Return to Transcripts main page

New Day

Supreme Court Clerks Asked For Phone Records In Leak Probe; Wyoming Republican Responds To Trump Taking Aim At Liz Cheney; Nostalgia Brings Crowds Back As "Top Gun" Breaks Records. Aired 7:30- 8a ET

Aired May 31, 2022 - 07:30   ET

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

(COMMERCIAL BREAK)

[07:32:10]

JOHN BERMAN, CNN ANCHOR: New this morning, an exclusive to CNN. Supreme Court officials escalating their search for the source of the leaked draft decision that would overturn Roe versus Wade.

Let's get right to CNN's Joan Biskupic with this exclusive reporting. Joan, what have you learned?

JOAN BISKUPIC, CNN SUPREME COURT ANALYST: Well, they're certainly ramping up this search for who would have leaked this document to Politico. It's been four weeks now since Chief Justice John Roberts announced that he was launching an investigation. Apparently, insufficient progress has been made so they're now turning to the clerks, stepping up efforts to have them sign affidavits and to turn over cellphone records. This is a very aggressive move and it's raised some concerns among the clerks.

You know, John, how much information is on our cellphones and we don't know if they're just asking for calls or texts and images. But it does show how seriously the court is taking this and also how concerned it is about this breach and possible other disclosures over the next four weeks as the justices wrap up this term.

Now, already, this all happened in the most important case of this term, if not the most important case of decades -- one that would roll back a half-century of abortion rights and privacy protections. And one thing to know that as much as this draft has sort of shocked the country in both directions -- you know, people very happy with the direction that the court might be taking, and those who are just very much disturbed -- it's very much disrupting negotiations inside the court.

This draft was dated in February and the justices themselves are still trying to -- still working on potential compromises or maybe strengthening this draft.

So it's disruptive -- the leak -- the disclosure by Politico just a little bit over four weeks ago has just so rattled people inside and out. And apparently, they have made insufficient progress to figure out how this happened that they're now taking this dramatic step, John.

BERMAN: Cellphone records and affidavits.

Joan Biskupic, thank you so much for this exclusive reporting -- appreciate it.

BISKUPIC: Sure.

BERMAN: Joining us now, chief legal analyst Jeffrey Toobin. Jeffrey, what about this? Have you ever seen anything like this?

JEFFREY TOOBIN, CNN CHIEF LEGAL ANALYST (via Webex by Cisco): I mean, zero -- nothing like this. I mean, the Supreme Court has been an institution that prizes its secrecy, has preserved its secrecy, and now they are doing, apparently, a serious investigation.

I think it's important to point out this is not a criminal investigation. It is -- it is basically an employment situation where all these clerks are in danger of being fired, or anyone else is in danger of being fired if they leaked it. But I don't think there is any criminal dimension to this.

And these are not grand jury subpoenas. These are simply requests to the clerks. But as in employment situations, if you don't agree you can be fired. So, you could understand why the clerks are freaking out here.

[07:35:06]

BERMAN: They are, and many of them are considering lawyering up for this situation.

TOOBIN: Yes.

BERMAN: Jeffrey, another development overnight I want to ask you about because it's potentially significant, which is Peter Navarro, former White House adviser under former President Trump, has put out a statement saying that he has received a grand jury subpoena to testify about events surrounding January 6. What's the significance of this?

TOOBIN: Well, it -- again, Peter Navarro is an eccentric character and until we see the subpoena or until a lawyer has seen this subpoena -- he says he's representing himself -- we can't know exactly what's going on here.

But potentially, why it's so significant is that the Justice Department's January 6 investigation has been almost entirely focused on the people physically inside the Capitol -- the Proud Boys, the Oath Keepers. That side of the insurrection.

What the Justice Department has not done so far, as far as we know, is investigate the president and the people around him, and whether they instigated the insurrection. If, in fact, this is a grand jury subpoena for Peter Navarro to talk about what was going on in and around the White House on January 6, that would be a significant expansion of this investigation and one that gets much closer to President Trump.

BERMAN: He is a forward-facing, very public White House adviser called to testify potentially about the substance surrounding January 6, which is something we haven't exactly seen before, at least not named before, Jeffrey. We know that Navarro is wrapped up in potential contempt referrals having to do with the House investigation, but this feels different than that.

