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Giuliani Concedes He made Defamatory Statements About Two Georgia Election Workers in Effort to Resolve Lawsuit; McCarthy Threatens Biden Impeachment Inquiry; LeBron James' Son Bronny, Stable After Suffering Cardiac Arrest; Crane Collapses On High-Rise Building In New York; Justice Says It Will Appeal Judges Asylum Ruling. Aired 8-8:30a ET

Aired July 26, 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]

POPPY HARLOW, CNN ANCHOR "THIS MORNING": 100 million people under alerts from coast-to-coast are cooking the ocean. Literally wiping out coral reefs in the Florida Keys talk to a shock expect about the unfolding crisis. This hour CNN's this morning starts right now. There's a lot of news to get to this hour.

Here are the developing stories right now in just hours the President's son Hunter Biden will walk into a federal courtroom and plead guilty to tax crimes as a part of a contentious deal with prosecutors. Meanwhile, House Speaker Kevin McCarthy seems to be warming up to an impeachment inquiry into President Biden pushed by the fringes of his party.

(BEGIN VIDEO CLIP)

REP. KEVIN MCCARTHY (R-CA): This continues to unravel it rises to the level -- .

(END VIDEO CLIP)

HARLOW: This of course comes as we are also waiting on a potential third indictment for Donald Trump connected to trying to overturn the 2020 election. And as we've learned the special Counsel's Office has spoken with two more key witnesses in that investigation.

Former Trump administration officials Chris Krebs was the Head of Cybersecurity at the Department of Homeland Security and Trump's Acting Deputy Attorney General Richard Donoghue, who had this to say you may recall at the January 6 hearings.

(BEGIN VIDEO CLIP)

REP. ADAM KINZINGER (R-IL): You also noted that Mr. Rosen said to Mr. Trump, "DOJ can't and won't snap its fingers and change the outcome of the election". How did the President respond to that, sir?

RICHARD DONOGHUE, FORMER ACTING DEPUTY ATTORNEY GENERAL: He responded very quickly and said, essentially, that's not what I'm asking you to do. What I'm just asking you to do is just say it was corrupt and leave the rest to me and the Republican congressman.

(END VIDEO CLIP)

HARLOW: And this just in Rudy Giuliani conceding in a new court filing that he made defamatory statements about two Atlanta area election workers. Our Crime and Justice Reporter Katelyn Polantz joins us now. Good morning. So let's talk about what Giuliani is saying and why it matters.

KATELYN POLANTZ, CNN SENIOR CRIME AND JUSTICE REPORTER: Well, Giuliani is really trying to tread the line here legally, that is quite complicated. And the way that he's doing it is that he's saying in court after being sued for defamation by two Georgia election workers, Ruby Freeman and Shaye Moss, who say that the statements he made about them really hurt them in a lot of ways.

He's saying that yes, he concedes that he made the statements about them that those statements were false and defamatory. But he's saying it so that he can get on to other parts of this lawsuit and still wants to argue that what he was saying about the election in Georgia after the 2020 vote about vote fraud.

They're about these election workers, that is constitutionally protected speech, and also, that he shouldn't have to pay any damages to these women. Because what he was saying specifically wasn't damaging to them. So this is a short filing from him. But it's trying to get him out of some of the accountability in this lawsuit that has just piled up around him.

Because not just that this lawsuit has pressed on to a point that has been really risky for Giuliani, it also is a lawsuit that a judge is quite mad at him about because the Ruby Freeman and Shaye Moss keep saying that he hasn't turned over all of the evidence that he has, he hasn't searched for all of the records that he has thoroughly.

And so he was in some hot water over that with the judge. And so he's making this filing now to try and divorce himself from a lot of that. Those issues that are going on, but whether this is going to be accepted by the judge. How these two women are going to respond to this?

Whether it would end the case that is all a major question here and also what criminal investigators might see in his statement here that he's conceding that he's making these false statements about these women. That is also going to be a very big question going forward.

HARLOW: Certainly as Katelyn Polantz, thank you for the reporting.

