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Erin Burnett Outfront

Pelosi Attack Suspect Pleads Not Guilty To State Charges; Ukraine Air Force: Ukraine Has "No Effective Defense" Against Iranian- Supplied Ballistic Missiles That Can Strike Anywhere; Biden About To Speak At Rally In Florida; January 6 Panel "In Discussions With Trump Attorneys For Him To Testify. Aired 7-8p ET

Aired November 01, 2022 - 19:00   ET

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

[19:00:23]

ERIN BURNETT, CNN HOST: OUTFRONT next, not guilty. The suspect charged with attempting to murder Paul Pelosi and kidnap Speaker Nancy Pelosi pleading not guilty in his first court appearance, as we're learning new details right now about a possible defense strategy.

Plus, they're key to Putin's grip on power, and tonight, more Russian tycoons are breaking with Putin at last over his invasion of Ukraine.

And caught in a crush. I'm going to talk to a student who is trapped in the deadly Seoul disaster. Her legs going numb, her lungs felt like they were flattened. Her amazing story of survival, tonight.

Let's go OUTFRONT.

And good evening. I'm Erin Burnett.

OUTFRONT tonight: in court. The man accused of assaulting Speaker Nancy Pelosi's husband making his first appearance before a judge. David DePape pleading not guilty to a long list of state charges, including attempted murder, residential burglary, and assault with a deadly weapon, as well as threats to a public official in her family.

DePape is also facing two federal charges, and he could face life behind bars if found guilty. Some Republicans have tried to cast doubt on certain details of the attack, though, raising questions that suggest that something is suspicious about the official version of the story. And today, the former president joined a growing chorus of conspiracy theorists.

(BEGIN AUDIO CLIP)

DONALD TRUMP, FORMER PRESIDENT: Well, it's weird things going on in that household in the last couple of weeks. You know, probably you and I better not talking about it. But the glass, it seems, was broken from the inside to the out, and, you know, that was -- so it wasn't a break-in. It was a break out. I don't know, you heard the same things I do.

(END AUDIO CLIP) BURNETT: Okay, well, that's just not true. I mean, I guess, you know, facts are facts. DePape told police that he used a hammer to break into the house.

But Trump is actually just following here, he's doing what others started doing days ago, raising questions about the attack, even making light a bit, like Republican candidate for Arizona governor, Kari Lake.

(BEGIN VIDEO CLIPS)

KARI LAKE (R), ARIZONA GUBERNATORIAL CANDIDATE: It is not impossible to protect our kids at school. They act like it is. Nancy Pelosi -- well, she's got protection when she's in D.C. Apparently, her house doesn't have a lot of protection.

TUCKER CARLSON, FOX NEWS HOST: The question remains, was their third person at the home? We don't know, but it's not crazy to assume there was.

KEVIN CORKE, FOX NEWS CORRESPONDENT: Why did Paul Pelosi allegedly described DePape at one point in a conversation with authorities, as a friend?

(END VIDEO CLIPS)

BURNETT: These questions and insinuations are not innocent. They are designed to give light to conspiracy theories. They are post with a question mark just to do that.

There was no third person. The San Francisco D.A. telling a CBS affiliate, and I quote, there are only two people in the home at the time when police arrived. Mr. Pelosi and the suspect. There was no third person present, right?

These are just the facts. I'm going to speak to the district attorney in just a moment. And as Pelosi calling DePape a friend while speaking to a 911 dispatcher, a law enforcement source in San Francisco says that Pelosi was trying to give coded information, because the intruder knew Pelosi was on the phone and Pelosi wanted to signal to the dispatcher that something was wrong, while keeping the alleged attacker calm.

In fact, not only was DePape not friends with Paul Pelosi, police have been categorical that Pelosi and the alleged attacker did not know each other.

(BEGIN VIDEO CLIP)

CHIEF WILLIAM SCOTT, SAN FRANCISCO POLICE: There is absolutely no evidence that Mr. Pelosi knew this man.

(END VIDEO CLIP)

BURNETT: Josh Campbell begins our coverage out front live in San Francisco. So, Josh, what more can you tell us about DePape's court appearance

today?

JOSH CAMPBELL, CNN SECURITY CORRESPONDENT: Yeah, Erin, the suspect accused of assaulting Paul Pelosi made his first appearance in court today here at the hall of justice behind me in downtown San Francisco. He remained in police custody. He was addressed in orange dense jumpsuit, and appeared to be recovering from injuries of his own, likely sustained when he was tackled by officers from the San Francisco police department while he was allegedly engaged in that violent attack on the space of the speaker of the House.

(BEGIN VIDEOTAPE)

CAMPBELL (voice-over): Forty-two-year-old David DePape making an appearance in a San Francisco court Tuesday with his arm in a sling, pleading not guilty to all state charges filed in Friday's politically motivated attack on Paul Pelosi.

