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Trump Seeks Special Master to Review Seized Documents; DOJ Subpoenas National Archives; Schumer's Close Call with Proud Boy; Democratic Face Off in New York; Today Florida, New York and Oklahoma Hold Primaries. Aired 9-9:30a ET

Aired August 23, 2022 - 09:00   ET

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

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[09:00:49]

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

POPPY HARLOW, CNN ANCHOR: And I'm Poppy Harlow. So glad you're with us.

Former President Trump's team taking its first legal action since the FBI search at his Mar-a-Lago residence two weeks ago. They are now asking a federal judge to appoint a special master, that's an independent third party, to review what the FBI seized at his Florida estate. Trump also wants a more detailed receipt of what was taken by the feds, and for the government to return any seized documents that were, quote, not within the scope of the search warrant.

SCIUTTO: While Trump attempted to get his hands on those records, investigators are trying to track down additional surveillance footage from Mar-a-Lago. According to "The New York Times," this marks their second demand for security video of activity around where those documents were stored, leading up to the FBI's search.

And, in a CNN exclusive, we have learned the Justice Department has issued a new grand jury subpoena to the National Archives. They want more documents in the investigation into the January 6th attack on the U.S. Capitol.

Let's begin with the fallout from the FBI's search of Mar-a-Lago. CNN's senior crime and justice reporter Katelyn Polantz following with the latest.

So, Katelyn, explain the president's latest request here, the former president.

KATELYN POLANTZ, CNN SENIOR CRIME AND JUSTICE REPORTER: Well, Donald Trump here, in his court filing yesterday, the first time his team has spoken in court after the Mar-a-Lago raid, or search, is -- he's essentially asking for a delay or a pause to be placed on whatever the Justice Department is doing with the boxes, the evidence that they would have collected from Mar-a-Lago. So essentially, he's asking for two things. The first is a special

master. Somebody who that the court could appoint to come in and oversee the process, make sure that the Justice Department investigators aren't using any documents that they shouldn't have as part of their investigation. He's also asking for a pause to be put on the Justice Department's work while that special master comes into play.

And he's making some arguments. He's saying that he wants to make sure his constitutional rights are not violated, that he wants to make sure that executive privilege is maintained if he does have it.

He's also, of course, in very Donald Trump fashion, putting out a lot of political arguments. His past gripes about the Russia are included in this filing. He's saying that he does want to be given special treatment, essentially, as a former president.

And also in this filing there's some important things that he shares, his side of the story. His lawyers write about Trump having agency in directing compliance with the Justice Department as they were investigating. And at one point they mentioned that his lawyer told the chief prosecutor on this investigation that Trump himself was sending a message to Attorney General Garland, that he wanted Garland to know that the heat is building up, the pressure is building among his supporters in the three days after that search of Mar-a-Lago. And then he said, whatever I can do to take the heat down, to bring the pressure down, just let us know. A very unusual statement to be made from a lawyer saying it was directly from former President Trump to Attorney General Garland.

But now we're watching how the Justice Department responds. They say that they're going to respond in court. We're also watching how the court itself would respond. There are a lot of legal analysts out there who believe that there are procedural and legal shortcomings in this filing. So we're just going to see how it plays out in court now.

SCIUTTO: Goodness. Lots to keep track of. Katelyn Polantz, thanks so much.

Now to a CNN exclusive. Another development.

The Justice Department issuing a new grand jury subpoena, this to the National Archives. Sources tell CNN, the DOJ seeking more documents into its investigation into January 6th.

HARLOW: So, this new subpoena is just the latest indication that the department is intensifying its probe and broadening the scope into any potential role White House staff may have played in events leading up to the attack on the Capitol.

Here is our senior justice correspondent Evan Perez with much more on exactly what officials are looking for here.

EVAN PEREZ, CNN SENIOR JUSTICE CORRESPONDENT: This is reporting with Jamie Gangel, my colleague. And what we learned is that there's a new subpoena that has gone from the Justice Department, from the grand jury that is investigating some of these issues, to the National Archives, asking for additional documents.

