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Soon: Paul Pelosi Attack Suspect Expected In Court; Big Names Hit Campaign Trail With One Week To Election Day; Distraught Victims And Families Confront Parkland Shooter. Aired 2-2:30p ET

Aired November 01, 2022 - 14:00   ET

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

[14:00:00]

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BIANNA GOLODRYGA, CNN ANCHOR: Hello everyone, I'm Bianna Golodryga. Welcome to CNN NEWSROOM.

VICTOR BLACKWELL, CNN ANCHOR: I'm Victor Blackwell.

Soon, the suspect accused of the attack on House Speaker Nancy Pelosi's husband will be in court for the first time in this case. And the attack is now prompting the U.S. Capitol Police Chief to seek more security resources after doing the review of Friday's incident. Now, Chief Tom Manger said a plan would add redundancies to the measures that are already in place for congressional leadership. He says that hopefully, you can understand that we cannot disclose the details about these improvements because a country cannot afford to make it easier for any potential bad actors.

GOLODRYGA: Yes, this just in from the Capitol Police just moments ago. Now the alleged attacker faces a litany of charges from state and federal prosecutors including allegedly attempting to kidnap Speaker Pelosi who was not home Friday when the incident took place. The city's District Attorney further detailed what happened to Paul Pelosi in the moments before officers arrived, saying the suspect entered the bedroom and forced the 82-year-old man out of bed while confronting Pelosi about where his wife was.

CNN's senior legal analyst Elie Hoenig joins us now. So, Elie, break down these charges for us. They're both federal and state, something you said would likely happen yesterday, and this doesn't constitute double jeopardy.

ELI HONIG, CNN SENIOR LEGAL ANALYST: Right. So, two different sets of charges here, first of all, brought by the state of California, those are your more straightforward assault, battery, and attempted murder charges. There's no -- nothing you need to prove beyond the physical acts in those cases, really. The federal charges are a little more complicated because those get into the issue of motive and intent. What was the reason behind the attack?

And if you look at the federal complaint that was filed yesterday, the argument is this person, Mr. Pelosi, was targeted because he's an immediate family member of the speaker, and that the effort was one to try to intimidate or retaliate for Speaker Pelosi's politics. And so that's what makes this federal. Like you said, Bianna, there is not a double jeopardy problem here, so both of these prosecutions can proceed at the same time.

BLACKWELL: But according to this affidavit, the defendant here said that there's a political motive.

HONIG: Yes.

BLACKWELL: And he wanted to send a message not only to Pelosi, but if he broke her kneecaps, and she had to will into to Congress that would send a message to other leaders. Why no terror charges here?

HONIG: So, the phrase domestic terrorism is defined in our federal law. And it essentially means just that, to commit some act of violence with the intent of trying to influence or intimidate our politics. However, a strange loophole, there's no crime that attaches to domestic terrorism on its own. Now, there have been various legislative proposals in the House and the Senate over the last few years to close that loophole to make it a crime, but they've not gotten through. So, there are various statutes -- laws that can be used here, like the assault, like the attempted kidnapping, it's a crime, for example, to intentionally target a place of mass transit, a subway, or something for political purposes. But domestic terrorism, as it's defined in the federal law is a sort of standalone definition without a crime attached.

GOLODRYGA: So, you're here for a lot of breaking news.

HONIG: Yes.

GOLODRYGA: So, stick with us because we're just hearing from the House January 6 committee is in discussions now. We're hearing from Liz Cheney, co-chair of the committee saying that they are in discussions with former President Trump's legal counsel about possibly testifying under oath. Let's listen to some sounds from Cheney.

(BEGIN VIDEO CLIP)

REP. LIZ CHENEY, (R-WY): The committee's in discussions with President Trump's attorneys, and he has an obligation to comply. And you know we treat this and take this very seriously. We haven't made determinations about the format itself, but it'll be done under oath. It'll be done potentially over multiple days. We have significant questions based on the evidence that we've developed. And as I said, what we know already about the extent to which he was personally and directly involved in every aspect of this effort.

(END VIDEO CLIP)

GOLODRYGA: So, I know this is just preliminary, right? But what do you make of this development?

HONIG: Well, it's fascinating. In the real world of subpoenas, it's quite common to have negotiations between the parties. Sometimes there's an agreement reached where certain topics are in play, and certain topics are out of play, or the person will take some -- invoke some privilege, perhaps the Fifth Amendment privilege, perhaps the executive privilege, and it's not crazily uncommon to see people negotiate that.