ADAM LIPSON, DEPUTY PUBLIC DEFENDER: We are going to be doing a comprehensive investigation on what happened. We are going to be looking into Mr. DePape's mental state.

CAMPBELL: DePape waived his right to a hearing within ten days, it is being held in a San Francisco County jail until his next court appearance on November 4th. The judge signed a protective order for no contact with the Pelosi's.

DePape is facing charges that could lead to 13 years to life in prison if convicted.

[19:05:02]

Those charges include attempted murder, burglary, assault with a deadly weapon, false imprisonment, as well as threats to a public official and family.

BROOKE JENKINS, SAN FRANCISCO DISTRICT ATTORNEY: Mr. DePape specifically targeted the Pelosi home to confront Speaker Pelosi.

CAMPBELL: DePape's attorney, Deputy Public Defender Adam Lipson, responding to questions Tuesday about motive.

LIPSON: There's been a lot of speculation regarding Mr. DePape's vulnerability to misinformation. That is certainly something that we're going to look into.

CAMPBELL: Authorities are still rebooting conspiracy theories that Paul Pelosi and DePape knew each other.

SCOTT: There is absolutely no evidence that Mr. Pelosi knew this man.

CAMPBELL: Paul Pelosi is still hospitalized after being struck on the head with the hammer, sustaining a skull fracture, and other serious injuries. Parallel investigations into the attack by the FBI and San Francisco

police are now underway, with new details emerging that DePape brought two hammers, zip ties, rope, and a roll of tape to the Pelosi home.

DePape now also faces federal charges of assault and attempted kidnapping of a U.S. official stemming from the attack caught on police bodycam, which authorities said it would not be released until the case goes to trial.

Now, with the wave of recent threats to elected officials, the head of Capitol police said on Tuesday that his agency's mission has become increasingly urgent, writing in a statement: We believe that today's political climate calls for more resources to provide additional layers of physical security for members of Congress.

Chief Tom Manger adding, during this time of heightened political tension, we continue to monitor thousands of cases across the country. In an effort to spot potential threats before they make headlines.

(END VIDEOTAPE)

CAMPBELL (on camera): Now, Erin, Paul Pelosi remains in intensive care at this hour, recovering from those very serious injuries including a skull fracture. We are learning new details tonight, reporting from our colleagues Jamie Gangel and Jeremy Herb, that the Pelosi family might be getting access to that 911 audio from early morning on Friday during the assault, as well as the police body camera. They will be able to see and hear that for themselves. That could come as early as tomorrow, Erin.

BURNETT: All right. Josh, thank you very much.

And let's get some more details on that. Obviously, just to emphasize here, days in the hospital and intensive care. This is incredibly serious and remain so for Paul Pelosi.

OUTFRONT now, the San Francisco District Attorney Brooke Jenkins. I really appreciate you taking the time to speak to me again.

Brooke, I want to start with some new reporting here. There is a new court filing being cited by the "Associated Press", which says that in the filing, DePape was on a suicide mission and had plans to target other California and federal politicians.

Can you tell me more about this, and who is targeted?

BROOKE JENKINS, SAN FRANCISCO DISTRICT ATTORNEY: What I will say is that we have tried to give the public enough information, obviously, as we can, without compromising the investigation or the prosecution of this case. As you guys have become aware, there were other public officials that were apparently targets of his. And, obviously, he showed up at the speakers house first.

BURNETT: And that was -- this was sort of the beginning of something that was going to be much more. We know on the 911 call here that -- we understand from what Josh is saying, that members of the Pelosi family are expected to hear audio from that call that Paul Pelosi placed to police. We know he left the line to the dispatcher open during the attack.

So, are you able to give us in any information about how long that call was, and whether the exchange between Pelosi and his alleged attacker is clearly audible in its entirety?

JENKINS: What I will tell you is that it is a very limited call. It's very short and brief. He does expressing things to the dispatcher that are indirect to try to signal that something is going on, but I don't want to get into many more details into that. Like I said, what we want to do is make sure that we're protecting this prosecution without previewing every ounce of evidence to the public.

BURNETT: I understand. And to the point here, obviously this is an attack that involved a hammer. Do you know what the other attacks that you are referring to, multiple to a tax plant on other elected officials, including federal officials? Was it -- had he thought through how he was going to do it, or was that, is that unknown to you?

JENKINS: So, that is still unknown to me. As I've tried to tell a lot of folks in the last few days, this investigation is still very, very fresh. And so the FBI, as well as the SFPD are doing their best to comb through everything as fast as they can. But, of course, we want to make sure that they are dotting their I's and crossing their T's, and gathering everything that it would take to ensure that this prosecution, both the federal and state side, are successful.

