Return to Transcripts main page
CNN Newsroom
Trump's Defense Team Push for Immunity; New York Court Overturns Weinstein's Sex Conviction; More Protesters Burst in Universities; Ukraine Upgrade Recruitment Rules; NY Court Overturns Harvey Weinstein Verdict; 130 Whales Rescued, 28 Died In Western Australia. Aired 2-2:45a ET
Aired April 26, 2024 - 02:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[02:00:00]
(COMMERCIAL BREAK)
KIM BRUNHUBER, CNN HOST: Hello and welcome to all of you watching us here in the United States, Canada, and all around the world. I'm Kim Brunhuber. This is CNN Newsroom.
(BEGIN VIDEO CLIP)
DONALD TRUMP, FORMER PRESIDENT OF THE UNITED STATES OF AMERICA: It was breathtaking. Amazing testimony. This is a trial that should have never happened. This is a case that should have never been filed.
(END VIDEO CLIP)
BRUNHUBER: Catch and kill, tabloid tales and arguing immunity claims to the Supreme Court. We'll discuss Donald Trump's courtroom dilemmas.
Plus dozens of arrests nationwide. America's college campuses are filling up with defiant protesters outraged over Israel's war in Gaza.
And later, Harvey Weinstein's rape conviction in New York is overturned. Now accusers want a new trial.
UNKNOWN: Live from Atlanta, this is CNN Newsroom with Kim Brunhuber.
BRUNHUBER: Donald Trump's hush money trial resumes in the coming hours. The former tabloid publisher returning to the witness stand as the judge considers possible new violations of the gag order against the former U.S. president.
Trump's name echoed through multiple courtrooms Thursday, with the most high stakes battle playing out at the U.S. Supreme Court. The justices heard arguments about whether Trump deserves absolute presidential immunity from criminal prosecution.
(BEGIN VIDEO CLIP)
JOHN SAUER, DONALD TRUMP'S LAWYER: If a president can be charged, put on trial, and imprisoned for his most controversial decisions as soon as he leaves office, that looming threat will distort the president's decision making precisely when bold and fearless action is most needed.
MICHAEL DREEBEN, FORMER U.S. SOLICITOR GENERAL: His novel theory would immunize former presidents for criminal liability for bribery, treason, sedition, murder, and here, conspiring to use fraud to overturn the results of an election and perpetuate himself in power.
(END VIDEO CLIP)
BRUNHUBER: The justices appear likely to cause further delays in the special counsel's election subversion trial, even though there are signs they're not buying the absolute immunity claim.
Justice Elena Kagan pressed Trump's lawyer about whether a president who sells nuclear secrets or orders a coup should be immune, and he struggled with his answer. Listen to this.
(BEGIN VIDEO CLIP)
ELENA KAGAN, ASSOCIATE JUSTICE OF THE U.S. SUPREME COURT: He ordered the military to stage a coup, and you're saying that's an official act?
SAUER: I think it would depend on --
(CROSSTALK)
KAGAN: That's immune.
SAUER: I think it would depend on the circumstances whether it was an official act. If it were an official act, there would be low risk.
KAGAN: If it's an official act, is it an official act?
SAUER: If it's an official act, it's impeachable.
KAGAN: Is it an official act?
SAUER: On the way you've described that hypothetical, it could well be. I just don't know.
(END VIDEO CLIP)
BRUNHUBER: Meanwhile, a federal judge has upheld the verdict in E. Jean Carroll's defamation case and denied Trump's motion for a new trial. The judge said Trump's legal arguments are without merit, and that more than $83 million awarded to Carroll passes constitutional muster. Trump is appealing the verdict.
All right. A closer look now at the hush money trial. The former publisher of the National Enquirer said he considered Trump a mentor and still considers him a friend, even though they haven't spoken since 2019. But David Pecker also disclosed the hatch and kill deals that may have helped put his mentor in the White House.
More now from CNN's Kara Skinnell.
(BEGIN VIDEOTAPE)
KARA SCANNELL, CNN CORRESPONDENT (voice-over): New details on the hush money payout to adult film star Stormy Daniels from an ex-tabloid executive back on the stand recounting how he brokered a deal at the center of the case against former President Donald Trump.
David Pecker was questioned by the prosecution about the catch and kill scheme to quiet Daniel's story of an alleged affair with Trump weeks before the 2016 election.
