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CNN This Morning

Hearing Set For Monday In Mark Meadows' Request To Move Case To Federal Court; D.A. Proposes Oct. 23 Trial For Trump, Co-Defendants; Updated COVID Vaccine Likely Coming Mid-September; Early Testing Suggests Variant BA.2.86 Has Been Detected In U.S. Wastewater; FIFA Suspends Spain's Football Federation Chief Rubiales Over Star Player Kiss. Aired 8-9a ET

Aired August 26, 2023 - 08:00   ET

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

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[08:00:51]

AMARA WALKER, CNN ANCHOR: Good morning, everyone. Welcome to CNN THIS MORNING. It is Saturday, August 26, 08:00. I'm Amara Walker.

RAHEL SOLOMON, CNN ANCHOR: And I'm Rahel Solomon in this morning for Victor Blackwell. Great to be with you, Amara. And thank you for spending part of your Saturday with us. Amara, good to be back with you even virtually.

And here's what we're watching this morning. Now not all of the defendants in the Georgia election case have turned themselves in, we're learning more about their legal strategies. Also how the Trump team is hoping to capitalize on the former president's arrest.

WALKER: A brutal heatwave is gripping parts of the country this weekend with dozens of cities set to break records again when we expect to get even hotter.

SOLOMON: Also live pictures out of Washington, D.C. where the 60th anniversary of the March of Washington is set to kick off later this morning. March on Washington, a look at the significance of the events and why some say that decades after Dr. King's I Have a Dream speech, there is still more work to be done.

WALKER: And the moment months in the making, two sea lions swimming to freedom after being sickened by toxic algae. The work that went into getting them healthy and back out into the wild.

And we begin this morning with prosecutors in Fulton County preparing for a speedy trial for some of the 19 defendants charged in the Georgia election interference case. But the defense team for former President Trump is trying to delay the start. Trump and his 18 co- defendants are facing a variety of charges including racketeering and conspiracy. They all surrendered ahead of yesterday's noon deadline.

SOLOMON: The Republican front runner flew in from New Jersey to turn himself in on Thursday evening. He was released on bail immediately after being processed. Now this morning, only one of the 19 co- defendants remains in the Fulton County Jail. You're seeing him here. Last night a judge declined to set bond for Harrison Floyd, he's a leader of Black Voices for Trump. During the hearing, he told the judge that he couldn't afford to hire an attorney, but the judge informed him that he didn't meet the eligibility requirements for obtaining a public defender.

WALKER: Let's go now to CNN's Jeremy Herb. Good morning, Jeremy. So, what are the next steps in the case?

JEREMY HERB, CNN POLITICS REPORTER: Yes, this is where this is going to get really interesting. And there are a lot of moving parts here, as you said, both in terms of when this trial is going to happen, what court this trial might end up in, and we're going to see this play out in the coming days. So the first thing is, when will the trial take place? So there were two of the 19 defendants, Kenneth Chesebro and Sidney Powell, they have requested what is called a speedy trial. And that is where we get this October 23 date.

President Trump, he is opposing this date. And so, that is -- that's only the first conflict we're getting in terms of the -- what the timing of this. But so far a judge has set that October date for Mr. Chesebro. So that's step one.

Now step two, there are five of the 19 defendants who have requested that their state cases be moved to federal court. It includes Mark Meadows, the White House Chief of Staff, Jeffrey Clark, who was a DOJ official, and three Georgia officials who were fake electors after the 2020 election. Now, all of them say that what they were doing was acting in on behalf of the federal government. In the case of the fake electors, they say that they were acting at Trump's direction when they sign the form saying that they were the electors of the state of Georgia. We're really going to get the first sense of this on Monday because that is when Mark Meadows, he has a hearing in U.S. District Court where he's going to try to get his case separated and moved to federal court.

And what's interesting about this hearing, it's going to give us some actual evidence. Fani Willis, the district attorney, she subpoenaed several witnesses who could testify at this hearing, including the Georgia Secretary of State Brad Raffensperger. He was the one of course who was on Trump's call when Trump asked him to find the votes he needed to win the state of Georgia that kicked off this investigation. So this -- it's not a trial yet, but this will really give us the first sense of the evidence that Fani Willis has gathered here and we'll see sort of how that shapes the trial and when, of course, this trial will take place going forward, Rahel and Amara.

