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Supreme Court Extends Access To Abortion Drug While Considering Case; Twenty-One-Year-Old Airman Charged With Leaking Pentagon Secrets; Court Docs: Suspect And Bob Lee Appear To Have Argued Before Murder; Japanese PM Evacuated After Explosion, Suspect Arrested; CNN: Special Counsel Asking Witnesses If They've Been Improperly Influenced In Trump Classified Docs Case; Unsealed Documents Show Racist Comments, Threats Of Violence From Man Convicted Of Killing BLM Protester. Aired 8-9a ET

Aired April 15, 2023 - 08:00   ET

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

[08:00:00]

UNIDENTIFIED MALE: Jalapeno. In Monterrey, we make Carne Salada because, well, always.

EVA LONGORIA, "SEARCHING FOR MEXICO" HOST: Always.

UNIDENTIFIED MALE: If there is a birthday for someone, there is Carne Salada. If there is a funeral for somebody, there is Carne Salada. Football, soccer championship, Carne Salada.

LONGORIA: And Eva is here so Carne Salada. That's (speaking in foreign language).

(END VIDEOTAPE)

AMARA WALKER, CNN ANCHOR: (Speaking of Foreign Language). All right, make sure to catch an all new episode of Eva Longoria Searching for Mexico tomorrow night at 9:00 p.m. Eastern right here on CNN. Guess what, CNN this morning continues right now.

Hello, and welcome to CNN this morning. It is Saturday, April 15th. I'm Amara Walker.

VICTOR BLACKWELL, CNN ANCHOR: I'm Victor Blackwell, thank you for being with us this morning. We were just watching a bit of Eva Longoria in what she's eating. And we've just been talking about food during the break. Yes, talking about specific pizza, caramelized onions.

WALKER: What's your favorite?

BLACKWELL: Anchovies.

WALKER: What?

BLACKWELL: Or caramelized onions.

WALKER: I'm with you on the caramelized onions, that's sweet. BLACKWELL: Not together.

WALKER: Not together. Not with anchovies, no, no, no, no.

BLACKWELL: All right, here's what we're watching for you today. President Biden weighing in on the Supreme Court's decision to temporarily extend access to an abortion drug while it considers the case the next steps in the process and why next Wednesday could prove to be a pivotal day in the abortion fight.

(BEGIN VIDEO CLIP)

MERRICK GARLAND, U.S. ATTORNEY GENERAL: This is not just about taking home documents.

(END VIDEO CLIP)

WALKER: A 21-year-old airman charged in connection with the leak of classified documents appeared in front of a federal judge Friday what we're learning about him and the questions being raised about who should have access to classified information.

BLACKWELL: There are new details in the fatal stabbing of Cash App founder Bob Lee what we're learning about the timeline surrounding the stabbing and how the two may have known each other.

(BEGIN VIDEO CLIP)

DONALD TRUMP, FORMER PRESIDENT OF THE UNITED STATES: I was proud to be the most pro gun, pro Second Amendment President you've ever had in the White House.

UNIDENTIFIED MALE: I want each and every one of you in protection of what we all know, is common sense.

UNIDENTIFIED MALE: I am a concealed weapons permit holder myself.

(END VIDEO CLIP)

WALKER: Republican presidential hopefuls descend on the NRA convention in Indiana to pitch themselves as the most pro Second Amendment but not all of them got a warm reception.

Women and health care providers across America can still access for now one of the most common abortion drugs this morning. Last night the Supreme Court temporarily halted a ruling from a federal judge and Texas. Justice Samuel Alito extended access to the abortion drug with mifepristone while the full court considers an emergency appeal filed by the Biden administration and a drug manufacturer.

BLACKWELL: Significant restrictions on mifepristone had been set to go into effect early this morning. But now that's been pushed back to month to midnight Wednesday night, depending on what the justices decide. A President Biden talked about the situation this morning.

(BEGIN VIDEO CLIP) JOE BIDEN, PRESIDENT OF THE UNITED STATES: I think it's outrageous what the court has done relatively to truly the match. They're going to overrule the FDA whether something says no, I think, it's -- other than Maine. And but we'll see what happens. We'll see.

(END VIDEO CLIP)

BLACKWELL: CNN Supreme Court Reporter Ariane de Vogue joins us now. Ariane, should people glean anything from the decision to put a pause on this?

