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Today, DOJ to File Public Response to Trump Request for Special Master; Water Crisis in Jackson, Mississippi as Treatment Facility Fails After Floods; Fear Mounts Over Possible Nuclear Disaster in Zaporizhzhia. Aired 10-10:30a ET

Aired August 30, 2022 - 10:00   ET

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

[10:00:00]

POPPY HARLOW, CNN ANCHOR: It's the top of the hour, good morning, everyone, I'm Poppy Harlow.

JIM SCIUTTO, CNN ANCHOR: I'm Jim Sciutto.

New details overnight about documents taken from former President Donald Trump's Mar-a-Lago home. CNN has learned the intelligence community has been working with FBI officials since mid-May, combing through some of those classified documents that were turned over to the National Archives back in January, the first batch, and working to determine any risks to high-level sources of methods and other sensitive U.S. intelligence.

HARLOW: Also, the Justice Department says it has already identified, quote, a limited set of materials that could fall under attorney/client privilege. This is in connection of the document seized in the Mar-a-Lago search three weeks ago. The Justice Department officials are up against a deadline today and expected to file a lengthy public response to former President Trump's bid for a third party that would oversee the review of those documents. The Justice Department is now permitted to file up to 40 pages after they said a 20-page limit was not enough.

So, let's begin on this reporting with our Correspondent Kara Scannell. Kara, what will we learn? I mean, they clearly think they need double the pages. What will this tell us?

KARA SCANNELL, CNN CORRESPONDENT: Well, this will be the Justice Department's first response about the legal merits of whether a special master, that's that third-party individual, should be appointed in this case. They previously have said that they had -- given the judge's status report yesterday, where they said that they will provide in court more detail today under seal, their forthcoming some in the filing. But they said the privilege review team identified a limited set of materials that potentially contained attorney/client privilege information.

Today, their filing will be addressing the legal and the factual issues are that were raised in Trump's request for the special master. So, they are asking for double the amount of time, which is pretty -- doubling the amount of space, which is pretty unusual, but it must indicate that they feel like there is a lot in the record they want to address and also get at some of these issues of executive privilege, which is what Trump is claiming he wants a special master to review this for.

So, now, Trump's legal team will have until tomorrow night to file their response. This will all come to a head on Thursday when there's a hearing in West Palm, before Judge Aileen Cannon. She is a Trump- appointee. She has indicated a preliminary interest in granting this special master. We have seen them before in other high-profile cases. It's not that uncommon. But we will hear from DOJ today their arguments of why one may not be necessary, and that's because they say they have already done this review.

HARLOW: Already gone through it.

SCANNELL: Right. And so there's a limited set of materials here. But this will all be coming to a head.

And as Jim had mentioned, this is coming as there's also this review between the intel agencies and the FBI looking at these materials that were seized, evaluating them on a document-by-document basis to see whether any immediate steps need to be taken to address and protect any sources and methods that have been identified in these classified documents that the Justice Department says were not held under lock and key in the way that these sensitive materials, classified materials should be treated.

HARLOW: And you'll be there for the hearing.

SCANNELL: I'll be there.

HARLOW: On Thursday. Okay, Kara, thanks very, very much.

SCIUTTO: All right. Joining us now to speak about all of this, Michael Moore, former U.S. Attorney for the Middle District of Georgia. Good to have you back.

So, listen, I will start this by saying there's a lot for folks at home to keep track of, a lot for us to keep track of here. But on this question of a special master, if the DOJ already put a filter team, as it's known, to look through for attorney/client privilege documents and if the president is a former president and, therefore, doesn't have an executive privilege claim here, what would the special master be for, exactly, right? I mean, would it be for someone who his side would trust more to look out for his interests?

MICHAEL MOORE, PARNTER, MOORE HALL IN ATLANTA: Maybe so. I'm glad to be with you both. Think of the special master, really, as sort of the belt and suspenders that the judge can put on this case to make sure that there's not a later claim that some privileged information remained in the hands of the government while this was going on. So, you're right, there's absolutely nothing unusual about having a special master. This is not done in cases everyday around the country, nothing new there. But if you think about it in Trump's team's perspective, they're like, well, judge, you're asking just to trust that the FBI did everything right. How do we trust them? It would be like the FBI going, well, Trump looked for classified stuff and we're just supposed to take their word for it that they gave us everything. So, there's no trust here and that's what the special master does. There are plenty of people that can do this, retired judges, former government officials that have security clearances. This is just not a big deal when it comes to moving (INAUDIBLE). There's no harm in doing it, I guess, at the end of this.

HARLOW: But, Michael, let me just ask you about that. Because I hear you that, normally, a lot of folks could do this, retired judges, et cetera. This is anything but normal. And we know that the documents seized in August that are at issue here, there are 11 sets of classified documents in them marked top secret SCI.

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So, wouldn't it be someone -- wouldn't it have to be someone with really extraordinarily high security clearance to act as a special master?

MOORE: It would. As U.S. attorney, you have top secret SCI clearance. So, there are government officials -- former government officials that could do that for the court. It is an unusual case in the sense that we're having these discussions, but I think Trump's argument is at least has some merit in a sense that they have already disclosed, that they've, in fact, found some subset of documents that may have attorney/client privilege.

