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New Day

January 6 Committee Reveals New Footage of Deadly Attack on Capitol; Rep. Liz Cheney (R-WY) Says, Trump Had Seven-Part-Plan to Overturn Election; March For Our Lives Returns to D.C. Tomorrow, Demanding Gun Reform. Aired 7-7:30a ET

Aired June 10, 2022 - 07:00   ET

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

BRIANNA KEILAR, CNN ANCHOR: More -- with more on this morning's Bleacher Report.

[07:00:02]

This was a big move. I think it was expected. But this is huge.

COY WIRE, CNN SPORTS CORRESPONDENT: Huge, Brianna. Golf is changing certainly as we know it. Phil Mickelson, Dustin Johnson, five other major champions, they all teed up yesterday outside of London in the first ever event of that new LIV Golf series. And as soon as they did, Brianna, the PGA Tour releasing their statement suspending the 17 PGA Tour players indefinitely.

Commissioner Jay Monahan saying, quote, these players have made their choice for their own financial-based reasons but they can't demand the same PGA Tour membership benefits, considerations, opportunities and platform as you. That expectation disrespects you, our fans and our sponsors, unquote. LIV Golf called the move vindictive, saying it would deepen the divide between the Tour and its members.

Mickelson, Johnson and others are still eligible to play in the U.S. Open next week, though, Brianna, because golf's four majors are organized independently of the PGA Tour. So, it should be interesting to see some of those players perhaps rejoin with some of their PGA Tour colleagues.

KEILAR: Yes. But that will be tense, won't it?

WIRE: Yes, indeed.

KEILAR: All right. New Day continues right now.

Good morning to viewers here in the U.S. and around the world, it is Friday, June 10th. I'm Brianna Keilar with John Berman.

Donald Trump lit the flame with his election lies culminating in the deadly violence during an attempted coup at the U.S. Capitol. That was the case made by the January 6th committee in its first public primetime hearing. They presented never before seen video of the violence as rioters breached the Capitol. They had gripping testimony from a U.S. Capitol police officer who suffered a traumatic brain injury during the attack.

And the committee's vice chair, Republican Liz Cheney, says Trump had a seven-part plan to prevent the transition of presidential power that included pressuring Vice President Mike Pence to refuse to count certified electoral votes in violation of the Constitution and the law. Pence, of course, refused.

(BEGIN VIDEO CLIP)

REP. LIZ CHENEY (R-WY): And aware of the rioters' chants to hang Mike Pence, the president responded with this sentiment, quote, maybe our supporters have the right idea. Mike Pence, quote, deserves it.

(END VIDEO CLIP)

JOHN BERMAN, CNN ANCHOR: The committee also used taped deposition testimony from Trump's Attorney General Bill Barr and his daughter and adviser, Ivanka, to show that Trump was told repeatedly that his claims of election fraud leading up to the insurrection were not true.

Following the hearing, Committee Chair Bennie Thompson gave CNN a hint of what's to come in the hearings ahead.

(BEGIN VIDEO CLIP)

JAKE TAPPER, CNN ANCHOR: Are there going to be witnesses that describe actual conversations between these extremist groups and anyone in Trump's orbit?

REP. BENNIE THOMPSON (D-MS): Yes.

TAPPER: There will be?

THOMPSON: Yes.

(END VIDEO CLIP)

BERMAN: All right. Much more on that in a little bit.

Joining us now, though, Elie Honig, former federal prosecutor and CNN Legal Analyst. Elie, I want to start with something the committee seemed to be doing quite deliberately, which also tees up what will be the second hearing here, which is to make the case that Donald Trump was told that he knew or should have known that he lost. Listen.

(BEGIN VIDEO CLIP)

WILLIAM BARR, FORMER ATTORNEY GENERAL: I made it clear I did not agree with the idea of saying the election was stolen and putting out this stuff, which I told the president was bullshit.

JASON MILLER, TRUMP CAMPAIGN SPOKESMAN: I was in the oval office. And at some point in the conversation, Matt Oczkowski, who was the lead data person, was brought on and I remember he delivered to the president pretty blunt terms that he was going to lose.

(END VIDEO CLIP)

BERMAN: So, testimony from the attorney general, Bill Barr, that he told Trump that he lost basically and testimony from Jason Miller, who was a key adviser, who explained a conversation where Trump was told that the data would show he lost.

ELIE HONIG, CNN SENIOR LEGAL ANALYST: This was remarkable. I mean, Liz Cheney took a flamethrower to the big lie. She proved beyond any question that there's no possible way Donald Trump won this election and he knew it, too, and she used the words of Donald Trump's own people against him, which I think is a really important persuasive technique.

