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Jury Selection Begins In Criminal Tax Fraud Case Against Trump Org; Cheney: Jan. 6 Cmte Won't Let Trump Turn Testimony Into "A Circus"; Rishi Sunak To Be First U.K. PM Of Color, Youngest In 200 Plus Years; Teen Pleads Guilty To MI School Shooting That Killed 4 Students; Adidas Under Pressure To Drop Kanye West After Antisemitic Remarks; Officials: 2 Students Hurt, Shooter "Stopped" As St. Louis High School. Aired 10:30-11a ET

Aired October 24, 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]

KARA SCANNELL, CNN CORRESPONDENT: Just about now with the first panel of jurors or potential jurors being called in, Erica.

ERICA HILL, CNN ANCHOR: Day one, and as you noted, Kari, that's going to take a little while to get that jury seated. Kara, appreciate it. Thank you.

Well, the former president is under pressure to testify before the January 6 committee. The Committee Vice Chair, Congresswoman Liz Cheney is warning though, Trump won't be allowed to turn this testimony into a public spectacle. Take a listen.

(BEGIN VIDEO CLIP)

REP. LIZ CHENEY (R-WY), VICE CHAIR, JAN. 6 SELECT COMMITTEE: He's not going to turn this into a circus. This isn't going to be, you know, his first debate against Joe Biden and the circus and the food fight that that became. This is far too serious set of issues.

(END VIDEO CLIP)

HILL: Joining now to discuss, former Federal Judge Nancy Gertner and Caroline Polisi, she's a Federal and White Collar Criminal Defense Attorney. Nice to see both of you this morning. So the effort, understandably, from the committee is they don't want this to become a circus. They don't want this to be a show in any stretch for this particular moment.

So I wonder, Caroline, if the committee were to allow Trump to testify publicly, if he were to push for that, do you think it's worth them saying yes?

CAROLINE POLISI, FEDERAL AND WHITE COLLAR CRIMINAL DEFENSE ATTORNEY: Absolutely not, Erica. He does not get to dictate the terms of his testimony. I will note that if there ever were a time that the committee had a chance of having the former President Trump testify under oath, that chance has long since passed, Judge Gertner well knows the wheels of justice can move slowly.

We saw recently, Steve Bannon was had been held in contempt of Congress for not responding to the committee subpoena. This will take a very, very long time to litigate, or to play out on any other number of avenues. There's just no way that this is going to happen before the end of December.

HILL: So Judge, to Caroline's point, is this simply going to be an effort to run out the clock you think on the part of the former president?

NANCY GERTNER, FORMER FEDERAL JUDGE: That seems to be his highest and best strategy is to run out the clock. I mean, consider this, though, the position that Cheney is taking makes perfect sense. This is a committee that has tried very hard not to have people like Representative Jim Jordan on so that it wouldn't be a grandstanding operation. And that's what they're worried about with the former president, that he'll get there and who knows what, and then they'll have to be -- I'm just thinking about this that in a court, if someone, if there's misconduct in the court, you can call the marshals. Imagine that scene is unimaginable.

HILL: When we look at though -- so Cheney also said, you know, that there are many, many alternatives if he doesn't ultimately comply with the subpoena from the committee. She didn't, though, Caroline, she didn't elaborate. I'm curious what -- in your mind, what are those alternatives at this point, given we have a looming election, the clock is ticking, right. And both of those seem to be going in the President's favor.

POLISI: Yes, Erica. Well, once a subpoena is issued, then begins a delicate dance between defense attorneys and the committee in terms of limiting the scope. So I would say the only thing that, you know, they could be sort of going back and forth on at this point is the scope of what was requested. Huge, huge amounts of information. And documents were requested by the January 6 Committee of former President Trump. I would imagine that Trump's legal team, their first sort of method here will be to push back and say this is just way too outside the bounds in terms of the scope of it.

