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CNN International: Trump Jury to Get Case Today; Closing Arguments Wrap Up in Historic Criminal Case; Rafah Attack and Biden's Red Line; Satellite Images Show Scale of Devastation from Landslide in Papua New Guinea; Macron: Kyiv Should be able to Neutralize Russian Treat. Aired 4-4:30a ET

Aired May 29, 2024 - 04:00   ET

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

[04:00:00]

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Our ammunition alone could not have ignited a fire of this size.

UNIDENTIFIED MALE: We don't want to see a major ground operation. We haven't seen that at this point.

UNIDENTIFIED MALE: If there is a goat of liars, it is Michael Cohen.

UNIDENTIFIED FEMALE: This case is not about Michael Cohen, it's about Mr. Trump. This scheme cooked up by these men at this time could very well be what got President Trump elected.

UNIDENTIFIED MALE: Cash rules everything around me. Green get the money. Dollar, dollar bill y'all.

UNIDENTIFIED FEMALE: Wu-Tang Clan secretly recorded the album and made only one copy kept in a hand-carved box.

UNIDENTIFIED MALE: From the slums of Shaolin, Wu-Tang Clan strikes again.

(END VIDEO CLIP)

ANNOUNCER: Live from London, this is CNN NEWSROOM with Max Foster.

FOSTER: Hello and a warm welcome to our viewers joining us from around the world. I'm Max Foster. It is Wednesday May the 29th, 9 a.m. here in London. It's 4 a.m. in New York where jury deliberations are expected to begin today in the historic hush money trial of Donald Trump.

Both sides wrapped up their closing arguments on Tuesday in the first criminal trial of a former U.S. president. Made for a long day in court, the defense spoke for just under three hours going after the credibility of some witnesses and urging jurors to consider reasonable doubt. Meanwhile, the prosecution spent more than four and a half hours walking the jury through all the evidence and timeline of events. The court heard from nearly two dozen witnesses over 21 days. Trump is required to be in the courthouse today as he has been for the entire trial.

The judge says it'll take about an hour to deliver the instructions for the jury and then deliberations will begin. CNN's Kara Scannell has further details on the closing arguments.

(BEGIN VIDEOTAPE)

KARA SCANNELL, CNN CORRESPONDENT (voice-over): This case is not about Michael Cohen, it's about Mr. Trump. The prosecution with the final word to the jury in the Trump hush money trial, the first criminal case ever brought against a former president.

Cleaning up some a star witness Michael Cohen's testimony after Trump's defense repeatedly painted him as a liar and thief who the jury could not trust.

The defendant chose Michael Cohen as his fixer because he's willing to lie and cheat on his behalf, lead prosecutor Joshua Steinglass said.

Mr. Trump chose Mr. Cohen for the same qualities that his attorneys now urge you to reject his testimony because of it.

The Manhattan District Attorney accuses Trump of conspiring to undermine the 2016 election by illegally falsifying business records to conceal a payment Cohen made to porn star Stormy Daniels to keep her quiet about an alleged affair.

Her story is messy, it makes people uncomfortable to hear but that's kind of the point. That's what the defendant did not want the American people to see, Steinglass said, referring to Stormy Daniels. It turned out to be one of the most valuable contributions anyone ever made to the Trump campaign, Steinglass told the jury, while ticking through evidence of another catch-and-kill deal involving former Playboy model Karen McDougal when Cohen recorded a conversation with Trump.

MICHAEL COHEN, FORMER TRUMP ATTORNEY: About how to set the whole thing up with --

DONALD TRUMP, 2020 PRESIDENTIAL CANDIDATE: So, what are we going to pay $150?

COHEN: -- funding. Yes.

SCANNELL (voice-over): Steinglass called the recording jaw-dropping and said of the catch-and-kill deals: This scheme cooked up by these men at this time could very well be what got President Trump elected.

DONALD TRUMP, FORMER U.S. PRESIDENT, 2024 PRESIDENTIAL CANDIDATE: This is a very dangerous day for Americans. A very sad day.

SCANNELL (voice-over): Trump's defense speaking first, something sources tell CNN the former president only recently realized and has been angry about.

TRUMP: Under the federal law I did nothing wrong.

SCANNELL (voice-over): Trump attorney Todd Blanche reminding the jury that at one time Stormy Daniels denied the affair she now says she had with Trump.

ANDERSON COOPER, CNN ANCHOR: So you signed and released a statement that said, I'm not denying this affair because I was paid in hush money, I'm denying it because it never happened.

That's a lie.

