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Supreme Court Agrees To Hear Donald Trump's Immunity Claim; Donald Trump And Joe Biden Hold Dueling Border Visits; Mitch McConnell To Step Down As Republican Leader In November; Rep. Andy Kim Files Lawsuit Over New Jersey Ballot Design. Aired 6:30-7a ET

Aired February 29, 2024 - 06:30   ET

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

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[06:30:54]

KASIE HUNT, CNN ANCHOR: All right, a live look at the White House. Joe Biden the current resident. Donald Trump, of course, trying to figure out a way to move back in next January.

Good morning. Thanks for waking up with us. I'm Kasie Hunt, just after 6:30 here on the East Coast.

Donald Trump's campaign strategy and legal strategy are basically one and the same with the Supreme Court, potentially giving him an assist here. The highest court's decision to take up the former president's presidential immunity claim could push Trump's federal election subversion trial to around Labor Day. Raising major questions about what the Justice Department would do given its general policy not to interfere in elections.

Why is this also critical? Take a look at this. Exit polling from the Republican contests in Iowa, in New Hampshire and South Carolina where about a third of GOP voters say they don't think Trump's fit for the presidency if he is convicted of a crime.

Our panel is back, Elliot Williams, Stephen Collinson, Sarah Longwell and Kate Bedingfield.

And actually, Kate, let me start with you. Because I don't feel like we've dug into kind of what the Biden campaign really thinks of all of this and how they're kind of positioning themselves or preparing for all of this. I mean, what has been the conversation behind the scenes? And I know you're still in touch with people you used to work with at the White House? What's the traffic on that?

KATE BEDINGFIELD, CNN POLITICAL COMMENTATOR: Yes, I mean, look, I think they think writ large, this is still a good thing for them for this to be front and center.

I mean, of course, would they prefer to see the trial play out before the election? Yes, of course. I mean, people, we see in the numbers, that as we were talking about in our last segment, when people say if he's convicted of a crime, it will have an impact on their vote. But regardless, for them, this is Donald Trump front and center on one

of the issues that he is most vulnerable on, which is this idea that, you know, not just that he's a threat to our democracy, but also actually sort of a bigger issue that he's all about himself.

That, you know, power is for him a personal pursuit that the presidency is not about, you know, what's happening to you, your family at your kitchen table. But, you know, it was really about his, you know, personal grievances and vengeance.

And so, those two things combined those two kind of narratives combined in a way that is helpful to the Biden campaign, it helps them illustrate the difference.

SARAH LONGWELL, REPUBLICAN STRATEGIST AND PUBLISHER, THE BULWARK: Yes, I think -- look, I think that the Trump campaign might have been lulled into a false sense of security around the legal issues by the Republican primary voters. And they just can't tell you how different Republican primary voters are from these general election swing voters.

The Republican primary voters are the ones who are going to say like, this is a two tier justice system. I'm furious about this. This makes me want to vote for Trump more, but it is those swing voters, right- leaning independents, soft GOP voters, they're the ones who say, they still have respect for the courts, they still think that, you know, if somebody actually is convicted of a crime, that matters to them. And so, I do think it'll make a difference in the general election.

HUNT: Yes. Briefly, Elliot, before we're -- I want to talk about the border too here in just a second. But on that kind of question of institutional trust. How does that -- I mean, how do you view that as someone who has worked inside that system?

Because I also think, I wonder, I guess, is there a difference in how people feel about the Supreme Court and whether they trust the Supreme Court versus whether they trust the outcome of a trial?

ELLIOT WILLIAMS, CNN LEGAL ANALYST: There is an astonishing amount of data on the fact that Americans just trust institutions overall, including courts generally. And it's -- and you know, frankly, to some extent, this goes back to Bush versus Gore, which did have an impact on the 2020 election -- on the 2000 election. And it happened, sort of, you know, based on its timing, and so on.

So, there's no winning here for anybody. The court is going to come out with its reputation tarnished, because in some way, they're going to rule in favor of a major candidate for the presidency. And I don't think -- this is part of a big broader trend in America as how people see courts in the law generally.