SOLOMON: A lot to watch here. Jeremy Herb, thank you.

[08:05:00]

I actually want to pick up where Jeremy left there. Joining me now is criminal defense attorney and Chair of Antitrust at Arnall Golden Gregory, Jeffrey Jacobovitz.

Jeffrey, good morning and thanks for being with us. So let's pick up there.

JEFFREY JACOBOVITZ, CRIMINAL DEFENSE ATTORNEY: Good morning.

SOLOMON: Now that all 19 have surrendered by the Friday deadline, we turned to Monday, where former Chief of Staff Mark Meadows has that hearing to try to move his case to federal court, try to separate his case. What can we expect here? Is this the type of hearing where we could actually see and hear him in court?

JACOBOVITZ: Well, I would think it's very unlikely that you will see him here. I mean, you will see him in court, it's unlikely you will hear him in court, because he will try to preserve his testimony most likely for later on during the trial if he testifies. But he will try to argue that he's acting under the color of the federal government. But the argument is a weak one, because electoral duties and elections are part of the state and relegated to the state. And that's what he will have to prove in order to get his case removed.

SOLOMON: I see. So you think it's a weak attempt? I've heard others say that, you know, it's strategic, so I guess we'll see how this all plays out. What do you think about the strategy of trying to separate your case from the others, whether it is in the case of Mark Meadows trying to move his case to federal court or whether it's in the case of other defendants like Kenneth Chesebro who want a speedy trial? What do you think about that strategy?

JACOBOVITZ: Well, it's not a bad idea to separate your case from others, except Mr. Chesebro probably did not want to go to trial with Sidney Powell. And it looks like that will happen. And it will make his chances of acquittal much more difficult. And what we hear -- we're talking here about a RICO conspiracy. The government doesn't have to prove all 98 overt acts, they have to move to predicate acts to allege the RICO and prove the RICO.

And so what makes this trial more difficult, I think, he came up with a sooner date under the Speedy Trial Act, and Fani Willis said, sure, we'll give you that and we'll make it even better, we'll make it shorter. So, it's an interesting dynamic, because if Chesebro and Sidney Powell are convicted, you will see other defendants running to Fani Willis trying to cooperate and cut a deal because they will see that the evidence played well in Georgia.

SOLOMON: Well, that's my question, actually. So let's say that October 23 trial date holds and discovery starts being produced, I'm not sure how quickly discovery would start to be producing, please help us understand that. But do you start to think that we get other defendants who perhaps maybe want to cut a deal seeing what's out there but also what happens in the case of Chesebro or Sidney Powell?

JACOBOVITZ: I think absolutely, that's a good point. Not all 19 will go to trial together. And in fact, you have one of the defendants who's being held without bond right now sitting in jail, waiting to get an attorney, and that usually facilitate somebody to cut a deal, because once you start sitting in jail, it's not a pleasant experience. And he started trying to work something out with the prosecutor, which includes cooperation. And I think in fact, this point wasn't really being made. When everybody took a mug shot in jail and walk through the jail, that's really a wakeup call when you're walking through a jail. Having represented some people who were held on bond or held without bond, and being in different jails, it's not a fun experience. And once a defendant goes through the jail process, they start thinking about, is this a place where I want to be or do I want to try to work out a deal with Fani Willis to avoid going to jail?

SOLOMON: Yes, Harrison Floyd still there as we just saw on the on the graphic there. Jeffrey, let me ask, every defendant will of course try to put their best case forward as they should. But some of those charged in this case, such as the fake electors have said they were acting at the direction of the president. So, you're a defense attorney, if you're defending the guy at the top, the former president, what's the defense?

JACOBOVITZ: You know, it's interesting, because the defense there is trying to separate the case from them. And Trump's defense is delay, delay, delay to see if he's reelected or Republican is reelected and he gets a pardon or he instructs the attorney general not to prosecute him. But in Georgia, it's a state case, so you're not allowed to receive a federal report. And however, he would then argue he has absolute immunity, because he's the president and he shouldn't be prosecuted. But what happens frequently in criminal cases is one, one defendant starts pointing the finger at the other and it goes back and forth, everybody gets convicted.

SOLOMON: Oh, wow. Well, that's quite a statement, Jeffrey. Let me just ask before I let you go. Trump, of course has continued to deny any wrongdoing, but from your perspective, four cases, two federal, two state, I mean, which poses from what we can tell in terms of what's out there the greatest threat to Trump legally?