BURNETT: I'm curious about what was about on the body camera footage. Can you see Pelosi attacked after police arrived? Do you actually see the attack?

JENKINS: Yes.

[19:10:01]

BURNETT: You do? So, you actually see him struck with a hammer?

JENKINS: You do see him get attacked on that footage, yes.

BURNETT: This will be incredibly disturbing.

What was -- the federal complaint described a conversation between DePape and police. Are you able to give me any sense of what that conversation, that interview was like? Was he sober? Was he coherent? How did he present himself?

JENKINS: What I will tell you is that he was cooperative. He did submit to a lengthy interview with the police. That's as much as we are going to reveal at this time, given that the investigation is still ongoing.

BURNETT: Again, you're obviously telling us that you can see this attack on tape, on body cam of the police officers that were there. I know that DePape's backpack was found on the scene, according to the FBI affidavit. They find a roll of tape, white rope, a hammer, which I guess would be in addition to the hammer that you saw him using in the attack. I'm just making that assumption. A pair of rubber and cloth gloves and a journal.

Do you have any sense of what he was going to use that for, and whether the other things were important to his planned attack?

JENKINS: At this point, that has not all been fleshed out just yet. What we do know is that there is an indication of use of the zip ties being a part of this, in order to tie Mr. Pelosi up. But right now, that is as much as we have as this investigation continues.

BURNETT: Zip ties.

Do you -- can you tell us anything about what was in his journal? Did it have any of the thoughts and plans, or names of people that he was targeting, anything like that? Or was it not in that kind of realm?

JENKINS: No, at this time we're not really seeing anything more about that journal or anything else, given like what I say, our main objective right now is to protect the investigation as well is the prosecution. And so, we are trying to keep the universe of what we reveal as limit as we can, while also clearing up a number of distortions. You know, as you've mentioned, that have been going around.

BURNETT: Which is important to do. Unfortunate, but important you do that.

Is DePape still talking to investigators at this time?

JENKINS: So, at this point, as of today, he's now represented through counsel. So, I would expect that there won't be future interactions with him.

BURNETT: Okay. So, you talk about having to clear the record. For example, whatever the former president saying, the glass was broken from the inside. That was false. There is an extra person in the house. That was false, right?

So, you have to waste time on this. So many conspiracy theories, and you've actually had to push back against some of those, which of course is frustrating because you want to give them air, but they've got air, so you have to try to deflate them.

Do you know what role conspiracies and disinformation played in aggravating DePape, and getting him to the point where he actually planned attack?

JENKINS: I can't say that specifically, but I will say is I think we've seen, just like on January 6th, that this insightful commentary that goes on, what has become accepting behaviors of people encouraging violence, encouraging people to take these extreme standpoints, and viewpoints is certainly laying a pathway to this type of conduct.

BURNETT: And one final question here. According to the FBI affidavit, there's a line in there that really stood out to me. It's this one.

Several, but among them was this one. DePape explained that he wanted to use Nancy, as in Pelosi, to lure another individual to DePape, what can you tell us about this other individual? The use of the word lure here stood out. He wanted to use Nancy to lure another individual to DePape.

JENKINS: So, right now, like I said right now, we've tried to reveal what we needed to in order to clear up a number of the distortions that have been made. And, of course, to apprise the public of what exactly happened here.

BURNETT: Yeah.

JENKINS: But as far as certain details, those are things that we are protecting so that this investigation can be successfully completed. So, that's something that I'm that it will to comment on at this time.

BURNETT: All right. Well, I appreciate your being forthright about what you can and can't say, and adding information that you could hear, and that's what's important. Thanks so much, Brooke.

JENKINS: Thank you.

BURNETT: Brooke Jenkins, of course, the San Francisco district attorney.

And next, two powerful Russian billionaire suddenly breaking from the Russian president over his war in Ukraine. Why? Why now should Putin be worried?

Plus, President Obama about to rally supporters in Nevada, where the Democratic Senate nominee's neck and neck in with a Republican challenger. Our John King is standing by at the magic wall tonight.

And the Supreme Court paving a way for a key Trump ally to testify before Georgia special grand jury. Is Trump closer to being indicted?

(COMMERCIAL BREAK)

[19:18:30]

BURNETT: Tonight, Ukraine's military warning with a stark warning, Russia can strike anywhere in Ukraine with Iranian supplied ballistic missiles, and Ukraine does not have the capability to stop them. This, as CNN reports that Iran is preparing to send Russia 100,000 more weapons, including for the first time, precision guided ballistic missiles, which, of course, have been so incredibly depleted in Putin's arsenal. This could be hugely significant.

Also, more attack drones. All of it coming as CNN is learning tonight that two Russian billionaires key to Putin's grip on power, have now suddenly renounced their citizenship, at this point in protest over the war.

