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Justice Department Issues New Subpoena for More January 6 Documents; Trump Team Seeks "Special Master" to Review Mar-a-Lago Evidence; Texas Rainfall Reaches 1-in100-Year Levels in Dallas; Russia Accuses Ukraine of Killing Daughter of Major Putin Ally. Aired 4-4:30a ET

Aired August 23, 2022 - 04:00   ET

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

[04:00:00]

MAX FOSTER, CNN ANCHOR: Hello and a warm welcome to our viewers joining us in the United States and all around the world. I'm Max Foster in London. Just ahead --

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UNIDENTIFIED MALE: This investigation is broadening.

UNIDENTIFIED FEMALE: Donald Trump's legal team has gone to court to hit back against that search of Mar-a-Lago.

UNIDENTIFIED FEMALE: As they try to figure out what exactly the DOJ has and who exactly the DOJ is speaking to.

UNIDENTIFIED FEMALE: My apartment is literally flooding. I just woke up. Should I call 911? What do I do?

UNIDENTIFIED FEMALE: Historic flooding in Texas. Not seen in decades.

UNIDENTIFIED MALE: The U.S. markets finishing sharply lower for the second day in a row on more concerns about the health of the U.S. economy.

UNIDENTIFIED MALE: Can we bring inflation down without triggering a recession, and my answer to that question is I don't know.

(END VIDEO CLIP)

ANNOUNCER: Live from London, this is CNN NEWSROOM with Max Foster.

FOSTER: It's Tuesday, August 23, 9:00 a.m. here in London, 4:00 a.m. in Washington and we begin with exclusive CNN reporting tied to the January 6 investigation.

We've learned the U.S. Justice Department has issued a new subpoena to the National Archives for more documents related to its probe of the Capitol riots. It's a possible sign the department is ramping up its investigation into the role former U.S. President Donald Trump and his staff may have played in the events leading up to the Capitol insurrection. Here is CNN's Evan Perez with more.

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EVAN PEREZ, CNN SENIOR JUSTICE CORRESPONDENT: Jamie Gangel and I We were told there was a second grand jury subpoena served to the National Archives to produce additional documents. You remember the archives responded to a subpoena from the Justice Department back in May to provide all of the documents that they have provided to the January 6 committee. It appears that Tom Windham and the team that are looking at things beyond the rioters. They're looking at the effort to impede the transfer of power and the role of the former president and some of his allies.

It looks like they have decided that there is additional material that the January 6 committee perhaps did not know about and did not ask about that they are interested in as part of their investigation. It tells us that there is more that they know about.

(END VIDEOTAPE)

FOSTER: And to be clear this appears to be a separate investigation from what led the FBI to conduct a search of Mar-a-Lago home in Florida. In fact, authorities have several open investigations on Trump, including a probe on potential election interference in Georgia. Potential issues with his businesses, tax returns and more.

As you can imagine, this has Trump and his lawyers on the defensive in their latest legal move, they asked a federal judge on Monday to appoint a third party attorney known as a "Special Master" to oversee the review of evidence the FBI seized from Mar-a-Lago. Team Trump wants the "Special Master" to ensure that the Justice Department returns any of his private documents. In the suit Trump also argues his constitutional rights were violated and there may have been privileged materials seized.

His allies are also coming to his defense. Former Trump administration official Kash Patel was amongst them, he told Fox News that Trump issued sweeping declassification orders on multiple occasions, but he did not know whether the boxes at Mar-a-Lago were part of that order. Listen as he defending the former president.

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KASH PATEL, FORMER TRUMP ADMINISTRATION OFFICIAL: In October of 2020, President Trump put out for the world to see a sweeping declassification order and he did it via social media. And then in December and January on the way out, I witnessed him declassify whole sets of documents. So, it is not incumbent upon President Trump and his lawyers and he as a target of this investigation to show he in fact did declassified them. It's up to the government who has the burden of proof who are trying to deprive a man of his liberty to show that no such order was in fact given.

