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Tomorrow, Voters Head to Polls in Pivotal Elections; Polls Show Economy is Top Issue for Voters; Jan. 6 Committee to Respond to Meadows' Attempt to Stave Off Subpoena. Aired 10-10:30a ET

Aired November 07, 2022 - 10:00   ET

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

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ERICA HILL, CNN ANCHOR: Good Monday morning. Top of the hour here. I'm Erica Hill.

JIM SCIUTTO, CNN ANCHOR: And I'm Jim Sciutto.

Just one more day until the midterm elections. Tomorrow, voters across the country will head to the ballot box to make their choices. Of course, many have already voted in early voting. The biggest prize, the balance of power Congress. For Democrats, that means the ability to push forward with President Biden's legislative agenda. He will be in Maryland tonight to rally for the Democrats, particularly for the Democratic candidate for governor there.

HILL: And here is a look at what is at stake. Every House seat, 35 spots in the Senate there for the taking. And as Jim just mentioned, dozens of governor votes will be cast, secretary of state, attorney general as well.

Voter enthusiasm is soaring into the election. So far, more than 40 million ballots have been cast across 47 states, pre-election voting outpacing the 2018 numbers in states where the data is available. It is still too early though to know what overall turnout will be, of course. Will it reach 2018 levels? Could that be higher? Well, we're all just going to have to wait longer to find out.

Let's kick off this morning for coverage though in Wisconsin, hotly contested Senate race there, could be perhaps one of the states that is a decider for Democrats in their hopes of keeping power in the chamber.

CNN's Lucy Kafanov is Milwaukee. So, the incumbent in that race, Senator Ron Johnson, already, Lucy, casting doubt on the election results before we even get to Election Day.

LUCY KAFANOV, CNN CORRESPONDENT: That is right, before Election Day. Now, two-term Republican Senator Ron Johnson is facing Wisconsin's Lieutenant Democratic Governor Mandela Barnes in a closely contested state, a state where President Biden won by less than 21,000 votes. Now president -- pardon me, Senator Johnson is a close ally of the former president, Donald Trump. He has a history of controversial statements of conspiracy theories, about COVID-19, as well as the January 6 Capitol attack.

Now, he was asked a relatively simple question on the campaign trail last week, whether he would commit to accepting results of the midterm elections, his answer, in part, and I quote, I sure hope I can, but I can't predict what the Democrats might have planned, obviously not a yes.

Now, he was asked in part this question because a top Milwaukee election official was fired last week after requesting military ballots for fake voters and then sending them to a Republican lawmaker. And more recently in his final pitch to voters, Johnson has been pushing racial divisions. Take a listen.

(BEGIN VIDEO CLIP)

SEN. RON JOHNSON (R-WI): He's talking about racism in Wisconsin, said it is actually scarier than down south because we institutionalized here in Wisconsin. We just figure out how to conceal it. He called it concealed carry racism. So, that is what he thinks of you. Kind of makes you scratch your head. I mean, why would he want to represent people who have institutionalized racism?

LT. GOV. MANDELA BARNES (D-WI): Ron Johnson is a completely negative campaign because he doesn't have a record to run on. He spent 12 years serving himself.

(END VIDEO CLIP)

KAFANOV: And you heard Mandela Barnes there at the end. Again, 35 year olds, currently the lieutenant governor, he would be Wisconsin's black senator if he is elected.

And at the beginning of the year, Wisconsin was effectively considered amongst the top Democratic chances of flipping a Senate seat. Johnson was not particularly popular here. But in recent weeks, he saw his slight lead evaporate, Mandela Barnes did, amid a barrage of negative advertising.

And so this is an extremely close race. It is going to come down to turn out, how independent voters will cast their ballots. Absentee voting did end yesterday, and so, again, a close race. We'll see who ends up winning tomorrow.

HILL: Yes, we will certainly be watching.

Also keeping a close eye on Nevada as well, that, of course, is where Catherine Cortez Masto is widely viewed as the most widely vulnerable in the Senate today. She's pushing for some last minute votes in her race there against Attorney General Adam Laxalt.

