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Early Start with John Berman and Zoraida Sambolin

White House Accused Robert Mueller of Playing Politics; House Democrats Demanding Full Mueller Report; New York City Would-be Bomber to Go Free Soon; Opposition Seeks to Maintain Momentum Against Venezuelan Government. Aired 4-4:30a ET

Aired May 03, 2019 - 04:00   ET

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


[04:00:19] DAVE BRIGGS, CNN ANCHOR: The White House launching a full counter offensive on Robert Mueller. They say his team played politics, and the president may still exert executive privilege.

CHRISTINE ROMANS, CNN ANCHOR: He plotted to bomb the New York City subways a decade ago. Why Najibullah Zazi now is on the verge of freedom.

BRIGGS: Mourning the loss of a gentle giant. Peter Mayhew who will forever live on as Chewbacca has died.

ROMANS: And if you're not always happy, Burger King has your back. A new campaign with a purpose. And a dig at McDonald's.

Good morning, and welcome to EARLY START. I'm Christine Romans.

BRIGGS: We need an extremely exhausted meal for us.

ROMANS: Yes. Exactly.

BRIGGS: But a happy Friday, everybody.

ROMANS: An up-too-early meal.

BRIGGS: I'm Dave Briggs. It's Friday, May 3rd. It is World Press Freedom Day. It's 4:00 a.m. in the East. We start in the nation's capital.

President Trump was thrilled with the Mueller report, but the White House not so much. A top White House lawyer, Emmett Flood, accused Mueller's team of playing politics, laying out a litany of facts far more detailed than what's typically found in a criminal indictment. Flood protesting in a letter to Attorney General William Barr dated one day after the public release of the redacted Mueller report.

ROMANS: Flood described the report as, quote, "a prosecutorial curiosity, part truth commission report and part law school exam paper." It is true the Mueller report did not establish a criminal conspiracy between the Trump campaign and the Russians. Mueller did unearth substantial evidence of obstruction by President Trump without saying whether he should be prosecuted, a move the attorney general questioned on Capitol Hill this week. BRIGGS: The president touted the report as total vindication, even

though possible obstruction came up about a dozen times. That includes when the president told then White House counsel Don McGahn to remove Mueller. Last week, House Judiciary chairman Jerry Nadler subpoenaed McGahn to testify. Now the president says not going to happen.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: I have had him testifying already for 30 hours.

UNIDENTIFIED REPORTER: So is the answer no?

TRUMP: And it's really -- I don't think I can let him and then tell everybody else you can't. I would say it's done. We've been through this. Nobody has ever done what I have done. I have given total transparency. It's never happened before like this.

(END VIDEO CLIP)

ROMANS: Emmett Flood's letter also made clear President Trump has not closed the door on asserting executive privilege so expect this battle to continue.

Attorney General Barr was a no-show for a second day of scheduled testimony. He didn't show over a dispute about who would be asking the questions. Congressman Steve Cohen showed what he thought about that with a bucket of chicken.

House Speaker Nancy Pelosi offered a far more serious response about something the attorney general told Congress under oath weeks ago.

CNN's Manu Raju has more from Capitol Hill.

MANU RAJU, CNN SENIOR CONGRESSIONAL CORRESPONDENT: Good morning, Christine and Dave. Now House Democrats are planning to move forward to hold the attorney general in contempt of Congress if he does not meet their demands. One of their demands, to turn over the full Mueller report, the underlying evidence, everything they have been asking for. So far the Justice Department only offering a less redacted report that does not include the grand jury information that Democrats are demanding and only allowing that report to be reviewed by a small number of members, 12 to be exact.

After Barr's appearance before the Senate Judiciary Committee, the speaker of the House made very clear that she believes that the attorney general lied to Congress when he previously testified that he was not aware of concerns from the special counsel's team about his handling of the report, and she made some pretty dramatic remarks saying the attorney general committed a crime.

(BEGIN VIDEO CLIP)

REP. NANCY PELOSI (D-CA): He lied to Congress. He lied to Congress. And if anybody else did that, it would be considered a crime. Nobody is above the law.

