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Trump Set to Turn Himself in on Federal Charges; Police Chief Says, Miami Ready for Trump Arraignment; Trump Lawyers Scrambling to Beef Up Legal Team and Find Attorneys to Represent Him in Florida. Aired 7-7:30a ET

Aired June 13, 2023 - 07:00   ET

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

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: -- in just a matter of months.

[07:00:00]

NIKKI HALEY, REPUBLICAN PRESIDENTIAL CANDIDATE: If this indictment is true, President Trump was incredibly reckless with our national security.

SEN. TIM SCOTT (R-SC): This case is a serious case with serious allegations. But in America, you're still innocent until proven guilty.

DONALD TRUMP, FORMER U.S. PRESIDENT: I just say not guilty, I didn't do anything wrong, did nothing wrong.

SEN. MARCO RUBIO (R-FL): There's no allegation of harm against the country. Weigh that against the certain harm of this indictment.

ASA HUTCHINSON, REPUBLICAN PRESIDENTIAL CANDIDATE: We want a commander in chief that does not have a high regard for our classified secrets.

TRUMP: Presidential Records Act, not even a criminal event.

CHRIS CHRISTIE, REPUBLICAN PRESIDENTIAL CANDIDATE: Did someone remind him he's not the president anymore? You don't need these things anymore.

KAITLAN COLLINS, CNN ANCHOR: He has been searching to add a Florida- based attorney to his team. It's been difficult for Trump to find attorneys in the past.

UNIDENTIFIED FEMALE: He's probably going to step into incriminating himself even further.

UNIDENTIFIED MALE: There are concerns from people in the area, from people who live here and people who work here.

CHIEF MANNY MORALES, MIAMI POLICE: Make no mistake about it, we're taking this event extremely serious.

SEN. MITT ROMNEY (R-UT): All he had to do was hand them in. He held onto them. Why?

JACK SMITH, SPECIAL COUNSEL: We have one set of laws in this country, and they apply to everyone.

(END VIDEOTAPE)

POPPY HARLOW, CNN ANCHOR: Well, good morning, everyone. We are so glad you're here with us on CNN This Morning, and quite a day it is.

PHIL MATTINGLY, CNN ANCHOR: Quite a day, quite a week, quite a couple of months.

HARLOW: That's exactly right.

MATTINGLY: There's also a lot of specific details that are going to be happening over the course of this day. That's kind of fascinating.

HARLOW: Yes, that's exactly right, because it is a historic day ahead, specifically in Miami, but, really, for this nation. Just hours from now, former President Donald Trump is set to turn himself in on federal criminal charges for allegedly hoarding classified documents at Mar-a-Lago. Right now, he is at his resort in Doral, Florida, just miles from that Miami courthouse where he will surrender this afternoon.

Trump says he will plead not guilty to the 37 felony counts that he faces. Federal prosecutors say he illegally kept documents containing some of the nation's most sensitive secrets including America's nuclear program, and they allege that Trump kept them in places like a bathroom, a shower and his bedroom.

MATTINGLY: Now, the former president has called on his supporters to come out and protest peacefully. Security, though, has been ramped up, and Miami's police chief says the city is ready for this unprecedented moment in American history. We are too.

We have team coverage with the expert analysis and correspondents on the ground in South Florida, Randi Kaye is outside Doral, Sara Murray, Josh Campbell, Laura Coates, John Miller all with us here in studio, and Carlos Suarez and Katelyn Polantz are live outside the courthouse.

We want to start with Randi Kaye in Doral, where Trump is getting ready for that arraignment. And, Randi, the former president seemed at least in the exclusive video CNN got, a little bit upbeat yesterday. What's your sense of things right now?

RANDI KAYE, CNN CORRESPONDENT: Yes, absolutely, Phil. He was -- he arrived at the Doral resort here behind us at about 3:30 in the afternoon. He seemed a little bit somber earlier in the day, just quickly waved to supporters before disappearing with his son, Eric, and some of his legal team. But then later at, about 7:00 P.M., we have some video of him when he came down to the lobby last night to go to dinner at the main restaurant.

He seemed much more upbeat, cheery, in fact. People were yelling to him. Some of his supporters were in the lobby yelling, we support you. You're going to win. We're behind you. He gave a thumbs up, then went inside and actually stopped to take some pictures with people who had requested that in the restaurant where he then later kind with his son, Eric, and some of his legal team for a couple hours. So, he had some supporters inside. The mood seemed to be pretty upbeat considering what an important day it is for him today.

