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Erin Burnett Outfront
Special Counsel Wants To Question President Trump About Four Key Areas; Trump Defends His Congratulatory Call To Putin; Trump Lawyer To Appeal Decision In Accuser's Defamation Case; Docs: Zinke Brought Security Detail on Mediterranean Vacation; Police: Austin Bomber Left Behind 25-Minute Cell Phone Confession. Aired 7-8p ET
Aired March 21, 2018 - 19:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[19:00:13] ERIN BURNETT, CNN ANCHOR: OUTFRONT next. Breaking news -- we now know what Robert Mueller wants to talk to the President about four key events. This is there -- it could be more turmoil ahead for Trump's legal team.
Plus Trump doubling down defending congratulations call to Putin, fuming over a leak that he had ignored the advice of his own senior national security staff, and Trump appealing a major court decision. He wants to stop a woman's case against him for defamation, a woman accused him of assault, from moving forward.
Will the President have to testify? Let's go OUTFRONT.
And good evening, I'm Erin Burnett. OUTFRONT tonight, the breaking news, CNN now learning what Robert Mueller wants from President Trump. Sources revealing to CNN that special counsel's team has told Trump's lawyer there are four main things they want to talk about with Trump.
They are, the President's role in crafting that statement aboard Air Force One, you know the one regarding his son's meeting in Trump Tower that was at best misleading. They want to know about the actual meeting in Trump Tower where Trump Jr. met with Russians, and Jared Kushner after being promised dirt on Hillary Clinton. And they want to know about the firings of former FBI Director James Comey and former National Security Adviser Michael Flynn. And we have learned these topics are not the extent of Mueller's investigation. That's important.
And CNN is learning tonight that the President is both alarmed and angered by Mueller's focus on him personally. And that the President may be looking to shake up his legal team even more, possibly hunting for yet another hire.
Today, he attacked Bob Mueller personally again, tweeting a quote from Harvard Law Professor Alan Dershowitz that reads, "I was opposed to the selection of Mueller to be Special Counsel. I am still opposed to it." I think President Trump was right when he said there never should have been a special counsel appointed because there was no probable cause for believing that there was any crime, collusion or otherwise or obstruction of justice.
And today, a Republican congressman joining Trump's effort to demean and discredit Mueller saying directly, Mueller should be fired.
(BEGIN VIDEO CLIP)
REP. LOUIE GOHMERT (R), TEXAS: I think Mueller should be fired. He should be. He should never have been -- he should never been appointed and he should never have accepted. He should be fired.
(END VIDEO CLIP)
BURNETT: Words like that could matter to this President. It's proving GOP leadership assurances that Trump will never fire Mueller, that there's nothing to worry about. Don't worry about it, it won't happen. There'll never be a constitutional crisis because he won't do it. It's turning out that those assurances could be meaningless.
Gloria Borger is breaking all of these details tonight. And Gloria, what are you learning about the timing of this possible interview between Bob Mueller or his team and President Trump?
GLORIA BORGER, CNN CHIEF POLITICAL ANALYST: Well, my colleague Pamela Brown and I are reporting from our sources that these conversations are continuing and that's why these four buckets were given over to the President's attorneys to give sort of a sense of the kinds of questions they were asking about. President's attorneys then kind of extrapolated from that and made up a list of dozens of questions they thought the President might be asked.
We're told that this could wrap up the question of whether the President will testify, could be wrapped up within the next few weeks. That doesn't mean that the President would testify within the next few weeks.
And I might also add that if the President's lawyers think this is risky, and they do think it's risky, as we've reported in the past, then there is no guarantee that he would testify and that they might take the constitutional route as other president's have done and challenge this all the way to the Supreme Court.
BURNETT: Which is incredibly significant. And this comes, of course, Gloria, as you are reporting, that there is possible more changes and turmoil on the President's legal team at this crucial moment.
BORGER: Right. I was speaking with a source I said who is running the legal team, and the answer was, the President is running the legal team right now. He is. He is upset because he was told time and time again, "Hold off, mind your manners, don't tweet about Mueller. This is all going to be OK because the investigation is going to be over." Now he believes that he was misled at worst or that his legal team was wrong. And his plan was always to be more aggressive.
And I think that's what we're seeing play out right now. So they have added Joe DiGenova who agrees with the President about the conspiracy he believes exists inside the FBI and the CIA to get him. And he may, we are told, add more people to his legal team. The problem, and you are not going to believe this, is that they are running out of lawyers to ask in Washington because a lot of them work for firms that are conflicted because they represent other clients involved in this case. And also, lots of attorneys don't want to work with a client who won't listen to them.
BURNETT: It's pretty significant thing to say. And I don't say this lightly, but it's hard to find a lawyer in Washington to work for you. I mean, it's a pretty incredible thing to say when you just think about them in town (ph) is teaming with them.
BORGER: Right.
BURNETT: All right, Gloria. Thank you very much.
[19:05:013] Let's go to David Gergen, former presidential advisor to four presidents, April Ryan, White House correspondent for American Urban Radio Networks, and Jeffrey Toobin, our legal analyst.