STORMY DANIELS, ADULT FILM ACTOR: Yes.

TRUMP: You know I'm automatically attracted to beautiful -- I just start kissing them.

SCANNELL (voice-over): Blanche claiming Daniels took advantage of Trump while he was running for president after the infamous Access Hollywood tape.

Ms. Daniels seized an opportunity. Now is the time to strike. Blanche said she thought.

After ticking through many of the characters in this case, trying to dent their credibility, Blanche became laser focused on Michael Cohen.

He lied to you repeatedly. He lied many, many times before you even met him, Blanche told the jury.

Michael Cohen is the gloat. The greatest liar of all time.

[04:05:00]

In a closing line that drew an objection from prosecutors and an admonishment from the judge, Blanche exclaimed: You cannot send someone to prison, you cannot convict somebody based upon the words of Michael Cohen.

SCANNELL: Steinglass finished his closing arguments after four hours and 41 minutes, telling the jury that the name of the game of concealment, all roads lead inescapably to the man that benefited the most, the defendant, former President Donald Trump, urging the jury to find him guilty.

Now, the judge sent the jury home at about eight o'clock Eastern Time in New York on Tuesday night. They will be back in court on Wednesday morning. The judge will instruct them on the law. That should take about an hour. And then jury deliberations will get underway.

Kara Scannell, CNN, New York.

(END VIDEOTAPE)

FOSTER: Let's now go to criminal defense attorney and former New York prosecutor, Bernarda Villalona. Thank you so much for joining us today, as ever, Bernarda. In terms of the timeline, could it be that the verdict happens today, then we get it today?

BERNARDA VILLALONA, CRIMINAL DEFENSE ATTORNEY: It's quite possible, Max. The one unknown always when it comes to jury trials and what's not predictable is when the jury, 12 members, 12 citizens are able to agree to a verdict. And if they are able to agree to a verdict, it could be a matter of minutes. It could be a matter of hours. It can be a matter of days. We just have to sit and wait.

This is the most nerve wracking part of any trial because we just have no idea as to what's going on in the minds of those 12 jurors. But we should be getting some kind of idea in the sense that we're reading tea leaves when they start sending out jury notes asking for clarification or read back of testimony.

FOSTER: It would only take one juror, wouldn't it, to disagree with the others to stretch this out?

VILLALONA: Yes, they can stretch it out. It's hard for 12 people that don't know each other to reach a verdict in the sense of that they have to believe that the prosecution proved that case beyond a reasonable doubt. And like you said, Max, it just takes one juror, one holdout for there to be a mistrial or for that person to actually possibly change the minds of the other 11 jurors.

So all we have to do is wait and see. But right now I'm actually nervous and I'm sure that a lot of people are nervous and on pins and needles to see what is going to be the verdict, the word, the decision of these 12 members.

FOSTER: What does reasonable doubt mean in your world, the legal world specifically?

VILLALONA: And that's usually the question that every juror has, is what is reasonable doubt? Because while the judge read a definition of what reasonable doubt is, people have their own understanding. They're like, it's not one standard as to that all 12 jurors are going to be like, that can be my reasonable doubt or that can be my reasonable doubt.

And that's why it's so interesting when the defense was putting their closing arguments before the jury that they listed 10 different reasonable doubts, but their reasonable doubt could be different for each and every juror.

So it has to be something where you're so firmly convinced as to the guilt of Donald Trump in order to get beyond that hump of beyond a reasonable doubt. It can't just be a mere assumption, something that you think might have happened. It has to be based on the evidence that's been presented.

FOSTER: They could have, you know, got beyond that point already, couldn't they? They could have their minds made up already. How common is that? VILLALONA: So it's usually common that jurors do have their minds made up, but throughout the trial, the judge lets them know they have to keep an open mind because they don't have the law yet. So it's not until the judge gives them the jury instructions where the judge tells them what the is, and how they are to apply the evidence to that law, that technically they shouldn't be reaching a decision because they don't know what the law is yet. So we'll just have to wait and see as to what they agree to.

Hopefully we'll get something by the end of today. But I honestly think that it's going to be at least a day.

FOSTER: OK. And in terms of Donald Trump's freedoms, how does that apply after today? What is he expected to do? And what can he do?

VILLALONA: So because the jury is going to be deliberating, there hasn't been a decision yet by the jury, his freedoms remain the same as it was originally set. So he's still free to be outside up until there is a verdict. If there is a conviction, meaning that the jury finds Donald Trump guilty of one or more of those counts, then the judge makes a determination as to whether Donald Trump should remain free pending the sentencing date, because things change once there's a verdict.

