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Suspect Charged in Abduction of Memphis Teacher; Biden Hits Campaign Trail; Stabbing Spree in Canada; Special Master Granted in Mar-a-Lago Case. Aired 1-1:30p ET

Aired September 05, 2022 - 13:00   ET

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

[13:00:00]

ANA CABRERA, CNN HOST: Hello. And thanks so much for being here. I'm Ana Cabrera in New York.

A federal judge dropping a Labor Day bombshell, granting a request for an independent special master to review all the documents, all the materials the FBI seized from former President Trump's Mar-a-Lago estate.

The Justice Department argued this move would impede its investigation, but the judge clearly disagreed.

CNN's Sara Murray is live in Washington. Our Kara Scannell is here with me in New York, and also with us is constitutional law attorney Page Pate.

Everybody, thanks for being here.

Let me start with you, Kara. This is no slow Labor Day. Talk about the immediate impact of this filing.

KARA SCANNELL, CNN CORRESPONDENT: Yes, Ana, I mean, a surprise, for sure, on Labor Day.

So, right now, with this ruling, the judge is saying that the Justice Department is enjoined. That is, they're blocked down from reviewing and using any of the materials that were seized at Mar-a-Lago. Remember, that's more than 11,000 documents, as we were talking about on Friday.

So, the judge saying they cannot look at this anymore. It's going to go to the special master, that she's saying she's granted Trump's request to appoint. And she's giving everybody until Friday to come up with a list of names of people who could possibly serve in that role, likely someone who has some kind of security clearance, because hundreds of pages of these documents are classified, as we know.

So, right now, there's a pause. There's a pause until the special master finishes this review. It's unclear how long that pause will take. But we have a sense of the volume and the number of documents involved here.

CABRERA: Sara, this politically is a win for the president, no? SARA MURRAY, CNN POLITICAL CORRESPONDENT: Oh, I mean, absolutely, this is a political win.

Donald Trump is getting almost everything that he has asked for in this. And in her court filing today, the judge points out sort of the extraordinary nature of this.

Here's what she wrote: "As a function of plaintiff's former position as president of the United States, the stigma associated with the subject seizure is in a league of its own. A future indictment based to any degree on property that ought to be returned would result in reputational harm of a decidedly different order of magnitude."

And I think that we are hearing here what the judge has tried to convey when she was having that hearing, that this is not an ordinary situation. This is a former president of the United States who has not ruled out another run for president. And so she believes that it is worth taking this extra step, despite the Justice Department's concerns, in order to ensure that the material is reviewed by this outside party.

CABRERA: Legally, Page, does this help Trump?

PAGE PATE, CRIMINAL DEFENSE ATTORNEY: Not a lot, Ana.

It may be a political win for Trump, but it's not much of a legal win. I mean, the motion that they filed, the request for this special master, it included a lot of nonsense about the election interference, who should have won, and this is all political.

But the request to have a special master appointed to review these documents is not that crazy. It's not that out of the ordinary. It does happen in federal court in other cases. Now, it may slow down the Justice Department's investigation somewhat, but not a lot.

DOJ has already informed this court that, hey, we have looked at these documents. We know what they are. We have already sent some of them for an analysis of the impact to national security of the documents having been at Mar-a-Lago. So that part of the investigation, it can continue on, despite the judge's order.

So, while it may be a setback, I don't think it's a significant one.

CABRERA: And the judge did appear to push back on one Trump argument, in fact, saying -- quote -- "There has not been a compelling showing of callous disregard for plaintiff's constitutional rights."

Page, is it significant that that's now on the record from this judge?

PATE: I think so.

And, again, Ana, I think that points to the fact that this is not as significant as some people are saying. The judge is not saying the Justice Department was wrong, not saying that they took stuff they should not have took, and certainly not saying that this investigation is political or not properly founded in the law.

