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Biden Holds Moment Of Silence, Vows To Respond To Deadly Attack; Senator Joe Manchin Weighs Potential Third-Party Run; Third Trump Co-Defendant In Georgia Case Seeks To Disqualify Fulton County District Attorney; FOX News Labels Border Crisis An Invasion; Biden Administration Delays Approving More Liquified Natural Gas Exports. Aired 6-7p ET

Aired January 28, 2024 - 18:00   ET

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

[18:00:42]

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

We continue our breaking news coverage of the deadly attack on U.S. troops in the Middle East. Three U.S. Army troops have been killed and more than 30 other service members injured after what U.S. officials say was an overnight drone attack on a U.S. outpost in Jordan. This is near the border with Syria and Iraq. President Biden held a moment of silence during a campaign event in South Carolina earlier today and vowed to hold those responsible to account.

Our team is following all these developments. Kevin Liptak is over at the White House for us with more on the president's response. But first, let's go to CNN's Natasha Bertrand who is here in the studio with me.

Natasha, what's the latest?

NATASHA BERTRAND, CNN NATIONAL SECURITY CORRESPONDENT: Well, we are learning that three U.S. Army soldiers, they were killed in this attack, this drone attack that targeted a little known U.S. outpost in northeast Jordan right on the border with Syria called Tower 22. And it wounded as many as 30 other U.S. service members. And that number actually is expected to rise as service members continue to report symptoms consistent with traumatic brain injury.

And what the Biden administration is saying at this point is they do believe this was carried out by an Iran-backed militia. And we don't know exactly which one at this point. Some have claimed responsibility but the administration has not confirmed yet which group this actually was. But we know that several Iran-backed militants have carried out over 150 attacks on U.S. and coalition bases in Iraq and Syria just since October.

So this is not a new phenomenon. But what is new, of course, is the fact that these attacks actually ended up killing U.S. service members for the first time since those attacks began. And so this is prompting obviously a very serious reaction from the Biden administration. President Biden vowing a response. Secretary Austin vowing to respond in a very serious way saying that it is unacceptable that U.S. forces have been killed here.

But the question obviously now is what is that response going to look like. Is it going to be narrow or is it going to be broader in targeting Iran itself. The administration has taken great pains to link these attacks directly to Iran over the last several months saying that they have warned Iran through private back channels that they need to rein these groups in. But clearly those groups have not gotten the message.

ACOSTA: All right. And let's go to the White House now to our Kevin Liptak to see what the president is saying.

Kevin, while the U.S. is responding to these attacks, preparing to respond, what can you tell us about what the message is from the president?

KEVIN LIPTAK, CNN SENIOR WHITE HOUSE CORRESPONDENT: Yes, the president calling these attacks despicable and wholly unjust. He said that America's heart is heavy. We did hear him speaking a little earlier today on a political trip in South Carolina. The president saying that it had been a tough day and saying we shall respond. In that statement he said the response would come at a time and in a manner of our choosing.

And the president does now face quite a consequential choice on how he will respond to these attacks. And you have already seen some Republicans call on President Biden to strike directly inside Iran but at the same time there is this imperative inside the White House to prevent this conflict from spiraling out of control and from getting dragged into a direct conflict with Tehran. President Biden was briefed by his National Security team while he was on the road today, including the Defense Secretary Lloyd Austin and the National Security adviser Jake Sullivan.

And you can imagine in those discussions talk about how to craft a response that would be proportional and would deter some of these proxy groups from doing this again but at the same time not causing this conflict to spiral out of control. And at the end of the day this had been a fear among White House officials, that as these Iranian backed proxy groups continue to target troops inside Iraq and inside Syria that eventually it would result in fatalities.

And now that those fears have been realized, certainly President Biden does have a decision to make about what to do going forward -- Jim.

ACOSTA: All right. Kevin Liptak, thank you very much.

For more on all of this I want to go straight to my next guest, former senior director for the National Security Council, Michael Doran. He's also a senior fellow and director of the Hudson Institute Center for Peace and Security in the Middle East.

Michael, your reaction to this attack. What stands out to you? I mean obviously if it turns out to be the case that this was an Iran-backed militia, obviously they have decent capabilities, effective capabilities that they're able to use a drone attack to this kind of effect.

[18:05:00]

MICHAEL DORAN, FORMER SENIOR DIRECTOR, NATIONAL SECURITY COUNCIL: They have very serious capabilities which are getting -- as a result of Iran's relationship with Russia, they're getting more sophisticated all the time. They can overwhelm with their missiles, ballistic missiles or their cruise missiles, ballistic missiles and drones. They can overwhelm the defenses of anyone in the Middle East, including us. And so we need to be aware of that growing effect.