[08:10:01]

JACOBOVITZ: Well I think January 6 poses the greatest threat, the D.C. case because that will definitely go to trial or at least, I would assume and the trial date hasn't been set yet, but that will go to trial before the election. And so, it could be that Trump would have a conviction on his record prior to the election. So I would think that Jack Smith January 6 trial poses his greatest danger.

SOLOMON: A lot to watch here. Jeffrey Jacobovitz, great to have your insight today. Thank you.

WALKER: Donald Trump is using his mug shot to fundraise. Shortly after his fourth arrest it appeared on Trump's website above a note that asked supporters to donate to his campaign. Trump even marked his return to X, formerly known as Twitter, by sharing the photo and linking to the fundraising website. And there's more, the Trump campaign is also now selling never surrender themed merchandise, offering mugs and teas and beverage coolers with the infamous jailhouse photo that ironically came from the day of his surrender.

SOLOMON: And President Joe Biden also trying to bring in some cash amid Trump's legal troubles. So on the day of Trump's latest arrest, the President took to social media to post a link to his donation site saying, "Apropos of nothing, I think today's a great day to give to my campaign." It was a rare move for Biden who has refrained from fundraising on any of Trump's previous arrests.

WALKER: Yes. Now, Biden is headed back to the White House today after a vacation in California. And that is where we find CNN's Priscilla Alvarez this morning.

Good morning, Priscilla. So what else we do we know about how Biden and his team are reacting to Trump's surrender?

PRISCILLA ALVAREZ, CNN WHITE HOUSE REPORTER: It's been limited so far to that small but notable moment that you just showed there with the President's tweet on Thursday. Now, he tweeted that just as the former president was going into the Fulton County jail to be arrested. Now, as you mentioned, the President and the White House have been reluctant to weigh in on any Justice Department investigations for fear of interfering and they have avoided touching any of Trump's legal problems. This is also true for the Biden campaign, which has refrained from fundraising over the last three prior indictments of the former president.

Now, again, the -- President Biden tweeting this this week marked a bit of a change, but it's unclear whether that marks any type of shift moving forward and how the president and the White House weigh in on Trump's legal troubles.

SOLOMON: Priscilla, we know that Biden has launched a new ad hitting some GOP candidates on their stance on abortion rights. Tell us more about this. We know that this is an area that the campaign thinks that the public and public support is on their side. Tell us more.

ALVAREZ: Campaign officials have been doubling down on a set of issues including the economy and now abortion. Capitalizing on the issue and seeing it as a way forward, a way that they can shore up voters going into the 2024 election. And that's clear through this digital ad, which they released this week, also the week where we saw the GOP presidential debate. And in this ad they go after former President Donald Trump, Florida Governor DeSantis and Senator Tim Scott over their abortion stances. Take a listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Reproductive health care decisions are among the most personal a woman will ever make. They are choices that should be made by you and your doctor. And the last people who should be involved are these guys.

DONALD TRUMP, FORMER UNITED STATES PRESIDENT: First of all, I'm the one that got rid of Roe v. Wade.

UNIDENTIFIED MALE: Florida Governor DeSantis quietly signed into law.

(END VIDEO CLIP) ALVAREZ: Now this is a ad that's going to run for two weeks. It's going to hit battleground states and intended to target women in those states. But of course, it just goes to show that the campaign is going to double down on abortion rights going into the election, seeing it as a way forward and also trying to, as they say, stay above the fray and focus on the issues.

SOLOMON: Priscilla Alvarez live for us in Washington. Priscilla, thank you.

WALKER: All right, turning now to that scorching heat gripping parts of the country, 90 million people across more than 15 states are waking up under some kind of heat alert this morning.

SOLOMON: Yes, triple digit heat and upper 90s are expected in the south today and tomorrow. Look at all of that red, but a bit of a cool down could be on the way. CNN Meteorologist Allison Chinchar is with us now.

So, Allison, when could we start to see cooler temperatures?

ALLISON CHINCHAR, CNN METEOROLOGIST: I think that really is the question many people want to know. And yes, it is coming for most folks in the south. You just got to kind of get through the weekend. So we've got a lot of these excessive heat alerts out across portions of the southeast Gulf Coast region, but also into the southwest and that's where you're really going to start to see the temperature skyrocket in the coming days. Now one thing to note, Shreveport hit 110 yesterday time, their all-time temperature record the day before that Houston did the same thing, reaching 109 tying their all-time heat record.