ARIANE DE VOGUE, CNN SUPREME COURT REPORTER: No, that decision didn't forecast how the justices are going to eventually rule. But what Justice Samuel Alito did is he put in place what's called an administrative state. And all that does is freeze the lower court opinion for now, basically, to give these justices time to get read in, to read the briefs, to catch up with all that has been going on. He set that deadline now for Wednesday.

But no, it does not forecast how the justices will eventually rule. It's just a temporary measure to give them a chance to catch their breath. And of course, they're considering, as you said, this emergency petition from the Biden administration from manufacturers of the drug who say, look, that lower court got it wrong.

Those restrictions should not remain in place if the lower court opinion is allowed to stand for instance, labeling will have to change to show that women can only access that drug up to seven weeks of pregnancy instead of 10 weeks that they'll have to come in personally to have it administered instead of being able to get it by mail.

So basically what that lower court opinion did is make it much more difficult for women to access this drug. So what they're asking the Supreme Court to do by Wednesday is either freeze the opinion while the entire appeals process plays out for months in the lower court or alternatively they made a bold as they said to the Supreme Court, look, bypass the lower court all together take up this case yourself, decide the issue by this spring.

[08:05:13]

Because keep in mind medication abortion now, it is the procedure that is most years used by the majority of women seeking abortions. So the Supreme Court now is going to consider whether or not the FDA had the authority here. And it comes just a year after the Supreme Court overturned Roe v. Wade. So that's what they're discussing and they're thinking about right now they'll issue an opinion Wednesday.

WALKER: All right, of course, as so many people are watching this closely, because this has real life impacts on so many women. Ariane de Vogue, appreciate it. Thank you very much.

Ongoing legal challenges to abortion rights across the country have forced medical professionals who run clinics that provide abortions to adjust how they operate. Joining me now is the founder and president of Whole Woman's Health, a privately owned abortion provider. It operates clinics from New Mexico to Maryland. It offers abortion medication by mail. Welcome to the show. First off, how are you and your staff navigating these latest court decisions? And what are you telling your patients?

AMY HAGSTROM MILLER, FOUNDER, PRESIDENT AND CEO, WHOLE WOMAN'S HEALTH: Thank you so much for having me. You know, it is really frustrating to have so much uncertainty and so much back and forth, not only in the court systems, but really all over this country since Roe v. Wade fell nine months ago. We're coming with a very clear message. Our clinics are still open. People can still get access to safe abortion where abortion is protected.

And we can offer abortion with mifepristone and misoprostol still, which are the two medications that are approved by the FDA and then have been in play in this country for over 23 years. More than 5 million people have used mifepristone to terminate their pregnancies very safely and effectively in this country. And so trying to have a simple message for our patients, because they have been through so much uncertainty and change, they're traveling hundreds of miles, in some cases, in order to get abortion care.

And so, you know, lots is up in the air, the staff and the patients are confused or have uncertainty. And, you know, that's part of the intent with abortion regulations and abortion nurses like this.

WALKER: And it's been just really amazing to see how your company has been so nimble and tenacious, especially navigating this post road landscape. Do you have a backup plan? Or what is the contingency plan come Wednesday? Right now, women have full access to mifepristone until potentially, you know, there's a decision made at this Supreme Court level or if it's thrown back to the States. I mean, what's your -- what are you planning right now?

MILLER: Sure, so at Whole Woman's Health and at most abortion providers in this country, we have lots of backup plans. Unfortunately, being an abortion provider in the American South and in the Midwest, for decades now, we've always had to have multiple levels of backup plans because there has been regulatory interference and restrictions, like abortion bans and delays et cetera for a long time.

So for those of us working in this abortion space, there's a trajectory, you know, the Roe v. Wade overturn things like six week bans, things like this kind of restriction don't surprise us because we know that the anti-abortion forces want to end abortion by any means that they can and that they're not satisfied only with overturning Roe, that they're interested in restricting abortion access for everyone in this country, even if you live in some of the places where I think people think abortion is protected, you know, on the coasts in some of the more progressive communities.

And so we are trying to center abortion as part of regular medicine. Abortion is essential medicine. We've learned that during the pandemic, and just trying to get people access to safe abortion as early in their pregnancy as possible and with clarity and ready to cut through this misinformation. WALKER: And, you know, so many abortion providers like you have had to jump through so many hoops, right? And case in point, you just opened a Whole Woman's Health just opened a new clinic in New Mexico, I think three weeks ago if I'm correct, and that's because Whole Woman's Health had to close four clinics in Texas after Roe v. Wade was overturned by the Supreme Court. What is your biggest concern right now if the availability access to Mifepristone is restricted in some way?