Matthew Chance is OUTFRONT. (BEGIN VIDEOTAPE)

MATTHEW CHANCE, CNN SENIOR INTERNATIONAL CORRESPONDENT (voice-over): He is one of the most high-profile, richest Russians to publicly condemn the Ukraine war. The billionaire who founded the Tinkov Bank, one of Russia's biggest lenders, now renouncing his Russian citizenship, a major slap to the Kremlin's face. He has even posted the termination document online, along with scathing criticism of the Russian state. I can't, and won't be associated with a fascist country, Tinkov wrote on his Instagram page, a country that started without a war with their peaceful neighbor.

He went even further, calling on other wealthy Russians to also leave the country behind.

I hope more common Russian businessman will follow me, Tinkov writes, so that it weakens Putin's regime and the economy, and puts him eventually towards defeat.

[19:20:07]

The post was quickly deleted which Tinkov blames on Kremlin trolls.

It's not the first time Tinkov has publicly criticized Putin and his Ukrainian conflict. These almost daily scenes of violence and its horrors seem to have galvanized the billionaire.

Back in May, Tinkov who's suffering from cancer, spoke of how his own fight for survival made it impossible to stay silent in the face of so much killing.

OLEG TINKOV, RUSSIAN BUSINESSMAN (through translator): You see, kids, women, people dying for nothing, being murdered by somebody. I mean, the Russian army is killing them for nothing. You can die from cancer, but why should you die from a bomb just because you live in Ukraine? This is messed up, especially in the 21st century.

CHANCE: Of course, there have been other prominent Russian billionaires who criticized the Ukraine war. Even Oleg Deripaska, a metals magnate, known to be close to Putin, has called a colossal mistake, but stopping short of blaming the Kremlin.

And earlier this month, another billionaire investor, Yuri Milner, said that he renounced his Russian passport too.

Tinkov, seen here in London, seen here in London, where despite British sanctions, he still spends much of his time, says he only met Putin once for a beer, more than 20 years ago. But he says that he hates Putin's Russia, and is now severing himself from it all together over what he calls Putin's crazy war.

(END VIDEOTAPE)

BURNETT: So, Matthew, amazing to see this. I mean, does Tinkov's renunciation now mean that Putin is losing support among Russia's business tycoons, right? I mean, the significance of this is that after everything that we've seen, he's choosing to do this now.

CHANCE: Yeah, I think it's got a point in that direction. I think you have to remember, that Oleg Tinkov is a bit of a unique case. He sold his businesses already in Russia. He's got leukemia, and so he may feel that he's got nothing to lose.

But, of course, there are many other business people in the country that have a lot to lose, speaking out like that would probably mean the end of your business. It could mean jail. It could mean danger for your family.

So, even if they agree with what Oleg Tinkov has to say, they're probably going to keep their mouths shut. Having said that, the fact that anyone speaking out at all, and there are several high profile people, indicate that the economic impact that this war is having on Russia.

BURNETT: Yeah, absolutely, and as you say, the circumstances are specific to him. Still, it's a courageous and brave act that he is doing this.

All right. Matthew Chance, thank you very much.

Even though the context here is that, you know, you've got this disarray among Putin's troops and Yevgeny Prigozhin, that prominent Putin ally, who's leader of the Wagner group, that brutal private army, has been getting more influence every day, raising many questions.

OUTFRONT now, Andrei Soldatov, he is the Russian investigative journalist who specializes in Russia's intelligence services, which we've been speaking to throughout this war. He's also author of "The Compatriots: The Russian Exiles Who Fought Against the Kremlin".

And, obviously, Andre, you know so much about Tinkov, people like him. Prigozhin is a crucial character right now in trying to understand what he means to this war. He's now urging the Russian prosecutor general to shut down YouTube. He says that it's undermining Russia.

And, look, when you're coming out, and you're the leader of the brutal Wagner group, right, this mercenary group, you're not just being a military leader if you're sending -- what do you think is happening here with Prigozhin, why is he becoming so much more bold?

ANDREI SOLDATOV, RUSSIAN INVESTIGATIVE JOURNALIST: Well, Prigozhin is extremely ambitious. And now, it seems like he's been getting ambitious politically. He's really good at identifying the weak spots that the Kremlin has. And two weeks ago, it was mostly about the military, and Prigozhin criticized the military openly, and he got some changes to the chain of command. So, the military was changed, and the Russian troops got a new commander.

And now, he is identifying that the Kremlin is losing information control, especially on the Internet. The YouTube is one of the services that is still not blocked as a country, available for the Russians. And YouTube (AUDIO GAP) widely for watching the news about what is going on in Ukraine. So, now, he's attacking these weak spots to make himself visible and useful for Putin.

