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Erin Burnett Outfront

Jury Finds Kyle Rittenhouse Not Guilty on All Charges After More Than 25 Hours Of Deliberations Over 4 Days; Biden Responds To Rittenhouse Verdict: "The Jury System Works"; Chinese State Media Claims Tennis Star Posted New Photos; She Has Not Been Seen Publicly Since Making Assault Claim; China Evades Questions About Safety Of Women's Tennis Star; White House Releases Biden Health Report From First Physical As President. Aired 7-8p ET

Aired November 19, 2021 - 19:00   ET

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

WOLF BLITZER, CNN HOST: Brian Todd on the scene for us. Brian, thank you very much.

And to our viewers, thanks very much for watching.

Erin Burnett OUTFRONT starts right now.

ERIN BURNETT, CNN HOST: OUTFRONT next, Kyle Rittenhouse tonight a free man, acquitted of all charges in a case that left America divided over whether he was acting in self-defense when he shot and killed two people.

Plus, the mystery deepening over the missing tennis star, a Chinese state media releasing what it claims are new images of Peng Shuai. A former ambassador to China who has met the official accused of sexually assaulting and raping the tennis champ is my guest.

And the White House just releasing details of Biden's first physical of his presidency. Why his doctor said his gate warranted a detailed investigation. Let's go OUTFRONT.

And good evening, I'm Erin Burnett. OUTFRONT tonight, not guilty. Kyle Rittenhouse now a free man, acquitted of all charges after he shot and killed two men and injured a third during a night of unrest in Wisconsin. It took the jury of 12 men and women more than 25 hours over four days to decide Rittenhouse acted in self-defense last summer.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: State of Wisconsin versus Kyle Rittenhouse, as the first count of the information, Joseph Rosenbaum, we, the jury find the defendant Kyle H. Rittenhouse not guilty.

As to the second count of the information Richard McGinnis, we, the jury find the defendant Kyle H. Rittenhouse not guilty.

As to the third count of the information, unknown male, we, the jury find the defendant Kyle H. Rittenhouse not guilty.

As to the fourth count of the information, Anthony Huber, we, the jury find the defendant Kyle H. Rittenhouse not guilty.

As to the fifth count of the information, Gaige Grosskreutz, we, the jury find the defendant Kyle H. Rittenhouse not guilty.

(END VIDEO CLIP)

BURNETT: Rittenhouse, overcome with emotion, breaking down in tears, collapsing. A reporter inside the courtroom describing members of the jury is looking fatigued. Some appearing ill at ease while their decision was read.

Again, these jurors spent more than 25 hours together reaching their decision. It was a decision they didn't take lightly. During their deliberations, they asked to get copies of the jury instructions, those 36 pages. They asked to rewatch much of the video evidence in the case, including FBI surveillance video and drone video of one of the shootings and the crucial moment of what happened. And even yesterday, one juror did ask to take home the jury instructions.

Rittenhouse's attorney said this was the longest jury deliberation he's ever been a part of. The Judge in the case praising the 12 men and women for their attentiveness and their cooperation. Look, they had a really difficult job. A lot of people watching I'm sure wouldn't have wanted to be on that jury. They did their due diligence. They listened. They rose to the occasion. They took a lot of time. Afterwards, Rittenhouse's attorney telling reporters his client is relieved.

(BEGIN VIDEO CLIP)

MARK RICHARDS, DEFENSE ATTORNEY: He wants to get on with his life and we're thankful in more ways than one that the jury finally got to hear the true story.

(END VIDEO CLIP)

BURNETT: Meanwhile, the families of those killed by Rittenhouse are also speaking out. The parents of Anthony Huber say they are heartbroken by the verdict. Adrienne Broaddus is OUTFRONT live in Kenosha, Wisconsin tonight. And Adrienne, a very divided reaction on the ground tonight where you are to this verdict.

ADRIENNE BROADDUS, CNN CORRESPONDENT: Absolutely, Erin, and we saw that divide on the steps of the courthouse. Moments after the verdict was read, some shouted innocent and expressed relief. On the other hand, you had folks who gathered on the steps, some who've been here every day over the course of the trial who were disappointed.

During the trial, the defense argued their client responded in self- defense after he was attacked. And tonight, that teen is free.

(BEGIN VIDEOTAPE)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: We, the jury find the defendant Kyle H. Rittenhouse not guilty.

(END VIDEO CLIP)

BROADDUS (voice over): The jury in the trial of Kyle Rittenhouse declaring him not guilty on all five charges. First degree reckless homicide in the death of Joseph Rosenbaum ...

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Not guilty.

