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Anderson Cooper 360 Degrees

Judge Orders Special Master To Review Seized Mar-a-Lago Documents; Trump Slams FBI, DOJ As Vicious Monsters In First Rally Since Mar-a-Lago Search; Trump Slams FBI, DOJ As "Vicious Monsters" In First Rally Since Mar-a-Lago Search; Suspect Charged In Kidnapping Of Memphis Teacher; But She's Still Missing; Canadian Authorities: One Suspect Dead, Another Suspect On The Run After 10 People Killed, 18 Injured In Attacks; Liz Truss To Succeed Boris Johnson As British Prime Minister; New Footage Shows Titanic As Never Before. Aired 8-9p ET

Aired September 05, 2022 - 20:00   ET

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

POPPY HARLOW, CNN HOST: Because you know, my initial instinct was well, but you know, whatever it takes, but the fact is this is cost prohibitive already for so many families so you don't want to add to that. That's real.

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HARLOW: Don't miss it. CNN Special Report, "The Baby Business." It is tonight, nine o'clock Eastern right here.

Thank you so much for joining us. AC 360 starts now.

[20:00:23]

JOHN BERMAN, CNN HOST: The ruling is being called unprecedented and some are calling the basis for it into question. What is not in question though, what a Florida District Judge has just decided in the Mar-a-Lago documents case has immediate implications and perhaps long- term consequences, too.

John Berman here, in for Anderson.

Judge Aileen Cannon's ruling today calls for a Special Master to look over materials seized from Mar-a-Lago and temporarily bars the Justice Department from using it in its investigation of documents improperly kept at the Palm Beach resort.

Now, in part of her ruling, Judge Cannon seems to say that a former President might be different in her view than a regular Joe, quoting her now: "As plaintiff articulated at the hearing, the investigation and treatment of a former President is of unique interest to the general public, and the country is best served by an orderly process that promotes the interest and perception of fairness."

"Unique interest," she writes before granting what the former Attorney General under President Trump no less recently said this about.

(BEGIN VIDEO CLIP)

WILLIAM BARR, FORMER US ATTORNEY GENERAL: Well, I think that the whole idea of a Special Master is a bit of a red herring.

At this stage, since they've already gone through the documents, I think it's a waste of time.

(END VIDEO CLIP)

BERMAN: Agree or disagree with that notion, and whatever you might think of how Judge Cannon arrived at her decision, we'll talk about what it portends with our legal experts in just a moment.

First, though, CNN's Sara Murray, who has all the latest on the ruling itself. Sara, so walk us through what the Judge issued today.

SARA MURRAY, CNN POLITICAL CORRESPONDENT: All right, well, John, as you pointed out, she has granted the former President a Special Master to pour over materials looking for any personal items, any items that could fall under attorney-client privilege, or any items that could fall under executive privilege, particularly fraught areas, I'm sure you'll discuss with others.

But she sort of lays out her reasoning for this saying that you know, there are allegations of bias and leaks that the perception of fairness is important, and that this is a unique position because this is a search and an investigation involving a former President.

Here is one of the lines from her ruling, she says: "As a function of plaintiff's former position as President of the United States, the stigma associated with this subject seizure is in a league of its own. A future indictment based at any degree on a property that ought to be returned would result in reputational harm of a decidedly different order of magnitude."

And of course, we're still waiting to see how the Justice Department is going to handle this. They said they were reviewing this ruling and considering their options -- John.

BERMAN: So, Sara, in the ruling, the Judge also gave us a little more information on what was seized at Mar-a-Lago.

What did we learn?

MURRAY: She did, she pointed out, you know, that there were medical records involved in this. There were accounting records. There was tax correspondence, you know, potentially items that would not be relevant to this investigation.

She also noted one of her concerns was that the investigative team had gotten access to, you know, to items that later were determined to fall under potentially some kind of a privilege. And so she sort of used that as an indication that perhaps there needed to be more oversight. And the filter team wasn't filtering everything out.

BERMAN: What's the timeline here, Sara? When will there be an actual Special Master?

MURRAY: This is the big question, John, right?

So, she gave both sides until Friday essentially saying, why don't you all work together, come up with a list of Special Master candidates, the sort of idea of what their duties are going to be, how this person is going to be compensated and what a schedule would be.

And so we are waiting to see what comes out of those Friday filings to get perhaps a better sense if we're looking at weeks, if we're looking at months, how long a review like this could take -- John.