So, Jeffrey let me start with you. Mueller's interview topic, obviously the four buckets that we now know about that Gloria and Pam are reporting on, the firing of Comey and Flynn, you know, that statement on Air Force One and infamous meeting in Trump Tower. Does this show this to be only about obstruction of justice or could Mueller be looking at other things which still are on the table or already have what he needs on potential other crimes?
JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, it certainly all four areas relate to obstruction of justice.
BURNETT: Right.
TOOBIN: And certainly all of them except for the Trump Tower meeting deal directly with Donald Trump's possible obstruction of justice not other people. Those three areas, the firing of Comey, the firing of Flynn, and the statement on Air Force One all relate to Trump's personal possible obstruction of justice.
Now, you could -- it's very hard to make a firm conclusion about the subjects he's not asking about. Collusion with Russia, Trump's finances, any misconduct in Moscow 2013. Just because he doesn't ask about them doesn't mean Mueller has ruled those out completely but it does suggest that most prosecutors, if they are investigating person A for subject B, they'll ask about subject B. So I think it is modestly good news that Mueller is not at least insisting initially on asking those other subjects.
BURNETT: I mean, you know, it's interesting when you say modestly good news, April, because the President is obviously, you know, as Gloria is reporting, he's angry, and he's upset, and that this is personal. And he is now getting personal with his attacks on Mueller in response calling him out by name for the first time, quoting the professor who says there shouldn't be a special counsel. You know the White House press secretary keeps coming out, April, "Don't worry about it. He's not going to fire Muller. There's no conversations about this, not even on the table. Why are you guys even asking about it?" But the President's words and actions do not support that.
APRIL RYAN, WHITE HOUSE CORRESPONDENT, AMERICAN URBAN RADIO NETWORKS: Yes. This is a President who has flip flopped before saying one thing and doing another. And when it comes to this Mueller investigation, it's now the cross around his neck and it's something that he just -- it's like on the fly on the ointment that he keeps looking at. This Mueller investigation is very serious.
And what happens is when he goes to talk about these four topics or maybe even more, even if it is the four topics, this President doesn't sustain well. He does not keep it together well. And then, you know, depending upon what he says in this investigation, it could go into more things. And then after that we could see a president who is very upset after the investigation, after his conversation with Mueller, and go out on Twitter, and then he could do something and make a knee jerk reaction. So this is not over.
And right now the President is somewhat calm with this. But let's see what happens after he is deposed, I guess, or talks with Mueller about tall of this.
BURNETT: I mean, it's interesting, and you are right, he is calm. Calling it a witch hunt, retweeting a guy saying there should be no special counsel. But for him, that is calm. But I think for many others --
RYAN: Yes.
BURNETT: -- it's ominous, it's concerning. I mean, David, the President has pretended to be all for speaking to Mueller, sort of the bad cop, good cop, I don't know what my lawyers are saying, but I'm all about it. No problem. Here he is to reporters.
(BEGIN AUDIO CLIP)
UNIDENTIFIED MALE: Are you going to talk to Mueller?
DONALD TRUMP, PRESIDENT OF THE UNITED STATES: I'm looking forward to it, actually.
UNIDENTIFIED FEMALE: You want to?
UNIDENTIFIED FEMALE: Do you have date set?
Trump: Here's the story, just so you understand. There's been no collusion whatsoever. There's no obstruction whatsoever, and I'm looking forward to it.
(END AUDIO CLIP)
BURNETT: David, you heard Gloria's reporting that whether there will be an interview will be decided in the next several weeks, obviously, the date of interview would be then -- to be determined. Do you think this interview will ever happen?
DAVID GERGEN, FORMER PRESIDENTIAL ADVISER: I think it's likely but there going to be a lot of important negotiations ahead and very contentious negotiations before they get to that point. Listen, I want to go back to what Jeffrey said. If you look at this, there are clearly -- these four areas do include a lot of questions about obstruction and about obstruction by the President himself. And it may well be that there is some collusion being investigated here perhaps with Flynn or so forth but there are very little suggestion, and I think the surprise here are there are no big surprises, there are no conversations or areas that we haven't heard a lot about already, and no conversation with Manafort, for example, or no conversations with some spooky character from the Russian side. So that's a bit of a surprise.
But the other thing that I think is interesting there's nothing about his finances here.
[19:10:02] And a lot of people have, you know, argued for a long time that money laundering is biggest vulnerability. Why? He may be saving that for later. Maybe, Jeffrey, he wants to have this -- get Trump in the room, get the present (ph) of him and being interviewed on topics that maybe a little safer ground so that he can save and go after finances in second set interviews. We've seen that with previous presidents.
BURNETT: And that's actually fascinating point. Go ahead, Jeff, what's your point.
TOOBIN: But I think Mueller is going to get one shot and one shot only. I think the odds are against, at least in my opinion, and I -- this is not based on extensive inside reporting, but this interview will not take place at all. But if it does, I think there's just going to be one. And I think Mueller better take his best shot and I think we might say -- we should say in fairness to the president and his supporters, maybe the reason he's not asking about money laundering is he doesn't have evidence of money laundering.