HILL: What I found interesting in that letter and then the subpoena and the list of documents that they wanted, when they were released on Friday, Judge, was just how detailed it was. One of our other legal analysts said it was almost accusatory, that letter of nature, but it was interesting to me, they they almost went through, perhaps not surprisingly, everything they expect to get in terms of pushback, including acknowledging that there may be a push for privilege, but also setting a specific case, you know, where there was a loss actually when it came to privilege that was being pushed for.

Now much do you think that did actually, sort of prebut if you will, Judge, some of the legal arguments that could be coming the way of the committee in response to this?

GERTNER: Well, I think they know that they're coming. I mean, I think what the first -- there two steps that we're taking year. One is, Trump's lawyers could try to narrow the scope of the subpoena. And there could be a negotiation, or something maybe documents, only doubtful that the committee would have this documents only, but there's certainly a period of negotiations, which will run out the clock.

And the committee is, you know, at this point, everyone is dealing with not just the actual proceeding, but dealing with the public face of the proceeding. So they're anticipating what he's going to do, but they can't stop him from doing it, from challenging the subpoena and challenging the scope of the documents. They can't stop them from doing him, and that could play on the clock.

HILL: Caroline, what about the potential for more public comments too from the former president. And he said before the subpoena was actually issued? I'd love to talk to him. We've heard him say, that in the past plenty of times has not also follow through in most occasions or at least not formally sitting down and having that discussion under oath. But when you see these public comments, could that undermine his legal team?

[10:35:16]

POLISI: Absolutely. I mean, the first thing as a defense attorney, you can tell your client is to shut up, zip it. He's just not doing himself any favors by sort of blabbing and running his mouth on truth, social, those are out of court statements that may be used against him at some point in the future. However, I think we've seen this before where, you know, President Trump says I really want to talk, but then he says, oh, my lawyers won't let me, kind of blames it on the lawyers.

Yes, ultimately, you know, I don't think this is going anywhere, which is why this has opened up up the committee to criticism. This is really seen as sort of a political stunt in some circles because it has allowed President Trump a microphone really.

HILL: Because it came at the very end, we are out of time. But Caroline Polisi, Judge Nancy Gertner, always good to see you both. Thank you.

GERTNER: Thank you.

HILL: Still to come here, Britain's next prime minister will come into office with some important firsts. So just how quickly could Rishi Sunak replace Liz Truss with the latest for you from 10 Downing Street, next.

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[10:40:36]

(BEGIN VIDEO CLIP)

(CHEERS & APPLAUSE)

(END VIDEO CLIP) HILL: A warm reception there, applause, hugs, handshakes, pats on the back. All that for Britain's new leader. As of this morning, Rishi Sunak is set to become Britain's next Prime Minister. The former finance minister will replace Liz Truss. In doing so. He's becomes the first person of color to ever hold that job.

CNN's Bianca Nobilo is at 10 Downing Street with more for us. So a couple of firsts here for him. He's also fairly young, youngest we've seen in a bit, how quickly could he actually move into this role of Prime Minister, Bianca?

BIANCA NOBILO, CNN ANCHOR & CORRESPONDENT: Well, Erica, you're absolutely right. This is trailblazing in a number of respects. He is the youngest Prime Minister in 200 years at 42. Despite his distinctive shock of gray hair at the top. he also is the first person of color to become prime minister, as you mentioned, the first Asian Prime Minister, the first Hindu Prime Minister. So in many respects, this is a historic moment for the country and for the Conservative Party.

In terms of how quickly he could be moving into that building behind me, well, it seems that in line with this expedited leadership process, it could very well happen this evening, or even tomorrow. So we don't 100 percent know yet. But we do understand that King Charles III is coming from the Royal estate in Sandringham, back to Buckingham Palace in London this afternoon, which would make it perfectly plausible for Liz Truss to go to the King and offer her resignation.

