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January 6th Committee Votes to Subpoena Trump; New Video Shows Lawmakers Scrambling to Save the Capitol; Teen Suspect in Custody After Deadly North Carolina Shooting. Aired 9-9:30a ET

Aired October 14, 2022 - 09:00   ET

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

[09:00:00]

MARQUARDT: Even has to exist.

KEILAR: Yes. People shouldn't have to use that. But it's really amazing that she's stepping in and providing that. You can see a lot of people are interested in it. And she's doing a really good thing there.

MARQUARDT: A real spike.

KEILAR: Yes.

MARQUARDT: In those types of hate crimes.

KEILAR: Really.

CNN's coverage continues right now.

MARQUARDT: Take care.

BIANNA GOLODRYGA, CNN ANCHOR: Good morning, everyone. I'm Bianna Golodryga.

Right now former President Trump set to respond as he faces a congressional subpoena to appear and testify under oath before the January 6th Committee. That revelation, the crescendo to a day filled with stunning developments. The committee sharing new evidence from the Secret Service illustrating the knowledge and the threat that existed going into January 6th, as well as the advanced planning from the Trump orbit to declare victory on election day.

And this morning, in a CNN exclusive, new never-before-seen footage of a rare moment of bipartisan effort to push forward on January 6th. We'll hear the pivotal phone calls between speaker of the House Nancy Pelosi and then Vice President Mike Pence on that day.

Our team is following all the latest developments surrounding this investigation. The overnight subpoena to Donald Trump just one of the major advances that the committee put forward. So let's begin with CNN political correspondent Sara Murray.

Sara, walk us through the big takeaways from this hearing yesterday because there were quite a few.

SARA MURRAY, CNN POLITICAL CORRESPONDENT: Yes, that's right. You know, the committee wanted to break new ground in that hearing and I think they certainly did that. Obviously, the big headline they got was the decision to move ahead with the unanimous vote to subpoena documents and testimony for the former president, that's obviously a big step. A historic step.

You know, we also saw a lot of this footage of the congressional leaders when they had to evacuate the Capitol at Ft. McNair. We saw the efforts that Nancy Pelosi and Chuck Schumer were going to to try to get outside help, to get assistance from the National Guard. You know, we also heard snippets of an interview the committee did with Elaine Chao, who was Donald Trump's former transportation secretary.

She resigned after the Capitol riots that happened on January 6th. You know she essentially said she was an immigrant, came to this country, she believes in the peaceful transfer of power and her value system did not allow her to stay in the Trump administration after that.

We've got some sort of more stunning testimony from Cassidy Hutchinson who was a top aide to Mark Meadows talking more about how the former president knew he lost but wasn't willing to let it go. I think that was a big one.

You know, we saw some documentation that Trump planned ahead of the election results to just declare victory no matter what happened and then it got a little bit more detail on what the committee had uncovered from this trove of communications they got from the U.S. Secret Service, including warnings back in December coming to the U.S. Secret Service from people saying, look, extremist groups are planning on going to the Capitol, they want to kill people while they were there.

So I think there were a lot of big headlines coming out of the hearing. But I do want to go back to this Cassidy Hutchinson testimony. She was such a bombshell witness in the public hearing. But listen to what she said in the video testimony they showed yesterday.

(BEGIN VIDEO CLIP)

CASSIDY HUTCHINSON, FORMER TRUMP WHITE HOUSE AIDE: So he had said something to the effect of, I don't want people to know we lost, Mark. This is embarrassing. Figure it out. We need to figure it out. I don't want people to know that we lost. I remember looking at Mark, and I said, Mark, you can't possibly think we're going to pull this off. Like that call was crazy. And he looked at me and started shaking his head and he said, no, Cass, you know, he knows it's over. He knows he lost, but we're going to keep trying.

(END VIDEO CLIP)

MURRAY: You know, one of the hardest things for this committee to do is to show what Donald Trump was actually thinking because so many people around him have either refused to testify or pleaded the Fifth, so to have that video from Cassidy Hutchinson, you know, sort of relaying what Mark Meadows said in his conversations with the president, I think, was big for the committee to sort of make their point that Donald Trump knew that he had lost but just was not willing to drop it.

