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Early Start with John Berman and Zoraida Sambolin

Soon: Trump Org CFO Weisselberg to Turn Himself in to D.A.; Pennsylvania Supreme Court Overturns Cosby's Sex Assault Conviction; Florida Rescuers Find Bodies of Two Children, Death Toll Now 18; U.S. Days Away from Completing Afghanistan Troop Withdrawal. Aired 5-5:30a ET

Aired July 01, 2021 - 05:00   ET

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

[05:00:25]

LAURA JARRETT, CNN ANCHOR: Welcome to our viewers in the United States and all around the world. We have reports this morning from Surfside, Florida, Kabul, Shanghai and Istanbul. This is EARLY START. I'm Laura Jarrett.

WHITNEY WILD, CNN ANCHOR: And I'm Whitney Wild, in for Christine Romans. It's Thursday, July 1st. It's 5:00 a.m. here in New York.

JARRETT: A lot of news to get to this morning, a lot of legal news to get to this morning.

And at any moment now, we're waiting for Trump Organization CFO Allen Weisselberg to turn himself over to prosecutors in Manhattan.

Sources tell us that the Manhattan grand jury has indicted the former president's namesake company and its chief financial officer, the indictment is the first to charge the Trump Organization with criminal conduct. The D.A.'s investigation is part of a broader criminal probe into whether Trump's company undervalued its assets or at other times inflated its assets for financial gain.

Our senior legal affairs correspondent Paula Reid starts us off this morning.

(BEGIN VIDEOTAPE)

PAULA REID, CNN SENIOR LEGAL AFFAIRS CORRESPONDENT: Good morning.

A New York grand jury has returned charges against the Trump Organization and its long-time CFO, Allen Weisselberg.

Now, these charges are expected to contain allegations that both the company and employees like Weisselberg, they didn't properly disclose certain perks that were doled out to employees like free apartments, free cars, even free school tuition, and they did not pay proper taxes. The allegations here really stem from alleged tax crimes.

Now, it is very unusual to charge a company criminally for not paying taxes on company perks, especially because so many employees of different companies receive these kinds of perks. But we know that New York prosecutors, they have been engaging on a pressure campaign on Mr. Weisselberg to get him to cooperate, to get him to flip on his former boss, former President Trump.

Now, at this point, there's no indication that the former president or any member of his family will be charged. But we know that this investigation is active and ongoing. We expect that there will be court proceedings later this afternoon. But after that, this investigation continues.

Prosecutors will continue to press Mr. Weisselberg to cooperate. He's made it pretty clear he doesn't intend to do that. But sometimes, after criminal charges are filed, people change their mind, depending on the strength of the evidence.

So, again, at this point, no indication that the former president or any member of his family will be charged. But this investigation will continue after today -- Whitney and Laura.

(END VIDEOTAPE)

WILD: Paula Reid, thank you.

Bill Cosby is a free man this morning. In a surprise move, a divided Pennsylvania Supreme Court overturned his sexual assault conviction. Cosby spoke to CNN overnight.

But first here are a few of his accusers, all of whom are in a state of disbelieve today.

(BEGIN VIDEO CLIP)

CHELAN LASHA, COSBY ACCUSER: I'm totally overwhelmed when I got the call this morning, I felt like I was hit by a train, you know. He deserved to get what he gets because what he did was unjust. He's out on a technicality, but that doesn't change the fact that he is a predator.

PATRICIA LEARY STEUER, COSBY ACCUSER: Well, I'm sad, I'm feeling like this is a loss for me and other women who came forward. There were more than 63 of us who came forward in the end. I'm wondering what the purpose was of the 43 years of this ordeal and the trauma, the trauma that I had, and the trauma that my family endured as a result.

LISA-LOTT LUBLIN, COSBY ACCUSER: He's still professing that he's innocent, but he's not innocent. He is a notorious rapist. And he just got away with it.

And this just sets back victims for wanting to come forward and give their voice. Because they feel like if you have enough money and you have enough time and money to work with someone that will help you and you can pay them, you can get off just about on anything.

(END VIDEO CLIP)

JARRETT: So, how did this happen? Well, in 2005, the then district attorney in Montgomery County,

Pennsylvania, assured Cosby he would not be charged with sexually assaulting Andrea Constand. Constand later sued him in civil court. He admitted in depositions to giving Quaaludes to women that he wanted to have sex with believing that he wasn't going to be prosecuted for that testimony.

But that damning testimony was later used in a criminal trial against Cosby once a new prosecutor took over the case. The Pennsylvania Supreme Court ruling yesterday that the original prosecutor's deal with Cosby meant that he couldn't later be tried and his due process rights were violated.

Cosby spoke to CNN last night.

(BEGIN VIDEO CLIP)

BILL COSBY, CONVICTION OVERTURNED: I don't know if you've ever seen the -- the special on the fellow who shot Martin Luther King.

