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4 Charged In Smuggling Operation That Killed 53 Migrants; NYPD: Woman Shot In Head While Pushing 3-Month-Old Baby; January 6 Panel Subpoenas Trump White House Counsel Pat Cipollone. Aired 7:30-8a ET

Aired June 30, 2022 - 07:30   ET

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

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[07:32:39]

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The truck driver is running southbound on foot on -- along the railroad tracks.

UNIDENTIFIED MALE: Can I also get one more here? I have too many bodies here.

(END VIDEO CLIP)

BRIANNA KEILAR, CNN ANCHOR: That is new audio revealing the moment that officials found a semi-truck full of migrants in Texas. Fifty- three people died after being found inside that trailer in San Antonio in what one federal agent called the worst human smuggling incident in U.S. history. We've now learned that four people have been arrested and charged in this case.

The sheriff is now pleading with President Biden for assistance. He has written this in a letter. "I'm angry, Mr. President. I'm angry that I could not stop this massive loss of life in my country. I'm angry that despite my best efforts to appeal to your administration, I have not received a response."

And he also criticized Texas Gov. Greg Abbott in his letter.

Joining us now is the sheriff of Bexar County, Texas, Javier Salazar. Sheriff, thank you so much for being with us.

We're going to talk about your letter here in a moment but first, we hear that audio. Tell us about the scene that your deputies came upon, and also the effect that this has had on them in this community.

SHERIFF JAVIER SALAZAR, BEXAR COUNTY, TEXAS: Well, I believe that audio you are hearing is actually officers from the San Antonio Police Department. And so, we were involved on the peripheries of that case that day, being that it was the city police and the city fire department handling it.

But a heartbreaking scenario, but it's one that we've been dealing with for months now. And so, this latest letter to the president is actually -- was actually my third attempt because it's such a big issue that we've been dealing with for such a long time.

KEILAR: So this, to you, is just a bigger version of what you've already been dealing with.

SALAZAR: This scenario that played out the other day was one that I've dreaded was going to come for some time now. In fact, on my first letter that I wrote to D.C., it talked about this very scenario -- people dying in the back of an 18-wheeler. Because we had, at that time, dealt with a case where, thankfully, we believe that a load made it all the way through. But we dealt with a case where people were literally dying in the back of a tanker truck here in our location -- in our jurisdiction.

And so, it's an issue that we've been dealing with for a while. This didn't just start with two days ago. This is something that's been happening for a while now and we're seeing it every day.

KEILAR: Has the White House responded to you?

[07:35:00]

SALAZAR: We have gotten communications, thankfully, and it appears that this time around the message did reach at least some of the intended recipients. And we're getting some communications that indicate there is going to be a dialogue very soon, and I'm hoping so.

KEILAR: What is that going to look like? I mean, who are you going to be speaking with, do you think?

SALAZAR: Well, we don't know who we're going to be speaking to at this point. I mean, I'm hoping for somebody -- a decision-maker or decision-makers.

On my side, I plan to bring some other Texas sheriffs with me that -- we've already been in communications with some of my fellow sheriffs from an urban county sheriff's group that is the major counties in the state of Texas. So it's about the top 12 by population. And so, on my side, we'll be bringing a bunch of Texas sheriffs, Republican and Democrat, I might -- I might add.

KEILAR: Yes. I mean, you have criticism for both sides in this letter. You also say that President Biden's inaction is allowing Gov. Abbott to use the issue as a campaign stunt. And you say that he has an ineffective farce of an effort that is kind of trickling down to some of these things that your deputies are seeing.

What do you want the president to do? I mean, what could he do that would help you and your deputies on the ground?

SALAZAR: Well, what I'd like the president to start with -- and not that I'm trying to blame him for anything that's going on, but we haven't seen him down here. It's noticeable among Texas law enforcement. I'm seeing a loss of confidence in the -- in the -- in the federal administration, which has been going on for a couple of years now. But what I'd like to see is have the president himself or the vice

president herself come down and get eyes on it. Get boots on the ground, get eyes on the situation and realize that it goes beyond just the border and the -- what I -- what I term -- what I've termed a president -- I mean, a campaign stunt. All these assets being poured onto the border and these people are making it past that anyway. And then they go up here in what I'm calling a hub -- a hub location.

And so, what I'd like to see is the president and/or his administration physically come down here and get eyes on the situation, and then hear what local law enforcement has to say about what we're dealing with on a daily basis.

