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Trump Blasted Dems For Holding Kavanaugh Allegations; Kavanaugh Yearbook Entries Under Scrutiny; Unprecedented: Trump Declassifies Docs Despite Warnings; NYT: Trump's Lawyers In Dark About Truth Involving Biz Campaign. Aired 1-1:30p ET

Aired September 18, 2018 - 13:00   ET

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

[13:00:08] JIM ACOSTA, CNN ANCHOR: Well, I'm Jim Acosta in for Wolf Blitzer. It's 1:00 p.m. here in Washington. Thanks for joining us.

Up first, President Trump speaks out about his embattled Supreme Court nominee, Brett Kavanaugh. Just moments ago he defended Kavanaugh and blamed Democrats for the turmoil surrounding his nomination.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: This is a terrible thing that took place. And it's frankly a terrible thing that this information wasn't given to us a long time ago. Months ago when they got it. They could have done that instead of waiting until everything was finish and then all of a sudden spring it. But that's what the Democrats do. That's what they do. It's obstruction and resist, it's whatever you have to do.

With all of that being said, it's a process and we all feel speaking for all of the Republicans, we feel we want to go through the process and we want to give everybody a chance to say what they have to say.

(END VIDEO CLIP)

ACOSTA: The statement is set for an extraordinary public showdown over the Kavanaugh nomination, if it happens. Kavanaugh and his accuser, Christine Blasey Ford have both been invited to testify before the Senate Judiciary Committee on Monday, but GOP Senate leaders say Ford has not responded to the invitation. Her accusation threatens to derail Kavanaugh's nomination to the highest court in the land. She says a drunken Kavanaugh sexually assaulted her during a high school party in the 1980s. Kavanaugh calls that allegation completely false. The White House strategy is focused on bolstering Kavanaugh's public image and defending his integrity. CNN's White House correspondent Kaitlan Collins joins us live. Kaitlan, Kavanaugh is at the White House as we speak. We just heard from the president a few moments ago. What more can you tell us about the White House battle plan? It sounds as if the president is still being very restrained, uncharacteristically restrained in all of this.

KAITLAN COLLINS, CNN WHITE HOUSE CORRESPONDENT: He is Jim. He's not calling out anything about the accuser doubting her accusation instead he's channeling his frustration towards the Democrats which we know from our reporting has been the aides here in the West Wing. Their strategy over the last few days since these allegations first surfaced for the president to focus on Democrats to blame them for the delay and everyone finding out about the allegations. And that's exactly what we saw from President Trump there in the Oval Office as he spoke sitting next to the Polish president.

Now, another interesting thing we heard from President Trump is that he still has not spoken to Judge Brett Kavanaugh since these allegations surfaced. We know that Judge Kavanaugh spent over nine hours here at the White House yesterday huddling with the White House Counsel Don McGahn, calling senators up on Capitol Hill to defend himself. And now we do know he is back here today once again preparing for what is set to be a pretty big showdown on Capitol Hill on Monday. But he still hasn't spoken to the president.

Now the president there also saying that he doesn't believe the FBI should get involved in all of this, which is exactly what Democrats are calling for. We just heard form Senator Feinstein calling for a delay in that hearing on Monday because she believes that the FBI should be investigating this woman's claims about Judge Kavanaugh.

But the president there standing by him and defending his nominee once again, saying he has an unblemished record and saying he is OK with a little bit of a delay in the confirmation vote for Judge Kavanaugh. Jim, you heard him there at the end, saying only a little bit of a delay. He doesn't think it should go on for too long.

ACOSTA: And Kaitlan, we'll hear from President Trump in the next hour at a joint news conference with president of Poland. It sounds as if perhaps president has already got now what he wants to say about the Kavanaugh nomination battle. But he has shown some pretty remarkable restraint perhaps because we're getting closer and closer to the mid- terms. Is that an indication do you think of how high the stakes are for this Kavanaugh nomination? Is this intentional on his part do you think?

