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Severe Storms; White House to Announce New Immigration Measures; Classified Documents Discovered in Private Biden Office. Aired 1-1:30p ET

Aired January 10, 2023 - 13:00   ET

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

[13:00:00]

ABBY PHILLIP, CNN HOST: Hi. I'm Abby Phillip here in Washington.

Right now, you're looking at pictures of President Biden on his high- profile foreign trip with Mexican -- with his Mexican and Canadian counterparts there. You see them. We're going to listen in for just one second, see if he takes any questions.

(APPLAUSE)

PHILLIP: We're going to keep following President Biden on this trip.

But, in the meantime, here at home pressure is growing for him to respond after new information revealed the classified documents were found in his private office late last year.

And just in to CNN, we are learning more about what is in those documents and also about what the attorney general, Merrick Garland, is doing about them, and how lawmakers and both parties are reacting today.

President Biden has not responded to questions on the issue twice today. You saw him there again faced with reporters, but he will face reporters again later this afternoon. And we will see if he responds then.

In the meantime, we have a full team coverage here with Evan Perez and Phil Mattingly here in Washington. Also with us, CNN legal analyst and a former Obama White House ethics czar Norm Eisen.

Evan, I want to start with you, because we're getting some new information right now, about both what is in the documents and also how this is being handled by the Department of Justice. What do you know this afternoon, Evan?

EVAN PEREZ, CNN SENIOR JUSTICE CORRESPONDENT: Well, Abby, what we know is that the what the Biden White House has described, that there were fewer than a dozen documents.

We now know from our sources to talk to, Jamie Gangel, that we're talking about 10 documents that were found in a closet at an office that the then-vice president who was leaving office had set up with the University of Pennsylvania at a center here in Washington. Now, these documents apparently cover every -- they were related to

intelligence memos. They were briefing materials that were prepared for Biden when he was vice president, and they cover a range of topics, including Iran, the Ukraine and United Kingdom.

So these were documents that would have been prepared for him when he was serving as vice president. And,somehow, they ended up in these boxes that were sent over and were provided -- or, rather, housed at his office that was being set up at the University of Pennsylvania here in Washington.

A lawyer who worked for Joe Biden and his operation, their political operation, was at the center trying to close out this office last fall. And that's when they came across these documents inside a manila folder. And this person saw a label that clearly identified material that said it was classified.

And that's when, of course, everything stopped, and they alerted the National Archives. And now we have obviously an investigation into exactly how they ended up there, Abby.

PHILLIP: And, Evan, what are you learning about the status of that investigation? Where are we on that?

PEREZ: Well, Merrick Garland, the attorney general appointed John Lausch, who is a U.S. attorney in Chicago. He's one of two U.S. attorneys that were appointed by Donald Trump that are still serving in the Justice Department.

He was kept on to handle a couple of politically sensitive investigations. And, of course, this one is now, you would say, probably among the most politically sensitive that is going on. He is a -- he has been looking at it, doing a review of the documents with the FBI.

And what we have been told, Abby, is that he has completed at least a preliminary part of this, has come back and has briefed the attorney general. And now the decision rests with Merrick Garland. And whether this becomes a full-blown investigation, you have to think that we have watched Merrick Garland operate and we have seen how Chris Wray at the FBI operate.

You have to think that they're going to try to do things by the book, make sure that they handle this you in the same manner that they handled the Trump investigation, which is still ongoing.

[13:05:04]

PHILLIP: And we should know that Merrick Garland is with President Biden in Mexico City right now...

(CROSSTALK)

PEREZ: Awkwardly sitting next to him.

PHILLIP: Awkwardly sitting next to him as these questions are being shattered by reporters.

Phil, I have to ask you here, because the timeline is very significant. November 2, when they first encountered these documents, that's just before the midterm elections. But it isn't until now that we are learning about it. Why is that? What is the White House saying?

PHIL MATTINGLY, CNN SENIOR WHITE HOUSE CORRESPONDENT: Abby, there has been no explicit explanation as to why there has been a delay.

Some people I have talked to have made the point that the administration was cognizant of the fact that there was a review under way, that this had been referred to the Justice Department and that the U.S. attorney that everyone was talking about in Illinois was in the midst of working through this process.

Perhaps they didn't want to get involved in that. And, certainly, this is a White House that for the better part of two years has done everything in their power not to be seen as playing any role in the Justice Department's efforts or decisions.

