Return to Transcripts main page

Erin Burnett Outfront

Stormy Daniels Testifies In Detail About Alleged Trump Affair; Judge Cannon Indefinitely Postpones Trump Classified Docs Trial; Israel: Military Operation In Rafah Will "Expand As Necessary"; RFK Jr. Officially On The Ballot In Delaware, 4 Other States. Aired 7-8p ET

Aired May 07, 2024 - 19:00   ET

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

[19:00:37]

ERIN BURNETT, CNN HOST: OUTFRONT next:

Breaking news, Stormy Daniels stares down Trump, the most exclusive day of testimony yet. I was in the courtroom today and the vivid and graphic details that Stormy Daniels shared about the alleged sexual encounter were excruciating. How did the jury respond?

Also breaking tonight, the judge in Trump's classified documents case postponing that trial indefinitely. Former Trump White House attorney Ty Cobb has a lot to say about Judge Aileen Cannon, and he's OUTFRONT tonight.

And I'm going to head to Wisconsin for an exclusive interview with President Biden.

What do voters in this crucial battleground state think? A special report.

Let's go OUTFRONT.

And good evening. I'm Erin Burnett.

OUTFRONT tonight, the breaking news, the explosive day in Trump's criminal courtroom.

I sat behind Trump today in that courtroom as Stormy Daniels took the stand. Now, Daniels, of course, is the adult film star at the center of this case. Her testimony was riveting and at times deeply uncomfortable for everyone in the room. During all of it, Trump was 15 feet away from Stormy Daniels as she was asked for explicit and excruciating detail about her alleged sexual encounter with Trump in a Lake Tahoe Hotel room.

She described coming get out of his hotel room bathroom to find Trump on the bed and boxer shorts and a t-shirt. And then she was asked more and she gave all the details. And she said, I had my clothes and my shoes off. I removed my bra. We were in the missionary position. And this is the non-graphic part.

And Trump was clearly angry, scowling, and impatient, tapping his attorney on the arm repeatedly, prompting her to object. Now, the judge was also uncomfortable, even himself objecting at one point and then when the jury was not in the room after lunch, Judge Merchan actually admonished to Trump's team, by saying he did not understand why they failed to object more.

But Judge Merchan made it clear that Trumps move for a mistrial after Trumps attorney said Daniels' testimony would, quote, inflame the jury, was not appropriate at this time. As for the jury, they were listening intently, their emotions not visible, but a lot of note- taking and people in various angles of the room were describing furious note-taking, just incredible intensity from the jury today.

And the pace of the questioning was very fast. Then when the cross- examination began, ill tell you, wow, in the room that was at tense and angry tone, the defense attorney, who was female kept saying things to Daniels in this tone, you made up the story, you hate him. Trump's attorney pointed to this tweet from 2022 that Daniels had posted, quote, I'll never give that orange turd a dime.

Now, Daniel said, okay, sure, I must have said that and I did it in retaliation for what he said to me, referring to Trump calling her a horse face and a sleaze bag, which already had been adjudicated.

Now, Trump's attorney then shouted back, that's you making fun, you despise him and you call them names all the time.

Daniels responded: Yes, because he made fun of me first. Defense attorney replies: So one of you started it, but you both continue it.

I mean, this was the sort of tone in the room, right? The pettiness, the smallness, but yet the heart of it, and this cross-examination a sign of what's to come on Thursday, Stormy Daniels back on the stand. Cross will continue, redirect, re-cross for this crucial witness.

Paula Reid is OUTFRONT live outside the New York courthouse to begin our coverage.

And, Paula, this was by far the most compelling and dramatic day of testimony so far.

PAULA REID, CNN CHIEF LEGAL AFFAIRS CORRESPONDENT: Yeah. Erin, this is the most engaged we have seen the defendant throughout this case, but just a moment ago, we received the transcript from today that revealed a previously unknown exchange between the judge and the defense attorneys were the judge told defense attorneys that he would not tolerate Trumps behavior during Daniels' testimony, he accused Trump of audibly cursing and shaking his head.

Now, Erin, this is significant because this is not something that we have seen so far in the criminal case, though it was the kind of behavior that Trump displayed in his civil litigation. But Judge Merchan making it clear today, this is not something you will tolerate in his courtroom.

(BEGIN VIDEOTAPE)

DONALD TRUMP, FORMER U.S. PRESIDENT & 2024 PRESIDENTIAL CANDIDATE: It's a very, very unfair trial.

REID (voice-over): Donald Trump coming face-to-face with Stormy Daniels in court today as she took the stand to tell the jury about her alleged sexual encounter with the then-businessman. Prosecutors ask Daniels to identify Trump in the courtroom. She pointed towards him saying, "In the navy blue jacket", with Trump having no visible reaction.

After walking through how she got into the adult film industry, the prosecution quickly turned to Daniels' first introduction to Trump at a 2006 golf tournament in Lake Tahoe. That meeting turned into a dinner invitation. She initially declined, but her publicist got her to reconsider. What could possibly go wrong were his words to me, Daniels recounted with a giggle. If nothing else, you'd get a great story.

