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Juror in Parkland Case Threatened?; Georgia Senate Race Debate; Supreme Court Rejects Trump Request to Intervene in Mar-a-Lago Case; Trump Blasts January 6 Committee. Aired 1-1:30p ET

Aired October 14, 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]

JOHN KING, CNN HOST: Be allowed to have mail-in ballots sent to different addresses and to vote outside of their precinct.

Vermont Senator Bernie Sanders joins Jake Tapper tonight in prime time to discuss what Democrats must do, in his view, to win the upcoming midterm elections. Catch that interview tonight 9:00 p.m. Eastern right here on CNN.

Thanks for your time today on INSIDE POLITICS.

Ana Cabrera picks up our coverage right now.

ANA CABRERA, CNN HOST: Hello, and thanks so much for being with us on this Friday. I'm Ana Cabrera in New York.

Repeating it doesn't make it true. One day after the House committee investigating the January 6 attack voted to subpoena the former president in its sweeping probe, Donald Trump is unleashing, calling the panel names and once again falsely claiming the 2020 election was stolen.

saying nothing about whether he will actually comply with that subpoena. What we do know, the committee has reviewed thousands of documents, videos, conducted hundreds of interviews, an investigation now laid out for all of America, explosive revelations leading up to and on the day of the insurrection. More about that in just a moment.

But, first, CNN exclusively obtained more video of the day of the attack, never-before-seen footage taken by Speaker Pelosi's daughter, a documentary filmmaker on January 6. Here is Speaker Pelosi before the siege.

(BEGIN VIDEO CLIP)

DONALD TRUMP, FORMER PRESIDENT OF THE UNITED STATES: We're going walk down -- and I will be there with you -- we're going walk down to the Capitol.

REP. NANCY PELOSI (D-CA): Tell him, if he comes here, we're going to the White House.

(LAUGHTER)

TERRI MCCULLOUGH, PELOSI CHIEF OF STAFF: They have dissuaded him from coming to Capitol Hill. They told him they don't have the resources to protect him here. So, at the moment, he is not coming. But that could...

UNIDENTIFIED MALE: Change.

MCCULLOUGH: Change.

PELOSI: I hope he comes. I want to punch him out.

(CROSSTALK)

UNIDENTIFIED FEMALE: I would pay to see that.

PELOSI: They're waiting for this, for trespassing on the Capitol grounds. I want to punch him out, and I'm going to go to jail, and I'm going to be happy.

(END VIDEO CLIP)

CABRERA: An apparent joke that quickly became no laughing matter.

A mob smashing windows, attacking police, storming the Capitol, and Pelosi was rushed out.

(BEGIN VIDEO CLIP)

PELOSI: Are they calling the National Guard?

UNIDENTIFIED FEMALE: Yes. Yes, ma'am.

PELOSI: Did you reach McConnell?

UNIDENTIFIED FEMALE: We did.

PELOSI: And did he say yes?

UNIDENTIFIED FEMALE: Yes.

PELOSI: And did they call the National Guard?

UNIDENTIFIED FEMALE: That's correct.

PELOSI: If they stop the proceedings, they will have succeeded in stopping the validation of the president of the United States. If they stop the proceedings, we will have totally failed.

We have got to finish the proceedings, or else they will have a complete victory.

(END VIDEO CLIP)

CABRERA: Now, once in a secure place, Speaker Pelosi huddled with leaders from both chambers from both parties, the group frantically making phone calls to try to stop the violence and continue the certification.

(BEGIN VIDEO CLIP)

PELOSI: 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.

SEN. CHUCK SCHUMER (D-NY): Yes, why don't you get the President to tell them to leave the Capitol, Mr. Attorney General, in your law enforcement responsibility, a public statement, they should all leave?

JEFFREY ROSEN, ACTING U.S. ATTORNEY GENERAL: We are treating this with the greatest...

(CROSSTALK)

SCHUMER: Will you ask the president to make a statement to ask them to leave the Capitol?

