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Covid Protocols Not Deterring Flying; GOP Plans to Block Supreme Court Nominations; Manhattan D.A. Involved in Trump Case; A Look at the Potter, Maxwell and Holmes Cases; Covid Hits Sports; Dan Rapaport is Interviewed about Tiger Woods. Aired 6:30-7a ET

Aired December 20, 2021 - 06:30   ET

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

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[06:30:22]

JOHN BERMAN, CNN ANCHOR: So, big question this morning, the surge in Covid cases, how will they affect travel? One man has the answers.

CNN's Pete Muntean, the mayor of Reagan National Airport is there.

It's really interesting, though. You know, omicron perhaps surging in the United States. What kind of impact on travel is it having?

PETE MUNTEAN, CNN NATIONAL CORRESPONDENT: It's so interesting, John, because, you know, so many people right now are having that go, no go decision. And it's clear that millions are still going. You know, just look at the numbers. The TSA screened more than 2 million people a day on Thursday, on Friday, and on Saturday. We've not seen an above 2 million three-day stretch like this since the weekend of Thanksgiving.

In fact, Friday's number is the biggest number we have seen since the Monday after Thanksgiving. We will have to see what yesterday's number will bring. We'll get that number later on today. Although just judging from the long lines at airports across the country, no doubt it will be big. In Atlanta, in Austin, and in Boston, clearly people feel really confident about getting out right now.

But Dr. Anthony Fauci said you have to weigh the risks, especially given this variant's quick spread.

Here's what he said.

(BEGIN VIDEO CLIP)

DR. ANTHONY FAUCI, DIRECTOR, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES: Clearly, when you travel, there is always a risk of increased infection. That just goes with respiratory illnesses. But if people need to travel and want to travel for the obvious family reasons during this holiday season, if you're vaccinated and you're boosted, and you take care when you go into congregate settings like airports to make sure you continually wear your mask, you should be OK. But we are going to see breakthrough infections, Chuck, there's no doubt about that. (END VIDEO CLIP)

MUNTEAN: The data watch now, John, is Thursday. That is the day that the TSA says will be one of the busiest. We will see if these doubts in travel lead to any decline in these numbers. And airlines did say last week that the omicron variant was causing a bit of wavering in ticket bookings and cancellations were going up. Even still, this could be a huge holiday travel season. The TSA projects a total of 20 to 21 million will pass through airports across the country over 10 days. Numbers that rival 2019's numbers before the pandemic, John.

BERMAN: Well, wear your mask. You know, wear your mask. Be smart. If you have symptoms, don't travel. That's what the doctors are saying right now. Hopefully peopling will abide by that.

Pete Muntean, thank you very much.

So are Senate Republicans planning a replay of the Merrick Garland Supreme Court blockade? We have new CNN reporting ahead.

ERICA HILL, CNN ANCHOR: And, closing arguments set to begin in the Ghislaine Maxwell sex trafficking trial. How quickly could there be a verdict?

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[06:36:33]

HILL: New CNN reporting, Senate Republicans are poised to block anyone President Biden would pick to be a new Supreme Court justice if they take a majority in next year's midterm elections. Now, this comes as Democrats are anxiously waiting for Justice Stephen Breyer to announce his retirement plans.

CNN's Isaac Dovere is live in Washington with more this morning.

I guess in Some ways some folks may say well this is not much of a surprise, but give us more of the details here.

ISAAC DOVERE, CNN SENIOR REPORTER: Well, look, it's not just a concern for the midterms. We have a 50/50 Senate, as we all know, at this point. And there are several senators who are aging, some who have been in bad health, who could, their colleagues themselves fear, die and throw things into disarray even on this.

Republicans telling CNN, telling me and my colleague Manu Raju, that they would not likely move on a Biden nominee for the Supreme Court. And Senate Democrats saying that they are worried, and there's worries in the White House too, that if they push Stephen Breyer to retire too much publicly, he may push back and not retire just to show that he's not being political.