She described Trump's hotel suite in detail, saying that when she arrived, he was wearing satin pajamas. Does Mr. Hefner know you stole his pajamas? She teased him, asking him to change and the obliged.

[19:05:35]

Daniel said Trump asked her about the business aspects of her adult film directing and her possibly appearing on "The Apprentice". And she briefly asked Trump about his wife, Melania, who had recently given birth to their son Barron, recalling Trump said, we don't sleep in the same room, the statement causing trauma to shake his head and murmur to his attorneys.

When she later returned from a trip to the bathroom, Daniels testified that Trump was waiting for her on the bed, wearing only boxers. I felt like the room spun in slow motion, Daniels said. I thought, oh, my god, what did I misread to get here?

She testified that the two had sex. Although Trump did not initially asked her to keep the encounter quiet, she said, I told very few people that we actually had sex because I felt ashamed that I didn't stop it.

It was after Trump began running for president --

TRUMP: And when you're a star, they let you do it. You can do anything, and the infamous "Access Hollywood" tape came out that her then publicist said she should sell the story. My motivation wasn't money. It was to get the story out, she testified.

But when she found out Trump and Michael Cohen, were interested in buying the story for $130,000. She told the court it was the best thing that could have happened because then I'd be safe. And the story wouldn't come out.

Then in a searing cross-examination, Trump's attorney, Susan Necheles pushed Daniels. Am I correct that you hate President Trump? Yes. Daniels replied.

"You want him to go to jail?" Necheles asked. I want him to be held accountable, Daniel said. If he's found guilty, yes.

Daniels' casual and relaxed demeanor changed as the defenses questions became more pointed, attacking her credibility and trying to establish Daniels has always just been trying to make a profit.

You've been making money by claiming to have had sex with President Trump for more than a decade, Necheles asked. That story has made you a lot of money, right? Daniels responded: It's also cost me a lot of money.

(END VIDEOTAPE)

REID (on camera): Court is not in session tomorrow, but Daniel speak back on the stand Thursday to continue that cross-examination.

But, Erin, we'll all be watching for the next 72 hours, if Trump can continue to abide by the gag order that prohibits them from attacking witnesses, in this case.

Daniels clearly got under his skin today, but the judge has threatened him with possible jail time if he violates the order again.

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

And, Joey Jackson, all -- everyone's here. Joey, let me just start with you. So, the great detail, the satin pajamas. See? I mean, they wanted that because that gives you an image. You're looking at a guy who actually wore yellow tie today, first day he didn't wear a red one I think.

JEREMY HERB, CNN POLITICS REPORTER: One other time.

BURNETT: One other time. Okay. So say we need to have our -- are in every day.

But, you know, they also showed the prosecution that Stormy Daniels has in her cellphone, Rhona Graff, his longtime assistant cell phone, and, you know, those of us who interacted with Trump many, many -- over the years know that that's a crucial number, and Keith Schiller, who she had entered as Keith Trump.

Keith is an interesting one because that one, you know, you would get if you had a certain level of contact because Keith is his personal body man and with him at all times.

So the kind of interactions that she is alleging they had with Keith Schiller would be a name that you might have in your cell phone.

JOEY JACKSON, CNN LEGAL ANALYST: Yes. So wow, wow, wow, wow.

BURNETT: I'm sorry, I didn't mean to start you on satin pajamas, but --

JACKSON: So, she is the elephant in the room, right? So you want to be descriptive because the devils in the details, right? Anyone can make an allegation as to an affair, but you -- I mean, you can argue as to whether they went too far with regard to pulling out the details of what occurred and missionary, et cetera. But the reality is, is that the more detailed you are, the harder it is to dispute the fact that something happened of the variety that she described.

Now you can in cross-examination tattoo her. All you want with regard to credibility, with regard to hate? With regard to putting out tweets against him, which saying you don't want to pay the judgment against them, right? You don't have any intent and you called him this and you call a turd and et cetera. But at the end of the day, were you wearing satin pajamas, where you in boxers, was your hotel room three times the size of my home. All of these things go to the notion that this affair is true.

[19:10:00]

Now, the defense in an attacking that remember the essence of it were not talking about it, right, in a fair hair at the end of day.

BURNETT: Right, and then day whether it happened or didn't actually is not relevant.

JACKSON: That's not relevant. But understand, Erin, the boss that is Mr. Trump has to go after that because he's denied, denied, denied, and that savages his credibility.

So the attorneys have to attack are on whether the affair actually happened, riveting testimony.

BURNETT: So you mentioned -- it was riveting. And when you mentioned that hate, so, Stacy, let me ask you about that. Trump's lawyer, Susan Necheles, as we saw her there, she said, am I correct that you hate President Trump? Stormy Daniels replies, yes.

Now, I was sitting in the room at that time. I was thinking, what else is she going to say. I mean, it was a genuine moment. The question is, does that hurt her or not with the jury?

