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Sen. Mitch McConnell Says, 1/6 a Violent Insurrection to Prevent Power Transfer; Rogan Says, Backlash Over My Use of Slurs Political Hit Job; Democratic Congresswoman Says, Republican Poked me, Said Kiss My A**. Aired 7-7:30a ET

Aired February 09, 2022 - 07:00   ET

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

[07:00:01]

CHAD MYERS, CNN METEOROLOGIST: Your normal high is 47. I think you could take that. Brianna?

BRIANNA KEILAR, CNN ANCHOR: Barely, Chad. Barely. All right, thanks, Chad.

MYERS: You're welcome.

KEILAR: And New Day continues right now.

Welcome to our viewers in the United States and around the world. It is Wednesday, February 9th. And the most powerful Republican in the Senate is telling the truth, calling it like it is, saying that January 6th was a violent insurrection. And in doing so, he is very publicly rebuking many inside his own party.

Mitch McConnell blasting the Republican Party for its censure of Liz Cheney and Adam Kinzinger and its characterization of the January 6th attack as, quote, ordinary citizens engaged in legitimate political discourse.

McConnell, as a point of emphasis, using that I word.

(BEGIN VIDEO CLIP)

SEN. MITCH MCCONNELL (R-KY): We all were here. We saw what happened. It was a violent insurrection for the purpose of trying to prevent the peaceful transfer of power after a legitimately certified election.

(END VIDEO CLIP)

JOHN BERMAN, CNN ANCHOR: McConnell says the RNC went too far when it censured the two Republican lawmakers who both serve on the select January 6th committee. His rebuke puts him at odd with top Republicans in Congress, and puts him in odds with the RNC, the Republican National Committee, but also Kevin McCarthy, the House Republican leader, who defended the wording of the RNC censure resolution.

McCarthy told CNN somehow it was referring to committee subpoenas for RNC officials who were in Florida on January 6th, even though the censure makes no reference whatsoever to RNC officials who were in Florida on January 6th.

Joining us now, Senior Political Correspondent and the Anchor of Inside Politics Sunday Abby Phillip, and CNN Chief Legal Analyst Jeffrey Toobin.

Abby, this is a repudiation of Republican National Committee leadership, of House Republican leadership, not to mention conservative commentators who explicitly say there was no insurrection. So, what fissures to you does this expose within the Republican Party?

ABBY PHILLIP, CNN SENIOR POLITICAL CORRESPONDENT: Well, this is about those who want to signal to Trump that they love him, that they are aligned with him, and others like Mitch McConnell who want to win, who want to take over the control of the Senate, to win a majority in the House of Representatives.

I think that's really the bright line here. McConnell is a smart politician. He understands that this is bad politics. He also, I do think, genuinely believes this is stupid and perhaps like morally wrong as well because he did speak out against the insurrection when it happened. But at the same time, I think he is also clearly aware that this is really just aligning the Republican Party with crazy.

I mean, there's no way to get around it. The idea that you would put out a resolution that calls a violent insurrection that we all saw with our own eyes, legitimate political discourse, as many Republicans have said over the last few days, it's akin to political suicide, and I think McConnell is trying to right the ship right now.

KEILAR: And, Jeffrey, it's worth pointing out that in court, some Republicans are issuing defenses where that's what they're saying, this was not an insurrection. This undercuts that.

JEFFREY TOOBIN, CNN CHIEF LEGAL ANALYST: It does. I guess I'm just shocked by how low our expectations are for the Republican Party at this point for an official to say an event where 700 people have already been arrested, where individuals have been charged precisely with crime of insurrection is not a legitimate political discourse. I mean, the idea that it's a news story, and it's a big news story, that a Republican tells the truth is kind of shocking in and of itself. But, you know, this is where we are. And Mitch McConnell, by saying up is up and down is down, is making news.

BERMAN: And, Jeffrey, to the legal point there, when he calls it a violent insurrection, when he says, whose purpose was to prevent the legal transfer of power, he's describing a law that he saw being broken.

TOOBIN: He is. And that will not be admissible evidence. They can't call Mitch McConnell as an expert witness in the trial of the Oath Keepers if they all go to trial for insurrection, because that's precisely what they've been charged with. But I think it is bracing to have someone in the Republican side, someone who is ordinarily very supportive of all Republican priorities, including Republican presidents like Donald Trump, saying that this crime took place, and I saw it with my own eyes.

[07:05:13]

KEILAR: So, if you think that the language in that censure was severe and incorrect, we've learned from New York Times reporting, Abby, that it was actually even worse, right? It was instead of just legitimate political discourse, it initially said nonviolent and legal. So, that's revealing.