If there's a verdict of guilty, now the whole policy, the whole procedure has changed in the sense that the judge can say, I'm going to remand you, which means put you in custody pending your sentencing date.

[04:10:00]

But then again, the defense can also argue if there's a conviction, is that Donald Trump has been present for each and every of his court dates and that there is no risk of flight and that he does plan on being present for the time of sentencing.

Also, because there's no mandatory minimum, Max, meaning that he has to go to jail for any of these counts, the defense can argue that he can still face probation. So there's no threat of him not coming back to face his sentence.

FOSTER: Fascinating day. Bernarda Villalona, thank you so much for joining us with your usual insights.

The U.N. Security Council will meet today and one diplomat tells CNN that Algeria is circulating a draft resolution calling for an immediate ceasefire in Gaza and the release of all hostages.

It comes as Israel says it's looking into the deadly fire that killed at least 45 people in a displacement camp in Rafah on Sunday. The IDF says it's a strike targeting two senior Hamas officials may have unintentionally set off weapons stored in a nearby compound, which then caused the fire. A CNN analysis of the video from the scene shows Israel used U.S.-made munitions.

Two more strikes in Gaza have killed at least 29 people, according to the Gaza Health Ministry, and witnesses report seeing Israeli tanks deep inside Rafah's city center for the first time in this war. But these latest developments apparently aren't enough to change U.S. policy.

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UNIDENTIFIED MALE: So how does this not violate the red line that the president laid out?

JOHN KIRBY, WHITE HOUSE NATIONAL SECURITY COMMUNICATIONS ADVISOR: We don't want to see a major ground operation. We haven't seen that at this point.

As a result of this strike on Sunday, I have no policy changes to speak to. It just happened. The Israelis are going to investigate it.

(END VIDEO CLIP)

FOSTER: Meanwhile, protests broke out in major cities across Europe on Tuesday as anger mounts over the deadly Israeli strike on a camp housing displaced people in Rafah. This was the scene in London, as a large crowd gathered outside Prime Minister Rishi Sunak's house, calling on his government to stop arming Israel. In Italy, at least 1,000 protesters gathered at a main train station in the city of Bologna, causing delays across the region. A huge demonstration was also held in Paris.

Nada joins us now with the Israeli response. And they're clearly expressing regret. But, you know, in terms of an excuse, it hinges, doesn't it, on whether or not there was a, you know, some sort of weapons depot or something that triggered the wider fire that brought, you know, consumed so many civilians.

NADA BASHIR, CNN CORRESPONDENT: That is certainly the claim being put forward by the Israeli military at this stage. We know, of course, that Netanyahu, the Israeli prime minister, described this as a tragic error. And we heard yesterday from an Israeli military spokesperson saying that the Israeli military at this stage believes that Israeli munitions alone could not have ignited a fire of the size that we saw on Sunday evening. That the investigation which is being carried out by the Israeli military is looking into what they believe could have caused such a large fire, including the possibility of what they've described as a nearby weapons store.

This was, of course, an area densely populated with civilians. The Israeli military has said that they were carrying out aerial surveillance of this area ahead of that strike.

And despite that, of course, that strike continued to go on, despite the number of civilians there. Take a listen to what Daniel Hagari had to say yesterday.

(BEGIN VIDEO CLIP)

REAR ADMIRAL DANIEL HAGARI, IDF SPOKESPERSON (through translator): Despite our efforts to minimize civilian casualties during the strike, the fire that broke out was unexpected and unintended. The strike was conducted using two munitions with small warheads suited for this targeted strike. We're talking about munition with 17 kilos of explosive material. This is the smallest munition that our jets can use.

(END VIDEO CLIP)

BASHIR: Now, as you heard there, and as you've heard repeatedly from the Israeli military, they have said that they used precise munitions in what they've described as a targeted way.

CNN analysis carried out yesterday has shown that munitions made in the United States were, in fact, used in this deadly strike. We've heard from weapons experts who have been speaking to CNN saying that while these precision weapons munitions are designed to be used at pointed targets, any use of munitions in such a densely populated area carries the risk of, of course, civilian casualties. And that is certainly what we saw.

And as we know, the entirety of Rafah is densely populated, but in particular, this neighborhood, this area in Tal al-Sultan, in Rafah, was filled with thousands of tents housing civilians. So those risks were certainly very, very high.

FOSTER: So the risk then for Americans or the American government is being seen as complicit in this by supplying the weapons. We've got the Security Council meeting today calling for a ceasefire, but realistically, what's going to come out of that?