There were also many supporters outside. They were clashing with some of the protesters. Police had to separate them at times. There was even one man dressed in a prison jumpsuit carrying a ball and chain. But here is what some of his supporters had to say out here.

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JOSH FULFER, TRUMP SUPPORTER: I think it's absolute tyranny. That's what it is out here is tyranny. That's what we're seeing from the Biden system and from the DOJ. It just keeps getting worse.

LINDA CATALINA, TRUMP SUPPORTER: We don't even care if he's going to be in jail, and we have to write him in, you know? To a lot of us like Trump or nothing, like we're not even looking at DeSantis as a second option, we're not looking at anybody else as a second option.

(END VIDEO CLIP)

KAYE: So, the former president is waking up here at his Doral resort. There is plenty of security, sharp shooters, you name it, lots of security here at the premise and then also outside the gates. He's expected to leave here about 1:30 or so this afternoon. It's about a 25-minute drive to the federal courthouse. Of course, there will be plenty of security there. One major concern is any type of call to action. They certainly don't want another January 6th on their hands. So, they're taking all precautions not only here at Doral, Phil, but also at that Miami federal courthouse.

HARLOW: Okay. Randi, we'll get back to you soon. Carlos Suarez is outside that federal courthouse in Miami. What can you tell us about how prepared they are? I mean, we don't see crowds behind you/ I know we're eight hours away, but so far.

CARLOS SUAREZ, CNN CORRESPONDENT: Yes, that's exactly right, Poppy. So, we're about seven or eight hours away from the former president showing up to the federal courthouse here in Downtown Miami.

[07:05:01]

And it is safe to say that at this hour, there are more members of the media out here than there are members of law enforcement.

It is our understanding that the security posture out here really has not changed much in about 24 hours since these plastic barricades and some of this yellow tape went up. There was some thinking that perhaps overnight we might have seen some metal barriers as well as additional law enforcement coming out to patrol the perimeter of this courthouse. Instead, really, the only thing that we have seen are a few of these federal protective service police members. Now these folks, they're the ones that really are in charge of the security inside of the federal courthouse. The chief of police yesterday for the Miami Police Department said, look, we have enough resources for crowds of up to 50,000 people. We have enough officers that we believe we're going to be able to keep everyone safe. There is some concern going into today that law enforcement, at least on the perimeter of this courthouse, may not be ready for just the number of folks that may show up out here.

Yesterday, the chief, along with the mayor of Miami, they had a news conference where they detailed some of their security plans. Though they kept them pretty vague, they didn't want to get into specifics. Here now is an exchange that the chief of police had with my colleague, Shimon Prokupecz.

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SHIMON PROKUPECZ, CNN SENIOR CRIME AND JUSTICE CORRESPONDENT: We've been hearing from people in the building around that area that they're concerned that there's no hardening around the area, the perimeter, and that people can just freely come and go. There's yellow tape right now that's been placed. Will that change? Because there is a lot of concern that people may try to storm the building or try to enter some of that area. I mean, are you going to harden that area?

MORALES: Well, what I can tell you is reach back to the folks that have reached to you and tell them that there's no reason of fear.

(END VIDEO CLIP)

SUAREZ: And at least one other concern at this hour is that the Miami Police Department has not decided whether the Trump supporters as well as folks that are going to come out here to protest the former president, whether they are going to be kept separate, in separate places outside of this courthouse. Guys?

MATTINGLY: All right, keep checking in with Carlos. I want to bring back in our experts right now. CNN Chief Legal Analyst Laura Coates is here along with CNN's Chief Law Enforcement and Intelligence Analyst John Miller. Sara Murray, Josh Campbell are back with us.

John, what's going on behind the scenes that we're not seeing? I assume there's more happening. What is it?

JOHN MILLER, CNN CHIEF LAW ENFORCEMENT AND INTELLIGENCE ANALYST: What they're scanning for is threats, the crowd outside the courthouse. These rallies have been called for 10:00 A.M and noon on the idea that you've got a 03:00 hearing. They're going to want those crowds to build from there and they're coming from different places.

But in the background, in fusion centers in the Miami P.D. Intelligence Division, in the 34 towns there, in the FBI writ wider for the nation, they're all scanning in social media, in human sources, confidential informants to say, is there someone planning something because we've been down this road before. Just after the search warrant in Mar-a-Lago, a man with a semiautomatic rifle opened fire on an FBI office. So, you're looking for those tells and all those wheels are turning.