Pecker, the former publisher of the National Enquirer, testified he found out from his editor-in-chief that Daniels was trying to sell a story that she had a sexual relationship with Donald Trump and it would cost $120,000 to kill it.
Pecker said he told Trump's attorney Michael Cohen about the story, which he called very damaging. He recalled explaining to Cohen that he was not going to pay Daniels, saying his company already purchased two other negative stories for Trump totaling almost $200,000.
He said he told Cohen, "I am not purchasing this story. I'm not going to be involved with a porn star." Cohen, he recalled, said the boss would be furious.
Trump denies having an affair with Daniels. Pecker also discussed an earlier scheme involving former Playboy model Karen McDougal. She alleged having a nearly year-long relationship with Trump, which the former president denies.
[02:05:02]
Pecker told the jury he would not have entered into the deal with McDougal if it wasn't going to benefit Trump's campaign, saying, "we didn't want the story to embarrass Mr. Trump or embarrass or hurt the campaign."
Trump's attorney, Emil Bove, used his time cross-examining Pecker to show how the mutually beneficial relationship between him and Trump went back almost two decades before the 2016 election. He confirmed with Pecker that he had been giving Trump a heads up about negative stories during that time.
Bove asked Pecker if it was standard operating procedure for media to work with politicians, including sometimes to win elections. Pecker replied, yes.
TRUMP: Today was breathtaking in this room. You saw what went on. It was breathtaking. And amazing testimony.
SCANNELL: Before court, Trump commented on Pecker's testimony at a stop at a Midtown construction site. Prosecutors cited his words to the judge on Thursday as one of many violations of his gag order not to discuss witnesses in the case.
UNKNOWN: What have you thought of David Pecker's testimony so far? When was the last time you spoke to him?
TRUMP: No, he's been very nice. I mean, he's been -- David has been very nice. He's a nice guy.
Kara Scannell, CNN, New York.
(END VIDEOTAPE)
BRUNHUBER: And joining us this hour from Los Angeles is attorney and legal affairs commentator Areva Martin. Great to see you again.
Listen, so much to discuss, frankly, we won't get to all of the Trump trial news today, but I just want to start where we left off there, the prosecution. Starting with David Pecker as a way to start telling this story to the jury and to the public.
AREVA MARTIN, ATTORNEY & LEGAL AFFAIRS COMMENTATOR: Yes, the testimony of David Pecker has been really, really surprising on so many levels. Think about the irony of Donald Trump, who coined the phrase fake news.
And what we learned from David Pecker is that Trump and Pecker and Michael Cohen were actually engaged in creating fake stories, suppressing stories about Donald Trump that they deemed harmful and promoting stories, in some cases, fake stories about his opponents in order to embarrass and to humiliate them.
The testimony has been in some ways riveting. We have reports that he -- Pecker established an incredible relationship with the prosecution and is appearing as a very credible witness for the prosecution.
BRUNHUBER: So that's inside the courthouse. In the meantime, the showdown over what Trump is saying outside the courtroom to reporters and on social media, whether he's violating the gag order and how he might be punished for it, I mean, that showdown continues.
MARTIN: Yes, there was a very heated argument in the courtroom on Tuesday about violations or alleged violations by the prosecution of the gag order.
The court has not issued a ruling as of yet. And the court really has two options at this point, fine Donald Trump $1,000 for each violation of the gag order or to put him in jail for up to 30 days.
It is very clear, though, that no matter what this court does, Donald Trump is not going to stop talking about the witnesses, stop talking about this trial despite the gag order, putting the court in a very difficult position because essentially Donald Trump is allowed to do things as a criminal defendant that no other criminal defendant in our legal system would be or as would be allowed to do.
BRUNHUBER: Yes, that's clear. And polls show, though, people are interpreting that different ways. Polls show an equal number of people thinking Trump is being treated differently by the justice system.
You know, some 30 something percent saying treated harsher and another exactly equal amount saying that he's being treated more equally, as you suggest there.
So I want to turn to another weightier Trump case and the Supreme Court hearing and arguments about Trump and presidential immunity. They seem to be leaning towards, you know, a ruling against a blanket immunity, but then defining some official acts as immune. What did you make of all of it?
