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Early Start with John Berman and Zoraida Sambolin

Special Counsel Robert Mueller Breaks His Silence; Talks Held About Keeping USS McCain Out Of Trump's Sight; Deaths Of 11 Everest Climbers Sparks Debate. Aired 5:30-6a ET

Aired May 30, 2019 - 05:30   ET

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

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[05:31:15] (BEGIN VIDEO CLIP)

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

(END VIDEO CLIP)

MICHELLE KOSINSKI, CNN ANCHOR: The final word -- well, maybe -- 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 and 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 what is mind-boggling? "JEOPARDY!" host Alex Trebek making significant progress against pancreatic cancer.

Welcome back to EARLY START on a Thursday. I'm Dave Briggs.

KOSINSKI: And I'm Michelle Kosinski in for Christine Romans. It is now 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 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 says otherwise.

(BEGIN VIDEO CLIP)

WILLIAM BARR, U.S. 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: 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.

(BEGIN VIDEOTAPE)

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.

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.

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.

Back to you guys.

(END VIDEOTAPE)

BRIGGS: An important point that Bob Mueller left us with. Sara, thanks. Let's stay in Washington and welcome in CNN reporter Marshall Cohen, who has covered the investigation extensively. And joining us right here in New York, Julian Zelizer, CNN contributor and professor of history and public affairs at Princeton. Good to see you both.

MARSHALL COHEN, CNN REPORTER: Hi.

KOSINSKI: Hello.

BRIGGS: Marshall, let me start with you. We'll never know, but what if these words from Bob Mueller were the first things we heard and not the last? How differently might history remember this investigation?

[05:35:00] COHEN: Very differently, and I think it's fair to say that the attorney general's 2-month-long P.R. campaign -- some call it a spin campaign -- was very effective.

And, special counsel Robert Mueller was determined to speak only when he wanted to speak and choose the words that only he wanted to choose. Remember, he had concerns a few months ago but he decided to write a letter to Barr instead of taking it to the public.

The attorney general and the special counsel are in a different place on a few key issues, as you laid out earlier, but we'll see if Mueller does get another opportunity. It's clear he feels like he's said more than enough.

KOSINSKI: And, Julian, do you feel like the takeaway that most Americans will get from this is that the only reason there wasn't an indictment is because of that assessment by the DOJ that a sitting president cannot be?

JULIAN ZELIZER, CNN CONTRIBUTOR, PROFESSOR OF HISTORY AND PUBLIC AFFAIRS, PRINCETON UNIVERSITY: Well, I think they will maybe get that that's the same assumption that they're going to read the entire report. I don't think everyone was watching this.

KOSINSKI: Right.

ZELIZER: I think if they were watching it they won't come away with the same conclusion that Attorney General Barr reached. It was very pointed -- his remarks -- in terms of what they found and what their concerns were. But I don't think in the end it will matter nor will it necessarily change the dynamics in Congress where both parties, for different reasons, are saying we're not going any further.

BRIGGS: Yes, only 38 House Democrats calling for impeachment. That is less than 20 percent.

And, Bob Mueller seems to forget, Marshall, that people read 280- character tweets, let alone 450-page reports. I'm not even sure the people have read a summary of the Mueller report.

KOSINSKI: Yes, but you shouldn't have to. You -- that's why you have the news media.

BRIGGS: Well, this is 2019. It's just -- he may have been the right man for the job but maybe not the right man for the times.

But where do we go from here, Marshall, related to two things? One, ongoing investigations and two, Bob Mueller wants this to be his last word. Can it be? Will calls for him to testify grow even louder today?

COHEN: Well, they grew louder yesterday. Let's be clear that for a lot of people, yesterday's comments raised more questions than provided answers because why should this investigator be treated differently than so many investigators in the past?

A lot of people remember how in 2016, two days after Comey -- James Comey closed the investigation into Hillary Clinton, he was on Capitol Hill for 4 1/2 hours taking questions from everybody.

So, Democrats, we'll see what they do. The chairman of the Judiciary Committee, yesterday, Jerry Nadler, kind of hinted that he heard what he wanted to hear from Mueller. So, I mean, it looks like this is yet another issue that Democrats are kind of splintered on and they need to find a consensus.

KOSINSKI: And, of course, Nadler and Pelosi very much at odds on this. Listen to the difference here.

REP. NANCY PELOSI (D), SPEAKER OF THE HOUSE: I think it's like 35 of them out of 238 or maybe 38 of them out of 238 have said that they wanted to be outspoken on impeachment and many of them are 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.