(END VIDEO CLIP)

FOSTER: I mean, Donald Trump's court filing about the search at Mar-a- Lago.

He said: politics cannot be allowed to impact the administration of justice.

Here's CNN's Katelyn Polantz with more on the latest legal tactics from the Trump team.

KATELYN POLANTZ, CNN SENIOR REPORTER, CRIME AND JUSTICE: Donald Trump's legal team has gone to court to hit back against that search of Mar-a-Lago two weeks ago.

[04:05:00]

Now in court on Monday, his team has filed a request for a third party to be appointed by the court, something called a "Special Master," that can come in and review that the evidence -- that the FBI, the Justice Department, collected out of Mar-a-Lago was appropriately handled and that they have the ability to use that in their investigation. Even more so though, Trump is requesting for a pause on what the Justice Department is doing at this time as they examine whether there have been federal laws broken related to the handling of federal records and national defense information.

So, in his new court filing today, Donald Trump is arguing his constitutional rights may be at issue here. He may have potential privileges that should be protected, that these are things a "Special Master" should consider. And on top of that, his attorneys are laying out some details we hadn't known before. Such as what happened in June between the Justice Department and Donald Trump. And his team and specifically, they are describing Trump having some agency in authorizing a search of Mar-a-Lago by the Justice Department to see where documents may have been held at that time, blocking a storage room to secure them and also complying with a subpoena for surveillance documents.

On top of that, Trump's team does make public an unusual message that his attorney sent to Merrick Garland just a few weeks ago, after that search. In the days after Trump said in his message to Garland: Whatever I can do to take the heat down to bring the pressure down, just let us know.

That is an unusual thing for someone even a former president to be sending during an ongoing investigation.

Now, on top of this all as we're looking at it, the Justice Department has not yet responded in court. They say through a spokesman Monday night that they would like to. The judge also has not responded to this request in the Southern District of Florida federal court, but a few caveats here, it has been two weeks since that search of Mar-a- Lago and there has been a filter team already at work at the Justice Department making sure that evidence that should not be used as this evidence continues is used.

Katelyn Polantz, CNN, Washington.

(END VIDEOTAPE) FOSTER: A former official at the U.S. Justice Department is weighing in on Donald Trump's request for a "Special Master" and how that might work in this case.

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ROBERT LITT, FORMER PRINCIPAL ASSOCIATE DEPUTY ATTORNEY GENERAL, JUSTICE DEPARTMENT: If the purpose of the motion is to stop the government from looking through the documents and they've had the documents for two weeks, it may not be very effective. Having said that, there were a lot of cases where judges find it appropriate to appoint Special Masters and this may be one of them given the vitriol that Trump and his allies have directed at the FBI and the Department of Justice. They might be well advised to agree to having an independent outsider be the person to make these decisions. I would say that if that happens, the department might well request that this be put on an accelerated time frame, that a Special Master be appointed and directed to have this resolved within some defined period of time so that it doesn't bring the whole investigation to a stop.

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FOSTER: Well, those who have covered the former president extensively see this request as a familiar strategy used by Trump to delay and distract.

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MAGGIE HABERMAN, WASHINGTON CORRESPONDENT, NEW YORK TIMES: His argument not only is it coming very late, but he is making an argument about privilege that is hard to see where it applies here. I think that everything they are doing right now is about basically a time buy which is another classic Donald Trump strategy.

When he had the power of the presidency behind him and essentially the state -- for lack of a better way of looking at it -- was investigating him, he still was the state. And so, it was a different position. He is not in that position right now. And we don't know where this is leading. We don't know if there will be charges. We know at the moment it appears to be about the documents, but he is in a very different position than we've seen him in I think ever.

