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Early Start with John Berman and Zoraida Sambolin

Attorney General Barr Refuses Second Day of Testimony; Biden: China Not a U.S. Competitor; Family Pays $6.5 Million to College Scandal Mastermind; Game of Thrones Gesture; Kentucky Derby Favorite Out of Race. Aired 5-5:30a ET

Aired May 02, 2019 - 05:00   ET

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


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REP. JERRY NADLER (D-NY): He is trying to blackmail the committee.

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[05:00:02] DAVE BRIGGS, CNN ANCHOR: Democrats could hold the attorney general in contempt. Bill Barr refusing to testify today, a day after some testy testimony on Capitol Hill.

CHRISTINE ROMANS, CNN ANCHOR: Joe Biden says China is not a competition for the United States. He's hearing from a lot of people who disagree.

BRIGGS: And why was $6.5 million paid by a Chinese family to the man behind the college admissions scandal?

ROMANS: And her dying wish was to watch the battle of Winterfell on "Game of Thrones." She got that, and so much more.

Good morning, everyone. Welcome to EARLY START. I'm Christine Romans.

BRIGGS: Good morning. Good morning, everyone. I'm Dave Briggs, Thursday, May 2nd, 2019. It's 5:00 a.m. in the East.

We'll tell you why searches for snitty were surging yesterday in just a bit because of this massive hearing on Capitol Hill. The hot seat, well, one day, there was apparently enough for the attorney general. William Barr informing a House panel he will not testify today as scheduled.

Barr's move raises the prospect Democrats will hold the nation's top law enforcement official in contempt of Congress. He had been scheduled to testify to the House Judiciary Committee about his handling of the Mueller report, but Barr rejected the committee's plan to have one of the staff lawyers question him alongside lawmakers.

That angered committee chairman Jerry Nadler.

(BEGIN VIDEO CLIP) NADLER: He's trying to blackmail the committee into not following what we think the is most effective means of eliciting the information we need, and the Congress cannot permit the executive branch -- we cannot permit the administration to dictate to Congress how we operate.

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ROMANS: Nadler says the panel will meet today as planned and Nadler says he'll give Barr a day or two to comply with his subpoena for the full unredacted Mueller report, information that was due Wednesday morning. Chairman Nadler says the committee is looking at May 15th as a possible date for special counsel Robert Mueller to testify.

BRIGGS: Now, as to the testimony Barr did give before the Senate Judiciary Committee, the attorney general made no apology for his handling of the Mueller report. This just a day after it was revealed Mueller told Barr he did not think Barr's four-page summary properly characterized the full context of the report.

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WILLIAM BARR, ATTORNEY GENERAL: The letter is a bit snitty and I think it was probably written by one of his staff. His work concluded when he sent his report to the attorney general. At that point, it was my baby, and it was my decision how and when to make it public, not Bob Mueller's.

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ROMANS: Speaking of "snitty", that line got Merriam-Webster's attention. Its definition, to be disagreeably ill tempered. Got it?

As to Barr, he tried to recast some of Mueller's findings, including that President Trump told then-White House counsel Don McGahn to get rid of Mueller.

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BARR: The president never directed him to fire and there is a distinction between saying "go fire him, go fire Mueller," and saying, "have him removed based on conflict." There's the difference between them is if you remove someone for a conflict of interest, then there would be another -- presumably another person appointed.

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BRIGGS: Not just snitty but splitting hairs is surging yesterday.

And Barr did note that in May 2017, before the McGahn incident, the Justice Department made clear Mueller had no ethical conflicts. Republicans on the panel kept a sharp focus where the president would want it on the origin of the Mueller probe and its connection to the Clinton campaign.

(BEGIN VIDEO CLIP) SEN. JOHN CORNYN (R-TX): We have heard a lot about the Steele dossier. Mr. Steele, of course, is a former intelligence officer hired by -- to do opposition research by the Hillary Clinton campaign.

SEN. CHUCK GRASSLEY (R-IA): The investigation of Hillary Clinton.

CORNYN: Secretary Hillary Clinton.

SEN. MIKE LEE (R-UT): Involving Hillary Clinton, against Hillary Clinton.