ERICA HILL, CNN ANCHOR: Elie Hoenig is back with us, along with CNN political Commentator and Former Special Adviser to President Obama, Van Jones. Good to have you both here at the table "This Morning". So let's pick up where Katelyn left off.

And we played this last hour, but just for the folks at home, I want to remind them what we heard from Ruby Freeman from Shaye Moss about how their lives were changed. Take a listen. (BEGIN VIDEO CLIP)

RUBY FREEMAN, FORMER GEORGIA ELECTION WORKER: I've lost my lane, and I've lost my reputation. I've lost my sense of security. All because of a group of people starting with number 45 and his ally, Rudy Giuliani decided to scapegoat me and my daughter Shaye.

WANDREA "SHAYE" MOSS, FORMER GEORGIA ELECTION WORKER: I don't want to go anywhere. I second guessed everything that I do this affect my life in a major way, every way because of lies.

(END VIDEO CLIP)

HILL: So Giuliani saying sure I made some statements. But, but, but, but, I will not concede that those statements right were defamatory. I won't concede that they really led to this horror that was detailed there and also by the way was protected.

[08:05:00]

ELIE HONIG, CNN SENIOR LEGAL ANALYST: Right.

HILL: As free speech, is this work?

HONIG: So first of all this was some of the most memorable and I think searing testimony that we saw last year during those January 6 committee hearings. I mean, these women were accused by Rudy Giuliani and others of committing crimes, election fraud crimes, they did nothing wrong.

To the contrary, they did their jobs as civil servants. They're admirable people and their lives were torn apart as they detail. Now they sued Rudy Giuliani for defamation. He is now making the remarkable concession. Yes, I lied about them, which you almost never see.

I don't, maybe never see in a defamation case, because usually, that's the whole ballgame. But what he's trying to do here is limit his exposure by saying, yes, I lied to them. However, first of all, either they weren't damaged. We just heard the testimony that allies are torn apart, or other people are to blame for the damages that were done to them.

We don't know who he's going to blame for causing that harm to them. And the other question, the other point that he's going to argue is, this was constitutionally protected political speech, you have a lot of leeway to make political speech, you can engage in hyperbole, you can say things that are outrageous but you cannot make knowingly false statements as Rudy's now conceding that he did.

HARLOW: I'm so struck by the fact of and what we're seeing now in this, and I wonder if we'll see more of his vindication for the victims of the lies. This is about prosecuting individuals and investigating them, but at the same time you're seeing.

VAN JONES, CNN POLITICAL COMMENTATOR: Yes, well, I mean, the way our country works is that regular people, grandmas baseball coaches decide they're going to get up very, very early on Tuesday morning, and help their neighbors vote. It's the biggest volunteer program in the country, and in some ways, certainly the most important one.

And the idea that you could do that, and then have the, you know, America's Mayor, the hero of 911, tell your neighbors, this person stole the election. This person is a criminal. This person is an enemy of democracy. It's shocking to anybody. And then his defense is, so what?

HARLOW: Yes.

JONES: So what I did it and so what and so my hope is that, you know, the judge looks at this for what it is, and admission that he was at least the first domino and the biggest domino in a series of events that hurt this woman and her family, and she gets some kind of justice.

HILL: As all of this is playing out to we have people anticipating there could be an indictment when it comes to the Special Counsel's investigation into January 6. And as we've learned, we know that Rudy Giuliani has spent time with a Special Counsel.

We've also now learned that Chris Krebs and Richard Donaghue also sat down with the Special Counsel. Start putting all of these pieces together for us, Elie is sort of where do we stand this morning?

HONIG: Yes, so this is really important new information that Chris Krebs and Richard Donaghue who have spoken with the Special Counsel. Rudy Giuliani, is probably the least credible person I can think of Richard Donaghue is about the most credible person you can think of I don't know him personally.

He's a longtime federal prosecutor. He has served under both administrations he did the right thing here. And that note that he took, there's a moment he testified about where he's on the phone with Donald Trump on a conference call. And he takes a contemporaneous note, as it's being said, he jots it downward.