I'm also struck by how clever this attack was from the Iranian point of view. They hit Jordan. You know, the majority of the population in Jordan is Palestinian. It's very sympathetic to the Palestinians in Gaza. So this drives a wedge between the United States and the Jordanian regime. A lot of the population will support it. But it's also right next to the Tanf base in Syria which guards one of the major crossings from Iraq into Syria which the Iranians want in order to build a stronger land bridge from Baghdad to Beirut. So they're encouraging in a sense the Americans to withdraw, in addition to all of the messages about the Gaza conflict.

ACOSTA: This is a -- this is the Iranians sending a message, do you think?

DORAN: Absolutely.

ACOSTA: Yes. And so the president has vowed to respond. We're already seeing calls up on Capitol Hill. Not just Republicans, Democrats. We had Adam Smith on in the last hour. He was saying that the U.S. should look at targets inside Iran. But as you and I were talking about before we came on the air during this hour, the U.S. has not done something like that before.

DORAN: Even Trump didn't do it when he killed Suleimani who was really the second most powerful man in the regime. He did it in Iraq. But the administration needs to send a message to the Iranians that it is willing to win the escalation ladder. We keep sending this message that we are restraining ourselves and the Iranians are turning that against us.

ACOSTA: And, I mean, could the -- could this escalation potentially impact these hostage talks? We saw the CIA director going to Europe just this weekend to try to get that going again. All of this seems to be intertwined.

DORAN: Oh, it's absolutely intertwined. The Iranians are doing all of this. They put all of their military power behind the global cease- fire movement because they want to keep Hamas alive and they want Hamas to win. One of the things that the administration will weigh, and I think it would be a big mistake, but one of the things that they will weigh is putting more pressure on Israel to wind down the war in Gaza so that the attacks from Iran would end. Again, I think that would be a big mistake but that's the --

ACOSTA: Why? DORAN: Why do I think it's a mistake?

(CROSSTALK)

ACOSTA: Yes.

DORAN: Because Hamas will win and Iran will win and all of our allies in the region will see that the United States will back down in the face of Iranian aggression.

ACOSTA: And you're not -- are you concerned that as that war grinds on between Israel and Hamas that there will be more attacks like we just saw in the last 24 hours, this drone attack like we just saw?

DORAN: I think we need to define the conflict correctly. It's not a war for Gaza. It's a contest between the Iranian alliance system and the American alliance system, and we need to win that contest or at least deter the Iranians.

ACOSTA: Last time Israel and Hamas reached an agreement was back in November when a week-long pause in the fighting allowed for the release of more than 100 hostages. What do you think? Is it possible that we could see a development where all these hostages end up getting released?

DORAN: I doubt it at the moment because what's happening is that Sinwar, the leader of Hamas, is demanding a permanent cease-fire guaranteed by the international community, release of all of the detainees in Israel. Things that are politically possible for any Israeli government to do. And again, the things that would amount to victory for Hamas, victory for Iran.

ACOSTA: All right. Michael Doran, thank you very much for your time. We appreciate it.

We're going to continue to follow this and bring you the latest. Stay with this. We'll be right back after a quick break.

(COMMERCIAL BREAK)

[18:13:06]

ACOSTA: Senator Joe Manchin says he absolutely can see himself as president. Here is Manchin's response when he was asked outright whether he was considering a third party run for president.

(BEGIN VIDEO CLIP)

SEN. JOE MANCHIN (D-WV): So people are looking for, is there going to be a challenge? Is there going to be any other options? We're just trying to tell people there are options out there, especially how you're able to get more people involved.

(END VIDEO CLIP)

ACOSTA: CNN's senior reporter Isaac Dovere joins me now. Isaac, you know, we've seen this dance from Joe Manchin before. You

know, sort of the ultimate flirt here in Washington when it comes for running for president. Is it sounding more serious? What are your sources telling you?

EDWARD-ISAAC DOVERE, CNN SENIOR CORRESPONDENT: Well, look, I spent some time with Joe Manchin in New Hampshire as he was doing this flirtation. There is something more real to it this time around. He sees that there is a potential path in his mind. He's got this idea if Donald Trump is convicted, if Joe Biden has a health scare, maybe there's some way to through there. And as he goes around and people say to him in airports, wherever else, hey, we love you, you've done great things. It's getting into his head as it tends to get for politicians.

