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Garland Names Special Counsel to Probe Handling of Classified Documents; At Least Seven Killed as Powerful Storms Slam Parts of the South; Lisa Marie Presley Dies at 54 After Suffering Cardiac Arrest. Aired 10-10:30a ET

Aired January 13, 2023 - 10:00   ET

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

JIM SCIUTTO, CNN ANCHOR: Twice in the same spot.

[10:00:02]

CARLOS SUAREZ, CNN REPORTER: Jim and Erica, that is the hope. Things out here are a bit slow but the folks believe that folks are going to be showing up throughout the day and then later this afternoon with a lot of folks are done with work and they come out to play.

As you guys said, the last time that someone won the mega-millions jackpot was in October. There were two winning tickets across the U.S. One of them was in California and the other one right here at this 7- Eleven in Fort Myers. And as you noted, it was right after Hurricane Ian hit.

Now, the owner of this store tells us that since that jackpot was hit here in October while two other customers have also won some money, we're told one person won $50,000 and then just last week someone else won another $1,000. And so the hope is if you come to this location in Fort Myers, your chances might be a little bit better. That being said, it is pretty difficult to win any type of lottery system, let alone one with this kind of jackpot ahead. Guys?

ERICA HILL, CNN ANCHOR: It is tough, but I won $24 in Powerball on New Year's Eve. So, I'm not giving up hope. Carlos Suarez, I appreciate it.

SCIUTTO: Can we split a ticket, Erica?

HILL: You can.

SCIUTTO: I mean, I won the last bet. So, maybe we'll even things out.

HILL: You did win the last bet, yes. Carlos, thanks.

SCIUTTO: Top of the hour this Friday. I'm Jim Sciutto.

HILL: And I'm Erica Hill.

Happening right now, President Biden and former President Trump facing similar investigations because there are special counsels now involved. Newly appointed Special Counsel Robert Hur is now leading the probe which involves President Biden, this after several classified documents were found at the president's private home and also his former private office.

CNN also learning the DOJ wants to speak with the people who searched former President Trump's properties looking for classified documents. We're going to break down the legal and the political implications ahead, what is similar here, what is not.

SCIUTTO: Plus, at least seven people are dead after tornadoes ripped across parts of the south. The images from the air are just devastating. Officials say, one of those may have been on the ground for at least 50 miles.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Oh, my God. Oh, my God. Oh, my God. You all, look, that is the building beside us. Oh, my God.

(END VIDEO CLIP)

SCIUTTO: Oh, my God, indeed. CNN teams are on the ground in both Georgia and Alabama. We're going to take you there in just a moment.

HILL: Also tributes pouring in this morning for Lisa Marie Presley. She's, of course, the only child of Elvis Presley. She died overnight at age of 54. We'll take a look back at her life in the spotlight.

SCIUTTO: Let's begin with hour with what we've learned on President Biden facing a special counsel probe now.

CNN Senior Affairs Correspondent Paula Reid joins us now with latest. So, Paula, tell us exactly what we've learned about why Garland appointed a special counsel. In his comments yesterday, he noted the extraordinary circumstances of this required a special counsel.

PAULA REID, CNN SENIOR AFFAIRS CORRESPONDENT: Well, certainly, Jim. I don't think anyone is going to argue with him that these are indeed extraordinary circumstances. You now have classified documents found in three different locations connected to a sitting president.

And, interestingly, Garland laid out the full timeline of this case. We got a lot more details. It is really interesting. Because we see that in early November, the Justice Department was notified of the discovery of these classified documents at a former office that Biden used to use just a couple of days before the election. And we see the day after the election, he taps the FBI to conduct an assessment of this, and that is notable because the Justice Department does not like to take steps in investigations too close to an election if it is a matter or a move that could potentially have an impact on the outcome of the election.

Just a few days later, he taps a Trump-appointed U.S. attorney in Chicago to look at whether a special counsel should be appointed here. And that is significant because if he's looking at the facts, he knows it is a possibility, but if he doesn't do it, at the same time he's mulling all of this, he's also about to appoint Jack Smith. So, he taps this Trump appointed U.S. attorney who will either say, yes, you should appoint a special counsel or no. So, if he doesn't appoint one, he could always potentially point to the fact that he at least went through this process.

Merrick Garland is a judge, right? He's always going to follow the Department of Justice procedure. We know, of course, that U.S. Attorney about a week ago briefed Garland once again and did recommend a special counsel who is, of course, named yesterday. So, it is likely that the attorney general had been drawing up a short list, because let me tell you, Jim and Erica, the list of people who are qualified to do this is pretty short. And of those, those who would be willing to take this on is even shorter.