Trump says, just you DOJ just say the election was corrupt and me and the Republican Congress will do the rest. That to me is one of the most incriminating pieces of evidence that we know of. And so the fact that Jack Smith is talking to him, I think, is really significant.

HARLOW: Hunter Biden is going to walk into a courtroom in Delaware, aside from the optics and the fact that this is the first in American history to see a president's child walk into a courtroom and plead guilty to crimes. The Republican Chair of the House Ways and Means Committee is saying wait, judge don't green stamp this.

We want you to take into consideration this new testimony from last week of two IRS whistleblowers.

JONES: OK, it's extraordinary that they want to step into another domain of government to do it. Look, this Hunter Biden, he's being -- he's a Trump appointed prosecutor. He's going in front of a Trump appointed judge.

HARLOW: Yes.

JONES: I don't know what these people want in terms of having some confidence in what's going on. The idea of this whistleblower, I think it's tough, because in general, I like whistleblowers, and I want whispers to have protection to be taken seriously.

So you have to have them that needs to be taken seriously by everybody. I'm not partisan, enough to say, well, you know, I'm on a different team. So I don't want to hear from them. But these, you know, our government has a way of functioning. We have three independent branches of government.

It would be highly unusual and very shocking. If you were going to court and all sudden some congressperson said, well, hold on second, stop your case. I want to do something over here. That's not how our system works. It should work that way.

HONIG: Yes, this case is here's what to watch for today. Will the judge accept Hunter Biden's plea deal as is the judge does not have to as we discussed before, Erica, the vast majority of times the judge does if the judge accepts this that I think that takes the temperature down if the judge by son and she can reject this that's going to raise the temperature on this a lot.

[08:10:00]

Watch what the Republican Congressmen do that and I agree with Van, the whistleblowers absolutely need to be heard here and they're not necessarily saying the same thing that David Weiss and Merrick Garland are saying was saying David Weiss had full authority over this case.

The whistleblowers are saying, yes, but certain investigative avenues were cut off. That's the question.

HILL: And that's an important distinction to point out. Before I let you go, we've been hearing more from Speaker McCarthy, talking about the potential for an impeachment inquiry into President Biden, we also have reporting from our fantastic colleagues up there on the hill that there has been more of a push among top Republicans to go after Joe Biden, if you're going to do an impeachment inquiry or impeachment proceedings of some sort.

Go for the top dog. What do you make of this move here? Republicans say, hey, we're just following the facts.

JONES: Well, I think they might notice that when their guy Trump gets in trouble was impeachment, whether its indictment is improvable goes way up. And so just as a political matter going after Joe Biden and trying to impeach Joe Biden will have the same effect for Joe Biden, his numbers will go up, the party will rally to him.

And you know, the difference from the Trump impeachment versus this will be just completely pulled out of nowhere, even the impeachment efforts against his Cabinet members coming out of nowhere. But I would say as a political matter, pretty foolish. There's a reason that that Kevin McCarthy is not in a big rush to do this.

It will distract his Congress from doing anything that Americans care about. It will drive Joe Biden's numbers up and also a lot of people will have to testify under oath, who we would love to see testify under oath. A lot of their people have testified under oath, which we would love so I don't think it's going to go forward. I think it's just much do -- .

HARLOW: Van Jones, Elie Honig appreciate it thank you both. LeBron James is 18 year old son is now out of the intensive care unit. He is in stable condition this morning Bronny James went into cardiac arrest during basketball practice on Monday at USC. That's according to his family.

He is gearing up for his freshman season with the Trojans well wishes pouring in for him from the sports world including from Buffalo Bills safety Damar Hamlin who wrote in part here for you guys, just like you have been for me my entire process. Hamlin, of course suffered cardiac arrest himself in the middle of a Monday night, football game earlier this year, who was hospitalized for more than a week.

Joining us now is the head of the cardiology team that treated Hamlin, the Chief of Cardiology, at the University of Cincinnati Medical Center, Dr. Charles Hatterner, thank you, doctor for being with us. This is different, right? This is not Bronny did not suffer a tremendous impact in this happen.

But they're both young men at you would think at the prime of their health. What are your questions this morning?