Whether that will end up coming to be an actual run is a big question. It depends in part on whether he thinks he's going to be a spoiler. He told me he doesn't want to be spoiler. He told me he does not want Donald Trump to be president again. And even though he thinks that Joe Biden has been pulled to the left, he still said he's a good, decent man, and clearly that's part of his calculations, too.

ACOSTA: We're talking about as a third party candidate.

DOVERE: That's right. And, look, part of what would be going on here if he runs, he would probably be running on try to run on the ballot line that's being secured around the country by this group called No Labels, which is a nonpartisan, as it says third party, unity ticket seeking thing. But, Manchin, interestingly, is out to kind of undermine No Labels and set up his own thing. He's got a group that's been started by him and his daughter called Americans Together.

[18:15:01]

It's doing a lot of the things that No Labels was doing before it started this presidential run. And he's looking to maybe capitalize on some of the internal turmoil and questions about how this is actually going at No Labels. We'll see what that amounts to also. But No Labels says they're going to make their decisions by mid-March. Manchin says he's going to make his decisions by the spring, and we'll know soon what this actually starts to look like.

ACOSTA: Stay tuned as we often say.

DOVERE: Yes.

ACOSTA: All right, Isaac, great reporting as always. Thanks so much.

Let's discuss more now with former press secretary to First Lady Jill Biden and special assistant to President Biden Michael LaRosa, and Republican strategist Shermichael Singleton.

Gentlemen, great to have you both back on.

Shermicheal, you're here with me. Let me start with you first. I mean, we keep talking about this I feel like every three or four months. It's sort of like the turning of the seasons. You know, we talk about Joe Manchin running for president again. Do you think that he's actually going to do this?

SHERMICHAEL SINGLETON, REPUBLICAN STRATEGIST: I mean, look, I trust Isaac's reporting on this, Jim, and so if Isaac said that Manchin doesn't want to cause harm to President Biden, I would typically want to believe that. But I think a bigger question is, if not Manchin, then who will No Labels select? I mean, they're in what, 13, 14 states right now. Nevada, Arizona, two states that former President Trump lost by less than 20,000 votes. If they find a candidate that performs competitively in those states, that would obviously benefit Donald Trump than it would President Biden.

ACOSTA: And, Michael, I mean, you worked inside the White House. I mean, how much do they tear their hair out over Joe Manchin? I'll ask it like that.

MICHAEL LAROSA, FORMER PRESS SECRETARY TO FIRST LADY JILL BIDEN: I know my former colleagues in OLA, would probably be better off -- Legislative Affairs would probably be better off answering that question. But what I would say is his posture as a senator has always been that he never wanted to be the vote, the one vote to sink a vote for Democrats, which is why you always found him working third ways with Susan Collins, Lisa Murkowski, Kyrsten Sinema, and other moderates.

I don't think in the end -- I trust Isaac's reporting as well, but I don't think in the end he would want to ever be settled with the legacy of helping, you know, Donald Trump part two.

ACOSTA: Yes. And Shermichael, I wanted to ask you about -- jump over to Trump. A veterans group is hitting him over his past comments about service members. And it's from the group Vote Vets. They're launching this ad in Pennsylvania that features Gold Star parents criticizing Trump for calling veterans and losers and suckers. Trump and his people said he never said but it's been reported a lot that he did say. And even us here at CNN, we've confirmed it. But let's look at the ad and talk about it on the other side.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: My stepson was not a loser.

UNIDENTIFIED FEMALE: My son is not a loser.

UNIDENTIFIED MALE: My son, Mathew, is not a loser. Honorably serving his country.

UNIDENTIFIED FEMALE: That is something Donald Trump will never know.

UNIDENTIFIED FEMALE: That's something that Donald Trump will never understand.

UNIDENTIFIED FEMALE: My message to Donald Trump is this, you have no right. You're the real loser here.

(END VIDEO CLIP)

ACOSTA: Yes. I mean, Shermichael, I mean, we saw Joe Biden seized on this last night in some comments that he made down in South Carolina, going after Trump and said, no, he's the loser. How impactful is that ad and those kinds of attacks on Donald Trump? He's made these comments in the past.

SINGLETON: I mean, yes, but you know what, Jim, the former president has performed very well with men and women in uniform. He's performed very well with first responders generally speaking, but I think it's critical that the Biden administration attempts to sort of control the message, if you will, in Pennsylvania because it's a state that President Biden only won by 80,000 votes. A very slim margin.

