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Early Start with John Berman and Zoraida Sambolin

Robert Mueller Issues Final Words on Russia Probe; Nancy Pelosi Resisting Calls to Impeach President Trump; Climber Warned of the danger of Mount Everest's Summit. Aired 4:30-5a ET

Aired May 30, 2019 - 04:30   ET

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


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[04:31:57] ROBERT MUELLER, SPECIAL COUNSEL: If we had had confidence that the president clearly did not commit a crime, we would have said so.

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MICHELLE KOSINSKI, CNN ANCHOR: The final word from Robert Mueller. Some of it contradicts the attorney general but Nancy Pelosi is still giving no ground on impeachment.

DAVE BRIGGS, CNN ANCHOR: Did the White House try to hide the name of John McCain on his namesake warship during the president's trip to Japan?

KOSINSKI: A big scare in Houston, a screaming line drive hits a little girl in the stands. The batter understandably distraught.

BRIGGS: And welcome news from Alex Trebek. The "Jeopardy" host making significant progress against pancreatic cancer. He calls it mind-boggling.

Welcome back to EARLY START. I'm Dave Briggs.

KOSINSKI: I'm Michelle Kosinski in for Christine Romans.

[LAUGHTER]

KOSINSKI: Sorry, strange pause there. It's 32 minutes past the hour.

The special counsel has spoken. Robert Mueller offering up his first public comments on the Russia investigation after two years of silence. His words offering clear discrepancies with the explanations from the Attorney General Bill Barr. And even though the Justice Department and Mueller's office released a joint statement claiming there is no conflict between them, the video suggests otherwise.

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WILLIAM BARR, ATTORNEY GENERAL: He was not saying that but for the OLC opinion, he would have found obstruction. MUELLER: The Special Counsel's Office is part of the Department of

Justice, and by regulation, it was bound by that department policy. Charging the president with a crime was therefore not an option we could consider.

BARR: There was no evidence of the Trump campaign collusion with the Russian government's hacking.

MUELLER: There was insufficient evidence to charge a broader conspiracy.

BARR: The evidence developed by the special counsel is not sufficient to establish that the president committed an obstruction of justice offense.

MUELLER: If we had had confidence that the president clearly did not commit a crime, we would have said so.

(END VIDEO CLIP)

BRIGGS: Quite a contrast. There is now a focus on the DOJ guidelines that a sitting president cannot be indicted and whether that guided Mueller's decision to punt on obstruction.

More now from CNN's Sara Murray in Washington.

SARA MURRAY, CNN POLITICAL CORRESPONDENT: Good morning, Dave and Michelle.

After two years of silence on his investigation, special counsel Robert Mueller appeared before the cameras Wednesday and he chose his words carefully, clearly stating that he did not clear President Trump of obstruction of justice.

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MUELLER: If we had had confidence that the president clearly did not commit a crime, we would have said so. We did not, however, make a determination as to whether the president did commit a crime.

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MURRAY: Mueller explained that charging the president with a crime wasn't an option for him. Justice Department policy states a president cannot be charged with a federal crime while in office. Instead, Mueller appeared to point the obstruction issue to Congress, ramping up pressure on Capitol Hill for impeachment.

He also hammered home the seriousness of Russia's attempts to interfere in the 2016 election, saying those efforts deserve every American's attention.

[04:35:05] Back to you, guys.

KOSINSKI: The White House trying to put its own spin on Mueller's remarks. It may seem that they see it as an opportunity to move on. (BEGIN VIDEO CLIP)

SARAH SANDERS, WHITE HOUSE PRESS SECRETARY: There was no real news in there. He reiterated the points that he'd already laid in the report, and we agree with him. There's no collusion. There was no conspiracy. And we consider this case closed.

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KOSINSKI: Now that sounded an awful lot like this tweet from the president, "Nothing changes from the Mueller report. There was insufficient evidence and therefore, in our country, a person is innocent. The case is closed. Thank you."

BRIGGS: Robert Mueller is a man of few words, and he made it clear in his 10-minute statement that he would like to keep it that way.

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MUELLER: My work speaks for itself. And the report is my testimony. So beyond what I have said here today and what is contained in our written work, I do not believe it is appropriate for me to speak further about the investigation.

(END VIDEO CLIP)

BRIGGS: So that puts House Democrats in a tight spot.

Phil Mattingly with more from Capitol Hill.