COLLINS: I do think it's partly intentional. I think he's taking advice of his aides. The question is, how long will he continue to do so. And what we're going to do is see the president in a very different format here in the next hour than what we saw there in the Oval Office, where he can ignore the questions he wants to. He doesn't have to answer anything that those reporters are shouting at him, but in the press conference where he only takes two questions from reporters from the U.S. press, he's not going to be able to ignore those questions. Whatever questions he gets asked about Judge Kavanaugh, he will have to answer there in that one on one setting.

So, certainly it'll be a little bit different. But it will be interesting to hear more from the president and if he stands by what he is doing now which is not doubting the woman who accused Judge Kavanaugh, but instead focusing his anger on those Democrats for what he said is obstruction. Jim?

ACOSTA: All right, Kaitlan Collins, we will see what the president has to say in about an hour. Thank you very much. Even with all the talk, it's still possible this hearing may not happen on Monday. Senate Judiciary Committee Chairman Chuck Grassley says he's still waiting for a yes from Kavanaugh's accuser.

(BEGIN AUDIO CLIP)

HUGH HEWITT, HUGH HEWITT SHOW: Has Dr. Ford accepted and she has agreed to come?

SEN. CHUCK GRASSLEY, (D), SENATE JUDICIARY COMMITTEE CHAIRMAN: No. We have reached out to her in the last 36 hours, three or four times by e-mail and we've not heard from them. So it kind of raises the question, do they want to come to the public hearing or not.

(END AUDIO CLIP)

[13:05:11] ACOSTA: Now the other side of this, Senator Dianne Feinstein, the ranking member of the Senate Judiciary Committee, she is blasting Grassley for limiting the hearing for just Ford and Kavanaugh. She says in a statement, we put this up on the screen, "Chairman Grassley today said there would be only two witnesses invited to testify at the Kavanaugh hearing next week on sexual assault allegations, compare that to 22 witnesses at the 1991 Anita Hill hearing and it's impossible to take this process seriously. CNN Senior Congressional Correspondent Manu Raju is live from Capitol Hill. Manu, there is a battle going on before this hearing which is shaping up to be a battle. What can you tell us? What's the latest?

MANU RAJU, CNN SENIOR CONGRESSIONAL CORRESPONDENT: That's right. Right now behind closed doors, Senator Majority Leader Mitch McConnell's office, Republicans on the judiciary committee are trying to figure out exactly their strategy going forward. Now that Dr. Ford, the accuser of Brett Kavanaugh has not yet confirmed whether she will attend and how they're going to proceed. The Republicans believe that this hearing should still happen, but the Democrats say it should be fully investigated. There should be an FBI background check reopen looking into this matter before any hearing.

Dianne Feinstein, the top Democratic committee telling me just moments ago this hearing should be delayed until that investigation takes place. Now, all that being said, some key Republicans have been waiting for the hearing and we are happy to hear, that the hearing had been scheduled because they wanted to make a decision on how to vote in large part based on the hearing. We had a chance to catch up with Lisa Murkowski and Lisa Collins earlier today made the uncertainty of this hearing.

(BEGIN VIDEO CLIP)

SEN. LISA MURKOWSKI (R), ALASKA: If she is not going to be part of the hearing, I think that would be a very interesting and unfortunate turn of events.

SEN. LISA COLLINS (R), MAINE: That's very puzzling to me. I have said from the beginning that these are very serious allegations and she deserves to be heard. She is now being given an opportunity to come before the Senate Judiciary Committee and to answer questions and I really hope that she doesn't pass up that opportunity.

(END VIDEO CLIP)

RAJU: So the question is, if this implodes this hearing, how does it impact some key votes going forward? Another key vote, Senator Bob Corker was very eager to hear what he said every word from their testimony that was supposed to take place on Monday.