HUNT: Really, really tough reality. All right, you guys are going to stick with us. But I do want to take a turn and take a look down on our southern border because President Biden and former President Trump are actually both going there on the same day. Trump is going to speak in Eagle Pass, Texas. Biden will be about 300 miles away in Brownsville. He's going to meet with local leaders and Border Patrol agents and Rosa Flores joins us now. She is in Eagle Pass.

Rosa, thanks very much for being here. What is the significance of the location where Trump is going to be going? What's he going to see versus what President Biden is going to see?

[06:35:03]

ROSA FLORES, CNN CORRESPONDENT: Well, Kasie, good morning. You know, what President Trump is going to see here in Eagle Pass is a lot of military toys. He going to see Humvees and soldiers with long guns, razor wire, shipping containers that form a border wall.

In essence, he is walking into the biggest stage regarding border issues on the U.S. southern border. This is where the biggest border battles are being fought. That's why all these military toys are out here, even though those battles are really being fought in court.

I'm talking about the big border battles between the state of Texas and the federal government. This is where the border buoys are. This is where the legal fight over the razor wire is. This is where the public park was taken over by the state of Texas. That's what you see way behind me because we were moved, of course because of security.

But this is where President Trump is going to be. And to be honest with you, this is where also the line in the sand is drawn when it comes to who are you with? Are you with Governor Greg Abbott, where he has taken over the border and he is showing President Biden how it's done. Or are you with President Biden? Are you with border security being enforced by U.S. Border Patrol?

A lot of Republicans have come here, governors, lawmakers to make that statement to stand with Texas Governor Greg Abbott. And that's exactly what President Trump is going to be. There's going to be a lot of photo-ops, where he's going to be able to be with military, with soldiers with long guns. And of course, that's going to go with that persona of taking the matter into your own hands. That's what we're going to see a lot.

Now, Eagle Pass has gotten a lot of attention from around the country. And one of the concerns from people in this community is that not all of that attention is good. Some of the people here in this community that have been outspoken have gotten threats. Take a listen.

(BEGIN VIDEO CLIP)

AMERIKA GARCIA, EAGLE PASS RESIDENT AND ACTIVIST: Members of our community have had surprise visitors show up on their doorstep. Yes, they are bringing their hate into Eagle Pass. We're being invaded from the North. The people who are coming across the river, they're seeking asylum, the people who are coming to us from the North, they're bringing guns and they're bringing hate.

(END VIDEO CLIP)

FLORES: Now, Kasie, President Biden is going to be just downriver in Brownsville, Texas. The image is going to be very different. There's not going to be all of those military toys that I was just describing. There will be a border wall, of course, that area is not very busy. Right now, when it comes to migrant crossing. The area here is not very busy when it comes to migrant crossings either.

And here's the last thing that I'll leave you with, President Biden will be briefed by federal authorities in South Texas and of course, he will be with local officials. President Trump will be briefed by state authorities.

Kasie, again, that federal state fight here even with who is going to be briefing who. Kasie, back to you.

HUNT: Really, really tough. All right, Rosa Flores in Eagle Pass Texas. Rosa, thank you very much for that.

All right, so we've got these dueling trips to the border, Stephen Collinson. And I know, again, you kind of spend all of your time looking at the big picture and painting it for us.

And I mean, this is just a remarkable reality, right, that we're going to have both of these men on the border at the same time, it says a lot about how important this issue is. I think it also says something about the men themselves. What do you see here?

STEPHEN COLLINSON, CNN SENIOR POLITICAL REPORTER: It's a fascinating sort of multi-layered story here. Probably the most intense clash of the emerging general election so far, I would say, we're going to see a lot more of this going into November presuming Trump is the nominee.

The strategy is very interesting from the White House because the president is going to the border, which has been the symbol of one of his biggest political vulnerabilities. And he's going to stand there, and he's going to take this on. I think it's consistent with what we've seen in recent weeks of the president, looking at his weaknesses of his coalition and some of his vulnerabilities and starting to chip away at them.

We've seen them go and talk to Union voters, for instance, in Michigan. We'll probably see him engaged Arab Americans after what happened up there too. So, this is interesting.

And Trump, clearly, looks like he's a bit angry that the president was barged into his photo-op, and is taking this issue which Trump thinks will get him back to the White House.