GOLODRYGA: Yes, to hear her say that Mark Meadows said he knows he lost, he knows that it's over. Quite compelling indeed.

Sara Murray, thank you.

Let's get right to CNN's Kristen Holmes with more on the footage of a bipartisan group of lawmakers scrambling to restore order on January 6th.

Kristen, how does this incredible video demonstrate the chaos that surrounded that day?

KRISTEN HOLMES, CNN NATIONAL CORRESPONDENT: Bianna, it doesn't just demonstrate it, it highlights it. In this video, we see for the first time Speaker of the House Nancy Pelosi fleeing the Capitol amid that riot. We also see, as you said, this bipartisan group of lawmakers essentially working together two miles away at Ft. McNair, that military base, trying to get control over this increasingly volatile situation.

At one point, Bianna, we learned that as late as 4:30 p.m. on the day of the riot they were still talking about whether they should move the Joint Session of Congress to that military base in order to certify the election.

I want to play for you a clip of just some of that incredible footage.

(BEGIN VIDEO CLIP)

REP. NANCY PELOSI (D-CA): They're breaking windows and going in. Obviously, ransacking our offices and all the rest of that. That's nothing. The concern we have about personal harm --

SEN. CHUCK SCHUMER (D-NY): Safety.

[09:05:05]

PELOSI: Personal safety is just -- transcends everything, but the fact is on any given day, they're breaking the law in many different ways. And quite frankly, much of it at the instigation of the president of the United States. And now, if he could at least -- somebody --

SCHUMER: Yes, why don't you get the president to tell them to leave the Capitol, Mr. Attorney General, and your law enforcement responsibility? A public statement they should all leave.

(CHANTS OF "USA")

SCHUMER: This cannot be just we're waiting for so-and-so. We need them there now, whoever you've got.

SEN. STENY HOYER (D-MD): You also have troops -- this is Steny Hoyer. Troops at Ft. McNair, Andrews Air Force Base, other military bases. We need active duty National Guard.

SCHUMER: How soon in the future can you have the place evacuated? You know, cleaned out?

UNIDENTIFIED MALE: I don't want to speak for the leadership that's going to be responsible for executing the operation, so I'm not going to say that because they're on the ground.

PELOSI: Well, just pretend for a moment that we're the Pentagon or the White House or some other entity that was under siege. And let me say, you can logistically get people there as you make the plan.

We're trying to figure out how we can get this job done today. We talked to Mitch about it earlier. He's not in the room right now, but he was with us earlier and said, you know, we want to expedite this and hopefully they could confine it to just one complaint, Arizona, and then we could vote and that would be -- you know, then just move forward with the rest of the state.

The overriding wish is to do it at the Capitol. What we are being told very directly is it's going to take days for the Capitol to be OK again. We've gotten a very bad report about the condition of the House floor, with defecation and all that kind of things as well. I don't think that that's hard to clean up, but I do think it is more from a security standpoint of making sure that everybody is out of the building and how long will that take.

I just got off with the vice president.

SCHUMER: And I got off with the vice-president elect. So I'll tell you what she said.

PELOSI: OK. But what we left the conversation with, because he said he had the impression from Mitch that Mitch wanted to get everybody back to do it there.

SCHUMER: Yes.

PELOSI: I said, we'll, we're getting a counter point that is -- that could take time to clean up the poo-poo that they're making all over the -- literally and figuratively in the Capitol, and that it may take days to get back.

MIKE PENCE, THEN VICE PRESIDENT: Nancy, so I'm at the Capitol building. I'm literally standing with the chief of police of -- you know, the U.S. Capitol Police. He just informed me what you will hear through official channels, Paul Irving, your sergeant-at-arms, will inform you that their best information is that they believe that the House and the Senate will be able to reconvene in roughly an hour.

SCHUMER: Good news.

PENCE: Your sergeant-at-arms will be in touch about the process for getting members back into the building.