You've still got a lot of these areas that are going to be excessively hot. Houston, we just talked, hitting that 109, they're going to get awfully close to that again only two degrees away tomorrow peaking at 107. New Orleans also looking at temperatures still in the triple digits. But then notice Monday, we finally start to see that dip back down closer to normal. And then it continues Tuesday and Wednesday into the upcoming week.

[08:15:19]

We've already started to see those temperatures retreating a lot less red in the upper Midwest, that's going to continue to shrink just down towards the Gulf Coast region through the weekend before finally getting at least a little bit of a reprieve early next week. Out to the southwest, it's the opposite story, temperatures are actually going to continue to go up. Palm Springs 114 today, topping out at 117 on Monday, Phoenix 113 today going up to 115. Both of those locations about 10 degrees above average. Even areas like Sacramento also looking at above average temperatures.

We're going to get a reprieve here across the Midwest and the Northeast, somewhat of a break in the Southeast. But then again, by the middle of the week, we start to see those temperatures coming back into play across the central U.S. Really the only big reprieve that we could see along the Gulf Coast region next week is going to come in the form of a break from a tropical system and we do have the potential for that, you've got this system here sitting off the Yucatan peninsula that is expected to push into the Gulf of Mexico. We will have more on that and the rest of the tropics coming up for you in the next hour.

WALKER: Allison Chinchar keeping busy. Thank you very much.

And still to come, 1000s of people are expected for the March on Washington's 60th anniversary today. We're going to have more on the historic moment when Dr. Martin Luther King Jr. delivered his I Have a Dream speech.

SOLOMON: Plus, four astronauts are headed to the International Space Station, they're kicking off a mission expected to last about six months.

Also despite the backlash over the kiss controversy, Spain's soccer chief is refusing to resign and more. We'll ask an expert how this incident is overshadowing the women's soccer teams' historic win.

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[08:21:08]

SOLOMON: Welcome back. This Monday marks 60 years since the March on Washington, the day that Martin Luther King Jr. delivered his famous I Have a Dream speech.

WALKER: We want to show you live pictures now from the MLK Memorial in Washington. Later today, 10s of 1000s are expected to gather in front of the Lincoln Memorial. They'll join the King family and other leaders for a rally and march to commemorate the civil rights icon and his legacy. CNN's Jason Carroll is there.

Good morning, Jason. What can we expect to see today?

JASON CARROLL, CNN NATIONAL CORRESPONDENT: Well, we've already heard from some of the speakers this morning keeping on theme that this is not so much a commemoration but a continuation, a continue to fight for civil rights. And, you know, guys, I spoke to two men who are here at this very same spot where I'm standing 60 years ago. I spoke to them about what they experienced then versus where the country is now.

UNIDENTIFIED FEMALE: A march towards actualizing the dream --

(BEGIN VIDEO TAPE)

UNIDENTIFIED MALE: The more (ph) we want now.

CARROLL (voice-over): It was a call for economic and racial equality, a call to action that brought more than 200,000 people to the National Mall in Washington, D.C. on August 28 60 years ago, a day best remembered for Martin Luther King Jr.'s historic, I Have a Dream speech.

MARTIN LUTHER KING JR., ACTIVIST: Now is the time to make real the promises of democracy.

CARROLL (voice-over): Among the hundreds of 1000s, two young activists who were filled with hope.

COURTLAND COX, CHAIRMAN, SNCC LEGACY PROJECT: I was all the way up in the top.

CARROLL (on camera): All the way on the top over to the left?

COX: Yes. You know, within the left.

CARROLL (voice-over): Courtland Cox is now 82. But 60 years ago, he was a 22-year-old working for the civil rights organization SNCC, the Student Nonviolent Coordinating Committee.

COX: And what I remember is the platform is there in the center.

CARROLL (voice-over): Edward Flanagan was there too.

(on camera): Where were you? Do you remember?

EDWARD FLANAGAN, ATTENDED THE MARCH ON WASHINGTON IN 1963: I was sitting on the wall up top there by the entertainers.

CARROLL (voice-over): Flanagan is at now, but on the day of the march he was a 20-year-old who had just finished his shift as a waiter. Like scores of others, he wanted to take a stand for civil rights.