BEDINGFIELD: Yes, look, it's it is an aggressive move. And it does actually speak to the power of a photo-op. I can tell you, I mean, I worked on Biden's visit to the border last year when I was still at the White House, worked on the trip, went with him on the trip. You know, and he went -- he visited the border and the thing that emerged from that trip was a photo of him standing in front of the border wall with law enforcement. It was a powerful photo and it is a good -- you know, for the average person who's you know, just going about their life and, you know, maybe picks up the paper and sees, OK, well, there's Joe Biden, you know, at the border.

Those -- the power of those photo-ops is meaningful and so forth. I think for the White House and the Biden campaign to not let have Trump -- you know, not let Trump have this day, you know, completely unchallenged.

HUNT: Do you think that was the point? Is that why they did this? Because we knew Trump was going.

BEDINGFIELD: I think -- I think this was very smart of them. I will -- I will say that.

[06:40:01]

HUNT: Do you think so?

LONGWELL: They have to go on offense on this issue. Like, when you look at any poll that shows when people disapprove of Biden, the number one reason why is the border.

And so, and this matters to swing voters, it's not just Republican base voters, even though -- and Donald Trump has used this issue. Think about what made Donald Trump the candidate for the Republican Party in the first place. What made him in 2016 sort of vault to the top of that field. It was things like building the wall.

I think he was the first one to read how important this was to Americans. And I tell Democrats or anybody who will listen all the time, this is a major vulnerability, you've got to start going on offense. And we've seen some of these House races, Suozzi just won by going on offense on this issue.

HUNT: That was the New York race.

LONGWELL: The New York race, yes.

And so, I think that this is really smart of Biden, I think he's got to do more of this. Because I think if people feel like he cares about it, that will just go a long way. They want to know that this is something that matters to the White House.

HUNT: Yes, Elliot, I mean, one of the -- one of the criticisms of President Biden is -- I mean, they're thinking about doing an executive order right around this. And the argument that they've been making is that, well, we can't do this under the law. We need Congress to do this.

The challenge, of course, is that if they do it now, I think there's a legitimate possible opening criticism, like, hey, why didn't you do this three years ago if you really think this? What does the law say about this?

WILLIAMS: Congress ought to act and step in. So, look, you know, I worked at ICE for five years, and I will take a slightly different -- HUNT: I have forgotten that about your background. I apologize.

WILLIAMS: And no worries. But the number one, these photo-ops do nothing to fix the border. But I agree with everybody here that they are politically powerful, people open their newspapers and see them, it means something, particularly on a president who's seen as having immigration as a vulnerability.

Now, look, Congress had opportunities and 20 -- 2006, 2007, 2013 to address all of these questions, but chose not to, for various different reasons. Sometimes it was the left. Oftentimes, it was the right but Congress can't seem --

HUNT: Also, Congress's sometimes inability.

(CROSSTALK)

LONGWELL: That is why this is different. Can I just say, like, the reason that Joe Biden can go on offense right now is because the Republicans just refused to pass a deal.

HUNT: Exactly.

WILLIAMS: Wide open, yes.

LONGWELL: He put a deal on the -- he put a deal on the table. And so, now, he's got the -- a little more moral high ground that he's had in the past on this issue.

HUNT: Yes. Last word, Stephen, and then I want to talk about Mitch McConnell.

COLLINSON: I think, to your point about photo-ops, this here is the problem why Congress hasn't been able to do anything because immigration does become a photo-op.

Back to the Reagan administration, is the last time that these asylum laws which are being completely overwhelmed by a different type of mass migration that is taking place, not just in the United States, but all over the world is a huge issue in Europe. That's why it never gets fixed.

So, while this is good politics, really, it isn't good policy. And it's something that's really needs fixing.

HUNT: Yes, no, for sure. All right.

So, let's talk a little bit about our newspapers here show the -- I think we've flipped the Washington Post front page, but Mitch McConnell, it's really the end of an era here in Washington with him stepping down.

And, you know, he said he acknowledged that it was time for a new generation, right, in the Senate floor speech that he -- that he made. But there is also kind of this big question about whether -- and I think Mitch McConnell said this, too, that the politics have just turned against him, right? And that he can see that, right?

