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Early Start with John Berman and Zoraida Sambolin

Congress to Vote on January 6 Commission But Republican Resist; NYS AG Announces Criminal Investigation Into Trump Organization; Israeli Forces Tried Unsuccessfully to Kill Hamas Leader Twice; Fully Vaccinated New Yorkers Can Go Mask-Free Starting Today; Jayson Tatum Scores 50, Leads Celtics Into Playoffs. Aired 5-5:30a ET

Aired May 19, 2021 - 05:00   ET

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


[05:00:18]

CHRISTINE ROMANS, CNN ANCHOR: All right. Good morning. Welcome to our viewers in the United States and all around the world. This is EARLY START. I'm Christine Romans.

LAURA JARRETT, CNN ANCHOR: Hey, good morning, Christine. I'm Laura Jarrett. It's Wednesday, May 19th. It's 5:00 a.m. here in New York.

We begin this morning with a big extension of the big lie expanding coast to coast.

Today, House lawmakers are set to vote on legislation to establish a bipartisan commission to investigate the insurrection at the U.S. Capitol, but Republicans who was lives were put in danger by that mob are reluctant to learn more. CNN has new reporting this morning on what House Minority Leader Kevin McCarthy is thinking and why he's against it.

ROMANS: In Arizona, the Senate president says that state's 2020 recount, in air quotes, will proceed, despite angry objections from Maricopa County officials. All of this underscoring that the future of elections is at stake here.

CNN's Daniella Diaz live on Capitol Hill with more.

Good morning.

DANIELLA DIAZ, CNN CONGRESSIONAL REPORTER: Good morning, Christine. Good morning, Laura.

That's right. The House is going to vote today on this 9/11-style commission to investigate the events leading up to and the day of the insurrection on January 6. It's expected to pass even though Republican leaders are openly against this happening. And their conference voting -- they want their conference to vote against this.

But, look, the bigger picture that House Minority Leader Kevin McCarthy is against this. He came out against this yesterday morning and said in a closed-door briefing with his members yesterday that he is against the scope of this investigation, this commission to investigate the insurrection, even though ranking member of the House Homeland Security John Katko negotiated in good faith with Democrats on this issue. You know, McCarthy gave him permission to do this and is now against the commission.

But, look, McCarthy, McConnell have both said that they are, you know, against the scope of this investigation, McCarthy has said that he was even hoping that it would include some of the violence that happened last summer. And with the George Floyd protests and it's unclear right now where this stands in the Senate.

ROMANS: So even -- it's unclear where it stands in the Senate. So even if the bill does pass the House, the future, it's in doubt. Explain why.

DIAZ: Well, first of all, House Minority Leader Mitch McConnell -- I'm sorry, Senate Minority Leader Mitch McConnell won't say where he stands on this. He says he's undecided.

And (AUDIO GAP) was a little more forthright, saying he wasn't sure what's going to happen, whether this is uncertain in the Senate. But this all comes from House Minority Leader Kevin McCarthy saying he was against this, he's opposed to this happening.

And, look, this all comes down to Republicans in the Senate or -- excuse me -- Democrats in the Senate need ten Republicans to sign on to support this legislation to break the 60-vote threshold for it to pass and right now, it's just unclear whether that's going to happen -- Christine.

ROMANS: All right. We know you will keep on it for us. Thank you so much, Daniella.

One obvious question, will Trump be called to testify? Any witness needs bipartisan approval if this commission is formed?

Daniella, thank you for that.

Laura?

JARRETT: All right. Meantime, in Arizona, the Republican president of the Arizona Senate is pushing forward with this sham audit of election results in Maricopa County, that's despite furious local GOP leaders saying it undermines democracy.

Here is the Maricopa County recorder on CNN last night.

(BEGIN VIDEO CLIP)

DON LEMON, CNN HOST, "CNN TONIGHT": When these auditors are looking for things like traces of bamboo on ballots, what is the craziest conspiracy theory you've heard? Is that it?

STEPHEN RICHER, MARICOPA COUNTY RECORDER: No.