BERMAN: All right, so the questions remain. Sara Murray, thank you very much.

Here to help make sense of Judge Cannon's ruling is former Federal Judge, Nancy Gertner. She is currently a senior lecturer at Harvard Law School. Also with us, CNN senior legal analyst and former Federal prosecutor, Elie Honig; and John Yoo, who teaches law at UC Berkeley and served as Deputy Assistant General during the George W. Bush administration.

So Elie, the Trump team asked for this and they got it. They got what they asked for basically, so definitionally it's a legal win for them.

What's your biggest takeaway from the ruling?

ELIE HONIG, CNN SENIOR LEGAL ANALYST: Well, John, it's certainly a legal win for Trump for now, no question. He asked to have this Judge insert a neutral, third party, independent arbiter to look through these to protect his rights and privileges, and now he has that.

Of course, DOJ may appeal, but that's the status quo. People need to understand though. Ultimately, while it's a win for Trump, it's a procedural win. It does not prevent DOJ ultimately from charging or not charging or from gaining a conviction or not gaining a conviction.

I think, it is likely that when this process is done, the number of documents that actually will be filtered out will be fairly small and if they are filtered out, John, they will be privileged and DOJ shouldn't be able to use them in the first place.

So, this is a win for Donald Trump. It's really more of a speed bump than a brick wall for DOJ, however.

[20:05:10]

BERMAN: Judge Gertner, what do you think the process will look like? What questions you have and what do you think the timing will be?

NANCY GERTNER, FORMER FEDERAL JUDGE: Well, the problem here, it would be one thing if she said that the Special Master was to review attorney-client privilege, right? Those are documents that are easier to figure out on their face, right, letters to and from an attorney, even personal items would be easy.

Executive privilege is an area in which absolutely no Court has ever found like circumstances to qualify. One President, a former President telling an incumbent President, "Don't look at my documents," even when President Biden says "I need them for my core constitutional function," criminal investigation, protecting classified information.

So, the notion that an independent Special Master will be able to figure out the metes and bounds of that constitutional question, in my view is ridiculous.

So, well, the attorney-client privilege is one thing, but you're asking non-Judge to make a fraught determination.

BERMAN: John, you agree that the portions that deal with executive privilege are the issue of major substance to come from this ruling, though, I get the sense you may have a different take on whether or not a Special Master can actually functionally take care of it.

JOHN YOO, FORMER DEPUTY ASSISTANT GENERAL DURING THE GEORGE W. BUSH ADMINISTRATION: Yes, I agree, actually, with most of what's been said.

I think this is procedurally going to slow things down. It may put off any kind of charge, if they were going to be charged, by several weeks. But the major substantive issue is that this Judge said, a former President might be able to claim executive privilege against the incumbent, the current President, President Biden. That's something that the Supreme Court reserved just earlier this year, in a case against President Trump against the January 6 Committee. It's an issue the Supreme Court reserved 40 years ago, in a case called Nixon versus GSA.

I tend to agree with Judge Gertner. I don't think Trump may win that one, but it is going to take months for that issue to get to the Supreme Court. This gives both sides some kind of space maybe, to make this case go away and reach a deal so that we don't keep pressing forward on its own schedule to try to get to an indictment.

BERMAN: Elie, you know that I care about this, because I've asked you about 30 times in the last three weeks here, say something is, you know, covered by executive privilege. That doesn't mean the documents aren't classified. That doesn't mean the documents don't deal with national offense, and why would it mean then that they were allowed to be at the President's beach house?

HONIG: Right I don't think it would mean they're allowed to be at the President's beach house. I don't think even if a document is deemed to be executive privilege, I don't think the result of that is you walk it back to Mar-a-Lago, hand it back to Donald Trump and say, "Here you go, sorry, we took it. It's covered by executive privilege."

I think what it does mean is that document then cannot be used by DOJ in its prosecution, potentially, of Donald Trump and an important element of today's ruling, John, the Judge has said, DOJ, you cannot look at these documents for now. You have to stop your review of these documents. It doesn't mean DOJ has to stop all of its investigation, they can still talk to witnesses and do other things.

But also the Judge was careful to say ODNI, National Intelligence, you can continue to do your damage assessment as necessary.

So, I think the Judge tried to sort of do her best to appease as many parties as possible.