PHIL MATTINGLY, CNN CONGRESSIONAL CORRESPONDENT: Now, Michelle and Dave, for Democrats who have been clamoring for impeachment, who've been pressuring Speaker Nancy Pelosi to pursue impeachment, there's no question about it, Robert Mueller's public remarks provided just new ammunition for that effort. But there's also another reality here, they are not the majority. Who's that according to? Well, the speaker herself. Take a listen.

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REP. NANCY PELOSI (D-CA): Our House Democrats, they've been very, shall we say, conscientious about how they reached their decisions. Maybe 38 of them out of 238 have said that they wanted to be outspoken on impeachment and many of them reflecting their views as well as those of their constituents. Many constituents want to impeach the president. But we want to do what is right and what gets results.

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MATTINGLY: And, guys, that's actually a really important window into the behind the scenes here. Pelosi has made clear she believes the track that House Democrats are on, multiple committees conducting multiple investigations on the administration on the whole, and in the president himself is the right pathway. She said repeatedly she believes impeachment is a divisive issue, particularly if the public is not behind them. And public polling would show, that remains the case.

There's also the reality of the Republican-led Senate. Republican after Republican, even in the wake of Robert Mueller's remarks, have made clear they believe the case is closed. They believe everyone should move on. That is why Pelosi is maintaining her track. And she's not alone. House Judiciary Chairman Jerry Nadler saying something that he's now said for the last couple of weeks, impeachment, it's not off the table but at least at the moment it's not on the table either. They are not going to pursue that -- guys.

KOSINSKI: Thanks, Phil.

Still lots of questions there. And the House speaker insists she will not be swayed on impeachment by the Democratic candidates for president. That's not stopping the 2020 hopefuls, though, from weighing in.

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SEN. CORY BOOKER (D-NJ), PRESIDENTIAL CANDIDATE: I believe that expungement proceedings will strengthen Congress's hand in getting the information and the responses that they need to come to a conclusion about ultimate impeachment.

SEN. ELIZABETH WARREN (D-MA), PRESIDENTIAL CANDIDATE: These are impeachable offenses. It is our constitutional responsibility as members of Congress to bring a judgment of impeachment against this president.

SEN. KAMALA HARRIS (D-CA), PRESIDENTIAL CANDIDATE: I think it's a fair inference from what we heard in that press conference that Bob Mueller was essentially referring impeachment to the United States Congress.

SEN. BERNIE SANDERS (I-VT), PRESIDENTIAL CANDIDATE: It is an unprecedented moment in American history and the time is now for us to act in an unprecedented way.

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KOSINSKI: Some very strong statements there, but the front running Democrat, Joe Biden, ignored questions about Mueller's remarks. His campaign calls the roadblocks used by the Trump administration truly troubling.

BRIGGS: Talks were held between the White House and the Navy about keeping the USS John McCain out of sight before President Trump's recent trip to Japan. E-mails were exchanged about moving the warship, but a senior Navy official tells CNN the plan was scrubbed once Navy brass became aware of it. The president and McCain were frequently at odds before and during Trump's presidency, up until the senator's death last August.

KOSINSKI: "The Wall Street Journal" reports a tarp was put in place to cover the ship's name, although three Navy officials deny that it was there when Trump was in Japan. President Trump said late Wednesday he had not been made aware of any plans concerning the ship. Before that, McCain's daughter, Meghan, responded to the "Journal's" reporting, calling Trump, quote, "a child who will always be deeply threatened by the greatness of my dad's incredible life."

BRIGGS: All right. To the weather now, twisters have struck the U.S. now for two straight weeks now. There were 23 tornado reports Wednesday, including this one in Canton, Texas. Severe weather in Kentucky ripping a roof off a building and onto a car, killing one person inside.

[04:40:03] No end in sight for the historic flooding. The Arkansas River now approaching record levels. Thousands of homes could be impacted in Arkansas. In hard-hit Sand Springs, Oklahoma, engineers worked to repair a dirt levee protecting the town's business district. One hundred 50 homes there have been damaged. Flooding has recently slightly there receded thanks to the U.S. Army Corps of Engineers reducing flows from the Keystone Dam nearby.

Boeing CEO Dennis Muilenburg apologized to families involved in the two crashes that killed 346 people and the worldwide grounding of all 737 MAX jets. In an interview with CBS News, Muilenburg said this.

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DENNIS MUILENBURG, BOEING CEO: We clearly fell short, and the implementation of this angle of attack disagree alert was a mistake. We did not implement it properly. We're confident in the fundamental safety of the airplane.