STACY SCHNEIDER, CRIMINAL DEFENSE ATTORNEY: Well, you know, I look at it as how refreshing to see an honest witness. I think it -- why would she like Donald Trump at this point? She got on the stand. She said some things, actually the got her in a bit of trouble. She wasn't supposed to go as far, but she said she was threatened in 2011 in a parking lot in Las Vegas. She thought that was Trump related with her story. She -- what -- it didn't come out in the courtroom because it wasn't allowed is she said publicly that she's been death-threated by Trumps supporters, you know, ever since her story when public.

So what reason in the world would she have to like Donald Trump at this point in time? So I think it really helped her credibility.

You know, the defense. But the defense is trying to say, you have a motive to testify against him and you're making it up and you're a liar because you hate him and you want to see him jailed. But it's really the opposite. Why -- why wouldn't she hate him?

BURNETT: Right. I mean, what else -- does how are you supposed to answer that question?

All right. So, Jeremy, you know, I was -- when I came in at my sit everyday, as you know, in the courtroom the seats shift and I was really right behind Trump. So, it was interesting watching him, and the lawyers.

You were able to see the front of his face from where from where you are sitting in court. You know, what was the moment that stood out to you the most?

HERB: I mean, I think this is the first time we really got Trump reacting to the testimony. I was watching him, particularly when Stormy Daniels started talking about the anecdote that she spanked him with his magazine and that he visibly, he mouths something look like an expletive.

And sure enough, the judge, we learned from the transcript that we just got admonished Trump's attorney. He admonished Trump through his attorney, telling him that he's not -- he should not be doing that. And that he was audibly saying -- you know, mouthing expletives in the courtroom.

So, this -- it clearly got to him. You know, he had a scowl on his face for much of the testimony during the direct, but he was also really engaged with his attorneys. He, at several points, he would kind of motion over and hit Susan Necheles on the arm. Then she objected when he would do that he was passing notes. Yeah. And he was really --

BURNETT: And a lot of those were sustained. I want to ask Stephanie something very specific here, but that was sort of I thought an incredible admonishment, obviously, not a lawyer, but when the judge said, I had to object for you.

JACKSON: Yes.

BURNETT: Why -- where were you guys?

JACKSON: Without questions. So understand this, Erin, what happens is there sometimes a judge will say, sustained, sustained, and the lawyer says nothing about it because at the end of the day, you don't want things to come out that is so prejudicial, right, that meaning so harmful to the defendant that you lose control. And now that --

(CROSSTALK)

BURNETT: And that's what they're saying. They said that it was so prejudicial what she said.

JACKSON: Exactly.

SCHNEIDER: And, you know, Erin, there's something so strange about today. The Trump defense team really was not on the ball because they had this pretrial ruling or decision from the judge that Stormy Daniels they knew was going to talk about being in the hotel room with Trump and having her testimony as they had sex. But the judge was like, that's as far as it goes. I don't want all the

details and then Stormy Daniels inserted all those details into the case and that would have been the perfect time for the defense team to jump up and say, judge, you know we decided this beforehand. What do you -- what's going on here?

BURENTT: And they didn't.

And all those details in there, Stephanie, obviously so crucial to Trump's response. So then Stormy Daniels also testified that she and Trump talked to me about Melania Trump.

So Daniel says and I quote here, Stephanie, from the room. I actually said Melania is very beautiful. What about your wife? He said, oh, don't worry about that. We are actually don't even sleep in the same room.

Trump had his eyes closed when Daniels testified to this, what did you make of it?

STEPHANIE GRISHAM, FORMER TRUMP WHITE HOUSE PRESS SECRETARY: Well, I made -- I mean, there were so many details that she spoke about today that were true from things I've seen myself, like you said, Keith Schiller talking, I knew him very, very well in the beginning and that's exactly the role he did play they do actually sleep in two separate bedrooms. And so I think the fact that he felt cornered with all of these true statements is why he was so aggressive. In my experience with Donald Trump it's when he knows he's caught or he feels cornered that he becomes extremely agitated and then expects everybody to come out fighting even harder for him.

It's really interesting, same with his grooming products. That's true. So she had a lot of details that were true that only a very small group of people would know.

BURNETT: Right, or someone who had been in a very intimate situation with someone would know.

[19:15:00]

I mean, so, Stephanie, you know, when you hear now that were just finding out, but the judge at admonish Trump for swearing and grimacing, which we have not yet seen in this case, we had seen more in the E. Jean Carroll case -- what does that signal to you?

GRISHAM: Well, again, you know, he felt cornered. He was angry. He clearly felt in the first half of the day that his team wasn't fighting for him.

It brought back memories of when he'd get agitated at me and say you're not fighting for me hard enough. You're not saying things on TV that are strong enough. Or he would do that to his legal team with the both of the impeachments when we were in the White House, he would yell at them, you're not fighting for me.

So I think that after the lunch break, he clearly let them know what he wanted and she his lawyer was very aggressive with Stephanie Clifford towards the end. So I have a feeling he felt better about it. The fact that he walked out and didn't really bring her up and actually tried to talk some campaign issues makes me think these people are telling you were winning now, sir, this was a great day for us.