Now, that's a whole different question of whether or not he is entitled to a special master on executive privilege. His time as executive is over. That now is owned by Biden (ph). And so I imagine these 40 pages that the government has asked for in their response is to simply say, well, look, he's not entitled this, here's the law on it, either the judge won't let him take this and make a circus out of it any more than it's already happened.

The filing though for the special master, or a motion for the special master, the problem with it is it was so late. This is something that should have been filed immediately upon the taking of the documents to make a good faith claim that, in fact, we got to protect those documents from other eyes on potential privileged information.

SCIUTTO: So, let me ask you that, given that delay. You've been involved in a case or two in your time as a lawyer and a prosecutor. Do you see this as a deliberate effort to slow down, to stretch out the investigation? And I ask that question knowing that, as you know, that we've seen that strategy before from Trump and his legal team in other cases.

MOORE: I think that the delay in having a special master probably to the benefit of the former president, anytime you can buy additional time. I think the delay in filing the motion was not tactical, I think it was just a mistake. And, again, I'm not commenting on the legal skills of his team. That's not what I'm here about. But I just think had I handled the case, I would have been looking to file that immediately so that I can then go to the judge and say, judge, we've asked for this all along. Now, they tell us they've been looking at our stuff since May before the search warrant. So, we don't know what they've seen. And that's a problem as you go forward because it leaves an argument, a foothold, for them to make an argument for the Trump team, to make an argument that the government has been reviewing unauthorized and privileged information.

HARLOW: All huge questions and we'll see a lot more today in this filing. Thanks very much, Michael Moore.

MOORE: Glad to be with you all.

SCIUTTO: All right. The other big story we're following this morning, an unfolding water crisis in the state of Mississippi. The governor has declared a state of emergency for the capital, Jackson, the largest city in Mississippi, after its water treatment facility failed yesterday just following severe flooding there.

HARLOW: So, there's not enough water there to flush toilets or for the fire department to fight fires. Authorities are scrambling this morning, trying to distribute water, safe drinking water to the nearly 200,000 residents.

(BEGIN VIDEO CLIP)

GOV. TATE REEVES (R-MS): This is a very different situation from a boil water notice, which is also a serious situation which residents of Jackson have become tragically numb to. Until it is fixed, it means we do not have reliable running water.

DR. DANIEL EDNEY, MISSISSIPPI STATE HEALTH OFFICER: The water is not safe to drink. And I would even say it's not safe to brush your teeth with because we are not seeing adequate chlorination and ability to consistently disinfect the water.

(END VIDEO CLIP)

HARLOW: So, let's go to our Correspondent Martin Savidge for more on this. It's a seriously dire situation that really got so much worse overnight.

MARTIN SAVIDGE, CNN CORRESPONDENT: Yes, absolutely. Unfortunately, water problems in Jackson, Mississippi, are not anything new. We've been covering them for years. And that city has been going from water crisis to water crisis.

The basic problem the city maintains is that its infrastructure is just old, its water system, and that it doesn't have the financial resources to make the long-term repairs that are necessary. Then you add in what we've had this historic flooding in the south over the past weekend, even though Jackson wasn't as bad as some had feared, it was enough to tip the water system into crisis again. The main pumps had been shut down. There's backup pumps operating. But as you know, in a major city's water system, if the pressure isn't fully kept up, you get all kinds of leaks and then you get infiltration of really bad stuff, like sewage.

So, that's what set up the dilemma they're in, anywhere from 180,000 to 200,000 people now who cannot rely on the fact that tap water will come out. And if it comes out, it certainly is not considered safe, as you've heard both state and local officials maintain.

SCIUTTO: Yes. So, given you can't drink it, you can't even brush your teeth with it, what are residents there really facing with this boil advisory?

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SAVIDGE: Well, here is the problem. No one can really say how long this is going to last. I mean, usually, when you have water that gets into a city's water system, they will tell you that within a couple of days, they'll be able to lift the boil orders. That's not the case here in Jackson because, again, the long-term and the serious foundations that are impacted here.

So, now, there is talk that maybe they will have to convene a special session of the state legislature to come up with funding to try to fix this system.

I want to show you just some of the suggestions that are being given by state authorities here. Clean out the faucet aerators. That's that little screen in the tap. Avoid water for baby formula. And then keep up with your pediatrician visits. That last suggests that this is going to go on for some time, in other words, not maybe just a couple of days but weeks or even months. We'll be following it closely, Poppy and Jim.

SCIUTTO: Checking for lead poisoning, that's alarming.

SAVIDGE: Yes.

HARLOW: Wow. Martin Savidge, thank you so much for your reporting.

Still to come, the Ukrainian nuclear plant is still being shelled, this as international monitors arrive in Ukraine to try to prevent an absolute disaster. Why many are now calling for a controlled shutdown of the power plant.

SCIUTTO: Plus, President Biden heads to the critical state of Pennsylvania. His renewed push for an assault weapons ban, as well as an effort to fund police, why we expect him to once again go after MAGA Republicans as well.