It's a state that Donald Trump won in 2016 by a very slim margin. And so if you're looking at the battleground states map, Pennsylvania, Georgia, Arizona, Wisconsin, Nevada, those particular states I think we're going to see a lot of fighting between both candidates. And whomever can dominate the message there and control engagement, and targeting with their prospective voters and swing voters I think will be the candidate that ultimately wins those states and ultimately gets to 270.

ACOSTA: Yes. It might very well be a battle of raising the negatives in this cycle.

SINGLETON: Absolutely.

ACOSTA: And Michael, speaking of that, I did want to ask you about this verdict in the E. Jean Carroll case, the defamation case against Donald Trump. This $83 million verdict that came down. Republican Senator James Lankford of Oklahoma was asked today whether the verdict gave him any pause about Trump returning to office. Let's listen to that.

(BEGIN VIDEO CLIP)

SEN. JAMES LANKFORD (R-OK): It doesn't. Obviously these are legal cases. I don't jump in the middle of a legal case. It's been interesting the number of legal cases that have come up against President Biden and then have been failed, and had been dropped or been kicked out of the courts on him. This one actually went through. He's already said he's going to challenge it. So let the courts actually make their decisions and let the American people make their decision.

(END VIDEO CLIP)

[18:20:03]

ACOSTA: Yes. I mean, Michael, this is something that I think the Biden people are just not going to let go of. I mean, they're going to keep raising this issue of Trump and E. Jean Carroll, Trump and women, and we're going to see this discussed throughout this upcoming year.

LAROSA: I think that's right. I don't -- I think it's certainly a wise strategy to pursue because women will be the key to the election for so many reasons, but I also don't know if -- I don't believe that any of Trump's legal cases are going to really matter in the end. I think the American people made their deal with Donald Trump in 2016 and, again, I think we saw who he was after the "Access Hollywood" tape.

I don't think it's going to change the minds of any of his supporters, but I do think it's an effective line of attack, especially with -- among -- you know, when you're trying to appeal to women voters.

ACOSTA: Yes. And Shermichael, Nikki Haley is vowing to keep going against Trump, keep her battle going against Trump, saying she doesn't necessarily need a win in South Carolina to continue her campaign. Let's listen to that.

(BEGIN VIDEO CLIP)

NIKKI HALEY (R), PRESIDENTIAL CANDIDATE: I think I need to do better than I did in New Hampshire. I need to show that I'm building momentum. I need to show that I'm stronger in South Carolina than New Hampshire. Does that have to be a win? I don't think that necessarily has to be a win. But it certainly has to be better than what I did in New Hampshire, and it certainly has to be close. If we win, great. If not, we've got to show that we're continuing to narrow that margin along the way.

(END VIDEO CLIP)

ACOSTA: Should she be staying in this race, do you think?

SINGLETON: I mean, Jim, I understand why, but there isn't a path. I mean, Donald Trump is ahead in South Carolina by 50 points. You move on to March 5th, which is Super Tuesday. Most of those states are win or take all or win or take most. You have states like Nevada who went from a primary process to a caucus state.

The point that I'm trying to make here for the viewers is that every single one of these states benefits Donald Trump. Donald Trump's team was very smart last year with individuals like Brian Jack who I worked with on Dr. Carlson's campaign. Susie Wiles, going across the country really working with many of the state's GOPs to change the rules, alter the rules, to benefit Trump. The only --

ACOSTA: They really set the table.

SINGLETON: Absolutely. The only campaign that actually paid any attention to this was Ron DeSantis. But they were even too late, Jim, when they tried to make some noise about this. And so I respect Governor Haley. I think she's a very talented candidate. But even if she would have stayed, let's say she won a state or two, Jim, she's always going to play catchup to Donald Trump to 12, 15, to become the Republican nominee. The path just isn't there.

ACOSTA: Yes, but, Michael, I mean, I would assume that the Biden team, they want Nikki Haley to stay in this race as long as humanly possible, right? I mean, and especially the way she's been campaigning lately, going after Trump calling him unhinged, talking about how he's lost a step and so on.

LAROSA: Yes --

ACOSTA: I mean, you don't need the Biden people to say it. Nikki Haley is saying it.

LAROSA: No. I wish I would have seen more of this from Nikki Haley a little bit sooner. But you're right, I think it's good for Biden the longer she stays in because he keeps offending so many people, especially women, a core constituency that he needs, both candidates need frankly, by insulting her by what she wears, her mental -- or calling her a bird -- calling her names.

There was a voter on your network earlier in South Carolina with one of your reporters just completely turned off by Donald Trump name- calling and that was why she voted for Joe Biden over Donald Trump in 2020. So I think, you know, the more he keeps having these tantrums, the better it is for Biden and because you guys will be covering it.