(BEGIN VIDEO CLIP)

SEN. BOB CORKER (R), TENNESSEE: In light of all the pressures that are building around this, it's going to be a difficult task for people on both sides. But if it needs to be handled in a respectful manner, and I think all of us are anticipating and wanting to learn from the actual hearing itself. I know that I'm, you know, I'm going out of the country this evening, but I plan to be in a place where I can see every word of it.

(END VIDEO CLIP)

RAJU: So still, Jim, a lot of questions about exactly what happens here with what turned into quite a seen. Will lot of uncertainty about this hearing but it does take place undoubtedly this will be the key moment to determining whether or not he gets this position on the court and no word yet from the Republican if they're willing to delay this hearing. They view this is part of Democratic delay tactics and how this fight has gone increasingly bitter over the last several days here, Jim.

ACAOSTA: And it probably will get more bitter. Manu Raju, thank you very much. Supreme Court nominee Brett Kavanaugh's year book is under scrutiny as he gets ready for Senate hearing to answer the sexual assault allegation made by Christine Blasey Ford. Let's bring in CNN Justice Correspondent, Jessica Schneider. Jessica walk through some of this for us. So why is this so important?

JESSICA SCHNEIDER, CNN JUSTICE CORRESPONDENT: Yes, so this is the 1983 yearbook for Brett Kavanaugh senior class. And it really does elude in many of those entries to this hard partying heavy drinking culture at Georgetown Prep, it's just outside of D.C. in North Bethesda, Maryland.

So one yearbook page is titled these funny guys, there it is, and contains several questionable captions including, do these guys beat their wives. Or actually this first one says, prep parties raise question of legality. 100 kegs or bust. Complete with pictures of kegs. Also do these guys beat their wives. And all signs there that there was a party culture at this school in the early 80s. Now CNN saw this copy of this yearbook courtesy of a former student who wanted to stay anonymous and that person's attorney told us why the former Georgetown prep student said it was so important to get this yearbook out to the public.

(BEGIN VIDEO CLIP)

SETH BERENZWEIG, ATTORNEY: The person who contacted me wanted to make sure all the information is available to the American people. It's not meant as an indictment or attack against Judge Kavanaugh or the person who was accusing him.

[13:10:07] The only interest is in making sure that the American people have all information as well as the representatives on Capitol Hill so they can make a fully informed decision on such a critical lifetime appointment to the United States Supreme Court.

(END VIDEO CLIP)

SCHNEIDER: So this anonymous Georgetown Prep student trying to get the yearbook out there and trying to disclose as much information as possible in advance, Jim, of the possible hearing that we might see if it goes forward on Monday. There will be a lot of questions about it.

ACOSTA: And speaking of questions, Christine Blasey Ford, she claims that Kavanaugh's friend Mark Judge was in the room at the time of this alleged assault and might also be called to testify. His yearbook entries are equally interesting. He said a lot of things over the years and written a lot of things over the years. But what can you tell us about what he said in the yearbook?

SCHNEIDER: So some of these yearbook entries raising some questions, but just to be clear, he has denied that the incident ever happened. In fact, he told the Weekly Standard last week, it's just absolutely nuts. I never saw Brett act that way. But like you said, some of his yearbook entries, they're drawing some questions here.

So, he has entries in this yearbook and has this one right on his yearbook page that said quoting Sir Noel Coward, certain women should be struck regularly, like gongs. So Judge, in addition to this yearbook entry in the early 80s, he also wrote about extensively about the hard partying culture at Georgetown Prep. He had one memoir that was entitled "Wasted, Tales of a Gen-X Drunk" where he detailed his experience of extensive drinking at Georgetown Prep, or even at one point in that memoir documents a "Bart O'Kavanaugh," who he described is getting sick in a car after a night of heavy drinking. And signs would point to maybe this alluding to Brett Kavanaugh, but that has not confirmed.

And really, Jim, you know, Mark Judge writes about it how his high school was swimming in alcohol and how he was shocked about the things that they got away with. So, obviously all of these will be points of questioning when this hearing, if it does happen on Monday, but some of these, you know, entries in the yearbook raising questions about that hard partying culture at it seems at Georgetown Prep. ACOSTA: And likely few calls for Mark Judge to testify in all of

this.