SEN. MITCH MCCONNELL (R-KY): And we're in one hell of a hurry. You understand?

CHRISTOPHER MILLER, FORMER ACTING U.S. SECRETARY OF DEFENSE: Got you loud and clear, Leader.

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

PELOSI: Just pretend for a moment it were the Pentagon or the White House or some other entity that was under siege. You can logistically get people there as you make the plan.

And you have some leadership of the National Guard there. They have not been given the authority to activate.

UNIDENTIFIED FEMALE: I'm handing the phone.

PELOSI: Hi, Mr. Vice President? Hi. Yes, we're OK. We're here with Mr. Schumer, Mr. McConnell, the leadership, House and Senate. And how are you?

Oh, my goodness. Where are you?

We're at (WORDS BLEEPED) which has facilities for the House and the Senate to meet. We'd rather go to the Capitol and do it there.

Don't let anybody know where you are.

SCHUMER: We issued a statement saying he's got to make a statement. He comes up with this B.S.

PELOSI: Insurrection.

UNIDENTIFIED MALE: Oh, yes.

PELOSI: That's a crime, and he is guilty of it. MIKE PENCE, FORMER VICE PRESIDENT OF THE UNITED STATES: Madam

Speaker, I am in the Capitol Building. I am literally standing with the troop of the U.S. Capitol Police.

And he just informed me their best information is that they believe that the House and the Senate will be able to be reconvene in roughly an hour.

SCHUMER: Good news.

(END VIDEO CLIP)

CABRERA: They went back. They did their job.

Now let's get to even more evidence the committee laid out, and a key focus, that Trump knew he lost the 2020 election. The committee showed us new testimony from former White House aide Cassidy Hutchinson.

[13:05:09]

She says, after the Supreme Court ruled that it would not take up a case about the 2020 election in December, she and then-White House Chief of Staff Mark Meadows ran into an angry President Trump inside the White House.

(BEGIN VIDEO CLIP)

CASSIDY HUTCHINSON, FORMER AIDE TO MARK MEADOWS: And so he 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."

(END VIDEO CLIP)

CABRERA: Then there's the new documents from the Secret Service showing exactly what officials knew days before the attack.

In a December 26 e-mail, a Secret Service field office relayed this tip from the FBI that the Proud Boys planned to march into Washington.

And I quote: "They think that they will have a large enough group to march into D.C. armed and will outnumber the police, so they can't be stopped. Their plan is to literally kill people. Please, please take this seriously and investigate further."

Now, the message goes on to say: "The Proud Boys have detailed their plans on multiple Web sites."

Then, on December 31, 2020, a Secret Service intel briefing revealed -- quote -- "President Trump's supporters have proposed a movement to occupy Capitol Hill. The hashtags #WeAreTheStorm, #1776Rebel and #OccupyCapitols have gained attention as the protest on January 6, 2021, approaches."

Again, those were Secret Service communications just days before the Capitol attack. Let's bring in former U.S. attorney Michael Moore now.

Michael, let's begin with the unanimous vote that came at the end of the hearing yesterday, the January 6 Committee voting to subpoena Trump for testimony and documents. Trump responded officially this morning. He slammed the panel. He repeated his election lie, but he didn't actually say if he would comply with their subpoena.

So if Trump refuses to comply, what are the options? What could happen next?

MICHAEL MOORE, FORMER U.S. ATTORNEY: Well, I'm glad to be with you.

And it was interesting to me to see that they had finally decided to subpoena him. I think it's probably too little too late. I think it's a nice indication that they believe he's responsible.

But, frankly, we're coming up on the midterms. The question is whether or not the committee will be in place if the House were to flip. And so what enforcement mechanisms would be there?

I think you will see a lot of negotiation. I think you will see a legal battle on whether or not the president has to come, sort of under the separation of powers arguments that some have been raised before. And you will see this thing going through court.