SCIUTTO: CNN National Correspondent Gary Tuchman in Las Vegas this morning. Gary, you know the state well. Tell us the state of play. GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Well, Jim and Erica, good morning to you. About 3.1 million people live here in the state of Nevada. And of those 3.1 million people, more than 70 percent of them live in one particular county, this county, Clark County, home of Las Vegas.

If you want to win statewide office in this state you have to do respectively in this county. And we could tell you right now, in this county and throughout state, they've already seen far more votes for the 2022 midterm election than the 2018 election.

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And one reason for that maybe because it is much easier to vote here in Nevada than many other states, because if you register to vote, you automatically receive a mail-in ballot.

Three high-profile races here in the state, the U.S. Senate race, as you were mentioning, is one of them and it appears to be the Republicans' best chance that they have a Democratic seat. The incumbent senator, Catherine Cortez Masto, she is the first Latina U.S. senator, she is the first female U.S. senator in the state of Nevada. She is facing Republican Adam Laxalt, former attorney general, gained some fame and/or infamy for joining a lawsuit to challenge the 2020 election results here in Nevada, which Joe Biden won more than by 33,000 votes. That happened and then Donald Trump endorsed him after he did that.

The governor's race, the Republican challenger in that race is staying away from election denialism. He's Joe Lombardo. He's the sheriff here of Clark County. He actually turned 60 tomorrow on Election Day. He faces the Democratic incumbent, Steve Sisolak, in his first term. He beat Adam Laxalt for the governor's race four years ago.

And the secretary of state race, the challenger, Jim Marchant, he may be the most strident election denier in the United States right now. He lost a congressional run in 2020. He says he and Donald Trump both lost because of a rigged election. He faces Cisco Aguilar, who is an attorney and a former staff member to the late Senate majority leader, Harry Reid. The polls are open until 7:00 Pacific Time tomorrow but mail-in ballots can be received about by this Saturday. Back to you, Jim and Erica.

HILL: Gary Tuchman with the latest for us, there's going to be a lot of attention there as well. Gary, thank you.

SCIUTTO: Yes. And secretaries of state have a lot of power over elections.

In Pennsylvania, another tight race, a Philadelphia election official warns that now more than 3,400 mail-in ballots there risk of rejection raising alarm in a battleground where the Senate race between Oz and Fetterman is neck-and-neck.

HILL: Those mail-in ballots apparently have some incorrect information. So, they're missing date that was needed. They're missing the secrecy envelope.

CNN's Jessica Dean is live in Pittsburgh. So, this warning, Jessica, from elections officials, this comes after, of course, the critical Pennsylvania Supreme Court decision last week. Put this all together for us.

JESSICA DEAN, CNN CONGRESSIONAL CORRESPONDENT: Right. So, the Pennsylvania Supreme Court ruling that election officials cannot count those mail-in ballots if they have this incorrect information on them. But we're talking about missing a date, or as you mentioned, Jim and Erica, about the secrecy envelope.

So, in Philadelphia, they say there is about 3,400 of these that they have received so far. They put out a list. They're hoping people can update that information and get it all fixed before Election Day. There is about a thousand of them here in Allegheny County. Same thing, they put out information. So, if you did mail in your ballot in one of those two counties, you may want to check on that.

And as you mentioned, this is an incredibly tight race here, projected to be quite tight. So, any sort of edge that any candidate can get, they certainly want it, and any sort of 3,400 or a thousand ballots could absolutely make a difference.

We've got Republican Mehmet Oz and Democratic Challenger John Fetterman, they are all across the commonwealth today. This is after three presidents were here over the weekend. Former President Barack Obama and President Joe Biden rallying in Philadelphia and then Obama here in Pittsburgh for the Democratic candidates. And then former President Trump was just about an hour outside of here in Pittsburgh rallying for the Republican candidates.

Oz really still trying to pitch himself as an independent voice, as a moderate. He really kept that even at the Trump rally, not mentioning former President Trump by name, not mentioning the Republican gubernatorial candidate by name, Doug Mastriano. Fetterman really attacking that position, saying that Oz, essentially trying to frame him as a phony, saying that Fetterman is really the only one that's been here that will stick up for people in Pennsylvania.