SEN. LINDSEY GRAHAM (R-SC): Strzok, Strzok, Strzok, the Clinton e- mail situation.

GRASSLEY: The Steele dossier was central to the now debunked collusion narrative.

GRAHAM: Do you share my concerns about the counter intelligence investigation, how it was opened and why it was opened?

BARR: Yes.

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BRIGGS: That last part actually puts Barr at odds with the FBI and the Mueller report, both say the probe actually began after a series of events that began with the release of hacked DNC e-mails. The focus on Hillary Clinton led to this surprising exchange.

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GRAHAM: Did you have a problem with the way Comey handled the Clinton e-mail investigation?

BARR: Yes, I said so at the time.

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ROMANS: The problem with that claim is that actually Barr said the opposite at the time. In a "Washington Post" op-ed, he wrote: Comey had no choice but to issue the statement he did. Indeed, it would have violated policy had he not done so.

Democrats meantime raised concerns about Barr's role overseeing more than a dozen spinoff investigations from the special counsel's probe. The attorney general says he has no plans to recuse himself.

BRIGGS: Reaction to the Barr hearing coming from someone who knows all too well about Russian interference, Hillary Clinton.

[05:05:06] This was her hypothetical suggestion last night on MSNBC.

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HILLARY CLINTON, FORMER SECRETARY OF STATE: Imagine, Rachel, that you had one of the Democratic nominees for 2020 on your show, and that person said, you know, the only other adversary of ours who's anywhere near as good as the Russians is China.

China, if you're listening, why don't you get Trump's tax returns? I'm sure our media would richly reward you.

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ROMANS: Clinton clearly making reference to then candidate Trump inviting Russia to find her 30,000 missing e-mails. Clinton says she is living rent free inside Donald Trump's brain and it's not a very nice place to be.

BRIGGS: Joe Biden meanwhile does not believe the United States should be worried about China as a geopolitical rival. During a stop in Iowa, Biden discussing his experience as vice president and his time as chairman of the Senate Foreign Relations Committee. Here's what he said about other world leaders.

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JOE BIDEN (D), PRESIDENTIAL CANDIDATE: I don't know a single solitary one who would not change places with the problems the president of the United States has versus the problems they have. China is going to eat our lunch -- come on, man. They can't figure out how they're going to deal with the corruption that exists within the system. I mean, you know, they're not bad folks, folks, but guess what, they're not competition for us.

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BRIGGS: Not bad, folks, not competition for us.

For the record, China's accused of stealing billions of dollars of intellectual property through cyber and other methods, also human rights abuses. And the Trump administration's ongoing trade war with China is hurting farmers in places like Iowa.

ROMANS: Biden has downplayed the China threat before. This time he's getting push back from both parties.

Republican Senator Mitt Romney of Utah tweeting: This will not age well.

And Democratic rival Bernie Sanders adding: Since the China trade deal I voted against, America has lost over 3 million manufacturing jobs. It's wrong to pretend China isn't one of our major economic competitors.

A vigil Wednesday night at the University of North Carolina at charlotte. Thousands of students attended honoring the lives of two students killed in Tuesday's campus shooting. Nineteen-year-old Reed Parlier, and 21-year-old Riley Howell. Witnesses say Howell rushed toward the gunman to stop him from firing. The local police chief says Howell's sacrifice saved lives.

(BEGIN VIDEO CLIP) CHIEF KERRY PUTNEY, CHARLOTTE-MECKLENBURG POLICE DEPARTMENT: You're going to run, going to hide and shield or you're going to take the fight to the assailant. But for his work, the assailant may not have been disarmed. Unfortunately, he gave his life in the process.

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BRIGGS: Remarkable young man.

Four people were also injured in the attack. Staff is expected to return to campus today. Meantime, officials say exams have been cancelled through Sunday.

ROMANS: So, why did a Chinese family pay $6.5 million to the mastermind behind the college admissions scandal? A source confirms those payments from the family of a Stanford student. No definitive word why the payment was made. But we do know the parents were referred to Rick Singer by a Morgan Stanley adviser, Michael Woo. He has been fired for not cooperating with an internal investigation into that admissions scandal.

No charges have been filed against the student and her groups or Woo. Meantime, federal prosecutors in Boston have subpoenaed other parents who were not originally charged. An official tells us prosecutors are looking for financial records and call logs related to those parents.