What the judge is saying is, look, I understand you say you have had your own team look at this, but let's just have someone independent, someone from the outside look over their shoulder. Perhaps that takes some of the politics out of it, but it's not a rejection of the government's investigation, not at all.

CABRERA: And, Kara, I know you have been poring over this 24-page ruling that just came down. There are also more details in this about what was seized.

SCANNELL: That's right.

And one of the things the judge has appointed the special master for is not only for these issues of attorney-client or executive privilege, but also personal documents. And so what she informs us in this opinion is that they're -- among the documents that were seized for some of Trump's medical records, some records related to his taxes, and some records relating to his accounting, which is of interest because there are all these other investigations involving some of those same issues.

The judge is saying that the special master will go through and read it out. And, I mean, in her order, she's also saying that the reason she's doing this is also for the perception of fairness. She said that there were some concerns that the filter team had already provided one or two documents to the investigative team that they shouldn't have, so she wants to put this in place as like another blocker.

[13:05:05]

CABRERA: And so even though, Page, the DOJ and Trump's attorneys were on opposite sides of this issue, the judge is saying in this ruling that now they need to agree on and provide a list of possible special master candidates and a proposal for communication abilities, schedule for review, and compensation. How unusual is that?

PATE: Well, it's not unusual at all, but it may be very difficult to do here. I mean, it doesn't look like either side has agreed with the other on anything, because the judge didn't note in her order the Trump team came to DOJ before this motion was filed, asked that there be a special master.

Justice said, no, we're not going to do that. So can they get together and agree? That would be the normal course. In a case that did not involve a former president, the judge would say both sides need to submit potential special masters for the court's approval and how the process will work.

I don't know if they're going to be able to agree on that here. But if they can't, then the judge can do it herself.

CABRERA: And Kara also pointed out that, given there are so many classified documents, including top secret, does that narrow down who could be assigned as a special master?

PATE: Oh, absolutely.

Whoever reviews these documents has to have the proper classification and clearance to be able to look at the stuff, because you're going to have to look at all of the documents, again, to determine if the review team, the internal review team, may have missed any privileged documents or personal documents.

So, yes, it's going to be a very short list of potential special masters.

CABRERA: Sara, tell us more about how this could impact the timeline of the investigation.

MURRAY: Well, I mean, obviously, for the Justice Department, this is difficult, because it halts their ability to access and review these documents.

So they could still be talking to witnesses. They could potentially still have some grand jury activity going on. When you think about presenting something before a grand jury, you may want to be able to show those documents. You may want to be able to refer back to those documents.

That's not something the Justice Department is going to be able to do in this interim period while the special master is reviewing them. And, again, we don't know how this -- how long this is going to take. As Kara pointed out, we have a good sense that we're talking upwards of 11,000 documents.

We just don't know how long that time frame will take and how much the Justice Department will be relying on these documents as they're presenting before a grand jury.

CABRERA: Right, because she's not saying pause your investigation. She's just saying, pause your processing and review of these specific materials that are part of your investigation.

Kara, could the DOJ appeal this?

SCANNELL: Yes, what was real interesting last week at that court hearing, the Justice Department asked the judge in her order to present her ruling in a certain way that would allow them the mechanism to appeal.

Now, we didn't know at the time what this was going to look like, how she would rule. But, certainly, it's something that seems that DOJ seems to be thinking about. We don't have any comment from them today of what they're deciding they're going to do, if they will appeal or not appeal.

But they were looking for a mechanism in which they could do that.

CABRERA: OK, thank you so much, Kara. Thank you also to Sara and Page Pate. Appreciate all of you joining us.

Any minute now, we will hear from President Biden in Milwaukee delivering remarks focusing on American workers. And we're going to bring that to you live.

It's one of two Labor Day speeches he has planned. And the second is going to be in Pittsburgh, continuing his string of recent appearances in that key midterm battleground, Pennsylvania.

Let's bring in CNN senior political analyst and senior editor at "The Atlantic" Ron Brownstein and CNN political commentator and columnist for New York magazine Errol Louis.