Also, John, this goes to the question of intent, right? One of the defenses of Donald Trump is, and has been, well, he genuinely believed he won the election so he was just pursuing those remedies which he is entitled to do. But when you see this, you find out Bill Barr, his loyal attorney general, says, I told Donald Trump to his face three times you lost and then Jason Miller testimony shows that the data analytics guru told Donald Trump you have lost.

Now, Jason Miller did add some important context afterwards. He said, the next thing I said, which you did not see, is that Donald Trump said to the data guy, well, I disagree with you, that's why intent can get a little bit complex.

[07:05:06]

But I thought this was effective use of the deposition testimony.

BERMAN: A lawyer then would come back and say Trump knew or should have known or was told certainly that he had lost. And Ivanka Trump also testified that she put credence in what Bill Barr said.

We also heard the committee try to use Donald Trump's own words or own tweets in some cases against him. Listen.

(BEGIN VIDEO CLIP)

CHENEY: At 6:01 P.M. on January 6th, after he spent hours watching a violent mob besiege, attack and invade our Capitol, Donald Trump tweeted, but he did not condemn the attack, instead he justified it. These are the things and events that happen, he said, when a sacred landslide election victory is so unceremoniously and viciously stripped away from great patriots.

(END VIDEO CLIP)

HONIG: I thought it was so interesting that Liz Cheney used this particular tweet because we've known about this tweet since Donald Trump sent it at 6:01 P.M. on January 6. And I have always felt this is one of the most underrated but important pieces of evidence.

We talk about Donald Trump's intent in the lead up to January 6 itself. You want an insight into Donald Trump's intent about the Capitol attack, about what happened that day, look at this tweet. He sends it hours, just a few hours after the attack is over. They've ransacked the Capitol. And what does Donald Trump say? He calls these people, quote, great patriots and he says in a celebratory manner, remember this day forever.

And so the question is when Donald Trump is at that podium a few hours before making this speech to the crowd and then they ransack the Capitol, was he shocked and horrified or was he pleased? Did they do exactly what he intended? I think that tweet is really important evidence and I think it was smart of them to focus on it.

BERMAN: I want to play more of Liz Cheney and I want everyone to listen to how carefully she chooses her words and the word she keeps on using, which is illegal, illegally, illegality. Listen.

(BEGIN VIDEO CLIP)

CHENEY: What President Trump demanded that Mike Pence do wasn't just wrong, it was illegal and it was unconstitutional.

That President Trump's efforts to pressure Vice President pence to act illegally by refusing to count electoral votes likely violated two federal criminal statutes.

You will hear how President Trump summoned a violent mob and directed them illegally to march on the United States Capitol.

(END VIDEO CLIP)

HONIG: Liz Cheney might as well have turned into the camera and said, Merrick Garland, I'm talking to you. It's become that obvious. And there's been a change of tone. If you think to the early days of the committee when the members were asked, do you think this is a crime, they were circumspect, they would tip toe around, they would say that's not for us, the evidence will speak for itself. Now, they're outright campaigning to DOJ by calling the conduct illegal and criminal. And so I think it's clear.

But it's important to keep in mind much easier for a member of Congress to say this is a crime than for actual prosecutors to charge and convict, right? A prosecutor has to prove the case beyond a reasonable doubt, the standard for a member of Congress saying it's a crime is they feel like saying it's a crime.

Also important to keep in mind, last night's presentation was bipartisan, yes, but one-sided. There was no pushback, there was no cross-examination, the kind of things you would see in a court, which can make it much more difficult. But there is no question this committee is trying to talk to DOJ.

BERMAN: Now. And it sets the stage Liz Cheney says it was illegal and now the next several hearings will be the evidence that they think proves their case there.

Elie Honig, thank you very much.

HONIG: Thanks, John. KEILAR: And with more on this, let's bring in George Conway, Attorney and Contributing Columnist for The Washington Post.

There's been so much frustration by Trump critics who wonder why he isn't held accountable, but the committee is making it clear that is their intention, that they are going to hold him accountable.

GEORGE CONWAY, ATTORNEY: That's absolutely right. And Representative Cheney's remarkable statement was essentially an opening statement for a prosecution of Donald Trump. You could -- if you were a prosecutor and you were looking for a model to use in a case against him just to go in front of a jury, you would have used that. And that's what she was -- she's trying to make the case that, again, those two criminal statutes that she was referring to, 18 USC371, 18 USC1512 were both violated.

