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DOJ To Supreme Court: Stay Out Of Mar-A-Lago Documents Case; Jan 6 Committee's Next Public Hearing Set For Thursday; Republicans Stand By Walker Ahead Of Midterms. Aired 10:30-11a ET
Aired October 12, 2022 - 10:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[10:30:00]
NANCY GERTNER, FORMER FEDERAL JUDGE: In this kind of factual dispute. It would be extraordinary and without basis. So for the second part of your question, I would be astonished if the court intervenes at all.
BIANNA GOLODRYGA, CNN HOST: And on that note, Caroline, it's interesting that Steve Vladek, who is CNN Supreme Court Analyst said that even if in the unlikely event that Supreme Court does side with former President Trump that quote, 'it would have no impact on whatever the Department of Justice is doing with those materials.' Do you agree with that?
CAROLINE POLISI, FEDERAL AND WHITE COLLAR CRIMINAL DEFENSE ATTORNEY: Absolutely. I think it's really important when we talk about this specific sort of trial within a trial, if you will, is that we have to see the forest from the trees. This is sort of a side show red herring, the heart of the issue, the legal issue here is sort of a niche jurisdictional one that has to do with whether or not you can do an interlocutory appeal.
It's not a very interesting question. I agree with Judge Gertner. It would be very surprising if the Supreme Court took it up. For sure, it would not take it up were it any other plaintiff in this case, but like so many, you know, things with this case, we've seen Bianna before, unprecedented, right?
The unprecedented nature of this just you know, makes you unable to predict what's going to happen but it is pretty clear that what Team Trump wants is to be able to see what the Justice Department has meaning they're not sure what is in their possession, and they want a real inventory of it.
I don't think they'll win. I don't think the Supreme Court will - will step in here. And I think the Justice Department's review will continue apace.
GOLODRYGA: You're right. Unprecedented has become sort of an evergreen term, in these legal cases, as of late. Judge Gertner, let me ask you if you think this part of the DOJ's response was notable. It says that Christina Bobb, she's the Trump attorney who signed a letter earlier that inaccurately, attesting that all classified material had been returned, following a quote, diligent search at Mar a Lago. Here's what they said, "provided a sworn certification in writing on behalf of the Office of Donald J. Trump, that a diligent search was conducted of the boxes that were moved from the White House to Florida, and that any all responsive documents accompany this certification. The certification further stated that no copy written notation or reproduction of any kind was retained as to any responsive document."
What do you think about the point the DOJ appears to be alluding at and that that there may be copies of these documents out there somewhere?
GERTNER: Well, I mean, of course, there may be, there may be copies, if you recall, they found classified envelopes with classification markings on the outside, but nothing inside. I mean, it was chaos with respect to the most serious and important documents that the federal government keeps.
So there's - in other reporting, it's clear that there's worry that other documents are out there. But just again, you have to step back, and I keep on urging people to step back. These are documents that Trump had for almost 18 months. And the notion that he needs access to the documents that he has had is extraordinary at this point.
It's just extraordinary. Also, Christina Bobb and whoever did that attestation has levels of their own culpability here, which we understand the government is addressing.
GOLODRYGA: Yes, it's interesting when - when the lawyers themselves have to get and retain lawyers and representation. Caroline, let me ask you about what you are looking for tomorrow at the January 6 Hearing, likely the last one before the midterms. We're not expecting any witnesses. But we are expecting that the committee will present more evidence linking the former president to the rioters and the events that unfolded on January 6.
POLISI: Yes, and that's really the hot button issue here Bianna. I've said from the beginning, the committee has done an excellent superb job of laying out a timeline of events. Remember, the first hearing really, you know, we saw never before seen footage of the mayhem that took place on that day.
And then thereafter, we saw evidence of the other potential crimes looming here, you know, conspiracy to defraud the United States, to obstruct an official proceeding. But there hadn't been a, you know, a real through line between the seditious conspiracy for what you know, the Justice Department is prosecuting currently, and President Trump.