BRIGGS: The Trump administration formally declaring its opposition to the entire Affordable Care Act calling it unconstitutional in a federal appeals court filing. If Obamacare is struck down, 21 million Americans could lose their health insurance, and millions more could lose protections for preexisting conditions, as well as required coverage for pregnancies, prescription drugs and mental health.

ROMANS: Assistant Attorney General Joseph Hunt acknowledges the administration previously argued that parts of the law could remain in effect. But now, he says the administration believes it could no longer defend that position. He claims rewriting the statute by picking and choosing provisions would interfere with the role of Congress.

The brief was filed with the conservative leaning 5th U.S. Circuit Court of Appeals. Arguments will be heard in July.

The president wants a federal judge to cut interest rates big time but the central bank is not moving. Fed officials voted to leave interest rates alone, sticking with the wait and see approach outlined earlier this year.

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JEROME POWELL, FEDERAL RESERVE CHAIRMAN: We think our policy stands as appropriate at the moment and we don't see a strong case for moving in either direction.

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ROMANS: The Fed chair, Jerome Powell, said the country's labor market remains strong, economic activity is rising at a solid rate.

[05:10:01] The Central Bank has remained unmoved despite repeated attacks by the president, including Tuesday's call to slash interest rates by 1 percentage point. Powell defended the independence of the Fed saying it doesn't think about short-term considerations.

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POWELL: We don't think about other factors. We don't let them into our decision making. We don't discuss them.

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ROMANS: Powell also said the central bank expects inflation to remain close to its target of 2 percent.

BRIGGS: Would you pay a little extra to eat out if it helped fight climate change? Well, this fall, restaurants across California have the option to join a program that adds 1 percent to your bill. Funds from the initiative will go to farmers to help make changes in their fields that could capture carbon dioxide. CO2 is considered one of the primary contributors to climate change.

Full service restaurant prices in California already skyrocketing up 2.7 percent in the past year, so it's not clear how many customers will be willing to voluntarily get on board.

ROMANS: All right. Should food stamps be used on candy, sugary drinks? Some Texas lawmakers say no.

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[05:15:23] ROMANS: All right. New concerns about exposure to measles in two very crowded places, first at the port of St. Lucia in the Caribbean where a crew member on a cruise ship has a confirmed case of the viral infection. That ship is now quarantined. Three hundred passengers and crew members cannot get off.

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DR. MERLENE FREDERICKS-JAMES, ST. LUCIA'S CHIEF MEDICAL OFFICER: Because of the risk of the potential infection, not just from the confirmed measles case, but from other persons who may be on the boat at the time, we thought it prudent to make a decision not to allow anyone to disembark.

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ROMANS: In California, moviegoers who went to see "Avengers: Endgame" and other films at an Orange County theater last Thursday, they may have been exposed to measles. A public health officials say a woman with measles attended a midnight screening of the "Avengers" at the AMC dine in Fullerton 20 Thursday from 11:00 p.m. to 2:00 a.m.

Measles cases in the U.S. have reached the highest level on record since the virus was declared eliminated in 2000. Health officials placed some of the blame on the anti-vaccs parents.

BRIGGS: Authorities say simple gravy spill led to the exposure of child porn on an Iowa man's lap top. Court documents claim Robert Leo Watson took his laptop to Best Buy after spilling gravy on it. Geek squad employees transferring files off the device spotted what they thought was child porn. Des Moines police collected both computers and charged Watson with misdemeanor possession after he admitted saving the images. He remains jailed on a $50,000 cash bond.

ROMANS: Snap recipients in Texas may face a ban on using their food stamps to buy junk food. A state lawmaker has filed a bill he says is aimed at curbing diabetes and other health complications, it would bar the use of food stamps to purchase energy drinks and candy and other junk food. Critics object to the government infringing on the freedom of law income Americans to make their own choices. It's not the first time officials have tried to cut food stamp subsidies for junk food. Earlier proposals in Florida and New York were never enacted.

