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Trump Team Faces Deadline Tomorrow On Evidence Rules; Number Of New Migrant Arrivals In NYC Nears 100,000; Missing Boater Found Alive 12 Miles Off Coast; Trump Lashes Out At Special Counsel, Barr After Third Indictment; Pence: I'll Comply If Called To Testify In Trump 2020 Election Trial; Musk Vows To Pay Legal Fees For People Fired Over Tweets; US Loses To Sweden In Penalty Shoutout. Aired 7-8p ET

Aired August 06, 2023 - 19:00   ET

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

[19:01:06]

JIM ACOSTA, CNN HOST: You are live in the CNN NEWSROOM. I'm Jim Acosta in Washington. Good evening.

We are inching closer to a deadline in the government's case against former President Donald Trump over his efforts to overturn the 2020 election. Trump's lawyers now have about 22 hours to respond to a legal filing from Special Counsel Jack Smith. He requested a protective order after Trump posted this on social media on Friday. "If you go after me, I'm coming after you."

Smith wants the judge to limit Trump and his legal team from publicly discussing sensitive evidence in the election interference case. Today on CNN we heard from one Trump lawyer who says he will fight that protective order. The defense attorney also says Trump did not tell Vice President Mike Pence at the time to throw out key electoral votes. He says the key distinction is that Trump merely asked.

(BEGIN VIDEO CLIP)

JOHN LAURO, TRUMP ATTORNEY: You're saying that asking is action. No, asking is aspirational. Asking is not action. It's core free speech. What President Trump did not do is direct Vice President Pence to do anything. He asked him. In an aspirational way. Asking is covered by the First Amendment.

(END VIDEO CLIP)

ACOSTA: And joining me now to discuss this, I'm asking in an aspirational way, that former federal prosecutor Renato Mariotti talk to me about this.

Renato, what do you make about this? It's an aspirational thing I guess for a defense attorney to put out that kind of argument.

RENATO MARIOTTI, FORMER FEDERAL PROSECUTOR: Well, yes, it's definitely quite aspirational. You can imagine, for example, a fraudster asking a victim or attempted victim whether or not they'd like to invest in a fraudulent investment. The mere fact that it's a question does not transform that into First Amendment protected speech. So it's very well settled by the courts that lots of crimes involve talking to people. The mere fact that you're doing that doesn't mean that you're entitled to First Amendment protection.

ACOSTA: Yes, and the former attorney general Bill Barr undermined that First Amendment case defense. And he told CNN Trump knew he lost the election. We've heard that from other sources. I heard that from sources at the time covering the end of that administration.

As we continue to hear from more former allies and potential witnesses in this trial, we're seeing Trump intensify his attacks. Special Counsel Jack Smith warned that he wants a protective order to limit what Trump and his defense team can talk about in all of this. It was in light of this threat that Trump essentially made on social media late Friday evening.

I was wondering what you thought of that.

MARIOTTI: You know, usually it's a safe bet, Jim, that a defendant spouting off (INAUDIBLE) and a leash. You know, a long leash. I will say that, you know, obviously Donald Trump is going to get some leeway. But this is not the right judge for him to try to do this in front of. I do think she's going to, you know, eventually bring resources to bear there and potentially issue orders to try to curtail his ability to continue influencing a potential jury pool.

And Jack Smith I think is, you know, rightfully as the prosecutor going right out in front and trying to, you know, start that narrative with her, you know, basically try to use up one of his strikes -- one of Trump's strikes very early by filing motions getting that in front of her.

ACOSTA: And the other thing that is percolating in all of this is that Trump has been going after Mike Pence on social media. He did that in a Truth Social post over the last 24 hours. Last night during a Republican dinner in South Carolina Trump went after Bill Barr. He also went after Jack Smith. Let's listen to this and talk about it on the other side.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: I will direct a completely, very, very powerful overhaul of the DOJ. We're not going to have cowards. We're not going to have cowards like Bill Barr.

[19:05:04]

Virtually every poll we're kicking Biden's ass. If I wasn't we wouldn't be under investigation by deranged Jack Smith. He's a deranged human being.

(END VIDEO CLIP)

ACOSTA: Now, Renato, the judge made it very clear on Thursday that Trump is not supposed to go after witnesses. And you know, I'm just curious, if Mike Pence and Bill Barr potentially might be witnesses in this case, I mean, based on what Jack Smith said in his indictment, what Mike Pence said about what Donald Trump said to him, that you're too honest, I mean, that sounds to me like key testimony that Jack Smith might want to have played out in front of the jury.