Let's first start on this ruling that we just got about the Trump classified documents probe. Ron, what stands out to you?

RON BROWNSTEIN, CNN SENIOR POLITICAL ANALYST: Well, I think the ruling by a Trump appointee, Trump-appointed justice, was pretty much widely expected.

I'm not a lawyer. I can't tell you how much it disrupts or delays the investigation. But I have to say I thought it extremely, extremely unlikely that the Justice Department under Merrick Garland was going to do anything between now and the November election anyway.

I think that they would very clearly hold to those Justice Department regulations and guidelines that discourage actions of this sort around an election. So while it does set them back, I'm not sure we would have heard much more from them in the next few weeks anyway.

CABRERA: That's interesting, because "The New York Times" had a big report on this just today, talking about how the Justice Department was already debating how to proceed with the investigations tied to the former president given just how close we are to the midterms.

And I just want to read part of this article from "The Times" -- quote -- "Under what is known as the 60-day rule, the department has traditionally avoided taking any steps in the run-up to an election that could affect how people vote, out of caution that such moves could be interpreted as abusing its power to manipulate American democracy."

It goes on: "But the complexities of the Trump investigations are testing the limits of that practice. It is unclear whether the 60-day rule applies to a high-profile political figure who is not a candidate in the upcoming election."

[13:10:08]

Errol, just how tricky is this, especially now with this special master anger thrown in?

ERROL LOUIS, CNN POLITICAL COMMENTATOR: Well, it is tricky, Ana.

And the judge's ruling, we should point out, makes clear that the intelligence and counterintelligence questions that lie at the heart of this case do not need to be slowed down in any way, shape, or form. And so there's still an assessment going on of what damage to national security may have been committed in the course of these documents not being secured. That's really the essence of the case. And depending on how explosive

or damaging it may be, Justice may have no choice but to go forward. I mean, this is really important stuff that imperils the national security. We're all on untried, unfamiliar terrain at this point.

But this judge or any other, I think, would have to bow to the national security implications of this case. And, for that reason alone, that 60-day rule may go out the window.

CABRERA: And so, as we inch closer to the midterms, let's talk about how the Biden administration is sort of calibrating its message.

We seem to be witnessing a shift in messaging, or at least tone, from President Biden in the White House, more confident perhaps. But the economic situation is still volatile.

Ron, what do Americans need to hear from the president today?

BROWNSTEIN: Yes.

By the way, I cannot foresee Merrick Garland indicting Donald Trump, the former president, close to a midterm election under any circumstances, judge or no judge. But I will just throw that out there.

Look, I think that the president in his position is improving, but it is still very tenuous and tentative in these battleground states. I mean, the most recent polling we have in both Wisconsin and Pennsylvania has his approval rating only around 40 percent.

And over the past several decades, we have seen a growing correlation between the way people feel about the incumbent president and whether they're willing to vote for candidates from his party. There are very few Senate candidates in the last several decades who have won in states where their -- a president of their party was like around 40 percent.

So Biden has to find an economic message that is going to resonate with some of the voters who are feeling squeezed by inflation. There's no question that the combination of issues like abortion, guns and the prominence of Trump, everything we're talking about, has improved the Democratic position since earlier this summer in white-collar suburban areas, the kind of places they did well in '18 and '20, where inflation is more of a nuisance than an existential threat and abortion looms larger.

I would expect we're going to hear the president today in both states emphasize the provisions in many of the bills they have passed, the infrastructure bill, the semiconductor bill, and the climate bill, that can promote re-industrialization, E.V. factories, other clean energy factories, semiconductor factories, in the blue-collar areas where Democrats have struggled in recent years and where inflation looms larger as a challenge.

CABRERA: Errol, earlier this summer, some Democrats were questioning whether Biden should run for reelection and whether the party's candidates in key states specifically should keep him at arm's length.

And now we have him zigzagging across Pennsylvania, calling out Trump head on. How do you explain this shift?