(END VIDEO CLIP)

BROADDUS (voice over): Two counts of first degree recklessly endangering safety ...

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Not guilty.

(END VIDEO CLIP)

BROADDUS (voice over): First degree intentional homicide in the death of Anthony Huber and in the shooting of Gaige Grosskreutz, attempted first degree intentional homicide ...

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Not guilty.

(END VIDEO CLIP)

BROADDUS (voice over): Rittenhouse visibly shaken after he's acquitted, appears to stumble to his chair after the verdict is read. His mother sitting in court, relieved.

The trial centered on the actions of then-17-year-old Kyle Rittenhouse the night of August 25th 2020.

[19:05:01]

And Rittenhouse's claims of self-defense after he set out with an AR- 15 style gun and joined other armed volunteers to defend a business after protests following the police shooting of Jacob Blake.

The jury in the case, five men and seven women, deliberated more than 25 hours over the past four days. Requesting to review, again, some of many videos played in the trial, including graphic video showing the moments leading up to and seconds after the shootings.

The verdict coming after a trial that included testimony for more than 30 witnesses, including tearful testimony from the defendant.

(BEGIN VIDEO CLIP)

KYLE RITTENHOUSE, DEFENDANT: There were people right there. (END VIDEO CLIP)

BROADDUS (voice over): And heated exchanges between the Judge and the lead prosecutor in the case.

(BEGIN VIDEO CLIP)

THOMAS BINGER, ASSISTANT DISTRICT ATTORNEY: The court left the door open.

JUDGE BRUCE SCHROEDER, KENOSHA COUNTY CIRCUIT COURT: For me. Not for you.

(END VIDEO CLIP)

BROADDUS (voice over): Outside the courthouse, divided crowds but overall a peaceful end to the day's proceedings. Jacob Blake's uncle reacting to the verdict today blaming city leaders in Kenosha for the events that transpired after the shooting of his nephew, leaving his nephew paralyzed from the waist down.

(BEGIN VIDEO CLIP)

JUSTIN BLAKE, JACOB BLAKE'S UNCLE: They all have blood on their hands for the mishandling of that whole entire night.

(END VIDEO CLIP)

BROADDUS (voice over): Anthony Huber's girlfriend reacted to the not guilty verdicts.

(BEGIN VIDEO CLIP)

HANNAH GITTINGS, ANTHONY HUBER'S GIRLFRIEND: I don't think that any of us who were directly involved in what happened last year on 25th are really that surprised. We know that this system is a failure.

(END VIDEO CLIP)

BROADDUS (voice over): The prosecutor expressing disappointment in a statement said the verdict must be respected. The lead defense attorney speaking for his client after the verdict was read.

(BEGIN VIDEO CLIP)

RICHARDS: He has a huge sense of relief for what the jury did to him today. He wishes none of this would have ever happened.

(END VIDEO CLIP)

(END VIDEOTAPE)

BROADDUS(on camera): And attorneys for families of two of the men Rittenhouse shot released a statement saying, "While today's verdict may mean justice delayed, it will not mean justice denied. We are committed to uncovering the truth." We have that statement for you there on the screen.

Also on the steps of the courthouse minutes after the verdict was read, I spoke with Jacob Blake's uncle. He told me he wasn't surprised but he also said he's not satisfied. He said the fight for what he believes is justice continues, Erin.

BURNETT: All right. Adrienne, thank you very much for all that reporting on today.

OUTFRONT Elie Honig, CNN Senior Legal Analyst and a former federal prosecutor, also, Stephanie Rawlings-Blake who is the Democratic Mayor of Baltimore and a former defense attorney. You both been with us throughout this.

Elie, three and a half days of deliberations, more than 25 hours, you look at all the evidence in this as a former prosecutor. Do you think the jury came to a reasonable and fair verdict that they rose to the occasion to do the best that they could?

ELIE HONIG, CNN SENIOR LEGAL ANALYST: I do think so, Erin. Every judge instructs every jury in every trial all across this country that your job, and it's not easy, your job is to take the facts of this specific case and apply the law of this state. You are to shut out all outside distractions, emotions, politics. It's a really difficult thing, but it's what we want our juries to do.

And if you look at the indications we have here, both sides got to put on their cases. The jury did not rush, 25 hours is a good amount of time to spend on a case like this. They only asked to see the evidence, the videos, and the instructions, the law. So we have to presume that everything went the way it's supposed to and ultimately that's the way our - may not like the verdict, I understand people are frustrated by the verdict, maybe disappointed by the verdict, but the process work the way it's supposed to work.

BURNETT: And Mayor Rawlings-Blake, obviously, there are some who are very upset, some who are outraged and saying all sorts of things about the system and failing and being broken. But do you believe that the prosecution portrayed a stronger case than they knew they had?