Is Trump violating the terms of this arraignment, and could that potentially land him in the slammer? What do you think?

MARIOTTI: Well, look, yes, potentially he is. His argument of course is going to be that he's a politician running for president. Mike Pence is running against him. Bill Barr is a political figure, part of the last administration. But, you know, he is digging himself into a hole. In other words, someone who's more careful with his words could easily criticize those people and dance around that. But I think Trump is not -- he's taking a sledgehammer, not a scalpel to this issue. So he's going to create a lot of heartburn for his attorneys in the months ahead.

I really think, Jim, that the judge is not going to do anything like, you know, lock him up pretrial for a number of reasons. One is that I think that would actually be helpful to him potentially. It would create sympathy for him, and would create a bunch of potentially appellate arguments, you know --

ACOSTA: And so he's going to be able to do whatever he wants to do, Renato? He's going to be able to do whatever he wants to do then?

MARIOTTI: I think it's -- no. I think there's consequences to making the judge upset. And, you know, for example, Donald Trump really wants leeway to make all sorts of constitutional arguments and First Amendment arguments, so forth. If he wants to have room to make those arguments and take time and get her to consider those things, he would be wise not to make her angry because she might give him the speedy trial that Jack Smith wants if he continues and keeps this up.

ACOSTA: Yes. I was once told never upset, never poke a federal judge in the eye. That was once said to me at one point. I think those are wise words.

Renato Mariotti, thank you very much. We appreciate it.

Last hour I spoke with one of the Republicans challenging Trump for the presidential nomination, former Arkansas Governor Asa Hutchinson is among the few rivals who is openly criticizing Trump and he's critical of the Republican National Committee requiring all candidates who take part in the debate to pledge support for the eventual nominee.

Here's some of that conversation with the former governor.

(BEGIN VIDEO CLIP)

ASA HUTCHINSON (R), PRESIDENTIAL CANDIDATE: I don't want to sign a pledge that says I'm going to support somebody who's been convicted of serious crimes. But, you know, they're not trying to get in the middle of that. And of course there's a constitutional limitation on doesn't disqualify him. I believe that he is morally disqualified and he ought to withdraw. But the RNC does not share that view. And so we could be in a real predicament.

And that's why Donald Trump wants to postpone all these trials until after the election. And it's going to be up to the judges to say not just the defendant has a right to a speedy trial but the government does as well and the public does. That speedy trial requirement is for the public at large that we have speedy access to our justice system. And so it's up to the judges. I hope it's resolved before the election is over with.

I talked to hundreds of Iowa voters tonight, incredible event, and I asked them, one, do you want Donald Trump on the debate stage? Most of them say yes. Because they want to see them all together and how they respond to each other. And they know they'll be asked questions about the case itself. They want to know how he responds to that. And then secondly, there's a lot of Trump support, absolutely, and there's a sense whether they're for Trump or somebody else that the system has not treated him fairly.

But they also recognize they need to move away. That's a very gradual process. And so this is going to be, you know, a pot coming to boil over time and it's going to take the debate, it's going to take a lot of examination by Iowa voters really to sort through who they're going to support. What was encouraging to me tonight is the number of Iowans that had stickers on, "I'm an undecided Iowa voter." There's a whole bunch of those stickers that are out there.

(END VIDEO CLIP)

ACOSTA: Hutchinson also says he's about halfway to qualifying for the first Republican debate later this month. He also satisfied the polling requirement and now needs to reach that benchmark of $40,000.

[19:10:06]

We'll keep an eye on that as it develops. In the meantime, a new problem in New York's migrant crisis. Some asylum seekers have been seen sleeping on the streets. What's being done to help them, next.

Plus how the Coast Guard rescued a man 12 miles off the coast of Florida. Later on in the program, why Elon Musk is offering to pay legal bills for some Twitter users.

You're live in the CNN NEWSROOM.

(COMMERCIAL BREAK)

ACOSTA: An update now on this massive fire that is unfolding right now in Albuquerque, New Mexico. You're looking at some images captured just a few moments ago. This black smoke just billowing into the air above this recycling center. A massive amount of smoke in the area. Fire officials are on the scene. They say the building and the vehicles on the ground there are still burning. That the fire is not under control as of this point.