(END VIDEO CLIP)

RAJU: Now the Justice Department pushed back on that remark saying that this is baseless, it's inaccurate, and Barr's allies on Capitol Hill also defending him saying the Democrats really are trying to pursue one thing, impeachment, trying to go after the president at all costs.

Democrats are divided on that topic. Pelosi herself trying to tamp that down, Christine and Dave, saying that, look, this is something that will end at the Senate's edge and the impeachment is the easy way out. But unfortunately for her, not all Democrats agree -- Christine and Dave.

BRIGGS: They do not. Manu Raju there, thank you.

The Pentagon accuses China of using espionage to steal U.S. military secrets. A new report says the Chinese are accessing cutting edge military technology through a variety of methods, including foreign direct investment and cyber theft.

[04:05:07] The report says China used these techniques to acquire sensitive, dual use or military grade equipment from the U.S. Just this week, former CIA Case Officer Jerry Lee pleaded guilty to charges he conspired to commit espionage on behalf of Beijing.

ROMANS: A man who plotted to bomb New York City's subways goes free in a matter of days. Najibullah Zazi has been locked up since 2009 and spent a decade helping the United States identify and prosecute terrorists. He was rewarded for his help Thursday with a 10-year prison sentence equal to the time he has already served.

BRIGGS: A federal judge in Brooklyn citing his extraordinary cooperation with investigators. Zazi pleaded guilty in 2010 to three charges connected to a plot to bomb the subway around the anniversary of the 9/11 attacks. On Thursday Zazi told the court, quote, "I tried my best to correct my horrific mistake. I am not the same person. I find it almost hard to imagine what I was involved in in 2008 and '09."

ROMANS: All right. Facebook is purging some high profile people from its platform saying they are dangerous. They include Nation of Islam leader, Louis Farrakhan, notorious for using anti-Semitic language, and right-wing conspiracy theorist Alex Jones who was banned from Facebook last summer but still maintained a presence on Instagram. Instagram is owned by Facebook.

BRIGGS: Also banned, Paul Nehlen, an anti-Semite who ran unsuccessfully for Congress, along with fringe right-wing media personalities Milo Yiannopoulos, Laura Loomer and Paul Joseph Watson. Facebook says it has always banned, quote, "individuals or organization that promote violence and hate regardless of ideology." But critics quick to point out Facebook did not take action against the accounts at the time they were actually in violation of company's rules. ROMANS: Yes. Some say too little too late.

All right. This morning, tributes are pouring in for actor Peter Mayhew who played Han Solo's lovable Wookiee sidekick Chewbacca in the "Star Wars" films.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Screaming about it can't help you.

HARRISON FORD, ACTOR: You know, that's not wise to upset a Wookiee.

UNIDENTIFIED MALE: But, sir, nobody worries about upsetting a droid.

FORD: That's because a droid don't pull people's arms out of their sockets when they lose. Wookiee's are known to do that.

(END VIDEO CLIP)

ROMANS: Mayhew died this week at his home in North Texas. He was 74. Mayhew fit the bill for the Wookiee standing more than seven feet tall. He played Chewbacca in the original "Star Wars" trilogy and reprised the role in "Revenge of the Sith" and "The Force Awakens." He consulted on "The Last Jedi" to help guide his successor.

ROMANS: A memorial planned for fans in December in Los Angeles before the release of the new "Star Wars" film. The final chapter in the Skywalker saga. Co-star Harrison Ford says in a statement, quote, "Peter Mayhew was a kind and gentle man, possessed a great dignity and noble character." And Luke Skywalker himself Mark Hamill tweeting this tribute to Mayhew. "He was the gentlest of giants, a big man with an even bigger heart, who never failed to make me smile and a loyal friend who I loved dearly."

ROMANS: All right. Eight minutes past the hour, this morning the U.S. job market about as good as it gets, so how much longer can that last? Today's jobs report for April could hold some clues for us. Economists estimate 185,000 jobs were added last month. The jobless rate expected to remain right there at 3.8 percent, that's just slightly above a nearly 50-year low reached last year, a generational low.