FLANAGAN: I was very close to Joan Baez. OK? I was able to notice she was barefoot. And I have a new pair of shoes.

CARROLL (on camera): She was barefoot?

FLANAGAN: She was barefoot.

(SINGING)

CARROLL (voice-over): A march six decades ago now seen through the eyes of two different men who shared the same goal many did that day.

FLANAGAN: It was in fact a march for jobs and freedom.

COX: I thought it's a day is that we succeeded in changing this country.

CARROLL (voice-over): As a young organizer, Cox was responsible for arranging safe transportation for people making the trek from the South to Washington, D.C. He says there were challenges from top to bottom much had to be done in very little time.

COX: The challenge on the bottom was the logistics of getting people here. Over a period, I'm trying to get trail ways, buses, I'm trying to get Greyhound buses, and the drivers are saying, look, it's dangerous bring in people for the south. The challenge from the top was the Kennedy administration was opposed to John Lewis' speech. CARROLL (voice-over): Cox worked alongside then 23 year old civil rights activist, John Lewis, who was the chairman of SNCC. This picture shows the two men as they rewrote the speech to tone it down to make it less critical of the Kennedy administration's civil rights bill, which they felt didn't go far enough to protect people from police brutality.

COX: John Lewis, Jim Forman and myself went to the back of the Lincoln Memorial rechanging John Lewis and speech to make sure that while it was critical it did was not negative.

[08:25:00]

CARROLL (on camera): That had to have been an incredible moment.

COX: Oh yes. But which was more incredible to me is that John got up after all of that controversy and delivered a fantastic speech.

JOHN LEWIS, ACTIVIST: It is true that we support the administration's civil rights bill, we support it with great reservation, however --

UNIDENTIFIED FEMALE: I've never been here before.

UNIDENTIFIED FEMALE: You've never been here?

UNIDENTIFIED FEMALE: I've never been.

UNIDENTIFIED FEMALE: Well, that's very --

CARROLL (voice-over): This week fine again, brought his daughters back to the place history was made. He'll be back again Saturday.

FLANAGAN: That's the fact where the entertainers were.

CARROLL (voice-over): Cox prefers to stay away this time saying his marching days are behind him. Both agree, while much was accomplished that day, the work is not over.

FLANAGAN: We are still, well in a much better place than we were in '63, not in the place where one would expect 60 years on.

COX: We succeeded in doing a number of things by what we did in the past. But we also know that we have to do much more for the future.

(END VIDEO TAPE)

CARROLL: So some of the themes being addressed here today, voting rights, educational rights and economic equality. Some of the same things that Mr. Flanagan and Mr. Cox and 1000s of others who gathered here 60 years ago were fighting for still fighting for today. Guys, back to you.

SOLOMON: Yes, Jason, as you say, the theme being not necessarily a commemoration but a continuation. Really interesting piece, Jason. Also really interesting to know some of what was happening behind the scenes of some of those speeches. Jason Carroll live for us there in Washington. Thank you, Jason.

WALKER: Thank you, Jason.

All right, still to come and updated COVID vaccine will be available soon to fend off the new variant circulating right now. We're going to ask an expert why it's important to get a new shot.

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[08:30:37]

WALKER: While some new COVID-19 vaccines will soon be heading to pharmacies, the shots are being tweaked to keep up with the COVID variants that are now circulating. The FDA is expected to give the go ahead on the new shots in just a few weeks. President Biden has asked Congress to provide more funding to help with that new vaccine.

(BEGIN VIDEO CLIP)

JOE BIDEN, U.S. PRESIDENT: It works. Tentatively not decided finally. Tentatively, it is recommended that we're elected directly and everybody get no matter what they got.

(END VIDEO CLIP)

WALKER: The CDC is tracking a new variant that has been found during a preliminary test of wastewater. The highly mutated variant was collected in the U.S. but the CDC is not saying where. It has also been detected at low levels in Switzerland.

In the meantime, it could be time to break out your masks again. A growing number of hospitalizations because of COVID have triggered the concern. Some experts are urging people especially those with a higher risk of contracting COVID to mask up.

I'm joined now by Dr. Jayne Morgan. She is a cardiologist and the Executive Director for Health and Community Education at Piedmont Health Care in Atlanta. I hate that you're not here with me here is to do in Atlanta. But hey, if you're going to be out in Amsterdam, that that's all fine with me. So thanks for joining us.