[19:15:03] We'll keep you updated. But as you can see, some pretty dramatic images coming out of Albuquerque as this recycling center is just going up in flames with thick black smoke billowing over the area. Emergency officials on the scene. We'll keep you posted as that situation develops.

In the meantime, a dire situation is unfolding in New York City. Migrants seen sleeping on the streets in this extreme summer heat. The mayor's office says nearly 100,000 asylum seekers have come through intake centers since the crisis began in the spring. City officials are once again calling for state and federal help.

CNN's Polo Sandoval joins us live from New York City with more details.

Polo, what's it look like where you are? I mean, is this a common occurrence for people who are walking around New York, tourists, residents? Are they seeing migrants now sleeping outside because they've just run out of space there?

POLO SANDOVAL, CNN CORRESPONDENT: Yes, Jim, I just took another look. And this is a scene that's repeated itself, at least not recently. But when you hear the recent remarks from New York Mayor Eric Adams, he is not ruling out the possibility that those scenes of migrants, mainly adult men, sleeping on sidewalks could repeat themselves. That is as he points out that the system, the New York City shelter system, continues to buckle under pressure as the number of asylum seekers continues to rise.

The city's still caring for roughly 56,000, close to 100,000, that have actually turned to the city for help since last spring. So this is why not just to Eric Adams but also fellow administration officials have been continuing to call on not just the state but also the federal government for that assistance, for an actual plan to help shoulder that burden of caring for these asylum seekers.

Now in terms of what we've seen also in the last several weeks, we have seen at least 200 facilities used by New York City to actually provide shelter to these asylum seekers. And we should also note that this weekend actually marks one year since the first bus chartered by Texas Governor Greg Abbott arrived in New York City.

We should also add that we've seen about 10,500 asylum seekers arrive by those means. It is just a fraction of the close to 100,000 asylum seekers, most of them coming here on their own -- Jim.

ACOSTA: All right. Polo Sandoval, very important story. Thanks so much for staying on top of it. We appreciate it.

In the meantime a missing Florida boater is safely back on shore today after being rescued by the Coast Guard about 12 miles off the coast of St. Augustine. 25-year-old Charles Gregory was reported missing after failing to return for nearly two days. Gregory was seen last on Friday night leaving a boat ramp in a small lightweight and flat-bottomed vessel before being found alive on Saturday.

CNN's Camila Bernal is following this for us.

My goodness. What a story. How did he survive this?

CAMILA BERNAL, CNN NATIONAL CORRESPONDENT: It's incredible, Jim. And Charles Gregory, 25-year-old, is recovering at home but he held on to that boat. He never gave up. That's how he survived.

I talked to his dad, Raymond Gregory, who told me that his son was scared to death, that he's had more conversations with God in those 30 or so hours than he's had his whole entire life. He said his son went out at 4:00 in the morning. He goes fishing. And something he usually does and has been doing for years. And he says the tide, though, was going faster than he thought it was and then a wave hit the boat and the boat capsized, and essentially that's when it all went downhill for him.

He said he lost his cell phone, his throw cushion, his life jacket, and he had to remove the motor from the boat. So he was hanging on to whatever was left of that boat for hours and hours. He got sunburnt and there were sharks and fish and jellyfish that stung him according to his father. He says, though, but the worst part of it all was at night because he says after that sunburn he was just feeling like he was going to die.

It was freezing cold and he still had to hold on to that boat. The father saying he is OK. It's going to take a while because he was dehydrated and is trying to essentially go back to normal life. So it will take a while. But he is OK, Jim.

ACOSTA: All right. Just incredible images. I can't believe he survived that.

Camila Bernal, thank you very much. Very lucky to be alive. Camila, thanks.

Former President Donald Trump is launching new attacks on the special counsel handling his case and even his former Cabinet members. Is this witness intimidation? Find out what our political panel thinks, next.

You're live in the CNN NEWSROOM.

(COMMERCIAL BREAK)

[19:24:00]

ACOSTA: Fresh off of his third appearance in court as a criminal defendant, former President Donald Trump is lashing out at his political foes and anyone who attempts to hold him accountable.

(BEGIN VIDEO CLIP)

TRUMP: I will direct a completely very, very powerful overhaul of the DOJ. We're not going to have cowards. We're not going to have cowards like Bill Barr.

Virtually every poll we're kicking Biden's ass. If I wasn't, we wouldn't be under investigation by deranged Jack Smith. He's a deranged human being.