And what's great about what they did last night was they didn't just make it about January 6, they made it about everything that happened apart from what happened on January 6, the pressure on Pence, the pressure on state legislatures and state officials and the attempt to corrupt the Justice Department.

And so, again, that's part of a larger conspiracy to the point where the violence in a sense of what was a very important part of last night's presentation wasn't -- isn't necessary for the criminal conspiracy. It was -- the fact that they are trying to get people to do something that was illegal, like fake electoral certificates, not counting the votes by Vice President Pence, that was all illegal and Donald Trump knew it.

[07:10:07]

And then the knowledge that he had that it was unlawful was based upon the fact that he was told by his own people, Ivanka, by Jason Miller, by Bill Barr, that it was bullshit, to use Barr's word.

KEILAR: And they're describing -- you hear the committee describe as the mob was Trump's instrument, right, and this is what they're intending to prove, this is what they're going to lay out in the other hearings.

We heard from Bennie Thompson, the chairman, he told our Jake Tapper that there are conversations between extremists and those in Trump's orbit. What do you think about that? Is that essential for proving a link, for proving culpability of Donald Trump?

CONWAY: No, for the reason why I just said. Because, in a sense, the conspiracy existed without the violence, the violence was the last step and he fomented it regardless of whether or not he spoke indirectly or directly to the Proud Boys, he fomented it by saying basically go up to the Hill, fight.

And he fomented it by tweeting -- by watching the television, while he was watching T.V. and seeing all this violence, he tweeted an attack on Mike Pence, which resulted immediately, you saw the guy with the bull horn last night reading Trump's tweet while the people started chanting, hang Mike Pence. And then you heard what the testimony is about Trump's reaction.

And then most importantly the three hours, the three hours where he did nothing. And, you know, that, and from an emotional standpoint, the contradiction, the incredible contrast between the fidelity to duty of the Capitol police officer who was slipping on her colleagues' blood and the complete dereliction of constitutional duty by the president of the United States is just a damning portrait and would make an amazing trial presentation.

KEILAR: When you were listening -- and it did sound like that. This is what we intend to prove over the course of these hearings. When you were listening last night, did it tell you anything about what this committee intends to do when it comes to potential criminal referrals? And if you were Merrick Garland watching this, what would your takeaway be?

CONWAY: My takeaway, and I hope it's not just Merrick Garland, I hope it's other trial lawyers in the Department of Justice are thinking, this case can be tried. We can do this. In fact, I think it's going to be hard for them not to do it after seeing all of this evidence because there's not much to respond to other than Donald Trump's self- serving statements that, oh, it was fake news, it was -- there is a reason why Donald Trump has always avoided being cross-examined under oath as much as possible, why he didn't do it in the Mueller investigation. He's got nothing to say. And if he were ever -- if he ever tried to testify in his own defense at a trial, he would get creamed. And he's not courageous enough to do it.

So, they're not going to really have much of a response. They're not going to have anything to run up against all of this circumstantial evidence from Trump's own people.

KEILAR: Let's listen to what Liz Cheney said to her fellow Republicans who have largely spurned her.

(BEGIN VIDEO CLIP)

CHENEY: Tonight, I say this to my Republican colleagues who are defending the indefensible, there will come a day when Donald Trump is gone but your dishonor will remain.

(END VIDEO CLIP)

KEILAR: What did you think about that?

CONWAY: I thought it was one of the most compelling moments of the evening because this isn't about partisan politics, it isn't about the midterm elections. It could be about a future prosecution of people who should be held criminally liable, but it's also a moment in history. And that is what Liz Cheney is looking to, you know, at risk to her own personal political career and that's what she was speaking to there, the verdict of history, which is going to be very, very harsh on the Republicans who supported and are trying to wash this away.

KEILAR: George, always great to have you. George Conway, thank you so much.

CONWAY: Thanks.

BERMAN: Joining me now is former Trump White House Press Secretary and Communications Director Stephanie Grisham, who has testified before the January 6th committee twice.

Stephanie, you have a unique view of some of the people that we heard from for the first time last night on this subject, including these videotaped depositions, the snippets. Jared Kushner, the former president's son-in-law, was asked about the warnings from the White House Counsel, Pat Cipollone, that he would quit if the Trump people and the Justice Department carried out some of the action that they were looking to. Listen to this.

(BEGIN VIDEO CLIP)

CHENEY: Jared, are you aware of instances where Pat Cipollone threatened to resign?

JARED KUSHNER, FORMER TRUMP WHITE HOUSE SENIOR ADVISER: I kind of -- like I said, my interest at that time was on trying to get as many pardons done and I know that, you know, he was always -- him and the team were always saying, oh, we're going to resign, we are not going to be here if this happens, if that happens.