But it is certainly a question they are hearing from lawmakers on Capitol Hill, and not necessarily just Republicans. Now, it's worth noting White House officials have not spoken publicly about this beyond the on-the-record statement they released from the White House Counsel's Office last night, that statement confirming that the documents had been found and confirming that a review was under way and then giving a detailed timeline, a timeline that was detailed, again, behind the scenes privately in a White House call with allies that my colleague Jeff Zeleny is reporting on.

Now, they also gave a top-line view of what they said those documents actually were to some degree, no details. Obviously, they are classified documents, but downplaying those documents, saying they're not particularly sensitive and the intelligence community was not particularly concerned about those documents.

Obviously, we don't know what those documents actually are specifically. And the White House hasn't publicly said anything about those documents, but the primary purpose of the call to really amplify the idea that immediately once documents were found, or once the president's private lawyer found a document with classified markings, a call was made to the counsel's office, who then called the National Archives.

And Archives went over and picked up those documents the next morning, trying to draw a clear contrast from the former president and make clear they have cooperated every step of the way, Abby.

PHILLIP: And there is a clear contrast in these two cases. I mean, we're talking about 10 documents, according to our reporting.

However, Norm, you were in the Obama administration their ethic czar early on. And I think we have to ask the same question that we would have asked when we were dealing with this issue with Trump, which is, how could something like this have happened? Can you think of any good reason why documents like this would have remained in his personal office for this length of time?

NORMAN EISEN, CNN LEGAL ANALYST: Well, Abby, the reality of classified document handling, I was involved in writing the relative E.O. when I was in the Obama administration.

Then, of course, as ambassador, I was subjected to this regime and oversaw over 200 people who had to follow these rules. The reality is that accidents do happen all the time. And the key -- so it's not a good reason, but it's a human reason. And the key question is, was it willful and intentional?

If you look at the criminal laws that apply to this question of documents, classified documents, being held outside of government premises, the felony laws all talk about willful or intentional misconduct. Right now, we have no indication of that. And, as you have noted, that's very different from the pattern of behavior exhibited by the former president and those around him.

PHILLIP: And, to that point, former President Trump did not return we're talking about over a dozen boxes to the National Archives. The question in that case is, in addition to the fact that they were classified, how they were handled and why they weren't returned promptly.

But, Evan, from the Department of Justice's perspective, it seems like there's no way to disentangle this from the politics of the Trump probe. So do you see any evidence at this moment that DOJ is treating these cases differently?

PEREZ: No, not so far.

I mean, look, we're still in the early stages of this one. The Justice Department has been doing this review for a few weeks now. And I think, certainly, Merrick Garland and Chris Wray at the FBI are both very cognizant of the lens on which this will be seen.

And so that's kind of one reason why I think we can expect that they're going to try to make sure they follow all of the rules as they would do in any one of these cases, especially given what they have gone through with the Donald Trump case.

Obviously, as you guys have pointed out, certainly, there have been significant differences, including the lack of cooperation and Justice Department says obstruction that occurred in the example of the former President Donald Trump.

[13:10:02]

So you can expect that they're going to try to make sure that they can hold this up and it'll be seen as being handled very fairly, which is why they appointed John Lausch, the Trump appointee in Chicago, to handle this matter.

But you're so right. There's no way to disentangle this from politics. And Merrick Garland is very, very much aware of that. And they're going to want to make sure that they figure out everything about where these documents were held. Were there any documents anywhere else in any of the properties that the former president -- that the president operated in during the last six years?

Those are the questions that are going to be asked.

PHILLIP: And that is a key question, because Norm said -- as Norm says, accidents do happen. But the question is, do they know what they don't know? Do they know what might be out there?

Norm, I have to ask you. I mean, one of the factual pieces of information that we got from our colleague Jamie Gangel's great reporting is that these documents were, it seems, found in a box that contained a lot of personal effects, including information about Beau Biden's funeral, et cetera.

However, in the Trump case, his documents were also entangled with a lot of personal effects. Does that matter to you? Does that actually make it worse? Were they mishandled because they were just mixed in with things that were unclassified?

EISEN: Abby, it's such early days. We really don't know.

John Lausch probably does know. He's had a couple months to take an initial look at what happened here. Joe Biden may never have known that these documents were in that box. Someone else may have loaded them in. They were in a sealed envelope marked personal.

So, those are the kinds of things that the investigators are going to have to look at. They have to treat like situations alike. There are some other differences here, the volume of documents. The number is smaller. There's no indication that there's code word, the most sensitive documents, as we do have in the Mar-a-Lago case.