(END VIDEO CLIP)

ACOSTA: Joining us now to discuss, CNN political commentator and Democratic strategist Paul Begala and former Republican congressman Joe Walsh. He's also the host of the podcast "White Flag."

Joe, let's start with you. You just heard Trump, I mean, threatening payback. He's been doing this since, I mean, 24 hours after the arraignment when he said if you come after me, I'm coming after you. And then he goes after Smith. He's going after Bill Barr, who could be a potential witness. Is this in essence witness intimidation, trying to intimidate the people who are involved in the case, the special counsel, the judge and so on?

[19:25:03]

JOE WALSH (R), FORMER ILLINOIS CONGRESSMAN: I don't know. I'm not a lawyer. Legally, Jim, I don't know. All I know is this is manna for his base. This entire indictment has fueled his -- I think he's a lock for the nomination. But his base politically loves it when he does this.

ACOSTA: But why aren't more Republicans speaking out? The rivals, they seem to be tiptoeing around going after Trump. And you know this because you ran for Congress. If you ran against somebody for your party's nomination and that person was indicted you would pounce. And it just isn't happening.

WALSH: Well, you asked Asa Hutchinson that question and he didn't answer you. The truth is because if you go after Trump you can't win. Asa Hutchinson is a good man. Will Hurd is a good man. Chris Christie. Those three who are attacking Trump have zero shot at the nomination. The only lane in this party is to try to hug Trump and hope that he can't run.

ACOSTA: And Paul, I mean, Trump also has a few choice words for his former vice president. He posted on his Truth Social account about Mike Pence saying he was about to be ousted as governor of Indiana until Trump picked him to be his running mate. He called Pence delusional and a bunch of other stuff. You can see it on your screen there. I won't read it all.

But, I mean, Pence potentially could be one of the star witnesses in this trial.

PAUL BEGALA, CNN POLITICAL COMMENTATOR: Right.

ACOSTA: Again, isn't this witness intimidation? Doesn't the judge have to warn Trump and say knock it off? He's not going to knock it off.

BEGALA: The lawyer in me wants to protect the First Amendment. OK. It's the most important thing. And I hope this judge has a very, very wide strike zone. Donald Trump is running for president. Mike Pence is running against him. He should have a perfect right to criticize Pence. And this to me doesn't cross the line the way the veiled threat does, "I'm coming after you." That's different from just saying Pence was a failed politician and I gave him -- you know, I'm OK with that. But there's an old saying, Zell Miller, one of my mentors in this business, the late former Georgia governor used to say a hit dog will holler.

And so when Trump is yelling at somebody it's because he's afraid of them. He's never criticized Pence before because Pence is like 2 percent. So why is he all of a sudden afraid of Mike Pence? I think because as we now know Trump said he's just too honest. Pence is going to get in that trial, he's going to put his hand on a bible. For Mike Pence it won't be the first time. I think the only two times Trump ever touched a bible was when he was sworn in. But Pence is going to tell the truth. And I think that's what has Trump so scared, and that's why he's attacking him on his social network.

WALSH: And, Jim, that's a really important point. That tweet of his, if you come after me, I'm coming after you, that's a direct call to violence. And that's Trump saying the next 15 months, signaling to his supporters to get violent. And they will.

BEGALA: Keep in mind, after the search of Mar-a-Lago a deranged man on the fringes of the far right, perhaps inspired by Mr. Trump or other figures, attacked the FBI office in Cincinnati.

WALSH: Yes.

BEGALA: And wound up losing his life because he was trying to murder FBI agents. He was so upset about the raid on Mar-a-Lago. So it's only -- but I did the math. If only .001 percent of Trump supporters, 1/1000 of a percent, it's still 74,000 people. That's a sellout at an NFL game. So he needs to be really careful about inspiring violence. And I fear that he's desirous of it, not careful about it. Right?

WALSH: Completely. As he was, again, on January 6th. We've talked. He wanted that violence.

ACOSTA: The will be wild.

WALSH: He's desirous. Paul is right. He wants this.

ACOSTA: Yes. And speaking of Pence, here's how he responded on CNN's "STATE OF THE UNION" earlier today when he was asked about if he would testify in the trial. Let's listen.

