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Russian Military Forces Continue Invasion Of Ukraine; Russian Soldiers Attack Peaceful Protestors In Ukraine; Russian Forces Launch Series Of Strikes Targeting Key Oil Refinery In Central Part Of Ukraine; Will Smith Resigns From Academy Of Motion Picture Arts And Sciences; Ukrainian Forces Retake City Of Irpin After Its Devastation By Russian Forces; Presidential Diarist Tells January 6th Committee That President Trump Was Providing Fewer Details About His Calls And Visits In Days Before Capitol Insurrection. Aired 2-3p ET

Aired April 02, 2022 - 14:00   ET

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

[14:00:00]

KYUNG LAH, CNN SENIOR NATIONAL CORRESPONDENT: And they're not the only ones. The Ministry of Health here in Poland says 197 children have been born here in Poland since this war began.

Kyung Lah, CNN, Warsaw, Poland.

(END VIDEO TAPE)

FREDRICKA WHITFIELD, CNN HOST: Thank you. And thank you so much for joining me today. I'm Fredricka Whitfield. Jim Acosta is next.

JIM ACOSTA, CNN HOST: You are live in the CNN NEWSROOM. I'm Jim Acosta in Washington, and we begin with a new warning from a Ukrainian presidential adviser who says the days ahead in his country will not be easy. Also right now, a frightening reminder that even peaceful resistance comes at a cost.

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(GUNFIRE)

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ACOSTA: Shocking new video from Ukraine shows protesters of the Russian occupation running for their lives when Russian forces disperse them with explosions and gunfire. Let's show it to you from another angle right now.

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(GUNFIRE)

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ACOSTA: Stunning footage. At least four people were injured there. Also today, Russian forces targeting a major Ukrainian oil refinery that was being used to supply troops. It comes just one day after the Kremlin accused Kyiv of a strike that blew up a fuel depot on Russian soil. Ukraine will neither confirm nor deny their involvement in that.

In the meantime, we are getting a clearer picture of the horror left behind as Russian troops move out of some areas. Warning, these images are very graphic, bodies lining the streets on the outskirts of Ukraine's capital, one person apparently killed while riding a bicycle. This is the result of five weeks of near constant, intense firefights. And it is near also the site of the Antonov Airport. The Russians stormed it on the first day of the war, and this is what it looks like now after Russia retreated.

Russia's siege of Mariupol, we should note, is unrelenting, conditions there unlivable, and yet 100,000 people are still trapped. Local officials say Russian troops are not allowing aid into the city, and getting out is just as difficult. A Red Cross committee left for Mariupol hoping to aid in evacuation effort.

Now Putin's unprovoked war is starting to affect his own people. Look at this just incredible video here. Video shows utter chaos inside Russian stores as people try to get their hands on sugar and anything else that they can as sanctions are sinking in.

CNN's Ed Lavandera joins us now from the port city of Odessa in southern Ukraine. Ed, we just showed for our viewers video of crowds being dispersed by gunfire and explosions, in one Russian controlled Ukrainian town really dramatic footage. It just goes to show you what people are having to deal with when the Russians come in and take over an area and are essentially in charge and the people try to rise up. Tell us what happened.

ED LAVANDERA, CNN SENIOR NATIONAL CORRESPONDENT: Well, this happened in a small town near Zaporizhzhia, which is, incidentally, where so many of those people still trapped in places like Mariupol are trying to escape to. This particular small town not too far away from there is still under Russian control.

And we see these videos emerging today from this protest from the Ukrainian state nuclear state agency who had a view of what happened there in the square. So imagine the bravery of Ukrainian citizens coming out to protest the occupying Russian forces there in that city. And after a while during that protest, we are told that flashbangs and gunfire was unleashed on the protesters there in that square, four people were injured, several people taken to the hospital with burns.

But clearly, a terrifying message from Russian forces there in that country against anyone willing to come out there to protest the occupation of that city. And it shows you just how volatile and dangerous the situation remains in some of these areas in southeast Ukraine that are still under Russian control.

ACOSTA: We are still watching the footage, Ed, and it is just remarkable, looking at it from different angles, as to what is being done to the people in various parts of Ukraine, Russian-controlled Ukraine. And you just don't, I guess, fully grasp what people are going through until you see these images finally getting out of certain areas, so it is just remarkable to see this. And Ed, a top military official in Odessa says Russians launched

several missile strikes into that region yesterday, closer to where you are. What can you tell us about that?