UNIDENTIFIED MALE: I believe I -- go ahead.

COSBY: There's an interview with the chief of police. And he says a guilty person knows more than anybody. Well, I'm not guilty so when I see what they're trying to put up and I'm saying this is not right.

(END VIDEO CLIP)

WILD: Social media lit up last night. Cosby was supported by his former TV wife Phylicia Rashad, her tweet cheering the court's decision. Receiving a fair amount of blowback on social media. In Howard University where Rashad is a newly appointed dean of fine arts condemned that tweet.

In 2018, Cosby was convicted of drugging and assaulting Andrew Constand and had been behind bars every since. Her attorneys say the ruling is disappointing and could discourage other survivors of sexual assault from coming forward.

So, let's turn to our lawyer here on the desk here.

So, Laura, just explain this. Because there's a lot of confusion about what exactly the Pennsylvania Supreme Court is saying. They are not saying he is innocent, but as one of the survivors said it's a technicality. Can you explain that?

JARRETT: So, I think it's important that you raise that distinction. The court is not saying he didn't do it. The court is saying you don't get to make a deal with a defendant, make them rely on that, and then do a bait-and-switch years later and say, oh, by the way that was a different prosecutor. The lower court thought, hey, the prosecutor here, Bruce Castor, who ends up being Trump's impeachment lawyer, by the way, they said Castor doesn't get to make that kind of a deal, the deal was never reduced to writing.

All he did was make a public statement, issue a press release saying that he wasn't going to prosecute Cosby. He says the reason he did that was to protect Andrea Constand thinking she wasn't going to go on the stand. The case wasn't strong enough, so, let's have her be able to sue him in civil court for money.

Now, she would say she didn't know about that deal, that doesn't make any sense, so I think there's a little bit of discrepancy. But the issue here is really about defendant's rights for the court. But, of course, you can't strip away all of the facts. There are dozens upon dozens of women who said Cosby assaulted them and they're the ones who feel their rights haven't been vindicated today.

WILD: So now what happens? Can he be tried on other victim accounts?

JARRETT: The court in this case is saying you cannot try him again on Andrea Constand's case, right? This case cannot be tried again by the prosecutors.

Now that doesn't mean any. Other dozens upon dozens of women who have alleged that he raped them or assaulted them could come forward. Remember, there's a statue of limitations here, right, that he can't sue for rape in perpetuity. So the idea that anybody is going to be actually vicinity indicated here that he's actually going to be retried on any charges appears pretty slim.

A lot of these allegations date back to the '70s, the statute has well since passed.

WILD: Right, and especially he's already served. So, I think his original sentence was three to 10 years. So, he's already served three years.

JARRETT: Yeah, he's in his 80s. This is probably the end of the road for Cosby in court.

WILD: Right. All right. Laura, thank you.

All right. Meanwhile, Britney Spears remains under control of a conservatorship that she calls frankly abusive. The pop star's request to have her father removed as a co-conservator for her $60 million estate has been denied at least for now. The request was first filed by Spears' attorney last November. The decision is not a result of singer's emotional testimony last week. That's important to know.

JARRETT: Spears in part said she's being bullied by this conservatorship, and specifically her father Jamie Spears. Mr. Spears is asking the court to investigate his daughter's claims of abuse, including her allegations that she was forced to perform and take medication and birth control against her will. He's asking the court to determine what corrective actions if any are needed now.

WILD: President Biden heading to surfside, Florida, this morning, to meet with families who are just in agony over the loss of their loved ones. This is a week after the condo collapse. That story, next.

(COMMERCIAL BREAK)

[05:13:26]

WILD: The tragedy in Surfside, Florida, grows by the day. The bodies of two children, ages 4 and 10 years old have been found in the Surfside condo rubble as the death toll rises to 18. A total of 148 are unaccounted for with hopes of survivors fading.

President Biden heads there today.

CNN's Rosa Flores is live in Surfside, Florida.

So, Rosa, what happens today?

ROSA FLORES, CNN CORRESPONDENT: Well, Whitney, good morning.

President Joe Biden and the first lady are expected to be briefed later today. Now, in that briefing, we're expecting local officials and also Florida Governor Ron DeSantis.

After that, the first couple is expected to thank first responders and also rescue teams. And then this afternoon, later this afternoon, President Joe Biden and the first lady will be meeting with families. Families, of course, forced into this tragedy, a week ago today. Some of them mourning the lives their loved ones.

The National Institute of Standards and Technology launched an investigation. Now, this is a fact-finding mission, is what they said. Not a fault-finding mission. The goal here, they explained, is to improve building codes and to improve standards and practices.

Now, so far, at least three lawsuits have been filed. And the subpoenas go out and attorneys begin their own investigations. We're learning about potential red flags from years ago, including a complaint from one resident who complained about leaks in the garage.