PHILLIP: Right. I mean, as I said, I mean, this is -- you know, our reporting is that this was a watered-down version of, as The New York Times was reporting, you know, pretty wild attempt to whitewash January 6th. But it was still pretty, you know, eye-opening for a lot of Republicans, and, again, endorsed by the guy in Mar-a-Lago. I mean, this was a censure attempt that he praised, praised the RNC chairwoman, Ronna McDaniel, for shepherding this into existence.

So, this is coming from, you know, a former president, who still to this day, to the point you were having that conversation Jeffrey a second ago, what former President Trump is trying to do is claim that all of these people who are being charged are being falsely persecuted for crimes that they did not commit.

For McConnell, to say what he said, for us to say, clearly, here on this program, they are being charged with violent crimes, with insurrection. And for McConnell to say that, it's a repudiation of everything that Trump is trying to do in Florida, which is to try to erase the crimes that were committed on that day, that people are doing jail time for and are being charged with, as we speak.

BERMAN: And, Abby, do have the video? Go ahead, Jeffrey.

TOOBIN: The former president is not just saying what they did was okay, he has promised or suggested that he is going to pardon them very explicitly. So, it's not just that he's offering rhetorical support for the insurrectionists, he is saying, if I get re-elected, I will offer the only kind of support I can give them, which is a get- out-of-jail-free card.

BERMAN: Do we have the video of Kevin McCarthy, Kevin McCarthy doing wind sprints?

KEILAR: The power walk.

BERMAN: Do we have that, guys?

KEILAR: Olympic-level power walk?

BERMAN: Kevin McCarthy -- here it is.

It was cardio day on Capitol Hill. Kevin McCarthy, Abby, like sprinting away from these questions, and, metaphorically, and the reason why I want to show this, sprinting away from Mitch McConnell. I mean, this does expose -- Mitch McConnell stepping up to the microphone, Kevin McCarthy running away. PHILLIP: There is no greater, you know, illustration of the difference between the politics in the House and the politics in the Senate. Kevin McCarthy is beholden to a Republican conference in the House that is probably as far right as it's ever been. You have got people like Marjorie Taylor Greene and Madison Cawthorn and others who he is beholden to who don't want him to give any quarter to any of this talk of insurrection.

On the other hand, Mitch McConnell is thinking about his Senate majority. He is thinking about the fact that his members have to run statewide in, you know, in some cases, in purple states. They have very different political prerogatives. And that's why you are seeing what you saw on the Hill yesterday.

KEILAR: Yes. Madison Cawthorn, who, his defense in court, is that it wasn't an insurrection. Real quick, Jeffrey?

TOOBIN: Just remember, Mitch McConnell, for all his criticism, he is the one who is stopping voting rights legislation that is the response to what has happened in the states after January 6th. All these states are making it harder to vote because of Donald Trump's lies, and Mitch McConnell is making it impossible to correct any of that. So, let's just remember what Mitch McConnell is doing in his day job as well.

PHILLIP: And he opposed the creation of the January 6th committee. We can't forget that either.

BERMAN: The bipartisan, the original independent commission.

PHILLIP: Exactly.

BERMAN: He almost single handedly kept that from happening.

PHILLIP: Yes.

KEILAR: Abby and Jeffrey, thank you to both of you. Of course, you catch Abby Sunday on Inside Politics.

BERMAN: So, this morning, you can see this huge shift around the country and it's partly a medical, partly a scientific shift, but also a political shift. Very shortly, New York's Democratic Governor Kathy Hochul is expected to announce she is lifting New York's indoor mask mandate, which ends a requirement that business ask customers for proof of full vaccination or require masks be worn at all times.

[07:10:01]

This is according to The New York Times.

Hochul's expected announcement comes today and it comes before the statewide mask order was set to expire tomorrow. Cases in New York continue to decline. And the move comes as more and more Democratic- led states have announced similar relaxation of COVID rules.

KEILAR: But some experts still recommend patience amid a growing push to lift mandates nationwide. They are citing cases and hospitalizations across the country and saying, look, they are still too high to make any guidance changes.

(BEGIN VIDEO CLIP)

DR. ROCHELLE WALENSKY, CDC DIRECTOR: We have always said the state and local jurisdictions are the ones responsible for those kinds of policies, for masking policies. Right now, our CDC guidance has not changed. We have and continue to recommend masking in areas of high and substantial transmission. That is essentially everywhere in the country in public indoor settings.

(END VIDEO CLIP)

KEILAR: So, it's not clear if New York's governor will address school mask mandates today when she speaks. But Democratic governors in New Jersey, Connecticut, Delaware, they have announced plans to lift school mask mandates in the coming weeks, does give school districts discretion, to be clear.