So first off, tell us more about this variant Dr. Morgan. I mean, how widespread it is it and, you know, people who are getting this variant, you know how bad or not is the infection.

DR. JAYNE MORGAN, CARDIOLOGIST: And so we have three variants. Now the XBB.1.5 and also the EG.5, those are the ones that are rapidly becoming the most dominant variants in the United States and also around the world.

As you noted, I'm here in Amsterdam today. But then we have this BA.2.86 variant, which is an offshoot of Omicron. But another branch of the Omicron family, this BA.2 branch. And so far, this particular variant has been interesting in that the World Health Organization has given it a connotation of a variant under monitoring, even though it doesn't specifically fit the criteria. In fact, the World Health Organization altered the definition to

include this particular variant, specifically, to include the fact that it has an unusual -- unusually large number of mutations without a lot of genomic sequencing, and that it's unclear what its evolutionary advantage will be.

Generally variants under monitoring so that they can out compete other variants. This variant is not showing that it can out compete so the World Health Organization altered its definition just to include this variant.

WALKER: Generally though, how sick are people getting from COVID this time around? Are we seeing it coming in a milder form?

MORGAN: And so far, the disease appears to be the same as the rest of this Omicron family. Don't forget, we are still in Omicron. There's so many sisters and brothers and cousins, it's hard to keep up. But this is still Omicron. And we're talking now about two offshoots of the same family, the same lineage of Omicron. So all of the symptoms are still the same, fairly mild.

That being said, we have people who are immunocompromised or challenged in other ways. We certainly see hospitalizations that have nearly tripled in the last two months across this country, still not anywhere near the peak of where they were. But we have seen that trajectory unfortunately going in the wrong direction. And in August, we're almost at three times the number of hospitalizations that we had in June.

WALKER: So who should be wearing masks? Should we be wearing masks?

MORGAN: No, Amara. I am here in Amsterdam at the European Society of Cardiology Conference. This is the largest collection of cardiologists that come together every single year from all around the world. 30 or 40,000 of us and I have been speaking to my German colleagues, my Dutch colleagues, my French, my African, my Moroccan and all of us are having the same conversation with regard to whether it is time to have patients coming in to the office and staff mask.

[08:35:00]

Because as you know, patients are also the public, the public comes in, and what are those exposures to your staff and to the people with whom you employ. They're in your offices. And so we all had been having this conversation for the last couple of days.

And I think everyone is waiting to see what is going to happen with BA.2.86. We certainly don't want to jump the gun. But doctors, certainly cardiologists here are very much aware of the uptick in hospitalizations, emergency room visits, and even death. Very much aware of it.

WALKER: I'm definitely seeing more and more people wearing masks. You know, I just got off an airplane yesterday and I was wearing a mask just to keep others safe in case, you know, my cough, you know, what might have been an issue. Let's talk about the vaccine. MORGAN: I mean, Amara, I'm here in Amsterdam, and I was one of only a few people with masks on as well. I'm back to wearing a mask on an airplane as well.

WALKER: Are you? Yes, I mean, I forgot how uncomfortable it is. Hey, you know if it keeps others and yourself safe, why not. What about these vaccines because this we understand that there's a new one that's being formulated to keep up with these new variants. So if there are people who are planning to get a booster like now, should they be waiting for this vaccine to come out?

MORGAN: And so if you need a booster, well, most of us actually need a booster. It's been a while since we've had a booster, have the conversation with your physician with regard to whether you should move ahead to get that booster or wait for the new formulation. Especially if you're immunocompromised. If you are immunocompromised, you have cancer, you have HIV, there may be other reasons where it might be advisable for you to go ahead and get a booster now and not wait.

That being said, although the CDC director announced to NPR, earlier this month that the vaccines would not be available until October. We now have information that these new vaccines will come available by September 15, hopefully, and on September 12, the advisory committee to the CDC will meet to set some final guidelines on how these vaccines will be distributed and who will get them.

And so hopefully, with that accelerated timeline, most people will be able to get in with this new vaccine that is specific to the XBB lineage XBB.1.5 and EG.5.