TOOBIN: It seems to be different from that. And again, until we see the subpoena and until other people can analyze what exactly was done with Navarro, we can't know for sure. But, I mean, it is potentially very significant because there has been a tremendous amount of frustration among people who are still angry about what happened on January 6 that the Justice Department's investigation has seemed to be very limited only to the people physically inside the Capitol or those directly connected to them.

The issue of did the president and did the people around the president violate the law by trying to overturn the election -- that, as far as we know, has not been investigated by the Justice Department so far. But if this subpoena is what it appears to be, that would -- that would signal a significant expansion of the Justice Department investigation.

We should know more if Peter Navarro files this lawsuit he claims to be wanting to file. He would certainly attach the subpoena as an exhibit to that lawsuit. He says he's going to file it today so we should know more today about what the Justice Department actually tried to do.

BERMAN: Watch this space.

Jeffrey Toobin, thank you so much --

TOOBIN: Indeed.

BERMAN: -- for being with us this morning.

TOOBIN: All right.

BERMAN: Former President Trump turning his attention to the Wyoming primary and attempting to take out a political rival. Why one former Republican leader there says his party has been hijacked.

BRIANNA KEILAR, CNN ANCHOR: Plus, we're breaking down the timeline minute-by-minute of 911 calls made by students during the Uvalde mass shooting and the police response.

(COMMERCIAL BREAK)

[07:42:57]

KEILAR: This morning, we're getting Republican response out of Wyoming as former President Trump takes aim at Liz Cheney, who is fighting to keep her House seat there. Trump is backing Cheney's primary challenger after Cheney turned from supporter to critic following the 2020 presidential election and attempts to overturn it.

(BEGIN VIDEO CLIP)

DONALD TRUMP, FORMER PRESIDENT OF THE UNITED STATES: There is no RINO in America who has thrown in her lot with the radical left more than Liz Cheney. And it's why in two months from now the people of Wyoming are going to tell her Liz, you're fired. Get outta here. Get outta here.

I think this is the most important election that we have right here.

(END VIDEO CLIP)

KEILAR: Joining us now is Dr. Joseph McGinley. He is the former chairman of the Natrona County Republican Party. Thank you so much for being with us this morning.

I do wonder what you think about this election. First and foremost, is it the most important election, as Trump describes it?

JOSEPH MCGINLEY, FORMER CHAIRMAN, NATRONA COUNTY REPUBLICAN PARTY (via Webex by Cisco): Yes, good morning, Brianna.

You know, every election is important. Here in Wyoming, we have a single House representative, so for us -- so for the people of Wyoming, this is important. Maybe not for the reasons President Trump stresses but for us here in Wyoming -- yes, this election is important.

KEILAR: What's your reaction to how he's targeting her?

MCGINLEY: Well, it's unfortunate. You know, here in Wyoming, we don't need to be told how to vote. We can look at the voting record of Rep. Cheney and we can see that she represents us very well and she has for the past several years.

Having individuals come in from out of state endorsing candidates -- you know, it's great for the opponent -- that's for sure. But I don't think it will influence many voters here within the state.

KEILAR: He calls her a RINO. What do you think about that? What do you think more broadly people in Wyoming think about that?

MCGINLEY: Well, first of all, the name-calling is unnecessary. Secondly, I don't know how you call one of the most conservative voting individuals within the House of Representatives -- I don't know how you call them a RINO. You know, that's the problem with this name- calling and the back-and-forth. There's a proven record here. There's facts.

[07:45:08]

If you look at how Rep. Cheney has voted, she's voted in line with President Trump for many years. For the people of Wyoming, those values are conservative values. So calling someone a RINO, calling someone names, that doesn't help. That doesn't really move the conversation forward.

KEILAR: You saw the rally. He has many fans. Is she in jeopardy?

MCGINLEY: Well, I don't know. It's going to be a challenging election, that's for sure. Her opponent definitely needed the endorsement of President Trump to be competitive.

But, you know, we're in Wyoming. Representative Cheney and her family, well-respected. Obviously, Vice President Cheney from Wyoming. As I said before, I would never bet against a Cheney in Wyoming mostly because there's a proven record. There's proven facts on this one.

The rally was great. It was a good turnout for Casper. But that doesn't define the election and it doesn't define the outcome of what we're going to see at the polls come August.

KEILAR: I don't want to ask you about the approach that she's taken. We saw in Georgia, for instance, Gov. Kemp -- he kind of ignored Trump. It worked for him. Did Cheney take the right approach here? It was a different one.