BERMAN: Just a quick follow on that, Elie, just to be clear. DOJ can continue with an investigation. They have established the fact of the documents being there. So, they may have already gotten what they wanted from them, and they could ask for witnesses into how they got there, can't they?

HONIG: Exactly. I think DOJ can and should be talking to witnesses, be reviewing the surveillance video. This does not mean a full stop down to zero miles per hour on their investigation. They just have to stop looking at and reviewing those documents until the Special Master issue is resolved.

BERMAN: So, Judge Gertner, how will a Special Master be chosen? This is something that could get complicated here because both sides have been asked to more or less agree on this, right?

GERTNER: Right, which sounds like if they can't agree on what day it is, this is not going to be easy to do. I mean, both sides are supposed to give suggested people. The Judge looks and can pick someone.

There is under the rules of procedure if that if that person is found not to be impartial, then one side or the other can strike it. Then there are -- they have to figure out what the charge, what the scope of the Special Master's responsibilities are. Then they have to figure out how much time, then they have to figure out who is going to pay him, how much he or she should be paid.

Ordinarily, that's complicated enough, but as I said, this is complicated by giving this Special Master a responsibility that the Supreme Court hasn't clarified, which is to determine what fits within executive privilege.

[20:10:10]

GERTNER: I agree with your previous speakers, which I think investigation can certainly go on. The only issue is, if in fact, a grand jury has been impaneled, these documents can't be used before the grand jury, otherwise the investigation can go on.

BERMAN: So John, you know the Justice Department doesn't like this ruling. And they said today they are considering their next legal options. What about an appeal? How much of a slam dunk is it that they would ask for an appeal here?

YOO: I'm not sure that DOJ should ask for an appeal. You could almost say that the District Judge here is doing DOJ something of a favor.

This Special Master, I think is probably likely to affirm a lot of what DOJ decided to do in terms of attorney-client privilege. It may actually bolster public faith and acceptance of the original search, which has been questioned by many people.

And also, let me say also, the other important thing is, if DOJ's main task here, their main object was just to get the documents back, then having this Special Master here not going for an appeal, maybe it's enough of a pause.

The Attorney General needs to consider in his prosecutorial discretion, whether if you're going to go after President Trump for a Federal crime, is it going to be for mishandling classified documents? I think what they really want to do is investigate President Trump for January 6th, and they're still conducting an investigation, that's something I think is worthy of indictment of a former President.

I'm not sure that indicting him for mishandling classified information is an important enough fact to justify going after a former President. A Special Master might give you more time and space for both sides to realize that and come to some kind of agreement to make this go away.

BERMAN: Elie, so aside from that Judge, which is a value John Yoo, which I respect your opinion on that, if DOJ did decide that ultimately, they were investigating this with the possibility ultimately of prosecuting it, would asking for an appeal be in their best interest there, Elie. Would you ask for an appeal here?

HONIG: It's a Catch 22, John. I mean, if the big concern for DOJ is delay and appeal is almost certainly likely to take more time than just the actual review by the Special Master.

And keep in mind, first of all, we are in the 11th Circuit Court of Appeals here. This is the Federal Circuit that covers Florida, Georgia, and Alabama. It is widely known as the second or so most conservative of the 13 Judicial Circuits in the United States.

And if you're DOJ and you appeal to the 11th Circuit, if you win in the 11th Circuit, then you can bet Donald Trump is going to try to get certiorari to the US Supreme Court. So, now we're talking about months and months and months.

So, DOJ may -- may -- make the calculation here. You know what, let's cut our losses. Let's not send this up to a conservative Court of Appeals. Let's get this Special Master thing over and done with as quick as possible.

BERMAN: All right, Elie Honig, Judge Gertner, John Yoo, thank you all so much for being with us. I hope you had a wonderful holiday weekend.

GERTNER: Thank you.

YOO: Thank you, you too.

BERMAN: So next, the President and former President on the campaign trail, neither of them pulling punches; only one of them though, attacking law enforcement in a way that one of our next guests calls especially dangerous.

And later, the search for a school teacher missing since she went jogging on Friday with a suspect in custody and fears growing for the fate of his alleged victim.

(COMMERCIAL BREAK)

BERMAN: President Biden spent Labor Day on the campaign trail first in Milwaukee, then late today in West Mifflin just outside Pittsburgh, not from where a defining and deadly moment in the labor movement played out between steel workers in the Andrew Carnegie Steelworks in 1892.

