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Three-Day Storm To Hit Parts Of U.S. With Brutal Cold, Snow, Ice; Soon: Testimony Resumes In Alex Murdaugh Double Murder Trial; Aired 9:30-10a ET

Aired February 22, 2023 - 09:30   ET

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

[09:30:01]

JIM SCIUTTO, CNN ANCHOR: CNN's Adrienne Broaddus, she's in Bloomington, Minnesota. How's it look there? Looks chilly.

ADRIENNE BROADDUS, CNN CORRESPONDENT: It's beautiful. It is cold. But, hey, at least the sun is shining. And that ice that you're talking about could be a bigger problem compared to the snow. But let's focus on what's happening here in my favorite state of Minnesota. They are expected to receive significant snowfall, as you mentioned, perhaps the greatest snowfall in the last 30 years, at least, up to two feet.

Right now, don't be deceived by what's happening. There's a lull in this storm. We've already gone through around one and then there's more snow on the way. And forecasters say, the roads will worsen as well as the weather conditions.

But here, the Department of Transportation is prepared to handle it. There are more than 800 snow plow trucks throughout the state and 1,600 drivers. Since 7:30 this morning, local time, there have been about 100 crashes. So if you have to go out, please, take it slow and play safe. Jim.

SCIUTTO: Yes.

FISHER: Adrienne Broaddus, thank you so much.

So the foreperson of the Atlanta-based grand jury that investigated former president Donald Trump's attempts to overturn the election, is speaking out on the panel's recommendations. Listen to this.

(BEGIN VIDEO CLIP)

KOHRS: It's not a short list. I will say that when this list comes out, you wouldn't -- there are no major plot twist waiting for you, especially if they've been following the investigation. I can't see it being a shocker.

(END VIDEO CLIP)

FISHER: I mean, that was an interview that was hard to stop watching. Portions of the grand jury's final report made it clear that they believed perjury charges were warranted for some witnesses in the case now in the hands of the Fulton County DA, Fani Willis. SCIUTTO: CNN senior legal affairs correspondent, Paula Reid, here with more.

Now, listen, a lot of people were understandably looked surprised that the forewoman was speaking about this publicly. Georgia law does allow her to do this. So I wonder what the law says here about public comments like that.

PAULA REID, CNN SENIOR LEGAL AFFAIRS CORRESPONDENT: Jim, you're absolutely right. She is allowed to do this. So the judge asked her not to discuss specific deliberations and she has declined to comment on the specific charging recommendations.

But doing something, this could potentially impact the case, right? The Trump defense attorneys, one of the arguments that they have made about Fulton County, is that they argue this is politicized. They say the district attorney is elected, she's trying to appease constituents, which is why she is largely expected to mostly indict the former president. Now, they're also going to be able to point to the jury forewoman and be like, hey, she went on national television and said she would be quote, sad, or frustrated if nothing happens here.

Now, one piece of news that I did glean from this, was she talked a little bit about former Chief of Staff Mark Meadows, and this is the first time it's been confirmed that he did go before they even talked. But she said that he invoked executive privilege, invoked his Fifth Amendment right, and it didn't get much out of him.

So take note, Special Counsel Jack Smith, who is also trying to get answers from him. But she also said that she believes that this was not a partisan pursuit. It was her impression that the district attorney was really trying to be fair, but when you go out and do something like this in the court of public opinion, it doesn't exactly instill trust in the process.

FISHER: Yes. And fascinating that she decided to do this and speak so publicly about it, even though she could.

Paula Reid, thank you so much.

So up next, Alex Murdaugh's double murder trial resumes after his lone surviving son, Buster Murdock, testified in his father's defense.

Plus, why the jury may be taking a field trip to the scene of the murders?

(COMMERCIAL BREAK)

[09:35:04]

FISHER: Right now, testimony is about to resume in the double murder trial of Alex Murdaugh after his surviving son took the stand in his defense. You're looking at live pictures from inside the courtroom as the defense prepares to resume its case. And then yesterday, of course, Murdaugh's son, his surviving son, Buster, testified that his dad was a loving father and husband who couldn't possibly have killed his wife and other son. Listen to this.