And startling new study on how the melt in Greenland could dramatically raise sea levels overtime, no matter what we or global leaders do next.

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HARLOW: So, this morning, a team from the International Atomic Energy Agency has arrived in the Ukrainian capital ahead of a planned visit to the Zaporizhzhia nuclear plant in Southeastern Ukraine later this week. And we've just learned that they met with President Zelenskyy, but more strikes were reported there overnight near the plant, which is Europe's largest nuclear plant. New images show four holes in a roof a building just 500 feet away from one of the nuclear reactors.

So, let's bring in Edwin Lyman. He is the nuclear power safety director for the Union of Concerned Scientists. He is an internationally recognized expert on nuclear proliferation and nuclear terrorism as well as how to keep these plants safe and secure. What a moment, Edwin, very glad we have you.

And let's just begin. If we could pull up in the control room, can we pull up the pictures again of -- look at that. So, those strikes were 500 feet away, Edwin, from one of the reactors. You just wrote a blog post titled, can the Zaporizhzhia nuclear plant avoid a major disaster? And I wonder, seeing images like this, if you think it can?

EDWIN LYMAN, NUCLEAR POWER SAFETY DIRECTOR, UNION OF CONCERNED SCIENTISTS: Well, I think things are inching closer to a potential disaster. But, hopefully, the IAEA mission will focus more international attention on this crisis, put more pressure on Russia to stand down and to stop using the plant as a shield and, therefore, take it out of the line of fire.

HARLOW: As I understand it, that IAEA team is going to go to the plant on Friday, so the end of this week. The question, given the reporting that there are Russians inside -- Russian forces inside that plant and controlling it, how much access do you believe they will get? Do you believe there will be full transparency really for an unrestricted inspection of this facility?

LYMAN: Yes, that's a key question and there's good reason to be skeptical. Now, the IAEA does have some experience in working under adversarial conditions with non-cooperative plant owners and nations, but it's clear that Russia will probably want to conceal some things. But, again, if they try to obstruct the IAEA's ability to go where they need to go or see what they need to see, that itself will be very important information for the international community that the Russians are trying to hide something.

HARLOW: So, you've written about this sort of first line of defense, and for this facility, it's those 20 diesel generators. But we saw what can happen if they're knocked offline, right, if you think of Fukushima. So, I'm just wondering, is there anything that could be done now? I don't know what a controlled shutdown would look like but is there anything that can be done now to help mitigate or prevent any kind of disaster?

LYMAN: Well, two nuclear reactors out of the six are operating. They had shut down last week but they were started up again. And it's not a technical challenge to shut down a nuclear reactor if you have time to do so. You can do that within a day. So, that's not the issue. The issue is do the Ukrainians really need the power so much that, at this particular moment, they need to keep one or two of the reactors operating. And I'm not sure, but the U.S. government has said they think a temporary shutdown would be prudent. I think that's probably a good idea. You can't eliminate the risk entirely but you can at least increase the window of opportunity for operators to respond if a plant has been shut down for a few days.

HARLOW: And, Edwin, both the U.S. administration, the U.N. and authorities across the E.U. have called for a demilitarized zone around the plant in this region.

[10:20:05]

I just wonder what your reaction is to what the White House National Security Council spokesperson, John Kirby, told Jim just on Sunday about how high the U.S. concern is right now. Listen to this.

(BEGIN VIDEO CLIP)

SCITTUO: Is there still a genuine danger of a nuclear accident as a result of this fighting so close to it?

JOHN KIRBY, SPOKESPERSON, NATIONAL SECURITY COUNCIL: Yes, we're deeply concerned about that. Look, a nuclear power plant is not -- should never be considered a site for combat in an armed conflict. And we believe that maintaining a controlled shutdown process would be safest course for all. Look, a reactor needs a reliable and redundant power source.

(END VIDEO CLIP)

HARLOW: Do you agree with him that that would be the safest course of action?

LYMAN: Yes, I do agree from a nuclear safety perspective. But, again, if Ukraine needs the power and they don't have an alternative, not having electric power is also a potential health and safety issue. So, you have to balance it. But I think, certainly, at a time of the highest tension, maybe it's a good idea to have those plants operating.

HARLOW: Sorry to interrupt. I just was saying, no good options right now, clearly. Edwin Lyman, thank you for your expertise this morning.

SCIUTTO: It's so important to drill down on the risk there.

Well, back here at home, President Biden sharpening his midterm political message, making stops, as well, multiple stops in a key battleground. What he is expected to say today, also in a primetime address to Americans later this week.

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SCIUTTO: President Biden is refining his midterm message in the key battleground state of Pennsylvania this week.

HARLOW: He is going to talk about America's gun violence epidemic. He will renew his push for an assault weapons ban and tout increase funding for public safety.

Let's talk to our John Harwood live from the White House about all of these.

I mean, this is sort of the -- I think this speech is going to be, in some respects, John, the antithesis of a defund the police or -- can you hear me? Okay. We'll come back. We'll come back. A quick break and John will hear us on the other side.

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