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Florida House Approved Bill To Give DeSantis New Power Over Disney; Trump's Former National Security Adviser Subpoenaed By Special Counsel On Classified Documents And January 6; Interview With Rep. Chris Stewart (R-UT): White House Briefing On Chinese Spy Balloon; Halyna Hutchins' Family Files Lawsuit Against Alec Baldwin;. Aired 3:30-4p ET

Aired February 09, 2023 - 15:30   ET

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

[15:30:00]

LEYLA SANTIAGO, CNN CORRESPONDENT: Or rather, is becoming an ally to the LGBTQ community when Florida decided to limit the discussion of sexual orientation and gender identity in the classroom. And so, Democrats say they don't like where this is coming from because they believe this is Governor Ron DeSantis seeking revenge on Disney.

Again, this passed after a 45-minute debate on the floor. It will now head to the Senate tomorrow where it is expected to pass. And then the next big question will be, who will those five appointees be and in which direction will they take the special district that governs Walt Disney World?

VICTOR BLACKWELL, HOST: All right, we'll be watching, Leyla Santiago, thanks for the reporting.

BIANNA GOLODRYGA, CNN HOST: Well, yet another legal headache for Alec Baldwin. The family of the late cinematographer killed on the "Rust" film set is now suing the actor. We'll have the details straight ahead.

[15:35:00]

(COMMERCIAL BREAK)

GOLODRYGA: First on CNN, a former -- Robert O'Brien a former national security adviser, under the Trump administration, has been subpoenaed by special counsel Jack Smith. This is in relation to the investigations into classified documents at Mar-a-Lago along with Trump's efforts to overturn the 2020 election.

BLACKWELL: CNN's Paula Reid broke this story. Paula, tell us what you know.

PAULA REID, CNN SENIOR LEGAL AFFAIRS CORRESPONDENT: Well, Victor, our colleague Zach Cohen and I have learned O'Brien is sought as a potential witness in both of special counsel Jack Smith's ongoing investigations. And it's clear why he could potentially be valuable in both of these probes. Of course, he was a top official in the Trump administration, but considered resigning after the violence on January 6th though he did stay on in the administration.

And also the National Security Council should have been involved in the handling of classified documents at the end of former President Trump's term. So he could also potentially have some information about how those documents ended up down at Mar-a-Lago. But I will caveat the end of the Trump administration was quite chaotic and didn't necessarily do everything by the book.

Now, previously O'Brien has tried to assert privilege in response to some other requests from prosecutors. So, it's unclear exactly how much information they'll be able to get from him. Now, we've also learned former acting Homeland Security Secretary Chad Wolf was also interviewed by Justice Department lawyers.

Now, unlike some other witnesses that we've seen recently have gone before the grand jury, he was interviewed by investigators, that's a pretty standard step -- preliminary step in any investigation. But this is all just a reminder that special counsel Jack Smith, he may not be in the headlines right now, but he is conducting a very active and ongoing investigation.

GOLODRYGA: All right, Paula Reid, thank you.

We turn back to our top story this hour, the FBI has just updated lawmakers with some of what they've learned while examining the remains of that shot down Chinese spy balloon. Officials now say the balloon was, indeed, capable of monitoring U.S. communications and was part of a larger multi-continent Chinese espionage program.

I'm joined now by Republican Congressman Chris Stewart. He represents Utah and serves on the intelligence committee. Congressman, thank you so much for joining us. So, you have been briefed thus far and Republicans and Democrats seem a bit divided as to whether now knowing what they do whether the U.S. acted accordingly given what we know about this spy balloon. Where do you stand? Did the U.S. do the right thing by waiting until it was off the U.S. mainland.

REP. CHRIS STEWART (R-UT): Well, that was better perhaps than shooting it down while it is over our mainland. There was a threat to people on the ground were that to happen. But I think where we made a mistake was not to intercept the balloon before it entered our airspace.

We were monitoring this balloon for days. We know with a fair degree of accuracy where it was going to be and we should have intercepted and destroyed it, again, before it entered our airspace and was able to loiter over our country for, what, three or four days including over some of the most sensitive missile sites and military sites. I think that's the mistake we made.