And there's no finding of probable cause. There, there was a search warrant. A judge found probable cause of criminal violations. We don't have any of that here. But, by the same token, we do need answers to these basic factual questions. And it needs to be done in a way that inspires the confidence of the American people that this was fairly and completely looked at.

PEREZ: Abby...

PHILLIP: It's such a good point.

And, Evan, I will let you have the last word before we have to go.

PEREZ: I'm sorry.

Yes, just one last quick thing. I mean, to Norm's point, I think the answers that we're getting from the White House are very important. And, look, we're already seeing some contradictions. Yesterday, we heard from some officials who indicated that the president and his team didn't really know what were in these documents.

And yet, today, they're doing a call with allies saying, well, we know that this was not really that important and the intelligence community doesn't really care about it. So those two things are a bit in conflict. And so they're going to have to get their story straight as the days come -- in the days ahead.

PHILLIP: Yes, certainly, a lot more to learn about what transpired here. And then now that review seems to be nearing its completion, hopefully, we should get some more answers soon.

Evan Perez, Phil Mattingly and Norm Eisen, thank you all.

And let's talk now about Biden's foreign trip as the pressure builds on his administration to act on the immigration crisis. We are learning this afternoon that the White House is preparing to announce new measures to curb migrant crossings at the Southern border.

CNN's Priscilla Alvarez is in Mexico City with the president.

So, Priscilla, what do we know about this new initiative?

PRISCILLA ALVAREZ, CNN WHITE HOUSE REPORTER: Well, we know that it all plays into that key issue of trying to stem the flow of migration. In fact, the three leaders are meeting at the building behind me, the national palace, where they're going to be having these discussions.

And these measures that the administration is rolling out are really focused on trying to make legal pathways to the United States or even Canada or Mexico accessible to them.

So, it includes a virtual portal that is supposed to serve as sort of a one stop-shop for migrants to apply for a legal pathway or see what they're eligible for. It also includes a physical center in Southern Mexico, specifically Tapachula. That is a transit location where migrants pass through that they can also get information how to apply to migrate legally.

That is really the focus here, is how to get migrants to stop irregularly coming to the U.S.-Mexico border, but instead come through legal means. Now, of course, these options need to be viable, and that is what will ultimately measure their success.

Migrants are often urgently leaving deteriorating conditions. And so a senior administration official, when I asked that question, told me that, look, this is an experiment, and they're going to have to work with regional partners to try to find solutions. And that is, in part, the focus as of today, where they're also going to be looking at economic development, climate change trade, among a slew of other issues.

[13:15:07]

Now, we will be hearing from all three leaders later today. They will be delivering statements. And we will be watching for those -- Abby.

PHILLIP: Really important developments.

Priscilla Alvarez, thank you so much in Mexico City. And the storms wreaking havoc on the West Coast are not letting up today. More heavy rain is in the forecast, as millions across California could face deadly floodwaters, mudslides and very strong winds. Is there any relief in sight?

Plus, police say they are now testing items found at a trash site as they search for a missing mom in New England. Her husband faces a number of questions about his behavior and about his Internet searches about how to get rid of a body.

And if you work for the Mouse, you're going to have to leave the house soon. How Disney is changing its tune on remote work -- when we come back.

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[13:20:01]

PHILLIP: To California, where right now cars are submerged and 90 percent of the state's population is under a flood risk, as a wave of powerful storms attacks the West Coast again.

The death toll is now higher than the last two fire seasons. At least 14 have been killed as flash floods strike. First responders were able to reach this 70-year-old man from the fast-moving waters, and some areas are seeing months worth of rain in just two days. In Santa Barbara, a burst fire hydrant that has gushing water just added to their misery, and a deluge has triggered massive rockslides.

More scary scenes like this are now a big fear.

Mike Valerio is in Montecito and meteorologist Tom Sater is standing by.

But, first, let's get outside to Camila Bernal, who is in Santa Cruz.

So, Camila, what are you seeing out there?

CAMILA BERNAL, CNN NATIONAL CORRESPONDENT: Hey, Abby, just a lot of standing water and people having to deal with all of that water inside of their homes.

We're in a neighborhood where you see street after street flooded. And just to give you some perspective, like, here's the bus stop. It is halfway underwater. I spoke to the people in this house. They told me they were not flooded. But the house behind it completely flooded.

The guy there told me: Look, I had to put everything on high places just so that I wouldn't lose all of my stuff.