BURNETT: And when you say visible and useful for Putin, Prigozhin yesterday said the children of Russia's elite should be mobilized, right? He has confronted Putin over the war, perhaps to tell Putin to up the ante, right?

[19:25:04]

And that would fit to tell him that the elite should be mobilized.

He also the other day praised Zelenskyy's leadership, saying that he should not be underestimated. So, what do you think that his goals are? Does he want to run Russia's military? Are his ambitions larger than that? And how does all of this combination of things that he's doing actually endear him to Putin?

SOLDATOV: Well, I think, first of all, he's not stupid. He understands his limits. He never had any military training. He spent some time in jail, but never did anything in the Russian military.

He runs this military company, but his ambition I think is not to become a minister of defense, but maybe a place in the Russian Security Council, because that is where you have political decisions made. That's where you have real power. So, to become someone like deputy secretary of security, that would fit him.

BURENTT: That's obviously a crucial character to watch, even as you see some of these billionaires turning away.

Thank you so much, Andrei. I always I appreciate your reporting and insight.

And next, President Obama about to campaign in Nevada tonight for that Democratic incumbent who is at risk of losing her seat. Can they score a win in a state hard hit by COVID and has some of the highest gas prices in the nation? We'll tell you how to those things play. John King is at the wall next.

Plus, from churches to concerts, the all out push for Black voters to turn out on election days.

(BEGIN VIDEO CLIP)

GOV. BRIAN KEMP (R), GEORGIA: I'm asking people to trust me.

STACEY ABRAMS (D), GEORGIA GUBERNATORIAL CANDIDATE: I know that if the agenda for Black men works, it works for everyone.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

[19:30:39]

BURNETT: All right. These are live pictures out of Florida on your screen right now. That's where President Biden will be speaking at a rally at this hour. We are exactly one week from Election Day itself.

The president is campaigning for Senate nominee Val Demings who is challenging Marco Rubio for the Senate seat there. It is one of 35 Senate races this midterms cycle.

So, there are many ways to slice, especially given to you this way. If Republicans can hold all of the seats that they have, they just need to add one. Just take one from the Democrats, and they get control of the Senate.

Eight of the races on your screen are so close that they could go either way, including Nevada. That is where former President Obama will appear with the Democratic Senator Catherine Cortez Masto tonight. The latest poll there shows her neck and neck with Republican challenger Adam Laxalt.

John King is OUTFRONT live at his magic wall.

So, John, it's really amazing when you look at this, again this assumes that they keep what they have, and they don't know. But if they did, they just have to peel one. Eight are too close to call.

What are you seeing in Nevada tonight?

JOHN KING, CNN CHIEF NATIONAL CORRESPONDENT: What you see is Barack Obama going into tonight, Erin, to help the most vulnerable Senate Democratic incumbent. And that is Catherine Cortez Masto. In this state, Obama won twice, Hillary Clinton won it, Joe Biden won it, but Democrats are very, very nervous. Why? Think about the last several years of American life, and think about how they played out in Nevada. It's hospitality industry, let me start this out, a little bit, excuse me from turning my back, punished, punished incredibly by the COVID pandemic.

At one point in April 2020, the unemployment rate there was almost 28 percent, almost twice the national average. Think about that. Now, it has recovered, unemployment now is higher than pre-pandemic levels, but, Erin, when you get hit with a punch like that, it bruises, and it bruises for a long time.

And Cortez Masto, the incumbent Democratic senator, has to deal with that economic exactly. The economy has recovered, the unemployment rate is now 4.4 percent, all the jobs are back. But gas prices tend to be higher out west, right?

Look at this. They are more reliant on Russian oil, fewer refineries out west, and so the transportation costs are higher. The national average is now $3.76, that's down from the peak of the summer.

Look at the price of gas in Nevada still, just under $5. Cortez Masto, the incumbent, running in that environment. First, COVID, now, gas prices. And she is a Latina in the Senate, right? She's trying to stop what has become a trend in recent elections that concerns Democrats, and that is a rising, may only be modest, but a rising share for Republicans, at least for Donald Trump among Latino votes, 20 percent of the electorate, it will, maybe a little bit more in Nevada, 2016, Trump got 29 percent, 2020, Trump moved up to 35.

The Laxalt campaign is confident it can move up its numbers among Latino voters. Not, win here, Erin, but it's about the margins. In a very close race, Laxalt does something like that, maybe a little bit better, that could be the difference.

So, part of Cortez Masto's pitch is please, I'm one of, you I understand. Obama got 75 percent of the Latino vote in 2008. Maybe he can help there too.

BURNETT: So, and that's -- OK, so now, this is what's really interesting, right? You said Joe Biden is appearing in Florida. It is Obama who's tonight is going to be in Nevada, Obama. And, you know, you mentioned he did so well among Latinos there.