BURNETT: But that's my point, Jeffrey. What to you make of that? Because as David points out, you know, that the big conversation has been out there is the president at risk with financial crime whether its fraud, for money laundering, right? Never put his taxes out there. You know, son is bragged about financial connections and getting money from Russia, the president denied it.
Does this take -- we're not saying these are the only topics. But the reporting is that they are the four main topics. So does that then take that area off the table in any significant way or not?
TOOBIN: It doesn't take it off the table. But, you know, prosecutors when they have the chance to interview a subject take their best shot at the subjects they care most about.
BURNETT: Right.
TOOBIN: The fact that finances is not on that list --
BURNETT: But when he say -- I mean this is -- I'm sorry to interrupt. Let me play devil's advocate. When the president just say no go then, right? He said it's a red line. Then you'd know you're not going to get an interview --
RYAN: And that's the point --
(CROSSTALK)
RYAN: OK.
TOOBIN: All right. I mean that's possible. That's why it's very hard --
BURNETT: And that's the point --
TOOBIN: -- to, you know, to, you know, evaluate a negotiation that you have not, you know, heard both sides on.
BURNETT: Yes.
TOOBIN: As I said, I think it is modestly good news for the president that the financial topics are not on there, the collusion isn't on there. But it is very bad news for the president that there are so many detailed questions about obstruction of justice because that has always been the heart of the investigation.
BURNETT: April, go ahead.
RYAN: But, Erin, you have to remember this that this president doesn't like to talk about anything about his finances. He won't even show his tax returns. And Mueller is strategic, understanding even to be able to have a conversation with his lawyers, to even possibly have this investigation.
They can't bring up anything about money, because if they did, it would shut it down. So this president understands this is what it's supposed to be about. They're parameters for a reason. He does not want to get there. And who knows Mueller, I mean, we don't know everything that Mueller is doing but we understand that you have to follow the money trail.
And he's already pulling the e-mails, he's trying to pull the e-mails from the Trump organization, and money is within those e-mails. But he's got to get his best shot. And this may be the only way he can get it without the conversation of money.
BURNETT: All right. All right. Well, thank you -- thank you all very much. I appreciate it. And next the president doubling down today on congratulatory call to Vladimir Putin as he trashes a former U.S. president.
Plus breaking news, the interview the president's lawyers don't want you to see. And I'm not talking about Bob Mueller. I'm talking about Stormy. She's about to tell her story. And then this.
(BEGIN VIDEO CLIP)
TRUMP: I went to the best schools. I'm like a very smart person.
(END VIDEO CLIP)
BURNETT: So what about the spelling issues?
(COMMERCIAL BREAK)
[19:17:22] BURNETT: Breaking news, President Trump doubling down on Vladimir Putin. Trump defending his call congratulating Putin on election win tweeting today, "I called President Putin of Russia to congratulate him on his election victory in past. Obama called him also. The fake news media is crazed because they wanted me to excoriate him. They are wrong. Getting along with Russia and others is a good thing. Not a bad thing."
Of course it is not the media who told Trump to criticize, excoriate of course being the president's work to excoriate Putin. It was Trump's own top security advisers as "The Washington Post" reported they are the ones who gave in the bullet points for the call. They are the ones who told him to condemn Putin for the poisoning of a former Russian spy in the U.K. and to, in all caps, NOT CONGRATULATE. Those were the two words in caps Putin. And it was Trump's own team who was so upset and disturbed when he ignored that advice that they leaked it.
Now the tweet coming in CNN is reporting that Trump is infuriated and fuming about the leaks, calling up friends and outside advisers to basically do some sort of a manhunt, who did it, who leaked it. Jeff Zeleny is OUTFRONT at the White House. Jeff, by your doing this reporting, you're saying the president is livid and he is on the hunt.
JEFF ZELENY, CNN SENIOR WHITE HOUSE CORRESPONDENT: Erin, no question the president was furious this morning to see that Washington Post report that he did not follow the instruction for say of these national security advisers. Now this of course is the latest leak. Certainly reminiscing of those leaks from last year when many of the details from the president's phone calls with world leaders happened to leak out.
So it leads many administration officials here to believe is there sort of a sense in the national security apparatus trying to undermine this president. Now we know the President made the phone call from the residence of the White House yesterday morning, not many people were around at all, but it was certainly a small set of people who are involved in the briefing.
But Erin, I can tell you on a day when the government was shut down, the White House was pretty quiet today except for this. People were on the lookout having meetings. And this is what one senior administration official told us about this. Let's take a look.
He said, "If the story is accurate, that means someone leaked the president's briefing papers, leaking such information is a fireable offense and likely illegal." So Erin as we end the day here today, unclear if they've gotten anywhere in this witch hunt, if you will. But we do know White House Chief of Staff John Kelly certainly making a priority out of this. The president not talking about it simply pushing back at his predecessors and others for criticizing him for congratulating Vladimir Putin.