BERMAN: So, she asked him to wear a mask, he told her to kiss my ass. Congresswoman Joyce Beatty will join us live.

Joe Rogan now says he's a victim and slams the Spotify backlash as a political hit job.

KEILAR: And unholy act, this nun just stole $800,000 from a school.

BERMAN: I'll put my glasses on because I need to get a closer look at this.

KEILAR: She's going to prison. What did she do with all that moolah.

(COMMERCIAL BREAK)

[07:15:00]

KEILAR: Controversial podcast host Joe Rogan going on the offensive, Rogan is dismissing the furor over his past use of a racial slur, and he's playing the victim card.

(BEGIN VIDEO CLIP)

JOE ROGAN, HOST, THE JOE ROGAN EXPERIENCE PODCAST (voice over): In a lot of ways, like this is all a relief, because that video had always been out there. It's like this is a political hit job, and so they're taking all of this stuff that I've ever said that's wrong and smushing it all together. It's good because it makes me address some (BLEEP) that I really wish wasn't out there.

(END VIDEO CLIP)

KEILAR: Joining us now is CNN Chief Media Correspondent Brian Stelter, who, of course, is also the host of Reliable Sources. What do you think of his going on the offense?

BRIAN STELTER, CNN CHIEF MEDIA CORRESPONDENT: Well, almost everything these days is political. So, yes, there is a liberal group that ties to a Democratic super PAC that did help make this video of Rogan go viral last week. But the video is of Rogan. He's not claiming it was doctored. He really did use the N word not once or twice but many times in the past. So, he can look at the roots of this say, well, they're trying to make noise about me because they don't like me politically. They're trying to take me out. But he also has to own the words he used.

And to his credit, he does. He seems genuine about his apology. I don't have any reason to doubt that. However, he should recognize he's operating in an environment where he thinks there are no rules, no standards, nothing. He's working for a giant company, Spotify, where there is incredible pressure on Spotify, not from liberal critics, not from politicians but its own employees. That's the interesting part of this story. The employees are revolting against Rogan. And we will find out if any subscribers are canceling as a result. So, I would say this story is not over, not by a long shot.

BERMAN: The stock price has taken a hit.

Listen, Brian, there's a really interesting story that came to light that we first saw in the Reliable Sources newsletter.

STELTER: We love that.

BERMAN: And it has to do -- there are thousands of U.S. troops deploying to Europe right now dealing with what may happen with Russia as they further invade Ukraine. There are military reporters. What's the association?

KEILAR: Military Reporters and Editors Association.

BERMAN: Very much wants journalists to imbed with some of these troops. And right now, the response from the administration is, no. What's going on here?

STELTER: Not to provide any access. This is becoming more and more of a concern every day. I started hearing it over the weekend from reporters who are ready, wanting to deploy, wanting to imbed -- the term is, of course, imbed, remember this from the Iraq War.

BERMAN: I was an imbed in the Iraq War.

STELTER: Those traveling -- that's right -- with the troops, so that we as Americans were able to see what was happening. Why are imbeds not being sent right now? Why are they not being able to deploy with these troops in Europe? The Pentagon has been asked that question. They say there may be plans in the works but John Kirby has been noncommittal.

And we've been sensing this might be a White House issue, with the National Security Council, is trying to hold this up, that they may not want imbeds, to be a part of this and not be all along for the ride. But it is critical that journalists' eyes and ears are along, for whatever happened, as you know, John, from being there during the Iraq War. KEILAR: It was -- for you being there, it was essential to be the eyes. I mean, what would it have been without you and so many other reporters being there?

BERMAN: Right. I actually think the military at the time, in 2003, I think that viewers and readers got a ton out of it, and I also think the military got a lot out of it. It was a symbiotic relationship and there was a lot that was learned on both sides. It was very revealing.

STELTER: Well, that's why we're trying to call this out right now. It's been several days. The Pentagon has not been committal. And, ultimately, this is about transparency. The Biden administration has committed to being more transparent than the Trump administration. But in this case, we haven't seen that yet.

KEILAR: You said this is an NSC, like a National Security Council reticence to do this?

STELTER: That's the suspicion among the Pentagon Press Corps, yes.

KEILAR: Why?

STELTER: That I don't know. That is a mystery. And there may not be a good answer.

BERMAN: So, on the subject of journalism, which you cover as well, as anyone, there is a huge lawsuit right now, which has major implications for the industry, Sarah Palin against The New York Times. Where are we against that?