KEILAR: Yes. Look, this is a moment -- what has happened there -- that we cannot ignore as a country. I mean, this loss of life is just -- it is tremendous and it is horrific, Sheriff. And we appreciate you speaking with us this morning.

SALAZAR: Thank you so much for having me.

JOHN BERMAN, CNN ANCHOR: This morning, authorities are searching for the gunman who killed a woman pushing a baby in a stroller in Manhattan's Upper East Side last night.

CNN's Polo Sandoval joins us now with the very latest on this. Polo, what have you learned?

POLO SANDOVAL, CNN CORRESPONDENT: Guys, it's been an absolutely heartbreaking night last night in New York City. This 20-year-old woman walking through the city's Upper East Side with an infant in a baby carriage shot point-blank in the head and killed. Police say that the child was not physically harmed when the gunman wearing a hoodie walked up behind her and then pulled the trigger.

Now, we do know that the woman is believed to be the mother of the 3- month-old that was at the scene, according to several law enforcement officials speaking to my colleagues. But still, the big question about a possible motive.

And this morning, a massive manhunt continues as does the New York City's mayor's outrage.

(BEGIN VIDEO CLIP)

MAYOR ERIC ADAMS (D), NEW YORK CITY: And it doesn't matter if you are on the Upper East Side or East New York Brooklyn. The oversaturation of guns and dangerous people that repeatedly leave our criminal justice system to continue actions like this -- it is what's making the New York City Police Department and other law enforcement agencies here in New York, across the country -- and across the country difficult to fight this issue.

(END VIDEO CLIP)

SANDOVAL: And some important reporting from our colleagues as well speaks more about what happened yesterday. Investigators were actually able to determine not only the child's age but also the identity of the woman based on various domestic incident reports on which the name of the victim appears.

So that could potentially speak to a possible motive as this investigation continues, but also the broader context. This shooting happening just hours after Gov. Kathy Hochul announced gun safety legislation that she is hoping could be signed into law as early as this week as state legislators head to Albany for a special session today.

The proposal would expand open-carry restrictions. It would also strengthen criteria for purchasing a fireman and also amend current storage rules. But also -- and this is big -- especially in New York City -- it identifies so-called sensitive locations, which is where even permitted carrying of a firearm would be prohibited. You're talking government buildings, schools, hospitals, parks -- and you see that list there goes on.

We are still, though, likely to see a loosening of the gun permitting process as New York State officials still have to adhere to the Supreme Court ruling that was handed down a week ago today. It essentially eliminated the requirement for people to have to prove that they have a special need to arm themselves in order to be able to be issued a license to carry.

[07:40:00]

And that's what we've seen for the last seven days, John and Brianna. We've seen state legislators and city officials really just scrambling to counter that, walking a very delicate line. They have to adhere to that ruling that was handed down by the Supreme Court. But at the same time, also have to establish who can carry and where.

And I've heard from state legislators and even from some New Yorkers who admit that they may take up the opportunity to actually stand in line and secure a permit. But time and time again, officials have said illegal carrying and the permitted carrying of firearms in New York City is only likely to contribute to even more violence.

BERMAN: All right, Polo. Thank you very much. Please keep us posted on this killing, also -- horrible.

SANDOVAL: Yes. Thanks, guys.

BERMAN: So, soon, the Supreme Court will issue its final opinions of the term as Justice Breyer prepares to step down and Judge Ketanji Brown Jackson is sworn in.

KEILAR: Plus, what testimony from former Trump counsel Pat Cipollone could look like.

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[07:45:08]

BERMAN: So, former White House aide Cassidy Hutchinson testified this week that former Trump White House counsel Pat Cipollone was concerned about crimes being committed by White House officials and former President Trump on January 6. The House January 6 committee has now subpoenaed the former White House counsel.

Joining us now, Jeffrey Toobin, CNN chief legal analyst, and former federal prosecutor. Jeffrey, great to see you.

So, exactly what holes could Cipollone fill in if he chose or chooses to do so?

JEFFREY TOOBIN, CNN CHIEF LEGAL ANALYST, FORMER FEDERAL PROSECUTOR: You know, one of the things that we have learned in the course of all the hearings so far is just how important Cipollone is in so many different areas. I mean, he really turns out to be the lynchpin of this investigation in so many ways.