BURNETT: All right. Jeff, thank you very much. And I want to go straight now to the Democratic Congressman Mike Quigley of Illinois member of the House Intelligence Committee. And Congressman thanks for your time.
[19:20:02] You know, the president doubling down on his congratulatory call for Putin for winning what was a sham elections. What's your reaction to that? Just the doubling down itself. The sort of your, you know what, you're right, I did it and I'm proud of it.
REP. MIKE QUIGLEY (D), ILLINOIS: Yes. It's a pattern of behavior. The President can't take responsibility or ever be told he did something wrong. It's unfortunate here, as my colleague said, delineated, this is not our ally, this is not our friend. It's a sham election, human rights violation. But, perhaps, worse for me is the fact that here we are in the midst of the most important investigation of our lifetime. Mike Morell called, this attack of political 9/11.
It doesn't happen without Putin's direction. So here we are, the President of the United States congratulating an adversary who attacked the democratic process.
BURNETT: So, the White House and some Republicans, as you know, congressman, seem more outraged about the leak than what Trump did. And they have criticized him for what he did, and some of them have been very, very strenuous in doing so. Obviously, John McCain top of that list. But some of the others are now going more down this witch hunt, this manhunt route. All right, here's Senator Marco Rubio.
(BEGIN VIDEO CLIP)
SEN. MARCO RUBIO (R), FLORIDA: You know what I like even less, that there is somebody close to him leaking this stuff out. If you don't like the guy, quit. But to be this duplicative and to continue to leak things out, it's dangerous. And, so I don't like what he did, but I really hate that there's someone in his inner circle is willing to leak this stuff.
(END VIDEO CLIP)
BURNETT: Does Rubio have a point? Is the leaker an important focus here?
QUIGLEY: I think so. I mean, I don't like leaks are the right way to do an investigation through what we're trying to accomplish with what Russia did. It's unfortunate that they take place anywhere. It's obvious the President has been upset with leaks that have come, in his mind, from the Intelligence Community or Congress, but obviously he needs to clean House as well and look at his own people.
I'm sure that there are cave drawings of leaks because they have happened since the beginning of time, but they are not helpful. They are destructive to the process and very damaging and we need to get to the bottom of it. But there are times -- BURNETT: Is it a fireable offense and legal as the senior official told Jeff Zeleny, would you agree whoever leak it even if you agree with the fact, you're upset that it happens, you've glad you know but the leader should that person be fired?
QUIGLEY: Look, I don't know exactly what was leaked but it sounds like that's quite possible. I have been disturbed by the fact these leaks have taken place. It's one of the four prongs of our investigation. But all too often, I have seen my colleagues far more concerned with the leaks than the fact that the process took place. I think we need to work on both equally.
BURNETT: The former CIA Director John Brennan has a different take than Marco Rubio, specifically on Trump's conciliatory attitude towards Putin. He believes there is a reason and here it is.
(BEGIN VIDEO CLIP)
JOHN BRENNAN, FORMER CIA DIRECTOR: I think he's afraid of the president of Russia.
WILLIE GEIST, "MORNING JOE": Why?
BRENNAN: Well, I think one can speculate as to why. That the Russians may have something on him personally that they could always roll out and make his life more difficult. The Russians I think have had long experience with Mr. Trump and may have things that they could expose.
GEIST: Something personal perhaps?
BRENNAN: Perhaps.
(END VIDEO CLIP)
BURNETT: Something personal. Long experience with the president and may have things they could expose and reveal. Do you agree?
QUIGLEY: The President certainly gives any indication he's either afraid of Russia or they have something on him. Do I know that for sure? No. But I'll build the case too. Why did the president take so long to enforce sanctions against Russia for this activity? And why did he limit them in scope so much? Why was the State Department granted $120 million to go after Russian meddling and spent zero? The list goes on and on. What exactly is the president worried about? Why isn't he reacting in a manner in which any commander-in-chief would to react to this process?
BURNETT: All right. Congressman Quigley, I appreciate your time, and I'll note for viewers what Congressman Quigley is saying is a Democrat jives with what Republican Trey Gowdy, chair of the House Oversight Committee is also saying, that the way that the president acting is not the way someone would nothing to hide would act.
And next breaking news, the President and his attorneys bracing for this interview, not the Mueller one, Stormy Daniels telling her story to Anderson. And more breaking news on the Austin bomber, we are learning at this moment that there is a 25-minute confession video. And now we have found out what's in it.
(COMMERCIAL BREAK)
[19:27:57] BURNETT: Breaking news, President Trump will appeal a judge's ruling. He came down yesterday that would allow a defamation lawsuit against him to go forward. This is according to his attorney Marc Kasowitz, keep in mind this is an important suit. It was filed by former Apprentice contestant, Summer Zervos. She claims that Trump defamed her after she accused him of sexual assault. So that with this could go forward and that we see very significant, it opens the door to the President having to be deposed and tell his side of the story under oath.