STELTER: This is happening in Downtown right now and we're at the pivotal stage in the trial. Sarah Palin is saying she was defamed by The New York Times, and New York Times saying, no, we just made an innocent mistake. But what's the question here is the idea of actual malice, that if you knowingly write something that is false or you're recklessly disregarding the truth, then someone like Palin, public figure, can sue and potentially win.

[09:20:02]

It's still going to be hard for her to win. The conservatives have been trying to challenge the rules of the road in journalism that allow us to write about public figures and write just about anything as long as we're not making it up on purpose. She's basically The Times made it up on purpose to hurt me. And that's what's being fought in this trial right now, the editorial page editor, James Bennett, taking the stand yesterday and, again, today, saying, I apologize, I am sorry, this was my fault, but we weren't doing it on purpose. And this is going to be a battle in the days to come.

We're going to be hearing more about this case as it heads toward a verdict, because there are -- what's at stake here is this principle that news outlets can report on public figures and do so thoroughly and sometimes make mistakes and correct them. That's what The Times said happened. But Palin says, no, this was on purpose.

KEILAR: Real quick, if she loses, does she still kind of win?

STELTER: If she loses, she appeals. And it starts to head toward the appeals court. And if she gets to the Supreme Court, we could see a real change in how newsrooms have to function in the future, but that's years away.

KEILAR: And She will have so many visibility fighting The New York Times, which she will love.

STELTER: That's a great point.

KEILAR: Brian, thank you so much. You can watch Brian Sunday at 11:00 A.M. And, of course, read the newsletter. It's awesome.

A dramatic testimony in the preliminary hearing for the parents of the Michigan high school shooting suspect, Ethan Crumbley, a police detective revealing some chilling texts from Jennifer Crumbley on the day of the attack. He says, the last text that she sent to her son read, Ethan, don't do it.

CNN's Shimon Prokupecz is joining us now on this. Shimon, tell us what you've learned.

SHIMON PROKUPECZ, CNN CRIME AND JUSTICE CORRESPONDENT: Yes. Brianna, really, these text messages giving us a picture inside that day, communications between a mother, her boss, other people. Prosecutors are trying to argue that this reveals that she cared more, a mother cared more about her own well-being than her son.

(BEGIN VIDEOTAPE)

PROKUPECZ (voice over): Jennifer and James Crumbley appearing in a Michigan court in shackles more than two months after their son, Ethan Crumbley, allegedly opened fire at Oxford High School killing four students and injuring seven people.

The parents both accused of involuntary manslaughter for allegedly giving their son a firearm and ignoring clear warning signs that he was a threat to others. They have pleaded not guilty.

The preliminary hearing expected to last several days will determine whether the case proceeds to trial. Oakland County prosecutors introduced text messages from the day of the shooting. That day, Oakland County Sheriff's Detective Edward Wagrowski testified, Jennifer Crumbley sent a copy of a disturbing drawing their son made to James Crumbley with a message that read --

UNIDENTIFIED MALE: Call now. Emergency. And that was in all caps.

UNIDENTIFIED MALE: And then what is this last post here, the first post on page 2,046.

UNIDENTIFIED MALE: James' responded with, my God, WTF.

UNIDENTIFIED MALE: And then what is this last post here, the first post on 2046. UNIDENTIFIED MALE: Jennifer saying, I'm very concerned. At 10:12, she said, headed to the school.

PROKUPECZ: After reports of the shooting, James Crumbley reported his gun missing. His 911 call was played in court.

UNIDENTIFIED MALE: I have a missing gun and my son is at the school.

PROKUPECZ: He also told the 911 dispatcher that they had met a school counselor that morning.

UNIDENTIFIED FEMALE: 911, what's the location of your emergency?

PROKUPECZ: As prosecutors played that 911 call, Jennifer Crumbley broke down in tears.

Other text messages showed Jennifer Crumbley told her boss, Andrew Smith, about the missing gun, on the day of the shooting, quote, the gun is gone and so are the bullets. Smith says, quote, I'm praying everything is okay. She later texted Smith again saying, quote, oh, my God, Andy, he's going to kill himself. He must be the shooter. And later, Ethan did it.

Smith also testified Tuesday.

UNIDENTIFIED MALE: We didn't know what was going on. We were really concerned, greatly concerned and shocked at what we were learning.

PROKUPECZ: Prosecutors attempting to show the parents were unconcerned about others, also introducing a text that showed Jennifer Crumbley was more concerned about her job than those who lost their lives, Smith testifying she texted.

UNIDENTIFIED MALE: I need my job. Please don't judge me for what my son did. And I thought she would be more concerned about what going on.