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FOSTER: And now there is more controversy over a raised government cellphone records during the Trump administration. According to a recent court filing, the phones of several top Trump era immigration officials were likely wiped when they left their positions. Under the previous rules, agency employees were the ones responsible for saving any records. They had to be reserved by law. But that policy is under increased scrutiny following revelations that the Secret Service may have deleted text messages related to the January 6 attack on the U.S. Capitol.

In the U.S. a busy month of primaries is coming to a close today with contests in three key states -- New York, Florida and Oklahoma. New York held many of its primaries back in June. But the state's redistricting process did not -- not only push the Congressional primaries to August, it also created several notable Democratic races. A newly formed Congressional district is putting veteran Democrats Jerry Nadler and Carolyn Maloney against each other in the primary. Nadler the frontrunner and Carolyn Maloney an ally of Nadler's were put in the same district earlier this summer.

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And battling these Congressional heavy weights and calling for operational, generational changes is Suraj Patel.

Florida has a full slate of primaries including a race for governor where two Democrats with different profiles are facing off with a chance to challenge incumbent Ron DeSantis. Now Democrats say their voters are eager to get to the polls in November and defeat the Republican governor who's taken a hard line on abortion rights after the Supreme Court overturned Roe v. Wade.

Severe weather across the U.S. is causing major travel disruptions -- according to the flight tracking website Flight Aware. More than 1,400 U.S. flights were canceled Monday with nearly 400 canceled so far today. High winds and staffing shortages have impacted Chicago's O'Hare International Airport, while torrential rains and floods were causing delays and cancellations in Texas.

Conditions in Texas have become so bad that Dallas County has declared a state of disaster. The National Weather Service says the Dallas/Ft. Worth area has received an entire summer's worth of rain in less than a day. First responders in that area made hundreds of high water rescues over the weekend. But the danger isn't over yet. CNN's Ed Lavandera reports.

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ED LAVANDERA, CNN SENIOR NATIONAL CORRESPONDENT (voice-over): A one in 100 year rainfall event in Dallas Fort Worth. Drenching some parts with more than 10 inches of rain in less than 24 hours.

UNIDENTIFIED FEMALE: Oh my God. I can't get home.

LAVANDERA (voice-over): The storm left major roadways flooded, vehicles submerged and some residents waking up Monday morning to kitchens, living rooms and hallways submerged in water. Emergency officials in Dallas and Fort Worth say they've responded to hundreds of high water incidents in traffic accidents.

LT. JOSEPH MARTINEZ, DALLAS FIRE & RESCUE: I think everybody wasn't anticipating this much rain this fast.

LAVANDERA (voice-over): The sudden and drastic change in weather has stunned the Dallas Fort Worth area after months of extreme and exceptional drought. Since January there has been a rainfall deficit of more than 10 inches. That deficit has been erased after a summer's worth of rain soaked the area in less than a day. The storms have been moving over the same path since the overnight hours. Dumping relentless amounts of water along the way.

MARTINEZ: But the ground is very dry, but it can only absorb so much so fast.

BRITTANY TAYLOR, DALLAS APARTMENT FLOODED: I'm freaking out. My apartment is literally flooding. I just woke up. Should I call 911. What do I do? OK.

LAVANDERA (voice-over): Brittany Taylor says she moved into this Dallas apartment just two days ago. She woke up at 3:00 a.m. to what she describes as, quote, torrential rain and two feet of water on the first floor of her home. Now she's wading through the aftermath to see what if anything, remains undamaged.

TAYLOR: Oh good. You guys look MacBooks can float. Yes, there's all my treasured keepsakes.

LAVANDERA: We're also learning of tragedy in this rainstorm. Officials confirm that a 60-year-old woman was killed when her car was swept away in the floodwaters. The police chief in Mesquite, Texas says she was actually on the phone with her family when they lost contact with her. And that's why they're urging everyone around the area to beware of any kind of high water they might encounter anywhere especially when they consider the forecast as more rain is expected in the days ahead.

Ed Lavandera, CNN, Dallas, Texas.