BURNETT: Yeah. I mean, certainly, Jeremie, watching Stormy Daniels, obviously, the demeanor change between the direct and the cross- examination. But the lawyer doing the cross-examination, the strategy was very clear. They wanted to belittle her and they tried very hard. You I could see her face and you its interesting, obviously, she's blocked a little bit from seeing Trump, but watching her face respond and she sort of seemed to be giving them bring it attitude, like when she was baited, she was she was angry.

What did you see up close?

HERB: Yeah. I mean, it really was started just night and day comparing how she testified in the morning before the prosecution when they were asking the questions about what happened, she was almost like she was gossiping. She was talking very quickly. The judge had to tell her multiple times you have to slow down for the court reporter.

She seemed relaxed and comfortable and would make gestures. At one point when she was describing Trump on the bed, she literally lifted her legs step in the witness box in her arm. Obviously, then you come to the afternoon --

BURNETT: There is a confident, comfortable witness, shall we say.

HERB: Yes, it was extremely different. She was sitting up. She was very tense. She was giving one very short responses, but I think it was defiant. She was telling Susan Necheles, you're wrong when you're accusing me of this, that and the other and I think were going to see that again on Thursday.

BURNETT: All right. And so Thursday, so there's a day between now and then and they could have finished today if they just gone a little longer, but they didn't. They left a little early. So you've got to finish the cross, then you got to redirect, you got and you got time to think.

JACKSON: Oh, without question and remember what the complaints were early on because we all know that you're not getting the release of the witnesses prior because they don't trust Trump to do the right thing, right? And so the defense was saying, we don't even want Stormy called. So, I think that right today, we want her delayed. We didn't have adequate sufficient notice. Trump complaining about his attorneys on having time to prepare, him posting and then taking it down, right.

But at the end of the day, what will they do? They will take this time to assess what they didn't cover and then they'll come back and they go at her. And it's all about cross examination, it's credibility, and that's why you see the tonal shift. And it is right, Jeremy, on direct examination. Its very conversational, but cross-examination, it's credibility. You did what? Yeah. BURNETT: And, Stephanie, before we go, you know, what is Trump doing right now? I mean, in terms of micro-managing his lawyers because the cross is still going on, right? His attorney is going to be the one who starts off next.

GRISHAM: Yeah. So I guarantee you, he's going to be monitoring all the news coverage and getting perspectives from various people. And he's going to be calling his attorneys non-stop until probably or it starts up again on Thursday, telling them, we need to do this. We need to go after her this.

I mean, that is how involved he will be. He did it to pretty much everyone in the White House for various reasons. So I feel bad for them when that peripheral or for that reason.

BURNETT: All right. Thank you all very much.

And next breaking news, Trump's classified documents trial just -- we've just found out -- has been postponed indefinitely. And that ruling coming, of course, from Judge Aileen Cannon, appointed by Trump.

Plus, a dangerous situation unfolding in southern Gaza. Israeli forces now control the Raffa crossing. That leaves more than a million people who have sought refuge in Raffa without aid and without fuel. We'll take you to the ground.

And Biden and Trump now laser-focused on one state, a state that's up for grabs.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What I want is something to vote for and not vote against.

UNIDENTIFIED FEMALE: Yeah.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

[19:23:09]

BURNETT: Breaking news, the judge in Trump's classified documents case has indefinitely postponed Trump's trial. Judge Aileen Cannon, who was appointed by Trump himself and has issued a number of controversial rulings in his favor, saying it would be called imprudent and quote, inconsistent, to set a trial date now. The case was supposed to go to trial this month. The decision all but guarantees that that is now not going to happen for the election.

OUTFRONT now, former Trump White House attorney Ty Cobb.

Ty, you've been clear with your feelings of how Judge Cannon has handled this case, but this is -- this is direct. This isn't just she's -- you know, by -- by having an unrealistic trial date on the calendar. We know she's not really putting one on. This is direct like it's over. It's not happening.

What's your reaction to it?

TY COBB, FORMER TRUMP WHITE HOUSE LAWYER: Well, I think you're absolutely right, Erin. This is direct. This is clear. All she's really done today though is make official what everybody including Jack Smith already knew, which was she had no intention of getting this case to trial, and she wasn't competent to get this case to trial.

She talks about her duty to fully and fairly consider the pending motions. She's had months to do that, and get very little. She's had -- she's ruled on only three of the 12 motions to dismiss, all of which could have been easily resolved by now.

She ignored Jacks Smith's set forth -- Jack Smith set forth a detailed hearing and pleading schedule for the CIPA issues, the classified intelligence materials, procedures act materials which she wholly ignored and did not act on until today when she scheduled two of the necessary hearings on that for the first time.

So, you know, this is something that I think it was always her objective, frankly, to prevent this from going to trial.

[19:25:02]

But also I think her -- her inability -- wholesale inability to do it was made palpable.

BURNETT: So, Ty, is this bias or is it just uttering competence?