(BEGIN VIDEO CLIP)

BUSTER MURDAUGH, ALEX MURDAUGH'S SON: His demeanor was -- I mean, he was destroyed. Just heartbroken. I walked in the door and saw him and gave him a hug and just broken down.

UNIDENTIFIED MALE: Did you speak?

MURDAUGH: Not really.

UNIDENTIFIED MALE: He cried?

MURDAUGH: Yes, sir.

(END VIDEO CLIP)

FISHER: Joining us now is CNN legal analyst and criminal defense attorney, Joey Jackson.

Joey, we just heard Buster Murdock saying that his father was devastated, heartbroken. How effective of a witness do you think he was for the defense?

JOEY JACKSON, CNN LEGAL ANALYST: Yes. So, Kristin, good morning to you. I think very effective. Obviously having said that, that's his son. So what would you expect him to say? So it's important to contextualize this, Kristin, for the following reasons. The prosecution is the one with the burden of proof. The defense does not have to put on a case at all. Right?

However, having said that, they are about, the defense, reasonable doubt. What might provide that doubt? Motivation is very significant. Why? Motivation, you don't have to prove if you're the prosecutor. It's not an element of the offense charge, but inquiring minds want to know why. Why would you do this?

And so what the defense is doing here by putting on Buster, one of the significant things they're doing is to counter that motive. This was a father who loved his wife, who loved his son, who loved his family. As a result of that, what would be the motivation by which he would undertake such a heinous act? That's one thing.

What else? There was something very significant, Kristin, and that was the alleged confession. Prosecutors were saying that Alex Murdaugh said, I did him so dirty. The son, Buster, came on to say, no, my dad didn't say that. He said, they did him so dirty. Not only did he say it then, but he repeated it to me.

[09:40:14]

Again, in addition to that final thing is that you want Buster coop [ph] to add some context to his father. There was a notion that his father showered, right, after the murders because he showering to get rid of anything that was on his body. His son noted that, my father showers very regularly.

And finally, with respect to visiting his mom, the prosecution have suggested that that was done as an alibi. No, said Buster, my dad visited his mom quite often and it wasn't any on any set schedule. And so I think, to that extent, Buster really laid it out and provided the element of reasonable doubt, which was what a defense attorney always looks for.

FISHER: Joey, one other big moment in court yesterday that I want to get your take on, Alex's -- Alex Murdaugh's defense attorney getting up, pointing a gun at the prosecution and kind of laughing and saying, tempting. It was a wild moment inside the courtroom. Let's watch it and then I want to get your take on the other side.

(BEGIN VIDEO CLIP)

DICK HARPOOTLIAN, DEFENSE ATTORNEY: So I'm not five-foot-two or five- foot-four. I think you should try five-foot-two or five-foot-four, but position me. Tempting. But...

[LAUGHTER]

I don't know how I can do this, so I'm not pointing at somebody.

(END VIDEO CLIP)

FISHER: So you can hear people in the courtroom kind of laughing. But, you know, Joey, I'm from Texas, I was taught that you don't ever point a gun at anybody ever. What did you make of that moment? Call me old- fashioned, but I couldn't believe it.

JACKSON: So, Kristin, two things, right? The optimist of me really believes and thinks that in sometimes in very stressful events in a courtroom. And there are many there are moments of levity. And so perhaps it's humorous and those moments of levity really creep in.

On the other end of it, certainly you never want to point a gun at anyone. And certainly during a trial in which tensions flare in which people are in opposition, there certainly are moments where you may not like the other side. However, I will not prescribe to that view.

Final thing, Kristin, and that's this, the -- not to -- you know, it's important to make note of what that witness was speaking to. And that witness was the expert for the -- for the defense, and they were asserting that the trajectory of the weapon would be suggestive of Alex Murdaugh having not shot that that gun. Why? Because the trajectory would suggest that he would have had to have it down by his kneecaps. And since he's six-four, it would not have been him, says that the defense who fired that weapon.

So not to get lost in the mix of all that have occurred in terms of, you know, whether you want to call it bad humor, whether you want to call it levity. That was the essence of that expert witness's testimony, which the defense believes is very helpful to the notion of reasonable doubt.

FISHER: All very good point, Joey. Since you and I have been speaking, they have been talking in the courtroom about the possibility of Alex Murdaugh testifying. What do you think is the likelihood of that happening?