BRIGGS: Maine is now the first state to ban Styrofoam. Governor Janet Mills signing a bill that takes effect in 2021, which prohibits restaurants, caters, coffee shops and grocery stores from using foam containers because they cannot be recycled in the state. Maryland legislatures approved bills to ban Styrofoam, but it's not clear whether the governor will sign them.

There's a lot of confusion about recycling. People just think they throw stuff in the bin and it gets taken care of. Most of it is not recycled today.

Ahead, we'll talk some sports. Nothing like catching a foul ball at a baseball game. But one Dodgers fan went hungry to get one, twice. Andy Scholes has the spill in the "Bleacher Report", next.

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[05:22:33] ROMANS: A Rhode Island hospice patient's final request was to watch the big battle of Winterfell on "Game of Thrones", her favorite show. Well, "The Thrones" cast did one better, she watched the episode accompanied by video greetings from ten cast members.

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UNIDENTIFIED MALE: I know you can't be here today, but I just want to say hello and that you are with us in spirit.

LIAM CUNNINGHAM, ACTOR: It's Liam here, you might know me as Sir Davos Seaworth. I hope you're well enough to watch the battle tonight. I wish you the very best.

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ROMANS: The episode aired Sunday on HBO. Claire Walton passed away the next day.

BRIGGS: All right. To honor the 45th running of the Kentucky Derby Saturday, the favorite has been scratched. Andy Scholes has the story in "The Bleacher Report".

Good morning, my friend.

ANDY SCHOLES, CNN SPORTS CORRESPONDENT: Yes, good morning, Dave.

Omaha Beach was the betting favorite to win this Saturday's Kentucky Derby, but he's out after being diagnosed with a breathing abnormality. It's not life threatening but he will need surgery, and jockey Mike Smith was set to ride Omaha Beach. He won the Triple Crown last year riding Justify. He's now left without a horse for the race.

The new betting favorite, Game Winner followed by Improbable and Roadster, all three of those horses trained by Bob Bafford. Bafford become a legend training both American Pharoah and Justify as Triple Crowns in the last 40 years.

There's one game in the NBA playoffs last night, and you might be wondering, why are Blazers coaches wearing bow ties?

Terry Stotts explained afterwards.

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TERRY STOTTS, TRAILBLAZERS HEAD COACH: Jon Yim, our video coordinator and development coach, was in a serious accident last Wednesday with his mom, his sister, and his sister's husband. It was a pretty serious accident. On Wednesday, he would wear bow ties to the game. I think the bow ties are undefeated this year.

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SCHOLES: Yes, Yim suffered a broken leg and collapsed lung in the accident. And Blazers, they got a big win for them last night. Portland beating the Nuggets, 97-90 to even the series at a game apiece.

The Carolina Hurricane back in action against the Islanders in Raleigh, last night. The team holding a moment of silence pregame to honor the victims of the UNC Charlotte shooting on Tuesday.

As for the game itself, the underdog Hurricanes scoring three unanswered goals in the third period to win 5-2.

[05:25:02] Their storybook run continues. The Hurricanes ten years removed from their last playoff appearance. They're now just five wins away from playing for the Stanley Cup.

All right. Lionel Messi doing messy things, from outside the box against Liverpool. It was his 600th goal for Barcelona. The goal comes 14 years to the day of his first goal for the club. It's a spectacular effort there by Messi. Barcelona roles Liverpool 3-0 for the first leg of Champions League semifinal.

All right. Finally, a dodgers fan goes for the foul ball holding his food, you see fries, hot dogs, go flying. He came up with the ball, right, it was all worth it. Get this, later in the game, another foul ball comes his way. This time, he's going to spill his slice of pizza all over the woman in front of him, and the woman wearing white pants as you can see.

And look, she wasn't fazed by it at all. She brushed the pizza off. What a cool lady. If you spill pizza on someone, usually they're pretty upset at a game.

BRIGGS: It's been too early to wear white pants. Seriously, I think the combined loss by the fan is like 40 bucks at a ball game. I'm guessing in L.A., that's a tough day.

That's great stuff, Andy. We needed that, thank you.

SCHOLES: All right.

BRIGGS: Romans, what's coming up?

ROMANS: Never too early to wear white pants.

Bill Barr refusing to testify today a day after contentious testimony on Capitol Hill. Will Democrats hold the attorney general in contempt?

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