OUTFRONT now, Jessica Leeds, she claims President Trump groped in an airplane in the late 1970s. Trump has denied it. It's a disturbing story that she has told. Gloria Allred is representing Summer Zervos, who has also accused the President of sexual assault. She's the one suing him for defamation in the case I just mentioned, and our chief legal analyst, Jeffrey Toobin is back with me.
Gloria, in light of this breaking news, let me just get your reaction. The President got Marc Kasowitz. He has come out. Well, we disagree with the decision, which is wrong as a matter of constitutional law. This was the decision to allow the defamation lawsuit for your client to go forward hat would perhaps have the President have to be deposed. What do you say to Marc Kasowitz?
GLORIA ALLRED, ATTORNEY: Well, Erin, at this point I have no comment on this case. And I'm sorry, but that's the only comment that I have.
BURNETT: You're just going to continue to push forward with what you've pushed forward with, to go ahead and have the case move forward and the President have to speak?
ALLRED: We have no comment. But I'm very happy that other women are coming forward.
BURNETT: And I want to ask you about that. The other women, Jeffrey, first of all, obviously, Gloria, you know, legally in a tough spot right now. So let me ask you. Do you think that this could lead, if this obviously now, said Kasowitz fighting back against Gloria and her client, but could this lead to the President ultimately having to testify, to answer under oath to the accusations of assault because of this defamation lawsuit?
TOOBIN: Without question. If this case goes forward, and actually think the legal issues here are difficult. I mean, I'm not entirely convinced that this case will be allowed to proceed. But if it does proceed, there is no question that there will be both a deposition of the President and later if it goes to trial his testimony.
BURNETT: And Jeffrey, would that, in your view, would the scope be limited solely to Summer Zervos and her accusations of assault or go beyond that? Because, of course, we have at least 16 other women who have accused him of similar things?
TOOBIN: I know Gloria Allred well enough to know it would go well beyond the immediate subject which would be appropriate, because one of the things you can examine in the deposition is, is there a pattern of behavior? And that is certainly something Gloria or her colleagues would want to -- would want to examine in a deposition of the president on this subject.
BURNETT: When we get to pattern, Jessica, you are one of the first person who come out and tell your story about the president. You've got now former Playboy model Karen McDougal, she is now come out to -- she wants to tell her story as well of a consensual affair that she says that basically she was paid off to not tell right before the election. How does it feel now, after all of these women, including you came forward and told their stories, and he still won and everything still moved forward, he seemed like Teflon, that now you may get a chance for him to have to answer under oath?
JESSICA LEEDS, ALLEGES TRUMP SEXUALLY ASSAULTED HER: It would be very sweet if it's at all possible to make him own up or suffer some of the consequences of this kind of sexual aggression that he over the years has perpetrated on a lot of women. Some of it just as mild as grabbing a kiss or grabbing them like he said on the bus tape. He's done this forever. He probably was doing it in high school.
BURNETT: I mean, it is a moment I think many people did not know what come. Gloria, you said, you know, when we talk about Jessica and others who have come forward, briefly to tell their stories, you know of all those women and you said that there could be more. Have additional women now especially with Stormy Daniels and Karen McDougal being back in the news, Summer Zervos being back in the news, have more women reached out to you with stories about President Trump?
ALLRED: Anyone who contacts me, Erin, enjoys the privilege of confidentiality with me, because they are seeking legal advice. So, I do not comment on the names of anyone who contacted me or the content of their communication with me. That's completely confidential. Whether or not I end up representing them, that is being retained by them in any case. So, I will not comment on that.
I will say, however, that I also -- that I represent Jessica Drake. Now, Jessica is a person who was listed on the settlement with the Stormy Daniels settlement agreement as a person to whom Stormy Daniels had provided confidential information or, that is, information that is deemed confidential in Stormy's confidentiality agreement.
And I'll say that Jessica Drake has not spoken out about Mr. Trump since the time that she had a press conference with me prior to the vote in 2016. But she may be coming forward. She is thinking about whether or not she wants to talk about what happened to her and what she knows. And we'll have to wait and see.
BURNETT: Jeffrey, do you think we're going to start hearing a lot more people tell their stories?
TOOBIN: Well, I mean, we've already heard a lot. I mean, you know, remember how many people have come forward, 16 people. There are now three pending lawsuits involving sexual misconduct by the president. You know, there is Stormy Daniels case. There is Karen McDougal's case, and Gloria's case today with "The Apprentice" contestant. I mean, that's a lot. And presumably there will be more.
BURNETT: Jessica, the president --
ALLRED: I would like to just add that as to Jessica Drake, to be very clear, she has not entered into any nondisclosure agreement or settlement at all in reference to the president.
BURNETT: Right. So, it is purely her decision whether to speak. She doesn't have a legal battle to do so as are you pointing out.
ALLRED: That's correct.
BURNETT: Jessica, the president threatened you and others with lawsuits. That he was going to sue all of you.
LEEDS: Right.
BURNETT: Let me just play it for you.