HILL: Really, you know, walking on egg shells at this point around Justice Breyer.

When it comes to the White House, where does the White House stand? DOVERE: Well, President Biden has been pretty firm that he doesn't

think it's his place to push for retirement. But, of course, he would like Stephen Breyer to retire so that they can secure this seat for the next generation. It's a tricky matter on a lot of fronts. Again, there's the back firing question and then there's the fact that Stephen Breyer is 83 years old. Joe Biden, planning to run for re- election when he'll be in his early 80s. There are a lot of factors at play here.

HILL: There certainly are. Well, it's great to have this new reporting.

Isaac, appreciate it this morning. Thank you.

DOVERE: OK. Thank you.

HILL: Chinese tennis star Peng Shuai now recanting her accusations of sexual assault by a Chinese official, which leaves even more people asking now, was she coerced?

BERMAN: And closing arguments begin today in the trial against former officer Kim Potter, who killed Daunte Wright during a traffic stop. Did you testimony on the stand help or hurt her defense?

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[06:42:29]

BERMAN: This morning, a CNN exclusive.

Manhattan's incoming district attorney, Alvin Bragg, says he plans to be personally involved in cases related to former President Donald Trump.

CNN's Kara Scannell joins us now.

Kara, you sat down with the incoming D.A. There have been a lot of questions about what he would do regarding these cases. You got some answers.

KARA SCANNELL, CNN REPORTER: I did, John.

You know, it was very interesting. A good interview with Alvin Bragg. He will be -- become the D.A. on January 1st. it does not appear as though Cy Vance, who is the current D.A., is going to make any charging decisions in this ongoing investigation into the former president and his company.

But I spoke with Bragg about this, and he indicated he has no plans to disrupt this investigation. He told me that he has asked one of the top attorneys who has been working on this case, Carey Dunne, who argued this to the Supreme Court, he asked him to stay and he is going to stay on. He also hopes that another top prosecutor, Mark Pomerantz, very experienced, who has been involved in the specific questioning of various witnesses, he's asked him to stay on. And he said that, you know, when he comes into office on January 1st

and he get fully briefed on this investigation, he'll, you know, evaluate the evidence, he'll take all of their knowledge and experience. He'll take his experience to bear. And he said he might even add people to the team. So it doesn't look like he's looking to shut down this investigation, even though he has quite a big agenda on his own.

You know, I also asked him, you know, this is a former president. This is a big deal for it -- to investigate him and possibly charge him. I asked him, how does he think about that? And he said, you know, he's been in these positions before, these big, high-profile type of cases. He said you have to just look at it and ask the question of, you know, would you bring this case otherwise? He said that will be the guiding principle.

You know, and also, you know, some people say this is a no-win situation. Some people will be, you know, happy if he charges the former president, but others will not. They'll say it's -- you know, it's politically motivated. That's certainly what the former president is saying. And he said, you just have to put your head down, do the work, and make the call.

You know, this is an historic election in that Bragg is the first African-American district attorney. He's taking office, you know, while there is rising crime, rising gun violence in New York. He has a big agenda to shake up the culture. And he brings a lot of his personal experience to bear. He grew up in Harlem. He's had guns pointed at him as a kid, including by police. So, he's trying to find the right balance here between holding police accountable and rethinking how certain crimes in New York are prosecuted and what the punishment of that will be.

John.

BERMAN: Kara Scannell bringing the news this morning. As I said, people have questions about this. Now you've got some answers. Thank you so much.

HILL: Three major trials across America coming to a close this week.

[06:45:02]

Former Police Officer Kimberly Potter, Jeffrey Epstein's associate, Ghislaine Maxwell, and former Theranos head, Elizabeth Holmes, all set to learn their fates.

Joining us now to take a look at all three, CNN legal analyst and criminal defense attorney Joey Jackson.

Good to see you this morning, my friend.