HARLOW: I think, Josh, something we need to pay attention when you focus on this a lot is sort of what this means for national security, even though these documents eventually got back to the government although we don't know about the Iran document from the Bedminster audio recording. No one seems to be able to locate that. There's still a lot of potential national harm here.

JOSH CAMPBELL, CNN SECURITY CORRESPONDENT: It does. It reverberates. I mean, obviously, the FBI worked to get those documents back. There's still a question whether all of the documents are back within the custody of the United States government. But this reverberation that I continue to hear from folks that work national security, it's not just what the former president is alleged to have done with those documents but the message that it sends to our allies overseas.

When John and I worked in the FBI, some of our closest partners were the Brits, the Aussies, the New Zealanders, the Canadians.

HARLOW: And there was Five Eyes information.

CAMPBELL: Five Eyes information in there, right. And that relationship is built on that trust that you share information. In fact, in the last decade, the FBI has basically leaned towards sharing, unless you have a reason not to with those nations. And so there's this question, if they're going to be sloppily handled here in the United States, even by a president or a former president, that's a question.

And also what concerns me is when it comes down to potential informants around the world that are watching this, and, again, John and I worked a lot of these intelligence issues, when you're sitting down trying to recruit an informant, that relationship is based on trust. These people are giving up potentially their livelihoods, sometimes their lives. And if they believe for a moment that sharing information with the government, working with the U.S. Intelligence Community could lead to them being exposed, they may be more hesitant.

So, some of this is unknowable, but think these consequences certainly reverberate far beyond just these documents.

MILLER: And I think you have to get beyond the theory into the reality of it.

[07:10:02]

You have two Chinese nationals, two who were arrested and charged for trespassing at Mar-a-Lago, who came in and were taking --

HARLOW: During this timeframe.

MILLER: Yes, who were arrested for trespassing. But they came in, they were wandering around, they were taking pictures. They had cover stories about why they were really there that unraveled.

So, when you look at the idea that that to penetrate the world where you can obtain highly classified information requires an awful lot of work. Unless you figure out that secrets are lying around a private club and all you need to do is either get a job there among the 150 employees in different low level jobs or wander around until you find the boxes in the ballroom. It's just for people who have lived in the classified world, and you have to jump through the hoops to meet those requirements. It's bizarre.

CAMPBELL: And notwithstanding the speaker's comments that bathrooms have locks on them. Those who work in national security know that there are these sensitive compartmented information facilities that are lead-lined. You have to swipe.

HARLOW: SCIFs.

CAMPBELL: You have the SCIFs. You swipe your way in it's to prevent what John is saying, that information getting in the wrong hands.

SARA MURRAY, CNN POLITICAL CORRESPONDENT: Yes. And our team has reported that once you're in Mar-a-Lago, I mean, there was nothing to stop you from wondering around.

MILLER: You have the run of the place.

MURRAY: You have a run of the place. You can go into the ballroom. I mean, if you're a person who happened to stumble in the ballroom when all those boxes were in there, I mean, there's nothing to stop you from going wild.

LAURA COATES, CNN CHIEF LEGAL ANALYST: I mean, people look in medicine cabinets, but not the box, and to John as well. But the idea here, thinking it might be a thing that's happening, everyone, next to a shower.

HARLOW: I mean, the layout, these photos tell us --

COATES: The layout is there. It shows you there. There are nosy people all over the place.

MILLER: I like the knocked over box for the documents splayed across the floor.

COATES: Well, you know, who didn't like it? Jack Smith. And that was in a very short statement that he made, we didn't hear a lot from him. Obviously, the indictment speaks volumes. The report that will come to the attorney general eventually about the prosecution and the declinations of decisions will all be in there.

But he focused on the idea of it wasn't just a dissemination it need not be dissemination. In fact, they give very short stripped the idea of it being disclosed. Compare that to, of course, the Massachusetts Air National Guardsmen, where the Discord disclosure for bragging rights, so to speak, was everything. This didn't have that same implications. Why? Because we don't know to what extent it's been viewed already, we don't know who's seen it, we don't know the diplomatic relations that have been targeted and we also don't know what they were being used for or why they were there. A very benign explanation could be I wanted to have my bragging rights. A very nefarious one could be I wanted to shape a political narrative where I wanted to sell these information some way. I don't know what the reason is. But the elements of the crime need not have anyone even prove that aspect of it. The fact that it was unlawfully retained without authorization is enough so far.