MCGINLEY: Well, her campaign -- if you look at her campaign, she's not focusing on President Trump. She's focusing on her job. She's focusing on what it means to be a Republican. We're the party of Reagan. We're the party of Lincoln. We're the party of the Constitution. And that's what Rep. Cheney's campaign is focusing on.

She absolutely does not shy away from the question regarding January 6 and President Trump, but it's definitely not the sole focus of the campaign and her election.

KEILAR: Dr. McGinley, we always appreciate you coming on the show. Thank you so much for being with us this morning.

MCGINLEY: Thank you -- appreciate it. Have a good day.

KEILAR: Heart-pounding video showing a group of young people narrowly dodging a coming train.

BERMAN: Nothing to smile about. The Mona Lisa caked in an apparent act of protest.

And, the "Top Gun" sequel. Does it do justice to the legacy of Goose even as it shatters box office records? What this tells us about how to achieve success at movie theaters now.

(COMMERCIAL BREAK)

[07:51:33]

(BEGIN VIDEO CLIP)

Clip from "Top Gun: Maverick."

(END VIDEO CLIP) BERMAN: "Top Gun: Maverick" topping the Memorial Day weekend box office. According to Paramount, the film's distributor, it is on track to be the highest opening ever for a Memorial Day weekend.

KEILAR: And so it should be, I say. So far, 55% of the U.S. box office totals are coming from ticket holders over the age of 35, pointing to a need for nostalgia.

Joining us now is CNN media analyst Bill Carter. What do you think about this, Bill?

BILL CARTER, CNN MEDIA ANALYST (via Webex by Cisco): Well, I think it proves a lot of things. I think it proves that if you get the big star with this pre-sold premise -- it's a sequel, obviously -- people know the characters -- and you give them real incredible thrills that they can't get watching a movie on their little screen at home on their couch, and you tell a really good story that really works, you can really still bring people into the theater.

I think people do like that experience when the product demands it. In this case, the product demands it.

BERMAN: They waited two years -- more than two years to release this, Bill. I mean, it does indicate that they knew what they might have had on their hands.

What does it tell you that they waited -- the idea of being in a big theater?

CARTER: I think that's really an interesting thing John because spending that much money on a movie, you're making a gigantic bet.

And, you know, the movie-going public -- had two years where they weren't going at all and who knew when it would go back or if they'd go back. And yet, they held off. They held off and they held off confident that they had a movie that would play in this big way and they could have lost it all but they risked it. And I think they must have believed in the product.

And let's face it. This is a rare thing when it says 96% on Rotten Tomatoes. The critics actually loved this film. So it's pretty much got everything going for it.

KEILAR: I loved the '80s version and so when I went in to watch this on Friday I was prepared -- my bar was high, but it really exceeded it. I mean, I thought it was better than the original.

And I was really mad that they kept delaying it because, Bill, I wanted to watch it. I wanted to watch it years ago. I had it on my calendar to watch years ago.

But they had all of these IMAX cameras in the actual planes that were flying.

CARTER: Yes.

KEILAR: So if you'd released it on streaming or something it would have been a waste, right?

CARTER: Exactly. They would have wasted all of that effort. And, you know, they'd waited, what, 30 -- more than 30 years to do this sequel so they had to wait two more to get it in the theaters and I think it paid off. And I think it sets sort of a standard now. I mean, yes, you do your sequels and all that, but make them really good.

As you said, this is a better movie than the first movie. And really, the first movie, while thrilling to see, was kind of a cliched story. And I think they worked hard on the story. They had a lot of writers, gosh knows.

But I think they really made a commitment and that is why it stands out. I mean, it's not -- it's not your regular action movie. It has a lot of independent value as a movie.

BERMAN: But to me, better than the first is actually a low bar, OK? Because aside from Kenny Loggins, what you had there --

KEILAR: Are we going to fight over this? Kenny Loggins is in this movie, Berman.

BERMAN: Right. What I'm saying -- but Kenny Loggins was really --

KEILAR: The music.

BERMAN: -- the best part of the first one as far as I'm concerned. Because basically, you still -- you've had -- you just have to have decades of all these questions about whether or not they would own up to the inexplicable death of Goose.

KEILAR: We can't spoil it Bill, but what say ye?

CARTER: And they made that the centerpiece of the story.

BERMAN: But to me --

CARTER: That's the centerpiece of the story, in a way, right -- that they kind of owned up to that.