MARTIN: Very disappointed, Kim, in the Supreme Court, clearly operating along ideological lines. This is a six to three conservative court. And we saw on display today by the questions asked by the conservative justices that there was an attempt to carve out, again, some special privileges that no other defendant, again, in our criminal justice system would be afforded.
The questions asked by this conservative justice is very troubling. At one point, Chief Justice Roberts was critical of the D.C. Court of Appeals, saying that they didn't do enough to dig into the facts or the documents relevant to this case, when by all accounts, the contrary is true.
[02:10:02]
The tough questions about whether Trump is essentially above the law being asked by the three liberal justices.
I think the display today of the questions by the court really caused the court to lose a great deal of credibility.
BRUNHUBER: Yes, and all of this could mean a significant delay. Likely it won't be decided before the election.
So before we go, I just want to ask you about another high profile case in the news. The New York Court of Appeals overturning Harvey Weinstein's conviction on sex crimes. His lawyer saying the ruling is a great day for America. What do you make of it?
MARTIN: I think it was a sad day for victims. Look, Kim, I've been involved in sexual harassment cases for more than two decades as a civil rights attorney. And I know how difficult it has been for women to find their voices, to come forward, to make claims, legitimate claims against rich and powerful men.
And the MeToo era in many ways changed that. And this was one of the foundational cases that really gave women a voice. I'm hopeful that this case will be retried and that the outcome will be the same. And I'm also somewhat comforted by the fact that Harvey Weinstein was also found guilty by a California jury and has been sentenced to 16 years.
So, no matter what happens in New York, he still will not be free from prison. So very disappointed in the New York appeals court. But this case, I think once retried, will have the same outcome. And women hopefully and victims will continue to have their voices and find their voices on these issues.
BRUNHUBER: Yes, absolutely. Well said. We'll have to leave it there. Areva Martin, thank you so much for joining us. MARTIN: Thanks, Kim.
BRUNHUBER: There's some progress reported in the standoff between Columbia University officials and pro-Palestinian protesters. School authorities say talks are continuing with student organizers to dismantle their encampment and disperse.
Meanwhile, the University of Southern California says security concerns have forced the cancellation of its main stage graduation.
Ohio State University officials say some demonstrators were arrested Thursday night after they refused to disperse. And at Emory University here in Atlanta, a CNN crew witnessed police using a stun gun on at least one protester. Twenty-eight people were arrested, including two professors.
CNN's Nick Watt has more on the pro-Palestinian protests, which are growing louder nationwide.
(BEGIN VIDEOTAPE)
NICK WATT, CNN CORRESPONDENT (voice-over): Pepper balls fired. And a lot of muscle.
CROWD: No. No.
WATT: Deployed against protesters at Emory in Atlanta.
CROWD: Move.
CROWD: It was an overwhelming amount of force against a group of college students.
WATT: Two professors among those arrested.
CROWD: I saw a large person seemingly assaulting one of our students, and that's upsetting.
WATT: The administration blames trespassers for the tents and the unrest. These individuals are not members of our community. They are activists attempting to disrupt our university. Emory does not tolerate vandalism or other criminal activity on campus.
This movement is mushrooming. A brand-new protest at Princeton.
UNKNOWN: Popular University for Gaza.
(CROWD CHEERING)
UNKNOWN: We are making history.
WATT: A protest encampment popped up at UCLA. After the violence and standoff across town at USC that led to nearly 100 arrests, this private university is closed to the public and USC just cancelled their commencement main stage event scheduled for May 10th, which usually draws 65,000 people. In Boston, at Northeastern University, police encircled the protest,
then backed off. Representative Alexandria Ocasio-Cortez has called Columbia's decision to call in the NYPD horrific on X.
Columbia decided to hold its students accountable to the laws of the school. The NYPD's chief of patrol replied, maybe you should walk around Columbia and NYU and listen to their remarks of pure hatred.
Fellow representative Ilhan Omar did visit Columbia with her daughter, who's been arrested and suspended during these protests, which kick- started this movement.
Talks with protesters continue. If they fail, say Columbia administrators, they will have to consider options for restoring calm to campus.
Here at UCLA, a growing but peaceful protest. I think they've learned from what happened at USC, where security and the police went in pretty heavy. Here at UCLA, almost zero visible police or security presence whatsoever.