And for Rishi Sunak to visit the King and be invited to former government and become prime minister because that's the way that it has to work. We also expect to hear a little more from Sunak later today. He's spoken to his own MPs, had a warm reception just now at conservative campaign headquarters. We're likely to hear from him on camera quite soon. And then there'll be that big moment where behind the podium on the steps of Downing Street, he addresses the nation, sets out his store and sets the tone early for his leadership.

HILL: So in terms of his leadership, it has been a rocky, I would say. A few weeks there in the U.K., just lay out for us specifically, what are these challenges that he is going to have to take on immediately and just how equipped is he to handle them, Bianca?

NOBILO: So Rockie is appropriate because as you know, we like euphemisms here in Britain. It has been extremely turbulent. The economy is in a crisis, profound crisis, according to Sunak, with soaring inflation, rising interest rates. People not knowing if they can afford their heating and their food bills this winter.

Add to that, the political turmoil of having the shortest serving Prime Minister ever in Liz Truss and all the chaos that ensued from her leadership of having a cabinet of loyalists, not briefing the markets about bold economic plans to completely rip up the way that things are usually done in the Conservative Party. Now the Conservatives are trailing behind in the polls that fractured the party needs to unite in order to get any kind of governing done. Whether or not Rishi Sunak is the person to do that is now the question. No lawmakers I spoke to, Erica, could actually point to an individual that they thought would be able to mend this broken party. But Rishi Sunak might have a good chance. He's indicated in the moves over the weekend that he's willing to extend olive branches to the other camps to the supporters of Boris Johnson, who appoints have had a very acrimonious relationship with Rishi Sunak because they blame him partly for Johnson's downfall.

And if Rishi Sunak brings in a cabinet of different perspectives, a broad coalition of opinion and leads in a collegial way, he may have a good chance of trying to stabilize the markets and also restore some faith in governance and in the Conservative Party. But the challenge ahead is enormous and there'll be tested immediately.

FLETCHER: Yes, it is quite a to do list. Bianca, appreciate it. Thank you.

Still ahead here, the suspect accused of opening fire on his classmates in Michigan changing his plea to guilty. We'll take you there live.

(COMMERCIAL BREAK)

[10:49:27]

HILL: In just a few hours, Harvey Weinstein will be back in court in Los Angeles for opening statements in his rape trial. The disgraced former Hollywood producer facing four rape charges and seven other counts of sexual assault. The 70-year-old is already serving 23 years in prison for rape and sexual assault following conviction here in New York. The charges, the new charges though could result in a sentence of 140 years.

New this morning, the 16-year-old accused of killing four of his classmates in an Oxford Michigan high school last year is now pleading guilty to 24 charges. Ethan Crumbley changes his previous plea of not guilty. Changing that plead earlier this morning.

[10:50:02]

CNN's Jean Casarez was there in the courtroom. So Jean, no plea deal here. So why the decision to change the plea?

JEAN CASAREZ, CNN CORRESPONDENT: Well, it was a shock to a lot of people because they had formed that notice of intent to assert insanity defense. His attorney said though, that after looking at all the options, weighing what they knew, they decided that this was the best way to go. You know, as in that courtroom, it was packed, it was many family members, there was law enforcement on both sides of the courtroom and the back of the courtroom.

When he was brought in full shackles, he's very tall in person. He sat between his two lawyers, they spoke with him, you could tell he was really listening even pointed at a piece of paper on the desk. The judge came in and the judge began to address him because he has to make sure it's a fair and voluntary plea hearing, and that he is pleading guilty out of his own free will.

Asked him about what exactly happened on that they, and he said that he had brought the gun to school. He answered. Yes, he'd gone into the men's bathroom, he went into the stall, he loaded the gun, he came out of the bathroom and he started shooting. I want you to listen to some very pointed questions the prosecutor asked him.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Is it true that the firearm that you use in November the 30th was purchased on November the 26th 2021 by your father James Crumbley?

ETHAN CRUMBLEY, SHOOTER: Yes.