[05:15:04]

Also, a 2018 photograph is emerging that shows cracks in the concrete, in the pool equipment room. It looks very similar to the area shown in a photograph published by "The Miami Herald" that was shot about 36 hour before the collapse. It's important to note that the condo association tells CNN it does not comment on pending litigation.

And then there's this, video shot moments before the collapse, that shows water gushing from the garage. As for the rescue efforts, those are ongoing. I can tell you from being here from day one, that as the days go by, officials here are becoming more and more emotional.

Take a listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: This is not a local event. It's not a regional, a state, not a national. It's an international event. You know, I was talking to one of the firefighters and we were talking about the building. They said, Jimmy, don't forget there's people -- there's people that were living there. They moved to this country, they want to be Americans.

So, it carries a little different attachment because Miami is such a gateway to the greatest place in the world to live.

When you cover this, when you repeat how heroic their efforts are, they don't watch TV. But their wives do, their moms and dads do, their kids do. They call in and check in at home, and they feed off of that. It's also a great way you help them to have the nourishment to do their job.

(END VIDEO CLIP)

FLORES: Now, Whitney, there's so much emotion here in surfside. And now that the deceased include two children, even more emotion is pouring out here.

I had a conversation late last night, after the identities of those children were released. I had a conversation with the Miami-Dade public school superintendent. Alberto Carvalho, he tells me that 17 of his students lived in this building. He's been able to speak to 15. One of the deceased is one of his students. The other student is still unaccounted for.

He tells me, he, his staff, the entire district, are devastated. Their hearts are heavy as more and more information is being released. They're, of course, praying for the other child that's unaccounted for.

So, President Joe Biden and the first lady will probably have a very, very emotional day here in Surfside. Even though hope is still here, hope is still alive. We know that the search and rescue continues, but this is definitely a community in mourning -- Whitney.

WILD: Our only hope now is that they can find any small bit of peace in this heartbreak.

Rosa Flores, thank you.

JARRETT: All right. Does ending America's longest war mean a new civil war in Afghanistan? As CNN is live on the ground in Kabul. That's next.

(COMMERCIAL BREAK)

[05:22:32]

JARRETT: Welcome back.

U.S. troops could be out of Afghanistan in just a matter of days, and the security situation there is unraveling fast.

CNN's Anna Coren is live in Kabul, Afghanistan with more on this.

Anna, good morning.

The Taliban appear to be gaining even more ground now. What more are you learning?

ANNA COREN, CNN INTERNATIONAL CORRESPONDENT: Yeah. It got real momentum, Laura and that is certainly alarming, alarming for the people here who have lived until Afghanistan for the past 20 years with the U.S. troops in country. That is now coming to an end within a matter of days.

Speaking to local Afghan people have known now for more than ten years, they have said they feel a real sense of disbelief and abandonment. They knew that U.S. force has to leave eventually, but this is being brought forward. The deadline is set for September 11. And now they could be out within days.

They said we knew they couldn't stay forever, but now is newt the right time to leave Afghanistan, considering the advances that the Taliban are making. They've launched the offenses around the country, but particularly in the north, where previously they have been met with resistance. Now, they are gaining, you know, vast enough of territory.

It works out to be more than 100 of 370 districts. That translates to more than 50 percent of territory. They haven't taken any capitals as yet, but they are certainly are encroaching. I mean, we are here in Kabul, the Taliban is some 10, 15 kilometers away.

So it is getting closer and closer. There was that U.S. intelligence report that said that the Afghanistan government could fall within six months after U.S. troops leave. The Afghan government denies that, saying they have 300,000 Afghan national security forces who will defend the city, defend the provincial capitals.

And, obviously, President Biden said it's now up to the Afghans to decide their own future.

America isn't just walking away. They're going to leave 1,000 troops in country to protect the embassy and secure the airport. But they're also committing $3.3 billion in security assistance. They will continue to fund the government, to fund the national security forces who are trying to, obviously, push back the Taliban.

But, you know, one human rights lawyer I spoke to, Laura, said its rapid withdrawal -- and she's American -- she said it's reprehensible, particularly for what this means for women and young girls who have made huge advances in the last 20 years.

[05:25:12]

The fear is that the Taliban will return to power and all of those strides and efforts and advancements will just unravel in a heartbeat -- Laura.

JARRETT: That would be a real shame indeed. A lot of questions here about the fallout.

Anna Coren, thank you so much for being there for us. WILD: We have some actual results in the New York City mayoral

primary, but fallout from the epic failure this week is just beginning. That story, next.

(COMMERCIAL BREAK)

JARRETT: Good morning, everyone. This is EARLY START. I'm Laura Jarrett.

WILD: I'm Whitney Wild. Twenty-nine minutes -- 30 minutes now.