And so I will be looking for more information about that Willard Hotel War Room meeting, any communications between Team Trump and potentially the Oath Keepers and the Proud Boys. Again, anything to draw the specific connection because that's what you need really, legally. Here, a specific connection between Trump and the seditious conspirators on that day, and I think that the committee should do like a highlight reel because they should know their audience. It is, you know, the American public tends to forget things. It's been a while since we've had a hearing so I think they need to sort of package this adeptly and smartly so that the American public gets a really clear picture of the whole thing.
[10:35:00]
GOLODRYGA: Yes the first hearing was earlier last summer. We'll be covering it of course tomorrow for you here on CNN and Nancy Gertner and Caroline Polosi, thank you. We appreciate your time.
Well, it's one of the most high profile races of the midterms and incumbent Senator Raphael, Warnock is holding on to a slight lead over Herschel Walker. How Republicans hope their final push will overshadow the scathing accusations against Walker. That's coming up next.
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[10:40:00]
GOLODRYGA: In Georgia Republican Senate nominee Herschel Walker is denying new allegations from a woman who claims he paid for her abortion. And this comes amid new reporting from the Washington Post stating that the woman says she had to repeatedly push him to pay for the procedure.
Despite these allegations, two prominent senators rallied behind Walker, Tuesday on the campaign trail. CNN's Eva McKend joins me now with the latest. So Eva, how did Walker respond?
EVA MCKEND, CNN NATIONAL POLITICS REPORTER: Well, Bianna, as of this morning, we still have not heard back from the campaign regarding this latest development, this unnamed woman adding details to her account, saying basically, she had to press Walker for this money, even though it was him that wanted her to terminate the pregnancy.
But prior to this latest information, Walker sat down with ABC and again strenuously denied the allegations.
(BEGIN VIDEO CLIP)
LINSEY DAVIS, ABC NEWS Anchor: I know initially, last week, you were saying you weren't even sure who the woman was.
HERSCHEL WALKER (R) GEORGIA SENATE CANDIDATE: Which is true.
DAVIS: But at this point, you now know who she is?
WALKER: Yes, yes.
DAVIS: And have you had a conversation with her?
WALKER: Not at all. So I didn't know who it was until last week. And I went oh, and I said that's not true. And but they still ran with it. And so I said, you know, that's not true. I would say that's a lie. I call it a lie. And right now, I say I'm going to go back to campaigning, and people can continue to do whatever they want with the story.
DAVIS: If I can get you to say a yes or no, did you ever have a conversation with this woman at any time about an abortion?
WALKER: No.
DAVIS: Did you ever to your knowledge give money to pay for the cost of an abortion?
WALKER: No.
DAVIS: Is she lying?
WALKER: Yes she's lying. Yes, she's lying. Yes she's lying.
(END VIDEO CLIP)
MCKEND: I should note CNN has not been able to independently verify the core allegations against Walker here. But now it's really up to Georgia voters to decide who they believe. I will say Walker continues to enjoy the full support of the Republicans establishment with key players from the national Republican senatorial committee stumping for him yesterday In Carrolton. And conservatives I spoke with at that rally by and large say that even if the allegations are true they will still support Walker, come November.
Walker's race against Democratic incumbent Raphael Warnock among the most competitive in the country. The two will face off in a debate in Savannah, Friday. Bianna.
GOLODRYGA: Eva McKend, thank you so much. Well, he is at the center of a wildly popular podcast. Now Adnan Syed is officially cleared in the murder of his high school ex-girlfriend. How the family of Hae Min Lee is responding to news and what the Baltimore city prosecutor is saying this morning.