But, ultimately, it is the people that get to decide. And we talked to some of them over last week. Listen to what they had to say.

(BEGIN VIDEOTAPE)

BRUCE ERSHLER, MONTGOMERYVILLE RESIDENT: I'm not a fan of Dr. Oz. I'm not a fan of Fetterman. My vote would probably end up being that I'd like to see the Democrats hold or win the Senate.

DAN WALSH, BORN AND RAISED IN WILKES-BARRE: Health care is -- should be number one on the list for the people of Pennsylvania. And I think John, John Fetterman is the man.

VALERIE SAMPLE, PHILADELPHIA RESIDENT: Fetterman is the best man for the job. And I think his message should be right now is to vote, vote, vote, like your life depends on it because it does. LIGIA PRZYDYLSKA, QUAKERTOWN RESIDENT: For all of the issues that we're unhappy with, the economy failing, the crime and lack of freedom of speech. So, hopefully, with the winning of Republicans, we'll get all of those.

MIKE ROGAL, PITTSBURGH RESIDENT: I'm going to vote for the doctor in the Senate race, Dr. Oz. I think Fetterman is probably a really good person but he was pretty unintelligible at the debate.

UNIDENTIFIED FEMALE: Did you have your mind made up before the debate or did that kind of seal the deal for you.

ROGAL: I think it sealed the deal.

(END VIDEOTAPE)

DEAN: It will be the voters who decide who is going to the U.S. Senate and, ultimately, who may control the U.S. Senate. That may be determined here as well, Jim and Erica.

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Worth noting too, it does take some time to count ballots in Pennsylvania. And in an especially tight race, it may take a lot of time. So, everyone should prepare for that.

SCIUTTO: Particularly when the results could be on a razor's edge. Jessica Dean in Pittsburgh, thanks so much.

DEAN: That's right.

HILL: And joining us now to discuss, CNN Political Commentator, he's a former Republican Congressman from Pennsylvania, Charlie Dent, and former Obama administration official Van Jones. Nice to see you both this morning.

All right, we're going to pick up in Pennsylvania. It feels like we should since we just came out of Jessica There. One of the things that's interesting to me is there is so much focus on this Senate race in Pennsylvania. But there are dozens of states who will also be voting for governor. And it is interesting, sometimes it is that governor's race and sometimes it is the Senate race that can draw in more voters. Congressman, do you have a sense in Pennsylvania which one could drive more people to the polls?

CHARLIE DENT, CNN POLITICAL COMMENTATOR: Well, in Pennsylvania, it seems to me that the Senate race is really getting most of the attention. The governor's race, Attorney General Josh Shapiro, is in a commanding lead there. He's running against an election denier, frankly, a very incendiary candidate, who is just dangerous. And so Shapiro is going to win. But the focus is on the Senate race because it is so tight. And, frankly, we have two fairly flawed candidates running for Senate right now. But it seems to me that Oz is pretty well positioned to win after the disastrous debate performance by Fetterman. So, bottom line is in Pennsylvania, the Senate race is driving most of the attention right now, far more than any other races and there are three very competitive House races as well in Pennsylvania.

SCIUTTO: Okay. Big picture, Van, because economic issues certainly are the top of the voters' minds. It seems virtually across the board. In a cycle, when that is the case, do the Democrats get their message wrong by focusing, for instance, on threats to democracy as opposed to economics as the top issue?

VAN JONES, CNN POLITICAL COMMENTATOR: Well, listen, a lot of the actual campaigns on the ground were focusing on the economy. But you're correct, I think there was this kind of fool's gold, this idea that the threat to democracy is so severe in the wake of this insurrection and the wake of these election deniers possibly grabbing control of the government, that that was something that you had to talk about. But you also have to talk about the economy.