[09:05:10]

About three months ago there was an initial subpoena, initial grand jury subpoena asking the National Archives to turn over everything that they had provided to the January 6th committee.

So what this -- this subpoena signifies is that the investigation, which is, by the way, led by a prosecutor and a special grand jury that is focusing specifically on the role that the former president and his allies played in trying to impede the transition of power with these fake electors scheme, what this shows us is that this investigation is broadening, it's going beyond what initially they were looking at, which was taking a look at what the January 6th committee already had.

SCIUTTO: Evan Perez, notable, thanks so much.

So, joining us now to break it down, CNN's senior legal analyst Elie Honig, former assistant U.S. attorney for the Southern District of New York.

Elie, good to have you.

I always ask these questions because there are multiple developments it seems every day in multiple investigations. So hard for folks at home to keep track.

So, let's focus on this new development regarding the DOJ's January 6th investigation. What significance do you see in the documents they're now seeking from the National Archives?

ELIE HONIG, CNN SENIOR LEGAL ANALYST: So, Jim, the National Archives would be the custodian, the holder of documents from the Trump White House. And we know from prior litigation that that would include memos, documents, and notes made by people in and around the White House, on and around January 6th itself. So that's obviously crucial documentation. It's from the key period of hours and days. Of course, prosecutors would want to see that.

What's really interesting about this is, as Evan reported, this is a broader subpoena. The first subpoena from DOJ just said, hey, Archives, give us everything you've already given to the January 6th committee. Fine. This one apparently goes even more broad than that. And that's what I think is sort of most notable about this subpoena.

HARLOW: Elie, if we could turn to the first legal response, official legal response from the former president's team to DOJ, and what Katelyn just outlined here in terms of what they are - what they're asking for. And I think one of the key questions that remains is that message from one of Trump's lawyers to DOJ intended for Attorney General Merrick Garland directly that Katelyn referenced, basically saying, you know, people are angry. Let me know what I can do to bring the pressure down.

Given that obstruction -- potential obstruction is one of the things that they're investigating here, how would a comment like that, not just - it's rare -- how could that potentially play into any obstruction investigation?

HONIG: Well, Poppy, first of all, it is astonishing that this comment was made and that it's now being acknowledged. For a potential litigant, a person who's being investigated potentially to try to reach out directly to the attorney general is outrageous and it's terrible judgment. You have to look at what the message itself is. It's essentially, hey, I know people are really angry out there, let me know if I can help control things. I mean there certainly could be a veiled suggestion there, reminding the attorney general that there was some anger in response to the search at Mar-a-Lago.

So, I think there's clearly some implications being made there by Donald Trump. I think the entire fact of the communication itself is really absurd and I think an abuse of power and I think steps over the line that any litigant would have with respect to the attorney general.

SCIUTTO: Elie, there is something of a kitchen sink strategy from Trump and his legal team here. You have Trump's public comments attacking the search, his allies, then you have his lawyers saying some things on television that they're not saying in court. You say that many of their bottom line requests are unreasonable, but one to request a special master, as it's known, to go through these documents, reasonable. Tell us why.

HONIG: Yes, Jim, I think the bottom line request in this motion are fairly routine and I think at least defensible. Asking for a special master, let's make sure that a third party takes a look at these, make sure there's no attorney/client privilege information, potentially executive privilege information. Asking for a more detailed receipt, that's normal, and something DOJ would do. Asking to return anything that was seized outside the scope of the search warrant, that's already happened here with the passport. Sometimes FBI grabs more than it intends, you're doing a search warrant, and you return it. So, all of that is normal.

But the packaging here is really outrageous. I mean this brief has all manner of unfounded accusations, conspiracy theories, sort of defensive statements from Donald Trump that are just simply not supported by the evidence. And, procedurally, it's a bit of a mess as well.

So, we'll see if the courts give Donald Trump the benefit of the doubt.

The bottom line asks here, though, are not entirely outrageous.

HARLOW: Elie, just one point of fact here that I think is important for people to just understand is that there is, you know, no legal requirement, as you put it, that all avenues be exhausted before a search warrant, right?