DR. CHARLES HATTERNER, CHIEF OF CARDIOLOGY AT UC HEALTH: Every cardiac arrest is different, and every cardiac arrest is similar. What I mean by that is the initial event of the heart stopping needs to be treated and aggressively approached by bystanders by medical personnel.

And really, and truly their today's a good day and congratulations to the staff, to the people at USC, who evidently were able to resuscitate Bronny James immediately. That's fantastic, that's step one. But every cardiac arrest is different than the next steps are to figure out why it's possible to figure out why this happened.

HILL: Understanding that we know you're not treating him you can't see his medical records. But when we when we pulled back a little bit, it feels like in some ways, we're hearing more about cardiac arrest about heart issues in young athletes, whether it be that freak accident, what happened to Damar Hamlin, what we're seeing in terms of collapsing at practice?

Is there something that parents should be aware of, especially parents of active young athletes? Are there further concerns?

HATTERNER: Absolutely. I would say we don't completely understand why young, healthy athletes have cardiac arrest. It's not an epidemic. It's been something that's been around for a long time. It may be changing and again, for every cardiac arrest, there are multiple potential reasons for it. So what should parents do? Number one the most important step is screening any young person involved in significant athletics should we have a good health screening process prior to the season prior to their release to play? And a good medical screening is the first step that does identify maybe 1 percent of athletes who have something significant in their background or in their exam that makes them at higher risk.But there is a certain degree of unpredictability with this as well.

[08:15:00]

That so far, we have not had science, the technology to identify beforehand who might be at higher risk.

HARLOWDoctor, the question now, if Bronny and his family decide he wants to go back to play maybe even this season. Obviously, he was widely discussed via a key NFL -- NBA draft pick potentially. Can you get to the level you were athletically after something like this without putting your health at risk?

HATTERMER: I mean, obviously, I don't know the details. But I can tell you, people do recover and young people in general have an excellent chance of full recovery. Particularly, if the situation is that they're resuscitated effectively. I can't emphasize that enough. Whether it's bystander CPR, AED's or medical personnel on hand, quickly. The prompt resuscitation is the first and major step in terms of predicting long term recovery. So, again, it's a good news.

HARLOW: Yes, that sounds like they did that Dr. Charles Hattermer, thank you for this. But really also for what you did to save Damar Hamlin and all your patients. We appreciate it.

HATTERMER: Well, thank you. We're united on this.

HARLOW: Yes.

HATTERMER: It's a great -- a great, thank you.

HARLOW: Thank you.

HILL: A Federal judge blocking the Biden administration's controversial asylum policy is yet, another legal setback for the White House. Last Democratic Congresswoman Veronica Escobar of Texas about that crisis of the border, just ahead.

HARLOW: And breaking news, take a look at this, these are live pictures of a crane in Midtown Manhattan less than 10 blocks from where we are, it has caught on fire. It is partially collapsed, one that ahead.

(COMMERCIAL BREAK)

[08:20:18]

HILL: We are following breaking news here in New York City. So, these pictures coming to us out of Midtown Manhattan, which is, you know, not too far from we are about 10 blocks away. You see that large crane there on top of a high-rise building. We see some smoke there. CNN's Brynn Gingras is here with us. Brynn, I know you're learning a little bit more about what happened here, partial collapse?

BRYNN GINGRAS, CNN NATIONAL CORRESPONDENT: Partial collapse and it's concerning for this area of Manhattan. Of course, we're in Midtown that's at the foot of the or the mouth of the Lincoln Tunnel. So, we're in this rush hour traffic time.

HILL: Yes.

GINGRAS: People trying to get to work, people walking on the street. Right now. Sources are telling me initially there's one firefighter and one person in stable condition. Now, it's unclear if those critical injuries are in stable condition or the serious -- what are we talking here? That's unclear at this moment from my sources.

When I was calling people, the mayor's office is sending someone right there. The fire department sending people there to gather information. So, this is very much in the initial phase. But this is an area like you said Midtown Manhattan and a crane, this is an area that is very well, you know, being developed right now.