I mean, basically, what seems to be -- what several witnesses have said, whether it comes to the fake elector scheme or with Cassidy Hutchinson -- the issue of the rally at the Capitol -- Cipollone keeps saying to these people don't do that -- it's illegal. You will be violating the law. You will be committing a crime. That warning is incredibly important, especially if it went to Donald Trump and he went ahead anyway.

So, that's why he's so important and that's why the committee wants to hear from him.

KEILAR: We should expect, though, that he's going to claim privilege in certain situations, right? I mean, the most important stuff would be well, what did you tell President Trump? He's not going, probably, to wade into that, Jeffrey. So where are the limitations going to be?

TOOBIN: Well, the limitations are going to be exactly where he wants them to be because the committee has no leverage here. I mean, there could be an extended court fight over this issue but the committee just doesn't have anywhere near -- nearly enough time for that. So, Cipollone is going to -- is going to make the rules.

And it is a somewhat legally complicated situation. A private attorney has more or less an absolute privilege not to disclose what he says to a client. However, a government attorney -- the law is a little more complicated and a little more flexible, and the -- and the attorney has more flexibility to talk about things.

But the law is almost irrelevant here. All that's relevant is what Cipollone wants to talk about. And what he may do is say look, I'll tell you about advice I gave to everyone except Donald Trump because that relationship between White House counsel and the president is the closest to a traditional attorney-client privilege.

BERMAN: And to be clear, Dana Bash has reporting that a source tells her that Cipollone might very well agree to some limited cooperation for a transcribed interview. We don't know if that means videotape being transcribed. We don't mean if -- you know, if he'll read a -- sit live in front of the nation yet, but a limited interview. Of what value, Jeffrey, then -- if he refuses to talk about anything he said to the president, of what value would the other part of the discussion be?

TOOBIN: It could be a lot, actually, Berman. I mean, I think -- you know, he -- the White House counsel was part of all of these big meetings and some small meetings about the whole post-election situation. And to the extent he can talk about the kind of advice he was given, I think that's potentially very important. I wouldn't dismiss anything and, frankly, Congress -- beggars can't be choosers. They should take what they can get.

KEILAR: If he doesn't under -- look, he's not going to talk about some of the stuff.

BERMAN: Right.

KEILAR: But if he doesn't undercut the things he can talk about or will talk about that Cassidy Hutchinson said, then how far does that go to actually bolstering her entire testimony?

TOOBIN: You know, again, you're going to have to see what exactly he says. I mean, more -- if you're serious about an investigation, more information is always better. And under oath is better than not under oath. So he is agreeing, presumably, to some sort of written statement under oath and that's valuable.

If -- and frankly, the committee should have the attitude let the chips fall where they may. If he -- if he credits Cassidy Hutchinson, good. If he discredits her, good. Because, frankly, if you're trying to find out the truth you just want more information.

And he's obviously a critical person. He has no history of lying under oath that certainly, I'm aware of. So he is someone they should -- they should want to talk to.

BERMAN: Jeffrey Toobin, thanks so much for coming in.

TOOBIN: OK, guys.

KEILAR: Well, decisions are expected as early as today as the Supreme Court weighs the two final and major cases on the docket. The court also prepares to welcome Judge Ketanji Brown Jackson this afternoon after Justice Breyer announced plans to step down today at noon.

CNN's Jessica Schneider joining us with more. So, it could kind of all wrap up today.

[07:50:03]

JESSICA SCHNEIDER, CNN JUSTICE CORRESPONDENT: It definitely will, Brianna. You know, we've been waiting for this -- the final day of this momentous term.

We have two opinions left and those could have far-reaching impacts. So, first off, the court could rule on the EPA's authority to regulate

carbon emissions from power plants. A lower court actually said the EPA has broad authority to do this, but climate activists are really bracing for the possibility that the Supreme Court could severely restrict what the EPA can do in the future to combat climate change.

And the second case here -- it will impact whether the Biden administration has to keep a Trump-era immigration rule in place. It's known as Remain in Mexico. It's been in effect since 2019. It basically says non-Mexican immigrants can be sent to Mexico to await their immigration proceedings rather than waiting here in the U.S.

Now, Biden has tried to end the program but lower courts have said that he can't. So we'll see what the final word from the Supreme Court is.