COBB: Well, I think I once said that it's -- to be fair to her, she may merely being competent, but no, this is a combination of bias and incompetence. I mean, for example, she's scheduled a hearing on today in this order on the issue of who constitutes Trump's trial to -- not Trump's -- with the Justice Department's trial team here, the special counsel's trial team because of Trump's frivolous allegations that it includes a sweeping number of government officials.

Now, that's -- that's a frivolous motion. No other judge would actually have a hearing on that. But she is scheduled one.

The things that she has done here are really inexplicable and it's tragic. She talks about the pub -- having honored the public's interest in the administration of justice by postponing the trial. No, she has not honored the public's interests for one day in this case, as she has sat in her office apparently paralyzed from a ruling on easily resolvable motions.

And sadly, this case will not go to trial, notwithstanding the fact that's one of the most important cases in history and could have easily been tried in advance of the election.

BURNETT: Yes, certainly. I mean, the fact pattern on that one very clear, right? This is not like something like January 6 where there are a lot of precedent and other issues to consider. Does Jack Smith have any recourse on this? Or is this just, you know,

case closed?

COBB: So I don't believe he does. Scheduling is an area traditionally where judges have wide latitude. I don't think he would have the ability to get her removed on this or overruled on this.

I do think she is not capable of ruling intelligently are fairly on most of the motions that will be pending, and certainly the classified information issues. And I think at some point, she will be removed and advanced trial, but keep in mind, this case now can't go to trial until mid to late 2025, and it won't go to trial if Trump is elected.

BURNETT: So does this have any impact on Smith and the January 6 case?

COBB: No, but I think even there, you know, if the court rules is suspected in late June or early July, the Supreme Court that will have been six months from the time that it first left the district court. And if you just add those six months onto -- onto that date, that takes us well beyond the election. I don't think either of those cases has a chance to go.

I think the only case were going to have tried to conclusion if it gets there is this New York case.

BURNETT: All right. Ty, thank you very much. I appreciate it.

COBB: Thanks, Erin. Good to be with you.

BURNETT: All right. You, too.

And next, Israel warning its military operation in southern Gaza where more than a million people are trapped will expand as necessary. So what does this mean for the ceasefire that Hamas agreed to?

Plus, I'll talk to the sketch artist to capture this moment from Trump's trial today, shows Daniels looking toward the jury and there was a very specific reason this moment is so important and she'll tell you why.

(COMMERCIAL BREAK)

[19:32:46]

BURNETT: Tonight, Israel showing no signs of backing down, saying its military operation in Rafah will continue and even expand until Hamas is eliminated or more hostages are returned home. At one point, the State Department announcing that the bombardment of Rafah look like a, quote, prelude to a major military operation, one that Israel has been telegraphing for weeks.

And we're clarifying that the United States is they don't know if that is what's happening right now.

Biden, of course, is called an incursion into Raffa a, quote, red line. Jeremy Diamond is OUTFRONT.

(BEGIN VIDEOTAPE)

JEREMY DIAMOND, CNN CORRESPONDENT (voice-over): Israeli tanks rolling into refer for the first time early this morning, crushing the last remaining signs of Palestinian control over Gaza's lifeline to the outside world.

The Rafah border crossing with Egypt now firmly under Israel really control. For now, that means nothing in or out at this critical crossing point for humanitarian aid, fuel, and medical evacuations.

As plumes of smoke rise over the area, the Israeli prime minister touting the operation as a play to bolster Israeli leverage in cease- fire talks with Hamas, which put a new proposal on the table hours before Israeli tanks rolled into Rafah.

BENJAMIN NETANYAHU, ISRAELI PRIME MINISTER (through translator): Military pressure on Hamas is a necessary condition for the return of our hostages. The Hamas proposal yesterday was intended to torpedo the entry of our forces into Rafah. It did not happen.

DIAMOND: Israeli air and artillery strikes began pummeling eastern Rafah late Monday night. Hospital officials say 23 people, including six children, were killed in the overnight assaults.

Others were left shaken by what they saw.

UNIDENTIFIED MALE (through translator): I'm 69 years old and I haven't seen in my life shelling and bombing like this. I have witnessed many wars in my life and I have haven't seen a war like this one.

DIAMOND: Things could soon get worse. Israeli officials are threatening to expand military operations deeper into Rafah, where more than a million Palestinians currently live.

[19:35:00]

ANTONIO GUTERRES, U.N. SECRETARY GENERAL: A full-scale assault on Rafah would be a human catastrophe. Countless, more civilian casualties, countless more families forced to flee.

DIAMOND: Thousands are already fleeing what was once the last refuge in Gaza for this coastal area the Israeli military calls a humanitarian zone, setting up makeshift shelters with tarp sheets and thin planks of wood.

This woman has just arrived with her grandchildren after a sleepless night in Rafah, displaced once again.

UNIDENTIFIED FEMALE (through translator): We saw death with our own eyes, airstrikes force us to leave. We roomed in the streets like nomads.

DIAMOND: Humanitarian aid officials warn this area, isn't equipped to handle the basic needs of hundreds of thousands of people who could soon be forced to leave Rafah.

After seven months of war, ceasefire negotiations offer the only hope of a way out.