UNIDENTIFIED MALE: Is it true on November the 30th 2021 when you obtain the firearm, it was not kept in a locked container or a safe?

CRUMBLEY: Yes, it was not locked.

(END VIDEO CLIP)

CASAREZ: Now we also heard and for the first time, it was his own money that bought that gun. Now as the judge went through each and every count asking him if he intentionally and with premeditation, wanted to kill, he got to the name of Madisyn Baldwin. Madison's mother was in the front row. And when she heard her daughter's name, she started to cry softly, but she cried.

Court personnel came over. They asked if they could help her. But I think hearing that name in court and he admitted that he wanted to kill her. Now the next step in all of this is what is termed a miller hearing. This is constitutional in nature. This may be one of the reasons why they allowed him and he agreed to plea to everything.

Under the U.S. Constitution, it's a very famous case. When you are a juvenile, you cannot be sentenced to life in prison without the possibility of parole unless there are parole statues. So the judge advised him life in prison without the possibility of parole or 25 to 40 years, 60 years maximum. And at this hearing, there will be argument and his attorney said you will hear that he is remorseful. You will get to know him in this hearing. So obviously, they are going to fight for that term of yours. Erica?

HILL: Absolutely. Jean Casarez, really appreciate the reporting this morning. Thank you.

You may have seen or heard about this over the weekend in the Los Angeles area. Officials now condemning a flagrant, disturbing display of antisemitism. So over the weekend, a group of demonstrators as you see here, have huge banners over in LA freeway. All part of their messaging supporting those antisemitic remarks made by Kanye West who of course now goes by Ye.

Well Twitter and Instagram locked his accounts, you may recall, after he claimed he was going, quote, DEFCON 3 on Jewish people. Adidas has been under pressure for days now to cancel West's deal after he went on a podcast and claimed, quote, "I can say antisemitic things and Adidas can't drop me." The Anti-Defamation League says incidents against Jewish people in the U.S. were at the highest levels on record last year.

Also, I want you to get you up to speed on what's just coming into us here at CNN. We are learning of a shooting at Central Visual and Performing Arts High School in St. Louis, Missouri. CNN's Brynn Gingras is following these developments. So Brynn, the district has confirmed that there were at least two injured. What more do we know?

BRYNN GINGRAS, CNN CORRESPONDENT: Yes, that's right, Erica. Two people, two students injured inside that school and on their way to the hospital. The way that the school is describing it is that the shooter was stopped by police inside the school, unclear what that means. Is that shooter in custody or otherwise. This is happening in that Central, Visual, And Performing Arts high school that is in the St. Louis public school system there in Missouri.

I'm going to read a tweet from that particular -- from the school system. It says this, "Police are on site at Central, Visual and Performing Arts this morning following reports of an active shooter and both CVPA and Collegiate are on lockdown. The shooter was quickly stopped by police inside CVPA. We've reports of two students injured and on the way to the hospital."

And I think we actually have video of students who are still being evacuated at this moment from that school and it's pretty -- I guess we don't have that video for you, but it is pretty alarming of course to see the students all being evacuated. We're told about 400 students go to that high school, grades 9 through 12. And that is still happening only a few minutes ago.

[10:55:18]

The public school has also sent out a tweet saying they're going to update parents on where they can be reunited with their kids. So that is still being worked out. So this is very much still ongoing, Erica, but that is the latest that we are hearing that the shooter was stopped inside that school by police. Two students injured. We don't know the details of those injuries but they are headed to the hospital and we'll continue to stay on this one for you.

HILL: Yes, and you continue to keep us updated. Brynn, thank you again there. On their way to the hospital, those notifications going out to parents, far too many parents in this country have been on the receiving end of those notifications as they try to reunite with their children. We will stay on top of this for you.

Be sure to stay with CNN for all of those developments and much more throughout the day today. I'm Erica Hill. Thanks so much for joining us this hour. At This Hour with Kate Bolduan starts after this quick break.

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