[14:05:00]

LAVANDERA: Absolutely. And to your point there, imagine, these are the images that we can see. It's hard to get some of these images out of a place like Mariupol where so many people are still trapped, and they can't even get humanitarian corridors out of there. So another thing to keep in mind there.

But also, there are strikes that are continuing to happen in other parts of the country, including here in the southern part of the country. Odessa, of course, as we've reported, a key port city, last night, about 24 hours ago, three missiles were fired at the Odessa region here, according to military officials here in Ukraine, from the Crimean Peninsula.

One military official has said that there were some wounded on the ground. The extent and the clarity of exactly what happened still has not quite emerged just yet. But then another Ukrainian military official is saying that the intended targets of these missile strikes were not hit.

So clearly, these strikes continue to happen in targeted specific areas, but there is not a whole level of detail as to exactly what the outcome of all of this was, Jim.

ACOSTA: All right, Ed Lavandera, thank you very much for that live report. We appreciate it.

And joining me now is a Ukrainian air force pilot who goes by the call sign "Moonfish," which we are using to protect his identity. Moonfish, thank you very much for joining us, we appreciate it. We have seen how ruthless the Russians have been when it comes to bombing civilian areas, when it comes to schools, hospitals, apartment buildings. On a personal level, what has it been like for you to see that level of destruction from the sky as you try to protect innocent people?

"MOONFISH", UKRAINIAN AIR FORCE PILOT: Well, again, I will repeat myself, it is heartbreaking. We are, we are being vastly outnumbered by their jets, and they have pulled out from the territory lots of surface-to-air missiles, and this is basically why those areas for us are unreachable at the moment. And it is really hard to see that.

ACOSTA: And we were just showing some dramatic footage in one Ukrainian city that is controlled by the Russians, and they are using explosives and all sorts of things to scatter protesters, people who are trying to rise up as part of a resistance. If there is a way to show some of that footage again, we can talk about it one more time. Here it is. Moonfish, I am wondering, would it help if the Ukrainian air force, if Ukrainian pilots such as yourself had access to more aircraft, would you be able to take the fight to the Russians and perhaps prevent some of this what we are seeing in some of these areas, take back some of these Russian-controlled parts of Ukraine? MOONFISH: Yes, definitely. So by obtaining more ground-to-air defense

and fighters, we will be able to keep their bomber jets, fighter jets away from our territory, and thus, we will create better, better ground for our ground forces, so for them to advance and take back control of the cities. And we are looking forward for that.

ACOSTA: And Russia is accusing Ukraine of an air strike that blew up a fuel depot on Russian soil. Perhaps you have seen some of this in the news over the last couple of days. Your country will not confirm nor deny this attack, but if it does turn out to be a Ukrainian strike, how do you feel about that kind of move, attacking Russia on its own turf, taking the fight to the Russians?

MOONFISH: Well, yes, I have seen that footage. It is really hard to say. It was early morning hours and really hard to say whose helicopters those were, but if it indeed were Ukrainian helicopters, I would not, like, I would not regret it. They are doing it every day and night, and they are ruining our infrastructure. And I believe that depot is really close to Kharkiv. It is really close to Kharkiv, and they are probably using it to fuel their tanks.

ACOSTA: Right. And that has been a huge part of this, those Russian tanks coming into various parts of the country, especially in the eastern part of Ukraine.

British intelligence, as you know, Moonfish, says Russian soldiers are short on weapons and morale, that the Russians are refusing to carry out orders, in some case sabotaging their own equipment, even accidentally shooting down their own aircraft. Have you seen some of these reports? Does some of that surprise you? And have you've been able to see any signs of this from the skies? Are you seeing abandoned Russian equipment? And what does that looklike when you see it from above?

[14:10:06]

MOONFISH: Honestly, I have not seen lots of that equipment from the sky, from flying out there. First of all, because those areas are, like I mentioned, highly congested with surface-to-air missiles of their own. And secondly, I can clearly see their bombers often are either unable or maybe don't want to choose like real good military target, which is part of military infrastructures, or troops.

They often drop stupid bombs from like 6,000, 8,000 meters, and you cannot hit exactly that. They clearly are afraid surface-to-air, of MANPADS. They have had a lot of losses from it. And it clearly shows their low morale to choose that tactic among the pilots.