(BEGIN VIDEO CLIP)
DONALD TRUMP, PRESIDENT OF THE UNITED STATES: These vicious claims about me of inappropriate conduct with women are totally and absolutely false.
[19:35:09] It is a phony deal. I have no idea who these women are. I have no idea.
Every woman lied when they came forward to hurt my campaign.
All of these liars will be sued after the election is over.
(END VIDEO CLIP)
BURNETT: You haven't been sued?
LEEDS: No.
BURNETT: So you think it was all talk?
LEEDS: Yes, absolutely, absolutely.
BURNETT: I mean, because he said it and didn't do it?
LEEDS: Yes.
BURNETT: Jeffrey, I mean, that's significant in and of itself. Obviously, though, he wouldn't want discovery and everything else. But he hasn't sued a single woman and hasn't sued Jessica.
You know, Jeffrey, brings us back to Paula Jones, you know, for President Clinton that was what opened the door to Monica Lewandowski and his impeachment, right when looking at possible real estate fraud and Whitewater. Could these cases be that for this president or is that a step too far?
TOOBIN: Well, you know -- oh, absolutely they could be. And, you know, there is a poetry to this because, you know, Bill Clinton went to the United States Supreme Court and said, I am president of the United States, I can't be distracted with these cases. If somebody is going to sue me, put it up until after I'm president. And he lost 8- 1.
And that was the clear basis for the decision today, that this lawsuit could go forward, Gloria's lawsuit. And that's going to be the case with all of these civil lawsuits. That being president does not exclude you from having to defend civil litigation, and that can include depositions and it was, of course, Hillary Clinton's husband who was impeached because of what he said in those depositions.
BURNETT: Right, you look back and say it ended up being Stormy Daniels and not Vladimir Putin. I mean, who knows what history will say, but that's how that sentence would go if it's a similar analogy.
Gloria, CBS has just confirmed it will air Stormy Daniels' interview with our Anderson Cooper. It's going to be Sunday on "60 Minutes". They say it's going to be the only interview where she talks about what she says happened with the president. They've released a very brief clip. Let me play it quickly.
(BEGIN VIDEO CLIP)
ANDERSON COOPER, "60 MINUTES": Not 100 percent sure why you are doing this.
(END VIDEO CLIP)
BURNETT: OK. So she just stares. She doesn't answer the question.
Gloria, what do you make of this? I mean, you know, you got Michael Cohen, the president's personal lawyer saying she owes him $20 million because it's a million dollar for every violation of the NDA, and every time she opens her mouth, a million bucks. I mean, this is the arguments that they are making.
Was it a smart idea for Stormy Daniels to come out now and do this tell-all interview?
ALLRED: Well, I mean, this is a judgment that is made by herself and her attorney together. I've handled thousands of confidential settlements in the 42 years I've been practicing law against rich and powerful and famous people or large corporations. And I will just say, in general, what happens when someone is alleged to have breached a settlement or challenges the settlement that was reached, ordinarily, there is an arbitration clause. And ordinarily, this has to be decided in arbitration.
Having said that, you know, there, generally, is going to have to be a motion to compel arbitration and have the arbitrator decide. You know, if someone breaches, they take the risk of having to face the consequences of what the settlement agreement says will be the consequences, which ordinarily include liquidated damages, an amount that has to be paid for each breach, which is negotiated at the time of the settlement.
A million dollars per breach would, I think, generally be considered excessive by any court. On the other hand, often if one part of the arbitration agreement settlement is breached, sometimes that's severable. So, we would have to wait and see what a court or an arbitrator decides in this case.
BURNETT: But certainly obviously taking a risk there.
Jessica, before we go, if you were ever asked to testify under oath and tell your story about the president, would you do so?
LEEDS: Oh, certainly. Certainly.
It's -- the problem is, we get into the weeds with the legal matters here, and as far as I'm concerned, the bottom line is this man is a sexual predator.
BURNETT: All right. Thank you very much, Jessica, Jeffrey, Gloria, I appreciate all your time tonight.
And next, did the Secretary of the Interior Ryan Zinke really need a special security detail on his personal vacation to Turkey and Greece?
And breaking news, the Austin bomber's confession, a 25-minute recording on a cell phone. We are just hearing this now as to why he did it.
(COMMERCIAL BREAK)
[19:43:28] BURNETT: Tonight, Interior Secretary Ryan Zinke facing more allegations of possible travel abuse. Records show he and his wife took a security detail when they went to Greece and Turkey for two weeks last summer. The cost of the detail is unclear, but a Zinke spokeswoman is defending it. She says he's in a presidential line of succession, his access to sensitive and classified information and there were security incidents and threats in the region.
Of course, Zinke, just to give the facts here eight in line for the presidency.
OUTFRONT now, Rob Astorino, Republican nominee for governor of New York, and has been friends with Donald Trump for more than 15 years. And also here, former Clinton White House aide Keith Boykin.
Keith, private charter flights have been issue for Zinke, $139,000 office door bell, which once came out, they cut the cost. What do you make of this security detail that he went on personal vacation? Do you buy that the defense that we're getting, he's in line for the presidency?