JACKSON: So it's important to note a couple of things. The first thing is, is that whenever your client testifies, it doesn't become about what you did as a defense attorney, in terms of establishing reasonable doubt in the prosecution's case, it becomes about whether your client is lying or not. It becomes the believability and credibility game.

And, boy, would he have a lot to answer to, that is Mr. Murdaugh, in the event that he took the stand, with respect to his inconsistencies in talking to the police about where he was, with respect to the cell phone data that contradicts where he was, with regard to the car data. So he would have a lot to say.

Second point, Kristin, and that's this. I'd argue that he did testify. There have been a lot of tapes played with respect to interviews done of him. So in that regard, he has gotten before that jury, but it's always a risky proposition. It's not to suggest the defense won't take that step. But, boy, I would think two, three, four, and five times before I left it in Alex Murdaugh's hands, if he's cross examined and crumbles, there goes your case, there goes the verdict, and that would be guilty. So I think they will think twice and pause before they take such a step.

FISHER: Yes. Well, we should know pretty soon whether or not they do indeed decide to take that step or not. Joey Jackson, thanks so much.

SCIUTTO: Coming up next, I'll speak live with Canadian Foreign Minister Melanie Joly. She just returned from a trip to Ukraine. This is President Biden and the NATO allies are trying to give Ukrainian President Zelenskyy what he needs to win the war against Russia.

(COMMERCIAL BREAK)

[09:45:46]

SCIUTTO: Election update. Virginia State Senator, Jennifer McClellan, has won the special election for Virginia's Fourth Congressional District. She will become the first black woman to represent the Commonwealth in Congress.

CNN has projected that win Tuesday. See the margin there. McClellan will defeat Republican Leon Benjamin, a pastor and navy veteran to succeed the late Democratic Representative Donald McEachin. He died of cancer in November. Her election to the U.S. House of Representatives, a milestone for Virginia. A state that was once home to the Capitol, that Confederate history and a former slave trading center.

(BEGIN VIDEO CLIP)

JENNIFER MCCLELLAN VIRGINIA STATE SENATOR: There are moments when I realized that I'm fighting the same fights as my parents, my grandparents, and my great grandparents. But you know what keeps me going? I fight those fights, so that they don't have to, so that my children and your children don't have to.

(END VIDEO CLIP)

FISHER: McClellan's victory will add to what is already a record number of women of color in Congress and also set a new record for the number of black women, according to data from the Center for American Women and Politics at Rutgers University. So certainly a big day for the state of Virginia. McClellan -- Jennifer McClellan making history in that special election seat.

[09:50:08]

SCIUTTO: And we are seeing moments like that more and more, and each one of them deserves a marking in time. Jennifer McClellan there, the new representative from Virginia.

Well, President Biden is now wrapping up his trip to Warsaw, Poland. He's been meeting there with leaders of NATO allies that are, in effect, on the front line of the growing conflict with Russia, the eastern flank of the Alliance there. He made the surprise trip, of course, to Ukraine on Monday, just days ahead of the one year mark of Russia's invasion.

That war continues with many thousands of dead on that eastern front in recent weeks. The death toll rising for Russian forces, also for Ukrainian forces, as they intensify.

Of course, the question now, as always, is how quickly new western weapons will get to the Ukrainian side?

Joining me now to discuss is Canadian Foreign Minister Melanie Joly. She just returned from a trip to Ukraine. Foreign Minister, thanks so much for taking the time this morning.

MELANIE JOLY, CANADINA FOREIGN MINISTER: It's a pleasure, Jim.

SCIUTTO: I wonder -- we were showing pictures just a few moments ago of your visit there, among other things, meeting with the mayor of Kyiv. There's a lot of talk now of a Russian offensive in the East, though U.S. officials are skeptical they have the weapons and manpower to do it, but also of a Ukrainian counter offensive.

And I wonder after your visit there, are you confident that Ukraine has the forces necessary to push back and take back some of this Russian held territory?

JOLY: Well, first and foremost, let's be clear, Russians have already started their counter offensive and, right, the Ukrainians have been clear in their assessment about this. That's the first point.