ACOSTA: No question about it. And moonfish, finally, it's been more than month now into this war. Have you had a chance to think about everything that has happened to your country? What are your thoughts now that your country is now a month into fight, doing quite well? The whole world has just been inspired by the courage of the Ukrainians and people like yourself, but, you have seen so much destruction on your end of thing, what are your thoughts? MOONFISH: Well, I actually have a lot to say about that. I have some

message, which is this evil man with the red button, and his regime will not stop in Ukraine. His regime and army will not be defeated here right now in Ukraine, and over the pressure of sanctions, over their military defeat on Ukrainian soil, is the only way to do that. Because if not, they will continue to -- they will be a threat to the entire world.

And with that said, I think that the most wise thing to do for the rest of the world, for the United States, for NATO countries, would be to arm us to the teeth so that we can fight them and eventually take back their territories. I think our victory combined with sanction pressure, they will collapse, that will crush them. And until that happens, us and the entire world will be living in a constant threat.

ACOSTA: All right, Moonfish, many thanks to you for what you do. Good luck in the skies. Thanks very much for your time. We appreciate it.

Coming up, Will Smith resigns from the academy after slapping Chris Rock, his emotional statement, plus reaction from legendary Hollywood director, there he is, Rob Reiner. He joins us next.

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[14:17:37]

ACOSTA: Almost a week after he slapped Chris Rock in the face at the Oscars, actor Will Smith has resigned from the Academy of Motion Picture Arts and Sciences. In a statement he says, in part, quote, "My actions at the 94th Academy Awards presentation were shocking, painful, and inexcusable. The list of those I have hurt is long.

It includes Chris, his family, many of my dear friends and loved ones, all those in attendance and global audiences at home. I betrayed the trust of the Academy. I deprived other nominees and winners of their opportunity to celebrate and be celebrated for their extraordinary work. I am heartbroken. I am resigning from membership in the Academy of Motion Picture Arts and Sciences and will accept any further consequences the board deems appropriate."

CNN's Chloe Melas has more.

(BEGIN VIDEO TAPE)

CHLOE MELAS, CNN ENTERTAINMENT REPORTER: It has become one of the most famous and controversial moments in Oscars history.

CHRIS ROCK, COMEDIAN: Will Smith just smacked the -- out of me.

MELAS: It wasn't just Oscars viewers who initially thought the moment Will Smith slapped Chris Rock might have been staged. The man running the entire show, first-time Oscars producer Will Packer, says in a new interview with ABC's "Good Morning America" that he thought so, too.

WILL PACKER, OSCARS PRODUCER: I thought it was a bit. I thought it was a bit just like everybody else. Once I saw Will yelling at the stage with such vitriol, my heart dropped.

MELAS: Packer says he rushed over to Rock as he exited the stage.

PACKER: I said, did he really hit you? And he looked at me, and he goes, yes. He goes, I just took a punch from Muhammad Ali, as only Chris can. He was immediately in joke mode, but you could tell that he was very much still in shock.

MELAS: Smith played the Boxer in the 2001 film "Ali." CNN has obtained new video from a seat filler inside the Oscars showing a new angle of the incident, this time filmed from behind Smith's wife Jada Pinkett Smith. Packer says that Los Angeles police were prepared to arrest Smith that night.

PACKER: And they were saying this is battery, we will go get him, you can press charges, we can arrest him. As they were talking, Chris was being very dismissive of those options. He was like, no, I'm fine.

MELAS: The Academy of Motion Pictures Arts and Sciences released a statement earlier this week, stating that they asked Smith to leave and he refused, a source telling CNN that Academy leaders had told Smith's publicist to deliver the message to the actor.

[14:20:04]

Now Pakcer is saying Chris Rock did not want Smith removed from the show.

PACKER: They were about to physically remove Will Smith. I said Rock has made it clear that he does not want to make a bad situation worse.

MELAS: Packer praised Rock for how he handled the situation.

UNIDENTIFIED MALE: Did he save the show that night?

PACKER: I think that he did. I think that he did. He certainly saved what was left of it at that point.

Chris handled the moment with such grace and aplomb.

MELAS: Rock told fans during his standup show in Boston this week that he is still processing what happened.

CHRIS ROCK, COMEDIAN: So at some point I'll talk about that -- and it'll be serious, it'll be funny.