REP. JERRY NADLER (D-NY): With respect to an impeachment question, at this point, all options are on the table and nothing should be ruled out.

(END VIDEO CLIP)

KOSINSKI: Yes. I mean, you see the juxtaposition there. You saw those juxtapositions between Mueller and Barr.

BRIGGS: Yes.

KOSINSKI: And I wanted to ask you about that, Julian. What does this do for the perception of Barr out there, including among Republicans, because seeing that side-by-side, it's stark.?

ZELIZER: It is stark but I'm not sure it does anything. I mean, one thing you learn is that people are looking at this through the perception of their partisan loyalty. And so, if you believe what Barr is saying I don't think watching that video is going to change it.

And this is part of the problem of relying on a report to speak for itself. Nothing speaks for itself in 2019. Parties speak for how people think so it's very hard to get through that. That's part of why the 38 number is a little misleading. If the

speaker is not being a leader -- if she is not leading the conversation, a lot of Democrats are naturally going to say we're going to sit on the fence.

KOSINSKI: But aren't there signs that the politicization that has seeped into virtually everything, as you say, is bothering people on both sides even though they're not all saying it?

ZELIZER: Well, bothering is different than encouraging them to take action.

KOSINSKI: Before now.

ZELIZER: It bothers lots of people. We go through the conversation every election but after the election, here we are again. And so, you need something pretty bold to move people through that.

BRIGGS: Let's not forget, arguably, the most important words Bob Mueller said yesterday. Sara Murray reminded us. "Multiple systemic efforts to interfere in our election were made by Russia and that deserves the attention of every single American."

[05:40:00] Marshall, is there adequate attention being paid to Russian interference in our election in the past and in 2020?

COHEN: No, and the reason is because the president, himself, is not in lockstep with our own government intelligence agencies, the FBI, the DOJ. They're not in lockstep on what happened in 2016, why did it happen, and how do we prevent it.

And the president has been very clear over these past two years -- two-plus years -- that he's very sensitive about his electoral victory and doesn't even want to have a conversation about potential influences by the Russians or by hackers. And if we can't have that conversation, it seems like the leadership won't be there from the White House to take the necessary steps going into next year's election.

BRIGGS: So many questions remain. Have any minds been changed? This story will go on and on.

KOSINSKI: Yes, it's continuing.

BRIGGS: Yes.

Marshall Cohen, thank you.

KOSINSKI: Thank you.

BRIGGS: Julian Zelizer, thank you, sir.

ZELIZER: Thank you.

BRIGGS: All right. 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. Acting Defense Sec. Patrick Shanahan says he will look into the issue. E-mails were exchanged about moving the warship, but a senior Navy official tells CNN the plan was scrubbed once Navy brass become aware of it.

The president and McCain were frequently at odds during and before 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 but 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 "...a child who will always be deeply threatened by the greatness of my dad's incredible life."

BRIGGS: All right, to the nasty weather out there. Twisters have struck the U.S. now for two straight weeks.

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.

No end in sight for the historic flooding, either. 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 fifty homes there have been destroyed. Flooding has recently receded thanks to U.S. Army Corps of Engineers reducing flows from the Keystone Dam nearby.

Well, you've heard about Uber drivers behaving badly. What about this one next to me here? Some passengers are no better. You could be banned for life from Uber.

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[05:47:41] 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 from Katmandu.

And, Arwa, it seems like these incidents, so many together, have really exposed the problems to the world that climbers face up there, as if simply climbing Everest wasn't difficult and terrifying enough. ARWA DAMON, CNN SENIOR INTERNATIONAL CORRESPONDENT: That's right, Michelle. And to add to those challenges -- those factors that you were listing there -- there's also the fact that more inexperienced climbers are able to get permits because, at the moment, the Nepalese government doesn't have an experience requirement. Anyone can basically go get a permit.

We spoke to Ian Stewart, an American, 34 years old. He had calculated that it would him about eight hours to get to the summit. Instead, it took him 12.

And here's how he described that moment when he realized he might not make it back down.

(BEGIN VIDEO CLIP)

IAN STEWART, AMERICAN CLIMBER: The first point of panic that 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've got to go.

I immediately got back in the queue to get down, as I mentioned, and very quickly got stuck at the -- at the top of the Hillary Step. And from there, it just felt like -- it was five or six hours -- it was just sort of -- not to be dramatic but, like, a race for my life.

(END VIDEO CLIP)

DAMON: And, Ian was very fortunate because a Sherpa who was part of his group came back up with another bottle of oxygen. But others that he met on the mountain, sadly, did die.

Now, the Nepalese government, Michelle, is saying that they are considering changing the requirements for permits and perhaps requiring that people at least prove a certain level of experience.