[09:10:05] Because a lot of the complaint from the former president, his team, and supporters, is, why didn't you just subpoena more information if you wanted it, right? They had previously issued a subpoena. But to the argument of why didn't you issue another one instead of a search warrant and arrived unannounced, no legal requirement there, right?

HONIG: Correct, Poppy. So, you don't have to have exhausted all other mechanisms before you go to a search warrant. All you need for a search warrant is what the government did here, what prosecutors did, establish probable cause of a crime, and establish that you're likely to find evidence of that crime in the place you're searching. A federal judge reviewed that and agreed with it.

And as a matter of reality, practicality here, DOJ did try the easier ways. First, the National Archives asked for documents. They got some but not all. DOJ did serve a subpoena. They tried to do this the nice way, the easy way. They still didn't get everything. They're under no obligation, legally or otherwise, to say, well, let's try again with another subpoena here.

SCIUTTO: Yes.

HONIG: They were - they were justified in going to a search warrant, legally and practically.

HARLOW: All right, Elie, thank you, as always.

Also this development, a new court filing in a -- is detailing a dramatic close call during the January 6th insurrection between Senator Chuck Schumer, then the minority leader, and a member of the Proud Boys.

Our senior Washington correspondent Joe Johns is on Capitol hill.

Joe, good morning.

This is stunning. Tell us what the documents reveal in terms of, you know, what nearly happened.

JOE JOHNS, CNN SENIOR WASHINGTON CORRESPONDENT: Well, what we are told in these documents, Poppy, is that a member of the Proud Boys may have come within four to five seconds of having essentially what would have been a face-to-face encounter with Senator Chuck Schumer, one of the most important as well as powerful members of the Congress, the majority leader of the Senate at this stage. And, of course, what we are told is that the senator was in the basement of the Capitol complex with his security detail, they were trying to escape the building essentially when one member of the security detail says he actually made eye contact with Joshua Pruett, the member of the Proud Boys. And, in fact, he could hear Joshua Pruett as he got closer and he said he felt like they were being chased.

Now, another member of that security detail identified in the paper only by his initials ML said that he was the one who believed Pruett was only four to five seconds away. He also wrote a letter to the court, and I'll just read a little bit of it. He said, every day I enter the beacon of our country, the U.S. Capitol, I relive memories of that day and none are more impactful than the most I saw Mr. Pruett approaching us with the intent to inflict harm on the majority leader of the United States Senate.

Pruett has already pleaded guilty in this case of obstruction of an official proceeding. He is expected to be sentenced on Friday.

Jim and Poppy, back to you.

SCIUTTO: One of several - several close calls that day, including with the vice president.

Joe Johns, thanks for bringing us the details.

Well, right now, polls are open in New York, Florida and Oklahoma. We will look at the key races to watch today, including which Democrat could end up challenging Florida Governor Ron DeSantis this November.

Plus, the U.S. government says any Americans in Ukraine should get out now. I'm going to speak with the State Department spokesperson about the warning that Russia may soon step up its attacks on civilians in Ukraine soon.

HARLOW: Also ahead, sources tell CNN the White House is leaning toward $10,000 worth of student loan forgiveness for borrowers who make less than $125,000 a year. We'll be joined by an economist from a non- partisan research group who argues that may wipe out the benefits of the Inflation Reduction Act.

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[09:18:04]

HARLOW: Welcome back.

A busy month of primaries ends today with voters heading to the polls in three states. There are primary elections in Oklahoma. Much of the attention, though, really is on these key races in Florida and New York.

SCIUTTO: No question.

In Florida, Democrats will choose whether former Governor Charlie Crist or Agricultural Commissioner Nikki Fried takes on incumbent Republican Governor Ron DeSantis in November. That's a big race there.

And in New York, two Democrats who both have served 15 terms are now facing off against each other. This due to court mandated redistricting in New York. New York losing one Congressional seat.

CNN's Jason Carroll joins us now.