MELAS: Thursday he faced a heckler who yelled "F Will Smith." According to people, Rock repeatedly told the audience member no.

The Academy says that they are still going to have consequences for Will Smith's actions and that they are going to announce that around April 18th. So what could that mean? It could mean that the Academy bans Will Smith from attending the Oscars ever again. The fact that Will Smith has resigned means that he can no longer be a voting member in the Academy, so he can't vote in upcoming awards shows. Could he still be nominated for an Academy Award? That's left to be seen. (END VIDEO TAPE)

ACOSTA: And joining me now is legendary Hollywood director Rob Reiner. Rob, great to see you. Your reaction to Will Smith resigning, does that go far enough, do you think?

ROB REINER, FILMMAKER AND ACTIVIST: Well, the Academy is going to decide whether or not he is banned forever, whether they're going to let him vote, I guess now, whether or not he can get an Oscar, receive another Oscar. But these things, who cares? The only thing that matters here is the fact that one guy hit another guy, and you can't do that. You can't do that. The golden rule, do unto others. You just don't use violence to settle disputes. It just doesn't happen.

So we have had a lot of crazy things happen in the Oscars show over the years. David Niven was giving an award, a streaker came out, a guy naked. We had Sally Field saying you like me, you really like me. We also had Warren Beatty and Faye Dunaway announcing the wrong winner. So lots of stuff has happened. But this is the one thing that I think will, I hate to use the expression, Trump them all in that it's violence, it's violence. There's just no place for it on the television show, on the street corner, anywhere. You just don't settle the problems that way. And --

ACOSTA: Yes.

REINER: He said that he was sorry, and he should be.

ACOSTA: No question about it. There are so many better ways he could have handled it. He could have walked up and said, Chris, don't insult my wife that way, she has this condition, and this is what it is. He could have done so many other things besides hit Chris Rock. And before we move on to other thing, what about the Oscar for "King Richard," should he keep it?

REINER: Oh, yes. That is his work in a film, that is his artistic achievement in a film. So fine, let him have an Oscar. But he is not going to be prosecuted, and that would have been the right thing, I think. A guy, you hit somebody, you should hold people accountable for that. But Chris Rock just said, I am not going to press charges, so that is fine. It'll go away. What won't go away is the fact that it happened. And that will be remembered forever.

ACOSTA: No question about it.

One more thing I did want to ask you about, because I know you know so many of the folks in the audience, but I was just wondering you're your reaction was to Will Smith getting that standing ovation when he received the Oscar. Wanda Sykes commented on this. Listen to what she had to say.

(BEGIN VIDEO CLIP)

WANDA SYKES, COMEDIAN: For them to let him stay in that room and enjoy the rest of the show and accept his award, I was like, how gross is this? This is the wrong message. You assault somebody, you get escorted out the building, and that's it.

We were the hosts, right. So we were, and this is our house, and we are inviting you in, and we are the hosts, and we are going to take care of you all tonight and make sure you have a good time. And no one has apologized to us, and we worked really hard to put that show together. So I am like -- I am like, the industry itself, I'm like, what the hell is this?

(END VIDEO CLIP)

ACOSTA: What do you think, Rob, do you agree, what is the hell is this?

REINER: Hundred percent with Wanda Sykes. Everything she said is exactly spot-on.

ACOSTA: Yes.

[14:25:00]

I wanted to ask about the sad news about Bruce Willis. He's an icon, he's a legend in Hollywood. You actually directed him back in the 90s for the movie "The Story of Us." He's stepping back from acting as he battles a neurological condition, aphasia, which affects his ability to understand and communicate. Apparently, reportedly he was having some trouble on movie sets leading up to this. Do you have favorite memory of working with him? What are your thoughts on this very sad news?

REINER: It is really sad, and Bruce is a good guy. And I have had very good experiences with him. I've enjoyed working with him. I recall that we did an adaptation of "Misery," the film I made "Misery" for the stage, and he played the part that James Caan played in the movie.

And I remember that he couldn't, he had to have an ear wick in his ear because he couldn't remember the dialogue and he had to have the dialogue fed to him, and I found that kind of strange. But I didn't know anything about that. Maybe that was the beginning early on of what he has now. But it is really sad, and he is good guy. And it is just very, very sad.