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FOSTER: Well, let's get some exact details on that, Karen Maginnis monitoring all that rain for us From the Weather Center. Hi -- Karen.

KAREN MAGINNIS, CNN METEOROLOGIST: Hi, Max. And yes, what you're looking at, the image behind me is from Dallas. And this is where we saw lots of cars that were submerged in floodwaters but also apartment buildings and businesses and homes. Such widespread destruction associated with this heavy downpour. It came so fast.

You have to remember that much of Texas has been in critical or exceptional drought, so the ground is hard packed. This rain comes down at 1, 2 or 3 inches per hour. And it has almost nowhere to go. It can't really soak into the ground very easily. But since June, this have had very little precipitation. Almost none in a lot of these areas. And now we've got a very stubborn weather system. This was quasi stationery front lies right across The Deep South along the Gulf Coast. This is just going to be flagging along this region for the next couple days.

There's also an upper level disturbance. There is moisture that's being tapped from the Gulf of Mexico. So, you've a lot of combination of moisture in the atmosphere. And this is just going to slowly, and I emphasize that, make its way toward the east and toward the south.

[04:15:00] So, these areas where the storms are going to be fairly plentiful round after round of heavy rainfall, that's going to produce some flooding.

And in what areas? Well, just generally speaking, from east Texas over to portions of Arkansas, Louisiana, into Mississippi, eventually traveling over towards Alabama. About 9 million people are under a flashflood watch. And this will continue at least until mid-week. And the ground is going to be soaked, it has no place to go.

And pretty much from the Interstate 20 to Interstate 10, that's kind of the corridor where we could see the heaviest precipitation. Areas like Jackson, Mississippi to Natchez to Shreveport, watch out for the flood potential here. A lot of this is low lying ground too. So, if you see 5 inches of rainfall, that's going to be a flood event here. So, a significant rain event coming up the next several days.

This is the forecast radar. There you see across Louisiana and into Mississippi where you see the bright shaded areas, that is where we'll expect some of the heaviest precipitation. This may be overdoing it with the border of Arkansas, Louisiana, Mississippi. But, Max, it just kind of illustrates how dramatic this is going to be for the next several days. Back to you.

FOSTER: Yes, we'll be watching very closely. Karen, thank you very much indeed.

Now the death toll from flash flooding is rising around the globe. Waters are still high in Pakistan where nine more deaths were reported on Sunday bringing the total to at least 225 since June. Sudan has declared a state of emergency across six states after at least 79 people were killed by seasonal rains and floods. And in Afghanistan, cleanup is underway after thousands of homes were damaged and nearly 100 deaths have been reported across three provinces in the last month.

A memorial service held for the daughter of a Putin ally killed by a car bomb. Who the Russians claim was behind the attack. We'll have a live report just ahead.

Plus, three officers in Arkansas are under investigation after a violent arrest was caught on camera.

Also ahead, fears that the Federal Reserve will trigger a recession with more interest rate hikes. The latest warning from economists for you coming up.

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FOSTER: Russia is blaming Ukraine for a car bomb that killed the daughter of an influential Russian idealogue. According to state media, Russia's Federal Security Service says the attack on Darya Dugina was prepared by Ukraine's Special Services and carried out by a Ukrainian woman on Saturday. But a senior Ukrainian official has dismissed the allegation saying

Russia propaganda lives in a fictional world. Meanwhile, Dugina's father Aleksandr Dugin is calling for Victory against Ukraine in response to his daughter's death. Ukraine is bracing for, quote, victory against Ukraine in response to his daughter's death.

Ukraine is bracing for increased Russian attacks as the country prepares to mark its independence day. Public celebrations have now been banned in Kyiv amid fears of a strike on the capital and U.S. State Department says Moscow will likely step up efforts to hit government targets and civilian infrastructure.

But amid the warnings a symbol of defiance as dozens of destroyed Russian tanks were lined up along Kyiv's main street.