I think the tragedy here is that the Democrats have something to say on the economy, in terms of what Biden has done when it comes to 10 million jobs, what Biden has done when it comes to prescription drug prices, standing up to China or the CHIPS Act and also the fear of what Republicans will do. If you think it is bad now, I think Democrats should have been saying, wait until Republicans shut down the government to knock out social security and Medicare. Wait until prescription drug prices go up. But we didn't focus enough firepower on that issue. And I think it is going to potentially cost us.

However, people still got to go vote. So, if that argument makes sense to you, you could still go vote. And you can vote for a good economic message for Democrats as well.

HILL: Vance, so you're saying there is a chance, there's still time, and there is still time. It is important to point out there just because of those early voting numbers. There are still millions and millions of people who have to go to the polls.

What is interesting, though, as I hear you talk about that, is this fear among Democrats after addressing the economy, which is really important to people right now, and also this sense of taking things for granted, whether it would be, as we've seen in the past, women, black voters, Latino voters right now, as we just talked about the race in Nevada, and even taking for granted that that enthusiasm, if you will, that engagement out of the Dobbs decision would last. How does that keep happening, Van?

JONES: I don't know. But Dobbs versus jobs, most people are going to be focused on the jobs. And so that is just where we are.

I do think that the Republicans have done a better job than anybody expected in polling the Latino vote toward them. They have been on the ground doing these outreach centers, doing very innovative stuff. Meanwhile, most of the Latin voters are young people. 66 percent of Latinos are under the age of 33. If you're not investing in the youth vote, you're not investing in the Latin vote. You have got a bunch of lot of young Latinos that don't like Trump, don't like Sheriff Arpaio. They've not been engaged.

So, there's going to be a big autopsy, as they say, after this election.

SCIUTTO: Charlie, you and I spoke around the time the Supreme Court's decision overturning Roe. You as a former Republican congressman said this is going to be trouble for Republicans lawmakers, for the party. And, by the way, we could still have surprises tomorrow as to how that issue and others move voters on the bottom line. But are you surprised it is not at least as the polls are capturing, top of mind or more top of mind than you might have expected.

DENT: Yes. Jim, I always thought that the abortion issue might mitigate some Democratic losses in this election cycle. But as time has passed since the Dobbs decision, I think what is happened is that many voters realize that abortion is still legal in most states, like New York and New Jersey and Pennsylvania, Maryland.

[10:15:04]

Things really haven't changed there.

Where the change has been, of course, in those red states, where they have made abortion illegal.

And I suspect what's going to happen there is that if you're a Republican in Kansas, I have got to tell you, you're going to have think real hard about how you vote on abortion bills now because there will be consequences to what you do and it may have a moderating effect on some Republicans in those states. Because before, Republicans would always vote on these bills to restrict abortion. They did it without consequences because the backstop of Roe v. Wade was there. But now that the goal has been pulled, now there are consequences. And now, all of these votes, all of a sudden, they're playing with live rounds and I think they recognize that.

But the bottom line is abortion at the moment does not seem to be the top issue for most people. It is still more economy, jobs, inflation, crime, those things.

JONES: I think Charlie is right. You don't get an abortion every week but you do buy gas every week. You don't vote -- democracy is on the line. You don't vote every day. You do have to eat every day. So, the price of food and the price of gas matters for a lot of working class voters in a way that I don't think Democrats really factored in.

SCIUTTO: True, for sure, although gas prices change and maybe it is a lifetime decision, right? It is a one of those.

Van Jones, Charlie Dent, thanks so much to both of you.

JONES: Thank you.

DENT: Thanks, Jim.

SCIUTTO: Be sure to tune in tomorrow, Election Day for CNN's unrivaled special election coverage begins at 4:00 P.M. Eastern Time.

HILL: Still to come here, a critical deadline as the January 6 committee is expected to respond to Mark Meadows' fight to block a subpoena from the panel.

And a bit later, a potential preview of a GOP presidential primary showdown. Former President Trump, Florida Governor Ron DeSantis holding competing rallies in Florida.

SCIUTTO: Plus, a deadly plane crash into a lake in Tanzania. Investigators now trying to find out what caused the plane, you see the pictures there, to plunge into the water.