And I have talked to a lot of people here who told me that they lived here for years, and this is the worst that it's ever been. There are some of the evacuation orders that have been lifted, but officials here in the county telling me that still about 20,000 people are without power right now. So you're dealing with the flooding. And then you also do not have power. County officials also telling me that a lot of trees fell on top of homes overnight, telling me that they don't know exactly how many injuries or what happened overnight, but they're trying to evaluate all of that, as you wake up and as you see all of this. People are being told, do not drive, because many of the streets look like this.

So, of course, it's dangerous if you're out on the road, and they're telling people, if you do not have to be out on the roads, do not drive, because you're putting everyone at risk. There are sheriff's deputies working around the clock, telling people to go back to their homes, to not be on the road.

They have been working 24/7. And they're super overwhelmed. And so it's been really tough for a lot of the local authorities here. And the problem is, they're going to have to keep cleaning. This is going to take days, maybe even weeks to clean up. And then you're also expecting more rain, so people here, of course, worried -- Abby.

PHILLIP: Yes, I mean, so much water, and it's flowing like a river behind you.

Let's go to Santa Barbara now, where Mike Valerio is there.

Mike, I see the creek behind you, and it is moving. So what is going on where you are?

MIKE VALERIO, CNN CORRESPONDENT: You know, we're actually in Montecito, which is next door to Santa Barbara.

And Montecito is where five years ago yesterday, we saw these catastrophic landslides kill 23 people. And that's (AUDIO GAP)

PHILLIP: I think we're losing -- I think we're losing Mike there. He's back. Go ahead, Mike.

VALERIO: Oh, can you hear us? OK.

(AUDIO GAP) Ellen DeGeneres.

PHILLIP: All right. All right. Given -- given the weather, given the weather, we're going to give Mike a minute to get to get his signal back up.

But let's go to Tom in the meantime.

Tom, there is an incredible amount of rain that has fallen in the West Coast. It's not letting up anytime soon.

TOM SATER, AMS METEOROLOGIST: No, we could be looking, Abby, at another week, a week-and-a-half at least.

This atmospheric river we were forecasting began around Christmas. In the last week-and-a-half, most of California's rainfall is 400 to 600 percent above average. Will it take care of the drought? No, not really. We could use seasons of this. You just hate to see it. It's feast or famine with the fires and the drought or the flooding and landslides.

Santa Barbara, 4.2 inches, that's an all-time January rainfall record. Their records go back to 1941. That's over 30,000 days. And this is the fourth wettest day in history. Notice San Luis Obispo, just over four inches, their wettest day in history. Go back a week ago, on Saturday, we had Oakland just under five inches, their all-time wettest rain, but east of Santa Barbara, wow.

You get to around San Marcos Valley, it was staggering last night to see a foot of rainfall and then to see it up to 16 inches. Look at some of these. Here it is, 16.5 San Marcos, Rose valley. I mean, these numbers are just unbelievable. And if you look at more of them, like Ventura, Ventura River rose 17 feet in just 12 hours, reaching an all- time crest of 25 feet, all time.

Heavy rainfall in Los Angeles now, slides a little bit into the mountains. This storm system, which affects Northern California first, then slides to the south, eventually will eject into the Central Rockies. But now we have got a storm system that's going to move back into Northern California.

[13:25:02]

This is with the winds that have really been pounding the area. They're not just 60, 70 miles per hour. We have seen gust over 100. So these large trees with their weak root systems being so saturated are falling everywhere. Most of this, 90 percent of California, is under the flood watch.

Here they come. This is Tuesday into Wednesday. That's today. Wednesday, another storm system, Abby, moves in. That's Northern California. That slides into the area up to the north with strong winds into Thursday. And the long-term forecast really is showing more mountain snow. It's already over 100, even 200 inches in some areas.

But these storms continue to line up. Just terrible. I mean, you have got the landslides. You have got the deaths. You have got the river flooding, and it's going to continue. Most roads are getting shut down by small landslides, but they're peppering the entire coastline and even interior sections of the state.

PHILLIP: Yes, God, it is terrible. And it's just -- at this moment, I think people really need to listen to their local authorities, and stay safe in this kind of weather.

Thank you, Tom. And thank you, Mike and Camila, as well.

Now, police say that the mother of a 6-year-old boy who shot his teacher -- who shot his teacher could face charges. We will have the latest on this disturbing case.

And if you are one of the millions of Americans struggling to pay your student loans, a new White House proposal could be a game-changer for you. We have got the details on that.

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