Our correspondents are tracking all the developments for you. Joining me here in London, Salma Abdelaziz. And David McKenzie standing by for us in Kyiv as well. Salma, first of all to you. This very sort of strong language coming out from Moscow and accusations.

SALMA ABDELAZIZ, CNN REPORTER: That's right. But certainly, what a very short Russian investigation has found of course according to the Kremlin. They are accusing Ukraine of essentially assassinating this very close Putin ally's daughter. They say that it was carried out by a Ukrainian Security Services member. They say she is a member of the Azov Regiment. Of course, one of the larger regiments in the military. And they say that this was targeted, that this was intentional, that this was an act of assassination.

Now, Ukraine for its part absolutely denies this, says that there is no indication whatsoever that they are involved in this. They actually through one official call it an inside job. But why is this so important? Because the father of this killed woman, Aleksandr Dugin, is seen by some to be the architect of this war, an ultra-nationalist, someone very close to President Putin, someone who has pushed for Russian expansionist policy. So, this really strikes at the heart of Russia, something very, very close. And yes, Ukraine is denying this again.

But this is a huge accusation, Max. Essentially Ukraine being accused of hitting inside Russian territory, someone extremely close to President Trump himself. There -- Vladimir Putin himself. There could be fallout.

FOSTER: David, what do you make of the Ukrainian denials?

DAVID MCKENZIE, CNN INTERNATIONAL CORRESPONDENT: Well, the Ukrainian denials came from every aspect of the government and the military very quickly after the event happened, Max. From the point of view of where I'm standing, they are saying absolutely no, that they had nothing to do with this, even hinting that it really wasn't worth their time given the fact that they are fighting an ongoing conflict on the ground here in Ukraine. This from the defense intelligence spokesman.

It is fake that Ukraine is involved in this. It is fake that the National Guard is involved in this event. The National Guard is fulfilling its legal tasks at the territory of Ukraine.

And so that is the denial that you are getting about this events. But it still is certainly a sense of heightened alert here in the capital as you said, Max. They have canceled all events around this important week where there is an Independence Day celebration on Wednesday. Just earlier, President Zelenskyy was in front of troops giving a speech on National Flag Day on the eve of Independence Day speaking about the importance of the Ukraine flag, flying in those regions that are now occupied by the Russian forces.

This is an important symbolic moment for Ukraine, first Independence Day since this conflict began and marking six months since missiles struck around Kyiv to start this campaign in February from the Russian's side. So, there is a heightened sense of alert.

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The State Department in the U.S. is calling on U.S. citizens to leave immediately because of their direct intelligence of possible strikes here in the capital and in other major centers around the country -- Max.

FOSTER: Wondering, Salma, if this emboldens the military campaign in the way that the Ukrainians specific, that Putin is frustrated by what's happened here, may, you know, prompt this to become more aggressive.

ABDELAZIZ: Well, if you ask President Zelenskyy, if you ask his allies, if you ask the United States, the answer is absolutely yes. Remember what president Zelenskyy said just a couple of days ago, that he believes that Russia is planning something very vicious, very cruel -- I'm paraphrasing his language here -- but that was his indication. That's why you see as you heard our colleague David there saying that all of these events banned around the national anniversary. There's this fear that Russia might use this opportunity, this really crucial moment in which people in normal peaceful times would be celebrating their separation from the Soviet Union, use that as a moment to give Russia a moral boost and also to break the Ukrainian's moral spirit as well. So, a really critical time right now and you can't underestimate that. This accusation that Ukraine struck inside Russian territory right next to President Putin.

FOSTER: Salma, thank you, also David in Kyiv. We'll be watching very closely for reaction on both sides.

Still ahead on CNN NEWSROOM, we're just hours away from the opening bell on Wall Street. How markets are shaping up after two days of steep losses.

Plus, days of waiting for student loan debt forgiveness might finally be over. Details of what the White House may be considering.

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