STEPHANIE RAWLINGS-BLAKE, FORMER MAYOR OF BALTIMORE: I think so. And it's disheartening, because at the end of the day, the way that we're going to make sure that this doesn't happen again, I think, is to be honest about what's going on. When we talked about this case earlier, I said the way the prosecution put this case forward, they portrayed it almost like as a melee, a bar fight and they're expecting the jury to decide who was at fault when you can see on all of the videos it was chaotic everywhere.

The prosecutor even said himself, no reasonable person would be out at that time. The Governor had declared a state of emergency. There was a curfew and I really think the prosecutor oversold his hand.

BURNETT: So Elie, the defense attorney for Rittenhouse gave us some information we never knew before and it's interesting because both you and the Mayor have talked about this, which was the decision about putting Rittenhouse on the stand. And they talked about the debate, internally, that they had.

I mean, because obviously it's not what you would think anybody would do to put the defendant on the stand.

[19:10:03]

They talked about their thinking. Here's what he said today.

(BEGIN VIDEO CLIP)

RICHARDS: At certain points, we wondered whether we would put him on. We did. We had a mock jury and we did two different juries, one with him testifying and one without him testifying. It was substantially better when he testified, I mean, to a market degree and that sealed it.

(END VIDEO CLIP)

BURNETT: Interesting, Elie. A lot to take away from that. One, that they saw such a difference. Two, what would have happened if he hadn't testified do you think. And three, they had a lot of resources to do things like that, to mock it up and run it by different juries.

HONIG: Yes. So the decision to put your client on the stand is one of the most serious consequential decisions any defense lawyer makes. In a self-defense case, it's way more common for a defendant to take the stand. And I think if they had decided not to put Rittenhouse on the stand here, we might have had a different verdict.

Here's why, the law says the most important thing in this case is was it reasonable for Kyle Rittenhouse to believe that his life was in jeopardy or that he was in danger of great bodily harm. And he got to take the stand and tell the jury directly here's what was in my mind, here's what I was experiencing.

Now, it's up to the jury, whether they credited him and there the prosecution failed. On the cross examination, they did not dent Kyle Rittenhouse. They did not give the jury a reason to say we don't believe him and I think as a result, they were able to hear directly from Kyle Rittenhouse. Clearly, they credited his testimony and that leads to the not guilty.

BURNETT: And so Mayor Rawlings-Blake, that testimony of course was the moment when Rittenhouse took the stand and broke down. Let me just play that one key moment again.

(BEGIN VIDEO CLIP)

RITTENHOUSE: There were people right there ...

RICHARD: Take a deep breath, Kyle.

RITTENHOUSE: That's when I run.

(END VIDEO CLIP) BURNETT: And Mayor, of course, there've been a lot of discussion when

that happened, some say exactly at the right time implying that it was completely staged, others found it very genuine. Do you read anything to how the jury saw that moment from the verdict?

RAWLINGS-BLAKE: I give the jury a lot more credit than that. That was one moment while he was on stage, on the stand, excuse me. You have to balance that against all of the testimony and the cross examination. I didn't think it was believable and we've talked about it before.

BURNETT: Yes.

RAWLINGS-BLAKE: I said it doesn't matter what I believe. There's probably some soap opera fans that were moved to tears themselves. But the thing is when you take a look at all of the evidence, the fact that the prosecutor was trying to present him as a mass shooter when the only individuals that were shot were the ones that had this negative interaction, you have to credit the jury for really, really doing the hard job.

Now, do they believe that Kyle Rittenhouse is wrong? I think that when the reporter was explaining their faces, when they had to read the verdict that they were upset. I think they know he's wrong. But wrong and not guilty are two different things.

BURNETT: Well, I think that's so beautifully said and I hope that people really internalize that wrong and not guilty are two very different things.

Elie, the other thing that you have some people saying as well, oh, this just sends a message of vigilante justice that people can just go to any protest and bring a gun and shoot people and this verdict says that that's going to be okay and you say no.

HONIG: I think it's a big mistake to draw that conclusion. Every case stands on its own, the specifics of the facts on that case and anyone who looks at this verdict and says, well, now it's game on. Anyone can go do whatever they want with a gun and shoot up whatever they want. That is wrong, legally. Anyone who takes that position does so at their own risk. Every case rises and falls on its own facts.

BURNETT: All right. Well, both of you. Thank you very much. I appreciate your time, your analysis.

Now, the reaction to Kyle Rittenhouse's not guilty verdict. It is still coming in, President Biden now speaking out.