MILLER: So yes, we're opening in New Mexico. And we did have to close those four clinics in Texas. And we're also open in Minnesota and Virginia and Maryland. And my biggest concern is that people won't get access to the safe abortion care that they deserve. that in this country which stands for human rights injustice according to sort of how our country was founded that we're seeing restrictions on one of the most common and safest parts of our healthcare system, just because a small group of people's feelings and beliefs, and those people happened to be in power right now.

[08:10:18]

I think what we've seen is that abortion and access to safe abortion is incredibly popular and valued by the majority of people in this country. And so we've got to make sure to have access to mifepristone, like you've been talking about, it's one of the most common and it's also the preferred method of abortion care for many people in this country.

The majority of folks that we serve, choose to have abortion with pills and choose to have abortion with mifepristone and misoprostol. And like I said, we've had millions of people in this country end their pregnancy safely and effectively using this medication. And so what's at stake here is radical and it's extreme. And it also doesn't represent what the majority of people in this country want and what we value.

WALKER: Amy Hagstrom Miller I don't think I mentioned your name off the top. So Amy Hagstrom Miller, I'll say it twice, thank you so much for your time with the Whole Woman's Health.

MILLER: Yes.

WALKER: Thank you.

BLACKWELL: A 21-year-old Air National Guardsman has been formally charged with leaking top secret information. Jack Teixeira appeared in court yesterday and is charged under the Espionage Act. His arrest caps off a furious week long scramble to find the source of the leak. It also raises questions about who should be able to get access to classified information. CNN senior national security correspondent Alex Marquardt joins us live now from Washington. Alex, good morning to you. What more are we learning about Teixeira?

ALEX MARQUARDT, CNN SENIOR NATIONAL SECURITY CORRESPONDENT: Good morning, Victor. Well, it appears that Teixeira knew that his world might soon come crashing down. In this affidavit that was unsealed in court just yesterday, the government revealed that Teixeira had searched on his government computer for the word leak, appearing to look for classified information about the hunt for this leaker.

Now, Victor, that was on April 6th, so last Thursday, that was the day that many of these classified documents came to light. That was the first day that we understand Secretary of Defense Lloyd Austin got a briefing and that was exactly a week before Teixeira was eventually arrested at his parent's home just south of Boston.

Now we know that many of these documents and there are hundreds of them were online on at least two different servers of this social media website, Discord, for months. So the question now is, how and why did Teixeira have access to this kind of information?

Now, he was part of what is known as the 102nd intelligence operations wing, that is a military outfit based out of Massachusetts that provides intelligence products for senior military commanders around the world on all types of intelligence subjects. And t Teixeira himself his title was cyber defense operations journeyman. That is military speak essentially for IT support. But because the networks are so sensitive, the information on these networks are so sensitive, you can't just have a normal IT person looking at them.

So that's why he had access to such sensitive information. But it does raise the question about why so many thousands of people within the U.S. military have access to this kind of information. Those questions are certainly going to be addressed in the coming weeks and months. And there are also going to be assessments that could take quite some time about the impact on national security of these hundreds of classified documents secret and top secret that are now publicly available. Victor?

BLACKWELL: Alex Marquardt, with the reporting and setting the table for a conversation. Thanks so much. Let's talk now with former federal prosecutor Elliot Williams and Shawn Turner, former director of communications for U.S. National Intelligence. Gentlemen, good morning to you.

Shawn, let me start with you. And this cyber transport systems journeyman. Alex explained why he had access to this information. Can you do the job well, without it as this audit of who has access begins?

SHAWN TURNER, FORMER DIRECTOR OF COMMUNICATIONS FOR U.S. NATIONAL DEFENSE: Victor, good morning. Thanks for having me. You know, the vast majority of our military is between the ages of 18 and 24. And so there are lots of young people like this young man who are doing this kind of work. The truth is, Victor, they can't do this kind of work without access to classified information. So we have to let young adults have access to this classified information.

The challenge that we have is when you're that age, look, your worldviews your, you know, the person that you're going to be is not fully formed. The challenge that we have is that we really need a process of continuous evaluation, more frequent evaluation of these young people so that we can make sure over time that they remain appropriate to have access to classified information.

We need to randomly take a look at things like their social media activity, their finances, their group affiliation between the ages of 20 and say 25 so that we understand whether or not as they sort of come into adulthood, they're getting involved in things that would necessarily suggest that they should no longer have access to that information.