This was the President's third visit to Pennsylvania in less than a week, just two days after the former President spoke on the other end of the State calling his successor "an enemy of the people" and saying this about federal law enforcement.

(BEGIN VIDEO CLIP)

DONALD TRUMP, FORMER PRESIDENT OF THE UNITED STATES: The FBI and the Justice Department have become vicious monsters, controlled by radical left scoundrels, lawyers and the media, who tell them what to do, you people right there, and when to do it.

The MAGA movement is the greatest in the history of our country.

[CHEERING AND APPLAUSE]

TRUMP: And maybe in the history of the world -- maybe in the history of the world.

(END VIDEO CLIP)

BERMAN: Today on his social network, he again called his election defeat into question in quoting him now: "Are they going to change the results of the 2020 presidential election? They should."

Now as for the winner of that election, CNN's Jeff Zeleny has been traveling with President Biden and joins us now.

And Jeff has President Biden continued his message from last week homing in on whom he calls MAGA Republicans.

JEFF ZELENY, CNN CHIEF NATIONAL AFFAIRS CORRESPONDENT: John, he has, and President Biden seems to relish in the fact that they're really drawing a contrast between the Democratic Party and a couple of different Republican Parties. He referred to the MAGA party, if you will, of course, the Make America Great Again Party as not your father's Republican Party. He really talked about the contrast.

But he also seemed to soften some of his language and coarseness from last week, that speech in Philadelphia, and others when he really tried to lump Republicans all in one basket. But clearly, he is trying to draw that stark contrast between both

parties now nine weeks before the election.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: You can't be a democracy when you support violence, when you don't like the outcome of election. You can't call yourself a democracy when you don't, in fact, count the votes of people who legitimately cast and count that as who are you. You can't be a democracy and call yourself one if you continue to do what they're doing.

And so folks, look, we have a choice. When Trump and the MAGA Republicans made their choice, we can choose to build a better America or we can continue down this sliding path of oblivion to where we don't want to go.

[20:20:11]

ZELENY: So, really trying to draw a contrast between going forward versus going back.

Of course, John, the voters he is talking to are some Independent voters, not of course, these hardcore Trump supporters, they are with him through and through, but it is some of those voters in the middle who may have soured on the Biden administration somewhat, but he is trying to open the door to get them to come back.

We'll see how much that actually happens here. But John, there's no doubt Pennsylvania is still at the center of it all.

BERMAN: Oh, always at the center of it all. We did just hear what former President Trump said -- a little bit of what he said at his rally on Saturday. What else did he talk about?

ZELENY: Well, John, he largely talked about himself. He spoke for about two hours at a rally in Wilkes-Barre, Pennsylvania, and yes, he had other candidates up to speak.

He had Mehmet Oz, who of course, is the Republican Senate candidate up. He had Doug Mastriano, the gubernatorial candidate, a few others, but during the bulk of his remarks, he talked about himself. Familiar old grievances, not much about the future and certainly no ideas about the future direction of the MAGA movement.

So simply, you know, a bit of the oldies, if you will, and that is exactly what worries some Republican leaders.

When you talk to Mitch McConnell and other Republican leaders, they think this election should be about Joe Biden. It should not be about Donald Trump.

So tomorrow is the official two-month mark until the midterm elections. That is what really keeps Republicans up at night that this will all become about Donald Trump and they believe it should be about Joe Biden and his administration. BERMAN: Jeff Zeleny in Western Pennsylvania, thank you very much.

Joining us now CNN senior political analyst, David Gergen, who advised Presidents in both parties dating back to the Nixon administration. Also with us tonight, CNN national security analyst and former assistant DHS Secretary, Juliette Kayyem; and CNN political commentator, Scott Jennings, former Special Assistant to President George W. Bush.

And, David, let me start with you. We just heard from former President Trump, as he labeled the Justice Department and FBI "vicious monsters" and he also called President Biden an enemy of the state.

Is he making one of the points that President Biden made on Thursday night? Is he making that point for him?

DAVID GERGEN, CNN SENIOR POLITICAL ANALYST: Well, I think -- listen, I think he is playing entirely for Donald Trump and what we're seeing from Trump these days is he is going back to his classic strategy of deflect and delay. And he is using language in these speeches which are really hyper-partisan kind of speeches. He is using that to deflect.

When you call somebody an enemy of the state, as he has done, that in effect in our country today is regarded as treason, that's a charge of treason. And normally, in our politics, you don't go there.