LOUIS: Yes, well, this is a dual strategy by the president, meaning he's got two goals here.

One is certainly to try and shore up his own standing, just as Ron pointed out, to try and make sure that he's not blown out or not seen as unable to lead the party into his own reelection campaign in 2024. But the secondary mission is to try and make sure you hold on to the Senate by any means necessary, try and make sure that, as the leader of the party, you're seen as out there leading the party.

All of this talk about Biden maybe going away, not having the interest or the popularity or, frankly, the energy to lead his party, this is his way of answering it, three appearances in Pennsylvania, showing up today in Wisconsin. I think we're going to see him on the campaign trail quite a bit more, both to try and shore up his candidates in places like Ohio, and Wisconsin, and Pennsylvania, but also to show, I'm in charge of this party. I have got the energy. I can do this. Let's have no further talk about whether or not I'm running for reelection.

CABRERA: Errol Louis and Ron Brownstein, thank you both. I really appreciate it, and especially on a holiday. Thanks for making time.

(CROSSTALK)

CABRERA: A teacher abducted during a morning run is still missing. And we are learning the suspect served time for a kidnapping charge over 20 years ago. We have the latest on this disturbing case.

Plus, you have heard about the impacts of long COVID of course, like brain fog, but could a video game be a life-changing treatment? Dr. Sanjay Gupta has that report.

Plus, a home renovation in Portugal leads to an unbelievable discovery in one man's backyard.

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CABRERA: There's a massive manhunt under way for these two men wanted for a stabbing spree in Northern Canada.

At least 10 people are dead and another 15 injured. Investigators say there are at least 13 separate crime scenes surrounding an indigenous community in Saskatchewan. Now, officials believe some of the victims were chosen at random, while others were specifically targeted.

CNN's Paula Newton is following the latest developments for us.

And, Paula, this is a massive search area. Do police have any leads on where the suspect's might be at this point? PAULA NEWTON, CNN INTERNATIONAL SECURITY CORRESPONDENT: You know, the point here is, Ana, to make a blunt point of it, no, they do not.

And that is the reason why they are now appealing to the public. I want to say it has been an absolutely chilling and devastating day now for residents there that still feel as if they are being taken arise by these two suspects, as you point out, that they remain at large.

[13:20:04]

Now, a lot of the incident began in that indigenous community. And from that point on, there seems to have been also some attacks in a neighboring community of Walden, Saskatchewan. But then police say that in Regina, Saskatchewan, three-and-a-half-hour drive to the south, police believe that, around this time yesterday, they did receive a credible lead.

I want you to listen now to the police chief of Regina, who updated us just a short a short time ago. Listen.

(BEGIN VIDEO CLIP)

EVAN BRAY, REGINA, SASKATCHEWAN, POLICE CHIEF: We know, we are confident that someone out there knows the whereabouts of these two and has information that will be valuable to the police.

And I urge you to get in touch with your local police service to let us know.

(END VIDEO CLIP)

NEWTON: So at issue here is the fact that they are appealing to the public, right, and so the point being that police say they believe the way they are going to finally apprehend these incredibly dangerous suspects is to have family, friends, or anyone with any kind of sighting to call into them again, Ana, though they are stressing that they are dangerous.

They could possibly be in a black SUV, a Nissan Rogue. They believe that's how they were spotted in Regina and how they may have gotten there. But, right now, this manhunt, while concentrated in Regina, does in fact span thousands of miles.

Police believe that they could also be for some reason in neighboring provinces as well. So it doesn't look like they have been able to narrow the search, which is the discouraging part for those who have suffered so much trauma in the last day-and-a-half.

CABRERA: And so concerning knowing that police believe some of these attacks have been random, while others targeted. It means anybody could be potentially at risk here.

Paula Newton in Ottawa for us, thank you. We know you're going to stay on top of it.

And we're learning more about the suspect charged with kidnapping Memphis teacher Eliza Fletcher. It turns out he served prison time for an aggravated kidnapping more than 20 years ago.