[08:15:17]

BLACKWELL: Important. Elliot, let me come to you. I had a conversation this morning with former House Intel Chairman Mike Rogers, who said that, in addition to these charges, unauthorized retention and transmission of National Defense Information and unauthorized removal of classified information and defense materials, he has, I guess, the hunch that there are more charges coming? Do you have anything more than a hunch, an expectation that you base potentially more charges for to share coming?

ELLIOT WILLIAMS, CNN LEGAL ANALYST: I don't know if they'd be different charges per se, Victor. But what I do think is that there could be multiple charges of those individual statutes. Now, what prosecutors did and investigators did was identified two crimes, that t could form the basis for his arrest. Now he can be charged with multiple instances of those crimes. So for instance, on that mishandling of Defense Information charge, each document or each instance of having disclosed information could itself be a separate charge.

So if it's hundreds and hundreds of documents, he could technically be charged on account of each one of those documents, each one that would carry a 10 year maximum prison sentence that could be stacked upon the other ones. Now, look, no one is getting the statutory maximum for virtually any crime in America. And it would be pretty burdensome, to charge someone with hundreds and hundreds of years of potential prison time. But it could happen. And I think if any charges are added, that's my guess as to how they play out.

BLACKWELL: Shawn, you mentioned that the intel community needs to do these reviews of especially 20 to 25-year-olds, and potentially, the likelihood that some, I guess, characteristics or indicators would suggest that they might leak information. So what is happening without that infrastructure in place now, what's likely happening in these divisions like the state intel wings in which Teixeira work to review potential vulnerabilities of classified information?

TURNER: Yes, Victor, you know, the system really is somewhat antiquated system. When I was first receiving security clearance as a young Marine, I received that security clearance. And it was five years before any officials took another look at my appropriateness for maintaining that security clearance. Now, over time, we have gotten to a point where we recognize a need to take more frequent looks.

But it's still the case that at some of these smaller units, and because of a lack of personnel investigators to do these investigations, it's still the case that we have individuals, the vast majority of individuals who receive a security clearance at the secret level, are getting an investigation.

And then five years later, they're getting another look. That process is problematic, as I said, particularly, particularly when you are young. And, you know, Victor, if we take a look at the other two major security leaks that we've had, over the past couple of decades, Manning and Snowden and then we look at this leak, there are similarities in these young people. You know, we're talking about young people who were disillusioned with either some aspects of what was happening in the military or happening in government, or the solution was something that was happening in our society.

So there are signs there, there are indicators there that would tell us that these individuals perhaps should be pulled back on having a security clearance. We just have to put the resources in the time and to getting out of that five year cycle and focusing more frequently on investigations during those periods when people are growing up essentially.

BLACKWELL: Elliott, looking forward here with the prosecution. Sometimes when you simply plead guilty to the charges, you can work a deal. Is that applicable to charges under the Espionage Act?

WILLIAMS: One can always, quote unquote, work a deal. And frankly, our system is built in such a way that there's a huge incentive for defendants to plead guilty. Some activists or advocates call it the trial penalty. You're going to get a worse sentence IF you go to trial and get convicted. Then if you were to plead guilty, it may be in the defendants interests, quite frankly, to plead guilty here based on what looks like the evidence that he's going to face.

So much of it, Victor, is electronic. So there -- it's not really contestable evidence, so he can get a lot of time if he goes to jail. It's probably his interest to plead guilty.

BLACKWELL: All right, Elliot Williams, Shawn Turner, somebody's screen grab this shot for me, three bald black men on television talking about national security. This has to be a moment in black history, somebody send it to me. All right thank you gentlemen.

[08:20:07]

WALKER: It wasn't the bald heads that, you know, caught my attention, it was the handsome three black men.

BLACKWELL: Well said.

WALKER: GOP presidential hopefuls flocked to the NRA convention to sell themselves as the most pro Second Amendment candidate. Their pitch to attendees as a 2024 race starts to heat up.

Plus, a suspected attack on the Japanese Prime Minister, a man is arrested after throwing what appears to be a smoke bomb during the Prime Minister's speech. We'll tell you more about that when we come back.

(COMMERCIAL BREAK) WALKER: Cash App founder Bob Lee appeared to have gotten into an argument with a man accused of killing him right before he was stabbed to death.

BLACKWELL: Yes, court record show Lee and the suspect Nima Momeni were connected through the suspect's sister. CNN's Veronica Miracle explains the timeline of the events that led up to Lee's death.