PELOSI: Thank you very much, Mr. vice president. Good news. (END VIDEO CLIP)

HOLMES: Now, while you see the collaboration there between Pence and Pelosi, one thing that you don't actually see is this moment of softness where Pelosi seems genuinely concerned about Pence when he's hiding, saying don't tell anyone where you are, asking about his wellbeing. This is really interesting to see given the juxtaposition of what Trump, the president of the United States, Pence's president, was doing at that time, which we learned was tweeting out something that said Mike Pence didn't have the courage to do what should be done. Again, a big juxtaposition here as you watch this video unfold -- Bianna.

GOLODRYGA: Yes, you see the vice president at the time speaking throughout the day there, reassuring Nancy Pelosi that they literally are on the same page and trying to reconvene. Quite opposite from what the president was doing at the time.

Kristen Holmes, thank you.

Well, let's break all of this down with our experts. Joining us now former deputy assistant attorney general Elliot Williams, former special assistant to President George W. Bush, Scott Jennings, and CNN senior political analyst John Avlon.

So I should just note that former President Trump has indeed responded to that subpoena to Truth Social. It is a lengthy page response. So we don't have it with us now.

[09:10:01]

We will go over it in the next coming minutes. But let's talk first just big picture, John. Your reaction to the video that we saw yesterday.

JOHN AVLON, CNN SENIOR POLITICAL ANALYST: The contrast between, as I think the key point, Pelosi and Pence and Mitch McConnell, the leading Republicans and Democrats in that moment of crisis for our country, coming together to work together in the spirit of civility and civic commitment to the people's business getting done. Certifying an election. After the president of the United States at the time had basically instigated a mob to attack the Capitol, which they also understood to be a fact at the time.

That's a sign of civic strength and it's nothing we can take for granted but something we should celebrate. And the contrast between the president's actions, the information that came out yesterday showing that the former president and his henchmen were planning to lie about the election well before the election.

GOLODRYGA: And yesterday's hearing really culminated with that live vote subpoenaing the president and the committee agreeing to subpoena the president. As we said, we are going through his response right now. But I want to get, Scott, your reaction to what Jamie Raskin said

about why they think it would be compelling for him to speak with them. Let's listen.

(BEGIN VIDEO CLIP)

REP. JAMIE RASKIN (D-MD): But even if he thinks that it was a righteous manifestation of pro-Trump sentiment, then he should come forward if he really wants to be the Mussolini of a mass right-wing populist movement to attack the constitutional order. He should come forward and explain that.

(END VIDEO CLIP)

GOLODRYGA: So present-day Mussolini of this new movement. Do you think that there's enough there to goad him, to compel him to come forward?

SCOTT JENNINGS, CNN POLITICAL COMMENTATOR: I mean, there are people in his orbit saying that he wants to do it. That he -- that he feels inclined to want to get out and have his Colonel Jessup moment, I guess, here at the end of the January 6th hearing. Now Elliot is the lawyer and he'd probably tell you that's a crazy idea given the fact that this guy is under about 1,000 investigations right now. So, you know --

GOLODRYGA: We know that Donald Trump doesn't always listen to his lawyers.

JENNINGS: I know, but he has a lot of confidence in his ability to communicate and sway people and to always be right, but boy, it seems like a perilous idea to me. Counselor, what do you think?

GOLODRYGA: You talk about -- well, before we get to you, Elliot, I do want to play sound of those who did work, a former adviser to President Trump, who spoke this morning about how he does think that the president would want to speak out now and comply. Let's listen.

(BEGIN VIDEO CLIP)

GAVIN SMITH, FORMER TRUMP WHITE HOUSE OFFICIAL: In my time working for Donald Trump, one thing that I learned is simply Donald Trump can avoid a show. So if the committee were to agree to carry this on national television, I'm just not convinced that he wouldn't show up. There's a question of will he, I'm not really sure. Does he want to, yes, I think he does.

(END VIDEO CLIP)

GOLODRYGA: So, Elliot, there's never a show that he wants to miss. What is your take legally?