And CNN national correspondent Gary Tuchman is following this story for us.

Gary, update us on this investigation and what we know about the suspect's past

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Right, Ana.

Eliza Fletcher is a mother of two small boys. She's a wife. She's a schoolteacher here in Memphis, Tennessee. Three days ago, she was jogging on a path right behind me next to the University of Memphis campus. When she got to this very intersection, she was kidnapped.

A man has been arrested and charged with the kidnapping. The police say he is not speaking about what might have happened to Eliza. So, officially, now Eliza is still missing, but the worst is being presumed.

(BEGIN VIDEOTAPE)

HART ROBINSON, FAMILY FRIEND: We want to find her.

TUCHMAN (voice-over): A major break, but still no sign of Eliza Fletcher.

Police have arrested a 38-year-old man named Cleotha Abston in connection with the Tennessee teacher's disappearance. He's now charged with kidnapping and tampering with evidence. It's unclear if he has an attorney. The arrest comes after U.S. Marshals track down what a criminal complaint affidavit says is the SUV seen in this surveillance video.

It shows 34-year-old Eliza Fletcher early Friday morning before dawn jogging next to the University of Memphis campus, when the driver of this black SUV forced her into the passenger side of the vehicle. The affidavit against Abston obtained by CNN reveals the SUV remained in a parking lot for about four minutes.

It said there appeared to be a struggle between the two, before the suspect drove away. U.S. Marshals found the GMC Terrain near Abston's home. The vehicle had the same damage and partial license plate seen in the surveillance footage, according to the affidavit.

Investigators contacted Abston's employer to help confirm the vehicle believed to be involved in Eliza Fletcher's kidnapping belongs to a woman associated with his address. In addition, the affidavit reveals DNA recovered from a pair of sandals found at the crime scene helped investigators identify Abston.

It said surveillance video from a local theater should Abston wearing the same sandals the day before Eliza's disappearance. According to the affidavit, Abston has declined to share Eliza Fletcher's whereabouts.

KAREN RUDOLPH, MEMPHIS POLICE SPOKESPERSON: Our concern is to locate Ms. Fletcher. So, if anybody knows where she's at, call the police immediately.

TUCHMAN: Eliza Fletcher, who goes by Liza, is a wife, a mother of two and a junior kindergarten teacher at the St. Mary's Episcopal School in Memphis. Her school, family and friends are pleading for help.

ROBINSON: She's a -- teaches. And then she has two young boys that obviously are worried about, and just great lady, really just the best mom.

TUCHMAN: Eliza Fletcher is an heiress whose late billionaire grandfather ran Orgill, Incorporated. The Memphis-based company is the nation's largest independent distributor in its field of hardware and home improvement, according to "Forbes."

CNN affiliate WMC posted a video statement from Eliza's family members, saying they have met with police and shared all the information they have. The family is offering a $50,000 reward through Crime Stoppers for information leading to her safe return.

[13:25:05]

MIKE KEENEY, UNCLE OF ELIZA FLETCHER: More than anything, we want to see Liza returned home safely. The family has offered a reward for any information that leads to her safe return. We believe someone knows what happened and can help.

(END VIDEOTAPE)

TUCHMAN: And, Ana, there's this disturbing detail.

This guy Abston, back in 2000, court records indicate he was accused of a kidnapping. He ultimately was found guilty of the kidnapping after he was charged. It was a man, a lawyer who lived here Memphis who did escape. However, he was sentenced, Abston, to 20 years in prison. He served in prison until a year and 10 months ago. He got out November of 2020.

And now this case. He will be arraigned in court tomorrow -- Ana.

CABRERA: All very concerning.

Gary Tuchman, thank you for that report.

It is estimated millions and millions of Americans are dealing with long COVID, and one key symptom, brain fog. But what if I told you a video game could help with that?

Sanjay Gupta has the report just ahead.

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