LEMON: Oh. RICHER: No, the craziest conspiracy theory by far is that one of the

board of supervisors who happens to own a very large chicken farm took ballots from the 2020 election, fed them to 165,000 chickens and then had them incinerated.

(END VIDEO CLIP)

ROMANS: Sorry, guys, but, you know, come on.

The Arizona Senate president claims the audit of nearly 2.1 million ballots is necessary to answer constituent questions -- questions that are based on lies.

Reminder, the Florida-based company Cyber Ninjas whose chief has supported baseless voter fraud claims is conducting the recount.

Laura, I don't even want to call it a recount.

JARRETT: Right.

ROMANS: It's essentially what you're hearing from these elected Republican officials who actually do the work of elections, this is some sort of conspiracy theory performance art happening in Arizona right now and it could undermine democracy.

JARRETT: It's a complete farce and a waste of resources, frankly.

All right. The Trump Organization facing more legal pressure this morning. The New York attorney general's office now joining forces with the Manhattan district attorney's office in an active criminal investigation.

[05:05:05]

CNN first reported last night the AG's office informed the company in recent days its ongoing probe, quote, is no longer purely civil in nature.

For years, the two offices have been running these investigations in parallel and they are largely focused on whether Trump's company inflated the value of his properties to obtain more favorable low terms or lowered the value of his assets for tax purposes. Now, representatives for the Trump Organization did not respond to our request for comment on this.

ROMANS: All right. New overnight, CNN confirming Israeli Defense Forces tried twice to kill the military leader of Hamas during this current conflict and failed twice. Although the IDF says it successfully struck the Hamas tunnel system for a fifth night in a row as well as Islamic jihad terror targets.

Sources also tell CNN the call between President Biden and Israeli Prime Minister Benjamin Netanyahu was firmer in tone than the White House revealed publicly. The president warned the Israeli leader the pressure to publicly call for an end to the hostilities was growing.

CNN's Hadas Gold has the latest for us from Jerusalem.

We are now into the second week of this conflict, the worst conflict between the two in years.

HADAS GOLD, CNN CORRESPONDENT: That's right. And we are learning about attempted strikes on Mohammed Deif, which shouldn't be a surprise because Israel has been trying to get them. He's been on their most wanted list for more than 25 years. He's been deemed responsible for several terror attacks in Israel. He's actually been on the U.S. list of designated terrorists since 2015.

But he's proved to be very elusive. And we do know now that Israel has tried to target him twice since the operation began. One of the earlier strikes the Israeli military confirmed did target several people close to him but clearly, they haven't been able to reach him but they've been trying to. They've been trying to degrade Hamas to the point that they say -- the Israeli military says will set them back years.

They see every target every day of this operation buying the Israeli military more quiet because as they target these rocket launcher pads, these tunnels, the homes and operations centers of these Hamas commanders, they think it buys them more time of quiet and that's why they want to continue this military campaign and that's why, from my sources, my conversations that I'm having here, they feel as though they still have some time compared to the pressure they're receiving from the international community and from Americans.

As you noted, the Americans mentioning -- President Joe Biden mentioning the cease fires but not demanding one. The Israelis feel they have some time to reach their military objectives. We are seeing what this is causing to civilians and people on both sides of this conflict.

We understand that yesterday the Palestinian news agency reporting that four civilians were killed in strikes, including a journalist for a radio station. The Israeli military has not yet commented on the situation but they always say that Hamas hides behind civilians and uses civilian infrastructure and that they tried to avoid civilian casualties. We have not heard official comment from the Israeli military on that situation.

So far more than 200 people have been killed in Gaza according to the Hamas-run ministry of health. In Israel yesterday, two more people were killed in -- because of a mortar launched from Gaza, hit an agricultural packing facility. That's bringing the death toll in Israel to 12.

And we know there are efforts still underway, diplomatic efforts to try to reach some sort of ceasefire. We know that Jordan, Egypt and France are all working together, but as of right now, we still do not any indication of a ceasefire. Red alert sirens are still going off in southern Israel and the Israeli military continues to strike Gaza.

ROMANS: All right. So much happening. All right. Hadas Gold, thank you for all of that. Laura?