[02:15:02]
What's a bit odd, though, is even if you're a student here right now, you can't walk across your campus because the protesters have put a barricade up around their encampment and you've got to register with them and wear a mask before they'll let you in.
Media not allowed in. And they're even trying to stop photojournalists from filming from outside in.
Nick Watt, CNN on the UCLA campus in Los Angeles.
(END VIDEOTAPE)
BRUNHUBER: Meanwhile, in Gaza, authorities say they've recovered nearly 400 bodies from mass graves at a hospital in Khan Yunis. Now, we just want to warn you, the video you're about to see is graphic and disturbing.
The Palestinian Civil Defense said on Thursday they concluded their search of three mass graves at Nasser Medical Complex. Some of the bodies were still wearing surgical gowns or hospital wristbands. Some allegedly had their hands and feet tied up.
The IDF denies it buried Palestinian bodies in mass graves and said Palestinians had dug a grave at the complex several months ago. The Gaza Civil Defense acknowledged around 100 bodies were buried at the complex before the IDF operation there.
Some Palestinians at the scene said they buried family members on the premises in January, but later returned to discover the bodies had been dug up and placed in a collective grave.
Israel is explaining its actions after one of its airstrikes in Gaza killed an aid worker, his son and other family members. Israel's ambassador to Belgium and Luxembourg says the aid worker and his family were staying at a house in Rafah that belonged to a senior Hamas operative who was the target of Thursday's strike. The ambassador didn't say whether the operative was killed.
After meeting with Belgium's foreign minister, the Israeli diplomat expressed regret over every innocent civilian lost.
The aid worker, Abdallah Nabhan, was an employee with Belgium's Federal Development Agency.
(BEGIN VIDEO CLIP)
JEAN VAN WETTER, CEO, ENABEL: What you see happening in Gaza over the last six months is one of the worst bombing of civilians that you have ever seen in the history of the world. We have been calling for that to stop.
The international community is asking for that to stop. So a feeling that we have done all what we could to avoid this death, but still a feeling that it's unjust, not fair. So, yes, sorrow and anger.
(END VIDEO CLIP)
BRUNHUBER: More than a dozen world leaders are urging Hamas to accept the terms of a ceasefire and hostage deal with Israel. Leaders of 18 countries, including the U.S. and the U.K., all signed on to this joint statement as they try to secure the release of their citizens.
It says in part, quote, "the fate of the hostages and the civilian population in Gaza who are protected under international law is of international concern. We emphasize that the deal on the table to release the hostages would bring an immediate and prolonged ceasefire in Gaza."
The parents of American-Israeli hostage Hersh Goldberg-Polin says they're hopeful the call will be a galvanizing force for captives, including their son, to be released. Hamas released an undated video of the Israeli-American on Wednesday.
(BEGIN VIDEO CLIP)
JONATHAN PPOLIN, FATHER OF HERSH GOLDBERG-POLIN: He doesn't look great. Coloring is off, but you'd expect that after 200 plus days in a tunnel. But he looks a little bit puffy. His face, his neck, his shoulders could be due to a number of factors.
But there's mixed, mixed emotions here. It lights a fuel. It lights a fire under us even more than we've already had to bring him and the other 132 hostages home as fast as we can.
(END VIDEO CLIP)
BRUNHUBER: Still ahead, Ukraine makes a big change in the way it finds new troops for its outnumbered military. Instead of lining up volunteers, military recruiters now resort to a new law.
And New York court's shocking ruling reopens a painful chapter in America's reckoning with sexual misconduct by people in power.
(BEGIN VIDEO CLIP)
UNKNOWN: Today's legal ruling is a great day for America.
UNKNOWN: This today is an act of institutional betrayal.
(END VIDEO CLIP)
[02:20:00]
(COMMERCIAL BREAK)
BRUNHUBER: Desperately needed ammunition is now headed for Ukraine after the U.S. approved a new batch of military aid for Kyiv. A senior U.S. defense official says the ammunition has been prepositioned in Europe and it's rapidly being shipped to Ukraine.
Kyiv's allies will also look into the possibility of sending more Patriot air defense systems, the official says. The topic will be discussed at Friday's virtual meeting of the Ukraine contact group.
Now Ukraine isn't just outgunned, it's also outnumbered. The country overhauled its inefficient mobilization laws this month to try to find more manpower for its military.