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[10:45:00]
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GOLODRYGA: Jury deliberations are underway in the penalty trial of Parkland School shooter Nikolas Cruz. Jurors are deciding on whether to recommend Cruz spends the rest of his life in prison or receive the death penalty. Cruz pleaded guilty to killing 14 students and three adults in 2018. CNN's Carlos Suarez is live in Fort Lauderdale with the latest. So Carlos, what did attorneys say in the courtroom, Wednesday?
CARLOS SUAREZ, CNN REPORTER: Well Bianna, just a few minutes ago, the jury finally broke, the case is now in their hands and they begin the difficult work of deliberating whether or not Nikolas Cruz is going to die for his actions are he will spend the rest of his life in prison.
Yesterday, both the state and the defense, they made their final case for life and death in this case. The state once again reminded jurors just how cruel the shooting was in Parkland. They described how Nikolas Cruz went back to some of his victims and shot them several times just to make sure that they were dead.
The defense, they asked the jury to show Cruz mercy, something that they admitted in court Cruz did not show a lot of his victims. The defense has tried to paint the picture of Cruz as being a troubled young man who was mentally I'll, whose adoptive mother had trouble raising a child with special needs and whose own birth mother used drugs and alcohol while she was pregnant with Cruz.
While the state they have focused a lot of their work on the intent here. They have highlighted how Cruz spent more than a year planning this shooting. They even read some of his social media commentary where he talked about what he wanted to do. Here now is just some of the exchange that was in court, yesterday.
(BEGIN VIDEO CLIP)
MIKE SATZ, PROSECUTOR: It was calculated. It was purposeful. And it was a systematic massacre.
VOICE OF MELISA MCNEIL, DEFENSE ATTORNEY: Sentencing Nikolas to death will change absolutely nothing. It will not bring back those 17 innocent victims that he viciously murdered.
(END VIDEO CLIP)
SUAREZ: All right, so deliberations could take some time. That's because each of the 17 counts of first degree murder have four pages of questions that the jury has to answer in Florida. Their decision has to be unanimous on death or Cruz will spend the rest of his life in prison. Bianna.
GOLODRYGA: All right, Carlos Suarez, our thanks to you. Well, after 23 years in prison, Baltimore prosecutors dropped all charges against Adnan Syed, Tuesday.
[10:50:00]
He was in prison for the 1999 killing of his ex-girlfriend Hae Min Lee and whose murder case was featured in the landmark podcast, 'Serial.' An attorney for Hae Min Lee's family said they were not notified the charges were dismissed against Syed.
(BEGIN VIDEO CLIP)
STEVE KELLY, ATTORNEY FOR HAE MIN LEE'S FAMILY: They feel excluded. You know, young Lee, his brother said in court that he felt blindsided and betrayed. The feeling is only deepened here and they feel that you know there are a lot of questions out there that need to be asked that are not being asked and so for them this is not over.
They really intend to do everything possible to really get behind what happened here.
(END VIDEO CLIP)
GOLODRYGA: As for Syed, the case is over. According to Baltimore City State's Attorney Marilyn Mosby. Mosby cited results of DNA testing of Lee's clothing and shoes which ruled out Syed.
(BEGIN VIDEO CLIP)
MARILYN MOSBY, STATE ATTORNEY FOR BALTIMORE CITY: Justice delayed is justice denied. This man has been excluded. The DNA has come back. And so again we offer every sort of resource and counseling. We provided the motion and a copy of the motion to vacate prior to anyone else receiving it. We were compelled in the interest of justice and fairness to dismiss this case.
(END VIDEO CLIP)
GOLODRYGA: We should note that no other suspects have been named. Well, two weeks after Hurricane Ian slammed into Southwest Florida the struggle to get aid continues for those with nothing left. Their stories up next.
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[10:55:00]
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GOLODRYGA: School officials in southwest Florida are doing everything they can to help get students impacted by Hurricane Ian back into the classroom. In Lee County, the school district is reopening enrollment offices this week. Now that will allow families who were displaced or relocated after the storm to re-enroll for the new school year. But there is still so much that needs to be done on the road to recovery. Here's CNN National Correspondent, Nadia Romero with more.