SINGLETON: It doesn't -- it will have zero impact in the Republican primary. And that's a different conversation about the general election and the ability to reach out to swing voters, women voters, suburbanites if you will. But in the primary, it won't matter. And that's why from Nikki Haley to DeSantis, and so many others, it's been an impossible mountain to climb to usurp Donald Trump's lead.

ACOSTA: I mean, does it make any sense, though, from a general election standpoint for Donald Trump with this E. Jean Carroll case going on, losing $83 million, we'll see if he actually pays it, to then talk about Nikki Haley's -- what she's wearing and calling her bird brain?

SINGLETON: I mean, Jim, I think people --

ACOSTA: I mean, at the end of the day Donald Trump needs --

SINGLETON: Oh, there's no doubt.

ACOSTA: -- women voters to give him another chance.

SINGLETON: Absolutely. I mean, look, for a long time the Republican Party performed very well with suburban voters, with suburban voters in general. We lost that in 2020. We haven't recovered since. Democrats have shown a pretty effective pathway and strategy in terms of the abortion issue. They have seen ballot measure after ballot measure from last year to Wisconsin all the way to my state of Virginia.

They're seeing successes, Jim, after successes. And so I think if you're Republicans and you're advising Donald Trump, the question is we know our weaknesses here, but can we find a running mate that may bring some credibility on some of these issues? And that's where you look at someone like a Nikki Haley if she wants it.

ACOSTA: Now that would be a twist.

(LAUGHTER)

ACOSTA: Michael, Shermichael, guys, great to talk to you. Thanks a lot. Appreciate it.

LAROSA: Thank you, Jim.

ACOSTA: We'll be right back.

(COMMERCIAL BREAK)

[18:29:13]

ACOSTA: Georgia prosecutor Fani Willis who has charged former President Donald Trump with election interference continues to come under scrutiny amid allegations that she and special prosecutor Nathan Wade are romantically involved. There are growing calls for her to step down from the case.

And CNN's Zach Cohen is here with the latest.

Zach, now a third Trump co-defendant is trying to disqualify her. What can you tell us?

ZACH COHEN, CNN NATIONAL SECURITY CORRESPONDENT: Yes, Jim. Bob Shealy is a pro-Trump lawyer. He's joining the former president and former Trump campaign official Mike Roman in trying to get Fani William DQ'd from this race. And they're asking a judge to disqualify her because of these allegations that, you know, she and Nathan Wade were engaged in an improper romantic relationship.

But, look, I've poured through all these court filings, I've looked at all the evidence that's been put forward, and there's a lot of smoke but there is no fire as far as these allegations touching the facts of the case or proving what is alleged in the original filing that Fani Willis not only was romantically involved with Wade but also that she financially benefited from their relationship.

[18:30:09]

And that's really the key. That's the bridge that they have to prove in order to have a chance to get Fani Willis dismissed here. And look, they're going to have a chance to present all the evidence they have on February 15th. There's going to be a hearing in front of the judge in this case overseeing it. And he's going to get to decide whether or not Fani Willis gets a slap on the wrist, you know, gets dismissed or if the case gets thrown out.

Now I've talked to sources on both sides of the equation here, and none of them think there's really a shot that this all gets thrown out the window, right? But there is a chance that Fani Willis does get reprimanded. And we're going to have to wait and see how that happens. She has until February 2nd to respond to the allegations. I'm told that we can expect something very, very aggressive and fiery, and Fani Willis' natural tendency to do that.

But, you know, this is a distraction for her. She has been trying to focus on the facts and merits of this case, and this is something that she has now have turn her attention to.

ACOSTA: Yes. You would think that the defendants were going to look for any opportunity to raise questions about the case and they've seized on this opportunity.

COHEN: They absolutely have.

ACOSTA: I'm not surprise that they would do this.

COHEN: No, not at all. And you're also seeing not just Trump jump on this. He's posting on Truth Social. But you're seeing his allies across the spectrum in Congress, at the state level. Congressman Jim Jordan, the chairman of the House Judiciary Committee, again reupping requests for documents related to the Georgia case because of these allegations about an improper romantic relationship.

Fani Willis responded on Wade's behalf. That's who Jordan sent the letter to. She said, no, we will not hand over anything. There's a committee that was formed at the state level to investigate this, too. But you're seeing people come from all corners to really pounce on these allegations.

ACOSTA: Interesting. All right, Zach Cohen, keep up posted. Thanks a lot. Appreciate it.