[08:25:0]

VERONICA MIRACLE, CNN CORRESPONDENT: Victor, Amara, in a newly filed motion to detain, the district attorney here in San Francisco lays a clearer picture as to exactly why they believe Nima Momeni is the one who killed Bob Lee. It describes the two of them as having been together at some point in the night before Bob Lee was killed and having some kind of altercation.

Now exactly what they were fighting about and what the motive is, that is still unclear. The district attorney says this is still an ongoing investigation. They are 10 days into this and they are still working out some of those details and it is still developing. But she did say they have a clearer picture as to what happened in the moments before the stabbing took place because of surveillance video. Hear what she had to say.

(BEGIN VIDEO CLIP)

BROOKE JENKINS, SAN FRANCISCO DISTRICT ATTORNEY: The two men left and apartment in Millennium Tower prior to the stabbing, together. They got into Mr. Momeni's vehicle. Mr. Momeni was driving. They ended up in the area of the stabbing and that is where they exited the vehicle. And approximately five minutes later is when the stabbing took place.

(END VIDEO CLIP)

MIRACLE: Momeni was supposed to be arraigned on Friday, but that has since been continued to April 25th. He did appear in court and his family was in the front row including were told his sister as well as an older woman who both held their hands up in the shape of a heart as he entered the courtroom. He acknowledged them and smile but said few words through the very quick hearing. His attorney who's representing him did have a few words to say to the media. Here's what he had to say.

(BEGIN VIDEO CLIP)

ROBERT CANNY, ATTORNEY FOR NIMA MOMENI: The facts will come out what is basically in the press and what's being said the accurate as far as what occurred will come out in terms of time.

(END VIDEO CLIP)

MIRACLE: Momeni is facing a murder charge as well as the special enhancement for using a knife in this crime. According to the district attorney, she says he is facing 26 years to life in prison. Victor, Amara? WALKER: Veronica Miracle, thank you.

The National Rifle Association kicked off its annual conference Friday in Indianapolis just days after tragic mass shootings in Louisville and Nashville.

BLACKWELL: Former President Trump spoke along with other 2024 GOP hopefuls who vowed to protect the rights of gun owners in America. CNN national correspondent Kristen Holmes has more on what the speakers at the event had to say.

(BEGIN VIDEOTAPE)

TRUMP: I was proud to be the most pro gun, pro Second Amendment president you've ever had in the White House.

SEN. TIM SCOTT (R-SC): I will stand with each and every one of you in protection of what we all know is common sense.

NIKKI HALEY, PRESIDENTIAL CANDIDATE: I am a concealed weapons permit holder myself, my husband is a hunter and we value the fact that citizens have the right to protect themselves.

KRISTEN HOLMES, CNN CORRESPONDENT (voice-over): The National Rifle Association Convention highlights the sway the NRA still holds with the Republican Party, even amid a rise in mass shootings in the U.S., including those in Kentucky and Tennessee in recent days.

MIKE PENCE, FORMER VICE PRESIDENT OF THE UNITED STATES: I know I speak with everyone here, when I say that our hearts and our prayers are with all the families that suffered loss and injury in these unspeakable attacks.

HOLMES: Former Vice President Mike Pence called for mass shooters to be punished more quickly.

PENCE: I believe the time has come to institute a federal death penalty statute with accelerated appeal to ensure that those who engage in mass shootings face execution in months, not years.

HOLMES: Several contenders suggested policymakers should focus on expanding mental health resources and armed guards to protect schools.

ASA HUTCHINSON, FORMER ARKANSAS GOVERNOR: If you're going to protect children, you need to have armed personnel to protect the children.

GOV. CHRIS SUNUNU (R-NH): We know the crux of these issues. It's undiagnosed mental health. It's a lack of opportunity in schools.

HOLMES: Former President Trump delivered the closing remarks at the forum, promoting his actions to expand gun rights while in the White House.

TRUMP: I fought Obama's unconstitutional effort to ban 3D printed guns. I stood up for our hunters, fishers and sportsmen like no other president has ever done before. HOLMES: Appearing via a video, Florida Governor Ron DeSantis, who is seen as Trump's top rival for the nomination, touted his efforts to expand gun rights in the sunshine state.

GOV. RON DESANTIS (R-FL): As governor, I've resisted calls to take up gun control even when such a stand is superficially unpopular, because I understand that it is precisely at those moments when a right is unpopular. That it needs true champions.