I'm not sure if he said it so explosive. But he said -- he said, politics is not something I'm bad at. I might be bad at other things, but it's not bad.

Sarah, I want to show you, you conduct these focus groups as we've talked about with voters. And you spoke to some who supported Trump, who also you ask them of what they thought of Mitch McConnell, the outgoing Senate Leader, and they did not hold back. I want to play some of that.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: He's just out for himself and he doesn't do anything for the party. It's like, and we're stuck with him.

UNIDENTIFIED MALE: The challenge with McConnell is he's -- we talked about, or I talked about this earlier about term limits.

UNIDENTIFIED MALE: To have people in Congress that will pass bills that will affect a future generations, and they're not going to be around for the next 10 years doesn't make any sense for this nation. These people in their high 80s, they have no accountability.

(END VIDEO CLIP)

HUNT: I mean, Sarah, this -- it says so much about where things have been. I mean, Mitch McConnell is extremely controversial, but no doubt impactful in terms of especially how he's handled the Supreme Court.

But I think that reality that you just heard there also explains that, like, kind of how and why he's kind of at the political end of the line, what do you make of all of it?

LONGWELL: Yes, I mean, look, in those clips, the voters were sort of talking about his age, and they -- but I don't even think that gets it how much I hear about Mitch McConnell where and it would blow people's minds to hear this, but voters talk about him like he's a RINO, right? He is a vestige of a Republican Party that Donald Trump ran against, defeated, then co-opted, and now is completely in charge of.

And so, Mitch McConnell, you know, they can talk about it like it's a generational change, but it really is a total ideological shift away from the Republican Party that I joined and I was a part of and Mitch McConnell while a great tactician, he just does represent you.

[06:45:09]

There was a tweet that was put out by one of the Republican groups yesterday, sort of making fun of him on his way out and saying Mitch McConnell, Democrat, Ukraine, right? And they were -- they were blasting him because he's part of an old school Republican group that still cares about American leadership in the world and democracy.

And for as much as people have hated Mitch McConnell all this time, they may actually miss him when he's gone a little bit, because the thing that's coming after him is not going to be pretty.

COLLINSON: What's utterly remarkable to me about the -- you know, he hasn't served as he's a RINO and so on. His one legacy, his biggest legacy is, as Kasie touched on, the federal courts.

And just everybody talks about Merrick Garland was the one guy who kept -- no, it was the only two of Obama's appeals court nominees in his final two years were confirmed because of Mitch McConnell.

Trump got 234 federal judges on the federal courts, a quarter of the federal judiciary that will be there for generations carrying out conservative ideals are going to be on courts for generations.

And this idea that Mitch McConnell somehow isn't serving the goals of conservatives is absolute nonsense when you consider nothing else in shrines, political beliefs, then the courts.

HUNT: And Roe vs. Wade was overturned.

COLLINSON: Because of the federal courts, yes.

HUNT: In getting those justices on the bench as well.

COLLINSON: And lower courts too.

HUNT: Yes. Last word.

BEDINGFIELD: He did more to poli -- he also did more to politicize the process of nominating judges and then anybody which is a dangerous -- I mean, it's a dangerous legacy, which we're living with now and will for many years.

But I, you know, it's as Sarah was alluding to, I mean, it's -- I have my issues, but it is frightening to think about what's coming next. You can't imagine one of the three Johns making standing up to Donald Trump a centerpiece of their argument for why they should be the next leader. So, it's -- it is frightening to think about what's going to come next.

HUNT: All right, Elliot, Sarah, Stephen, Kate, thank you guys very much for some great conversations this morning. I really appreciate it.

All right, we've got a bleak milestone. It's important for us to mark in the Israel Hamas war, more than 30,000 people have been killed in Gaza since October 7th. That's according to the mosque controlled Palestinian health ministry.

Israel's airstrikes have displaced nearly the entire population and created a devastating humanitarian crisis. Israel estimates about 10,000 Hamas fighters have been killed since October 7th. More than 1,200 people in Israel were killed during Hamas's attacks on that day and more than 250 were kidnapped and taken hostage in Gaza.