Manu Raju, as you know, is out there. He spoke to Senator Cortez Masto today in a Nevada, ahead of the Obama rally. She seemed to dodge John when he asked, well why don't you have the current president? Why don't you have the current president there campaigning?

Let me just play the exchange.

(BEGIN VIDEO CLIP)

MANU RAJU, CNN CHIEF CONGRESSIONAL CORRESPONDENT: Do you want the president -- President Biden here? Do you want him?

SEN. CATHERINE CORTEZ MASTO (D), NEVADA: Anybody is welcome here, but my focus will be Nevadans.

RAJU: You want Biden to run for reelection?

CORTEZ MASTO: I'm focused right now on this election.

(END VIDEO CLIP)

BURNETT: So, Biden, not going to be in Nevada. He's going to be in Florida, New Mexico, Pennsylvania this week, but Obama will be there.

So, what does this tell you about the incumbent president, and where Democrats think that he can help, and where he is a liability?

KING: First, there's some irony here. Back in 2010, it was Barack Obama who was not welcome in his first midterm election. It was Vice President Joe Biden who was out on the road as a surrogate in many of these races. So, karma is a funny thing in politics, if you will.

Look, let's look at our national poll of polls, right? And now, we'll go through some of these states. This is where the president is right now. That's where Obama was, and Trump was in their first midterm. Obama lost 63 seats in the House, and the House majority. Trump lost 40 something in the house majority.

[19:35:01]

Both of the last two presidents, one Democrat, one Republican lost the House majority because this is what they look like heading into the first midterm election.

So, the president is underwater, you can understand why Democratic incumbents are a little bit wary about having him out there. So, you know, Obama was in Wisconsin the other day, Obama is in Nevada today, Obama will be in Arizona before the election. Former presidents don't have the baggage of current presidents, that's just a fact, Erin.

So, what is President Biden doing? He's not welcome in most of these big battleground states. He'll be in Maryland the night before the election, a big blue state.

He's in Florida right now. His people tell you that they don't think that he can help Charlie Crist in the governor's race. They're not sure he can help Val Demings much. But what he can do around that event he's going to have? He's raising a ton of money.

An incumbent president, even if he's under water, can raise a ton of money. This is the most expensive campaign in history. The president is helping that way.

BURNETT: Right. And that obviously, she's saying dollars and cents that matter most in many ways.

All right. John, thank you very much.

So, now, we talk about those eight races and 35, and whether the Republicans just need to flip one. Georgia is now in the crosshairs. That's what Democrat Raphael Warnock and Republican Herschel Walker remained deadlocked tonight. Now, they don't want this to go to rocks. Both of them want to win it outright. You have to get over 50 percent to do that.

And to do that, both candidates are trying to secure the votes of Black men, like themselves, who both said they feel have been abandoned.

Eva McKend is OUTFRONT.

(BEGIN VIDEOTAPE)

EVA MCKEND, CNN NATIONAL POLITICAL REPORTER (voice-over): At churches, in barbershops, even at concerts.

UNIDENTIFIED MALE: Everybody who's registered to vote in here.

MCKEND: In Georgia and other battleground states across the country, an all out effort to get Black men to vote.

ERIC RICHARDSON, GEORGIA VOTER: We are going to make a difference in the world. Our vote. Our vote.

MCKEND: At Anytime Cuts in Atlanta, these men say their priorities as they look toward November are tied to economics.

CHASE WALKER, GEORGIA VOTER: Number one priority for me as a Black man is maintaining my business. MCKEND: In a recent conversation hosted by Black Men Decide, and the

Atlanta Urban League, voters said they feel like both parties are messaging directly to them.

WALKER: Historically, I feel like it has been the Republicans that look out for businesses, from attacks perspective.

STACEY ABRAMS (D), GEORGIA GUBERNATORIAL CANDIDATE: I know that if the agenda for Black men works, it works for everyone.

MCKEND: Both Democratic and Republican campaigns are competing for Black men through targeted messaging in events.

KEMP: I'm asking people to trust me.

MCKEND: In the race for Georgia Senate seat, two Black men going head to head, at Saint Philip AME in Atlanta.

UNIDENTIFIED MALE: People at their voting, Georgia would be a different place.

MCKEND: A final push from Georgia's Democratic candidate for governor, Stacey Abrams campaign, to highlight her Black man's agenda, a plan to invest in black owned small businesses.

CHRISTOPHER BRUCE, ABRAMS CAMPAIGN ATLANTA POLITICAL DIRECTOR: We talk directly to Black men in their areas of focus. Seeing what interests them, because we can't take anybody's will for granted.

MCKEND: One voter said he senses Republicans are making gains with Black men.

LOUIS ANDERSON, GEORGIA VOTER: It seems like a percentage of African American males from the business sector, just a percentage, seem to be a little ambivalent about the Democratic ticket.