Now, Robert Hur was the liaison for Rod Rosenstein and Special Counsel Robert Mueller. So I am told by the former deputy attorney general that Rob fully qualified to do this and he knows exactly what he's getting into.

HILL: Paula, how much do we know this morning about who has been interviewed, which officials perhaps investigators want to speak with, special counsel may want to speak with, where does all of that stand?

[10:05:08]

REID: So, CNN has learned of one official who has been interviewed, Kathy Chung. She's currently an official at the Pentagon. She was formerly Biden's executive assistant while he was vice president. We've learned that she has been interviewed in the course of this investigation so far. We don't know if any other people have been interviewed. But it is going to take a little while for Rob Hur to get his office set up.

And once he does, they'll likely want to interview other people, likely people who were involved in the packing up of any kind of classified materials involved in the transition and anyone who may have been in any of these places, be it the former office at the Penn Biden Center or the Biden's garage or what we've learned is his private office and library.

Big question also out there is would the president sit down and answer questions, is that something they would want, is that something his lawyers would want, all questions that we'll be looking at and digging into over the next weeks and months.

HILL: I appreciate it, Paula. Thank you.

Joining us now to discuss, former Federal Prosecutor Jennifer Rodgers and CNN Political Director David Chalian. Good to see you both this morning.

So, Jennifer, when we look at this here, there is so much talk and I've been asking the question about, from the way I understand it and what I've been told, a special counsel was pointed, yes, it was recommended by U.S. Attorney Lausch in Chicago. But it would also be appointed if a criminal investigation was warranted. Is it clear to you, based on what we know publicly, that there could there be criminality here or is this more politically motivated perhaps, the attorney general just trying to save face and make sure everything seems fair?

JENNIFER RODGERS, CNN LEGAL ANALYST: Well, Erica, from what we know publicly, there doesn't seem to be a basis for criminal liability. So, that predicate of a criminal investigation being warranted doesn't really seem to have be met. At the at the same time, the U.S. attorney in Chicago recommended it and there is just now way, I think, as cautious and conservative as Merrick Garland is reputed to be and has turned out to be that he is going to go against that recommendation.

And, listen, we don't know all of the facts. I mean, until yesterday, we didn't know that a second group of documents have been found that had already been evaluated by the U.S. attorney in Chicago. So, I think we just have to take the appointment at face value and see what Rob Hur does over the next weeks and months as he digs through this.

SCIUTTO: Jennifer, let me ask you, because the special counsel statute notes not just -- it says criminal investigation of a person or matter is warranted, but it also notes, if there is a conflict of interest or other extraordinary circumstances. And in his comments yesterday, Garland cited extraordinary circumstances. Can he appoint a special counsel under the statute based purely on extraordinary circumstances, which we clearly see here, right, given he's a sitting president or does he also need some sort of potential for a criminal probe? I mean, are the extraordinary circumstances enough, in effect?

RODGERS: They're not supposed to be. I mean, the way the regulation is written, you're supposed to have a criminal investigation being warranted before you get to whether there is a conflict or extraordinary circumstances. But, listen, who is going to test it? It hasn't been evaluated and Biden is not going to complain but it because it is a political issue for him now. So, we are where we are with that.

HILL: David, when we look at this, we can't remove the political from what we are looking at here. And this is certainly not great timing. Democrats felt like they were on a much better road until all of this broke, obviously. This is likely not to be resolved quickly. Do you sense that there is a circling of the wagons that both the White House and Democrats are starting to get a handle on what they're message should be because it is been kind of messy?

DAVID CHALIAN, CNN POLITICAL DIRECTOR: Well, it is certainly an assessment period. I mean, let's be clear, there is no good timing to have a special counsel investigation launched upon your White House. There is no good timing for that. Yes, the folks inside of the White House were feeling like they had a good run here going with their public standing, basically ever since the better than expected performance in the November midterms and on from there with their legislative record. But this is their new reality. And so you're in this assessment period now.

I mean, the White House, you guys have heard, the way that they're trying to deal with the politics of this is to lean into the comparisons to former President Trump's documents case because they think that contrast serves them well. And that includes, by the way, on a day like this, the day after the special counsel was appointed, the difference in reactions from President Trump when a special counsel was appointed during his administration, to how President Biden and his team is responding to a special counsel being appointed here by Merrick Garland.

I will just note, though, this should come as no surprise, especially to the tight circle of folks who learned on November 2nd that classified documents were found, even though they were not transparent with the country.

[10:10:04]

And I think that is one of the biggest questions that hangs out here for this White House, why they didn't choose to be transparent with the country. But you could instantly see the moment the documents were recognized and sent over to the Archives and then over to DOJ, that a special counsel was likely coming their way.