HOLMES: The conference also marks the first time Trump and Pence have appeared in person at the same event after their public split following the January 6th attack on the U.S. Capitol, as the two former allies appear on a collision course in a 2024 GOP primary.

(END VIDEOTAPE)

HOLMES: And the former president didn't just tout what he did in the White House. He also talked about what he would do if elected president again in 2024, including calling for national concealed carry reciprocity, which, in addition to being extremely difficult to pass, would obviously be incredibly controversial. Amara, Victor?

[08:30:04]

BLACKWELL: Kristen Holmes for us there in Indianapolis. Thank you so much.

Still to come, scary moments in Japan. The country's Prime Minister was evacuated unharmed, after an explosion at a venue where he was giving an outdoor speech.

(COMMERCIAL BREAK)

BLACKWELL: Let's go to Japan now where authorities have arrested a 24- year-old suspect after a frightening explosion at the Wakayama city earlier today. That's where Prime Minister Fumio Kishida was due to give a speech.

WALKER: Now Kishida was evacuated unharmed. The man arrested is being questioned by police. Here's CNN's Marc Stewart with more from Tokyo.

MARC STEWART, CNN INTERNATIONAL CORRESPONDENT: First and foremost, Japanese Prime Minister Fumio Kishida is safe. But as you will see, there certainly were some scary moments during a campaign step on Saturday here in Japan.

You can see from the video people fleeing from the gathering in Wakayama in the southern part of Japan. According to NHK, Japan's national broadcaster, the man who was arrested may have thrown an iron pipe bomb. They add a second item confiscated at the scene did not explode. Prime Minister Kishida was rushed away to safety.

[08:35:10]

Video also shows a man being tackled to the ground shortly after witnesses reported an explosion. This case certainly brings back memories of the assassination of former Prime Minister Shinzo Abe less than a year ago during a campaign speech. A shocking event in a nation that is now commonly associated with political and gun violence.

Marc Stewart, CNN Tokyo.

WALKER: All right, Marc Stewart, thank you.

New details this morning in the special counsel's investigation into former President Trump's handling of classified documents. Multiple sources tell CNN that federal prosecutors are pressing witnesses for details about how Trump has paid for their lawyers.

BLACKWELL: They want to know whether any of those lawyers have attempted to influence witness testimony in an effort to protect the former president. CNN's Katelyn Polantz has more on this report.

KATELYN POLANTZ, CNN SENIOR CRIME AND JUSTICE REPORTER: We're learning of a new facet in the ongoing probe into Mar-a-Lago documents held by Donald Trump at Mar-a-Lago after the presidency and also obstruction. We know that the special counsel's office Jack Smith, his team has been looking very closely at whether there's been obstruction in that case.

And new reporting from Sara Murray and I shows that investigators are also asking about how witnesses have been handled, as they are becoming people who saw things and are testifying to a grand jury in that case. Now the question that the investigators are asking is about the role that lawyers representing these witnesses are playing.

Do the witnesses know how those lawyers are being paid? Do they know that Donald Trump himself is being paid -- is paying for those lawyers to represent those people? And are they being coached or persuaded in some way to answer questions and participate in the investigation in a way that could benefit or protect Donald Trump? Those are all questions that are being asked.

We don't know what the findings are yet. But this is another piece of this obstruction investigation around the classified documents that is ongoing right now. We also know that investigators are interested in the lawyers, four witnesses in the January 6 probe who are being paid by Donald Trump.

And there's more than $60 million that Trump and his PAC Save America have put toward lawyers that defend people around him as well as him himself in these investigations. And so all of that is being looked at in the probe. And there's clearly some piece of following the money to the payments of lawyers that is being done right now by the special counsel's office in this probe.

Of course, Donald Trump and his team have been trying to paint an us versus them culture of Mar-a-Lago and the people there and trying to say that his aides are being pressured by Special Counsel Smith, especially in this documents and boxes inquiry. But at this time, no one has been charged and it's unclear exactly where this fits in the investigation. Victor and Amara?

WALKER: All right, Katelyn Polantz, thank you.

Still to come, Texas Governor Greg Abbott may pardoned a man convicted in the fatal shooting of a Black Lives Matter protest or even as unsealed documents reportedly show his history of racist comments.

(COMMERCIAL BREAK)

[08:42:44]

BLACKWELL: The family of Garrett Foster is calling for Texas officials to deny Governor Greg Abbott's request to pardon the man convicted of killing him. Foster was shot to death while protesting at a 2020 Black Lives Matter rally in Texas. His family says the legal process needs to be allowed to play out.