(BEGIN VIDEO CLIP)

MIKE PENCE (R), PRESIDENTIAL CANDIDATE: I have no plans to testify but, look, we'll always comply with the law. But, look, I want to tell you, I don't know what the path of this indictment will be. The president is entitled to a presumption of innocence. He's entitled to make his defense in court. There actually are profound issues around this pertaining to the First Amendment and freedom of speech, and the rest. I'm confident he and his lawyers will litigate all of those things.

(END VIDEO CLIP) ACOSTA: Yes. Paul, I mean, I just don't see -- there's such a hesitancy there. And Mike Pence has slowly started to be more critical of the former president, his former boss. But there's such a hesitancy. And I guess as I was saying to Joe earlier, I don't understand why these Republican rivals aren't going after Trump. He's got three indictments. I mean, shouldn't that be --

BEGALA: I think Joe's right that -- it's your party. You know and you talk to them on the radio every day of your podcast.

ACOSTA: You've been involved in campaigns.

BEGALA: I think a lot of the Trump base thinks that these are unjust prosecutions. Thereby attacking him for those sounds like you're siding with the other side. Right? But there's another way. And here's free political consulting. It used to cost people a lot of money. Get off of Trump and get on to the voters. I would say, look, Trump is who he is. But I can tell you one thing he's focused on. Staying out of jail. You know what I'm focused on? Keeping you on the job.

I'm focused on your life. He's focused on his. So rather than litigate the charges against him, which is going to make a lot of Republicans feel like you're unfair, why not fight for the voters and say, look, the problem with this -- the problem with Trump is he's like the Pavarotti warming up for the opera. It's just me, me, me, me, me, me, me, me, and I'm going to be about you, you, you, you. Your job, your healthcare, your kids, your future. I think there's a message there.

[19:30:22]

Christie got close to at the CNN town hall meeting. I mean, he was the closest I've seen to that. But I think there is a real opportunity for somebody to talk about the voters instead of Mr. Trump.

WALSH: Because Jim, there's no anti-Trump lane in this party. If you're going to do it, you have to do what Paul just suggested, but I think it's too late. I think this guy's hold over the voters of this party is already set.

ACOSTA: Yes, and I was talking to Des Moines bureau chief for an Iowa paper in Cedar Rapids and he was essentially describing it as a situation where Trump is almost like the incumbent running in this field right now, even though he's obviously not.

Let me ask both of you about this. Trump's attorney is saying he can't get a free trial. Trump can't get a free trial in Washington, DC. Let's listen to this.

(BEGIN VIDEO CLIP)

JOHN LAURO, DONALD TRUMP ATTORNEY: We would like a diverse venue, a diverse jury.

MAJOR GARRETT, CBS NEWS, "FACE THE NATION": Do you have any expectation that will be granted? LAURO: That reflects the characteristics of the American people. It's

up to the judge, I think West Virginia would be an excellent venue to try this case.

GARRETT: Speaking of the judge --

LAURO: As opposed to DC, in a much more diverse --

(END VIDEO CLIP)

ACOSTA: Yes, first, Trump is making this case about the First Amendment and free speech. Now his legal team is talking about diversity. That sounds -- what's the word I'm looking for, "woke"?

BEGALA: That's a good point.

You know, DC is famous for being reluctant to convict. It's actually a pretty good venue to be a defense attorney. I talked to a federal prosecutor whose practiced in front of this judge, who told me this judge is very tough on prosecutors, very much by the book, and you can get a fair trial in DC or in West Virginia where -- but he is not going to win this change of venue.

He is going to have -- the problem is, he allegedly committed the crimes.

WALSH: Right.

BEGALA: Walking distance to the courthouse. You can walk right from that courthouse, the Capitol building to the White House to the Justice Department, all the places named in that indictment. There is no way it's going to move out of there.

So, again, maybe this is a political thing, attack DC, and maybe it'll help you with Republican voters. But it is not going to help them with this judge to tell her she's not fair when she's got a reputation for being very scrupulous, and protecting defendant's rights.

ACOSTA: Nor the jury pool for that matter.

And, Joe, I guess -- and you and I have talked about this countless times. I mean, aren't all of these really just delay tactics by Donald Trump, kick up some dirt out on the campaign trail, put out some Truth Social media posts. Look what happened?

The special counsel filed a motion for a protective order and so on, and now they'll have to adjudicate this to some extent, and it just kicks the can down the road a little longer.

I talked to a Trump adviser recently who said, you know, the goal is to get this past -- all of these cases past the election, and then we'll see if we win.