UNIDENTIFIED REPORTER: You'd put your family on a 737 MAX.

MUILENBURG: Without any hesitation, absolutely.

(END VIDEO CLIP)

BRIGGS: During a conference Wednesday, Muilenburg said the MAX crisis has become a defining moment for the company, adding it is focused on getting the jet back in the air. Muilenburg says Boeing will work with airlines on compensation for the grounding and the halt in new deliveries. The Federal Aviation Administration currently reviewing a software fix Boeing has completed for the aircraft. Muilenburg did not comment on the overall cost to the company.

KOSINSKI: Better late than never, I guess?

BRIGGS: Still a long way to go on this one.

KOSINSKI: Perhaps?

Well, you've heard about Uber drivers behaving badly, but some passengers are no better. Now they could be banned for life.

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[04:45:55] BRIGGS: Investigators in Utah believe they have found the remains of missing 5-year-old Elizabeth Shelley, and they have now formally charged her uncle Alex Whipple with aggravated murder, kidnapping and other charges. Police say Whipple agreed to provide the location of her body if the death penalty was taken off the table. In a statement Elizabeth's family thanked law enforcement and remembered Lizzy as a caring and giving little girl.

KOSINSKI: Searchers in Hawaii have found the body of missing hiker Noah "Kekai" Mina, delivering a crushing blow to family members who were hoping to have an Amanda Eller type ending. The same rescue teamed that found Eller who went missing for 17 days joined the search for Mina over the weekend. Maui police say Mina was first reported missing on May 20th. His father says they find solace in the fact that he was found and is urging everyone to love and hold those that are dear to you.

BRIGGS: A terrifying incident at last night Cubs-Astros game, renewing calls for more protective netting for fans at Major League baseball games. A foul ball hit by Cubs' outfielder Alberto Almora struck a young girl in the stands here. Almora, a father of two boys, was visibly shaken, putting his hands on his head, then sinking to a knee as play came to a halt. On his way to take his position in center field between innings he stopped by the area of the stands where the child was sitting. He was consoled by a security guard as he began crying, covering his face with his glove. Almora was still emotional after the game.

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ALBERTO ALMORA, OUTFIELDER, CHICAGO CUBS: I'm just praying and I'm speechless. I'm at a loss of words. Being a father to two boys, God willing, I'll be able to have a relationship with this little girl for the rest of my life. But just prayers right now. That's all I really can control.

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BRIGGS: The Astros, in a statement, said the girl was taken to a local hospital but they did not disclose any details on her condition. Before last season, all Major League teams extended protective netting to at least the far ends of the dugout.

KOSINSKI: Your heart just goes out to him as much as the family of the girl.

BRIGGS: And that family.

KOSINSKI: Starting tomorrow, some New York City commuters can make contactless payments for their train or bus fare. The new Apple Pay and Google Pay feature only works at select stops on the four, five and six subway lines, as well as any Staten Island bus. The rollout should be completed by late 2020.

The U.S. does lag behind other countries when it comes to embracing mobile payments. It seems retailers still prefer cold hard cash or credit cards and balk at the high cost of switching to a contactless pay terminal. KOSINSKI: Uber may ban passengers with ratings significantly below

average. The ride-hailing company says offending passengers will receive several notifications before losing access to the app but they will get a chance to improve their rating and remain in good standing. Suggestions include being polite, avoid leaving trash in the vehicle, and refrain from asking drivers to speed. Uber did not disclose what the rating threshold would be for riders who risked getting kicked to the curb. A spokesperson telling CNN it will vary city by city.

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ALEX TREBEK, HOST, "JEOPARDY": You're going to add some money to that $43,000. How much? $25,119. That bumps you today to $69,033 and give you a 30-day total of $2,323,971.

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KOSINSKI: One lucrative game. That is the 30th straight "Jeopardy" win for James Holzhauer. He's now less than $200,000 away from the all-time record for "Jeopardy" winnings. And "Jeopardy" host Alex Trebek is on a winning streak of his own. Trebek revealing he is in near remission now after announcing in March he was diagnosed with stage-four pancreatic cancer. The five-year survival rate is 9 percent, but the 78-year-old Trebek tells "People" magazine, it's kind of mind-boggling.

[04:50:03] The doctors said they hadn't seen this kind of positive results in their memory. Trebek must still undergo several more rounds of chemotherapy before he can be declared fully in remission.