All right, it is 47 minutes past the hour here and we have your Morning Roundup, President Biden undergoing his annual physical, handling it with some humor.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: They think I look too young.

(END VIDEO CLIP)

HUNT: All right. The president's doctor says he's a healthy, active, robust 81-year-old male who remains fit to successfully execute the duties of the presidency, noted.

Defense Secretary Lloyd Austin appearing before the House Armed Services Committee today. He's going to be questioned about his failure to inform the White House about his hospitalization for prostate cancer earlier this year.

And Hollywood, mourning the loss of comedian and "Curb Your Enthusiasm" star Richard Lewis.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: You're talking.

UNIDENTIFIED FEMALE: No, you're talking.

UNIDENTIFIED MALE: You're talking.

UNIDENTIFIED FEMALE: No, you're talking. And you keep talking.

RICHARD LEWIS, COMEDIAN ACTOR: Where'd you get that dress anyway, at a substitute teacher designer warehouse?

(END VIDEO CLIP)

HUNT: Lewis died of a heart attack on Tuesday night at his Los Angeles home. He announced last April that he had been diagnosed with Parkinson's disease. Larry David, set of his friends, "He had that rare combination of being the funniest person and also the sweetest, but today he made me sob. And for that, I'll never forgive him." Richard Lewis was 76 years old.

All right, up next here, Congress set to vote on the deal to keep the government running for now.

Plus, Congressman Andy Kim, he's live on CNN this morning. He is running for Senate in New Jersey and just filed a lawsuit claiming the ballot is unconstitutional. That's next.

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[06:52:48]

HUNT: All right, you may recognize my next guest from a viral photo of him as a sitting member of Congress in the Capitol on January 6th. He was cleaning up garbage after that violent attack by rioters that day. And that day, of course, has since stirred all of the legal repercussions around Trump's role in the insurrection and whether Trump will be eligible to be on ballots across the country.

Well, it's not just the Republican presidential front runner who takes issue with a ballot in his race. Joining me now is Democratic Congressman Andy Kim of New Jersey who is running for Senate there this year. Congressman, thank you so much for being here.

REP. ANDY KIM (D-NJ): Thanks for having me this morning.

HUNT: So, I just want to give our viewers context, if they're not paying close attention to this race, it's to run against Bob Menendez, the Democratic former chairman of the Foreign Relations Committee. And essentially, it's a heated Democratic primary in which the party apparatus in New Jersey has a lot of control over how the ballot appears. I'm going to kind of show people a mockup of it in a second.

But first, you filed a lawsuit because you don't think what's happening to you is fair. Do you think in New Jersey Democrats are practicing what they preach about making sure elections are free, fair and democracy first?

KIM: Well, thank you for raising that. I am trying to do exactly that. You know, I stood by while I was right there with Biden when he gave his January 6th speech and he said, you know, we know who Donald Trump is, but who are we?

And I think a fundamental question is, who is the Democratic Party? I believe that the Democratic Party is the party of protecting our democracy, and making sure we're preserving that.

But right now, in my home state, Democratic party elites are the ones that are putting their thumb on the scale of this Senate primary, trying to be able to put this in the favor of the first lady of New Jersey, the governor's wife will obviously controls a lot of power in that family.

Whereas, I believe that a democracy should be fair and open to anyone that should be able to participate, not just the well off and the well connected.

HUNT: Yes. So, to give people a sense of what it's going to look like, right? Like, the main part of the ballot is over here and you'll see President Biden, and then you'll see the Senate race likely Murphy in many of these counties.

KIM: That's right.

HUNT: And then other candidates down here, then there will be additional columns. And if you're someone else running like our congressman right here, you're going to be over on this side.

What actual ramifications does this have? If you're a voter going into the voting booth, does it make a significant impact?

[06:55:06] KIM: A huge impact and it's been determined. In fact, our lawsuit has the newest data about how this impacts. Upwards of double digits advantage for someone who is in what's called the county line, because it's something that just draws in the voters. And oftentimes, people even miss that there are other columns further off.

So, you know, this is something that is a real concern, and it's trying to basically manipulate and take advantage of voters. And I think that that's wrong, you know, we should be able to give everyone a fair chance. We're the only state in America that does this. 49 other states do what's called office block ballots, which is the norm and it's a norm because it's fair.