[07:15:02]

So, I kind of took it up to just be whining, to be honest with you.

(END VIDEO CLIP)

BERMAN: Just whining. How did that strike you, Stephanie?

STEPHANIE GRISHAM, FORMER TRUMP WHITE HOUSE PRESS SECRETARY AND COMMUNICATIONS DIRECTOR: It was chilling for me because that was something that Jared would say to all of us if we would bring up concerns about pretty much anything was that it was whining and we just needed to get back to work, you know, the president makes the ways, we just need to ride them. I could go on and on with all of his little sayings. But that was tough for me just because I had been there and that was just a message that was given to all of us all the time, stop whining.

BERMAN: What was your major takeaway after watching everything last night, including some of the never before seen footage from the day itself?

GRISHAM: Well, I have to be honest, the footage was -- it made me physically sick, I felt physically ill last night, which brought up tons of different emotions. But I will say, and just like the two guests who were on prior to me, I think that it's great that they're laying this out like a legal case because, ultimately, it is going to be up to the DOJ.

You know, this was almost two years ago now and memories are short, people are truly worried about paying bills and putting food on the table. We have got a lot of issues happening in our country right now. So, I think that it is so important that this is laid out like a legal case and I'm glad they're doing that.

I want to say thank you right now publicly to the witnesses. I know it's so scary to speak up. I know that they're going to have some issues and threats. So, I want to say that publicly right now that it's very brave, it takes a lot of courage to do that and I hope others will step up maybe watching these people's courage.

BERMAN: One of the witnesses at least in terms of being deposed was Ivanka Trump, the president's daughter. And she was asked about Bill Barr's comments, and we heard his deposition also where he told the president that the claims of voter fraud were B.S. Listen to what Ivanka said here.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: How did that affect your perspective about the election when Attorney General Barr made that statement?

IVANKA TRUMP, DAUGHTER OF DONALD TRUMP: It affected my perspective. I respect Attorney General Barr, so I accepted what he said -- was saying.

(END VIDEO CLIP)

BERMAN: She accepted Barr's claims, notes, observations that there was no fraud to overturn the election. Stephanie Grisham, are you still with us?

UNIDENTIFIED FEMALE: I don't think so.

BERMAN: I think we might have lost Stephanie there.

GRISHAM: I'm back.

BERMAN: She's back. Stephanie Grisham is back with us again. I appreciate you're back, the magic of television.

GRISHAM: Yes.

BERMAN: Look, Ivanka Trump is saying that she took Barr at his word that there was no fraud. Was that your experience within Trump world that people knew that there was no there there?

GRISHAM: Well, yes. It reminded me -- two things I want to say, number one, with regard to Ivanka, I think that that's all well and good that she said that she believed Bill Barr, but if I remember correctly, she was still traveling with her father while he pushed this big lie. So, if she was truly that impacted by Bill Barr, which she should have been -- and I don't know what kind of conversations she was having privately with her father, but perhaps she could have done a little bit more and not stood by his side while he publicly pushed the big lie. It also reminded me very much of our White House and how everybody did that. It was a workaround. Everybody knew, you know, that he was -- one thing he was saying wasn't true and so we all just tried to work around him to get the best outcome we could for the country all the while trying to keep this weird secret from this man.

Again, I always say it's like the no clothing -- I forget -- I can't think of it right now, but it was just an interesting thing to see and I wish she would have -- if that were the case, she would have spoken up more.

BERMAN: Stephanie Grisham, we do appreciate your time and patience, thanks so much for being with us this morning.

GRISHAM: Thank you.

BERMAN: In minutes, we are going to be joined by the family of fallen Capitol Police Officer Brian Sicknick who lost his life following the Capitol insurrection.

KEILAR: Plus disturbing new details about the police response or the lack of the police response to the Uvalde school shooting. What officers reportedly knew before they waited more than an hour to take down the gunman.

(COMMERCIAL BREAK)

[07:20:00]

KEILAR: Tomorrow, activists seeking meaningful gun safety reform will march in D.C. as part of the March For Our Lives Movement, just like in 2018 following the mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, that killed 17 people. The leaders are urging people to join the more than 450 marches planned in at least 45 states and all around the world.

Joining us now to talk about this is the co-founder of the march, March For Our Lives, David Hogg, who attended Marjory Stoneman Douglas High School in Parkland, Florida, where those 17 people were killed, and Zoe Touray, who is a March For Our Lives activist. She attended Oxford High School in Michigan where four students recently died and several were injured after a shooting there last November. Thank you to both of you for joining us to talk about this.