WALKER: And lastly, I am curious to get your take on you know the public sentiment because a new poll from Axios shows that COVID is at the bottom of Americans list for key public health threats. And it shows that 69 percent of Americans believe contracting COVID poses a small or no risk at all to their health.

So when you're talking to patients, Dr. Morgan, I mean, does it feel like that they are still taking COVID seriously? And you know, how seriously should we be taking it?

MORGAN: You know, I saw that report as well. And I think patients often when you come in to see your physician, you're having a different conversation, and you're listening to try to understand how you're going to protect your health.

But most people at any particular time in their life, we're not sitting in front of a doctor and having that patient conversation. We would like to see everybody come in at least once a year. But let's face it, most people do not see a physician once a year. So that is a narrow demographic.

When we look at the BA.2.86, we only see 10 cases worldwide. Those cases are unrelated, which is good news, but also bad news, because it may pretend that it is more widespread than we actually can track, that we actually think since they are unrelated, and we really don't have this surveillance.

If the BA.2.86 were to take home, then our vaccines this year would probably be a poor match for this particular variant if it were to become dominant, that's a lot of ifs. That being said, we do have some background. We are not a naive population anymore with regard to immunity.

We all have some immune status either via infection or vaccines. And so the new vaccine will be somewhat protected against BA.2.86 but more effective against the currently circulating variants.

WALKER: Got it. All right, a lot to take into account with your doctor. Dr. Jayne Morgan, I'm going to call you. Thank you so much. Back after this.

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[08:43:44]

RAHEL SOLOMON, CNN ANCHOR: And also some other headlines this morning. Two people were shot while attending a White Sox game in Chicago Friday night. Now at this point details are still limited. But according to our CNN affiliate WLS the shooting apparently happened in the left field bleachers.

WALKER: One person was shot in the leg the other grazed by a bullet in the abdomen. Police say they responded immediately and the game was not interrupted. After a summer of extreme heat and dry conditions and unprecedented number of wildfires are burning right now across Louisiana. The worst of them the fire on Tiger Island which has now burned more than 20,000 acres.

Residents all across the southwest portion of the state have been evacuated including the town of Maryville, which is home to about 1,200 people. And now a statewide burn ban is in place. Officials say everything from agriculture burning to grilling out are all highly discouraged. Some 441 fires have burned this month alone in Louisiana.

SOLOMON: And four new crew members are on their way to the International Space Station after lifting off earlier this morning. The Falcon 9 rocket blast -- blasted off from Kennedy Space Center in Florida.

[08:45:04]

The new crew members come from the U.S., Denmark, Japan and Russia. Now when they reach the station they will join seven other astronauts who have been there since March.

WALKER: Droves of sick and dying sea lions are washing up along the coast of Southern California.

SOLOMON: Yes, this is apparently being caused by an outbreak of toxic algae on a scale. Official say has never been seen before. Wildlife rescuers say they're doing everything they can to try to save the sea lions, who are suffering from seizures and paralysis due to all the toxic algae. CNN's Stephanie Elam caught up with some of those rescuers when they released to sea lions back into the ocean.

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STEPHANIE ELAM, CNN CORRESPONDENT (voiceover): A joyous moment months in the making. As two sea lions now fully recovered, burst onto a Southern California beach, slide into the sea and swim off to freedom.

The journey back into open water for these two was long and uncertain, which made preparing for the release all the more rewarding. The sea lions were driven to nearby Cabrillo beach for their final release.

UNIDENTIFIED MALE: It's a nice day.

ELAM: But unlike too many others this summer, they were lucky to survive. Thanks to the heroic efforts of animal Rescuers at the Marine Mammal Care Center.

UNIDENTIFIED FEMALE: So sorry sweetheart.

ELAM: Who have been treating more than 120 sea lions for domoic acid poisoning in recent months.

BRAD TORSONE, WILDLIFE RESCUE TECHNICIAN, MARINE MAMMAL CARE CENTER: There were animals having seizures and giving birth on the beach at the same time.

ELAM: Some sea lions didn't survive despite being treated, poisoned by an extended toxic algal bloom along the Southern California coast. That spread from Santa Barbara to San Diego.

JOHN WARNER, CEO, MARINE MAMMAL CARE CENTER: It was the worst for many reasons the size, the scale, the scope of it, but also the toxicity of the algae.

ELAM: CNN was there the day rescuers found one of the two sea lions released this week.