ELLIOT WILLIAMS, CNN LEGAL ANALYST: Legally, to echo Scott, this would be crazy. He's under 1,000 investigations. We know literally every time he opens his mouth, he's subjecting himself to, number one, contradictory statements, so statements that would be used to impeach him, to use the legal word, or just, number two, step in it even further as somebody who is investigated.

Now, look, all four of us would say it would make for great television, there's no question about that. But even somebody receiving bad legal advice, as maybe he is, maybe he isn't, no lawyer is going to let him get on the stage with that committee.

AVLON: But hold on. I mean, this isn't about the spectacle. It may be for Donald Trump, right. He's moth to a flame for the prospect of more attention. The critical difference that he would be under oath.

GOLODRYGA: Yes.

AVLON: Right. That's the critical difference. And for the American people, now he may perjure himself in the pursuit of great TV and grandstanding but that would have legal implications potentially. And I just think that, you know, as we saw from Cassidy Hutchinson's testimony, one of the things that was so striking to me yesterday is where there was the acknowledgment by Trump that he lost the election, that it was embarrassing, and we couldn't let people know the truth.

GOLODRYGA: So what does that do to his argument, though, a potential argument in a legal case, if his initial argument would have been, I always thought I won and there's that? If you have witnesses, now multiple witnesses, I believe Alyssa Farrah Griffin also said that he said, can you believe I lost to that blanking guy?

WILLIAMS: That's an excellent question because if he -- particularly when you're talking about campaign related offenses, if somebody genuinely thinks they won and is pursuing their legal avenues, you're not going to be able to prosecute them successfully for a campaign violation. Number one, when it's clear that he was lying on the record about losing or when people around him were, you know, that's evidence of these campaign offenses I'm talking about, but also if any of them gave those statements, not even sworn, to an FBI agent or something else, that's an additional crime, too.

So, you know, it starts getting a little bit murkier. And not even murkier, it's is clearer that it's a crime.

GOLODRYGA: But Scott --

JENNINGS: My assumption is he would just call these people liars. He would say I never said --

GOLODRYGA: Every one of them?

JENNINGS: That's what -- I mean, that's what he does. I mean, don't you think, John? I mean, I think he would say, I never said that to her. That person never heard me say that. That person wasn't in the room with me. I mean, that would probably be the tactic.

[09:15:01]

GOLODRYGA: So can I just ask you about the Republicans' response? Aside from Elise Stefanik, I think they have been relatively quiet following yesterday's hearing. We saw that Republicans and Democrats stood huddled together trying to get to reconvene Congress, right, and get things back on track. After the fact, you had Scalise, who we saw on camera standing there with Nancy Pelosi, saying where was she, what was she doing that night? What does that say about the one bipartisan moment we saw when it really mattered but what the public would see in the months that ensued after?

JENNINGS: Well, I think on the front end, the fact that they were all there together trying to get the Congress back in session, that was the most vital thing that happened. Had they not done that, had the thing gotten delayed to the next day, that's all the foothold Trump would have needed to say, well, we're off schedule now and now there's uncertainty and maybe they see it my way. You know, time has a way of eroding momentum. And so it was vital that they all worked together to get back in.

GOLODRYGA: Yes.

JENNINGS: What we have heard in the months since and the way certain people have acted --

GOLODRYGA: It's just telling that the public didn't see what we ended up seeing on that video because that would have been important.

JENNINGS: But what's clear is they all know the truth. They were there. They know what happened.

GOLODRYGA: They saw it. They were fearful for their lives.

(CROSSTALK)

WILLIAMS: There's a lot of theater to politics. And we were talking about this beforehand these folks in private and public --

GOLODRYGA: We have a lot to talk about. We're going to have you back in the segment coming up. Sit tight. We're going through this response from the former President Trump and we'll have more on that. Bet you can't wait to read it.

But next, we go to North Carolina where a juvenile opened fire killing at least five people including an off-duty police officer. We're learning more moments ago from the police department and we'll go there live.

Plus, a new investigation about the Parkland shooter's trial. Less than a day after the jury recommended a life sentence, did one juror improperly threaten another? We're live in Florida.