SCIUTTO: David, I want to ask you, because the argument you're hearing from Republicans now is that there is a double standard, Biden and others will say, well, it is about how you responded once you found these things. But I do want to play something that gets to the difference of how Republican lawmakers have responded to each of these issues. Have a listen and I want to get your reaction.

(BEGIN VIDEO CLIP)

REP. JAMES COMER (R-KY): What I've seen that the National Archives was concerned about Trump having in his possession, didn't amount to a hell of being.

REP. MIKE TURNER (R-OH): I've been in the Oval Office with the president. And I'd be very surprised if he has actual documents that rise to the level of an immediate security threat.

These facts and circumstances are just absolutely outrageous. I mean, this is completely mishandling of classified information.

Why did he have these documents?

(END VIDEO CLIP)

SCIUTTO: And we saw also Comer in recent days express outrage at the Biden documents, unlike what he had said for Trump. Is that a tenable position for Republicans?

CHALIAN: Well, I don't think anyone will be shocked with our audience watching that there may be politics at play here, Jim. But what is interesting is, as the Republican sort of rhetorical talking points that are out there right now about the Biden investigation as they're espousing them, they're also kind of underscoring the legitimacy in the investigation and case with President Trump. Because it -- all of the same points apply, about potential mishandling of classified documents. So, they're actually sort of supporting the cause for the Jack Smith special counsel looking at the documents case now with Trump right now with their current rhetoric about Biden.

SCIUTTO: Yes. But then you would be looking for a principle, David Chalian, and not politics here in Washington, and that's endangered species. David Chalian, Jennifer Rodgers, thanks so much.

CHALIAN: Sure.

SCIUTTO: Search efforts underway right now for survivors after just yet another powerful deadly storm swept through the country, this time through the southeast, leaving widespread destruction.

HILL: 35 tornadoes reported and one of them which tore through the heart of Selma, Alabama, and neighboring Autauga County, killed at least six people in Central Georgia, a five-year-old child was killed when the storm's strong winds caused a tree to fall on top of a car.

CNN is live there with Ryan Young who is in Selma, Alabama, this morning, Derek Van Dam in Griffin, Georgia.

Ryan, let's begin with you. This destruction in Selma, overnight, it is just really something. We're looking at that car that you had showed us last hour.

RYAN YOUNG, CNN NATIONAL CORRESPONDENT: Yes, widespread and, of course, you can understand why people were so terrified by this storm. You're looking inside this car right now and you can see the damage. There are so many of these images throughout the city where it is repeated itself over and over again.

As we walk in this direction to the train tracks, this is the main street here, Broad Street. And what we've been doing is we've been driving around and surveying the area. What we've discovered here, there are several homes on the other side of this area right here that have been damaged.

But, look, at what it did when the wind tore through here. There is there area where there is so much concern yesterday, where people ran for cover because they didn't realize the storm was moving as fast as it did. More bad news for the people in this area, more rain is headed this direction.

Now, take a look at this video from our mass cam that's above. It is pointed the other direction. So, you could see how wide the damage area is around here. We've been able to block out a at least two-mile swath where it looked like the wind just came through here and blew everything in its direction down.

We talked to certain people who were about a mile away from here. They still don't have power, cell phone is spotty and they were terrified. Also, look at these pictures from a nearby town about 40 miles away. People trapped in their home for at least close to three hours after the storm blew their roof off. So, you could understand the pain and the agony and the danger that people experienced here.

One of the women who was trying to deal with the storm was in that building right there when the wind compressed, came down and took out the front of that building. She told us she was happy just to be able to get out of the situation as they all ran to a closet. So, you understand this storm was huge, it hit fast and it left a lot of people terrified.

SCIUTTO: Goodness. Look at the metal wrapped around the tree there. It just gives you a sense of the speed of the winds, goodness.

Well, Derek Van Dam, he is in Griffin, Georgia. I wonder if you could you set the scene for us there.

DEREK VAN DAM, CNN METEOROLOGIST: Yes. Tragically, Jim, the fatality of the five-year-old child was in an adjacent county, Butts County, to Spaulding County where I'm located here. And, unfortunately, this is part of the 35 tornadoes that ripped through the southeast that is likely the same tornado that cycled up and down causing the damage you see behind me.

[10:15:02]

So, what you're looking at is actually the roof of a large shopping complex. When we surveyed the scene last night, the hobby lobby had a large gas leak and you could actually smell the gas and hear the gas as it was being released. The firefighters have since cut that off.

Now, we've had 35 tornadoes just in the past 24 hours but there have been 100 tornado reports so far this year. That is four times as many as average tornadoes to date. We've had nearly half of the days this year in 2013 experiencing tornadoes across the country, from California to Illinois. Here in Georgia, we've had three days where we've reported tornadoes including here yesterday.