ACOSTA: Very sad. And our hearts go out to him and his family. It is amazing how his family has rallied around him, people like his ex-wife Demi Moore.

Rob, let me talk to you about stuff that I know you enjoy talking about and you're passionate about. You have devoted so many of your years in California to politics. I know that you have strong feelings about the January 6th investigation. You were tweeting about this earlier this past week, and you tweeted "Attorney General Merrick Garland, the ball of Donald Trump's criminal attempt to overthrow the United States government is in your court, growing mold and covered in cobwebs."

Are Democrats, what's your read on Democrats and how people are losing patience with this investigation, that's just taking too long? Garland did say yesterday, he was asked about this, and the only pressure that he says the Department of Justice feels is to do the right thing and to follow the facts and the evidence where they lead. What is your response to that?

REINER: Well, I understand the frustration. I, myself, am frustrated, because we saw a president of the United States break laws. We know that laws were broken, so you want to see those prosecuted. So I understand the frustration.

But I also understand that the Justice Department was to be refurbished, in a way, and have distance between Biden and the Justice Department, they have kept that distance. And I would like to believe that DOJ Attorney General Garland is crossing every t and dotting every i, because there has never been in the history of the country a former president indicted for federal crimes. So, you better be damn sure when you do that, that you are going to be able to convict.

You don't want to go down that road. It's a political third rail, it's a hot potato, whatever you want to call it, but I still am holding out hope that he will do that, because you cannot have a democracy if you don't respect the rule of law and the Constitution. So you may have political problems with this, but if you don't prosecute it, you are going to have bigger political problems in that you are going to lose your democracy.

That's the fear. And I know that Attorney General Garland is weighing those things very carefully. But I am hoping at the end of the day, we have to send a signal, you cannot break the law, and you cannot try to overturn a fair election. You cannot try to overthrow the government. And if you do, you must be prosecuted. So let's see. We know what is out there, we know what has happened. Let's see if he will ultimately prosecute.

ACOSTA: Yes, as the expression goes, no one is above the law, and I think that is going be put to test depending upon what happens, ultimately, with this investigation.

Rob Reiner, great to talk to you, as always. Thanks for coming on. We appreciate it.

REINER: Thanks, Jim.

ACOSTA: Good to see you.

Coming up, Putin's attacks intensifying. We will take to you one of the most contested battlegrounds in all of Ukraine and what our CNN crew witnessed. That's next.

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[14:34:21]

ACOSTA: It is the small suburb that stood up to the world's second largest military. Ukrainians regaining full control of Irpin this week, but with Russian forces still nearby, the fight is not over. Our own Fred Pleitgen made the dangerous journey back to Irpin to survey the damage, and here is what he found.

(BEGIN VIDEO TAPE)

FREDERIK PLEITGEN, CNN SENIOR INTERNATIONAL CORRESPONDENT: There is no safe way to get into Irpin. The only feasible route is on the back of a police special forces pickup truck on dirt paths. But even here, the earth is scorched after Russian troops shell the trail.

Ukrainian forces are taking us into this area on back roads, because they say taking the main roads is simply much too dangerous. They want to show us the damage done when Russian forces tried to enter Kyiv.

[14:35:08]

Ukrainian authorities say this is still one of the most dangerous places in this war-torn country and we immediately see why. We are driving right towards an area engulfed in smoke from artillery shelling. This is where Russian forces tried to push into Ukraine's capital but were stopped and beaten back by the underdog Ukrainians. The battles here are fierce. Authority say 50 percent of the city has been destroyed, to us that number seems like an understatement.

We have to keep moving quickly, because this place can get shelled anytime.

Ukraine's National Police now patrols Irpin again, but their forces frequently come under fire, the chief tells me. Just yesterday, our officers who were searching for dead bodies, they were shot at with mortars, he says. They had to lay under the bridge and wait for it to stop.

But the grim task of finding and taking out the many dead continues. More than two dozen on this day alone. Some have been laying in the streets for weeks and can only now be removed.

When Russian forces invaded Ukraine, they quickly advanced on the capital Kyiv all the way to Irpin. Here, the Ukrainians stood and fought back.

Vladimir Putin's army controlled large parts of Irpin and the battle laid waste to much of this formerly wealthy suburb. And this was the epicenter where we find burned out Russian trucks and armored vehicles.