And by the way, I know that there are some differences between Republicans and Democrats on this issue, but there really are only a few. Most of us, I think, have reached a consensus this is just not something we can ever allow and we should not have allowed it the first time.

GOLODRYGA: Well, back to why it wasn't shot down over the Aleutian Islands over Alaska there, I'm sure you were briefed as we are reporting that the DIA had actually warned that a foreign object was heading to the U.S. mainland but it wasn't marked as urgent and, thus, it wasn't passed along as such. Did you get any explanation as to why that was the case?

STEWART: Well, I think that there were probably -- I don't want to say discrepancies but it was probably a weakness in how we responded to this -- and it's a structural weakness. I mean, this is something new. But we knew China had this capability but we hadn't really seen it before.

We haven't seen a balloon that was on the trajectory this one was on as we've already talked about here that was going to take it over the entire United States. And so because we haven't seen it before I don't think we leaned as far forward into being prepared for this. And you know, that's unfortunate.

But the good news is, again, we understand what went wrong there. We're going to be able to correct that now. I know the Department of Defense and NRO and others who have eyes on this. They are certainly aware of this and they're taking I think aggressive steps to preclude this from happening again and being caught really quite unaware as we were in some aspects.

[15:40:00]

GOLODRYGA: Officials also say that they're confident that the balloon didn't get any sensitive data on U.S. nuclear sites. But they also weren't able to provide any specifics as to what information the balloon did glean. What do you make of that, and do you get a sense that you will get some of that information?

STEWART: I think we will get some. And so, there's actually two questions there. To the first one, I mean they're confident they didn't get sensitive information. We don't know that at all. I mean, as you know, this thing hovered or loitered for quite a while over one of our missile fields. And we just don't know what information they gleaned or what information they were able to transmit.

GOLODRYGA: Did they provide any follow-up as to that claim there was no sensitive information that the balloon got?

STEWART: No, not at all and they just don't know that yet. I mean again, we may never know what information they gleaned from that. But, again, we know there was a reason it was there and they certainly got very sensitive information.

So, you know, I don't think we want to diminish or to -- you know, just be blind to the fact that it was over the sites for a long period of time. It almost certainly had a data capability, data links to satellites. We don't really know what they were looking for.

Now, when we look at the wreckage, we'll learn some stuff. It will be interesting to see, for example, let's take a look at the chips. Let's take a look at some of the technology that was embedded in some of this technology. Where did these chips come from? I mean, things like that will be valuable to us as well.

GOLODRYGA: Democrat Richard Torres on our air earlier today said that he's going to introduce legislation that would require Congress to receive notification of any sort of future foreign surveillance air incursions over the United States. Would you support such legislation?

STEWART: Yes, I think I would. I mean, there would be no downside to that. It's not like it would be a secret that would, you know, in any way endanger national security if that were leaked. And of course, that's part of the concerns we have, is when we make it broadly available to all of Congress sometimes that information is leaked. That's what we all have seen in the past.

This wouldn't be a concern in that area. I got to tell you, although I would support the legislation, I'm not sure that it's very helpful in the sense that, you know, for us to know these balloons are on their way. Our policy still should be we don't allow them to penetrate our airspace.

We don't allow them to fly over our missile sites, over sensitive military installations. We don't allow them to endanger U.S. citizens by the potential for one of these things either self-destructing as we suspect they had that capability or potentially carrying weapons with them as well.

GOLODRYGA: Yes, and we know it's happened before undetected as well over the past few years. Let me ask you about another committee you are currently sitting on. Today was the first hearing of the House Weaponization of Government Committee. You are part of that. I'm just curious, what exactly was accomplished today?

STEWART: Well, the hearing is still ongoing. I actually stepped out to come and talk to you. I think it's a good start. I mean, I think we were able to raise some of our concerns as Republicans about the weaponization of some agencies, the Department of Justice and FBI. And to be very, very clear, I'm not saying the entire FBI is corrupt. I'm not saying we should defund the FBI. But there's clear concerns at senior leadership and some activities we've seen in the past.