So, Jason, no matter the winner today, New York will lose a powerful, high ranking, well-known Democratic representative in Congress. I mean, it's notable. And, plus, it's - I mean it's quite an internal fight here. JASON CARROLL, CNN NATIONAL CORRESPONDENT: It certainly is. And that's

why, as you say, there were so many eyes on what's happening here in the 12th district. I mean when all is said and done, as you have said, when it is all over, the votes are all counted, someone is going to be looking for a new job. I mean now that this district here, District 12, has been redrawn here in the upper west side of Manhattan, you've got Carolyn Maloney up against Jerry Nadler. Both of them have been in Congress for more than 30 years. They've served on powerful committees. Basically, they're being challenged by the young progressive upstart. He's 38 years old, Suraj Patel. He says it's time for new blood in Washington, D.C.

Meanwhile, throughout the campaign, both of the other candidates, Maloney and Nadler, have been saying that it's not the time for new blood. You need seasoned people there in D.C. Maloney saying not only do you need someone who's seasoned, the person who should be sent back to D.C. should be a woman.

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REP. CAROLYN MALONEY (D-NY): There is one thing that remains that I have not been able to do, and that is to ratify the equal rights amendment and put women in the Constitution.

[09:20:07]

Please, send me back to finish the job!

REP. JERRY NADLER (D-NY): I think it's probably about my voting record more than anything else. I mean people understand that I took principled, progressive votes.

SURAJ PATEL (D), NEW YORK CONGRESSIONAL CANDIDATE: They think that everything is just fine in Washington. And they think they're being effective at fighting Republicanism.

(END VIDEO CLIP)

CARROLL: A competitive race there.

And another one to keep an eye on, guys, is New York's 10th District. That makes up places like Soho and much of Brooklyn. It's a crowded field. The man to beat there is a man by the name of Dan Goldman. He's a former federal prosecutor. One of the prosecutors during Trump's first impeachment. He is heir to the Levi Strauss fortune. He spent much of his own money on his campaign. Millions of dollars of his own money.

Two of the progressive candidates in that race basically saying he's not the right man for the job. You've got Mondaire Jones and Assemblywoman Yuh-Line Niou, both of them calling him a conservative Democrat, saying he's too conservative for the district.

Guys, back to you.

HARLOW: Jason, big day. Thank you very much. Let's talk about all of this with Errol Louis, political anchor of

Spectrum News and CNN political commentator, and White House reporter for "The Associated Press," and CNN political analyst, Seung Min Kim.

Guys, thanks very much.

Errol, let me just start with you in New York.

I mean it's so fascinating to see Jerry Nadler and Carolyn Maloney, 30 years in Congress each, facing off like this. What are the issues in the race? Because, I mean, they're, correct me if I'm wrong, aligned on a lot.

ERROL LOUIS, CNN POLITICAL COMMENTATOR: They're aligned on quite a lot, Poppy. Good morning.

The reality is, if you go back, even over a 30-year period, they are closely aligned on many issues. There are a couple, but even those are in the past. You know, the Patriot Act, they voted differently. The Iran nuclear deal, they came out on different sides. But think about how long ago those votes were. And so, to the extent that there are differences, they tend to be personal, which, frankly, is why the race got a little personal, a little bit nasty toward the end here.

HARLOW: Yes.

SCIUTTO: Seung Min Kim, there's another interesting New York race, and that is the one between Pat Ryan, the Democrat, and the Republican, Marc Molinaro. This is a district that's gone back and forth. Obama, 2012, Trump, 2016, Biden in 2020. And how abortion is playing out in this race, because Ryan is making it in large part about choice and freedom of choice. Molinaro, a Republican, perhaps knowing that this is somewhat of a purple district here, he is vowing that he would not support a national ban on abortion if elected.

It's an interesting race, is it not, that it shows potentially how abortion might play out in swing districts in this country in this cycle.

SEUNG MIN KIM, CNN POLITICAL ANALYST: Yes, it is a fascinating race. One that I'm watching really closely tonight because while we should be careful not to read too much into the results of any one special election, and this does - this seat is only for a couple of terms, it really can serve as a test case for the national mood and seeing what parties' message will resonate in kind of the swingiest of swing districts.