JARRETT: All right. Still ahead, a clear overreach, the state order that drew a livid response from the mayor of Houston. That's next.

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[05:12:53]

JARRETT: More than a year after New York became the epicenter of coronavirus here in the U.S., it's taking a big step back to normal today.

EARLY START has the pandemic covered coast to coast.

(BEGIN VIDEOTAPE)

ERICA HILL, CNN NATIONAL CORRESPONDENT: As of this morning, masks are no longer mandatory inside for fully vaccinated New Yorkers. The state officially adopting that CDC guidance today. Masks are still required in schools and on public transportation regardless of vaccination status.

And here in New York City the health commissioner recommends that we continue wearing face coverings inside until more people are vaccinated. Just under half of the city's adult population is fully vaccinated. Statewide, that number is 52 percent and just about 60 percent have had at least one shot.

ED LAVANDERA, CNN NATIONAL CORRESPONDENT: I'm Ed Lavandera in Dallas.

Once again, the governor of Texas is stirring up the political waters in the mask wearing debate. Governor Greg Abbott says that starting this Friday, no public entity will be allowed to issue mask mandates in this state and that Texas Public Schools will not be allowed to force teachers and students to wear masks after June 4th.

Once again, the governor being criticized heavily for not going -- not following the CDC guidelines that are in place that say people who are not fully vaccinated should continue wearing their masks.

STEPHANIE ELAM, CNN CORRESPONDENT: I'm Stephanie Elam in Los Angeles.

Norwegian Cruise Line is once again selling tickets for voyages to Alaska. The trips will begin in August and run through the end of the season. The company says it's optimistic that it can safely operate in U.S. waters once again by partnering with the Centers for Disease Control as well as local governments. All cruises came to a halt in the United States last March due to the pandemic.

JACQUELINE HOWARD, CNN CORRESPONDENT: I'm Jacqueline Howard in Atlanta.

New numbers show that more people in communities of color are getting vaccinated against COVID-19. The White House says that in the past two weeks 51 percent of those vaccinated in the U.S. were people of color, even though they represent only 40 percent of the general population.

[05:15:04]

This is encouraging news, health officials say, since vaccination rates have been generally lower in communities of color where COVID-19 has hit hard.

OMAR JIMENEZ, CNN CORRESPONDENT: I'm Omar Jimenez in Chicago.

And in yet another sign cities are trying to get back to normal this summer, Chicago has announced the return of its iconic music festival Lollapalooza and it's going to be back at full capacity the final weekend in July.

It does come with a few rules, though. You either have to be fully vaccinated to attend or get a negative COVID test within 24 hours of attending. It comes as the city citing CDC guidance lifts its mask requirements in most settings except for places like schools, hospitals and public transport.

(END VIDEOTAPE)

ROMANS: All right. Thanks to our reporters.

A federal appeals court has ruled that Louisiana police officers accused of beating an unarmed black man during an arrest in 2016, they enjoy so-called qualified immunity. That means they cannot be sued in civil court.

Now, the issue has come into sharp focus in the last year in debates on rethinking policing in this country and it's one of the main sticking points between Republican and Democratic lawmakers in passing the George Floyd Justice and Policing Act.

JARRETT: So, Christine, I think it's important for folks at home to understand how this worked. The doctrine essentially leaves you powerful to sue police for damages in civil court. We are not talking about criminal cases, but in civil court unless you can prove that the officers violated your clearly established rights.

What does that mean? You have to point to a Supreme Court case that has the exact same facts and say, see, this is my case.

So in the Louisiana case, the officers forced a man named Gregory Tucker on the ground. They punched him repeatedly. There is a scuffle and the question was whether he was resisting arrest and the police were justified in their use of force, as it is in so many cases.

Now, the lower court in that case rules in favor of Tucker finding qualified immunity couldn't shield the officers from being sued because he actually pointed to a case on point and said, hey, that's my exact case. The appeals court overturns that on Tuesday, disagreeing, finding the facts weren't exactly the same.