BERMAN: Well, to me, which is an admission of guilt, Bill. It's like an acknowledgment of culpability. They knew they had to right that clear wrong.

CARTER: Yes, that -- and maybe that really helps, John. That might be a big factor in why people really enjoy this one a lot -- that they finally get that big problem addressed.

KEILAR: I will say -- look, there is a difference between how Maverick feels moral responsibility versus that fact that I -- Berman gives me so much guff about this and I will always say Maverick was cleared in a court-martial. And he'll say that's not enough. He'll say that he has moral culpability. And I'll say Maverick might agree with you, Berman, and that is actually the crux of the plot. I'm not spoiling it.

CARTER: Exactly.

KEILAR: I think we know that. We know that from the first movie that is sort of the driving force of this movie that really, I think, sort of creates so much of that nostalgia and brings it so -- you know, just brings it full circle -- right, Bill?

CARTER: And it's -- yes, I agree with that. And it's a very rare thing when a movie has that sort of lingering issue that bothers fans like John, and then actually addresses it really seriously in another movie later.

I guess you could say in "Godfather 3" they had to address the fact that Michael killed his brother. So there are -- there are maybe a few other examples of that.

But the real nostalgic aspect of this is that it feels like you could have seen this movie made 10 years ago or 15 years ago, or whatever in the story-wise, but the technological aspects of it are pretty spectacular and you can't really measure that -- the value of that. That is why people want to go to the theater now. You can see other movies on a small screen and appreciate them but a movie like this -- you've got to go to the theater and really fully grasp what it -- what it's showing you.

BERMAN: I do like the comparison between Michael Corleone and Maverick because the thing they have in common is guilt.

But, Bill, replicable -- is this replicable for other film franchises?

CARTER: I don't know. I think it's always replicable if you devote yourself to telling a really good story. I think that's part of the aspect of this that I think is different.

I mean, many, many sequels are just sequels made to cash in. And you sit there and you say well, this isn't as good as the first one and whatever. And then they make another one and a third one and a fourth one.

And by the way, I expect they'll make another one after this because it's made so much money. It's setting records.

But I think the bar is set very high if you want to do a really good movie. And they made a really good movie. And I think good movies -- really good movies are shared experiences that people want to have together in a theater, and that is another aspect of this that is very rare and very, very hard to duplicate.

KEILAR: Yes. Well, it was amazing, I will say.

Bill Carter, thank you so much for being with us. John Berman, we will agree to disagree, and NEW DAY continues.

BERMAN: I just like your leading questions to Bill -- right, Bill? Right, Bill?

KEILAR: Right, Bill? Wasn't it amazing? BERMAN: Right, Bill?

CARTER: Yes.

KEILAR: Look, we're of one mind on this.

CARTER: What am I going to say, no?

KEILAR: We're of one mind on this. Thank you, Bill.

NEW DAY continues right now.

CARTER: Thanks.

BERMAN: Good morning to our viewers here in the United States and around the world. It is Tuesday, May 31. I'm John Berman with Brianna Keilar.

In Uvalde, Texas, visitation and rosary set this morning for three of the victims of the massacre at the Robb Elementary School. This comes as CNN has obtained chilling new video capturing an apparent radio call during the shooting. Listen to this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Are you injured?

CHILD: I got shot.

UNIDENTIFIED MALE: Where? Where?

UNIDENTIFIED MALE: A kid got shot.

(INAUDIBLE)

UNIDENTIFIED MALE: A kid?

UNIDENTIFIED MALE: They shot a kid.

(END VIDEO CLIP)

BERMAN: The man who recorded the video did not want to be identified but tells CNN the audio came from the radio of a Customs and Border Protection vehicle outside the school.

KEILAR: Just since Uvalde a week ago, there have been 17 more mass shootings in America -- 17. School districts across the country are intensifying security protocols fearing copycat attacks.

Meanwhile, President Biden believes new bipartisan gun safety legislation can be reached and he's optimistic about GOP support, saying rational Republicans are ready for a deal.

BERMAN: He says he's optimistic about Republican support.

CNN's Lauren Fox joins us now. Lauren, talk to us about these discussions and where the common ground might be.

LAUREN FOX, CNN CONGRESSIONAL CORRESPONDENT: Well, they're going to pick up today, really, John. After this Memorial Day holiday, you can expect that lawmakers are going to get on a Zoom today to have a bipartisan discussion.

[08:00:00]