But if you go there, it deflects attention as he wants to from Biden, and from his legal trouble.

But the other thing I think that we are also seeing is the delay tactic. You know, I think with a Special Master, I'd be curious about what John Dean thinks about this.

This Special Master is a delay tactic, and it's going to -- it could call for weeks and weeks. We are nine weeks away, as we all know, from the midterm elections and if he could get the Justice Department to back away for nine weeks, no telling what could happen in the interim period. He could be in much stronger position if Republicans do really well in the midterm.

So I think this delay until -- deflect and delay is working, although it promises a really terrible presidential election.

BERMAN: You know, Scott, we have heard from both Democrats and Republican strategist quoted in the papers all weekend long, though, who do suggest that Donald Trump fell into a trap that was set by President Biden, is there any element of that, Scott, that you see?

SCOTT JENNINGS, CNN POLITICAL COMMENTATOR: Well, it's not a trap that he fell into, it is a game that he wants to play. Joe Biden wants to put Donald Trump at the center of American politics, and Donald Trump wants to put Donald Trump at the center of American politics. He is all too happy to oblige this strategy.

And I do think the strategies you referenced are right, because if Donald -- if this election is a referendum on Trump and do we want to go back to Trump and keep doing Trump, then the Democrats are going to do better than if it is a referendum on Biden, who is struggling a little with his approval rating, seventy to eighty percent of the country thinks we're off on the wrong track. So, that's the Democrats strategy.

They know Trump cannot resist taking this bait, and that's what he did at his rally.

BERMAN: So Juliette, the day after the search at Mar-a-Lago. You wrote that as the former President's legal jeopardy deepens, he will "... in all likelihood, tried to raise the level of agitation in the days ahead. He knows how to use language that incites followers to violence without giving them specific instruction." To what extent do you see that happening here?

JULIETTE KAYYEM, CNN NATIONAL SECURITY ANALYST: It's exactly happening. I mean, you don't even have to guess anymore what Donald Trump is doing. I mean, the targeting of law enforcement, the targeting of the enemies, the enemy of the state. We all know what he means by that, but more importantly, his extreme followers -- I'm very clear here -- his extreme followers who do not believe in the peaceful transition of power, who believe violence is either a necessary or an acceptable extension of politics.

[20:25:12]

KAYYEM: That is what they are hearing as well.

So, he is elevating the dialogue and where I think that this gets interesting, I guess, I would say from counter-radicalization, because the goal here is obviously to take violence out of debates, right?

I mean, this is not the country that we want to be. It is what President Biden's doing, and to a certain extent, what Liz Cheney is also is doing is trying to provide an off ramp to people and to say, look, what Trump is now is so toxic, is so akin to violence, is so against the peaceful transfer of power and don't believe me, believe him. This is what he is telling you.

And I think it's just a sophisticated play. It's difficult to measure. But I think that this is the only thing left to try to do what the Republican Party has been unwilling to do so far, which is to isolate Donald Trump, not treat him like Voldemort and just say, look, we can rid ourselves of this problem, if only we were unified in doing so.

BERMAN: So David, President Biden --

JENNINGS: John, can I respond to that last point --

BERMAN: Sure.

JENNINGS: Yes, because I think, some of what Juliette said is true, but the last point she made about Republicans being unwilling to rid the nation of Donald Trump. Now, Thursday night, Joe Biden gave a speech, which he thought was very important, warning us all about the ultra-MAGA candidates and what they represent as a threat to American democracy.

And then Friday morning, we all woke up to the news that Senate Democrat leader the Majority Leader Chuck Schumer's super PAC is spending over $3 million in New Hampshire to get the most ultra-MAGA candidate the nomination for that Senate race there.

It has played out in Maryland, Pennsylvania, Michigan, Colorado -- State after State, the Democrats are spending more money to get ultra MAGA Republicans' nominations that Donald Trump is even spending.

So, I think it rings a little hollow for people to say that it's all Republican responsibility when the Democratic Party is essentially not putting its money where Joe Biden's mouth is.

BERMAN: Juliette, you want to respond quickly to that?

KAYYEM: Yes, I would like -- the political tactics, I don't know if they're going to work or not. I just think it is just not -- I think it's disingenuous, Scott, to say that what the Democratic Party is currently trying to do by supporting these extreme MAGA Republicans, is to simply put a mirror to what has happened to your party, which is you're not getting rid of these people. I know, you don't believe that this is the party.