Our next guest put it this way in an op-ed. "Having weathered the initial emergency of war, Ukraine now needs to restructure its institutions and its society as it adapts to a potentially much longer conflict."
The new laws offer financial incentives and bonuses for volunteers. They make it harder for unregistered men of military age to get passports, but there's no time limit for how long recruits will serve, which infuriated some Ukrainians. One government official tried to explain why there's a shortage of recruits.
(BEGIN VIDEO CLIP)
OLEKSIY BEZHEVETS, RECRUITMENT ADVISER, UKRAINIAN DEFENSE MINISTRY (through translator): Let's recapture, there were queues to join the military at the beginning of the full-scale invasion. And now, to put it mildly, there are no queues. Somewhere at some stage, trust was lost. Right now, our task is to renew it.
(END VIDEO CLIP)
BRUNHUBER: All right, for more on this, I want to bring in Nataliya Gumenyuk. She's an independent journalist joining us from Guadalajara, Mexico.
Thank you so much for being here with us.
So turning the tide of the war isn't just about ammunition. It's also about manpower. And you've argued this mobilization represents a bit of a turning point for Ukraine, if I can paraphrase here from that immediate response to the war when so many rushed to volunteer to the realization that this will be a long slog and Ukraine needs to adapt. So explain how this mobilization law fits into that.
NATALIYA GUMENYUK, INDEPENDENT JOURNALIST: So, the mobilization law is just one of the points, because the people, any Ukrainian know that on an everyday basis for the last year, you know, somebody who has been summoned, it just makes it more organized system.
So, for instance, it made visible for the state's million of the internally displaced or the people who during the martial law, during the war, were not supposed to serve because they have some health conditions. For instance, not that serious, but still.
So it's, of course, is a push to organize. And as you mentioned, there are still some things which are not there, for instance, there is no demobilization for those who are serving for more than two years. But the most important is to understand that prior to the first Russian invasion in 2014, the Ukrainian army was around 70,000 people. Later, it was built up to for 300,000 people.
And since the full-scale invasion, it's over the million. And most of these people are regular civilians who, you know, never fought. We never really had a strong army. So, a lot of people joined.
But now the idea is that most of the Ukrainian men sooner or later should fight, should come to the army, but also there should be economy built in a way that it's capable to pay for that huge army of people. But also they need to have the ammunition to fight.
BRUNHUBER: Yes.
GUMENYUK: Because you don't need to have a lot of men who can fight because they don't have ammunition or for whom the state cannot pay.
BRUNHUBER: Central to the debate over mobilization, as we sort of touched on there, is how they balance keeping the troop numbers up, but also releasing some of those who serve for the past two years. I mean, they'd be losing so much invaluable battlefield experience there.
[02:24:56]
GUMENYUK: So that's exactly what the challenge. It was a long-awaited provision that those who joined the army, especially during the first days of the invasion, there is no procedure to be discharged legally because you should you're supposed to serve till the end of the war, till the end of the martial law.
So, it was highly debated. And of course, it's a huge dilemma for the military commanders because none of the trainings can substitute the combat experience. So, it was cited a way to a separate law, which we expect to be also then again, as always in Ukraine, debated in the parliament and would be passed in some of the months, maybe in autumn. But it was quite a quite a scandalous.
But I think like it usually happens in Ukraine, there is a debate in society, the situation calms down, people accept it. But that's, of course, an issue.
BRUNHUBER: Let me -- let me ask you about that. I mean, you say people accept it. You've conducted some focus groups on the response to all of these changes. Would it be fair to sum it up with one word fear?
GUMENYUK: No, it won't be. I think the fear is, of course, a very important issue. But it's rather how to make it fair, not fear, but how to make it fair. Who should serve? Because there is no any explanation why somebody has to risk his or her life and why somebody not.
So it shouldn't depend on the financial situation or on the education, because in the end, you know, every life is precious. So it's really how to build a fair system in which it would be equal for all people. But in the situation when it's really risky and it's really when the people's life are at stake.
BRUNHUBER: Fair, not fear. There you go. Nataliya Gumenyuk, thank you so much for joining us. Really appreciate it.
GUMENYUK: Thank you.