(BEGIN VIDEO CLIP)
BRITTANY BOWIE, HURRICANE SURVIVOR: I consider it kind of like a band aid over bullet holes.
NADIA ROMERO, CNN NATIONAL CORRESPONDENT: That's how Fort Myers' mother of eight, Brittany Bowie describes the Hertz Arena shelter still housing evacuees two weeks after Hurricane Ian hit southwest Florida. The American Red Cross runs this ice rink turned refuge that usually home to the Florida Everblades Ice hockey team. Bowie says it's cold all of the time.
BOWIE: It's cold in here. It's cold on this floor.
ROMERO: Even showers are ice cold and there's limited food and resources.
BOWIE: There has been a couple overdoses, a lot of heavy alcohol use or there's been a lot of fights, a lot of dinners turned into peanut butter and jelly.
ROMERO: Bowie says she hasn't heard from a caseworker the Red Cross promised would help.
BOWIE: Can you help us out at all? You know, just what should we do next? I mean, you know wait to hear back. They really don't have a plan for you know any of us at the moment.
ROMERO: The American Red Cross did not provide CNN with an on camera interview. But in a statement acknowledged some challenges reading in part, "our feeding vehicle loaded with meals was delayed in reaching the arena due to clogged roads and heavy traffic. To help avoid further issues, we moved a mobile kitchen to the Hertz arena so that meals can be prepared on site." Also stating, "we have already helped 16 families that had immediate needs move into more sustainable housing situations."
Snowbird's Thom Delforge, feels lucky his homeowners insurance may cover some of his repairs.
THOM DELFORGE, FORT MYERS RESIDENT: How long is it going to be to have just the rubbish picked up? I've got a tree on the back of the house too. You can see just barely the top of it but that's got to get - I've got a hole in the roof. We're going to kind of patch that. Contractors are going to be very difficult to find.
ROMERO: Entire neighborhoods in distress as residents rip out their soiled and moldy belongings. Christian organization, Samaritan's Purse says they'll stay in southwest Florida for six months or longer to help homeowners in need.
TODD TAYLOR, SAMARITAN'S PURSE MANAGER FOR U.S. DISASTER RELIEF: Over these past two weeks, we have seen a lot of work. You can drive down the streets. I was over in Arcadia a couple of days ago. I was driving through here today. You see piles of debris on every street and that's a sign that recovery is beginning.
ROMERO: Mud and muck remain in what's left of Greg Anerino's Sanibel Island Home. Saturday, he met with the FEMA representative but through his homeowners and flood insurance.
GREG ANERINO, SANIBEL ISLAND RESIDENT: They gave me some money right up front to get started for - for - to living expense and food. So worked out really great.
ROMERO: A temporary bridge to connect Sanibel and Captiva island so the mainland is now open to emergency crews and state officials say it will be open to the public by October 21. But Anerino won't return to Sanibel Island for good.
ANERINO: You're going to go to an island then God forbid, here comes another storm. And then you're done again, you do the same thing over again. No I'm not going to do that.
ROMERO: But some don't have many options. Back at Hertz Arena, Bowie wonders about all the money Americans have donated to Hurricane Ian victims.
BOWIE: And they say oh my goodness, a million more has been sent. And then you get peanut butter and jelly at night and it's like where's it going? So where's all the funds going? You know, that's my honest question.
(END VIDEO CLIP)
ROMERO: And Brittany Bowie who we just heard from tells us that they don't have access to do laundry. There's no washer and dryers inside and they've been here for two weeks. The American Red Cross telling us today that they are actively sorting through clothes donations so they can provide those clothes to the shelter residents. Bianna.
GOLODRYGA: An important reminder that the road to recovery for 1000s of residents there will be a long one. Nadia Romero, thank you. And thank you for joining us today. I'm Bianna Golodryga. At this Hour with Kate Baldwin starts right now.