And some of our Democratic colleague, you know, were quick to point out -- and I understand why -- they say you shouldn't attack the FBI. You're going to, you know, increase the distrust of them and perhaps even they gave examples of threats to FBI agents. I, of course, don't support that.

But no agency, no federal agency is above criticism. And when you see instances that give us grave concern, it's perfectly fair for us to try to investigate those, to try to share with the American people what we're learning. We don't want to say every FBI agent is bad or politicized because the truth is that they're not. Most of them are just hard-working people trying to do a good job. But there is clear concerns with some of these agencies. We hope to again discover that and share it with the American people.

GOLODRYGA: We hope to have you back so you can share anything you're learning with us whenever you can. Congressman Chris Stewart, thank you.

BLACKWELL: The family of the cinematographer killed on the "Rust" film set says they're suing Alec Baldwin and the production company. We'll tell you what they're saying next.

[15:45:00]

(COMMERCIAL BREAK)

BLACKWELL: More legal trouble for Alec Baldwin. The family of the cinematographer who was killed on the "Rust" movie set in 2021 is now suing the actor and the film's production company.

GOLODRYGA: Last fall a settlement was reached between Baldwin, the production company and Halyna's widow, Matthew Hutchins. CNN's Chloe Melas joins us with more on this. So, tell us more about the new legal action.

CHLOE MELAS, CNN ENTERTAINMENT REPORTER: So, there was a press conference just a few moments ago and attorney Gloria Allred, she led that press conference. She is representing Halyna Hutchins' parents and her sister who currently live in Ukraine. And, you know, she says that this family has experienced emotional distress, trauma and they are seeking, you know, financial compensation for that. Although there's no number that has been set to that but this lawsuit has been filed in California today against Alec Baldwin and Rust Productions and we have a little bit of that press conference for you now. Take a listen.

(BEGIN VIDEO CLIP)

GLORIA ALLRED, ATTORNEY FOR HALYNA HUTCHINS FAMILY: Well, the settlement was for Matthew and his child and we are now representing others in the family, mom, dad and sister, and there has been no settlement for them. As a matter of fact, there has been no outreach to them by Mr. Baldwin to even say he was sorry. So we want accountability and justice for them, it's as simple as that.

(END VIDEO CLIP)

[15:50:00]

MELAS: So, what Gloria Allred is talking about is that there already was a settlement between Halyna's husband Matthew Hutchins and Alec Baldwin where they agreed, you know, a few months ago that they were going to actually go forward and finish the movie "Rust."

That he was going to get some profits from that and that, you know, they released this joint and, you know, since then Alec Baldwin and Hannah Gutierrez-Reed, armorer on set, have been charged with two counts of manslaughter each. This is potentially go to go to trial, and now we have this new civil suit.

And we reached out to Alec Baldwin for comment, we haven't heard back. We don't know what Halyna Hutchins husband, Matthew, think of all this. We do know the family is in Ukraine. They're obviously very upset as to the loss of Halyna. And you know, like Gloria Allred says that, you know, they feel anyone responsible for her loss must be held responsible.

BLACKWELL: But you mentioned during the break, there some hearing coming up in the criminal trial.

MELAS: Yes, so in just a few weeks we're going to have that first hearing for this criminal trial, so it's unclear if Alec will be going to New Mexico or appearing virtually, but it's going to be that moment where, you know, they're going to go before a judge and see is this moving forward and are we going to see this go to trial. Because we know that Alec Baldwin through his attorney has said he's not going to accept a plea deal.

GOLODRYGA: It's up to the judge to decide.

All right, Chloe thank you.

BLACKWELL: Thank you.

After years of staying off the stage the wait is over. Rihanna's Super Bowl half time show is just a couple days away. How she's preparing for that. Next.

[15:55:00]

(COMMERCIAL BREAK)

BLACKWELL: Sunday's Super Bowl will be a battle for bragging rights between two brothers. Jason Kelce is the star defensive lineman for the Eagles. Travis Kelce, star tight end for the Chiefs.