(END VIDEOTAPE)

DIAMOND (on camera): And, Erin, those ceasefire negotiations are continuing this week in Cairo as Israel and Hamas try and bridge the gap between these two framework proposals, which they have agreed to. Hamas is still pushing for an end to the war. They are also saying that they intend to offer up the bodies of hostages to round out the number of 33 hostages released during that first phase of the agreements, Israeli sources telling me that those are both nonstarters for the Israeli government. So, a lot more work clearly needs to be done in the days ahead -- Erin.

BURNETT: Jeremy, thank you very much for that important reporting.

OUTFRONT now, Democratic Congressman Jared Moskowitz of Florida, a member of the Foreign Affairs Committee.

And, Congressman, I appreciate your time. As we understand it right now and what's on the ground. Prime Minister Benjamin Netanyahu is moving ahead in Rafah. Obviously, despite President Biden consistently -- consistently expressing deep concern about the catastrophic effect that this could have on civilians. You know, million of them we're told to go there and to seek refuge.

And here's what some of them are saying now.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE (through translator): The situation is very difficult. The street we were on was targeted with an airstrike, hitting the entire residential block.

ALAA ABU RAMADAN, CIVILIAN FLEEING EASTERN RAFAH (through translator): We don't know what to do. We are going into the unknown.

ODEH ASAILYEH, CIVILIAN FLEEING EASTERN RAFAH (through translator): I don't know where to go. I don't know where to head to. I prefer to die. Death is more dignified than this.

(END VIDEO CLIP)

BURNETT: Congressman, what do you say to the incredible suffering that is happening right now amongst the civilian population in Gaza as this rough operation begins?

REP. JARED MOSKOWITZ (D-FL): Thanks, Erin. Thanks for having me.

Well, look, it's obviously heartbreaking. It's gut wrenching. It's why myself and a majority of my colleagues are praying for a ceasefire. We've been hoping that we would get to a ceasefire.

You know, obviously, not the lie that a propaganda ceasefire that Hamas put out yesterday, that many in the world's media took as factual, meant as propaganda by Hamas, but a real ceasefire that leads to the release of hostages.

We've obviously, unfortunately reached the point where those ceasefire negotiations have failed, mainly because it's not clear how many hostages, unfortunately, may still be alive. Hamas now changing their position to releasing bodies.

And so, look, I've listened to the president, I agree with the president on this. We want to make sure obviously that anything that happens in Rafah is limited, but that we're making sure that humanitarian aid is getting in through those corridors that were limiting civilian life as much as possible.

But Hamas can end this right now today, right? This second is were talking by agreeing to the ceasefire proposals that's been on the table for the release of hostages or what they need to do is come out and admit how many people are still alive so that we know what were dealing with.

BURNETT: Yeah. Congressman, why would they agree to a ceasefire at this point though, when all the ceasefire is a pause before Netanyahu goes in and continues to kill people? I mean, it's almost as if, you know, they're asking for a permanent end to this. And that seems to be off the table for Israel.

Should it be -- should it be off the table?

MOSKOWITZ: Well, by the way, Erin, I agree with you. Why would Hamas agreed to a ceasefire? There's almost no pressure on Hamas. The pressure is only on Israel.

I mean, there's just absolutely no pressure on Hamas. Every day, Hamas looks at social media. They look at the television and they don't see anyone condemning Hamas anymore or putting pressure on Hamas or saying Hamas, please, agree to a ceasefire. No, they only see people saying that to Israel.

So that's unfortunately why Israel is now re-upping the military pressure --

(CROSSTALK)

BURNETT: But the civilians are being killed right now are being killed because of the Israeli onslaught.

MOSKOWITZ: They're being killed because Hamas won't release the hostages, Erin, both things can be true, right?

BURNETT: Right.

MOSKOWITZ: Like we can say -- we can say the war is continuing because Hamas won't release the hostages and the war is continuing because Israel decided to go into Rafah, right?

[19:40:08] Both things can be true simultaneously.

BURNETT: I understand.

I want to ask you about -- you know, you brought up President Biden, you said you agree with him. He gave an important speech at the U.S. Holocaust Memorial Museum today, calling on Americans to fight what he called a ferocious surge of antisemitism. He directly connected the Holocaust to the horrific attack on October 7th.

And here's part of what he said.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: The Jewish community, I want you to know, I see your fear, your hurt, and your pain. Let me reassure you, as your president, you're not alone. You belong. You always have and you always will.

(END VIDEO CLIP)

BURNETT: You were there, Congressman, for the president's speech. I know you've been one of the most outspoken members of Congress on the rise of antisemitism in the United States and around the world. So did you feel that today's message, what the president said met the moment?

MOSKOWITZ: Well, the president was powerful. He was strong, he was unequivocal and it was moving.

And listen, President Biden has been fighting antisemitism his entire career in the Senate as vice president and as president before October 7, he started the antisemitism task-force under his administration. He had the ambassador to combat antisemitism. These are things he did before October 7.