HARLOW: Stay with us, guys. Next, we're going to talk about the judge in all of this. Her name may be familiar to you, Trump-appointee as well. What kind of control will she have over this case, key decision she'll have to make before this thing even goes to trial? Laura Coates has details on Judge Cannon ahead.

MATTINGLY: Plus, new CNN reporting about the impact of the special counsel's decision to bring the case in Florida. All that coming up next. Stay with us.

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[07:15:00]

HARLOW: So, former President Trump faces an unprecedented legal battle after he turns himself in later today on federal charges. His legal team is working to find more lawyers in Florida to join the team in the classified documents case. Meantime, the special counsel, Jack Smith, also increasing his own team of prosecutors with prosecutors from the US. Attorney's Office in Miami.

Our Senior Crime and Justice Reporter Katelyn Polantz is live outside the courthouse. The sun is up. Today is the day. What are you learning about really both teams adding more Florida attorneys?

KATELYN POLANTZ, CNN SENIOR CRIME AND JUSTICE REPORTER: Well, Poppy, everybody is getting ready for this case to be here, to stay here in the Southern District of Florida, whether it's at the Miami courthouse or it's at a different courthouse in this district, maybe West Palm Beach or Fort Pierce, where Judge Cannon sits. And what is happening is that Donald Trump needs some lawyers who know this court really well.

He has a couple of people on his team who are able to practice law in Florida, but he has been marred by departures of lawyers on his team pretty regularly over the course of the many investigations he's been under over the past five or so years. And then even recently, some of the lawyers that shepherded this through the investigation that were around him and knowing every step of what was happening, they've all departed the legal team, or have to be, such as his defense attorney, Evan Corcoran, who still is representing him, but has become an actual witness in this.

So, he has somebody coming that is managing his legal team right now, but our understanding is they're completely trying to find others. And it is a question for us, as well as these roosters crowing behind me, of who exactly will show up in court today with Donald Trump.

HARLOW: We did not miss the roosters. MATTINGLY: Katelyn, but this is a real thing. There's like a rooster that's just like hanging out around the courthouse. Is that correct?

POLANTZ: Oh, we've got a flock.

MATTINGLY: That's good. So if you hear -- I'm just telling people who are watching, if you're wondering why it has sounded like there's constantly a rooster behind Katelyn, that is not like a sound effect. There is an actual rooster.

HARLOW: A flock, not just --

MATTINGLY: Flocks of -- is that a thing?

HARLOW: Yes.

MATTINGLY: Regardless, Katelyn reporting is wonderful, and that's all that really matters. Thanks, buddy.

All right, well, Special Counsel Jack Smith has vowed to seek a, quote, speedy trial in this documents case, but the ultimate decision about that timing, evidence and jury lies with the presiding judge, Aileen Cannon.

CNN Chief Legal Analyst and former federal prosecutor Laura Coates is taking a closer look at the judge's power in this case.

And, look, there's a lot of discussion about the judge. How much can her decisions make or break what's happening in the months ahead?

COATES: Well, you might remember this judge, remember, because this is somebody who assigned that special master to look at the documents initially, got smacked down by the 11th Circuit as well. So, a little bit of information about it. She has a very big influence.

[07:20:00]

One of the biggest ways she will is in terms of scheduling. A trial date will need to be set.

Of course, in this case, you also have a motion schedule, which means the things that you write to the court to decide what evidence is going to come in, what kind of arguments you want to have before the jury actually gets in and also consideration of timing of other Trump cases. We already know that he is now a twice indicted former president, including one of state trial proceeding as well.

Also, they'll have a very big role in the jury selection. We're talking about the court of public opinion so far. But, remember, you have to actually empanel a jury through what they call the voir dire, or from the south, voir dire, actual notions of it. How many strikes do you get to figure out who gets out and who gets on that jury?

Also the questioning, they're going to figure out what questions to ask. Remember cases like the Derek Chauvin trial, to name one example. This is a very, very well known case right now. So, impartiality will be the goal and how you establish that will be very key.

Also, where there's a hung jury or a declaration of a mistrial, that comes if a judge decides that, look, I'm going to be pretty trigger- friendly in terms of the idea of not enough time to debate or deliberate, I'm going to go with the mistrial or not. That's very, very telling.