HUNT: And that means that all the candidates for Senate are in one place?

KIM: Correct.

HUNT: All the candidates for president are in another place?

KIM: Exactly.

HUNT: OK. Fair enough. All right, let's kind of broaden out a little bit, because again, this is about Menendez's seat. Why do you think more Senate Democrats haven't been willing to call for Menendez to step down in the face of the indictments that he's facing?

KIM: Well, first of all, because the starting point is that Menendez himself is not willing to do so. And that's something that really prompted me to step up if he's not going to step down.

But look, you know, right now, we have a razor-thin majority in the Senate, we have, you know, the Republicans with a razor-thin majority in the House of Representatives. So, I think that there's probably a lot of just practical thinking of just how do we continue to try to get things done for the country, that's probably weighing on people's minds.

But I've certainly called for the Senator to step down. I've called for them to proceed with an expulsion, if he doesn't do so. But if that's not going to happen, that's why I'm stepping up to give the people in New Jersey a choice.

HUNT: All right, let's talk about some of the major issues that are facing not just the Congress, but also the country. President Biden traveling to the southern border today to kind of shine a light on that problem.

Do you think that the House Speaker Mike Johnson should put the border -- the border bill on the House floor? If he did, would you vote for it considering the restrictions on immigration that are in it?

KIM: Yes, well, look, I believe that we should be able to vote in the House of Representatives. The fact that the speaker can control the legislative agenda of America is absolutely wrong in terms of just the total control that he's trying to exert. What I would want to make sure, though, is that you know, we in the

House of Representatives have a say, have an ability to be able to do this. Our job is not to be a rubber stamp for the Senate.

HUNT: Could you support the policies that were in that bill?

KIM: Well, I support some of them. But I would want to be able to engage on broader ones. You know, I'd like for us to be able to have conversations that can bring in the Congressional Hispanic Caucus that have raised concerns.

You know, what we all want is an orderly process when it comes to our border. And I think investments into addressing the backlog of three million pending immigration cases and needing more immigration judges, that makes sense.

But look, you know, I'm a son of immigrants, married to an immigrant, I want to make sure that we're standing up for the values that we believe in. And I'd be concerned about making some changes there that could fundamentally alter how our country approaches immigration.

HUNT: If President Biden moves forward with an executive order to reinstate some Trump-era immigration policies, is he portraying progressive values?

KIM: Well, look, I understand he feels a need to act because we are paralyzed in the House of Representatives on this, because we have a speaker of the House and Republicans that honestly, after five years working alongside them, they don't actually want to solve the problem. You know, because it's such a good political weapon to them.

So, I understand why the president feels a desire to be able to move, but, again, I call on him and ask him to meet with the Congressional Hispanic Caucus, meet with us in the House of Representatives, talk through these issues. And we can try to find a way for that I think can both preserve our value of immigration in this country, while making sure we have an orderly system for immigration.

HUNT: Do you think it's the right policy for the country? What he's proposing in this executive order?

KIM: Well, I'd have to see, you know, what he comes down on in that kind of fashion. And again, I understand his desire to take action.

And again, all of us in this country, you know, I've worked in national security before, I want us to be safe. I want us to have security over all of our borders, land, air, sea. But again, you know, I worry that we have to be careful here not to sound like Donald Trump, not to sound like the Republicans.

You know, we are a different party with a different set of values and the American people I believe are with us when it comes to making sure that we respect what it is that our heritage is brought in terms of immigration.

HUNT: All right, Congressman Andy Kim. Congressman, thank you so much for taking some time to be with us today.

KIM: Thank you.

HUNT: Appreciate your time.

All right, before we go, I'll leave you with this remarkable new images from the Odysseus lunar lander in the moments after its historic touchdown on the moon's surface. The photos capture the moment the spacecraft's engine was still firing for stability, kicking up moon dust. An American flag can be seen on a white cloth attached to the lander. That flag was certified for flight in 1970 at the height of the Apollo program.

During the landing, the Odysseus snapped one of its six legs and it came to rest on its side. But officials revealed yesterday it's beating the odds and was still transmitting data despite concerns that it could lose battery power by now.

[07:00:00]