PROKUPECZ: Jennifer Crumbley's defense attorney says her concerns were appropriate because she was the bread winner in the family and would need the money to pay for an attorney. Two other former coworkers also testified, telling the judge that she did not speak often about her son. But once, she voiced her concerns about him after a friend moved away.

UNIDENTIFIED FEMALE: She was just concerned that he would be alone, not having him.

PROKUPECZ: Another co worker noted Jennifer Crumbley mainly spoke about her two horses.

UNIDENTIFIED FEMALE: A few times she mentioned the horse was sick.

UNIDENTIFIED FEMALE: They run a horse farm.

PROKUPECZ: Kira Pennock, the owner of that horse farm, testified, saying she reached out to Jennifer Crumbley after the shooting. Jennifer Crumbley responding, quote, my son ruined so many lives today, later adding, quote, I wish we had warnings, something.

[07:25:10]

He's a good kid. They made a terrible decision.

(END VIDEOTAPE)

PROKUPECZ (on camera): Now, the preliminary hearing is expected to continue. They will be back in court at the end of the month on February 24th. Asked as to Ethan Crumbley, his case is also pending. His defense attorneys have indicated that they plan to launch an insanity defense.

KEILAR: All right. Shimon, thank you for sharing that with us, Shimon Prokupecz.

BERMAN: We have new video this morning of the tail-end of an altercation between two members of Congress. Democrat Joyce Beatty says that Republican Hal Rogers poked her in the back and told her, quote, "Kiss my ass," after she asked him to wear a mask before boarding the U.S. Capitol subway system. The video was taken just after the incident.

(BEGIN VIDEO CLIP)

REP. JOYCE BEATTY (D-OH): I'm a member of Congress, like you, and I'm a woman. You will not disrespect me. I will bring you up in front of ethics and everything else. You picked the wrong woman for that.

(END VIDEO CLIP)

BERMAN: This is the way Beatty described what happened. She wrote, today, while heading to the House floor for votes, I respectfully asked my colleague, Representative Hal Rogers, to put on a mask while boarding the train. He then poked my back, demanding I get on the train. When I asked him not to touch me, he responded, kiss my ass. This is the kind of disrespect we have been fighting for years, and indicative of the larger issue we have with GOP members flaunting health and safety mandates designed to keep us and our staff safe.

Joining us now is Joyce Beatty, Democratic congresswoman for Ohio and Chair of the Congressional Black Caucus. Chairwoman, thank you so much being with us.

What did that feel like in the moment?

BEATTY: Well, first of all, thank you so much for having me on this morning. You know, it was insulting. It angered me that he would have the nerve to poke me in my back. That was bad enough. And when I asked him not to touch me, after asking him politely to put his mask on, he then told me to kiss his ass.

And with that, I told him, I would not be disrespected, that I was a colleague of his and I was a black woman. And I wasn't going to be bullied by him. I actually told him he picked the wrong woman today because I was not going to be bullied, standing up for something that I thought was right because there was a mandated sign on the train that tells you if you ride, you have to put your mask on.

And so he chose to ride versus walk. We just the day before had stood out on the Capitol steps in respect and honor for some 900,000 people who have died because of COVID. So, I was in my place because the sign said wear a mask to ride. And there's only two cars you can ride on because of COVID. They blocked off all of the other cars.

BERMAN: Were you surprised he said what he said to you?

BEATTY: I was very surprised. To tell you the truth, I was very surprised. Because in asking him to put his mask on, please, for him to have that type of attitude is unacceptable.

But we are in a hyper partisan environment right now where people have gone rogue and they think they can say and do whatever they want to say, and I have no tolerance for bullying. And I also believe in civility. And that's why I think it is important for me to express that this is not acceptable.

BERMAN: So, he did apologize. He wrote a statement that said this afternoon, I met with Congresswoman Beatty to personally apologize. My words were not acceptable, and I expressed my regret to her, first and foremost. Can you tell us what happened in that meeting?

BEATTY: Well, yes. What happened was I had gone to our leadership. I had also gone to the sergeant at arms. And I said I'm demanding an apology. And so he did not come forth at first. And our leadership, Leader Steny Hoyer, went over and talked with some of his colleagues and their leadership and him, and they said he would come over and apologize.

And so when he came to the floor to apologize, mind you, without a mask on, I stepped back. And as he reached out to touch my arm, I said don't touch me, and I moved back because he didn't have a mask on. And so with that, he mumbled some words, and I told leadership, it wasn't acceptable. I wanted a public apology.

[07:30:00]

And then Speaker Pelosi said if you insult high-profile, you have to do a high-profile apology.