It's such a critical juncture here. What's the message that you are bringing, David, with this march?

DAVID HOGG, CO-FOUNDER, MARCH FOR OUR LIVES: Ultimately, the message that we're bringing is that movement is bigger than ever, we are more united than ever and we're more inclusive than ever, specifically of gun owners, of Republicans.

Look, I have talked to many people who don't agree with us, who don't agree with me, and what we all agree on, though, is that we have to do something to address gun violence. And that's why I think that we can make this time different. We're showing that the NRA doesn't speak for all gun owners, it doesn't speak for all Republicans and we are matching hand in hand with Republicans, with Democrats, with gun owners and non-gun owners to demand action because that's all we're looking for here, because we have the same goal and that's peace.

And that's why we're marching on June 11th. And for anybody that would like to join us, they can text march to 954-954. Once again, that's march to 954-954.

KEILAR: And you've been meeting with stakeholders, you've been meeting with lawmakers.

[07:25:03]

Zoe, what has your message been to them?

ZOE TOURAY, SURVIVED SHOOTING AT OXFORD HIGH SCHOOL IN MICHIGAN: Honestly, when I first got started my message was like very unclear but now it's just like getting involved in any way you can so that nothing happens to any other school like they did to our schools.

HOGG: Yes.

KEILAR: You are new to this.

TOURAY: Yes.

KEILAR: Right? Unfortunately, you are in a terrible club of someone who has gone through this. David has been doing this a little longer. What has this process been like for you as you try to speak up for people who did not survive?

TOURAY: It's definitely been like really hard, sometimes very emotionally stressful. So, I will like have moments where I need to go out and like cry or I need to go have a moment. Honestly, it's been really cool also to do different things to know that I can help in some way and like working with David is really cool and Zoe and like all the different people that we've been working with. So, it's been a really cool experience.

KEILAR: You've been trying to make a difference here.

Right now, Democrats and Republicans in the Senate are in negotiations. I want to listen to what the lead senate Democratic negotiator had to say to our John Berman about that.

(BEGIN VIDEO CLIP)

SEN. CHRIS MURPHY (D-CT): I don't think you can be anything other than comparatively optimistic. I've been part of many, many negotiations before since Sandy Hook. Obviously, my life is devoted to this cause on behalf of the victims, and I have never been part of a negotiation that's this serious. Our group continues to grow in size, no one has walked away from the table.

I mean, listen, I still think there are more paths to failure than there are to success but we've never gotten this far on complicated, comprehensive negotiations before.

(END VIDEO CLIP)

KEILAR: You seem to share his optimism. Can you explain why? Because I think sometimes in this debate, a lot of people feel like Congress is never going to do anything but you think they may actually do something now.

HOGG: Yes. And it's not going to be earth-shattering overnight. Unfortunately, kids are still going to die tomorrow, this week and next year because Congress is not going to do anything massive, as much as I would like to see that, but any progress is better than nothing. But it needs to actually be progress and not just some talking point. And whatever policies are implemented around funding, suicide prevention, around mental health, for example, because we need to recognize that while mental health does have a role to play in stopping gun violence, racism and hatred are not mental illnesses.

But I think the reason why I feel hopeful is that we have more Republicans and Democrats and gun owners and even former gun industry executives with us than ever before and, you know, I trust people like Chris Murphy who have been doing this work for decades. I trust people like Nicole Hockley whose child died in Sandy Hook, who have been doing this work for so much longer than I have or Zoe has. And it's sad to see them get older as still nothing changes.

But I think we are on the tipping point of something, but people need to understand the reason why this could be different, it's not for sure because nothing is guaranteed, but it could be different is because people are calling their senators, Republican moms are calling their senators and saying, look, I voted Republican knew entire life, you need to do something here.

Parents are fed up. Kids are fed up. Teachers are fed up. We're marching with NEA and AFT. And the way that we can make this different is everybody that's watching this right now, regardless whether or not you're Democrat or Republican, focusing on getting action. We know what we disagree on, let's figure out what we can and come to the table and get something done to save our kids because we all can agree on that.

KEILAR: David and Zoe, thank you so much for being with us this morning. This is a critical part in this debate, it's essential to hear your voices.

HOGG: And we need people to march with us on June 11th.

KEILAR: June 11th. Thank you, guys, so much.

Next, we will be joined by the brothers of fallen Capitol Police Officer Brian Sicknick who died after confronting rioters. The video that his family wants the world to see.

BERMAN: And the PGA Tour taking actions against players who joined a Saudi-backed league.

(COMMERCIAL BREAK)

[07:30:00]