Second point, Ukrainians' morale is very strong, which is extremely important as they're bearing the impacts of this war on their country. And at the same time, of course, more and more. The heavy weaponry that we the West have been sending, is getting to Ukraine.

So, of course, we have to increase the speed, Jim. We need to make sure that we continue to arm Ukraine. And that's why on our part in Canada, our Leopard tanks are already in Poland. And we're already training Ukrainian officials -- officers on this.

SCIUTTO: You've noted that Canada was the first to get those Leopard --

JOLY: Indeed.

SCIUTTO: -- tanks to Ukraine. I do want to talk about a development that U.S. officials have been warning about, and that is that China will take a step that has not taken so far since the start of this war, and that is to provide lethal assistance to Russia in its war against Ukraine.

If China were to take that step, what do you believe? What do you -- what does Canada believe NATO's response should be?

JOLY: Well, Jim, I'm not here to do any form of hypothetical scenarios. We take note of what Tony Blinken mentioned over the weekend regarding China's position. We call on China to be clear when it comes to respecting the territorial integrity and the sovereignty of Ukraine. That is why I'm at the U.N. today and tomorrow to talk about this very issue. There will be a very important general assembly and a vote regarding this issue.

And we need to make sure that as many countries support the stance that we've been taking, regarding the fact that we need to make sure that we send a strong message to the world when it comes to the very principles of integrity and -- territorial integrity and sovereignty, first, because it is actually something that we all member states have in common. But also, we need to make sure that we send a strong message to different countries, including China on this very issue.

SCIUTTO: Speaking of territorial integrity, of course, Canada and the U.S. have been on the frontlines of another violation of territorial sovereignty in recent weeks, and that is the sending of a surveillance balloon over U.S. and Canadian territory.

First question about the most recent objects detected. President Biden has said that those three most recent ones were later determined not to be a threat. Have the U.S. and Canada prove their ability to distinguish between, right, the ones that are actual Chinese spy surveillance balloons and ones that are not? Are you better prepared than to respond to them?

JOLY: Well, I think it is important that we be prepared. But first and foremost, for us, the security of Canadians is extremely important, and obviously protecting our own sovereignty and our own territorial integrity.

And in that sense, that is why the Prime Minister, Prime Minister Trudeau, decided to shoot down, at first, balloon over Canada and that's also why I summoned the Chinese ambassador in Ottawa to make sure to send a clear message.

When it comes to different types of objects within our airspace, I think we're also, you know, analyzing what is going on right now and the different objects that were shoot down -- but at the shutdown.

[09:55:11]

But at the same time, I think that as technologies are evolving, we need to take stock of that, that -- these changes, and we need to make sure that we address them. And so that's why we were doing that through NORAD and looking forward to working with our American colleagues on this issue.

SCIUTTO: I wonder if you believe now that the message to China is clear that there's a story today in the Canadian newspapers that the Canadian military found Chinese monitoring buoys in the Arctic, believed to be kind of an early warning system for the operations of Canadian and U.S. submarines in the Arctic. China has many of these surveillance balloons in its arsenal as it were. What happens if China sends another one over U.S. and Canadian territory?

JOLY: Well, we'll work with through NORAD. We'll make sure that we also take a strong stance as we just did two weeks ago.

Our approach when it comes to China is clear. What we did last November is I launched our Indo-Pacific strategy. And in there, we said that when it comes to China, we think it is a more and more global disruptive power. We think that also when it comes to China, we will challenge China what -- when we ought to, and we will cooperate with China when we need to.

So obviously, when it comes to issues over our Arctic, within our maritime borders, or any form of foreign interference, we will be clear, and that's how we will address this issue in the future as well.

SCIUTTO: Does clear mean another surveillance balloon comes and you shoot it down?

JOLY: We will take -- we will take decisions based on facts, Jim. But we will always make sure that we protect the security of our people. That's obvious. But also that we take strong stances, including in the Arctic regarding our own sovereignty.

SCIUTTO: Foreign -- Minister of Foreign Affairs, Melanie Joly, thanks so much for joining the broadcast this morning.

JOLY: It's a pleasure. Thank you, Jim.

SCIUTTO: We'll be right back live in Warsaw, Poland, coming up.

(COMMERCIAL BREAK)

[10:00:00]