GOLODRYGA: They're the first two siblings to ever compete against each other in the Super Bowl as players. CNN's Coy Wire is in Phoenix with more on this near the site of Sunday's big game. So as a mom I'm terrified for their mother. I know this is really exciting and the first time, and they should be so excited to do this. But as I mom I just feel for her.

COY WIRE, CNN SPORTS ANCHOR: Yes, and her sons are two of the greatest characters in the game today, and they've been attached at the hip. They both went to the University of Cincinnati. They both already have a Super Bowl win under their belt. And they're both likely going to go into the hall of fame someday. They're each to of the best at their positions to ever play. So, you would think, though, with this Sunday, Bianna, to your point, that mom would be in quite the predicament, but here she was this morning talking to our Poppy Harlow.

(BEGIN VIDEO CLIP)

DONNA KELCE, JASON AND TRAVIS KELCE'S MOM: It's going to be easy. You know, I have stand and cream the entire day. They're both on offense. So, every time someone has the ball I'll be clapping, and every time anybody gets a touchdown I'll be thrilled. And I will go to the post game hotel after the ceremony and I'll give my son a huge hug and a kiss because there's nothing that I can say that will, you know, mean anything at that point. He's going to be a broken, you know, person. So you know, he'll be happy for his brother.

(END VIDEO CLIP)

WIRE: I got to meet Ms. Donna yesterday. She was absolutely glowing as you can imagine, Bianna and Victor. She said Travis is more of a mamas boy, Jason eats more. They both got good grades. But then I talked to Travis, he said, yes, but Jason took AP courses so that doesn't really count.

BLACKWELL: The losing son is going to be a broken person.

GOLODRYGA: She has it all mapped out, you got it all planned.

BLACKWELL: Hey, ma. Let me ask you about the half time show, Rihanna performing. What's she saying?

WIRE: Now we are talking. She has not -- she said this is the first performance in several years. I mean, 2016 was her last album release, Obama was still the president. So, she said she was still feeling this daunting feeling when they asked her to do it. But she said, you know what, I've got to do this. Because something powerful happens when you become a mom, you feel like you can take on the world. She has an 8- month-old son at home. And she wanted to show him someday that I wasn't going to back down from a challenge. Here's her talking about part of the challenge of putting on this show.

(BEGIN VIDEO CLIP)

RIHANNA, SINGER: I've been so focused on the Super Bowl I totally forgot that my birthday is coming up. I totally forgot about it. I didn't for days, I was just like Super Bowl, Super Bowl, Super Bowl. So, a lot of preparation, a lot of moving parts. And this week, this is the week that it really is being tested. I mean it's literally like 300 to 400 people breaking the stage down and building it back up and getting it out in eight minutes. It's incredible. It's almost impossible.

(END VIDEO CLIP)

WIRE: Now, Rihanna did say of this great challenge the most challenging part was trying to figure out her 13-minute set list. She is trying to cram 17 years body of work into the best 13 minutes she can. She says there's been like 39 different versions and the world is waiting to see what it's going to be. No one can do it quite like Rihanna.

BLACKWELL: We're going to take this opportunity to play some music from Rihanna. Play whatsoever queued up.

GOLODRYGA: That's a way for him to solve it.

BLACKWELL: Let's just play it.

(BEGIN VIDEO CLIP)

(Playing a Rihanna Song) (END VIDEO CLIP)

GOLODRYGA: I wish you could see him. There's a table covering his footwork down here.

[16:00:00]

BLACKWELL: I think everybody is listening to this on Sirius radio has been grinding in the car. OK, that's what's happening. That's why we played it. We did it for you. We did it for you.

GOLODRYGA: For everyone and for you Coy.

WIRE: You play a little Beyonce you will get Victor wiggling a little bit.

BLACKWELL: Yes, yes. You might see something.

All right, thank you, Coy.

GOLODRYGA: "THE LEAD" with Jake Tapper starts right now.