And the Biden administration facing several challenges on Russia. How to navigate supporting Ukraine in the face of more air strikes. And how to respond to Saudi Arabia as they take steps that essentially help Vladimir Putin with his war. We're joined by Democratic Senator Chris Coons. Stay with us.

(COMMERCIAL BREAK)

[09:21:16] GOLODRYGA: This morning authorities say the suspect, a 15-year-old white male, is in custody and remains in critical condition after five people were killed Thursday in Raleigh, North Carolina, including an off-duty police officer. Two others were injured. Authorities at a press conference last hour praised the resilient community in the wake of the deadly gun violence.

(BEGIN VIDEO CLIP)

CHIEF ESTELLA D. PATTERSON, RALEIGH POLICE: As you know, five individuals lost their lives, including an off-duty Raleigh Police Department officer. Two others were injured, including a Raleigh police officer who has been treated and released from the hospital. The other injured victim is 59-year-old Marcile Gardener who is still in critical condition. A 15-year-old white male suspect was taken into custody and is in critical condition.

(END VIDEO CLIP)

GOLODRYGA: CNN's Ryan Young is in Raleigh with the very latest.

So, Ryan, what more did we learn?

RYAN YOUNG, CNN NATIONAL CORRESPONDENT: So very tough for the people in this community. You can feel the pain, and as you talk to folks, of course, they're trying to figure out exactly why did this happen. You're talking about a 15-year-old teenager who apparently opened fire. That's according to police. We just learned from a source that he had two guns. There was a long gun and it was also a handgun.

So that's something police are going through right now to try to figure out exactly where he got those guns, going to go to his house and try to gain some evidence in terms of motive because right now no motive has been released. Police are ticking through the names and the ages of the people who were shot, there is no motive in terms of trying to put the victimology together. And it was a beautiful day yesterday here in the Raleigh area so there might have been people in the park, going on about their daily lives when someone in camouflage apparently started opening fire and those calls to 911 started happening immediately.

You can understand why the governor is so angry about what's happened in this community. Take a listen.

(BEGIN VIDEO CLIP)

GOV. ROY COOPER (D), NORTH CAROLINA: No neighborhood, no parent, no child, no grandparent, no one should feel this fear in their communities. No one. As policymakers, we cannot and we will not turn away from what has happened here. We must be resolved to make changes and to succeed.

(END VIDEO CLIP)

YOUNG: And it's actually hard to kind of tell you about the fear that gripped this entire area, especially in this neighborhood, as neighbors were talking on Facebook, making phone calls to loved ones to try to figure out where everybody was. I mean, this manhunt lasted for hours, and the police were able, even after having two of their own shot, were able to cordon him in a certain area before taking him and being able to arrest him.

So there's so many more questions. When we learn more about the motive of course we'll pass it on, but right now you're dealing with a community in total shock.

GOLODRYGA: Yes, community in shock. So many more questions. How did a 15-year-old get access to two deadly weapons? Ryan Young, thank you so much.

And still to come, President Trump now responding to the January 6th Committee this morning with a lengthy response at that. We're going through his statement just now.

(COMMERCIAL BREAK)

[09:29:09]

GOLODRYGA: Happening right now, former President Donald Trump responding this morning after the January 6th Committee's vote to subpoena him yesterday.

CNN's Sara Murray joins us again.

It's a lengthy response, Sara, with plenty of exhibits. What stood out to you here?

MURRAY: It is a lengthy response. It is 14 pages long. And nowhere in these 14 pages does Donald Trump actually address the question or the demand rather from the subpoena that he provide testimony and documents to the committee. That remains unaddressed. You can probably guess what his response is going to be based on the tone of this letter, though, which is essentially railing against the January 6th Committee. He calls them the unselect committee.

He says that this is another witch hunt. He goes through in these pages sort of repeating the falsehoods that he has spread about the 2020 election. You mentioned the exhibits there. You know, he runs through five different states that he has been sort of obsessed with in the wake of the 2020 election. Again reiterating a lot of the false claims that we have seen from him before about the election.