But think about this too. I mean, just look at the negotiation that went on with the Ginni Thomas subpoena, and whether or not she would be videotaped. And we didn't hear in the committee. You can only imagine that that's a precursor for what might happen if, in fact, the subpoena is issued.

The response, to me, was -- I just have this vision of historians looking back in the future and sort of looking at the rantings of a troubled mind. I mean, it's almost like the mad king is writing a book. And it was troubling to read it. It certainly didn't address whether or not he had any intention to appear.

But it's the same sort of -- again, sort of crazed comments that have been permeating from him since he left about the election, now talking about crowd size from his inauguration. I mean, it just goes on and on.

CABRERA: Right.

MOORE: So, not a response, but something he wanted to sort of, I think, put out to his supporters.

CABRERA: But I wonder if they don't go to court to try to enforce the subpoena, because we do know a lengthy court battle is going to be an obvious hurdle. So the committee must have assumed that they wouldn't get his actual testimony.

How crucial was just asking, having the subpoena be issued?

MOORE: It's a -- it may be a tip of the hat to the supporters of the committee and the people who believe, as I do, in fact, that he's responsible and that this was an insurrection.

I don't think, from a strategic point of view, it was well-timed. This should have been done about a year ago. And we could have seen the legal battles play out. I think that you kind of -- when you look at it from the legal perspective, you think, is this a real move? Is this really strategy? Or is this theater and politics?

And I worry that the theater and politics of it sort of gives the side who believes in the big lie more excuses to believe that it's a show. So that -- I would have liked to have seen it issued earlier. There's no question we knew at the outset that he had given the speech outside the White House, that he had ginned people up.

We knew that. And we knew there were communications. We knew he had been slow in going forth and calling for people to come back from the Capitol, to leave the Capitol grounds. We should have subpoenaed him them and had him come in to find out what communications...

CABRERA: So, let me -- let me push back on and just ask the question, because you are the legal expert here.

[13:10:03]

I have heard from other legal experts that perhaps one reason not to issue a subpoena sooner is, you only get one bite of the apple. And so you want to make sure you have all of the evidence that you could potentially need, all the information that you would need in order to effectively question a former president about an issue that is so consequential?

MOORE: Well, the problem the way they did it is that they're not going to get a bite. They're likely just to get to look at the apple and never get to have actually a bite at the apple to see if there's anything to it.

This -- I don't think the history of what happened that day has ever really been in question. I mean, we could watch it in real time as it went on, with the speech and the inflammatory comments and that type of thing.

And so getting him on the record, getting him under oath, going through the process to show either he agrees to come and support his position or he doesn't, those things, to me, would have been important, and just as important as being able to plan out whether you could ask a few extra questions, based on somebody else's testimony.

We needed to hear from him early on. Again, I appreciate the fact that they want to subpoena him. I applaud the work that they have done. I just think that it would have been a better move and maybe a more genuine effort to bring him before the panel if they had issued the subpoena immediately.

I would have liked to have seen him and seen this battle carried out before we're getting into the midterms and certainly before we now are moving into another presidential cycle, where this is basically like handing him a megaphone. CABRERA: Yes. OK, Michael Moore, appreciate your perspective. Thank

you very much for joining us.

Of course, that is just one of many investigations and legal -- potential legal troubles facing the former president. He did face another legal blow after the Supreme Court rejected his request to intervene in the Mar-a-Lago documents fight.

CNN's Kara Scannell is on this.

So, Kara, what happens next in this case?

KARA SCANNELL, CNN CORRESPONDENT: Well, yes, a decisive loss for the Trump side, the Supreme Court saying that they're not going to get involved in this and that the special master's work will continue as it has been.

So that means that these classified documents, 100 or so pages, will not be included as part of that review. And that means Trump's lawyers will not get a look at them. So, a special master will continue apace. They're looking at all these other documents, some 11,000, relating to questions about attorney-client privilege, and that work is under way.