KEITH BOYKIN, FORMER WHITE HOUSE AIDE UNDER PRESIDENT BILL CLINTON: I don't buy it. And here is somebody who's already under scrutiny anyway. You would think that he would have a little more caution in his behavior. But he's no exercising that right now. And he's part of corruption within Trump administration.
It doesn't just stop with him. You've got Scott Pruitt who's doing these things, too. You got Ben Carson spending $31,000 in dining set. Betsy DeVos also has this expensive security detail as well. Not to mention the helicopter ride for Pruitt and Mnuchin's trip to Fort Knox and European vacations.
What is going on with this country and administration? I think it starts with the top. Donald Trump is creating this culture. He said he wanted a team of rivals, instead of created a team of robbers.
BURNETT: That's a good line.
ROB ASTORINO, FRIEND OF PRESIDENT TRUMP: You don't watch "Designated Survivor"?
BURNETT: Do you buy the Zinke defense, he's in line in the presidential line of succession, that's true, number eight.
ASTORINO: Yes.
BURNETT: I don't know what you do for seven, six, five, four, three. How do you get an extra security? Anyway, jokes aside, do you buy it?
ASTORINO: I do think it's necessary. And I'll tell you why. Let's say that he goes, he's a cabinet officer, right, secretary. He goes to Turkey or whatever. And he is kidnapped or taken hostage. Now, we have an international crisis on our hands.
BURNETT: Maybe you don't go to Turkey. Maybe you stop spending taxpayer money to go to Turkey, I'll pick a place that's not Turkey.
ASTORINO: In Zinke's defense, he paid for himself. He and his wife paid for their vacation.
BURNETT: OK, that's his defense. No offense, but it was a personal vacation for anniversary.
(CROSSTALK)
ASTORINO: No, I agree with that. But that's not the story. The story is whether or not he should have had security. And I do believe, look, you've got --
BOYKIN: It's a level of security.
ASTORINO: Two people.
If a cabinet secretary had been taken hostage, we would have a crazy scenario on our hands. So, why would we go through that? And, you know, governors take security details and they don't have national security interests. BOYKIN: The problem is there is the pattern here. When you are
already under scrutiny and know people are watching you, why contribute to this? The optics are horrible. And that's something that I don't think Donald Trump gets this, because, you know, he's got the whole I'm violating the Constitution from day one, I'm not going to sell my business, I'm not going to release tax returns. And people on his cabinet see that and they follow-through and do the same thing he's doing.
BURNETT: Rob, to this point, not just Zinke, he's had investigations, right? You've got Mnuchin, you have several other people who have money issues, from Shulkin on travel to Carson's dining table, Tom Price. What about EPA administrator Scott Pruitt?
Here's one example, I'm sorry, I have to share this one, $18,000, "Washington Post" has reported spent for him on four day trip to Morocco. He's the EPA administrator to the United States. They say it's a business meeting, fine, but you have to Morocco for four days, $18,000 in Morocco for four days.
ASTORINO: Was that for staff and him? That's not a lot of money.
BURNETT: "Washington Post" is not saying what it cost. So, I'm not going to say that I know --
ASTORINO: Assuming it was him and his staff and security, then honestly for four days for an international trip, it's not a lot of money.
BOYKIN: You are a travel agent?
ASTORINO: No, seriously, think about that. For a high level government official, and if this had happened in Obama administration, and it did, Eric Holder, it was $14,000 to take his family to the Belmont Stakes in New York with security, and on a private jet. You know, we have instances where this has happened.
I think everyone agrees that it is a crazy world right now. It's crazy in America with threats all over the place. And it's crazy around the world. The last thing we should be worrying about is the cabinet secretary abroad being taken hostage or killed.
BOYKIN: Shouldn't be there in the first place. That's the problem.
ASTORINO: He can't go on vacation?
BURNETT: Well, maybe one of the things for public service, you give up is getting to go to a place that is risky you need security detail. I don't know.
(CROSSTALK)
BURNETT: Trump goes to Mar-a-Lago. He's happy to go to Mar-a-Lago. He has no interested in going to Turkey. Although he'll congratulate Erdogan any day of the week.
Thank you both.
And next, breaking news, the Austin serial bomber reveals clues as to why he did it. It's a lengthy recording on a cell phone. We've got the details just breaking.
And much lighter note, how do you special counsel? Ask the president.
(COMMERCIAL BREAK)
[19:51:14] BURNETT: Breaking news, police have obtained a 25-minute cell phone recording with what they say is a confession from the Austin serial bomber. In it the suspect, Mark Anthony Conditt describes his difficult childhood and how he created the devices, the seventh and last of which authorities said he set to have kill himself.
We have new details on the bomber and how he was found. Ed Lavandera is OUTFRONT.
(BEGIN VIDEOTAPE)
ED LAVANDERA, CNN CORRESPONDENT (voice-over): Five homemade pipe bombs killed injured and unsuspecting victims around Austin and San Antonio in the last three weeks. One last bomb blew up in the sender's hands. Blowing out the windows of this maroon SUV as a SWAT team closed in.