WALKER: Army Sergeant Daniel Perry was found guilty last week and has yet to be sentenced. But newly unsealed documents not shown to the jury revealed that he described himself as a racist and talked on social media about killing people.

CNN's Ed Lavandera has the story.

(BEGIN VIDEOTAPE)

ED LAVANDERA, CNN SENIOR NATIONAL CORRESPONDENT (voice-over): When Black Lives Matter protests erupted around the country in the summer of 2020, newly released court documents revealed Daniel Perry intensely watched the chaos, quickly becoming angry.

In a social media post, he described the protesters as a zoo full of monkeys. The unsealed documents include 76 pages of social media postings and text messages, most of these details were not shown to the jury that convicted the army sergeant of murdering protester Garrett Foster and raises new questions about why Texas Governor Greg Abbott is rushing a push to pardon this convicted murderer.

Foster's family and longtime partner have called the governor's call for a pardon disgusting.

UNIDENTIFIED FEMALE: This has been a complete nightmare.

LAVANDERA (voice-over): The court documents show Perry talked about killing people and shared racist memes and comments on social media, including a 2019 message saying, "Too bad we can't get paid for hunting Muslims in Europe."

And in a Facebook message in May 2020, just months before the deadly shooting, Perry wrote, "He might have to kill a few people on my way to work." Another text said, "I might go to Dallas to shoot looters."

Perry's attorneys called the release of the documents a political move by prosecutors and said Foster also made posts advocating violence. In this 2020 post, Foster praised the burning of a Minneapolis police station. Perry's attorneys are calling for a new trial, saying they want to introduce evidence that Foster repeatedly instigated confrontations and was the, quote, first aggressor. When the murder happened on July 25th, 2020, Perry, now a 35-year-old Army sergeant, worked as a rideshare driver and had just dropped off a passenger near a BLM protest. Prosecutors say Perry drove into the protest and instigated a confrontation.

[08:45:10]

Perry's attorneys say Foster, a 28 year old Air Force veteran, motion to Perry as protesters were beating on his car.

UNIDENTIFIED MALE: We got to practice some of our rights.

LAVANDERA (voice-over): Foster was legally carrying an assault style weapon that night. Perry had a handgun in his car, and at some point in the exchange, he fired multiple times, killing Foster.

During a police interrogation, Perry gave several versions of the position of Foster's gun.

DANIEL PERRY, CONVICTED MURDERER: I believed it was aimed at me. I believe he was going to aim it at me. I didn't want to give him a chance to aim at me, you know?

LAVANDERA (voice-over): Perry also told police he did not try to kill Foster.

PERRY: I honestly did not want him to die. All I wanted to do was incapacitate him.

LAVANDERA (voice-over): A Texas jury rejected his claims of self- defense.

(END VIDEOTAPE)

LAVANDERA: We reached out to Texas Governor Greg Abbott's office to find out if this new information would change his mind about pushing for a pardon for Daniel Perry, his office responded with one sentence that read, "All pertinent information is for the Board of Pardons and Paroles to consider as this is part of the review process required by the Texas Constitution."

That is all, and we are still waiting to hear from the Board of Pardons and Paroles how long it will take for them to issue their recommendation to the Texas Governor. Amara and Victor?

BLACKWELL: Ed Lavandera for us there, thank you so much, Ed.

When and you are in? Fourteens face off for the final two spots in the NBA postseason. So who came out on top? We'll tell you coming up.

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[08:50:52]

BLACKWELL: The streak is over. Tampa Bay Rays lose for the first time this season. BLACKWELL: Andy Scholes here with us.

ANDY SCHOLES, CNN SPORTS ANCHOR: Yes, apparently, guys. 13 is the max for a winning streak to start the season.

BLACKWELL: That's a lot though.

SCHOLES: It is a lot, you know, the 82 Braves did it, the 87 Brewers did it. The Rays, they were trying to beat that record last night but it turns out it just was not meant to be. The Blue Jays breaking this one open with four runs in the fifth inning. They go on to win the game six to three. So the Rays now 13 and 1 on this season.

(BEGIN VIDEO CLIP)

BRANDON LOWE, TAMPA BAY RAYS OUTFIELDER: I think probably everyone knew 162 and I was probably out of the question. But it was a very run. Best thing about losing history because you have to start new one, so we're ready to show up tomorrow on Saturday Street (ph).