Also, a huge role in terms of the evidence, remember that? It's about whether you qualify or disqualify a witness or an expert, also about what's going to come in in your evidence. This person right here, of course, Evan Corcoran, this is the former attorney who had the attorney-client privilege pierced, which allowed him to testify in front of the grand jury about his contemporaneously written notes or recorded notes. Will that actually come in and have the jury, a trial jury, hear it very, very different.

Also, the whole sustain, overruled, objections are not just T.V. courtroom drama. They have a very, very big role. And what she might do with those for a meritorious objection or otherwise, we're very, very keen.

Also, there's a rule you can have a called a directed verdict, which makes the jury essentially superfluous. Look, you got it wrong. Here is my directed verdict instead.

But trial timing is going to be so important. Look at this fancy schedule. It might make your head spit if it's on your actual wall. But look at the timing of it. We're talking about in August, the first Republican debates. This date right here, the 22nd, is the date of that speedy trial where you say within 70 days of indictment. Remember Jack Smith said we're going to have a speedy trial. That's your right as a defendant to actually have that. Will they actually be ready by this point in time? That's a very, very quick turnaround even for a misdemeanor case, let alone this one.

Everyone, look ahead, January, you got the Iowa caucuses, likely to have the first Republican primaries. Very important to somebody who is now the frontrunner in that particular thing. March 5th, the Super Tuesday, and look at this, the 25 March, the Manhattan D.A.'s indictment trial.

A defendant has every right to prepare for trial. So, a judge is not going to want him to say, have a trial that ends on Friday in this case and then go to New York on the 25th. That wouldn't be fair or reasonable.

Finally, look at this date, November 5th. Remember this date? That's the presidential election date of other elections as well. The DOJ does not want to be viewed as trying to interfere with elections. They want to be able to stop their investigations or trials if they're able to not start in a time it might interfere. That's going to be very difficult to do so.

And, finally, should she stay or should she go? There's a song in that somewhere. I won't sing it this morning to you all. But Judge Cannon, she gets decided she wants to actually recuse or not, fat chance she likely will. A reassignment could actually come from the chief judge and the DOJ could actually appeal as well.

But here's the criteria for that, everyone. Is there something about her prior relationship with this case that would make it such that she would not be able to be an objective and impartial arbiter of justice? That remains to be seen.

HARLOW: I wish you sang, but short of singing, that was absolutely fascinating, Laura. Thank you.

COATES: It was the suit.

HARLOW: No, it wasn't. It was the brain. No, the brain. Thank you. That was so interesting, a lot to digest and go through.

Our coverage of the Trump arraignment in Miami continues. We're getting new reaction from Republicans on Capitol Hill, also some on the campaign trail.

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HUTCHINSON: But it is a legitimate campaign issue. Do we want a commander in chief of this country that does not have a high regard for our classified secrets?

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[07:25:00]

(BEGIN VIDEO CLIP)

CHRISTIE: Loser, loser, loser.

This is vanity run amok.

That is a child. It's a child.

Completely self-centered, completely self consumed, and doesn't give a damn about the American people, in my view.

(END VIDEO CLIP)

HARLOW: that is 2024 Republican presidential hopeful Chris Christie slamming Donald Trump ahead of his federal court appearance today. The former New Jersey governor unleashed at a CNN town hall last night.

Christie is one of the few Republican contenders for the presidency who is really taking on the former president unequivocally over his alleged mishandling of classified documents. Nikki Haley, Senator Tim Scott starting to change their tune, albeit slightly. Before the indictment was unsealed last week, Haley tweeted this is not how justice should be pursued in our country. That's a quote. Here's what she said on Fox yesterday. (BEGIN VIDEO CLIP)

HALEY: If this indictment is true, if what it says is actually the case, President Trump was incredibly reckless with our national security.

(END VIDEO CLIP)

HARLOW: Senator Tim Scott walking an even finer line, stopping short, though, of criticizing Trump. Listen to this.

(BEGIN VIDEO CLIP)

SCOTT: What we've seen over the last several years is the weaponization of the Department of Justice against of former President.

This case is a serious case with serious allegations. But in America, you're still innocent until proven guilty.

(END VIDEO CLIP)

[07:30:00]

HARLOW: Joining us this morning, former Republican Governor of Maryland Larry Hogan. Governor, good morning and thank you for joining us.