Plus a new twist in the disappearance of the Chinese tennis star, Peng Shuai. Chinese state media releasing pictures they say are new. They claimed to be her. America's former ambassador to China is my guest tonight.

And the CDC now recommending booster shots for all adults in America.

(COMMERCIAL BREAK)

[19:18:10]

BURNETT: Tonight, the acquittal of Kyle Rittenhouse garnering swift reaction in Washington. President Biden who had appeared to call Rittenhouse a white supremacist during the 2020 presidential campaign had little to say on the verdict.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: I just heard a moment ago.

UNIDENTIFIED FEMALE: Do you have any reaction?

BIDEN: I didn't watch the trial, so I ...

UNIDENTIFIED FEMALE: Do you stand by your past comments equating him to white supremacy?

BIDEN: Well, look, I stand by what the jury has concluded. The jury system works and we have to abide by it.

(END VIDEO CLIP)

BURNETT: Okay. That's important to say. But others on both sides of the political spectrum in Washington are making their feelings known loud and clear. Here's Republican Congressman Madison Cawthorn in a video on Instagram.

(BEGIN VIDEO CLIP)

REP. MADISON CAWTHORN (R-NC): Kyle Rittenhouse is not guilty, my friends. You have a right to defend yourselves, be armed, be dangerous and be moral.

(END VIDEO CLIP)

BURNETT: Notice on the screen, he also offers Kyle Rittenhouse an internship, something Republican Congressman Matt Gaetz did yesterday as well even before the verdict was read.

(BEGIN VIDEO CLIP)

REP. MATT GAETZ (D-FL): Kyle Rittenhouse would probably make a pretty good congressional intern. We may reach out to him and see if he'd be interested in helping the country in additional ways.

(END VIDEO CLIP)

BURNETT: And on the Democratic side, Congresswoman Rashida Tlaib tweeting, "Our justice system is broken. It protects white supremacy." And former Housing and Urban Development Secretary, Julian Castro, tweeting, "You know damn well that if Kyle Rittenhouse were Black he would have been found guilty in a heartbeat or shot dead by cops on the scene."

So everybody doing exactly what you'd expect, sadly. OUTFRONT now Michael Smerconish, host of CNN'S SMERCONISH. So,

Michael, look people are emotional. I understand this. But it's disturbing to see this as a political rallying cry and that is certainly what it seems to be.

[19:20:01]

MICHAEL SMERCONISH, CNN HOST, SMERCONISH: The case was really not about race, it was not about politics to a certain extent, it was not about guns. The case really involved, if you remember, it was Abraham Zapruder, who with an eight millimeter projector captured what happened when Kennedy was assassinated at Dealey Plaza.

You had to Zapruder this film, look at it sequentially, break it down in sequence and decide whether he was justified in using deadly force at each step of the way. That's what the case was about.

But Erin, the minute that political figures weigh in on one side or the other like Lemmings (ph), people seem to fall in line and lose sight of what the case is really about.

BURNETT: Right, which is really troubling and as you say Lemmings (ph), I think, is an apt word. Look, it sort of seems like the voice of reason in Washington tonight on this is Republican Congressman Adam Kinzinger. He tweeted, "Now is a good time for Kyle Rittenhouse to turn his life around. I would certainly hope he does not become a prop for those who would like to abuse him for political gain then throw him out. I believe in redemption." Okay.

Yet, I mentioned Congressman Gaetz and Cawthorn. You also have Republican Congressman Paul Gosar, thrilled to jump in on this after being censured and stripped of his committees for threatening another member with death, tweeted in response to that, Gaetz offering an internship. "I will arm wrestle Matt Gaetz to get dibs for Kyle as an intern." So they're in a sense making it into a sick game. But how does Rittenhouse not become a right-wing prop and really fulfill every narrative that both sides have at this point?

SMERCONISH: The best thing that I read about this case was a couple of days ago in The Atlantic, David French wrote it. And in anticipation of a potential acquittal he said even if he's acquitted, he's not a hero by any stretch of the imagination. I agree with that assessment.

It's going to be very hard for him to resist because, look, here's how I put these events together. You might think that this is inconsequential, but there's a perception on the right that there's been given outsize attention to the events of January 6 to the detriment of urban protest that turned violent.

And now into the next step Kyle Rittenhouse, 17 years old, who's fighting against those law breakers and immediately he seized on as if he's some hero of the right. And the moment that he is, then the left go in the other direction and that's where we are today.

I mean, I expect him to be a keynote speaker at CPAC. I don't see any alternative to that. But I like what Kinzinger said, it's a moment to chart his own path.

BURNETT: Right. I did too. I think, I hope, look, you got to have these small rays of hope. Hopefully it could happen. Thank you very much, Michael. I appreciate it.