Now, also today, though, the Department of Justice is filing their legal briefs in their appeal of Judge Aileen Cannon, that Florida judge's decision to even set up the special master process. So those filings will come in today. And that appeal will continue.

CABRERA: OK. And worth noting it was a unanimous rejection. There was no dissent in this decision by the Supreme Court...

SCANNELL: That's right.

CABRERA: ... not to follow up with the special master on those 100 classified documents.

Thank you, Kara Scannell.

A fierce fight for the control of the Senate playing out in a number of key states right now, and, in Georgia tonight, a high-stakes debate. How does one candidate's controversy play out on the stage? We're on it.

Plus, threats, tension, fights. We are learning a lot more about what happened behind the scenes at the Parkland killer death penalty trial. What really was going on among jurors?

And fears of an emerging epidemic for people under 50. Why are cancer cases among younger people on the rise?

(COMMERCIAL BREAK)

[13:17:39]

CABRERA: It's one of the most decisive races in the midterm elections, and a debate is scheduled tonight. In Georgia, U.S. Senator Raphael Warnock will face off with Republican challenger Herschel Walker. Now, the winner of this race could very well decide which party controls the Senate. A new poll from Quinnipiac University finds Warnock with 52 percent support among likely voters. That's compared to 45 percent for Walker.

Now, Stephen Fowler is a political reporter for Georgia Public Broadcasting and host of the podcast "Battleground Ballot Box."

You're in the spin room. That's where these candidates will go after the debate. And this is in Savannah. What are you expecting tonight?

STEPHEN FOWLER, GEORGIA PUBLIC BROADCASTING: Well, it's really going to be a make-or-break move for both Raphael Warnock and Herschel Walker.

These polls are close. And Georgia has a rule where you have to get 50 percent of the vote, plus one, to win outright. Otherwise, there's a run-off in December. And so early voting beginning on Monday, this is going to be the make-or-break time for these candidates to push through with voters and make their case why they should be Georgia's next senator.

CABRERA: Walker's campaign has obviously been rocked by scandal recently.

He's campaigned on family values, and he's called for a national abortion ban without any exceptions. And yet one ex-girlfriend says he paid for her abortion. He's fathered four children with multiple women. He has an ex-wife who says he put a gun to her head and threatened to kill her.

Has any of this cost significant support among Georgia voters, particularly among voters in his party?

FOWLER: Well, yes and no. I mean, polling hasn't really been conducted much since these bombshell revelations.

But it does kind of illustrate this trend that we have seen where a lot of voters, particularly those that are independent-minded, have been turned off by Walker's history of mistruths or embellishments about his past, and that Herschel Walker the candidate and Herschel Walker the person aren't necessarily the same thing.

But we have seen immense Republican support rallying around Walker. In fact, National Republican Senatorial Committee Chairman Rick Scott is here in Savannah campaigning for Walker and Republicans because, at the end of the day, this could (AUDIO GAP) Republicans to regain control of the chamber. And that outweighs a lot of these controversies for a lot of people.

[13:20:04]

CABRERA: Warnock, for his part, has to contend with President Biden, his party's standard-bearer, saddled with low approval ratings, especially there in Georgia. Inflation's at a 40-year high. Many Americans fear a recession is coming.

Can Warnock overcome that?

FOWLER: Well, he certainly hopes so.

I mean, this morning, I was at a rally in one of Savannah's many squares where Democrats came together and touted the accomplishments that Warnock has done in these last two years. He's really leaned into this bipartisan persona and appeal, I mean, mentioning people like Alabama Senator Tommy Tuberville and Senator Ted Cruz from Texas and saying: I will work with anyone. I don't care what it is, as long as it helps Georgians.

And so he's leaning into this record that isn't really distancing himself from Joe Biden, but not exactly welcoming his policies either.

CABRERA: Stephen Fowler, thanks for your insights. Thank you for being with us.