MCKEND: Even though black voters played a pivotal role in electing President Joe Biden two years ago, some Democratic strategists share this concern.

FRED HICKS, GEORGIA DEMOCRATIC STRATEGIST: Because we really spent the time to understand the issues that are of concern to black men, specifically, those around access to capital, and criminal justice reform.

MCKEND: But longtime organizers suggest those worries are overstated, and are confident that Black men will turn out for Democrats in big numbers in Georgia, and across the nation.

LATOSHA BROWN, BLACK VOTERS MATTER: The Republican Party are really simply explaining this idea of, we are going for Black men because we know they're upset right now, and there's discontent.

MCKEND: So, you don't think the a reaches genuine?

BROWN: Absolutely not. They say one thing, but literally, when you look at the policies, it's not reflecting that.

MCKEND: Races nationwide that might come down to razor-thin margins.

HICKS: The majority of young black men are going to vote Democrat, but especially in Georgia, elections could be among the edges. If you're a Republican, can you peel off enough Black men to make it really difficult for Democrats to learn?

MCKEND: In just one week, those efforts to drive black men to the polls will be put to the test.

(END VIDEOTAPE)

MCKEND (on camera): Now, according to data from Catalyst, about 200,000 Black men have turned out in Georgia during this early vote period. That's a 46 percent increase from the midterms in 2018.

Governor Kemp on the campaign trail today, expressing confidence in the ground game that his game has with voters of color. But that is a ground game the Democratic candidate Stacey Abrams has worked to cultivate for years.

[19:40:00]

She just wrapped up an event here.

Erin, back to you.

BURNETT: All right. Eva, thank you very much. Forty-six percent increase, though, on early voting among Black men, that's a stunning number. It's going to -- who knows what it means? We'll see I guess in a week. Thank you so much.

And OUTFRONT next, Trump's attorney now speaking to the January 6 Select Committee. But will Trump actually testify? And if he does, can the committee control him?

Plus, I'll speak to a student who is in the middle of that deadly crowd crush in South Korea. At one point, her feet lifted off the ground, her lungs felt as if they were being flattened.

(COMMERCIAL BREAK)

BURNETT: Tonight, Donald Trump's lawyers are officially, quote, in discussions with January 6th Committee, for him to testify under oath. That news is coming today from the vice chair, Congresswoman Liz Cheney, saying that the testimony could potentially take place over multiple days.

But, Cheney, making clear, she does not want to be at the mercy of Trump, turning the testimony into a, quote, circus.

Ryan Goodman is OUTFRONT, the co-editor and chief of "Just Security" and former special counsel at the Defense Department.

Okay, so they are talking. And, you know, but here's my question. Cheney declares she does not want to be at the mercy of Trump turning this testimony into a circus. How can the committee ensure that does not happen?

RYAN GOODMAN, JUST SECURITY: I think they have to put as a precondition that this takes place like a normal deposition behind closed doors. And that he doesn't get any special treatment as a witness to say, oh, I will only speak to a Congress under subpoena if I can do it live. I think that's the most important to keep --

BURNETT: You can't televise it?

GOODMAN: That's right. I think otherwise it turns it into something that can be totally out of their control. It could be that he uses it just as a stage or platform, not even necessarily answering the questions if he so chooses to use it in that manner.

I think that's what he would very high likelihood that's what he would do.

BURNETT: That's what he'd do.

Okay, so now the context here is the indictment decisions are looming, right? Both the DOJ, but also in Georgia. The Supreme Court today ruled against Senator Lindsey Graham, right? He tried to say, I shouldn't have to testify in the Georgia case. Supreme Court, unanimous with the Trump appointees saying, no, you have to go ahead and do it.

Prosecutors are expected to ask Graham whether he coordinated with Donald Trump, among other things. This is Trump's efforts in the Georgia election.

Does this signal that there is an indictment coming there? In Fulton County?

GOODMAN: It's another strong indicator that it is and that she wants to just get all of her ducks in a row, then she can make her indictment decision. I do think that the very question she can asked Lindsey Graham pointing right back to Donald Trump, the way that the Supreme Court decided this, it basically leads it back to where the district court said, that she is now allowed to ask Lindsey Graham, did you coordinate, did you communicate with the Trump campaign? Did you control or exhort state representatives, the state election officials for Donald Trump's benefit?

And that's it, that's exactly what she needs.

BURNETT: As you say, it would be crossing your T's and dotting your I's.

All right, Ryan Goodman, thank you so very much.

And next, I'm going to speak to a survivor from the deadly crowd surge in Seoul. That crowd, so tightly packed together, she tells us she could no longer even feel her legs. How she survived to tell her story is next. Plus, an emotionally charged day in court as victims families face the

Parkland school shooting gunman. Father of one victim, telling us why he chose to say nothing today.