SCHNEIDER: That's right.

ACOSTA: The Republicans want to limit it to just Kavanaugh and Ford, but there are folks saying that this Mark Judge should talk and say what he has to say.

SCHNEIDER: And especially since he has been implicated by the accuser in this case.

ACOSTA: That's right. All right, Jessica Schneider, thank you very much.

Joining us live in a few moments is one of the Republican senators on the Judiciary Committee who demanded a hearing, Senator. Jeff Flake, he is a crucial decider when it comes to Judge Kavanaugh's fate. That's coming up. Plus, the president explosive move to declassify documents and text related to the Russia investigation being called an abuse of power. Why this move is unprecedented and why it may backfire.

And tensions escalate after Syria accidentally shoots down a Russian war plane, hear (ph) to the Kremlin is blaming.

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[13:17:19] ACOSTA: A drastic move from President Trump. He has ordered the declassification of some documents and text related to the Russia investigation, raising concerns of a possible conflict of interest. This order includes selected portions of former Trump campaign Adviser Carter Page's FISA application or FBI reports of interviews with Bruce Ohr prepared in connection with the Russia probe and all text messages related to the Russia investigation from James Comey, Andrew McCabe, Peter Strzok, Lisa Page and Bruce Ohr. All of those then probably sound familiar that's because the President constantly bashes them on Twitter. And these are just a handful of the countless tweets calling out the specific people and the Russia investigation.

Let's bring in former Justice Department Prosecutor Joseph Moreno. Joseph, the President is requesting all of this while Mueller's probe is still ongoing. How big of a deal is all of this and how appropriate is this? Is this an appropriate action that the President has taken here?

JOSEPH MORENO, FORMER DOJ PROSECUTOR: Jim, you used the word drastic and that's a great word. This would be drastic even if there were not a significant investigation that the President undergoing. FISA warrants have been long, one of the crown jewels of the Justice Department for many decades. They had never seen the light of day.

To release the selective portion of a FISA warrant, along with the other materials you mentioned in the intro, it's truly unprecedented. Some would say highly inappropriate with all that's going on at the same time.

ACOSTA: And now that the President has made this order, where does it go from here? Because I'm assuming they can't just all of a sudden dump all of the stuff on the American people.

MORENO: It should go through a process. Now I say should because it's my hope that that in fact is what happens. There should be components of the Justice Department, the FBI, the Office of the Director of National Intelligence and the White House Counsel's Office that should all be going through these materials for a number of things. Items that really should not see the light of day because of serious national security implications. Privacy considerations about people's names and information that might be contained in these materials.

So, it should go through methodical process. That being said, the President has the ultimate authority and it's up to him as to whether or not these processes will be followed.

ACOSTA: And walk us through the possible legal challenges with this order, because I supposed there is the potential out there that things could be selectively leaked for maximum impact for the President's legal defense, and the legal defense of his campaign associates and so on. I suppose that potential is there and people are going to suspect that no matter how this is end (ph).

MORENO: This comes down to can versus should. Should the President do this? Probably not, with all that's going on. Can the President do this? He is the ultimate declassification authority. So I don't see a lot of avenues for legal impediment to this action.

[13:20:00] There might be some of the privacy side, because we don't know what persons might be picked up in all of these documents. So they could have a claim. That's being said, I'm not sure how they stop it before it happens because we don't even know what's in there.

ACOSTA: All right, Joseph Moreno, thank you very much for that perspective and all of that analysis. We appreciate it.

Joining us now Congressman Mike Quigley, a Democrat on the House Intelligence Committee. Congressman, you just heard that presentation there from somebody who is an expert in all of these. What's your reaction of the President's order to declassify these documents?