So this is the area where some of the heaviest fighting took place in the Irpin. And as you can see that there was a Russian armored vehicle which was completely annihilated. We do have to be very careful around here because there still could be unexploded munitions laying around.

We meet Volodymir Rudenko, a local resident who says he stayed and took up arms when the Russians invaded. Always, there was not a single day when I left town, he says, even during the heaviest fighting. It must have been difficult, I asked. Just so you understand, he says, once there were 348 impacts in one area in one single hour.

And the battle here is not over. Suddenly, Irpin's mayor shows up with a group of Special Forces saying they're looking for Russians possibly still hiding here.

I asked him how it's going. We're working, he says, there's information that there are two Russian soldiers dressed in civilian clothes, with our group, we're going to clean them up.

Ukrainian forces say, they will continue the fight and further push Russian forces away from their capital. The Deputy Interior Minister saying they need the U.S.' support to succeed.

What do you need from the United States?

YEVHEN YENIN, UKRAINE DEPUTY INTERIOR MINISTER: Everything, military support, first of all.

PLEITGEN: Weapons to help the Ukrainians expel the invading army, they hope, and finally bring this suburb out of the reach of Vladimir Putin's cannons.

Fred Pleitgen, CNN, Irpin, Ukraine.

(END VIDEOTAPE)

ACOSTA: Coming up, new details in the January 6th investigation, what a White House diarist told the House Select Committee about the former president's activities ahead of the capital insurrection, next.

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[14:43:03]

ACOSTA: We have new details the on the January 6th investigation. Sources telling CNN Donald Trump's presidential diarist testified to the House Select Committee that in the days before the insurrection, White House officials started providing fewer details about Trump's calls and meetings. CNN also learning there was significantly less information being shared with the White House recordkeepers who were basically, quote, iced out. From one source that last day that normal information was sent was the 4th, so starting the 5th, the diarist didn't receive the annotated calls and notes. This was a dramatic departure. That is all out of the ordinary.

And joining me now to talk about this, CNN senior legal analyst, Elie Honig. Elie, this also fits into a pattern of Trump flushing things down to toilet, gaps in call logs, trying to block the records from the committee, there is just all of this obfuscation, secrecy, trying to hide the record from the public when it comes to January 6th and the days leading up to January 6th. But why might the testimony from the diarist be significant, do you think?

ELIE HONIG, SENIOR CNN LEGAL ANALYST: Well, Jim, as you say, the Trump White House never set the gold standard when it comes to record retention, to say the least. The question is, is this different than just the ordinary, run of the mill sloppiness that came to characterize the Trump White House. And so the question here is going to be was there some conscious effort to try to keep things off of the books in those really crucial days leading up to January 6th? And the evidence, the reporting here seems to indicate that there was.

And if so, if somebody made a conscious decision, hey, let's keep this off of the records, that goes to what prosecutor's call consciousness of guilt, and that is just the sort of ordinary, commonsense notion that you only hide something if you have something to hide. So if that can be proven out, that can be really important evidence of intent that I'm sure investigators are going to be interested in.

ACOSTA: And Elie, the first member of the Trump family, his son-in-law and former adviser Jared Kushner, spent six hours before the committee this week voluntarily.

[14:45:05]

No details are really out yet about what he shared, only a comment from one panel member on the committee who said that Kushner was, quote, valuable. What is your take on that?

HONIG: Well, I'm actually intrigued by the potential value of Jared Kushner as a witness. First of all, six hours is a long time. He went in voluntarily. He did not take the Fifth. A lot of other advisers around Donald Trump took the Fifth. And he always kept himself a bit separate from the whole big lie and from January 6th itself. He wasn't even physically present in the country in the days leading up to it.

So I would approach Jared Kushner if I was doing the investigating here as a witness, as a well-placed inner circle witness, and I would want to know everything he knew about what other key players were doing, Mark Meadows, Dan Scavino, Steve Bannon, maybe even his own wife, Ivanka Trump. I would try to use Jared in this case as a witness. If he is willing to fully come clean and be truthful, he could be a really important witness.

ACOSTA: And of course, his wife, Ivanka Trump was with the president, her father, all day long, or a good portion of the day on January 6th, key parts of January 6th.

And Elie, the January 6th investigation has now been formally expanded to include people who helped plan and fund the rally that preceded the insurrection. What does this tell you about the direction the investigation is going, that they're not just looking at the events of that day?