But it's also important to keep in mind. Negotiations and discussions are very different from an agreement. You can't get to an agreement without first having negotiations or discussions. So, I'm going to remain a little bit skeptical that Donald Trump actually goes in and testifies in front of the committee under oath --

BLACKWELL: A little bit? From the start, you say this was (INAUDIBLE).

HONIG: A lot bit skeptical. BLACKWELL: OK, all right -- all right. OK

[14:05:02]

HONIG: But this is a step towards that.

BLACKWELL: All right. So, is these just charades then for the Trump team?

HONIG: It could be. I mean, it depends to what extent they're negotiating in good faith. And looking at Liz Cheney's comments there, it seems that she's extending the benefit of the doubt. She didn't seem to be saying of these or they're just -- they're just sort of playing around or they're not being serious. She seems to think or at least wants to convey to us that these negotiations are serious.

I just can't see a scenario where Donald Trump would testify under oath, A., because we know Donald Trump. He has said many times before he wanted to testify in front of Mueller, they worked out this deal for a written agreement for written answers, which really ended up being meaningless. Also, I don't know how his lawyers can let him testify under oath, given all the legal problems, civil and criminal swirling around him because if he does testify like they say in the cop shows, everything you say, can and will be used against you.

GOLODRYGA: Right, but Cheney is no fool. And she herself has said that she wouldn't allow any testimony to come off as a circus because he initially said that he wanted to testify live publicly. So, what could the parameters look like here? I know you're skeptical.

HONIG: Yes.

GOLODRYGA: Perhaps he is buying time, perhaps he's trying to make himself look like he's cooperating, but what could this look like?

HONIG: So, I think Representative Cheney is very cautious about not giving Donald Trump an open mic and an open camera. I don't think that's going to happen. Remember, the subpoena has said from the start, you are to come in and testify at a deposition. Meaning we would not be seeing it live, it would be behind closed doors, it would be on the committee's terms. And so I think Liz Cheney thinks that it's really important to sort of keep this under control to keep this from spiraling into a circus. BLACKWELL: All right, we'll see where these talks go. Elie Honig, thank you.

HONIG: Stay skeptical.

BLACKWELL: A lot of skepticism.

GOLODRYGA: That helped me just there.

BLACKWELL: Thank you, Elie.

GOLODRYGA: Well, we are exactly one week from the midterm elections.

BLACKWELL: Pennsylvania is home to one of the closest and most important Senate races in the country. The winner could decide which party wins the majority there and has control of the Senate. And today, both candidates Democrat John Fetterman, and Republican Mehmet Oz are releasing dueling closing messages.

(BEGIN VIDEO CLIP)

JOHN FETTERMAN, DEMOCRATIC SENATE CANDIDATE, PENNSYLVANIA: I only got into politics to make my town a safer place. Oz only moved here to run for office to use us. I've spent my career fighting for people. Oz has spent his life taking advantage of people making himself rich.

DR. MEHMET OZ, REPUBLICAN SENATE CANDIDATE, PENNSYLVANIA: What's missing from politics these days is compassion. That's I'll cut taxes to help families struggling with inflation, strengthen Social Security and help those suffering from drugs and crime. Politicians point fingers, doctors solve problems.

(END VIDEO CLIP)

BLACKWELL: CNN's Jessica Dean is covering this race for where she is in Philly. Jessica, very different closing messages from these candidates.

JESSICA DEAN, CNN CONGRESSIONAL CORRESPONDENT: Yes. And this is -- look, it's all starting to crystallize. We are just one week out now and you saw that ad. Let's start first from Dr. Oz. It was featured his family. He talked a lot about extremism -- getting rid of extremism, being a moderate. That is the final pitch that we've heard both at last week's debate and in the days and -- you know, following and that we're going to continue to hear until next week as he really tries to persuade those more moderate independent voters that the campaign thinks could win him this election. And there was no mention of John Fetterman there.

Now on the Fetterman side, you really saw them set this up as a stark choice between John Fetterman and Mehmet Oz. Fetterman really comparing himself to what he believes Oz to be, and who he believes himself to be. All of this is happening, of course, as Fetterman continues to recover from that stroke. He spoke with our Don Lemon on CNN this morning earlier today about that stroke recovery. I'll let you listen to their exchange. (BEGIN VIDEO CLIP)

DON LEMON, CNN ANCHOR: I'm asking the question for the voters because then voters may wonder is there a reason that you don't want your doctors to take questions? That's why I keep asking this.