SMERCONISH: Thanks, Erin.

BURNETT: All right. And next, China releasing what it claims is proof that the missing tennis star who accused a top official of sexual assault is okay. America's former ambassador to China, who has met the official accused of raping the tennis player is next.

Plus, the White House just releasing details of President Biden's first physical and we're learning more about what's behind President Biden's constant coughing.

(COMMERCIAL BREAK)

[19:27:16]

BURNETT: Tonight, Chinese state media releasing what it says are new pictures that tennis star, Peng Shuai posted on Chinese social media. We have no way of knowing whether she actually posted the pictures or when the pictures were taken, because, well, she's not been seen publicly and more than two weeks. That's when she accused a top Communist Party official of sexual assault.

Today, the White House joined the international condemnation of China demanding quote independent and verifiable proof of Peng's safety and whereabouts. China remains defiant, refusing to answer any questions. They face growing pressure to do so, though, especially from the Women's Tennis Association whose CEO told me last night that despite the lucrative deal his organization has with China, some things are more important than money.

(BEGIN VIDEO CLIP)

STEVE SIMON, CHAIRMAN & CEO, WOMEN'S TENNIS ASSOCIATION: There's too many times in our world today when we get into issues like this that we let business, politics, money dictate what's right and what's wrong.

(END VIDEO CLIP)

BURNETT: Will Ripley is OUTFRONT.

(BEGIN VIDEOTAPE)

WILL RIPLEY, CNN CORRESPONDENT(voice over): Tennis in China, a billion dollar business for the WTA, 10 tournaments, reportedly a third of their revenue, highly lucrative and for the Chinese government, highly prestigious.

Now, it's all on the line. The WTA demanding answers.

(BEGIN VIDEO CLIP) UNIDENTIFIED MALE: Peng Shuai.

(END VIDEO CLIP)

RIPLEY(voice over): Where is tennis icon Peng Shuai? Is she okay? A household name in China, Peng has not been seen in public since November 2nd. The 35-year-old doubles grand slam champion accusing China's 75-year-old former vice premier of coercing her to having sex about three years ago at his home.

Chinese state media on propaganda overdrive seemingly trying to silence the growing global outcry. A Chinese journalist tweeting these pictures upon claiming they're from her WeChat with the caption, happy weekend. No timestamp on the photos, no actual direct communication with Peng herself.

On Wednesday, a suspicious email released by a state owned broadcaster only adding to fears for her well being. The email retracts her allegations saying I'm not missing nor am I unsafe. I've just been resting at home and everything is fine. The WTA not convinced, demanding proof Peng is safe. A probe into her allegations. The organization's CEO telling OUTFRONT he is prepared to pull out of China potentially losing a lucrative 10-year deal.

(BEGIN VIDEO CLIP)

SIMON: We have to start as a world making decisions that are based upon right and wrong, period. And we can't compromise that and we're definitely willing to pull our business and deal with all the complications that come with it.

[19:30:03]

Because this is certainly - this is bigger than the business ...

(END VIDEO CLIP)

RIPLEY (voice over): China is a nation ruled by powerful men, long accused of suppressing the rights of women and minorities, including silencing leaders of China's me too movement. Now, the apparent silencing of Peng Shuai.

China appears to be going to great lengths, using the government's immense power to protect the reputation of a retired communist party leader. So far, Beijing's blatant censorship is doing just the opposite, China's ministry of foreign affairs refusing to comment or even acknowledge the growing controversy.

The WTA, taking a stand, a huge financial gamble. Its regional headquarters is in Beijing. The tennis organization, willing to walk away from the massive Chinese market to stand up for one of its stars.

Olympics' organizers are staying out of it, just weeks before the Beijing Winter Games. Peng is a three-time Olympian.

U.S. President Joe Biden considering a diplomatic boycott. But the IOC says experience shows that quiet diplomacy offers the best

opportunity to find a solution.

CHRISTINE BRENNAN, CNN SPORTS ANALYST: IOC buckles under the thought of losing business in China. The NBA buckles under the pressure. And here's the WTA saying, enough is enough. Standing up doing what's right.

When in the world do we see that anymore in sports? A major pro-sports league or entity doing the right thing?

RIPLEY: The WTA's bold stance against China winning praise from around the world.

UNIDENTIFIED FEMALE: We are at a crossroads. And it's time now to make the tough decision that you can't do business when you're -- your -- the safety of your players are at risk.

RIPLEY: For the international tennis community, some things are more important than money.

(END VIDEOTAPE)

RIPLEY: Chinese sensors are clearly hoping that they can sensor away this whole controversy. But the outrage is growing. The questions are growing. They can't make this go away.