And joining us now for analysis Clark Cunningham. He's a professor at Georgia State University Law School. He's also the author of an op-ed that ran this week in "The New York Times" where he calls for Fani Willis to step down in the Trump case in Georgia.

Clark, thanks for being with us. And you say you have generally approved of the way Fani Willis has handled this case, and that the indictments against Trump and his co-defendants are legally sound, yet you think she needs to step aside.

CLARK CUNNINGHAM, PROFESSOR, GEORGIA STATE UNIVERSITY LAW SCHOOL: Yes, though I want to make clear when I say step aside, I'm saying that she should take a temporary leave of absence. I'm not saying that she should disqualify herself or quit as district attorney. She should take a temporary leave. And as soon as she does this, the risk of disqualification is greatly minimized.

Because if she takes a voluntary leave, she can just have a career district attorney in the office take over and the case moves forward. So even though I do agree with your prior guest that Trump and co- defendants haven't produced any evidence yet about this improper relationship, there are still two big risks. One is that the motion for disqualification is granted, and although that doesn't result in a dismissal of the case, it results in a huge delay because then there is a state agency that has to appoint a special prosecutor.

That could take a very long time. For Jones, the lieutenant government, who won a disqualification motion against Fani Willis 18 months ago. 18 months later there's still no special prosecutor. Even if Willis wins the disqualification motion issue, then Trump and his allies are going to appeal. We've been to this play before, right? ACOSTA: Oh, yes.

CUNNINGHAM: They're going to appeal. They're going to ask for a discretionary appeal. And that appeal process could take months and months and months. So the one thing that D.A. Willis can do right now to keep the case on track is to take a temporary absence from the office. So that's what I mean when I say she should step aside.

ACOSTA: Either way it's not a good situation, right, Clark? I mean, under Georgia law, and correct me if I'm wrong, if Judge McAfee disqualifies Fani Willis at this hearing in mid-February, the entire staff at the district attorney's office would also be disqualified? Is that correct?

CUNNINGHAM: That's absolutely correct.

ACOSTA: But if what you're saying is true and she steps aside from this case, that also has the potential to create major delays, major complications for her office, so either way --

CUNNINGHAM: No. No.

ACOSTA: No?

CUNNINGHAM: If she takes a temporary leave, she appoints one of her chief deputies as acting district attorney. So the other attorneys are not disqualified if she's on leave. That's the whole point of my op-ed in "The New York Times" is that she -- this delay of having a whole new special prosecutor appointed is avoided if she just takes a temporary absence. It doesn't have to be any kind of admission of wrongdoing.

The statute doesn't say she has to give a reason for taking an absence. She's certainly titled to it. If anything, she deserves to be in witness protection based on what she's gone through. Once again, we say it's a bad situation. There still isn't any evidence yet that's been presented. But what I'm saying is, the risks are so great and really the only harm of her taking a temporary leave is to her own personal reputation and political future, but it's so much better for the case and I think it's really good for the public for this case to move forward as quickly as possible.

[18:35:00]

ACOSTA: Could it have the effect of delaying the trial to the point that it's not held before the November election?

CUNNINGHAM: The disqualification would. I think just the opposite if she takes a temporary absence. I've suggested that if she takes a temporary absence, the acting district attorney can terminate the contract, eliminates that problem. We now have an opening in the spring because the D.C. case is on hold. I think they could sever just going to trial against Trump next month and do the whole thing this spring in Georgia.

So just the opposite. She could not only keep this case on track but move it swiftly forward because there's an opening in the trial schedule at the federal level.

ACOSTA: All right. Well, Professor Clark Cunningham, very interesting. Thank you very much for your time. We appreciate it.

CUNNINGHAM: Privilege to be interviewed by you, Jim.

ACOSTA: All right. Thank you.

And we're still following the breaking news from the Middle East after an overnight drone attack killed three U.S. service members in Jordan. This attack happened in the northern part of Jordan near its border with Syria and Jordan. More than 30 troops have been hurt so far that we know of at this point.

President Biden said militant groups supported by Iran are behind the attack and vow to respond. We're staying with this story throughout the evening. We'll bring you the latest coming up in just a few moments. Stay with us.

You're live in the CNN NEWSROOM.

(COMMERCIAL BREAK)

[18:40:33]

ACOSTA: Former President Donald Trump is pushing U.S. lawmakers to torpedo a bipartisan deal in the works that sought to help fix the crisis at the U.S. border with Mexico in part by giving the president emergency authority to close the border. Trump argued that Congress should not pass the bill because it would be a, quote, "gift to the Democrats." That's despite him saying the record inflow of migrants could lead to a, quote, "major terrorist attack."