WALSH: Which he may be able to do. That's his goal. The other goal, Jim, is everyday paint himself is the biggest victim in the history of the universe, because that's his secret sauce with Republican voters so go after the judge who is not fair; the jurisdiction is not fair. Everything is not fair.

ACOSTA: But a victim of what? I've never --

BEGALA: He is a billionaire martyr. Give me a break. I mean, the guy poops in a gold toilet. You know, this is not exactly very plausible.

ACOSTA: It is Sunday evening in America.

BEGALA: Sorry.

ACOSTA: My goodness. Paul and Joe --

BEGALA: Sorry, mom. We went to mass this morning.

ACOSTA: The Pavarotti will get you off the hook and you did better. Thanks, gentlemen, very much. We appreciate it.

All right, Elon Musk says he will pay the legal fees for those who have gotten in trouble over Twitter. Why those fees aren't the only thing he's going after. You're live in the CNN NEWSROOM.

(COMMERCIAL BREAK)

[19:37:59]

ACOSTA: In a tweet, Elon Musk is now vowing that X, formerly known as Twitter will cover the legal costs of anyone who gets in trouble with their boss for their activity on a social media platform. No limit, just let them know.

And in a follow up tweet, Musk added, "We won't just sue, it will be extremely loud and we will go after the boards of directors of the companies, too."

CNN's Jon Sarlin covers tech and money. He is the host of CNN's "Nightcap." Jon, great to see you.

Musk making a pretty substantial monetary promise there despite the fact that he's been losing a lot of money with X or Twitter or whatever it's called on top of that. So I guess he's got more money to dole out. What is going on here?

JON SARLIN, CNN PRODUCER: Right a bold offer from Elon Musk. Today Musk tweeting, if you are "unfairly" treated by your employer due to posting or liking something on this platform, we will find your legal bill, no limit. The key word there, no limit.

Now is this a legally binding contract? I talked to one lawyer who said, yes, it is. Mark Zaid is a national security lawyer who represents whistleblowers. He tweeted that if you accept Musk's offer, he will represent you pro bono if Musk does not pay up.

Now, I asked Mark Zaid what accepting Musk's offer would entail? He says it's as simple as responding to Musk's tweet although he did suggest sending a certified letter to Musk and to Twitter. Now another question is, will Musk's offer apply to say former Twitter

employees who found themselves fired after publicly going back and forth with Elon Musk on Twitter? Now you might remember that after Musk took over the platform, some of the employees at the time got into these public back and forth with Musk. One of them, Eric Frohnhoefer was a Twitter engineer who retweeted Elon Musk's offer with a thinking emoji although he didn't tell me he is not taking the Musk offer seriously.

[19:40:02]

ACOSTA: Yes, I mean, and here's the other thing, too. Let's say you get fired because of something you tweeted and you want to sue your employer because of that. Elon Musk might pay your legal fees, but if you go through mediation or go to a judge or the judge says, oh, no, you deserve to be fired because you tweeted something in violation of your company's policy. I guess, he covers your legal fees, but you're still out of a job, you're still in trouble. So I mean, I guess I don't understand that.

And Musk is also suing this disinformation research group known as the Center for Countering Digital Hate accusing it of conducting a scare campaign to drive away advertisers. I mean, he is trying to be this defender of the First Amendment and free speech on one hand, but he's going after these guys.

SARLIN: That's right. Elon Musk is keeping lawyers busy. This week, he has filed a suit in San Francisco federal court against the Center for Countering Digital Hate. It's a nonprofit group that he has criticized for the company's monitoring its hate speech on the platform.

The company in the suit alleges that the nonprofit "violated" Twitter's Terms of Service. They accused it of breaking federal hacking laws and scraping data and using an unnamed individual to access third-party data.

Now in response to this, Imran Ahmed, the founder of the nonprofit told CNN that reads like a "conspiracy theory" and in the statement posted on their website, he said that Elon Musk's latest legal move is straight out of the authoritarian playbook.

The Center for Countering Digital Hate research shows that hate and disinformation is spreading like wildfire on the platform under Musk's ownership, and this lawsuit is a direct attempt to silence those efforts.

ACOSTA: Yes, and let me ask you about this. Musk is claiming that this possible showdown between himself and Mark Zuckerberg that they've been talking about, I guess, they've talked about it being a cage match or something. I still don't think this is ever going to happen.