HONIG: Well, Jim, for the first time we are seeing the tangible indicator that the Justice Department is moving above literal ground level. Of the 700 plus prosecutions we have seen so far, every single one of them except one person was physically present at the Capitol. And the question has always been, are they going to get beyond that. So this is progress.

But this is not Merrick Garland drawing a red circle around Donald Trump and aiming right at the boss. That has been part of the criticism of Merrick Garland. Just yesterday, again, Merrick Garland said the same thing he's always said. We start at the bottom and we build up. That's a common refrain. But I have to say, with all due respect to Merrick Garland, that is not really true. Prosecutors don't have to start at the bottom. A good aggressive prosecutor, you say, where does the evidence lead me. If it leads me to someone up top, you shoot at the top. So I think that is some of the criticism and the frustration of Merrick Garland. But here we are 15 months after the fact, DOJ is doing its job, but it is doing it very slowly, and it's not clear they are on a path to ever get to Donald Trump.

ACOSTA: And Elie, sources tell CNN the committee, the January 6th committee will seek an interview with Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas because of text messages that she sent to the then White House Chief of Staff Mark Meadows, including this one, and there are so many to put up, but we'll just put up this one. "Do not concede. It takes time for the army who is gathering for his back."

Your thoughts on bringing in Ginni Thomas, and specifically your thoughts on the refrain, the notion that, well, the wife of a Supreme Court justice, she ought to have any opinions that she wants to have. What is the big deal? Obviously, it is a big deal when your spouse is a Supreme Court justice who is overseeing cases that pertain to an insurrection and an attempt to overturn an election, but your thoughts?

HONIG: Ginni Thomas is entitled to have any opinion she wants. What's different here is now she is a witness. Now we see her urging Mark Meadows to take action, and so that puts her in a different category where her conduct has made her a relevant witness.

With respect to Clarence Thomas, he should have been recusing himself, pulling himself off of any case to do with January 6th, he should do that going forward. He has not done that. Unfortunately, there is no way to force a Supreme Court justice to do the right thing.

ACOSTA: That's certainly the case. All right, Elie Honig, thank you very much, good to see you. Been too long. We appreciate it.

HONIG: Thanks, Jim.

ACOSTA: All right, thanks so much.

Coming up, why the U.S. is now preparing for a record-breaking surge of migrants at the southern border. We will talk about that next.

(COMMERCIAL BREAK)

[14:53:30]

ACOSTA: U.S. officials along the border with Mexico are bracing for a surge of migrants in the coming weeks. Next month the Biden administration will end a Trump era pandemic rule that allowed border officials to turn away migrants from entering the U.S. citing the public health crisis. CNN's Polo Sandoval joins me now from McAllen, Texas. Polo, how many people are expected? What's being done to prepare? Tell us more. POLO SANDOVAL, CNN CORRESPONDENT: Well, Jim, there is certainly no

shortage of concern right now about this predicted spike in the number of undocumented families that are showing up at the border seeking and requesting asylum. Just consider the numbers alone that were laid out by the DHS secretary just yesterday alone here on CNN, basically saying that they're seeing an average of about 7,000 people a day throughout the border basically presenting themselves, seeking asylum. Out of those, according to the Alejandro Mayorkas, the secretary of DHS, about half of them are expelled back south of the border.

So because of Title 42, this public health authority that has been in place since the Trump administration carried over into the Biden administration, as you just mentioned a little while ago, too, Jim, it's going to be basically coming to in about six or seven weeks, they have at least provided a little bit of cushion here.

However, for the last two years of the pandemic, you have seen these migrant families that have been accumulating just south of the ports of entry like the one we're at here in Hidalgo, Texas. And the concern along the northern side of the border is that perhaps the infrastructure is now quite there to begin to resume those operations as well. And that's what has people largely split on the U.S. side of the border.

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You have many of the humanitarian groups that help these families that are applauding the Biden administration, the CDC's announcement. But then you have others, Jim, as well that are criticizing it. So we're really going to have to see what happens after late May when that Title 42 provision is eliminated and again, it resumes standard intake we begin to see the large amount of families coming across the border, again, exploring that legal path to asylum.

ACOSTA: OK, Polo Sandoval, thank you very much for that report.

Coming up, one man's incredible story of escaping the besieged Ukrainian city of Mariupol. What he saw on the ground, plus his close encounter with Russian soldiers.

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