But, obviously, the president's words are needed. They are warranted because the Jewish community is turning on the television every day and they're seeing the antisemitism all over their screens on college campuses.

And if you listened to the stories of the Holocaust survivors today, the stories they told are similar to the things we're seeing today. You know, the Holocaust didn't happen, start with -- start with the gas chambers. It started with words.

And so, we really appreciate the president always providing moral clarity as he always does.

BURNETT: Congressman Moskowitz, I very much appreciate your time. Thank you.

MOSKOWITZ: Thank you.

BURNETT: And a special programming note. I will be sitting down with President Biden for an exclusive interview tomorrow in Wisconsin, and then interview layer tomorrow night, right here on OUTFRONT at 7:00 Eastern Time.

OUTFRONT next, I'm going to speak to the sketch artist who was also a in the room as prosecutors were questioning Stormy Daniels. What she says was the most interesting moment of the entire trial so far.

And RFK Jr. getting a boost tonight and his battle to get on every single state ballot.

(COMMERCIAL BREAK)

[19:46:56]

BURNETT: Tonight, Stormy Daniels is defiant, fighting back and raising her voice as Trump's lawyer tried to question her motives and raised her voice, questioning her motives for coming forward with allegations of an affair with Donald Trump.

Trump's lawyer asking, quote, you've been making money by claiming to have had sex with President Trump for more than a decade. Daniels responded, snapped back, I've been making money by telling my story about what happened to me.

Later, Trump's attorney accuses Daniels of lying about someone threatening her in a parking garage in 2011. It's a crucial incident in the whole narrative here. And she says -- the lawyer to Stormy Daniels: This man never existed, did he?

Daniels fires back and this was immediate: He absolutely existed. None of it's made up.

And OUTFRONT now is Elizabeth Williams, sketch artist in the court many days and of course, for the explosive testimony today.

Elizabeth, I tried to read it, you know, all being in the room, with sort of the intensity that it was. I mean, it was adversarial. It was aggressive. It was back-and-forth. It was -- it was nasty.

And so, let's start with one of your key sketches today. Stormy Daniels is acting out on the stand --

ELIZABETH WILLIAMS, SKETCH ARTIST: Oh, yes.

BURNETT: Okay. Tell me what she's doing here.

WILLIAMS: This was when she described how she found Donald Trump after she used the restroom in his penthouse suite and she came out and he was -- this happened in like the middle of our testimony. She's, oh, yes, she came out and he was lying on the bed like this with his underwear on.

BURNETT: And she acts it out like she's -- the pose.

WILLIAMS: And she's acted it out, then she'll -- she's gesticulating, she's moving.

So you're constantly moving and gesticulating, trying to draw all this going on. But when she acted that out, I -- it was like, wow, okay. Now we have to get that.

BURNETT: And she held the position long enough for you to get -- get the actual drawing.

WILLIAMS: And she was lying like this on the bed, in his underwear, and I just came out of that. And this is what I saw.

I mean, it was so visual was like oh, my God, like --

BURNETT: The image, right? It gave the jurors the image. Of course, he's sitting right there.

WILLIAMS: Yes.

BURNETT: So you can see Trump watching Daniels on the stand in one of your images.

WILLIAMS: Well -- yes. Later when they started talking about the contracts and the money stuff here, you then turns towards her and now he's eyeing her, looking at her, trying really studying her as opposed to when she was talking about sexual encounter.

He definitely turned away. I had the back of his head and so that's why --

BURNETT: Looked the other way.

WILLIAMS: Yeah, that's why I felt was focusing on her. I'm sorry.

BURNETT: Oh, no, I was saying when the jury -- we know that they have been obviously incredibly engaged in great minutiae all the way through.

WILLIAMS: Yes.

BURNETT: Today though, today was riveting.

WILLIAMS: Oh, yeah.

BURNETT: And you notice -- you notice that they're full engagement, I mean, in terms of note-taking, which some days, they're all listening, but there's a lot of note-taking is different today.

WILLIAMS: There was a lot of note-taking taken today, done today. I noticed I had the view of the line of them like chorus line, and they were all on their notepads. They are given pads and almost every single one of them was writing at the same time, and she's now focused towards them.

[19:50:09]

So they're -- she's looking at them. She can't see that they're right writing but she -- that I see they're all writing all these notes independently all at the same time while she's testifying.

BURNETT: Which is fascinating. WILLIAMS: Yeah, both. And -- I'm sorry.

BURNETT: No, no, no, no the judge, one of your sketches is actually have Judge Juan Merchan.

WILLIAMS: Yeah.

BURNETT: Now he was interesting. You know, he was he was frustrated at one moment for and made it clear to the defense, you guys should have raised objections. I do object for you, but this being said, there was way more information here than we needed to hear from, and you saw that frustration.

WILLIAMS: There were a lot of offhand comments. There were a lot of remarks that didn't need to be made. Judges like you to listen to a question and answer question, not make other kind of comments, offhand comments, things like that. And it's very hard to contain a witness like that.