Let's start with the case out of Minnesota as we're looking at former Officer Kim Potter, who took the stand in her own defense on Friday. For folks who didn't see it, I just want to play part of that cross- examination. Take a -- take a listen.

(BEGIN VIDEO CLIP)

ERIN ELDRIDGE, HENNEPIN COUNTY ASSISTANT ATTORNEY GENERAL: You didn't make sure any officers knew what you had just done, right?

KIM POTTER, DEFENDANT: No.

ELDRIDGE: You didn't run down the street and try to save Daunte Wright's life, did you?

POTTER: No.

ELDRIDGE: You were focused on what you had done, because you had just killed somebody?

POTTER: I'm sorry about that. I'm so sorry.

(END VIDEO CLIP)

HILL: Joey, Kim Potter broke down multiple times, not just during cross-examination. She broke down as well with her own defense attorney. Bottom line, did this help or hurt the defense, do you think, to put the defendant on the stand?

JOEY JACKSON, CNN LEGAL ANALYST: Yes, Erica. Good to be with you. Good morning.

This was a devastating cross-examination. And so understand, I think, where the defense is going here. They're going for jury nullification. What does that mean? It means a jury has a right to get and understand that you've committed the underlying elements of the offense and excuse you for doing so. Why? Because they feel you're contrite. They can relate to you. They feel badly for you. That's the only way, Erica, the only way she gets out of this.

Why do I say that? I say that because she admitted to the underlying essence of what she's charged with. Like what? We know she's charged with the reckless use of her firearm. She made admissions. She didn't mean to do it. She made a mistake. She didn't mean to harm anybody. She feels badly about it. On the tape she's saying, I should kill myself. She's essentially admitting she was reckless in the use of a firearm.

She also admitted to being careless, right? She understands the protocols, the policies, the procedures. She's an officer for 26 years. She's done training herself repeatedly and she actually has trained others repeatedly. So she's admitted to everything.

Last point, that is the defense has been arguing that she had the right to use deadly force. Guess what, Erica, she said that she was not inclined to use deadly force and didn't think it was necessary. So all those admissions are devastating to her case. The issue is what the jury will really forgive her and give her a pass in light of the fact that she was crying, she was contrite and said that it didn't mean to happen and she felt miserably that it did.

HILL: We'll be watching for those closing arguments to start today.

Also closing arguments today in the trial of Ghislaine Maxwell. On the opposite end of the spectrum here, did not take the stand, telling the judge, the government has not proven its case.

What do you expect from these closing arguments?

JACKSON: You know, so there's always two narratives. And I think the narrative here from the prosecution will be consistent with what they've said the evidence is, and that is that you have these four young women, right, who are women now, who were girls at the time, as young as 14, saying that you, Ms. Maxwell, really enabled. And not only did you enable Jeffrey Epstein to do what he did in terms of the sexual molestation and abuse, but there are times that you participated in that. You knew what you were doing. You groomed these women. You facilitated everything that occurred. And you're responsible for that and you need to be held accountable for that. That's the prosecution.

The defense, Erica, on the other hand, will say, why are we holding her accountable for the bad acts of another who's not here? Why is it that she was ultimately indicted a year later and being brought to justice after Jeffrey Epstein, the person you really want, is not here. Why is it that the FBI agents that we called, the defense will say, discredited some accounts of what the actual accusers had said. And there was also a psychologist that the defense brought that said memories really could be re -- you know, sort of kind of you re-enact a memory, you gain an understanding of something, you understand it differently. The defense paid a lot of attention to that and really focused a lot of that on the jury.

So their narratives, the defense's, will be far different, saying, don't hold her accountable. She did nothing here. You wanted Jeffrey Epstein. She's the wrong target at the wrong time, and she's not guilty. We'll see which one of those two narratives carry the day when they render their conclusion.

HILL: Finally, this is a busy day for you, Joey, we're hitting all of these with you. So, finally, Elizabeth Holmes, the Theranos founder. There has been so much fascination and interest with this trial. I mean how do you see it playing out at this point? Because she did take the stand. And, actually, there was a lot of positive feedback.