FETTERMAN: I just -- I just believe that we have our doctors just weigh in on that, and they believe that I'm fit to serve.

(END VIDEO CLIP)

DEAN: And we did see a letter from his doctor in the last several weeks that did say that he is able to go back to work without any restrictions. But Fetterman has said so far that he will not be releasing any additional medical records. But, Victor and Bianna, it's ultimately as we say, again, and again, up to the voters. They get to decide if this matters if it doesn't matter if it's going to be a deciding factor or the deciding factor in their vote.

We've been here on the ground talking to so many people and they're really talking more about issues than anything else. They're talking about inflation, the economy, crime, and abortion. These are the things we keep hearing about. And ultimately, we will figure it out and see who wins this race in one week when the Election Day is upon us.

GOLODRYGA: Yes. And let's not forget there are already hundreds of thousands have already cast their vote there as well.

DEAN: Yes, that's right.

GOLODRYGA: Jessica Dean, thank you.

DEAN: Yes.

GOLODRYGA: Well, the biggest names in both parties are on the campaign trail across the country. President Biden just arrived in Florida where tonight he will rally Democrats, and the next hour will tout his party's plan to protect Social Security and Medicare.

[14:10:03]

BLACKWELL: Former President Barack Obama is in Nevada today. He's there stumping for the Democrats running for Senate and Governor. Down in Georgia, Former Vice President Mike Pence is campaigning right now with the Republican Governor Brian Kemp. And in Michigan, we'll see something very rare today. A GOP lawmaker, a very conservative Congresswoman, campaigning for a Democratic candidate, Republican congresswoman Liz Cheney is in Michigan, to support Democratic Representative Elissa Slotkin who was locked in a very tight fight for reelection.

Let's get more perspective. CNN political commentator Scott Jennings, he is a former Special Assistant to George W. Bush, and Philip Levine is the former mayor of Miami Beach, Florida. Welcome to you both. Scott, let me start with you. What do you think the over -- not over, under, the influence of a Liz Cheney endorsement of Elissa Slotkin is in her district? Very tight there, does she energize Republicans?

SCOTT JENNINGS, CNN POLITICAL COMMENTATOR: I would say very little impact. I mean, if you're somebody who strongly believes that the January 6 committee was necessary and you're waiting for them to get Trump and finally throw him in jail, whatever, you're already voting Democrat. I mean, I don't think there was anybody sort of in that camp who was waiting for Liz Cheney to come along and give them permission to vote for a Democrat.

So, I think for you know, at the end of the campaign, often what you're trying to do, Victor, is generate some earned media, like, what are we doing today? How do we get on TV and a local news? It's good for that. I do think there'll be Republicans who didn't rage because they don't like Liz Cheney anymore. And so it may motivate them a little bit. But the overall impact, very minimal, I think on the campaign.

GOLODRYGA: Philip, let me ask you about the president there campaigning in Florida today. He is underwater in terms of his approval ratings, and he is going to be really threatening the Republicans' attempt to take over and take away Medicare and Social Security benefits from millions of Americans. I know this is something the administration has touted for a while now. They say that they included this in the Inflation Reduction Act. But it really was something that we haven't been talking about much until we heard it from another former president, and that was Obama when he was on the campaign trail in Wisconsin. Does this now come down to a messaging issue for the Republicans -- for the Democrats?

PHILIP LEVINE, FORMER MAYOR OF MIAMI BEACH, FLORIDA: Truthfully, I think it's too little too late. And President Biden coming here is fantastic but unfortunately, the Democratic Party of Florida has been in a semi-conscious coma for a long period now. And I don't think a week out that's going to do much if anything whatsoever.

I mean, think of what's going on. As far as the messaging, Florida has been hitting on all cylinders, and I'm a Democrat telling you this. What are Floridians concerned about, they're concerned about inflation. They don't pin that on the current administration in Florida. They pin that to Washington, to the Democratic Party. They're concerned about immigration. They're concerned about crime.

Think about what's going on in our country right now. People are getting mugged. They're getting mugged on the city streets, but they're also getting mugged when they go to the grocery stores. So that is something that they're pinning on the Democratic Party in Washington. They're not pinning it on the Republican Party that's controlling the state of Florida. So, I don't believe that has any impact, if any at all at this point, in so late in the game.