And so the Democratic Party is trying whatever tactic it can. I don't know if it's going to work. I don't know if I support it. But I think it's just sort of apples and oranges.

Donald Trump is the leader of the Republican Party right now. And so these millions of dollars being spent here and there, pale in comparison to the leader of your party right now.

BERMAN: David, let me get into this discussion here and let me take it to a slightly different place, which is President Biden and the White House insist that he is not talking about all Republicans. He is trying to draw a distinction between what he calls the MAGA Republicans and Republicans that President Biden says that he is working with.

Do you think that this differentiation that he is trying to make, do you think it is getting through?

GERGEN: Not very well, so far, but it's not to say that it can't change.

Listen, I think one of the striking things has been, how Biden's numbers have not really improved dramatically to accompany the victories he's had, the accomplishments he's had.

And so he is now still around 42 percent if you look at an average of the polls, and that really suggests that a lot of Democrats are not coming over and a lot of Independents are not yet coming over.

Over time, especially if Trump, you know, continues I think could be red hot and people just get exhausted and want to get him the hell off the stage. Then things may change. But right now, I would say that, you know, the public support for

Biden is sort of a lagging indicator, not a leading indicator anymore.

You know, it is what we're going to be seeing unfold over time if it worked out for him. But Trump is the master of knowing how to take an impossible situation and moving them in his direction.

So I think this is going to be a long, long campaign. It's obviously going to be a brawl. I don't think it's going to be edifying and whether it helps the country and the world and as a leader of the world, I'd be interested, Juliette because right now -- (AUDIO ISSUES).

BERMAN: David, I think your microphone is falling off. We'll let you fix that for a second there.

And Scott, let me just ask you, David referred earlier to the Special Master and that's a legal decision, but I am wondering if one of the effects is to delay or draw out the circus surrounding the search of Mar-a-Lago, if that might be a double edged sword for Republicans.

[20:30:02]

JENNINGS: Well, I'm not sure how it's going to impact the midterm. I worry more about if this case continues and continues and continues. And it never leads to indictments or, you know, some lengthy investigation. I mean, as soon as the midterms are over, as far as I'm concerned, we're in the presidential cycle at that point. And so, if Donald Trump Announces for president, and they have this investigation going on, it's tricky, I think, for the Biden administration and for DOJ at that point to be investigating a presidential candidate that they're obviously already looking into now.

And so, I don't know what the ultimate effect of that would be. But I do think it's a tricky situation. Obviously, something we've not really faced before as a country,

BERMAN: Right, Scott Jennings, Juliette Kayyem, David Gergen, thank you all so much for being with us. I hope you all had a wonderful holiday weekend.

Tonight, the desperate search continues for a missing teacher in Memphis. Police say she's the victim of a violent abduction and was kidnapped when she went for a run. A suspect is in custody, but she is still missing. The latest developments ahead.

(COMMERCIAL BREAK)

[20:35:10]

BERMAN: In Memphis, Tennessee the search is on for a missing teacher and mother. Police say Eliza Fletcher is the victim of a violent abduction. According to an investigator she was forced into an SUV during a jog on Friday morning and remains missing. A man is charged in connection with her abduction. He is accused of especially aggravated kidnapping and tampering with evidence. Gary Tuchman joins us now from Memphis with new developments. I understand Gary, what's happening.

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: That's right, John. Within the last 20 minutes, Memphis Police have been formed us they have found a quote deceased party. Three blocks behind us here in the South Memphis neighborhood and south in the city. And we must emphasize the CCE party, they have not identified that body. We do not know if it's Eliza Fletcher and we do not well -- we do not know how long it will take to know. But that's just happened within the last 20 minutes. There are scores of police officers here. Scores of police cars, the police helicopter flying above us. A police officer told me about an hour and a half ago they received a solid tip that a body might be here, but he also said we don't know if it's her body.

Either way, this is tremendously sad. Eliza Fletcher was kidnapped early Friday morning when she was jogging right by the campus of the University of Memphis. She liked to jog. She likes to jog early in the morning when it was dark. She was kidnapped by a man who has now been arrested in charged with the kidnapping. But he wasn't talking. So, police still had a look for this woman see where she was and hope beyond hope that she was alive. But right now, we just don't know. It's a sad and traumatic story.