JACKSON: Yes, you know, it was interesting, Erica, not only did she take the stand, but she took the stand for several days and about 24 hours of testimony. Very charismatic.

[06:50:01]

Remember, this is a person who at 19 dropped out of Stanford, who built a company, who was a billionaire, and who ultimately the debt came down in 2015 when regulators said, hey, this just isn't so. So it depends on whether the jury can connect. Remember, her attorneys have been a lot -- the defense attorneys, that is, have spent a lot of time saying that this is a person who really was developing and building a business, who gave up her youth to do it. And as a result of that, every investment is speculative, every investment takes risk. She really used her best business judgment and didn't mislead anyone.

We know the prosecution, ultimately, said, wait a second, she misled everyone. She gave false misrepresentation with respect to a product, what her product could do, with regard to what her company was all about. It was all built on lies.

So, again, those are the two conflicting narratives. If they related to her in those several days of testimony, I think, you know, she walks. But there's 11 counts here, and all the prosecution needs is one to get a conviction, all of which deal with fraud and conspiracy, which is you intended with another to commit fraud. So it's a heavy lift, but, you know, it can happen and she could walk. We'll see what a jury does.

HILL: It is going to be a fascinating week as we look at all these trials playing out. And we'll be calling on you, my friend.

Joey, thank you.

JACKSON: Thank you, Erica. Good to see you.

HILL: Taking a look at Covid this morning. The omicron variant now detected in at least 45 states. Up next, we'll speak to a doctor in South Africa who's been treating patients with the variant for several weeks. What's changed, if anything, in terms of the symptoms that she's seeing and who is getting infected.

BERMAN: And a remarkable comeback for Tiger Woods with someone special by his side. We'll speak to a reporter who followed them along the course.

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HILL: The surge in Covid cases really wreaking havoc with all of the major sports leagues.

Andy Scholes has this morning's "Bleacher Report" for us.

I mean, buckle up.

ANDY SCHOLES, CNN SPORTS CORRESPONDENT: Yes, I mean, Erica, it hasn't been looking good for the sports league as of late. You know, from basketball, to football, to hockey, the growing outbreaks sidelining a lot of players and forcing games to be postponed left and right.

The NHL has shut down seven teams in the past week due to the rising number of positive cases. Those teams are going to pause all activities through December 26th. The NHL also suspending all cross- border travel until after Christmas. That caused 12 games between the U.S. and Canada teams to be postponed. So far 35 games have been called off since last Monday.

The NBA, meanwhile, announcing yesterday the postponement of five games after multiple players and staff members tested positive. Three of the games were to be played yesterday. Tonight's Magic-Raptor's game and tomorrow's game between the Nets and the Wizards also postponed.

[06:55:03]

Kevin Durant, Giannis Antetokounmpo, Trae Young just a few of the many players right now that are in the league's health and safety protocols.

Now the NFL's answer to the latest outbreak is to test for Covid less. The league sending a memo to teams over the weekend saying that vaccinated players, coaches and staff will only be tested if they are symptomatic. The NFL says they're going to be monitoring symptoms more closely and will randomly test vaccinated individuals. Previously vaccinated individuals were tested once a week.

All right, now the Saints didn't have head coach Shawn Payton on the sideline last night against the Buccaneers due to a positive test, but New Orleans did have their defense. Tom Brady really struggling in this one. He was sacked four times, turned the ball over twice. Brady was shut out for the first time in 255 games. And Brady taking his frustration out on the tablets on the sidelines. The Saints won last night in that one 9-0.

And, Erica, the last time Tom Brady was shut out in a game, December 10, 2006. It's been a while.

HILL: It's been a while. It was a tough one for John Berman, too, let's be honest here.

SCHOLES: Yes, I mean, he's probably having a bad day.

HILL: I think the real -- the real pain is being felt by J.B.

Andy, thank you.