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UNIDENTIFIED MALE: Across to Gunnarsson (INAUDIBLE). The Blues win in overtime.

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BRIGGS: Stanley Cup Final now even at a game apiece, St. Louis beating the Boston Bruins 3-2 in overtime, (INAUDIBLE), the team's first ever Cup Final win. They had been 0-13 prior. Incredible. The series now move to St. Louis for game three on Saturday.

Swept by the Bruins the last time they met in the Cup Final.

Well, you can now tell Alexa, forget what you've told me, Alexa. CNN Business has the details next.

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[04:55:20] BRIGGS: Breaking overnight, at least seven people are dead, 19 missing after a tour boat sank on the Danube River in Budapest, Hungary. Most of the victims are tourists from South Korea. The tour company says the boat was docked when a larger vessel collided with it. At least seven people were rescued from the water and are now hospitalized. None of the victims were wearing life jackets. 4:55 and a check on CNN Business this morning. Taking a look at

global markets, Asian markets closed lower. European markets have just opened. On Wall Street, futures are barely moving after yesterday's decline. The Dow fell 221 points Wednesday closing at its weakest point since mid-February. The S&P 500 and Nasdaq both lost ground as well, concerns about the impact of the U.S.-China trade war are rising.

Investors are worried that tariffs will slow the global economy and ding corporate profits. Nervous investors continue to flock to the bond market sending the 10-year treasury yield to their lowest levels since late 2017.

The owner of Sears promised to make millions of dollars in severance to employees who lost their jobs. Well, now he wants to get out of it. Eddie Lampert who brought the remains of the bankrupt company earlier this year is threatening not to make $43 million in payments to former employees. Lampert's hedge fund is arguing it cannot make the payments because Sears didn't spell out all its assets when Lampert's agreement to buy Sears. An advocacy group representing the Sears workers says it is wrong for Lampert not to pay the promised severance.

Worried that your smart speaker is getting too smart? Alexa users can now tell the device to forget what it's heard. The command "Alexa, delete everything I said today" will wipe recordings made from midnight that day until that exact moment. In a few users will also be able to delete their most recent request from the device. The command is part of a larger push toward privacy.

KOSINSKI: Just forget everything I just said. Okay, Dave?

BRIGGS: Will do.

KOSINSKI: Thank you.

BRIGGS: It's already gone.

KOSINSKI: The deaths of 11 Mount Everest climbers this year sparking debate about what actually killed them. Nepal's government blames weather but overcrowding and limited oxygen in the area known as the death zone are believed to have been a factor.

CNN's Arwa Damon spoke with an American climber about conditions. She joins us live now from Katmandu.

Arwa, this has been an extraordinary season that has raised questions about everything to do with these adventures, right?

ARWA DAMON, CNN SENIOR INTERNATIONAL CORRESPONDENT: Yes, there really have been and what 34-year-old Ian Stewart was telling us is that there were a number of phenomenon that really came together at the same devastating time. You had a large crowd of people. The weather window was very short, and then you had a number of inexperienced climbers. Ian himself was attempting to summit on the same day that that iconic

photograph was taken and he had calculated that it would take him about eight hours to get to the summit instead because of the backlog that took place. It took him 12 hours, and here's how he described the moment when he realized he might not make it down.

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IAN STEWART, AMERICAN CLIMBER: First point, the panic really hit me was at the summit. So I was up there with our guide, and he looked at me and was like, hey, we're both really low on oxygen, we got to go. Immediately got back in the cue to get down, as I mentioned, very quickly got stuck at the top of the step and from there, it just felt like the next five or six hours was just sort of, not to be dramatic, but like a race for my life.

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DAMON: And he was very lucky because a sherpa was part of his group but with a climber ahead of him realized that they were in trouble and came back up with another bottle of oxygen. Others that Ian was with sadly died on the mountain.

KOSINSKI: Arwa, thanks so much for that.

And EARLY START continues right now.

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MUELLER: If we had had confidence that the president clearly did not commit a crime, we would have said so.

(END VIDEO CLIP)

BRIGGS: The final word from Robert Mueller, some of it contradicts the attorney general. Nancy Pelosi giving no ground on impeachment.

KOSINSKI: Did the White House try to hide the name of John McCain on his namesake warship during the president's trip to Japan?

BRIGGS: A big scare in Houston, the screaming line drive hits a little girl in the stands. She is hospitalized. The batter understandably distraught.

[05:00:00]