[04:15:00]

BASHIR: Well, we've seen repeated attempts now and of course, for a ceasefire from members of the U.N. Security Council. There will certainly, all eyes will certainly be on the United States reaction.

We heard from the Biden administration already saying that they don't believe that this attack on Sunday evening crossed that red line for President Biden. But there has certainly been a huge amount of outrage from members of the international community.

We know, according to a U.N. official, that Algeria has circulated a renewed resolution called for a ceasefire, for the release of hostages and for Israel to end its military operations, including in Rafah.

We've heard from the U.N. ambassador for France saying that it is high time for the U.N. Security Council to take action and to adopt a new resolution.

Of course, this comes less than a week after the International Court of Justice ordered Israel to end its assault, its operation and offensive in Rafah.

Clearly, that is not the case, and we've been hearing from eyewitnesses on the ground yesterday telling us that they're already seeing Israeli tanks now in the center of Rafah. Whether that marks a change for members of the U.N. Security Council, that remains to be seen.

FOSTER: OK, Nada, thank you. We're watching.

A temporary pier constructed by the U.S. military to transport much- needed aid into Gaza has broken apart and sustained damage in heavy seas. CNN's Natasha Bertrand has the details from the Pentagon.

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NATASHA BERTRAND, CNN CORRESPONDENT: A key part of the U.S. military's floating pier off the coast of Gaza that was meant to serve as a launching point to get humanitarian aid into the besieged enclave is now not operational after being damaged in heavy seas over the weekend. It is being moved back to the port of Ashdod in Israel, where it is going to be undergoing repairs that are going to take at least a week, according to the Pentagon deputy press secretary.

Now, this pier project has been really beset with issues since it became operational just over a week ago. It was originally delayed because of bad weather conditions, and then last weekend, army vessels that were attached to the pier were actually also impacted by heavy seas and bad weather conditions and were beached along the coast of Israel and Gaza.

And so this has been a very complex mission, one that involved over 1,000 U.S. troops constructing it over the last two-plus months off the coast of Gaza. And it only became operational a little over a week ago.

And in the span of a short amount of time, really, the Pentagon insists that they did manage to get over 1,000 tons of aid into Gaza, something that they say made the project worth it alone.

But still, this is a very, very expensive mission, costing over $320 million, and of course, a very risky one, involving this 1,000-plus U.S. troops right there off the coast of Gaza and potentially in harm's way.

So it remains to be seen just when this pier is going to be back up and running. But the Pentagon says they do expect to put it right back where it was over the last week and hope that it becomes fully operational again within the next several days, if not about a week from now.

But again, you know, this is a mission that aid groups were deeply skeptical of. They want to see those land routes open rather than just this maritime corridor. But the Biden administration, for its part, insisting that this maritime aspect of this humanitarian mission was always meant to be supplemental to those land routes and not replace them entirely. And as of right now, they say it is working, at least partially, to get much-needed humanitarian supplies into Gaza.

Natasha Bertrand, CNN, at the Pentagon.

(END VIDEOTAPE) FOSTER: India's joining Australia and New Zealand in pledging aid to Papua New Guinea as the country grapples with the aftermath of a massive landslide. Indian officials say New Delhi will provide an immediate assistance of $1 million to support relief and reconstruction efforts. Meanwhile, new satellite images reveal the magnitude of Friday's landslide, which has left as many as 2,000 people buried under the rubble.

CNN's Anna Coren has more.

(BEGIN VIDEOTAPE)

ANNA COREN, CNN CORRESPONDENT: Last week's deadly landslide in the highlands of Papua New Guinea, that is feared to have buried alive more than 2,000 people, is still active and growing, according to government officials, triggering mass evacuations in the area. The PNG defense forces have told more than 7,000 people to leave as the threat to life continues.

It comes as villagers and emergency crews try to dig through the debris, which officials say stretches over nine hectares, more than nine football fields, and is six to eight meters deep, in earth, rubble and boulders, some as large as shipping containers.

Heavy earth-moving equipment has reached the area but is unable to be used on the site due to the instability. The densely populated village that was hit on Friday at 3 a.m. while people slept was located on a highway, the lifeline of the region, which locals say had more than 100 homes, shops, a school, church, gas station and a lodge. All of it is now buried.

The people who lived there were mainly subsistence farmers.

[04:20:00]

A handful of bodies have been recovered so far and funeral processions have begun. U.N. officials who visited the site said the community is grieving and still in total shock.