This could be another win for the president, following last week's strong GDP report. One thing to watch for this week, manufacturing. Manufacturing jobs have boomed under the Trump administration, adding nearly a half million since he took office. Could that boom be fading as the effects of tax cuts and government spending cools down? U.S. manufacturers face tariffs driving up costs while slowing growth in China and Europe are hurting demand.

Despite recent strength, Moody's Analytics chief economist said the direction of hiring is pointing down, not up. There are now more job openings than there are job seekers to fill them, and the tighter job market is also lifting wages which can slow hiring a bit.

BRIGGS: A major setback for SpaceX. The company confirming its Crew Dragon capsule built to carry humans was destroyed during a test fire nearly two weeks ago. That could derail plans to begin flying astronauts to the International Space Station this year. On April 20th, the Crew Dragon was undergoing tests in Cape Canaveral when something went wrong in the final stretch. At the time SpaceX would only say, quote, "It was an anomaly occurred." But footage of the test leaked online showed the spacecraft erupting in flames. The U.S. has not had the technology to flying humans in the orbit since the shuttle program ended in 2011.

ROMANS: All right. Nine minutes past the hour. The Feds get their first ever conviction of a drug company CEO in the fight against the opioid crisis.

[04:10:03]

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ROMANS: The disappearance of a pregnant woman in Chicago has eerie similarities to an unsolved case from last year. Marlen Ochoa- Uriostegui has been missing for more than a week. She is 9 months pregnant, 19 years old, 5' 3" tall. She has brown hair, brown eyes and a nose ring. Meantime, Chicago police continue to investigate the disappearance of a pregnant postal worker. 27-year-old Kierra Coles left her apartment in her work uniform last October and has not been seen since.

BRIGGS: The mother of a Chinese student admitted to Stanford claimed she thought her $6.5 million donation was for scholarships and to help the school. The woman identified only as Mrs. Zhao admits she gave the money to the central figure in the college admissions scandal, Rick Singer, but she insists it was not intended to buy her daughter's admission.

[04:15:02] In a statement, Mrs. Zhao says after her daughter Yusi got into the school, Singer asked for a donation, and she was told the money would help pay salaries and support students who could not afford to attend Stanford. She says she realizes now she was misled.

ROMANS: All right. Now to the latest in the measles outbreak. The Scientology cruise ship Freewinds is heading back to its home port in Curacao. Not entirely clear, though, what happens to passengers and crew when that ship arrives. Now that officials have discovered a female crew member has the highly contagious disease. 300 passengers and crew have been quarantined. The ship's doctor has asked for 100 doses of the measles vaccine.

BRIGGS: And there are now measles concerns at two major airports, New Jersey. Health officials say a traveler with a confirmed case of measles was at Newark Liberty International Airport B and C terminals on March 12th, and may have gone to other areas of the airport.

Also potential measles exposure at Pittsburgh International Airport. There have been more than 700 cases nationwide this year. Officials say the 25-year high in large part because of the anti-vaccination movement. ROMANS: All right. Five top drug company executives have been found

guilty in a bribery case involving the opioid Fentanyl. The multibillionaire founder of Insys Therapeutics and four other top execs convicted of racketeering. Prosecutors said their scheme involved bribes, kickbacks, even lap dances for physicians who prescribed large amounts of the company's Fentanyl spray to patients who did not need it. They lied to insurance companies to cover it all up. It's the first ever conviction of a drug company CEO in the feds' fight against the opioid crisis. Appeals from the defendants seem likely.

BRIGGS: Wicked storms continue to devastate the central U.S. Neighborhoods ripped to shreds in Little Rock, Arkansas. The National Weather Service confirming two tornadoes hit the state. The Mississippi River hitting record levels in Iowa. This is Burlington, where you can see the flooding stretching for miles.

Wow, 16 million people in parts of eight states from Texas to Indiana now under a flash flood watch. Severe weather shifting east for the weekend.