SCHOLES: All right.

BERMAN: I hate it when he throws things. It's going to be OK, Tom.

HILL: I do, too. It's not a good example, Berman.

BERMAN: It's going to be OK. That's the one thing I know for Tom Brady, always.

All right, a second place finish at the PNC Championship for Tiger Woods, his first time competing on a golf course since suffering serious leg injuries in a car crash earlier this year. The 15-time Major champion partnered with son, Charlie, in this two-day event in Orlando over the weekend. This is what Tiger said on what it was like to play again.

(BEGIN VIDEO CLIP)

TIGER WOODS, 15-TIME MAJOR CHAMPION: The competitive juices aren't -- they're never going to go away. This is my environment. This is what I've done my entire life. I'm just so thankful to be able to have this opportunity to do it again.

To push as hard as we have the last seven months with taking no days off and just working our butts off here each and every day, and to have this opportunity to be able to play with my son and to have these memories, you know, for us, both of us, for our lifetime, it's -- it's worth all the pain.

BERMAN: Joining me now is staff writer for "Golf Digest," Dan Rapaport, who was at the PNC Championship this weekend.

And, Dan, you tweeted yesterday, the most popular golfers in the world, number one, Tiger Woods, number two, Charlie Woods, number three, everyone else. This must have been something to see.

DAN RAPAPORT, STAFF WRITER, "GOLF DIGEST": It was really remarkable. For an event in the middle of December, which is usually golf's dead season, you know, this is an exhibition, a father/son tournament, basically, where there were two guys who were two young to drive and two guys over 80 years old. And all of a sudden everyone's glued to their television. It just was a reminder of the effect that Tiger Woods and now his son, Charlie, have on this game. When he's playing, there's a completely different feel, there's a completely different aura, there's a completely different buzz. And to see the two of them, matching red and black, making birdies down the stretch, especially given the year that Tiger had, it was really, truly a remarkable sight.

BERMAN: Look, and people remember back to this horrible accident, there were serious questions about whether he could walk, let alone play golf again.

Now, he did use a golf cart to get around, which you can't do when you're playing the PGA tournaments as the year goes on. Do you think he'll be able to do -- get back on the tour and walk the course as he will have to?

RAPAPORT: That's the -- that's the question. I think this week he showed that he still has the game. He still has all the shots. But playing golf on the PGA tour is not just hitting golf shots. I know people like to think of golf as this sort of easy sport where you just ride around. But it's -- it's physical. It's a physical thing on the PGA tour. You have to walk five days in a row, four days and a practice round. And it's uphill, and downhill, and you've got to hit shots out of the rough.

And, you know, what he did this weekend, while very, very impressive, he was hitting draws and fades and he had great distance control, his putting stroke looks good, not the same as playing on the PGA tour. So that's really what it comes down to. It's a very simple thing. Is he going to be able to get his leg to a place where he can walk a golf course five straight days? If he can do that, with the game that she showed this week, he will play on the PGA tour again. I have no doubt about that. It's just a function of whether he can get that leg to progress to that point and how long it's going to take. BERMAN: Yes, don't underestimate what that means, walking the course,

18 holes, five days in a row either after the accident he had. That could be serious.

But, based on what you saw, you know, swinging a golf club, making the shots, that can be hard on your body also. No issues there?

RAPAPORT: No issues there. And I think it's really telling what the two players that he played with said. One of them is Justin Thomas, who's a good buddy of his and one of the 10 best players in the world. He said, I'm so impressed. He said, to me it looked like a lot of the moves, a lot of the swings, they're already there. And then yesterday he played with Matt Kuchar, around guy who's around Tiger's age and has played a ton of golf with Tiger, and he said he couldn't stop gushing about how well Tiger hit the ball. He said, right now his swing and the quality of his contact, the quality of his actual shots is already PGA tour ready.

[07:00:02]

So, for him to be at this point, less than 10 months still after that accident, when it looked like he might lose his leg and