ROMANS: Yeah, this is an issue germane to the discussion happening right now in Washington about police reform. JARRETT: Yeah, huge issue. But, again, it's about civil damages.

ROMANS: All right. Laura, thank you.

You know, Amazon is extending its ban on police using its facial recognition software indefinitely now. Some police departments use facial recognition to find potential suspects but guess what? It is less accurate when identifying people of color leading to some being wrongly arrested.

JARRETT: All right. What better way to push an infrastructure plan than to drive home your point.

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[05:22:15]

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: We are at a great inflection point in American history. How we handle the next four to ten years is going to determine where we're going to be 30, 40, 50 years from now.

(END VIDEO CLIP)

ROMANS: In Detroit, an inflection point. President Biden there Tuesday with a hard sell on his once in a lifetime infrastructure plan casting it as key to beating China and defining what kind of country the U.S. will be. Biden said while talks with Republicans on infrastructure are ongoing, inaction not an option.

(BEGIN VIDEO CLIP)

BIDEN: Government, labor, industry working together have to step up. Transform our infrastructure. Our infrastructure is ranked like 38 in the world. This is the United States of America for God sake.

(END VIDEO CLIP)

ROMANS: Biden sees an American auto industry going electric and building those components in America so the U.S. doesn't fall behind other countries.

(BEGIN VIDEO CLIP)

BIDEN: This sucker is quick.

REPORTER: How does it drive?

(END VIDEO CLIP)

ROMANS: And the president took one of Ford's electric pickup trucks for a test drive. He claims his infrastructure proposal would create millions of good paying jobs and raise the standard of living across the country. JARRETT: I wonder how Secret Service felt about him driving that car

so fast.

All right. The NBA's first play-in tournament tips off with a huge performance by Celtics star Jayson Tatum.

Andy Scholes has more in this morning's "Bleacher Report".

Hey, Andy.

ANDY SCHOLES, CNN SPORTS CORRESPONDENT: Hey, good morning, Laura.

You know, the Celtics, they struggled to the finish line this season, losing ten of their final 15 games but their star Jayson Tatum making sure that they are not going home early.

Tatum catching fire in the second half, he led Boston on a 22-4 run to start the third quarter. Tatum finishing with 50 points in the 118-110 win over the Wizards. Boston claims the seven seed and will face the Nets in the first round. The Wizards now head to an elimination game for the eighth seed where they will face the Pacers.

Indiana pouncing on the Hornets from the get-go in this one. Doug McDermott had 14 points five minutes into the game. It's the most any player has scored in the first five minutes of the game this season, according to ESPN. Pacers would win this one easily, 144-117. The elimination game with the Wizards and the Pacers is tomorrow on TNT.

As for tonight, you couldn't ask for a better matchup, the NBA's two biggest stars squaring off. You got LeBron James and the Lakers against Steph Curry and the Warriors, playing for the seven seed. You also got Memphis and San Antonio in the nine-ten matchup in the Western Conference.

All right. To baseball. Detroit's Spencer Turnbull throwing a no- hitter last night against the Mariners. What a special night it was for Turnbull. Just two years ago, the 28-year-old led the Majors with 17 losses.

[05:25:02]

He had never gone seven innings in any of these previous 49 starts over three seasons but now he owns a no-hitter.

(BEGIN VIDEO CLIP)

SPENCER TURNBULL, FIRST CAREER NO-HITTER: I mean, it's just surreal. I don't really have words right now, but probably the best day, best night of my life to be honest with you. It's pretty freaking cool. It's absolutely surreal. Just trying to soak it in.

(END VIDEO CLIP)

SCHOLES: Turnbull is the fifth no hitter we have seen this season. Just the second time ever we have seen that many before June in baseball. You can see him getting the shaving cream in the face. The most no hitters we have ever seen in a season is eight back in

1884. We have a long way to go this year. Maybe we will be able to break that record.

JARRETT: Yeah, we'll see.

All right, Andy, thanks so much.

SCHOLES: All right.

JARRETT: All right. Still ahead, so she was told her home was worth around $100,000 in an appraisal. So she had an idea, what if she had a white friend stand in her place.

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