But anyway, he says it's going to be streamed on X or Twitter or whatever it's called now, by the way, if it's called X why are we still saying tweeting? Why does the website still say twitter.com? Anyway, what can you tell us about this back and forth between these two guys? SARLIN: Well, what once seemed like an absurd spectacle still seems

like an absurd spectacle, but one that might be one step closer to a reality.

Now after Mark Zuckerberg and Meta launched Threads a couple of months ago, Elon Musk and Mark Zuckerberg got into this back and forth about a cage fight. You know, bear in mind these are two billionaire CEOs, two of the most powerful people in the world, and yet they want to solve their differences in a cage fight.

Well now Elon Musk tweeting today that the fight will be "live streamed on X" and all proceeds will be going to charity for veterans.

Now Zuckerberg on Threads, where else, countered poking fun at Twitter's reliability issues as of late saying that the fight should be on a "more reliable platform." He says, he is ready to fight any day so the question is Jim, who are you taking?

ACOSTA: I think, the other question is Jon, is who is going to be watching? Why would I want to watch those two guys beat each other up? I just -- I guess, I'll watch a little.

All right, Jon Sarlin --

SARLIN: One of the worst weird moments in modern reality. Yes.

ACOSTA: I mean, Zuckerberg did do that surfing thing with the thing that came out of the water, maybe that gives him an edge. I don't know. I'm just guessing off the top of my head.

All right, Jon, we'll be watching Thanks so much, Jon Sarlin.

We'll be right back.

(COMMERCIAL BREAK)

[19:48:06]

ACOSTA: The quest for another Women's World Cup soccer championship is over for the US after a heartbreaking loss this morning to longtime nemesis, Sweden.

The US woman dominated for much of the game and yet neither team managed to score, forcing a dramatic penalty shootout. Sweden won that shoot out five to four, and now they'll face Japan in the world's World Cup quarterfinals on Friday.

This is the earliest exit ever at a World Cup for the US women.

The match also marks the final World Cup performance for Megan Rapinoe, who has announced this is her final tournament before retiring. Her final kick for Team USA was that crucial penalty miss against Sweden, while it is hardly the ending she had hoped for.

CNN's Carolyn Manno reports that Rapinoe's legacy extends far beyond the field. (BEGIN VIDEO CLIP)

ALEX MORGAN, US WOMEN'S NATIONAL SOCCER TEAM: She someone who has, I think made this team so much better than when she entered into it.

CAROLYN MANNO, CNN SPORTS CORRESPONDENT (voice over): A legendary career on the world's biggest stage has come to a bittersweet end for Megan Rapinoe. After 202 appearances, 63 goals, two Women's World Cup titles, and an Olympic gold medal, the 38-year-old has played her last game for the US Women's National Team.

UNIDENTIFIED FEMALE: I've watched her since I was seven years old and seen what she's done for the sport. I have the most respect for her and she's going to leave a legacy and we're going to continue to grow as feminine soccer players and I think it's great.

MANNO (voice over): Rapinoe has become a household name for her accomplishments on the field, but her legacy is so much more. As a gay athlete who was never afraid to speak her mind and her truth, she transcended her sport.

MEGAN RAPINOE (US WOMEN'S NATIONAL SOCCER TEAM): I feel like I used my career to do the thing that I'm you know, the most passionate about it. I feel like there's more of a purpose in life than you know, doing things out on the left wing. I hope nobody thinks what I did on the field is more important than what I did offer it. I don't think it even really comes close.

MANNO (voice over): Rapinoe came out publicly in 2012 and she has always been a voice to the voiceless and an inspiration to the LGBTQ community.

[19:50:10]

UNIDENTIFIED FEMALE: I'm married to my wife, Renata and Megan Rapinoe is one of our -- definitely one of our heroes.

MANNO (voice over): In 2016, Rapinoe garnered national attention for kneeling during the national anthem in solidarity with NFL player, Colin Kaepernick.

(GROUP chanting "Equal pay.")

MANNO (voice over): For years, she was instrumental in the lawsuits brought by the US women who lobbied the US Soccer Federation for equal pay and conditions. In 2022, their sacrifice and determination finally paid off in an equal rate of pay in all friendlies and tournaments, including the World Cup.

UNIDENTIFIED MALE: Megan Rapinoe challenges and inspires millions of people who believe in themselves and the possibilities of our nation.