HILL: There's a lot of construction around here.

GINGRAS: There's a lot of cranes.

HILL: Yes.

GINGRAS: A lot of constructions in this area, if you're not familiar with the Hudson Yards development, that's going on around here. And it appears that this crane was doing some work and partially, possibly caught fire and then collapsed.

HILL: OK.

GINGRAS: And, you know, I've seen some videos where it's hitting another building falling on the street. But it has collapsed and falling onto a Midtown Manhattan Street, that's a big deal. So, it's very initial what we're hearing as far as injuries, it's possible those numbers will go up. We're going to continue to follow.

HILL: Do we know really quickly before I let you go. You said this is near the entrance to the Lincoln Tunnel.

GINGRAS: Yes.

HILL: Which is on the west side, obviously, the city not too far as you point out from where --

GINGRAS: Yes.

HILL: -- from where we are here. Do we know how high up this crane was? How many stories?

GINGRAS: I don't know how many -- how many stories. But if you're again, familiar with Hudson Yards, these buildings are all skyscrapers.

HILL: Yes.

GINGRAS: That's the building here. So, it does appear to be working on those skyscrapers. And, you know, just to make that note of the Lincoln Tunnel, this is going to be a headache for people trying to get into the city at this time right now. And again, the more serious thing is the fact that this is a very busy area of Manhattan at this hour.

HILL: Yes.

GINGRAS: So, the concern is, are there injuries to anyone who responded to the area like a firefighters, to those working in that area. And then, also just people just commuting to work. So, we're going to continue to stay on this one.

HILL: And I'm just hearing my ear, too, we do have some pictures where it appears that they may be, you know, trying to fight this from nearby buildings, perhaps. Because as you point out, not just a lot of construction, but it's also fairly congested. There are a lot of high buildings around here. We're seeing similar these pictures here. I will check in with you as you learn more Brynn. Appreciate it, thank you.

GINGRAS: Yes, absolutely.

HILL: Poppy?

HARLOW: A ruling that could have major implications at the southern border. A federal judge has blocked President Biden's controversial asylum policy. It's a big blow to the White House, which learn -- which lien rather on the measure to drive down those border crossings.

The Biden administration imposed the system more than two months ago and it barred migrants from seeking asylum if they cross the border illegally or if they failed to seek asylum in another country while in route to the United States. The federal government will appeal this ruling, but it comes as the Justice Department is suing the state of Texas over using those floating barriers in the Rio Grande River.

Governor Greg Abbott argues the barriers are intended to deter migrants from crossing. Joining us now is Democratic Congresswoman Veronica Escobar of Texas. She represents El Paso, which has really become the epicenter of the border crisis. She's also on the Judiciary Committee and a Biden Campaign National Co-chair.

It is good to have you, Congresswoman. Look, you were critical of the Biden administration doing this a few months ago, you call it the step backward. You said it was choosing to limit asylum against the laws of the United States. So, do you agree with this judge that is ruled against the White House?

REP. VERONICA ESCOBAR (D-TX): Well, first Poppy, I have to tell you the other part of my statement was an acknowledgment that the Biden administration is doing everything it possibly can, to do two things. First, to deter people from using human trafficking organizations because the cartels are in charge of that now.

And secondly, to create legal pathways to encourage people to use the legal pathways, which are safer, and help keep people away from those human traffickers. So, the Biden administration is doing the best that it can, given that Congress has not acted on addressing our broken immigration system in 37 years.

So, while I would love to see a different policy, really, it's in Congress. And today, for example, in the House Judiciary Committee, we're having Secretary Mayorkas and instead of my Republican colleagues talking about a better path, a way to be helpful and do our job as legislators. They're focused on impeaching Secretary Mayorkas.

HARLOW: Some have called for that for sure. I will note some of your Republican colleagues have also called for legislation like Republican Congressman Tony Gonzales, who's put forth the higher act, one thing that you have supported. We'll get more to what he said in a moment. But just so I can be clear, you didn't want this policy in place. Now, a judge is saying it's illegal. Do you want to see it gone? Or do you want to see it remain?

