCORMICK (R), PENNSYLVANIA SENATE CANDIDATE: Now I'm running for the U.S. Senate to find the woke mob hijacking America's future.

UNIDENTIFIED FEMALE: Dr. Oz is a conservative outsider who will take on the Washington establishment.

CARLA SANDS (R), PENNSYLVANIA SENATE CANDIDATE: I'm Carla Sands and I'm a MAGA conservative.

DEAN: On the Republican side, some $35 million has already been spent to flood the airwaves. The two candidates leading the way are celebrity Doctor Mehmet Oz --

DR. MEHMET OZ (R), PENNSYLVANIA SENATE CANDIDATE: How many think Washington got it wrong with Covid? CROWD: Yes!

DEAN: And Army veteran and former hedge fund CEO Dave McCormick.

MCCORMICK: And I'll fight for the people of Pennsylvania.

DEAN: Both of whom are running for office for the first time and already hitting each other hard in attack ads.

UNIDENTIFIED FEMALE: First, China sent us Covid. Then, David McCormick's hedge fund gave Chinese companies billions.

MCCORMICK: When Mehmet Oz questions my patriotism, he's crossed the line.

DEAN: As a swing state that voted for Trump in 2016 and Biden in 2020, Pennsylvania could be the key to who controls the Senate. Former Pennsylvania congressman and CNN contributor Charlie Dent says Republicans will need independent voters and potentially even some Democrats to win.

CHARLIE DENT, CNN CONTRIBUTOR: Republicans have to be concerned that they do not nominate somebody who would seem well outside the mainstream. If they do, Pennsylvania could easily go Democrat.

DEAN: But first the candidates must win the Republican primary, which means appealing to the former president's base.

CROWD: Let's go Brandon.

DEAN: McCormick aired this ad during the Super Bowl. He's married to former Trump White House official Dina Powell and a number of Trump White House alumni are part of his campaign. Carla Sands has emphasized her ties to the Trump administration. She served as ambassador to Denmark.

SANDS: I am the only candidate in this race for the U.S. Senate in Pennsylvania who actually worked in the Trump administration.

DEAN: Meantime, Oz is on a nontraditional campaign path, recently taking time off the trail to accept a star on the Hollywood Walk of Fame and using his celebrity and name ID to pull people into his campaign stops.

OZ: One, two, three, Oz.

DEAN: Oz, McCormick and Sands skipped a debate Monday night and have been called out by rival Jeff Bartos, the 2018 Republican nominee for lieutenant governor.

JEFF BARTOS (R), PENNSYLVANIA SENATE CANDIDATE: I don't understand how these political tourists, these out-of-staters don't show up to debates.

DEAN: McCormick was born and raised in Pennsylvania while Oz went to medical school here, but both men have lived out of state until recently.

MCCORMICK: With these guys, I'll always remember where I came from.

DEAN: Now both are playing up their Pennsylvania pedigrees.

OZ: The values we have to have to make wise decisions are found in places like Erie, Pennsylvania.

(END VIDEOTAPE)

DEAN: Sources tell me that as of right now, former President Donald Trump is unlikely to weigh in with an endorsement in this race. Of course, that can always change. But as of now, that is the current thinking.

Trump had previously endorsed a candidate named Sean Parnell, but he dropped out back in November after a judge ordered sole, physical custody of his children to his estranged wife.

But, Bianna, that certainly knocked this race wide open. And we'll see how it develops. They're looking at a spring primary in May.

GOLODRYGA: Yes, a fascinating, high-profile race. We'll continue to follow.

Jessica Dean, thank you.

And still ahead, the CDC just updated guidance on how long you can go between your first and second doses of a Covid vaccine. We'll tell you in a live report up next.

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[09:58:30]

GOLODRYGA: New this morning, the CDC is updating how long certain people can go between their first and second doses of a coronavirus vaccine. The agency now says most people can wait as long as eight weeks between doses of Pfizer or Moderna's vaccine, but it still recommends a three or four week interval for the immunocompromised and those over the age of 65.

CNN's senior medical correspondent Elizabeth Cohen joins me now to discuss.

So, Elizabeth, what prompted this change out of the CDC?

ELIZABETH COHEN, CNN SENIOR MEDICAL CORRESPONDENT: So, Bianna, if you remember when the vaccines, you know, first came out and were being studied, they weren't exactly sure what the ideal timeframe would be between the first two shots. Now that we have more than a year of widespread use, they can say, you know what, we've discovered a few things. And I think the main goal here is to reduce the risk of myocarditis. That's a very rare side effect of the vaccines. It's inflamed heart muscle. It typically goes away really easily. But, still, it's better to decrease the risk of it. Also, having this longer interval might actually help the immune

system. It might actually work better.

So, let's take a look at what they're looking for.

So, this is for folks who are ages 12 to 66 right now what the interval between the first two shots -- between the two shots are, for Pfizer, three weeks, for Moderna, four weeks. This update says, you know, for Pfizer, you can wait three to eight weeks. For Moderna you can wait four to eight weeks. Again, as you said, if you're immunocompromised or if you're over the age of 65, then you should stick to the original plan.

Bianna.

GOLODRYGA: Elizabeth Cohen, thank you, as always. We appreciate it.

[10:00:08]

JIM SCIUTTO, CNN ANCHOR: A very good morning to you. I'm Jim