Here's what lead negotiator for the Republicans, Senator James Lankford," said when asked about it on FOX News this morning.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Why give him this in an election year? The cover of this deal that, you know, and critics say it's still going to let people in but he gets to take a victory lap that he's gotten something done.

LANKFORD: Yes, well, it's definitely not going to let a bunch of people in. It's focused on actually turning people around on it. It is interesting, Republicans four months ago would not give funding for Ukraine, for Israel, and for our southern border because we demanded changes in policy. So we actually locked arms together and said we're not going to give you money for this. We want a change in law.

And now it's interesting a few months later, when we're finally going to get at the end, they're like, oh, just kidding. I actually don't want a change in law because it's a presidential election year.

(END VIDEO CLIP)

ACOSTA: CNN senior media reporter Oliver Darcy joins me now.

Oliver, it sounds like over at FOX there are some who don't want a deal because I guess it may interfere with their programming. And you've been hearing some inflammatory rhetoric around immigration on FOX. Tell us about that.

OLIVER DARCY, CNN SENIOR MEDIA CORRESPONDENT: Well, Jim, FOX is going to pretty much I would expect do what former President Donald Trump wants. And you've seen him come out against the bill saying it's a bad bill, and that he'd rather have no bill than this bill. And so it's not surprising that FOX is probably going to take that editorial position.

When you watch the channel, Jim, right now, I mean, it's hard to stress how much fear-mongering FOX is doing about the situation over the border. Obviously there is a humanitarian situation at the border, but there is a difference between covering that story and fear- mongering about it. I want you to take a listen to a conversation, just a taste of what happened, earlier this morning on "FOX and Friends."

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: He says he wants to shut the border down, fix it quickly like this issue that he created just fell on his lap and he's also passing it on to Congress because he knows that Republicans are going to approve this bipartisan Senate bill so then he can say, well, I'm trying to fix the issue. It's you guys that are the problem.

UNIDENTIFIED MALE: So this is political extorsion.

MARIA BARTIROMO, FOX NEWS HOST: Today, invasion at the southern border.

UNIDENTIFIED MALE: Sometimes I walk through public areas, I walk through differently now. It's kind of like after 9/11.

(END VIDEO CLIP)

DARCY: It's remarkable.

ACOSTA: Wow.

DARCY: Like after 9/11 is what they're saying over on FOX. And you had a lengthy conversation during that discussion about how terrorists could potentially be crossing the border. I mean, this is something they're really placing a lot of emphasis on over on that channel as they fear-monger about this issue that's really heating up, Jim.

ACOSTA: Yes, but, Oliver, I mean, if you're going to describe it like an invasion, like a crisis, one would suspect that you might be open to some kind of deal or an agreement. But just like Trump, it sounds as though FOX is suspicious of that, too.

DARCY: I mean, you hear them saying it right there on air that if there is a deal, then it can make Joe Biden look good in an election year. And obviously Trump wants to run on immigration. He's viewed as a strong person on immigration and so it's not surprising that that's an issue he wants to run on. It was his main issue back in 2016. And so it would be much more difficult to run on the issue if the situation at the border were to resolve.

And so obviously it makes political sense that they would want chaos at the border so they can point to that, highlight it on FOX News every night, and say that Trump when he's in office will fix the issue. Now whether that's good for, you know, America and what's happening at the border, that's a separate issue. But obviously it would be good politically for the former president.

ACOSTA: All right. Oliver Darcy, great to talk to you as always. Thanks so much.

DARCY: Thank you.

ACOSTA: All right. And why the White House is pausing a plan to ship natural gas overseas. We'll talk about that. Natural gas is drilled here in the U.S. to allies in Europe and Asia. What that decision means for you. We'll break it down for you and talk to somebody who has been feeling this personally. That's next.

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[18:49:19]

ACOSTA: The White House is pausing approval on projects to export liquefied natural gas in order to conduct a climate review. And joining us now to talk about this is climate activist Roishetta Ozane. She's the director and founder of the Vessel Project of Louisiana, a grassroots environmental justice group.

Roishetta, thank you so much for talking to us. We really appreciate it. You also live in Sulfur, Louisiana, a town near several major liquefied natural gas terminals. And we're showing some of the video of what it looks like to live near one. And we're just trying to put this in perspective so folks understand why the administration might have done this sort of thing. You've had to deal with this firsthand. What's it like?