ROMANS: Two Florida teens prayed for help after being swept out to sea during a swim, and boy, were their prayers answered. Eric Wagner and his crew were sailing a 53-foot yacht from Florida to New Jersey last month when they heard what he calls a desperate scream two miles offshore. Then they saw an arm flailing in the ocean behind them. They turned the boat around, threw the teens life jackets and a line. And the name of the boat, "The Amen."

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I was like, if you really do have a plan for us, just like, come on, just bring something.

UNIDENTIFIED FEMALE: The name of our boat is "The Amen." I started crying.

UNIDENTIFIED MALE: There's no other reason or like explanation in the world that that wasn't God.

(END VIDEO CLIP)

ROMANS: Tyler Smith and Heather Brown said they went on swimming on senior skip day and were swept out to sea. They had been in the water almost two hours when "The Amen" came to their rescue.

BRIGGS: Amen.

Burger King wants you to know it's OK to be grumpy.

The fast food chain rolling out a new line of, quote, "real meals" to reflect real moods, an obvious nod to McDonald's Happy Meals. These meals come in boxes that say, "Feeling your way is just as important as ordering your way." They're trying to raise awareness here about mental health, combating social media pressure to be happy all the time. The promotional meals will only be available in five cities during May which is Mental Health Awareness Month.

Look, it's a fun campaign but there's a serious message behind it.

ROMANS: Yes.

BRIGGS: One that we don't talk about enough, and a campaign like this just might help get the discussion going in homes across America.

ROMANS: Yes. Fascinating.

BRIGGS: Yes. All right. Ahead, climate change melting snow on Mount Everest and boy, has it led to some truly startling revelations at the world's highest peak.

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[04:23:39] ROMANS: To the crisis in Venezuela as clashes between demonstrators and police escalate. Self-declared president Juan Guaido vows the deaths of protesters will not be in vain. Meantime a court supporting embattled Nicolas Maduro has issued an arrest warrant for opposition leader Leopoldo Lopez.

CNN's Paula Newton is live for us on the ground in Caracas with the very latest.

Good morning, Paula. What can you tell us?

PAULA NEWTON, CNN INTERNATIONAL CORRESPONDENT: And good morning, Christine. We have fallen into a very familiar pattern here. It's been three days since Juan Guaido said that the end was coming, that Nicolas Maduro would not be in office, and instead what did we see, Christine? We saw stunning video from Nicolas Maduro actually having soldiers in an academy kneel down at his feet and chant that they would be forever loyal, and this is the reason that Juan Guaido is saying that beginning on Saturday that they will start to take those protests directly to those military installations.

There are sure to be more confrontations, Christine. But the issue is this. The opposition seems to have lost some ground here, wondering how they can regain their footing. The United States administration along with the White House and President Trump have been watching this closely. They claim that, you know, this was very close and that in the end, it was Russia, Secretary Pompeo saying that it was Russia, that convinced Nicolas Maduro not to leave.

People here on the ground, including those around President Maduro, are saying that is absolutely not true, and they remain in power here in Venezuela.

[04:25:06] I have to say that at this point, Christine, as well, the kind of intimidation that the protesters have been seeing on the street is going to be a clear factor here. Juan Guaido admitting that look, we have to stay on the streets. We have to keep up that pressure. And if we don't, this movement will fail. And yet we ourselves see that Nicolas Maduro is preparing to really continue to confront those protesters on the street as we await more protest through today and the weekend.

ROMANS: All right. Paula Newton for us in Caracas. Thank you so much for that, Paula.

BRIGGS: Melting glaciers on Mount Everest revealing a horrifying reality, a cleanup team in Nepal recently picked up tons of garbage from the mountain. They also found bodies of climbers who died trying to scale the summit. They expect to pick up some 11 tons of trash in a 45-day cleaning period that began last month. Nepal's tourism director say mountaineers leave large packs and often leave behind trash, both degradable or not. Officials say more bodies are being revealed on Everest as ice melts with the warming climate.

ROMANS: Wow.

BRIGGS: Yikes.

ROMANS: All right. A scathing letter from the White House claims Robert Mueller's team played politics. Could the president still claim executive privilege?

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