KOSINSKI: Yes. I wonder how many people these stories now will discourage from doing this unless they're extremely experienced. So, Arwa, thanks for shining a light on that.

BRIGGS: All right, 5:49 Eastern and a check on "CNN Business" this morning.

Checking out global markets, Asian markets closed lower. European markets have just opened.

[05:50:03] And 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 markets, sending the 10-year Treasury yield to the lowest levels since late-2017. The owner of Sears promised to pay millions of dollars in severance to employees who lost their jobs. Well, now he wants to get out of it.

Eddie Lampert, who bought 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 he cannot make the payments because Sears didn't spell out all its assets when Lampert agreed to buy Sears.

An advocacy group representing Sears workers says it's wrong for Lampert not to pay the promised severance.

Are you 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 voice recordings made from midnight that day until that very moment.

In a few weeks, users will also be able to delete their most recent requests by saying, "Alexa, delete what I just said."

The commands were part of a larger push toward privacy.

We'll be right back.

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[05:55:26] BRIGGS: A frightening incident at last night's 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.

The girl in tears as she was carried out of the ballpark. Between innings, Almora was consoled by a security guard as he began crying and covering his face with his glove. Almora still emotional after the game.

(BEGIN VIDEO CLIP)

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.

Just prayers right now. That's all I really can control.

(END VIDEO CLIP)

BRIGGS: The Astros, in a statement, said the girl was taken to a 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 dugouts. KOSINSKI: What a sweet guy he is.

BRIGGS: Yes, very concerned.

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. lags behind other countries when it comes to embracing mobile payments. Retailers still prefer cash or credit cards and balk at the high cost of switching to contactless pay.

(BEGIN VIDEO CLIP)

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

(END VIDEO CLIP)

BRIGGS: Death, taxes, and James winning -- the 30th straight "JEOPARDY!" win for James Holzhauer. He's now less than $200,000 away from the all-time record for "JEOPARDY!" winnings.

"JEOPARDY!" host Alex Trebek, meanwhile, on a winning streak of his own. Trebek revealing he's in near remission after announcing in March he was diagnosed with stage four pancreatic cancer.

The 5-year survival rate is nine percent but the 78-year-old Trebek tells "People" magazine, "It's kind of mind-boggling. The doctors said they hadn't seen this kind of positive result in their memory."

Trebek has several more rounds of chemotherapy before he can be declared fully in remission.

KOSINSKI: Some more good news. The smallest baby ever born is out of the hospital and doing fine this morning. Baby Saybie, as they called her in the hospital, was only 8.6 ounces when she was delivered last December in San Diego at 23 weeks and three days.

Saybie's mother had to undergo an emergency C-section when doctors realized the baby was not gaining weight and her mom's life was at risk.

Saybie was released from the hospital yesterday weighing a healthy 5.6 pounds.

BRIGGS: 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.

Uber did not disclose what the rating threshold would be for riders who risk getting kicked to the curb. A spokesperson tells CNN it will vary city by city.

Just remember, do not be Michelle Kosinski. You will get banned by Uber.

KOSINSKI: I was banned for five minutes and I think -- I think I'm trying to fake them out.

BRIGGS: You're back, though.

KOSINSKI: I'm back.

BRIGGS: OK -- all right.

KOSINSKI: It depends on who you talk to over there, apparently.

BRIGGS: Well, there's always Lyft for you.

KOSINSKI: One guy bans me and the next person apologizes, so there.

Well, thanks for joining us. I'm Michelle Kosinski.

BRIGGS: I'm Dave Briggs. "NEW DAY" starts right now.

(BEGIN VIDEO CLIP)

MUELLER: Under longstanding department policy, a president cannot be charged with a federal crime while he is in office.

UNIDENTIFIED MALE: If the report speaks for itself, why'd you have to do a press conference?

UNIDENTIFIED MALE: Mr. Mueller will testify, he will be compelled to testify, and he will be accountable to the American people.

UNIDENTIFIED FEMALE: The first things I thought of was war zone.

UNIDENTIFIED MALE: More severe weather from the Plains to the East Coast.

UNIDENTIFIED MALE: The river is going to increase over the next few days.

UNIDENTIFIED MALE: I've been watching this thing for three or four days and just every day, it gets higher and higher and higher.

(END VIDEO CLIP)

ANNOUNCER: This is NEW DAY with Alisyn Camerota and John Berman.

JOHN BERMAN, CNN ANCHOR: Welcome to our viewers in the United States and all around the world. This is NEW DAY. It's Thursday.

END