Eventually, they took her in the back and they the -- her attorney and the prosecutor talked to her, tried to get her to contain herself somewhat, and she was better after that, but she's still -- clearly, I think very nice service and moving around a lot, and very different from the time that I drew her in the Avenatti trial, where she had a very different demeanor. This one, she's -- she's visibly anxious.

That's how I view it. Energetic, moving around, all this stuff. So --

BURNETT: Yeah, very energetic and moving around, but interesting as you're contrasting her in the prior --

WILLIAMS: Yeah, yeah.

BURNETT: Elizabeth, thank you very much.

Elizabeth Williams, great to see you.

And next, RFK Jr. getting on more state ballots tonight. Should Trump or Biden be more nervous about yet another state where RFK is going to be a box you can check.

(COMMERCIAL BREAK)

[19:56:27]

BURNETT: Tonight, RFK Jr. adding his name to the ballot in another state Delaware. It is the fifth state where RFK is officially on the ballot. His team says he has enough signatures to appear and nine others. He told me he'll be on all 50.

It comes as Donald Trump and President Biden are laser-focused on the must win state of Wisconsin, a state that put them each over the top when they won. Biden will make his fourth visit to the state tomorrow, whereas I mentioned, I'll be sitting down for an exclusive interview with him.

Jeff Zeleny is there tonight OUTFRONT in Wisconsin.

(BEGIN VIDEOTAPE)

DAVE FLANNERY, OWNER, APPLE HOLLER: It's a mess, man.

JEFF ZELENY, CNN CHIEF NATIONAL AFFAIRS CORRESPONDENT (voice-over): Dave Flannery is talking about the state of American politics.

FLANNERY: It's a mess.

ZELENY: How does it get fixed?

FLANNERY: I wish I knew.

ZELENY: Flannery has a ringside seat to the noisy presidential race from his quiet orchard in battleground Wisconsin.

President Biden will be just miles away Wednesday when he returns to the state for his fourth visit this year.

FLANNERY: A lot of construction going on, several thousand jobs are -- that are going to be created over there during the construction process.

ZELENY: The president is touting his economic agenda. It's an open question whether any projects will ease anxieties of small business owners like Flannery.

So this is the top of it.

Who debated if he should add a new building on his Apple Holler Farms.

FLANNERY: Things are really uncertain, not knowing what's going to happen with interest rates and what's going to happen with the whole economy.

ZELENY: Wisconsin is an essential piece of Biden's reelection roadmap.

MAUREEN GLYNN, WISCONSIN VOTER: I hope that people will look to reason, integrity, character of our national leader, and vote appropriately.

ZELENY: In your view, which way is that?

GLYNN: Biden. He's old. So what?

ZELENY: Maureen Glynn and her husband Dennis, worry and wonder why the Biden-Trump rematch seems so bitterly tight.

GLYNN: I just think that people had forgotten how chaotic it was when Trump was president. I feel a lot better now that we've had almost four years of Biden. It's not great, but it's better.

ZELENY: Biden is visiting Racine, home to one of 46 Democratic offices across the state. A key piece of his coalition is Black voters. Some of whom don't see how they benefit from his economic plan. JAVONNA LUE, WISCONSIN COMMUNITY ORGANIZER: As I see the prices rise

with Biden, they think Trump made the economy better and Biden is making it worse.

ZELENY: JaVonna Lue and Kyle Johnson are community organizers. They say the president must address his challenge with young voters who question his foreign policy and more.

KYLE JOHNSON, WISCONSIN COMMUNITY ORGANIZER: What I wanted something to vote for and not vote against. You know, we hear a lot of what is, what is the other guy going to do? What is Trump going to do? What happens if he wins?

I understand that. I think a lot it us understand the stakes.

ZELENY: At the Cozy Nook Farm, Tom Oberhaus fondly recalls Trump's policies, but he's far from his biggest admirer.

TOM OBERHAUS, OWNER, COZY NOOK FARM: It's more Trump's mouth that we're not happy with.

ZELENY: Or Biden's biggest critic.

OBERHAUS: Once he was elected president, I was, yeah, he's our president supporting.

ZELENY: He believes the country deserves better.

OBERHAUS: I think we need a new constitutional amendment that says if you're 70 or older, you can't run for national office and you were like, I can't be on the local board but I could be president United States.

ZELENY: Back at the orchard, Flannery worries, neither side will cool the rising tensions.

FLANNERY: I consider myself an independent.

ZELENY: Is your vote up for grabs in November?

FLANNERY: If -- at this point in time, I would say no. But November is a long ways away.

(END VIDEOTAPE)

ZELENY (on camera): And you can see that hesitancy, there with Dave Flannery not wanting to say who he's voting for. Erin, and that is because of the divisiveness here. He says he's a small business owner. He wants to sell apples to Republicans and Democrats alike. The bottom line, there is no path three election for Biden to election for Donald Trump without Wisconsin. Both campaigns know that -- Erin.

BURNETT: All right. Jeff Zeleny, thank you very much. And we'll see you in Wisconsin tomorrow.

Please join us tomorrow night. We'll be live from Wisconsin with our exclusive interview with President Biden.

"AC360" starts now.