Now, in Spaulding County, there were four middle schools that sheltered in place during this tragedy that swept through here during the afternoon and evening hours. And the students actually had to stay within their schools until the authorities deemed it safe enough for the buses to ship them home. So, that actually occurred after midnight last night.

It has been quite a scene here to see -- to say the least and, nonetheless, a very, very difficult start to the tornado season. Again, with 100 tornadoes already reported across the country so far, this is one of the many that have occurred. Jim, Erica?

HILL: It is just devastated. Derek, Ryan, I appreciate it. Thank you both.

Still ahead here, an update for you from just outside the Ukrainian town of Soledar. Ukraine's denies Russia's claims of victory in that key town. CNN is on the frontlines as the intense fighting continues.

SCIUTTO: Yes, Ben Wedeman right in the middle of it.

And the entertainment world mourning the death of Lisa Marie Presley this morning. She died overnight after an apparent cardiac arrest. We'll hear from her family after the loss. Plus, we're going to take a look back on her life and find out what is ahead for Graceland. (COMMERCIAL BREAK)

[10:20:00]

HILL: This morning, those who knew and loved Lisa Marie Presley honoring her in the wake of her sudden death overnight at the age of 54. She was hospitalized on Thursday after suffering an apparent cardiac arrest. The singer is survived by her mother, Priscilla Presley, and three daughters.

SCIUTTO: They released this statement saying, quote, Priscilla Presley and the Presley family are shocked and devastated by the tragic death of their beloved Lisa Marie. They're profoundly grateful for the support, love and prayers of everyone and ask for privacy during this very difficult time.

Her last appearance was at the Golden Globes just Tuesday. There she is. Here is what she said when asked about Austin Butler's portrayal of her father in the film Elvis.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I was mind blown, truly. I actually had to take like five days to process it because it was so spot on and authentic, characteristics, mannerisms and the singing and talking without doing it in a caricature way, like it's been done in the past. It is kind of done like in a sort of funny joking way, the way he spoke. But Austin actually got it and did it perfectly without making it sort of comical.

(END VIDEO CLIP)

SCIUTTO: That was just a few days ago.

Joining us now for more perspective is Charisma Madarang, she is editor at Rolling Stone. Charisma, good to have you.

The singer had not been in the spotlight, in the public eye much after sadly losing her son just in 2020 by suicide. I wonder, were there concerns in the family about her overall health? Was this a total surprise?

CHARISMA MADARANG, EDITOR, ROLLING STONE: I think to her family and all of her fans around the world, I think it came as a total surprise.

HILL: It is really heartbreaking. As Jim mentioned, losing her son to suicide in 2020. She wrote very movingly and so openly about that grief. And I was really struck by those words, I mean, struck as a parent, obviously. But to carry that much grief, that much loss throughout her lifetime and yet to still have these beautiful daughters and this beautiful family, could you just talk to us a little bit more about who Lisa Marie Presley was when she wasn't in the spotlight?

MADARANG: I could think you could see throughout her work and also her music, her dedication to her family was something that she always was dedicated to and especially her father's legacy. I think behind the camera, it was just a lot of love for not only her father but her children and also her mother.

SCIUTTO: Her words there in praise of the film Elvis and the portrayal of her father in the film Elvis, I wonder what that movie, to your knowledge, meant to her and meant to the family.

MADARANG: It was a big part of Elvis' legacy. I know that I read and I've heard that they were quite nervous about the movie coming out. But I think once they saw Butler's performance and his dedication to the role and the way he portrayed Elvis authentically and with a lot of love, it was -- it made them very happy to see that Elvis' legacy was going to be continued in such a beautiful way.

SCIUTTO: Yes.

HILL: The closest of the family, this statement initially, of course, coming from her mother yesterday, and then heartbreakingly confirming her daughter's death, talking about her surviving children. Moving forward, do you expect that we will hear more from Priscilla Presley and her daughters in the coming days?

[10:25:02]

MADARANG: I think when the time is right. They have a lot to process right now. But I think they're going to make a comment in the coming future. But for now, I think it's for them more about just remembering who Lisa was and then also her relationship with the family and her father.

SCIUTTO: Yes, quite a life in the public eye. We showed those baby pictures when she was first introduced to the world but with such a sad ending. Charisma Madarang, thanks so much.

MADARANG: Thank you.

SCIUTTO: Well, the new GOP House majority is making good on a promise to investigate the Biden administration's withdrawal from Afghanistan. Up next, the ultimatum given to the State Department by the top Republican on the House Foreign Affairs Committee.

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