And, of course, this is Justice Stephen Breyer's last day. He officially retires at noon. That's when Ketanji Brown Jackson will be sworn in. And, of course, it doesn't really change the balance of power. We're still solidly conservative here, 6-3. But soon-to-be Justice Jackson -- she is joining a court that is fraught with tension, Brianna, after a term that overturned Roe v. Wade. But a lot of contentious issues still lie ahead.

Next term, they'll hear some big cases on affirmative action, election law -- whether businesses can discriminate against same-sex couples.

So, Ketanji Brown Jackson is coming into a court that is already high tension, high emotion, and it doesn't look like that's going to end anytime soon with these big cases ahead in October as well -- Brianna.

KEILAR: All right, Jessica Schneider. Thank you so much.

President Biden will soon hold a news conference at the NATO summit in Madrid. We're going to have special live coverage on the other side of the break. Stay with us.

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[07:56:17]

JIM SCIUTTO, CNN ANCHOR AND CHIEF NATIONAL SECURITY CORRESPONDENT: Good morning to our viewers around the world. It is Thursday, June 30. I'm Jim Sciutto in Madrid alongside my colleague, CNN chief international correspondent Clarissa Ward. This is CNN's live special coverage of the NATO summit here in Spain.

Right now, we are waiting for President Biden to hold a news conference at any time, wrapping up what has been a highly consequential several days here, expanding NATO's membership with Finland and Sweden invited to join, and strengthening its forces in Eastern Europe -- two things that Vladimir Putin certainly did not want.

The president also expected to answer questions on key domestic issues such as abortion rights and the economy, and the state of his presidency.

CLARISSA WARD, CNN CHIEF INTERNATIONAL CORRESPONDENT: He is also certain to address the state of the war in Ukraine.

Overnight, a significant development. Ukraine's military hailing a successful operation that drove Russian forces from Snake Island that had previously been occupied since the beginning of the invasion. That's the same island where Ukrainian soldiers infamously refused to surrender, telling the Russian go f yourself. Russia claims its troops withdrew as a goodwill gesture to allow Kyiv to export its grain. But, unsurprisingly, Ukrainian officials reject that version of events.

Let's go first to CNN senior White House correspondent Phil Mattingly, live in Madrid. Phil, it's been a while since President Biden has given a press conference. What can we expect to be asked?

PHIL MATTINGLY, CNN SENIOR WHITE HOUSE CORRESPONDENT: Well, I think you can know for sure that the president is going to focus a lot on the last five days.

Two summits -- extraordinarily significant developments, particularly here in Madrid as it pertains to the NATO alliance -- the NATO alliance that will soon be expanding. A NATO alliance that is surging troops and military equipment into areas after many years where they seemed to be rotating away. And that is all because of what President Putin did in Ukraine.

And to your point, the state of the war in Ukraine right now -- this coming a day after the president's top intelligence official said it was likely that the war was going to grind on for a significant amount of time. While we have seen a very large show of unity at the G7 summit and at the NATO summit, it is very clear that there are leaders with very different opinions about how the next weeks and months should go. Included among them, Ukraine's President Volodymyr Zelenskyy. So how President Biden addresses that directly -- what he sees for the war in the near term, even as all of these things are moving into motion from a more long-term perspective in the NATO alliance.

But the other very, very prominent issues here are going to be coming from the domestic side. As you guys noted, the president has not taken questions in a formal question-and-answer setting in quite some time. He hasn't taken any questions at all related to domestic issues over the course of the last several weeks and there are no shortage of them for him to address.

Obviously, the Supreme Court's decision to overturn Roe versus Wade is really kind of emanating throughout the United States right now. The economy is something that's very interconnected with what's happened here in the G7 and the NATO summit with European allies. Where the progress is or is not on that. And, of course, you expect the president to be asked about the kind of jaw-dropping January 6 hearing earlier this week.

So there are no shortage of issues that the president could be asked about. But I think most importantly for the president, at least up top, he wants to focus on what happened over the course of the last five days and particularly, what happened over the course of the last 48 hours with the planned accession of two new countries to NATO and obviously, the dramatic shift in U.S. force posture in response to President Putin's invasion of Ukraine.

SCIUTTO: Yes.

WARD: Phil Mattingly, thank you.

SCIUTTO: Let's speak now to our panel. Joining us now is CNN chief national affairs analyst Kasie Hunt, CNN chief political analyst Gloria Borger, and CNN contributor Evan Osnos. He is also written -- a writer at the New Yorker and author of "Joe Biden: The Life, the Run, and What Matters Now." Good to have all of you this morning.

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