BRUNHUBER: The U.S. Secretary of State had some straight talk with his Chinese counterpart in Beijing. Antony Blinken met with China's foreign minister several hours ago. Blinken told him he wouldn't hold anything back about the U.S. differences with China while the Chinese diplomat warned the U.S. not to cross Beijing's red lines.
They spoke during Blinken's three-day visit aimed at improving relations. The U.S. secretary could meet President Xi Jinping later on Friday.
And for more, Kristie Lu Stout is in Hong Kong. So, take us through what happened here and whether anything concretely will come of their meeting.
KRISTIE LU STOUT, CNN CORRESPONDENT: Yes, this has been a very interesting diplomatic dance has been unfolding throughout the day, Kim. Look, earlier we did hear from Wang Yi. He delivered that warning to America's top diplomat to, quote, "not step on China's red lines."
And we have to remember that this visit by Antony Blinken to China comes at a very sensitive time, right after President Biden signed a bill to counter China's military might to defend Taiwan and a separate bill that could ban TikTok in the United States.
Now Blinken is back in Beijing to further shore up the U.S.-China relationship. He's also expressing strong concerns about Chinese support for Russia and its war in Ukraine, as well as Chinese overcapacity. And this morning he met with China's foreign minister. A working lunch began around 12:30 local time. That working lunch could still be underway. And pretty soon 2:40 he is set to meet with China's minister of public security.
Earlier today, Wang Yi characterized the U.S.-China relationship as a relationship that is at a crossroads. Take a listen to this. (BEGIN VIDEO CLIP)
WANG YI, CHINESE FOREIGN MINISTER (through translator): Should China and the United States keep to the right direction of moving forward with stability or return to a downward spiral? This is a major question before our two countries and tests our sincerity and ability.
(END VIDEO CLIP)
LU STOUT: Last year, Antony Blinken visited China to stabilize relations. Remember, that was during a time of peak tension on the back of the spy balloon incident. And since then, the friction has eased. But there is a list of unresolved issues.
And let's bring it up for you. And these issues include China's support of Russia and the war in Ukraine, China's assertions of sovereignty in the South China Sea. They include America's forced divestment of TikTok. The fate and future of Taiwan, especially as a new president, is about to be sworn in. Human rights, the flow of fentanyl, precursor chemicals, as well as trade and Chinese overcapacity.
That was discussed on Thursday in Shanghai when Blinken raised concerns about Chinese trade practices when he was meeting the top official in Shanghai.
Blinken's visit, it comes after the U.S. President Joe Biden and the Chinese leader Xi Jinping held that phone conversation in April. That was their first conversation since their historic summit in November. But whether Blinken will meet with Xi Jinping, that is an open question. Wait and see. Back to you.
BRUNHUBER: All right. Thanks so much, Kristie Lu Stout in Hong Kong. I appreciate that.
Four years after the infamous movie mogul Harvey Weinstein was found guilty of sex crimes, the New York court issues a staggering reversal. We'll have details on why next.
[02:30:02]
Stay with us.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
ASHLEY JUDD, ACTRESS & WEINSTEIN ACCUSER: This today is an act of institutional betrayal and our institutions betray survivors of male sexual violence, and we need to work within and without the systems to start having what is known as institutional courage.
TARANA BURKE, #METOO MOVEMENT FOUNDER: A lot of us felt, that we were on a road to seeing a different America, and this moment makes it feel like we were wrong.
(END VIDEO CLIP)
BRUNHUBER: Shock and anger following a court ruling overturning the New York conviction of Harvey Weinstein. The disgraced Hollywood producer was found guilty of felony sex crimes and sentenced to 23 years in prison.
Allegations against Weinstein for more than 100 women helped launch the #MeToo movement.
CNN's Jean Casarez has the details.
(BEGIN VIDEOTAPE)
JEAN CASAREZ, CNN CORRESPONDENT: The highest court in the state of New York is not saying that Harvey Weinstein is innocent of the crimes he was convicted of. What they are saying is that he was deprived his due process right and his right to a fair trial because the judge included so much evidence that should not have been a part of this case, focusing number one on the Molineux witnesses. These are the women the prior bad act witnesses that took the stand one by one to allege that Harvey Weinstein committed sexual crimes with them. They were not charged in the indictment. They were not part of what would go to the jury, and it can be allowed according to the opinion in regard to intent, Harvey Weinstein's intent or a pattern of behavior.