[08:25:17]

ESCOBAR: Well, I want to see Congress act.

HARLOW: I know but we all do, Congresswoman.

ESCOBAR: Yes.

HARLOW: But this is really impacting your district?

ESCOBAR: Yes.

HARLOW: So, I'm wondering if you want it gone, or you want it to remain?

ESCOBAR: I would like to see us come up with a policy together that would not just open up legal pathways, but also that would deter migrants from using the cartels. This is the best that the Biden administration has come up with. It really is on Congress.

So, while I'm uncomfortable with the policy, the only alternative is for Congress to legislate. And I put forth -- put forth my own bipartisan, comprehensive immigration reform bill that would address --

HARLOW: Yes.

ESCOBAR: -- all of these issues.

HARLOW: Yes. You absolutely did. And that is one of the questions. That's called the Dignity Act. And that puts forward some other policies. I'd like your response to what Republican Congressman in your neighboring district, Tony Gonzales told us on Monday. This is about a separate issue. This is about those buoys that are floating put there by Governor Abbott in the Rio Grande. Here's what he said about them.

(BEGIN VIDEO CLIP)

REP. TONY GONZALES (R-TX): I support the buoys because they are deterring in preventing people from entering the country illegally. But we have to be -- we have to be compassionate in how we handle anyone. I don't want to see them get in the river at all.

And I hope when they see these buoys they turn around. But I also don't want to see any law enforcement not handing out water, not treating people with humanity, but you have this. It's always somebody else's fault but mine. And it's always somebody else that's going to solve it.

(END VIDEO CLIP)

HARLOW: He's uncomfortable with them. But he also, is I think, making the same point that you're making. Congress repeatedly fails to act to address this issue. And because of that repeated failure of your body as a whole. Do you blame the Biden administration for trying to act you in a unilaterally?

And in the same token, do you blame Governor Greg Abbott for saying, I have the authority to do this? He believes in the Texas Constitution. I don't know if that's going to hold up in court. But he's saying this. We have to do this because Congress has failed.

ESCOBAR: Well, let me be clear, the buoys are horrific. They are and they are not a deterrent. Anyone who believes that buoys or concertina wire are somehow a deterrent for desperate people who are seeking asylum. Obviously, as ignoring the reality on the ground. We've heard reports from the Texas Department of Public Safety from whistleblower who talked about women and children being caught up in that concertina wire.

And we've seen it on video that the buoys don't essentially deter people. And also, let's be clear, Governor Abbott does not have jurisdiction when it comes to immigration. That is a federal responsibility. And as I mentioned, the Biden administration is doing everything possible as the executive in the absence of congressional action.

HARLOW: I would note the Department Justice has brought this suit, interestingly, on environmental grounds, not on immigration grounds. Saying, you're violating the statute Section 33 of code 403. The question is going to be up to a judge, right? Are there in violation of that or not?

I wonder what you think about Beto O'Rourke. He has an op-ed in the New York Times this morning. Obviously, he held your seat for six years before you. And he's saying that the President should come in and remove these buoys unilaterally.

He says, "This is the President's chance to show Americans that a humane approach is not only the right thing to do, it's the best way to establish safety at our southern border." Do you want to see the Federal government come in here swoop in and take them out?

ESCOBAR: I would love to see Federal personnel sent to remove everything that is on federal property. But I am grateful to the administration, the DOJ is acting taking the governor to court. That is the process and I support that process.

HARLOW: OK. Finally, you obviously, we mentioned, sit on the Judiciary Committee. Secretary Mayorkas will be in front of you and your colleagues this morning answering questions. Republicans have said that he is displayed a dereliction of duty, there have been some calls to impeach him. Do you think there are things that Secretary Mayorkas could have done better?

ESCOBAR: You know, the Biden administration and Secretary Mayorkas inherited a broken system. And for context, the increasing it numbers of migrants arriving at our Nation's southern border began under the Trump administration.

The only drop in crossings happened during COVID when the globe shut down, basically. And those numbers went back up a couple of months later, long before the Presidential election even longer before President Biden was inaugurated.

[08:30:00]