REP. MIKE QUIGLEY (D), INTELLIGENCE COMMITTEE: Yes. Bottom line, the FBI had reason to believe that Mr. Page was becoming an agent of a foreign power, Russia. Four different judges signed off on that and its renewals. I think it takes some of the power with what the President's doing away.

All those judges, by the way, were appointed by Republican presidents. And, by the way, this investigation didn't start because of Mr. Page. It started because of Mr. Papadopoulos. And he can blame the FBI and justice all he wants, but they didn't cause the Russians to approach the Trump campaign or to be well received by the Trump campaign. And then the FBI and the Department of Justice didn't cause Mr. Manafort, Flynn, or Cohen to commit their crimes. The fault lies squarely with the Trump campaign here.

ACOSTA: And President Trump has vented about the Russia probe, James Comey, Andrew McCabe, Peter Strzok, Lisa Page over and over again on Twitter. Do you believe this is an abuse of power by the President?

QUIGLEY: I think it's just one step in the abuse of power. This is a President who's gotten very nervous recently. All investigations begin on the periphery. And this was gotten very close. His only private personal attorney, his former national security adviser, right? His campaign chairman have all pled guilty. And one of them implicated him.

He has at least four top people close to him who are cooperating with the Mueller investigation. The President's recent tale is really just full of sound and fury signifying absolutely nothing, but creating a great risk for our country. The President has put his own legal security ahead of the security of the country.

ACOSTA: And do you think that this move could actually backfire for the President? Some of these documents obviously may not work to his favor. I mean, many of these documents, the FBI, they obviously classified these things for a reason.

QUIGLEY: Well I think that's absolutely right. We've seen this happened before with the President. I mean, he has made wild accusations of spying on the campaign which were successfully rebutted. We all remember the Nunez memo in which the Department of Justice and the FBI said was dangerous and reckless to release. What was in that memo amounted to absolutely nothing.

I'd like to think the American public and my Republican colleagues will look at the President's efforts for what they are. Attempt to save himself. They absolutely prove nothing. Many of us have seen the unredacted applications and I will tell you the FBI acted appropriately. If they had not acted, they wouldn't have been protecting our country.

ACOSTA: And the White House made this announcement on the same day that a Supreme Court nominee was facing a borrage of bad headlines for sexual -- an allege sexual and physical assault. Do you think that this was just an attempt to change the narrative? Are you suspicious of that?

QUIGLEY: I think the President is constantly in a state of trying to change the narrative. And if something goes wrong, he just says something else or tweets something else. And I have to tell you, so far it has worked. He has never been fully held accountable for his actions.

At some point in time the American public has to understand and appreciate that the investigation of Mr. Kavanaugh is completely appropriate in allowing the Mueller investigation to complete this course. It's necessary to protect the rule of law in our country. ACOSTA: And I want to ask you about a new article in the New York Times about the President's legal team. And it talks about whether or not, you know, the President's legal team has a full scope of what was said in the Mueller investigation. There is part of it that we can put this up on screen. It says, "It is not clear if Mr. Trump has given his lawyers a full account of some key events in which he has been involved or -- as President -- or during his decades during his running of the Trump organization."

How concerning is this, do you think? It sounds as though the President's own legal team doesn't have the full picture of what happened.

QUIGLEY: I think the President keeps his personal situation very close to the vest. I think what we've witnessed in the last several years is the President not telling anybody anything he doesn't want to get out.

[13:25:03] So, I think you have seen as a result a disjointed, dysfunctional message system from the Trump legal team. And at this point in time, they are with the President on one thing. They are more worried about protecting the President politically and legally than they are protecting the country.

ACOSTA: All right, Congressman Mike Quigley, thank you very much for joining us. We appreciate it.

As lawmakers bicker over what's being called the hearing of a lifetime. What's the scenario if the mid-terms arrive? And Brett Kavanaugh has not yet been confirmed. We'll discuss.

Plus, just a short time from now, the President faces reporters during a news conference as this firestorm escalates. Stand by for that.

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