(END VIDEO CLIP)

SCHOLES: All right in the NBA, the Heat and Bulls playing a winner take all game for the eighth seed last night. The Bulls had a three point lead late the fourth but Miami would close the game on a 15 to 1 run to win 102 to 91. Jimmy Butler had 31 point. Chicago native Max Strus getting seven threes for 31 as well and here was Strus after the game about beating his hometown team.

(BEGIN VIDEO CLIP)

MAX STRUS, MIAMI HEAT GUARD: I don't really matter we're playing this. We had to win this one no matter what, so win or go home and we're not done yet. So we want to keep playing and it's good to get that one. But it does feel a little bit better because then I'm not going to lie.

(END VIDEO CLIP)

SCHOLES: All right, Timberwolves meanwhile, aren't in the number eight seed in the Western Conference with the dominating 120-95 victory over the Thunder. Minnesota using their huge size to their advantage. Karl- Anthony Towns, 28 points, 11 rebounds. Rudy Gobert was back from his one game suspension for punching a teammate on the bench. He had 21 points and 10 rebounds.

Minnesota now going to face the top seeded nuggets in the first round. Tomorrow night playoffs. They though begin later this afternoon with a quadruple header, a first round game starting with the next at the Sixers tipping off at 1:00 Easter.

All right, teams tanking in the NBA to get better odds of a high draft big is not as bad as a problem as it used to be. But it's still happening and our friends over at inside the NBA discuss the problem last night.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: If they keep giving you extra balls for losing, and you saw some of the --

UNIDENTIFIED MALE: Effects of percentages, it's not actually a ping pong ball.

UNIDENTIFIED MALE: Yes, yes, so --

UNIDENTIFIED MALE: Not a ping pong ball.

UNIDENTIFIED MALE: -- I just don't think it's -- like listen --

UNIDENTIFIED MALE: Then I haven't the --

UNIDENTIFIED MALE: And what kind of balls are those?

UNIDENTIFIED MALE: I will tell you something. If you all drop ping pong balls on my head.

I hate you all men.

UNIDENTIFIED MALE: A moment like that.

UNIDENTIFIED MALE: I hate you all men.

UNIDENTIFIED MALE: You got more ping pong balls.

UNIDENTIFIED MALE: You got ping pong balls to my dark coke (ph).

(END VIDEO CLIP)

SCHOLES: It's too good. Exactly, (INAUDIBLE) to drop ping pong balls to Chuck. So that's why he was suspicious that they kept saying the word but inside the NBA, so good. Always so much fun. We've gotten right there --

BLACKWELL: OK, good. All right.

SCHOLES: -- some lights.

WALKER: There's a reason why I ask that you sit here.

BLACKWELL: Yes, yes.

WALKER: Just so you know.

BLACKWELL: All right.

WALKER: Andy, thanks.

BLACKWELL: Join us again in an hour. Smerconish is up next. We'll see you back here at 10:00 a.m. Eastern.

WALKER: But first, Nick Paton Walsh embarks on a treacherous journey through the Darien Gap, a lawless jungle riddled with danger alongside migrants hoping for a better life on the other side. The first installment of the highly anticipated program, "The Whole Story with Anderson Cooper" premieres tomorrow. Here's a preview.

(BEGIN VIDEOTAPE)

NICK PATON WALSH, CNN INTERNATIONAL SECURITY EDITOR (voice-over): At dawn, the first thing that strikes you is how few of them seem to grasp what's coming. Gently packing crackers and tying sneakers like waving a Kleenex at a storm. The second thing that strikes you is how organized the cartel wanted to see.

UNIDENTIFIED MALE: (Speaking Foreign Language)

WALSH (voice-over): They only walk when they're told to. The stories here and many, but there is only one goal. America.

And the dream is just that. A revery of hope, of conviction that they will be the ones to make it over danger, disease, dehydration, deportation.

About this number every day every year, almost doubling.

The Darien Gap is the only land corridor from South America, where entry is easier to its north, where it's not.

[08:55:05]

There were no roads, only 66 miles of treacherous jungle from Colombia to Panama and onwards north 3,000 miles to the U.S. border.

We walked the entire route of the Darien Gap over five days in February to document the suffering endured by people milked for cash by cartels and wanted by any country.

(on-camera): What's startling is the sheer number of children on this trek as it begins on a route sometimes adult don't even survive.

(END VIDEOTAPE)

WALKER: "The Whole Story with Anderson Cooper" premieres tomorrow night at 8:00 on CNN.

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