MANNO (voice over): She received the Presidential Medal of Freedom, the highest civilian honor in the United States, becoming the first soccer player ever to receive the medal. A heartbreaking loss to Sweden on penalties in the round of 16 won't

be how she imagined her international career ending. But if there's anything to know about Megan Rapinoe, this is not the end.

RAPINOE: I still just feel really grateful and joyful, and, you know, I know it's the end and that said, but I've loved playing for this team and playing for this country. And yes, it's been an honor.

(End VT)

ACOSTA: She had an amazing run. Our Carolyn Manno, thanks for that report.

We'll be right back.

(ANNOUNCEMENTS)

[19:55:49]

ACOSTA: Barbie is having her best day ever. Barely three weeks into its run, the blockbuster raked in more than $1 billion at the box office. Director Greta Gerwig is now the first solo female director with a billion dollar movie.

A note, CNN and Warner Bros. share the same parent company.

Yesterday, we talked about rare otter attacks today. Another animal rarity. This Pacific walrus calf estimated to be about six months old was found wandering alone on the Alaska's North Slope about four miles inland. What's unusual is that this species of walrus is often spotted in the ocean or along the western coastline and with their mothers.

The wayward calf has some medical issues and is now under 24 hour with what's called cuddle care at the Alaska Sealife Center. Staff reports that he continues to eat well and remains alert and is on the road to recovery, getting some cuddles right there. Very nice.

And over the last 10 years, Dr. Sanjay Gupta has reported how medical cannabis has been life saving for some people. Tonight, "The Whole Story" with Anderson Cooper brings you the latest installment of the award-winning series, "Weed." This time, Sanjay explores how life changing and could be for older adults.

(BEGIN VIDEO CLIP)

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Sixty-two-year-old Nama is a cancer survivor. She now deals with chronic pain.

Were you're taking opioids and other medications for pain.

NAMA, CANCER SURVIVOR: I tried 10 years before. I stopped work. I couldn't do -- I could hardly walk. It was difficult and it was terrible.

GUPTA: Her life is so different now. She couldn't even get out of bed back then. But is now a thriving yoga teacher. Her visit today is to learn how to vape cannabis instead of smoking it.

UNIDENTIFIED MALE: So in Israel at the moment, we have too much people using it by smoke, it is not good for your health.

(UNIDENTIFIED FEMALE speaking in foreign language.)

UNIDENTIFIED FEMALE: Okay, you want to sit down, I think it is going to be more easy for you.

GUPTA: Keep in mind, as you watch this, we're in a clinic in a hospital. This is a treatment that they're administering.

UNIDENTIFIED FEMALE: Okay, so Nama, this is a vaporized air, we start now.

It's a little bit different.

NAMA: It is different.

GUPTA: A difference Nama says she felt almost immediately.

NAMA: Wonderful, great. I'm not coughing.

GUPTA: You're not coughing.

NAMA: I am not coughing. I wonder how would it be later. But right now it's wonderful.

Nice.

UNIDENTIFIED FEMALE: Nice.

GUPTA: Again, what really struck me about all of this as I sat there was that this was all happening in a hospital.

UNIDENTIFIED FEMALE: It's not a secret anymore, it is not behind the table. So this is a huge change.

You remember, air out.

(END VIDEO CLIP)

GUPTA: Jim, I think there's no question because of all the concerns about opioids and the potential for overdose, there has been a push, as you've seen there in Israel, to try and find other options. And for some people, as you saw with 62-year-old, Nama, cannabis can be an option.

It's not for everybody, but it can work for some people, especially when other things have not worked.

In the United States, Jim, the fastest growing demographic of cannabis users is people over the age of 65, which is quite extraordinary. While we're not likely to see in the United States, what we just saw there in Israel, there's no question that people are increasingly turning to cannabis for things like sleep problems, for aches and pains, and for mood. That's why there are so many people in that age group that are increasingly using cannabis.

If they can get off other prescribed medications, that could have significant implications for those individuals, Jim, but also for the country as a whole.

ACOSTA: All right fascinating stuff from the great Sanjay Gupta. Don't miss the new episode of "The Whole Story" with Anderson Cooper, one whole story, one whole hour. It's next on CNN.

And thank you very much for joining me this evening. Reporting from Washington, I am Jim Acosta. Have a great night, everybody, and a great week.

Happy Sunday and hope the week goes great here on out. Thanks a lot for tuning in.

Goodnight.

[20:00:21]