MATE BAGOSSY, UNDP HUMANITARIAN COORDINATION SPECIALIST: They are mourning their dead and they are looking forward to receive some assistance which is already coming. But I think the main question is right now the population is caught between the trauma of what just happened and the uncertainty about the longer term future.

COREN: Basic aid, food and clean water has reached the area but more humanitarian assistance, medical supplies from the U.N., NGOs, Australia and New Zealand should be arriving in the coming days along with engineering specialists to provide technical support over what has tragically become a mass grave.

Anna Coren, CNN, Hong Kong.

(END VIDEOTAPE)

FOSTER: The death toll from Tropical Cyclone Ramal, which lashed coastal India and parts of Bangladesh on Monday, is up to 51 now. It's a weekend to a depression, but it caused widespread damage in both countries, flooding roads and leaving millions without power. The storm also caused landslides in parts of India, killing at least 27 people.

At least two dozen people have died in the U.S. from severe storms and powerful tornadoes since the weekend. And the threat isn't over. The latest death was reported in Texas on Tuesday when a house under construction collapsed.

High winds and rain battered cities all over the state with nearly 200 reports of severe weather. At one point, more than one million customers lost power on Tuesday, according to PowerOutage.us. And we're hearing that these outages could last for days. The National Weather Service shows parts of Texas still under severe thunderstorm watches and warnings.

Now coming up, more of Ukraine's European allies say Kyiv should be able to strike inside Russia before Moscow launches more deadly attacks like this one in Ukraine.

Plus, the party of Nelson Mandela has been in power for three decades in South Africa. But today's election could change that.

And later, where you'd have to go to hear the rare Wu-Tang album that took six years to record.

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FOSTER: France and Germany say Ukraine should be able to defend itself fully from Russian attacks even if it means striking military targets inside Russian territory. Russia warns that could lead to a global conflict. But German Chancellor Olaf Scholz and French President Emmanuel Macron say Ukraine is well within its rights to do so under international law.

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EMMANUEL MACRON, FRENCH PRESIDENT (through translator): Ukrainian soil is being attacked from bases in Russia so how do we explain to the Ukrainians that we're going to have to protect these towns and basically everything we're seeing around Kharkiv at the moment if we tell them you are not allowed to hit the point from which the missiles are fired.

(END VIDEO CLIP)

FOSTER: Well Ukraine and some of its NATO and EU allies are urging Washington to change its policy regarding strikes on Russian territory. Here's how the U.S. is responding.

(BEGIN VIDEO CLIP)

KIRBY: We're aware of the interest that President Zelensky has expressed in this regard. I would tell you that there's no change to our policy at this point. We don't encourage or enable the use of U.S. supplied weapons to strike inside Russia. I would note that the Ukrainians have in the past defeated imminent air attacks such as some of the ones that have occurred in the last few days on their own since the war began.

(END VIDEO CLIP)

FOSTER: Well Ukraine's president is urging Western allies to speed up delivery of F-16 fighter jets as well as getting Ukrainian pilots trained to use them. Volodymyr Zelenskyy was in Belgium on Tuesday where he signed a new security agreement to provide Ukraine with 30 F- 16s by 2028, the first of which will be delivered this year. But again under Western policy those jets can't be used to strike inside Russia despite Ukraine's pleas.

(BEGIN VIDEO CLIP)

VOLODYMYR ZELENSKYY, UKRAINIAN PRESIDENT (through translator): We can see the places of arms, even from reconnaissance you get maps, satellite images. You see, you see where they stand but you cannot respond. I think it's unfair but we cannot, and this is a fact, risk the support of partners and that is why we do not use the weapons of our partners on the territory of the Russian Federation. Please give us the opportunity to retaliate against their military.

(END VIDEO CLIP)

FOSTER: President Zelensky was also in Portugal on Tuesday which became the 12th country to sign a bilateral security deal with Ukraine under the joint declaration adopted by the G7 which was last July.

Now Georgia's parliament has voted to override the president's veto against the Moscow-style foreign agents bill meanwhile clearing the way for it to be signed into law. The bill requires organizations receiving more than 20 percent of their funding from abroad to register as foreign agents or face massive fines.

A similar law in Russia has been used to stifle dissent and crack down on civil society. The EU and U.S. have both condemned the Georgia bill. Its introduction more than a year ago led to massive protests which continue to this day.

Now voting underway in South Africa, the country's president says his party will do better but his promises may be too little too late.

Plus, China shows off its latest advancement in urban combat, a rifle- toting robot dog.

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