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HILL: Today, the January 6th committee is expected to respond in court to attempts by former Trump White House Chief of Staff Mark Meadows to block the panel's subpoena. Last week, a federal judge dismissed a lawsuit filed by Meadows challenging that subpoena. Not his only defeat in court. A different judge also ruled Meadows must testify before a Georgia grand jury investigating the interference in the 2020 election.

Joining me now to discuss and help us keep straight, because, let's be honest, there's a lot here, former federal prosecutor and CNN Legal Analyst Jennifer Rodgers.

It is interesting because I say that half joking but, really, I'm serious. There is a lot to keep track of in terms of all of these subpoenas, all of the players who are involved and the legal challenges, and yet there seems to very similar playbook with each one, which involves running out the clock.

JENNIFER RODGERS, CNN LEGAL ANALYST: Yes. It really underscores how the courts are not well suited to this type of litigation, where you have people who have unlimited resources to appeal, appeal, appeal, and there is a clock that's going to run out. Most of the time, you have a dispute. And if you lose, you go away because there is no reason not to, right? You're going to keep losing and the dispute is not going away. Here, that is not the case. You see Mark Meadows following this playbook. It is a really travesty that it has been over a year this has been pending without resolution but we're now out of time. So, I don't think he's ever going to show.

HILL: And time is on his side in this one?

RODGERS: Yes. He hasn't even appealed this ruling. He's asked for reconsideration. So, that is like an interim step, get another bite at the apple when this judge says no and he'll be able to appeal. So, there is just not enough time to deal with it.

HILL: Kind of a part question, because we're looking at this as well with the subpoena that the committee issued to former President Trump. There is a deadline for documents, we're still waiting on some documents. They want a deposition by the 14th and they said they want to stick with that. But the reality there too is it is unlikely.

RODGERS: It is not going to happen, but that is a different bucket. Because they subpoenaed him so late that we're still in a period where you would expect good faith negotiations about the scope, the parameters, the timing. They're not in a position yet with him where they can say he's acting in bad faith and we need to go to court and are able to do that. So, that is a different bucket. It's the Meadows one and some of the other ones that are really frustrating, the courts haven't sorted that.

HILL: And the point you made that the courts haven't sorted those yet, that it's been a year with Mark Meadows, is there a push for anything to change in the way matters like this are handled so that -- and not only when it involves politicians or a former chief of staff or a former president, but in order to make justice run a little bit more smoothly and efficiently?

RODGERS: Yes, I thought about that. It is really tough because there are, of course, matters that can be expedited in any given court and you can get a ruling quickly. The problem is everyone is entitled to their appeals, they're entitled to ask for another bite, and then it is up to the individual judge or the individual court the importance they'll give to that, right, the timing that they'll on those parties.

So, I just don't know whether there is any -- I'm going to think about this. But I just don't know whether you could maybe pass legislation that would require a certain category of matters like this, where you have an expiration date to move more swiftly. But I don't know of anything in the works, to answer your question.

HILL: Tomorrow is Election Day. As you know very well, there have already been a number of lawsuits filed ahead of the election. There are concerns over election irregularities, even some of which don't exist. Some people are upset with the way certain states handle their absentee ballots, for example. Is there anything in particular that you're watching from a legal perspective as people go to the polls tomorrow?

RODGERS: What I'm interested to see, we've seen reporting about coordinated efforts to train poll observers and poll works to be more aggressive in trying to get ballots thrown out, people disqualified, disrupt election sites, maybe. So, I'm looking to see if that happens. And if it does, what happens from there?

[10:25:02]

Are we going to see legislation to try to stop that sort of interference? We'll have to see what happens first. But that is kind of what I'm watching for, and then hoping if that does happen, there will be some counteraction taken.

HILL: Yes. Jennifer Rodgers, I appreciate it. Thank you. Jim?

SCIUTTO: President Biden headed to Maryland for his final attempt to rally Democrats in these crucial midterm elections. I'm going to speak to the White House communications director, coming up. That is next. (COMMERCIAL BREAK)

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