(COMMERCIAL BREAK)

[19:50:48]

BURNETT: Tonight, survivor. She was crushed by the crowd in the Seoul Halloween celebration. Her feet lifted off the ground, she said her lungs felt like they were flattened. If the crowd crushed that killed 156 people spared my next guest, miraculously, Juliana Velandia Santaella, a student from Mexico who was studying in Seoul, survived to tell her story and she joins me now.

And, Juliana, it truly is a miracle that you are alive and I know it's difficult for you to even begin processing what you've endured. How are you doing tonight?

JULIANA VELANDIA SANTAELLA, SURVIVED DEADLY CROWD DISASTER IN SEOUL: Hi, thank you for having me. I'm doing well, thank you. I'm feeling much better now.

BURNETT: So, in those moments, when we first heard about this, it was sort of, my gosh, what had just happened? People were lying on the street. No one knew what had occurred. When did you first feel that something was wrong, Juliana?

SANTAELLA: I mean, basically right when we got out of the subway station, it was already packed. Completely packed we were, like, sardines moving around. But the moment when I knew something was wrong was when we got to one of the most popular streets in -- where the famous restaurants are and bars and stuff, it's right before where we entered into the alley where the crowd crash happened.

That's the moment where we were all completely squished. They started pushing us downhill because we were up the hill. Started going down the alley, it goes down, so that's the moment when they just started pushing me and they wouldn't stop. And yeah, that's basically when I knew that something was terrible was going to happen.

BURNETT: Okay, so now you're here, you know something terrible is going to happen. The last photo that you took before that moment, I understand, Juliana, was at 10:08 pm. Then you weren't able to look at your phone again because of what you are going through until 10:57 pm.

So, tell me what happened during that time, nearly an hour.

SANTAELLA: I mean, I could not move a muscle from my body. My body was completely restrained from the neck down. I was -- luckily, my head was above the surface of all of the people, that's the only reason that I could breathe. Everything else in my body, I was completely restrained. My legs were completely squished for at least 30 minutes, without receiving blood circulation. I stopped feeling them at some point. I literally thought they were going to break.

I couldn't feel them, I couldn't even move my toes because there were people below and a brash me, crushing my body completely.

There is an unconscious guy on top of me. My lungs and chest we completely flattened. So, I couldn't inhale, I couldn't expand my lungs to breathe. I knew the only way that I could keep being alive was to keep breathing from my mouth. It's the only way that I knew I could survive. My priority right there was my lungs, not my legs, just to survive.

BURNETT: Juliana, how did -- at this point, you are aware that people are unconscious, dying. You know that you could die. How did you control the terror?

SANTAELLA: I mean, at first, it's a shock. At a moment, you know like when everyone else around you starts -- I just saw them start to be unconscious. There were people calling the police, and then a few minutes later, I look at them again, and they're already unconscious. I was like, OK, I'm going to be next. This is the, and this is where it all ends. I'm going to die.

But I think that something in human instinct happened, the survival instinct. No, I don't want to die. I want to see my mom again. I want to come back. She was my motivation to keep breathing, and that's how I found a way to keep breathing from my mouth.

[19:55:03]

Yeah, that's basically right. That's how I survived.

BURNETT: Well, thank you so much for sharing this. I know that it's hard to do, but thank goodness you are okay. I know that it will be a great joy to see her again, and thank you so much for telling me the story.

SANTAELLA: Thank you.

BURNETT: And next, victims families today, confronting the Parkland school shooter. One father who did not is Fred Guttenberg who lost his 14-year-old daughter Jaime in the massacre. We'll tell you why.

(COMMERCIAL BREAK)

BURNETT: And finally tonight, last word. The families of parkland school shooting victims speaking directly to the gunman during his formal sentencing hearing. A jury last month recommended a life sentence without parole. If not, the death penalty, in a decision that outrage families. Their heart wrenching words, punctuating their anger.

(BEGIN VIDEO CLIP)

MEGHAN PETTY, SISTER OF PARKLAND SHOOTING VICTIM ALAINA PETTY: He gets a daily meals, a roof over his head, and a bed to sleep and now. My sister's body is food for carry on. A roof is six feet of dirt, and her bed is a coffin.

(END VIDEO CLIP) BURNETT: One parent who decided against speaking out today was Fred Guttenberg. He lost his 14-year-old daughter, Jamie, in the massacre. He gave a victim impact statement during the trial. When I spoke to him just weeks ago, he said the conclusion of the trial was a turning point for him.

And today, he explained why. He writes in part, quote, I have decided that it simply won't change the reality of the way I feel, won't make me feel better, the reality is that I still visit Jamie at the cemetery and the monster's fate will not change.

Thank you so much for joining us tonight.

"AC360" begins now.