Authorities say 23-year-old Mark Anthony Conditt was the serial bomber who unleashed a deadly chill across the city.
CHIEF BRIAN MANLEY, AUSTIN POLICE: The suspect is deceased and has significant injuries from a blast that occurred from detonating a bomb inside his vehicle.
LAVANDERA: The surreal ending stunned relatives and neighbors in Conditt's hometown of Pflugerville just north of Austin. Family members say Conditt was a loving and peaceful man who was home schooled and briefly attended community college, the oldest of four siblings who never showed signs of violence. But sometimes, even those who are closest don't see the darkness lurking under the surface.
UNIDENTIFIED MALE: I know they're church going people. I know they're extremely good neighbors. I like them a lot. It's extremely confusing and I don't make anything of it because it just is -- it doesn't make sense. I suppose this type of thing never does.
LAVANDERA: Conditt lived in this house with two roommates. Those men are being questioned by authorities, but have not been charged. Meanwhile, investigators search Conditt's home including sheds in the bomber's backyard. Investigators say they discovered a large amount of bomb-making materials inside, much of it locked in one room.
UNIDENTIFIED MALE: There was no completed devices in the house. There was the homemade explosive material that we found in the house and that's what we were most concerned about. LAVANDERA: The Texas governor said in an interview that investigators
have discovered a treasure trove of information that could help explain a motive (INAUDIBLE) including a 25-minute recording left by Conditt which police describe as a confession.
MANLEY: I know everybody is interested in a motive and understanding why, and we are never going to be able to put a ration behind these acts, but what I can tell you, having listened to that recording, he does not at all mention anything about terrorism, nor does he mention anything about hate. But instead, it is the outcry of a very challenged young man talking about challenges in his personal life that led him to this point.
LAVANDERA: Law enforcement sources say one of the key breaks came when Conditt walked into this FedEx station in south Austin wearing a hat, blonde wig and gloves to drop off two packages. Investigators began tracking his movements, using surveillance cameras and cell phone towers which led them to the violent ending along this interstate, and perhaps a little closer to understanding why a 23- year-old would unleash this kind of mayhem.
(END VIDEOTAPE)
LAVANDERA: And, Erin, we are in Mark Conditt's neighborhood. Investigators are still cordoned off much of the area around his home as they continue their search. The police chief in Austin says that that video recording that Conditt made, he made last night when he got the impression that investigators were getting closer to catching him -- Erin.
BURNETT: All right. Thank you very much, Ed Lavandera.
And next, Donald Trump's misspelling hall of fame and Jeanne Moos will show you exactly how he got there.
(COMMERCIA LBREAK)
[19:57:43] BURNETT: Tonight, Trump needs some counsel on spelling, special counsel. Here's Jeanne Moos.
(BEGIN VIDEOTAPE)
JEANNE MOOS, CNN CORRESPONDENT: President Trump knows we're watching his tweets with eagle eyes.
TRUMP: If I do a typo, it's like death. They just go, they go wild.
MOOS: But it was the president who went wild misspelling. Trump sets new record for most typos in one tweet. There was wether, missing an H. There was the, the, and three mistakes with the same word.
UNIDENTIFIED MALE: He meant c-o-u-n-s-e-l.
MOOS: Twitter helpfully pointed out the difference between counsel, a lawyer and a special council, as in a meeting in, say, white dogs. All those mistakes got graded and marked. Hees a ideot.
We welcome you to the Donald J. Trump presidential typos and misspellings hall of fame. Is it all spelled correctly?
The president got off to a fast start. The day after his inauguration, tweeting, I am honored to serve you. Saving this for posterity, joked one reporter.
But the president was so honored he later did it again. He's misspelled everything from hearby to tapp my phones, even tapping out this unforgettable non-word, perhaps while falling asleep.
VOICE: Covfefe, huh?
MOOS: He once called China did an unpresidented act.
TRUMP: I'm like a very smart person.
MOOS: Smart enough to misspell on purpose.
TRUMP: L-y-e-n, lyen.
MOOS: Sure, President Trump's predecessor blew a word or two now and then --
BARACK OBAMA, FORMER PRESIDENT: When Aretha first told us what r-e-s- p-e-c-t.
MOOS: But you've to respect that we can learn from President Trump's mistakes.
UNIDENTIFIED MALE: Wether, another typo.
MOOS: Wether is no mere typo.
VOICE: Wether.
MOOS: Wether is an actual word that means castrated ram, a male sheep.
UNIDENTIFIED FEMALE: He's not happy lamb.
MOOS: The president may be castrating the English language, but he sure doesn't seem sheepish about it.
Jeanne Moos, CNN.
TRUMP: Trust me, I'm like a smart person.
MOOS: New York.
(END VIDEOTAPE)
BURNETT: Oh, gee, we learned something tonight. Wether is a castrated lamb when spelled the way the president spelled it. OK. Thank you for joining us. Hey, something new every night.
"AC360" starts now.