And, Erin, your interview last night with Steve Simon only puts the pressure on further on Beijing to provide answers to the world, and to put Peng Shuai in a position where she can actually speak for herself. Sending a few photos with these bizarrely happy captions with the firestorm happening. Either, she is isolated completely and not being told or unaware of what's going on or she is not being allowed to speak her truth.

This is what people believe, Erin, and these efforts on shows like yours to just keep putting this story out there are going to continue to hang a cloud over Beijing even, you know, as the Olympics are getting closer.

BURNETT: All right. Will, thank you very much-let reporting from Taipei.

You know, it is important here to emphasize, you know, like Will is saying. You know, Peng Shuai lives in the same world we live in. You know, she has a cell phone. She has communications with people.

She's not responded to the WTA. She's not responding to all these people reaching out to her. She lives in the same world we live in, right? All we are getting is these pictures that a Chinese journalist is putting online saying, oh look, she's fine. She can speak for herself.

So for more on this, I want to bring in Max Baucus, former U.S. ambassador to China during the Obama administration. And ambassador, look, you -- you understand this so well. So, you spent years in China. You understand how this country operates.

Do you think there is any chance Peng is actually willingly recanted her incredibly serious allegations and is happily snuggling with her cat and not answering her phone?

MAX BAUCUS, FORMER U.S. AMBASSADOR TO CHINA: Probably not. The government wants this to go away. There are several ways they can make this go away.

One, is what they are attempting to do, thus far. That is, censor. Just try to keep it out -- out of the news and hoping not only Chinese people but that the world doesn't follow this anymore. That's one way for it to go away.

That's not going to work. It's only going to go away when the government realizes, hey, they got a big problem on their hands and even though the -- the alleged rapist is a former very high government official, that they are going to have to bring him to justice in some way. And at the very least, show to the world that -- that Peng Shuai is safe. She's okay, and also very important that justice is done.

BURNETT: So let me ask -- let me ask you -- sorry, I know the just a little bit of hit here on our connection. But they had put out an e- mail. Actually, the head of the WTA received the e-mail and -- and it was, you know, very formal from her. Recanting what she said. She -- he then wrote back to the e-mail. She hasn't responded to that or anything else but he saw the e-mail reported by Chinese state media before he shared it with anybody, just so everyone understands what is really going on here.

Ambassador, you met with Chinese leaders and this is really significant because you met with the former-Vice Premier Zhang Gaoli. That is the man Peng has accused of sexually assaulting her, of rape. We know very little about him but you have met him. What can you tell us about him?

BAUCUS: Well, not much is really known about him. The Chinese communist party keeps things very, very much under wraps. He is kind of stone faced. I met with him several times, dealt with him those several times. He is poker faced.

He is -- been very much involved in business matters and construction matters in China, basically, in eastern China. Also, in the western part of the country. But he plays it by the book. He does not volunteer very much. He is a very hard person to read.

He is not going to win any Mr. Personality cast, I will tell you that. He is least Mr. Personality.

BURNETT: Wow. Which -- okay.

So now, you know, Peng obviously has not been seen publicly since making that explosive allegation and I just want to point out to everyone watching that -- that China has done this to really prominent people. It is amazing. And they have gotten away with it, right? I mean, Alibaba founder,

Jack Ma, right, household name to most people watching. He went missing for three months after he criticized China's financial system. And now, he's out there and cowed.

Prominent actress Fan Bingbing vanished from public view for nearly a year, nearly a year after a massive tax evasion scandal. Xiao Jianhua, billionaire financier was seized from a Hong Kong hotel in 2017. He has not been seen since. Real estate mogul went missing last march after criticizing China's COVID response, has now been sentenced to 18 years in prison for corruption.

And, ambassador, as you know, I am just giving, you know, a very small sampling. They -- they -- you know firsthand how this goes. I mean, they have been able to do this with impunity.

BAUCUS: Well, not quite impunity because it very much tarnishes their reputation in the world community and China is aware of that. It's a problem they're facing. That is, they want total control. They want to bring in people and detain people indefinitely. But they know that their profile people, that they are going to face a huge reputational cost in so doing.

So, they have got a problem on their hands. I think the answer to all this, frankly, is for the world community to stand up as the w -- the Women's Tennis Association has and more of that continues, the more finally China is going to realize it's going to be -- it's going to be part of the global community, it has to adopt the standards the rest of the world community has as well.

BURNETT: Well, Ambassador, I really appreciate your time. Thank you so much. I think there is one thing we all know and, that is, that China did not expect the WTA to -- to stand up the way it is s. Probably, expected them to sound more like the IOC.