UNIDENTIFIED MALE: She is having a small seizure what we'll do is just be very gentle with her.

ELAM: She's now known as Sophie. But when she was rescued two months ago, she was malnourished and suffering from multiple seizures and rescuers weren't sure she would make it.

TORSONE: When picking up, they're, you know, lethargic and sick, starving oftentimes.

ELAM: Sophie gained 35 pounds while in the center's care, and that adds up to a lot of fish. The extreme crisis stretched the center's ability to care for so many sick sea lions.

WARNER: We had a delay in rescuing animals for a good two weeks during this event because we ran out of space, that is something that definitely breaks our heart.

ELAM: Algal blooms occur in nature, but this year, the high levels of toxins lead to record poisonings dolphins dying in open water than washing up on shore. Sea lions acting erratically, some having seizures, others paralyzed. One pup desperate for his mother's milk. As she's sedated being treated earlier this summer to flush out the toxins, he survived. But not all of the pups made it.

WARNER: We had 10 that were in our care many of them born on site. Six have survived and are doing extremely well.

ELAM: This one growing stronger alongside his mother every day is now able to participate in puppy play time. Socializing with other baby sea lions, until the pups and their mothers are able to be released as well. And join the first two ready, willing and finally able to return to this sea. Stephanie Elam, CNN, Los Angeles.

(END VIDEOTAPE)

WALKER: So good to see some of them who are able to return. Stephanie Elam. Thank you so much for that report.

SOLOMON: And coming up for us Spain soccer chief says he's not backing down. He is refusing to resign after fierce criticism over an unwanted kiss on a star player. Details on that incident after a quick break.

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[08:53:09]

SOLOMON: Welcome back in this just sent to CNN. Spain's soccer chief Luis Rubiales has been provisionally suspended by FIFA. This comes after Rubiales came under fire for forcefully kissing star player Jennifer Hermoso after winning the world cup.

WALKER: Yes, CNN's Andy Scholes is here with more obviously a huge story lots of twists and turns and now this.

ANDY SCHOLES, CNN SPORTS ANCHOR: Yes, Amara. We talked about earlier this story, you know, it just keeps turning a different way every second you never know what's going to happen within FIFA has now decided to step in and suspend Luis Rubiales after, you know, they had said they were going to open disciplinary proceedings against him but after all the backlash now again, suspending him immediately starting today.

And this is just another turn in this story. You know many expected Rubiales to resign after he was heavily criticized for forcefully kissing, Jenni Hermoso during the World Cup trophy presentation, we'll show you that kiss right here, you know, but not only did Rubiales not resign yesterday in front of an extraordinary general assembly that was called. He doubled down. He said that that kiss was mutual and he said that he was going to fight to the end calling what was happening to him an unjust campaign and fake feminism.

Now after that the player who was forcibly kissed Hermoso released a statement saying in no way was that kiss mutual she said quote, I felt vulnerable and a victim of an impulse driven sexist out of place act without any consent on my part. Now Hermoso also said she had been pressured to actually release a

statement saying the opposite. She was pressured to release a statement that would verify Rubiales's version of events. Now Spain's women's players they're standing by Hermoso saying they will not play until Rubiales is out.

Well, Rubiales in his office they've now tripled down saying that he has not lied in his version of events and in a statement they threat legal action against Hermoso.

[08:55:00]

the Federation also want to say the players have an obligation to participate in matches. So Amara, this is a situation I assume that once they saw that statement that was released --

WALKER: Yes.

SCHOLES: -- not too long ago that --

WALKER: Yes.

SCHOLES: -- they were -- he was threatening legal action. They're like enough is enough and FIFA stepped in.

WALKER: And I wonder I mean, he's he was suspended. So perhaps is just the first part of, you know, the reaction from FIFA? Because that means, you know, it's not permanent. Yeah, right. In terms of him not being --

SCHOLES: This isn't a situation where we found that someone could just fire him. It's a long process. They have to go through hearings and whatnot, and his side has to be heard and it's a back and forth thing. So it's not as simple as someone could just say you're out. So that's where we are right now.

WALKER: Wow. All right. Well, he has been suspended. We'll see what happens next. Andy Scholes. Thank you. Appreciate it.

SOLOMON: And thank you for being with us. But join us again in one hour.

WALKER: "SMERCONISH" is up next. We'll see you back here at 10:00 a.m. Eastern.

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