[18:50:01]

ROISHETTA OZANE, CLIMATE ACTIVIST: Thank you so much for having me, Mr. Acosta. Yes, I am a mom of six living here in Sulfur, Louisiana. You can imagine living in a town with a name Sulfur what it's like just from the name of the town. So we are, you know, surrounded by more than a dozen petrochemical and plastic polluting gas and oil facilities. And three LNG facilities. Our air smells like rotten eggs. There's constant flaring as you can see in the video.

It sounds like trains are coming back and forth. I have two children who suffer with asthma. I have children who suffer with other respiratory and skin conditions, and all have been linked to long-term industrial exposure. Now me and my family is not alone in this. There are several families who are dealing with the same thing, and we decided to get together and stand up for our children for their right to breathe clean air and drink clean water.

ACOSTA: And Roishetta, we're looking at some of the video you sent us now and you can see this orange glow off in the distance. It looks very menacing. What are we looking at?

OZANE: What you're seeing is what they call a flare, F-L-A-R-E. That is an intentional release of extra products from the facilities in an attempt for there not to be an explosion. You're seeing this view from my front door.

ACOSTA: Wow.

OZANE: My 20-year-old daughter took this video. That's how close we are to these facilities. Now you may ask the same question as me, if there's a chance of an explosion, why are these facilities so close to neighborhoods? But that's where they are, and they want to build more than 20 more of these facilities along the Gulf Coast.

ACOSTA: Wow. And it's unbelievable that you can see houses right by this, and that the video was taken from your front doorstep is just unbelievable. And so what was your reaction when you heard about the administration issuing this decision that they were going to delay these exports?

OZANE: The Biden administration made a monumental decision in the fight for climate justice by announcing they are going to pause reviewing applications for new liquified natural gas export facilities. We know in my community that there is nothing natural about LNG. In fact it should be called LMG for liquified methane gas due to the amount of methane pollution that they release every day.

These facilities have proven to be more harmful than coal because of the way that they have to be shipped. Now my community is a community where there's fracking, extracting and exporting. And when these gases are exported and they're shipped across the water, they're more dangerous than coal. Why are they located in and near communities and schools. I have, you know, several videos even from dropping my son, who has epilepsy, dropping him off at school, and you can see the flare right across the street from the school's door.

So, you know, enough is enough. We can no longer put men and women in danger all for money. It's time out for putting policy before people and funds before family. We've got put people first, and this administration made a bold move, drew their line in the sand, and stood up to dirty oil and gas. And we say bravo to this administration. We know that they listen to us.

ACOSTA: Yes.

OZANE: We marched, we signed petitions, we, you know, threatened sit- ins and they heard our voices.

ACOSTA: And Roishetta, I mean, for the folks at home who might say, well, why don't they just move so they don't live near one of these places, what do you say to that? OZANE: Well, this is our home. You know, it's carnival season right

now, Mardi Gras season, and people from all over the world come to Louisiana for our carnivals, for our food, for our Gulf seafood, the shrimp and oysters and fish. We live here. We get to enjoy those things every day. This is where my children were born and raised. We have no plans of leaving.

We feel like there's a brighter future and there's a way to, you know, bring in sustainable resources to our community. We're not talking about stopping everything today. We know that there's going to take a transition, right? All we're asking for is that community members be a part of the decisions for our community and that these decisions don't kill our children.

ACOSTA: All right. Well, Roishetta Ozane, you're very passionate about this and thank you very much for your time.

[18:55:01]

Thanks to your kids for getting that video as well. Always helps make it very relatable to folks so they understand what you're going through.

Roishetta, thanks very much for your time.

OZANE: Thank you so much.

ACOSTA: All right. Good to talk to you.

In the meantime, CNN's new original series, "THE MANY LIVES OF MARTHA STEWART" traces her rise to success, shocking fall from grace, and momentous comeback on her way to becoming an American icon. Here's a preview.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: There is so much anticipation. They wound up deliberating for three days. We were all lined up, every network, we were really only inches apart. And I saw all these runners, and I said to our team, which was much smaller, I'm getting nervous, how are we going to keep up with them? I will never forget there was a young producer who said to me very casually and confidently, look at their shoes.

And I looked down and many of them had heels on or whatever, and I looked over to our team, and they all had sneakers on and they were ready to run, and I thought to myself, we're good. We're going to be good.

We are waiting word from inside the courtroom.

UNIDENTIFIED MALE: And stand by. And it's all about Tamara (PH). Cue her. Go, go, go.

(END VIDEO CLIP)

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