But -- but no. WTA truly, truly doing something remarkable.

Thank you so much, Ambassador.

BAUCUS: You bet.

BURNETT: And this weekend on CNN, Fareed Zakaria takes an in-depth look at China's leader, China's iron fist, Xi Jinping, and the stakes for America. That airs Sunday night at 9:00.

And OUFRONT next. The White House just releasing details of President Biden's first physical in office. What it reveals about the oldest first-term president in U.S. history.

And a major step for Biden's sweeping spending plan. May be short lived as that now heads to the senate.

(COMMERCIAL BREAK)

[19:42:29] BURNETT: New tonight, President Biden's doctor declaring him healthy and fit for office after today's physical but the doctor saying there are several areas needing further investigation. White House physician Dr. Kevin O'Connor, who has been Biden's primary care physician for 13 years, noting that Biden's, quote, ambulatory gait is perceptibly stiffer and less fluid than it was a year or so ago. You can see video here of Biden walking out to Marine One this week. Dr. O'Connor also saying he is looking into the president's quote increasing frequency and severity of throat clearing and coughing while he speaks.

OUTFRONT now, Dr. Jonathan Reiner, who advised the White House medical team under President George W. Bush.

So, Dr. Reiner, just to note here, President Biden turns 79 tomorrow. He is the oldest person elected to a first term in U.S. presidential history and this is the most extensive detailing of his health that we have gotten in nearly two years. What stands out to you? I mean, I'm mentioning, you know, talking about a perceptibly stiffer gait just in the past year. Something the doctor seems to notice a pretty sudden change. Also, throat clearing.

What stands out to you?

DR. JONATHAN REINER, CNN MEDICAL ANALYST: What stands out to me, Erin, is the thoroughness of this evaluation and the remarkable transparency.

BURNETT: Yeah.

REINER: The report written by Kevin O'Connor. And I should say, in full disclosure, I know Kevin -- Dr. O'Connor very, very well, and have enormous respect for him. But when I read through that document, it was a very, very candid and thorough assessment describing really a head-to-toe assessment of -- of the president.

And I sort of get the sense that the White House medical unit, which I think took a hit during the last administration for, shall I say, concerns for lack of forthrightness? Lack of candor. I think the current administration's White House medical unit and their team is really trying to, you know, restore trust and I think this exam goes a long way.

Look, the president turns 79 tomorrow and 79-year-old people have medical issues and this president certainly has -- has his. He has atrial fibrillation. He has had that for a long time. He has -- now we are learning sort of chronic issues with his back, which they believe is leading to sort of the stiff gait that we see.

And he also describes a mild neuropathy, an issue with the nerves in his feet. So I think this is a pretty candid assessment. But overall, for a 79-year-old man, not bad.

[19:45:05]

BURNETT: So let me ask you about the other knew news today. CDC director authorizing those booster doses of the Pfizer and Moderna COVID vaccines for all adults. CDC advisory panel was unanimous on recommending that.

Now, you know, does everyone just go and you get to six months and do it even though Moderna drops off in immunity a lot less quickly than Pfizer in studies? Or, you know, what do you do? Do you just put all that aside and go in at six months or what do you think?

REINER: Yes. I think that what we now know is that if you are more than six months out from a Moderna shot or two months out from a J&J shot, you are not fully vaccinated unless you get boosted. So in order to protect yourself and your family and your community, you need to get boosted.

And what I was really disappointed to see is, once again, the CDC muddled the message. What they needed to say is that all folks over the age of 18, you know, should get a booster when they pass those milestones. Instead, they said for 18 to 50 can get a booster. If you come to me and ask me what you should do and I say you can. That's not what you are asking for. You want to know what you should do and what they should have said is everywhere over the age of 18 should get a booster.

BURNETT: Yeah, that's true. There is a big difference between can and should. Thank you very much. I appreciate your time as always, Dr. Reiner.

REINER: My pleasure.

BURNETT: Next, the House passes Biden's massive spending bill but its fate now, of course, totally uncertain because it's heading to the Senate.

And NASA about to send up its new $10 billion telescope with the hope of finding signs of life in space. It's been delayed and the fact that it's finally going up is something to celebrate. What are the odds they find life?

(COMMERCIAL BREAK)

[19:50:49]

BURNETT: Tonight, a giant step forward. President Biden praising the house vote to pass his $1.9 trillion spending plan. Biden also suggesting he will still support the bill, even if the Senate strips out key progressive items.

(BEGIN VIDEO CLIP)

REPORTER: The Build Back Better plan, now that it is passed the House, when do you expect it to land on your desk?