But the court said in its opinion that there were so many of these prior bad act witnesses, with so much they had to say many of them having long-term relationships, also consensual relationships, in part, in between, where they alleged sexual crimes were committed, that it amounted to witnesses show knowing his guilt and that wasn't fair.
[02:35:00]
Here is Arthur Aidala, the lead attorney for Harvey Weinstein. He was at his trial as one of the attorneys and lead attorney for his appeal. Take a listen.
ARTHUR AIDALA, HARVEY WEINSTEIN'S LAWYER: The witnesses were there only to make Harvey Weinstein look bad. That's the only reason why those witnesses were admitted, to show that he's a bad guy. He was tried on his character not on the evidence.
CASAREZ: In another part of the opinion, the justices also focused in on Weinstein's right to take the stand in his defense. They said a ruling by the judge would have allowed for cross-examination by prosecutors to focus on what all of the prior bad act witnesses testified to as well as other bad acts in his life that had nothing to do with sexual crimes just workplace situations that weren't favorable and the court said that this is not right because Weinstein may have not taken the stand because of that ruling and therefore the injury ways deprived of hearing important testimony they called it from the defendant himself.
Now, accusers of Harvey Weinstein have been stepping forward saying they disagree with this ruling, this is not good for the #MeToo movement, this is not good for the fairness of this situation but this is the highest court in New York and this ruling will stand.
Jean Casarez, CNN, New York.
(END VIDEOTAPE)
BRUNHUNBER: The mass beaching of whales has Australian wildlife experts scratching their heads when dozens of sea mammals were stranded on their shore. Stay with us.
(COMMERCIAL BREAK)
BRUNHUBER: Scores of people are dead in floods triggered by torrential rains in East Africa. In Tanzania, the prime minister says 155 killed in more than 200,000 have been affected, telling lawmakers that heavy El Nino rains, strong winds and landslides are to blame.
In Kenya, the U.N. says at least 32 people have been killed, Kenya has been coping with heavy rain since March the downpour's intensified over the past week, leading the flooding that affected more than a hundred thousand people.
Bittersweet story in Western Australia where rescuers successfully returned 130 whales to sea after they beached themselves, but sadly, more than two dozen of the mammals died.
Isa Soares has more.
(BEGIN VIDEOTAPE)
ISA SOARES, CNN CORRESPONDENT (voice-over): With a big heave-ho, a stranded whale is pulled to shore. Rescue teams rushed to Western Australia coast on Thursday to undertake a dramatic operation rescuing about 130 pilot whales after at least 160 were beached.
[02:40:02]
Although volunteers and wind life officials managed to rescue some to sea, the exercise was only partially successful after at least 28 died.
UNIDENTIFIED FEMALE: It's maybe a wakeup to humanity to see how we are treading the weather, how we are treating the planet.
SOARES: Animal behaviorists and marine scientists said survival rates for beached whales is low, surviving for only 6 hours on land before they start to deteriorate. But with mass stranding, it was the community spirit that shone through, as locals and officials work side by side to keep the wheels up bright and their blow holes clear and while the reason for their stranding continues to puzzle experts some theorize there may be noise disturbance or illness that caused the mass stranding but ultimately they just don't know.
HOLLY RAUDINO, SENIOR RESEARCH SCIENTIST MARINE FAUNA: Yeah, no initial idea what caused the stranding.
SOARES: And it's not only Australia where this mystery takes place. Last year more, than 50 whales died in a mass stranding event in Scotland after frantic efforts to revive the few were found alive yielded no results, officials today make the heartbreaking decision to euthanize them.
As for some of the lucky whales who survived the incident rescue teams said it was good news.
Isa Soares, CNN, London.
(END VIDEOTAPE)
BRUNHUBER: After celebrating the anniversary of the launch of the Hubble telescope to mark the equation, the agency released this new image. It shows the ring-shaped little nebula also known as M76. It's 3,400 light years away and made up of glowing gases ejected from a dying star. The nebula is one of more than 50,000 astronomical objects observed by the Hubble since it was launched on April 24, 1990.
All right. Thanks for joining me here on CNN NEWSROOM. I'm Kim Brunhuber.
"WORLD SPORT" is coming up next. And I'll be back in 15 minutes with more news.
(COMMERCIAL BREAK)
[02:45:00]
(WORLD SPORT)