SCIUTTO: Yes.

KIM: Like you mentioned, Democrat Pat Ryan is focusing heavily on abortion and abortion access. Right after Roe was overturned, his campaign and the DCCC went all in on that messaging. And the Republican, Marc Molinaro, is really focusing on what the broader Republican Party hopes to focus on this November, which is the economy and inflation.

So it will be fascinating to see what message wins out and what - what is really motivating voters in a swing district this fall.

HARLOW: And, Errol, what about New York's 23rd District, we're talking about Buffalo and the surrounding areas. I mean you have Carl Paladino, who is facing off with New York state's party chair. Paladino has a history of racist remarks, of incendiary remarks. He just recently said the attorney general, Merrick Garland, should be, not just impeached, but probably executed. He later tried to walk that back saying he wasn't being serious. But, I mean, come on, in this moment, using words like that? He, at one point, said that Hitler was the kind of leader we need today. And he has the backing of the number three among House Republicans, Elise Stefanik.

LOUIS: That's right.

HARLOW: And he has a good shot, doesn't he?

LOUIS: Obviously has a good shot. He's a very wealthy man. And his name is well known. He ran for governor unsuccessfully in the past.

HARLOW: Yes.

LOUIS: This is a the case where the Republican Party in New York state has to figure out what they stand for and who they really are. Carl Palladino was the state co-chair for Donald Trump, by the way, in 2016. So, this is not somebody who just fell - you know, wondered into politics.

On the other hand, he's going against the current sitting chair of the state party, Nick Langworthy. And so this party is trying to figure out which direction they go in. Do you want a wild and, you know, frankly, unfit candidate like Palladino who just says whatever's on his mind, makes wild threats and then sort of half apologizes for it and says it's all a big joke? Do you treat him like the joke that he says that he's he is? Or do you go in a different direction with a younger man, which is what Nick Langworthy is trying to get the party to do?

[09:25:01]

We don't know how this is going to turn out. It will be a very important indicator of where at least New York Republicans choose to go.

SCIUTTO: Yes.

All right, Seung Min, let's go to Florida if we can for a moment, the race to see which Democrat will challenge Ron DeSantis there. Now, as you know, folks are already talking about Ron DeSantis as a potential national candidate in 2024 for the presidency. Is -- can a Democrat, can one of the Democrats, Nikki Fried or Charlie Crist, beat him in a statewide election?

KIM: Well, I think it's the - the conventional wisdom is that Ron DeSantis has a pretty strong political footing in Florida. Obviously he has no primary challenger. Florida has definitely trended red in recent years. But I think what's important about this Democratic race -- or this

gubernatorial race is two points. First of all, I think the -- again, abortion, the extent to which that plays in the Democratic primary will be really interesting because Charlie Crist is a former Republican, and he does have an older record of being less favorable to abortion rights and Nikki Fried has really seized on that in the final days and weeks of the campaign. So, if she emerges victorious, that's another gauge of how powerful abortion is a motivating factor for Democratic voters.

SCIUTTO: Yes.

KIM: And also whoever wins in November, look, even if they do have an uphill shot against Ron DeSantis, it does help sort of put together a template, a playbook if you will, for Democrats to run against Ron DeSantis, if and when he makes a national bid. So, it will be really interesting to watch. An important watch for those reasons.

SCIUTTO: Well, one commonality with a lot of these races is when and how the abortion message and issue will play out.

Seung Min Kim, Errol Louis, thanks so much to both of you.

LOUIS: Thank you.

SCIUTTO: A stark warning. The State Department telling any Americans still in Ukraine to leave immediately. What led to this urgent security alert? I'm going to speak with the State Department spokesman, Ned Price. That's next.

HARLOW: We are also just a few minutes away from the opening bell on Wall Street. Futures are down slightly, virtually flat. Stocks looking to recover from the losses, significant losses yesterday. The worst day for the markets since June. Earnings reports coming today from Macy's and Dick's Sporting Goods as well.

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