BIDEN: Well, I don't know. It's going to take a while to get through the Senate. I think it will probably be after Thanksgiving.

REPORTER: Would you sign if it doesn't contain paid family leave?

BIDEN: I will sign it, period. (END VIDEO CLIP)

BURNETT: I will sign it, period.

Melanie Zanona is OUTFRONT on Capitol Hill.

And, Melanie, Democratic Senator Joe Manchin, right, has explicitly said he opposes paid and family leave. Biden making it clear he will sign this, period. But will the bill get through the Senate? The House agreed to these things being stripped out? You know, there is a long process to get back to the president's desk.

MELANIE ZANONA, CNN CAPITOL HILL REPORTER: You are absolutely right. I mean, today was a huge victory for Joe Biden and the Democratic party but it is only the first step in what could be a potentially lengthy legislative process and that's because the version that passed out of the House today is not going to be the final product. There will be changes that need to be made to win over senators on the Senate side. And that's because they can't afford to lose a single Democrat.

So, now, all eyes turn to Joe Manchin. That centrist from West Virginia. He has concerns with the paid family leave provisions. He's also raised concerns about inflation and the long-term economic and fiscal impacts of this bill.

And the other side of the spectrum, you have Bernie Sanders. The leading progressive. He also has issues with some of the tax provisions in the bill that would help high-income earners and he is also still fighting to expand Medicare to include dental, hearing, and vision. Right now, it only includes the hearing services.

So, it's still a long road ahead. They are trying to wrap it up before the end of this year but I will tell you, Erin, that Democrats here on Capitol Hill are feeling pretty good about where things are. And it was certainly a celebration atmosphere today, this morning when it passed in the House -- Erin.

BURNETT: Sure it was. Melanie, thank you very much.

And next, is there another planet with intelligent life out there? Well, NASA is opening to find out if with its new $10 billion telescope.

(COMMERCIAL BREAK)

[19:56:43]

BURNETT: Tonight, NASA's $10 billion web space telescope set to launch next month at long last with the hope of locating intelligence life in space. The new CNN film "The Hunt for Planet B" takes us inside this groundbreaking mission.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Do you think there is life out there? JILL TARTER, CHAIR EMERITUS, SEARCH FOR EXTRATERRESTIAL INTELLIGENCE

RESEARCH: You know, Nathaniel, whatever I think about life beyond earth doesn't matter a bit. You know, for millennia, we asked the priests, the philosophers, whoever we thought was wise, what we should believe. Well, we can now change that verb into the verb to explore.

Anything else is religion. And we are not doing religion here. We're doing science.

(END VIDEO CLIP)

BURNETT: So, the woman you just saw in that clip, Jill Tarter, she joins me now. She is the chair emeritus of the search for extraterrestrial intelligence research, and your work was depicted in the movie "Contact." Your character was played of course by Jodi Foster. It was an inspirational, sort of a life-changing movie for me. I loved it.

So, Jill, I'm -- I'm so honored to get to talk to you as a person who inspired that and has spent your life on this.

So, how confident are you that the Webb telescope will -- will find not just life on other planets, which I know would be a huge breakthrough just to even have proof of some sort of bacterial organism or water. But what about complex-intelligent life like ours?

TARTER: Well, WST is really not set up to find intelligence or technologies. But what it will perhaps allow us to do for some of those nearby exoplanets, planets orbiting other stars is to look at the composition of the atmospheres of those exoplanets, and determine whether there's any chemistry that would indicate biology on the surface of the planet.

You probably won't be able to tell whether that biology is intelligence enough unless somehow they are manipulating the -- the chemistry in the atmosphere to -- to blink a Morse code. But we will be able to, perhaps, learn about whether life exists beyond the earth and that, in fact, is really exciting.

BURNETT: And deeply profound. I mean, you have dedicated your -- your entire career to the search for extraterrestrial intelligence. What does this mission mean to you? Do you feel that it's finally, you know, within your grasp?

TARTER: Well, the fact that we will be able to interrogate nearby exoplanets is really stunning and exciting. There has been so much technology that was required to be developed to make this telescope work. That it's taken a great deal of time. And it will be able to do things that other telescopes can't.

Looking for intelligent life, looking for what we call techno signatures, we tend to use other ground-based telescopes. But it could show us life on a nearby planet and that would be stunning.

BURNETT: It -- it would be. And I know that emphasis on just the word "near", right, is so crucial. Well, Jill, thank you so much. I really appreciate your time and

talking with me. I can't wait to watch this. I hope everybody does. "The Hunt for Planet B," tomorrow night, Saturday night, at 9:00 right here on CNN.

Thanks so much for joining us.

It's time now for Anderson.