Now, that battle in Georgia is just one of the tight races that could decide the balance of power in the Senate.

Let's take you around the country with some of the other key developments we're following. In Wisconsin, the gloves came off in the second and possibly final debate there. GOP Senator Ron Johnson and his Democratic challenger Lieutenant Governor Mandela Barnes attacked each other on several points, including crime and police reform.

(BEGIN VIDEO CLIP)

SEN. RON JOHNSON (R-WI): We need law enforcement. And the problem with the whole defund movement, which he has been a big supporter of, it dispirits law enforcement. They're having a hard time recruiting members and we aren't going to have the law enforcement officers we are going to need to reduce crime.

LT. GOV. MANDELA BARNES (D-WI): No police officers in this country are more dispirited than the ones who were present at the United States Capitol on January 6.

(END VIDEO CLIP)

CABRERA: Just days ago, the editorial board of "The Milwaukee Journal Sentinel" ripped Johnson, saying he is the worst Wisconsin political representative since the infamous Senator Joseph McCarthy. You may remember McCarthy was the main driver of the communist scare of the 1950s.

In Nevada, the challenge by Republican nominee Adam Laxalt took an interesting turn. "The Nevada Independent" reports that 14 of his family members have signed a letter endorsing his opponent, incumbent Catherine Cortez Masto. Laxalt dismisses the letter, saying most of those relatives are Democrats and half of them don't live in Nevada.

In Pennsylvania, Democratic nominee John Fetterman has this new TV ad today, his first to address his near fatal stroke. He says he now better appreciates his loved ones and the struggles of other families. His Republican opponent, TV celebrity Dr. Oz, has questioned whether Fetterman is fit to serve, given his health struggles. That includes Fetterman needing closed captions to understand questions.

Oz told FOX Business -- quote -- "I don't think there's closed captioning on the floor of the Senate."

It has played a key role for Ukraine in its fight against Russia, but Elon Musk's SpaceX says it will no longer pay for critical satellite gear and services that help forces there stay in touch. So, who can pick up the tab?

And moments from now, a hearing on an investigation into a reported threat against a juror in the Parkland shooter death penalty trial, this as we're learning more about the tensions between jurors.

(COMMERCIAL BREAK)

[13:28:08]

CABRERA: North Carolina's governor calls it a moment of unspeakable agony.

Five people are dead. A 15-year-old suspect is in custody following a mass shooting in Raleigh. It started in a quiet neighborhood, and the crime scene extended for two miles along streets in a wooded area. A source says a handgun and a long gun were recovered after the shooting.

Now, the suspect wore camouflage and carried a camouflage backpack, according to the source. As for the victims, they ranged in age from just 16 to 52 years old. Among those killed was an off-duty police officer on his way to work. Two other people were wounded, and one of them is still in critical condition.

Meantime, my hearing is set for this hour on a reported threat against a juror in the Parkland shooter case. The state of Florida is now asking the judge to order an investigation. This is just the latest indication of tension behind the scenes as the jury recommended life in prison, instead of the death penalty for the shooter.

He pleaded guilty to the massacre of 17 students and staff members at Marjory Stoneman Douglas High School in 2018.

CNN correspondent Carlos Suarez joins us live from Fort Lauderdale, Florida.

Carlos, fill us in on this reported threat.

CARLOS SUAREZ, CNN CORRESPONDENT: Well, Ana, we're expecting to learn a little bit more about this reported threat that one of the jurors made in just a few minutes when a hearing gets under way here at the Broward County courthouse.

The judge is expected to talk to prosecutors who made this motion last night. What they told the court is that there was a juror who called them after the verdict was read in court and claims that she felt she was threatened by another juror during the deliberation process.

Now, it is unclear just who the jury member is. Their name was not mentioned in the motion. We don't know how they voted. And we also don't know the details of this perceived threat.

We do know, at least according to CNN affiliate WFOR here in Miami and Fort Lauderdale.