BLACKWELL: Scott, after the Oz-Fetterman debate, you said it was a mistake for Fetterman to debate. You said this was a huge cover-up, bias campaign in the media. I want you to listen here to John Fetterman with Don Lemon on CNN this morning.

(BEGIN VIDEO CLIP) FETTERMAN: I just always understood that it wasn't going to be easy. I mean, I'm five months into recovery from that, but I thought it was important that I show up and I -- and I did.

(END VIDEO CLIP)

BLACKWELL: It doesn't appear to have shifted the polls dramatically. Do you still think that was a mistake?

JENNINGS: I do. And the clip -- I listened to that interview this morning on the new morning show, so congrats to Don and Poppy, and Kaitlan for that. I -- the answer that Fetterman gave that stunned me this morning was again him failing to be able to talk about fracking. You know, he was against fracking. And Don pushed him on it and said, well, you know, you said it was environmental concerns those resolved, well, those were solved before you said you were against it. He really trapped Fetterman I thought on that whole fracking issue. And Fetterman -- and Fetterman got trapped in the debate on that issue. It's a big deal in Pennsylvania. In a close race, it could make a difference.

So yes, I continue to think it was a mistake. I also think this race is incredibly close. I mean, you're talking about, Victor, the possibility of it being a few thousand votes either way and also the possibility of course of those votes that get counted after Election Day in Pennsylvania and being determinative. So, I think we're in for a close night in the -- in Pennsylvania and in a couple of states that really is on a knife's edge for the Senate right now.

GOLODRYGA: Yes. And for many of these voters across the country, not just in Pennsylvania, it does come down to the economy. And, Philip, let me ask you about that because I read a Democratic pollster said that the most concerning matter for Democrats right now should be that independent voters don't trust the party to hand dole rising prices. Do you agree with that assessment?

[14:15:04]

LEVINE: A hundred percent. I mean think about it. We had the PPP fraud, I call it the Gucci, LVMH, Chanel giveaway because that's what it seemed like a lot of the money was being used for. And then, of course, we had the student loans, which is great for those that weren't able to pay back their loans but a lot of people that paid back their loans felt that it wasn't right and they put billions of dollars back into the economy. So I think the customer who's the voter looked at that and said, we have inflation, why are you fanning that flame and making it worse?

So, I have to believe. And what I hear is that people don't have that sense of confidence in the Democrats right now. They don't see it in all the cities. We don't see it in New York. We don't see it in Chicago, there's a sense of insecurity, economic as well as your own personal safety. So, I have to agree with that poll. And I'm -- and I'm sorry to say that so goes Florida, I believe so goes the nation.

GOLODRYGA: Wow. It's really telling it's coming from a Democratic mayor as well.

BLACKWELL: Yes.

GOLODRYGA: Philip Levine, Scott Jennings, thank you for the plug for our new morning show here. We're very excited about it. Good to see you both.

LEVINE: Thank you.

GOLODRYGA: And please join CNN for a special "TOWN HALL" with former Vice President Mike Pence. It will be moderated by Jake Tapper airing November 16 at 9:00 p.m. Eastern only here on CNN.

BLACKWELL: It was a violent holo night -- Halloween night in various cities around the country including Houston, where the rapper take off from the group Migos was shot and killed.

GOLODRYGA: And families of the victims of the Parkland School massacres speak directly to the shooter before a judge hands down his sentence.

(BEGIN VIDEO CLIP)

THERESA ROBINOVITZ, GRANDMOTHER OF PARKLAND VICTIM ALYSSA ALHADEF: I'm too old to see you without your life sentence. But I hope your ever- breathing moment here on Earth is miserable.

(END VIDEO CLIP)

[14:21:16]

BLACKWELL: It was a violent and deadly Halloween night in multiple cities. Let's start in Chicago. 14 people were shot, including three children in a drive-by shooting on the city's west side. Police say the investigation is ongoing and no suspects have been taken into custody. In Kansas City, a 17-year-old was killed, another six people were shot. This was at a Halloween party of high school-aged students who police say the shooting started when a few uninvited guests were asked to leave and someone in that group started firing into the party.

GOLODRYGA: And in downtown Houston take off a member of the rap group Migos was shot and killed earlier this morning. Two other people were injured. CNN's Rosa Flores joins us now from Houston. So, Rosa, what more are you learning about the shooting?