(BEGIN VIDEOCLIP)

TUCHMAN (voice-over): The 34-year-old mother of two was out for an early morning jog on Friday, something she regularly does when she disappeared. Surveillance video shows a black SUV passerby stop, and then a man gets out of the vehicle and quote ran aggressively toward her. He can be seen forcing her into the SUV. The vehicle remained in the parking lot for about four minutes before driving away. Police arrested 38-year-old Cleotha Abston in connection with Eliza Fletcher's disappearance. He's now charged with especially aggravated kidnapping and tampering with evidence. The criminal complaint affidavit obtained by CNN says the arrest comes after U.S. Marshals track down the SUV, a GMC Terrain seen in surveillance video. The affidavit said There appeared to be a struggle between the two before the suspect drove away. U.S. Marshals found the GMC Terrain near Abston's home. The vehicle had the same damage and partial license plate seen in the surveillance footage according to the affidavit.

In addition, the attacker left behind a pair of sandals at the crime scene. The affidavit reveals law enforcement was able to obtain DNA from those sandals, which helped them identify and arrest Abston. Also in the affidavit, a witness said she saw Abston at his brother's house after the abduction, behaving oddly as he washed his clothing in the sink and clean the interior of his SUV. His own brother backs up the account.

Eliza Fletcher goes by Liza. She's a junior kindergarten teacher at the St. Mary's Episcopal Church in Memphis.

UNDENTIFIED MALE: She teaches and then she has two young boys that obviously are worried about and just great lady, really just the best mom. TUCHMAN (voice-over): Eliza Fletcher is an heiress whose late billionaire grandfather ran a major hardware distributor. CNN affiliate WMC posted a video statement from Eliza Fletcher's family members saying they have met with police and shared all the information they have.

UNDENTIFIED MALE: More than anything we want to see Liza returned home safely. The family has offered a reward for any information that leads to her safe return. We believe someone knows what happened and can help.

(END VIDEOCLIP)

TUCHMAN: Eliza and her family are very distinguished. They're very loved to this community. All day long people here in Memphis, including us have been hoping for a miracle. This doesn't bode well. But once again, we don't know for sure the identity, we do know for sure that a body has been found three blocks away 20 minutes away from the College where she was kidnapped. John.

BERMAN: Again, that development just happening now. And Gary, I know you'll keep us posted on that. I understand in the meantime, there's a chilling backstory about the suspect. What have you learned there?

TUCHMAN: Right, so this suspect who right now is arrested and charged with this kidnapping. Back in 2000, he was found guilty of another kidnapping. He kidnapped a man who was a lawyer who got to escape, got out of it. And he ended up going to jail the suspect for about 20 years. He got out of prison in November of 2020 about a year and 10 months ago. And now this is going on. Tomorrow, he will be in court for his arraignment on this case, John.

BERMAN: All right, Gary Tuchman for us in Memphis tonight. And as I said Gary, keep us posted on these developments.

Up next, we're going to have an update on the deadly stabbing spree in Canada where at least 10 people are dead and more than a dozen wounded where authorities are saying tonight about the two suspects that they've been searching for.

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[20:43:52]

BERMAN: New details tonight on the manhunt for two suspects authorities have connected to a deadly mass stabbing spree in Canada. According to the Royal Canadian Mounted Police, Damien Sanderson, one of the men charged with multiple crimes in the case was found dead. This comes after authorities say the attack left at least 10 dead and 18 wounded across multiple locations in an indigenous community and the surrounding area in Saskatchewan.

Just hours ago, Canadian Prime Minister Justin Trudeau said flags on Canada's Peace Tower will be flown at half-staff in memory of those who died.

CNN's Paula Newton joins me now live from Ottawa. Paula, what's the latest.

PAULA NEWTON, CNN CORRESPONDENT: Yes, John, the latest raising more questions tonight, as you said one suspect now found dead. And while that brings some measure of relief to the people that have been so affected by this, keep in mind, they are describing this John as a massacre. These were stabbings. And so, at this hour right now with policing that the other suspect is still at large and dangerous. As I say residents looking for so many more answers. Listen.

(BEGIN VIDEOCLIP)

[20:45:00]

NEWTON (voice-over): Police say the stabbing rampage began in the pre- dawn hours Sunday in an indigenous community in central Saskatchewan. At 5:40 a.m., Central Time Sunday morning and for several minutes afterward, police say they received reports of multiple stabbings in several locations in James Smith Cree Nation. By 7:12 a.m., Saskatchewan Law Enforcement issued a dangerous persons alert, telling residents to shelter in place. Later that hour they identified the suspects as brothers, Damien Sanderson and Myles Sanderson. By 8:30 a.m., the manhunt was extended by hundreds of miles and at 9:45 a.m., police alerted that there was at least one stabbing victim in the neighboring village of Weldon and that some victims were randomly attacked.