ROSA FLORES, CNN CORRESPONDENT: You know, Bianna, according to the Houston Police Department, this shooting happened in downtown Houston at a bowling alley at about 2:30 this morning. Police say that there was a private party at this venue with about 40 to 50 people when shots rang out. Now police are not identifying the victim in this case only saying that the person who was deceased was a black male in his late 20s and also saying the two other individuals were transported to the hospital in private vehicles. But a source close to Migos, the rap group has told my colleagues Chloe Melas and Lisa France that that individual who died is the rapper, Takeoff. Now according to police, they do have surveillance video. They're going -- they're going through that surveillance video. No suspect has been identified at this time. The mayor of the city taking to Twitter to express his frustration about the senseless killing saying on Twitter "young men of color are killing themselves. They are pulling their guns and shooting and just like that someone is dead. Who do we blame? Activists, rappers, family members, faith leaders must confront this reality. This cannot be our future when our young are dying young.

We are expecting a press conference to be held here in Houston later this afternoon. And, Bianna Victor, that's when we're hoping to learn more from police.

BLACKWELL: 28 years old, tragic loss. Rosa Flores for us in Houston, thank you, Rosa.

GOLODRYGA: In Broward County, Florida victims' family members are holding nothing back as they addressed the Parkland High school shooter at his sentencing hearing. Many are upset that Nikolas Cruz did not get the death penalty.

BLACKWELL: Last month, the jury recommended the 24-year-old to serve a life sentence without the possibility of parole for killing 17 people at Marjory Stoneman Douglas High School in 2018.

GOLODRYGA: CNN's Carlos Suarez joins us now from Broward County, Florida. So, Carlos, it's been an incredibly emotional day in the courtroom. What did we hear?

CARLOS SUAREZ, CNN CORRESPONDENT: Well, Victor and Bianna, there is a great deal of anger and disgust that was on display in this courthouse in Fort Lauderdale. Much of it was directed at Nikolas Cruz, but some of it was set aside for his defense attorneys. Things were not only emotional out here, but they were also pretty tense. Earlier this afternoon, one of the defense attorneys objected to some of the comments that the families had made, specifically involving one of their children.

Now, in all, we heard from well over a dozen speakers here today, much of them were the family members as well as some of the survivors. All of them were pretty upset at the jury's verdict. They said that the jury got it wrong. They told Nikolas Cruz to his face that they felt he should have received the death penalty. And they said that while they're going to try to move on with their lives, they hope that his -- the rest of his life in prison will be filled with a great deal of sorrow. Here now are some of the family members.

(BEGIN VIDEO CLIP)

[14:25:05]

THOMAS HIXON, SON OF PARKLAND SHOOTING VICTIM: You are unfortunately living proof that evil does exist in our world and you've proven that you have nothing positive to contribute to society. You're not going to be a case study or provide some kind of breakthrough insight into the mind of a school shooter. You're instead going to be relegated to a NEMA tombstone that no one ever visits.

ROBINOVITZ: I'm too old to see it without your life sentence, but I hope your ever-breathing moment here on Earth is miserable. And you repent for your sins, Nikolas, and burn in hell.

MEGHAN PETTY, SISTER OF PARKLAND SHOOTING VICTIM: He gets daily meals, a roof over his head, and a bed to sleep in now. My sister's body is food for carrion, her roof is six feet of dirt, and her bed is a coffin.

(END VIDEO CLIP)

SUAREZ: All right, so things were so tense out here, Victor and Bianna, that when one of the defense attorneys brought up that objection and told the judge that she might feel differently if some of the commentary in court by some of the family members involved her children, she might think a little bit different about some of the objections that they had made. The judge, she was having none of it. She told one of Cruz's attorneys to get out. We are in recess. We're going to do this all over again tomorrow. We're expecting to hear from several more family members, as well as survivors. And then the judge is going to sentence Nikolas Cruz to life in prison without parole, guys.

GOLODRYGA: Just once again another example of the strength of all those family members to be enduring living hell are these past four years really to confront him, the final opportunity to do so. Carlos Suarez, thank you.

Well, health officials have urged people to go get flu shots and the new COVID booster. But right now there is no vaccine for the respiratory illness, RSV. Well, that could soon change.

BLACKWELL: And in Michigan today, a rare sighting, GOP lawmaker Liz Cheney will campaign for a Democratic candidate. One Republican in that state already says the move will backfire. We're going to talk about that ahead.

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