RUBY WORKS, RESIDENT OF TOWN WHERE THE ATTACKS TOOK PLACE: I was thinking that could offend me. They're going to kill me. I don't know why they did this. innocent people's lives and shatter this community.

NEWTON (voice-over): And then by 12:07 p.m. in Regina Saskatchewan, a three-and-a-half-hour drive away, police say they had a credible tip. The suspects were in the city driving a black Nissan Rogue. But then the trail goes cold. Police appeal to the public once again. And late Monday announced that Damian Sanderson has been found dead but Myles Sanderson is still at large.

EVAN BRAY, CHIEF, REGINA, SASKATCHEWAN POLICE SERVICE: I think the most recent reliable information we have says that he is in Regina or was in Regina, the most recent. That most recent information is a day old. We acknowledge that. But we have nothing that can tell us differently.

NEWTON (voice-over): Crucially, police also say Damien Sanderson's wounds are not believed to be self-inflicted, and his body was found in the community of James Smith Cree Nation, the scene of the first attacks. Despite an expanded search, Myles Sanderson remains on the run. Police are telling all residents in Saskatchewan to remain vigilant and that the suspect is dangerous and has an extensive criminal record. The tight knit indigenous community is devastated by these vicious attacks, that has now shattered so many lives.

HAROLD BURNS, JAMES SMITH CREE FIRST NATION ELDER: It affects everybody from James Smith. Whether you're -- they're all part of -- they're all part of family, you know. I have a niece was killed, first cousin was killed, you know. So, how do you speak on that? How do you respond?

NEWTON: Canadian Prime Minister Justin Trudeau said his government is marshaling resources to the communities but conceded how unnerving this savage crime has been.

JUTIN TRUDEAU, CANADIAN PRIME MINISTER: Sadly, over these past years, tragedies like these have become all too commonplace. Saskatchewanians and Canadians will do what we always do in times of difficulty and anguish, will be there for each other.

(END VIDEOCLIP)

BERMAN: And Paula Newton is back with us. Paula, what else are Canadian officials saying about the suspect who is still on the run?

NEWTON: What you heard there that he had a criminal record and has been involved in violent crime but the crucial pieces of information you're also involved his condition is Myles Sanderson injured and if he is, has he been looking for help? Has he already gotten help? As you say there as we have heard police in Regina still believe that that is the best lead that they have. And yet they're wondering if there was someone else in the car spotted with him? Is he getting help? And that's why again and again, hour after hour, John, we continue to hear from police that they want people to come forward who may know him, who may have known him anyone who has any information about this.

John, goes without saying look, this is the second terrifying night for so many people in those communities. I mean, look, it's a warm late summer night people are not opening their windows. They are shutting down for the evening and hoping and praying that the next few hours will bring them more relief and that police find Myles Sanderson.

BERMAN: Yes, one more night with a suspected mass killer on the loose. Paula Newton, thank you so much.

The United Kingdom is set to usher in its new prime minister Liz Truss who is taking over after Boris Johnson was booed from Downing Street. The latest from London, next.

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[20:53:30]

BERMAN: Today, Britain's Conservative Party announced that Liz Truss has won the intra party vote to succeed Boris Johnson as prime minister. With her win however she inherits a trove of difficulties.

CNN's Bianca Nobilo has the details.

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BIANA NOBILO, CNN CORRESPONDENT (voice-over): Britain's new prime minister is an ambitious political chameleon.

LIZ TRUSS, BRITISH PRIME MINISTER: We will deliver, we will deliver, we will deliver away, away.

NOBILO (voice-over): During her acceptance speech, Liz Truss' promise to cut taxes, grow the economy and deliver a plan to tackle soaring energy costs. One of two candidates selected by Tory lawmakers after Boris Johnson was pushed to resign following one to many scandals.

BORIS JOHNSON, FMR BRITISH PRIME MINISTER: I want to apologize.

NOBILO (voice-over): Truss was ultimately chosen by less than 1% of the British electorate. a sliver of the conservative base, older, whiter and more right wing than the average voter.

UNDENTIFIED MALE: Enough already.

NOBILO (voice-over): She promised a hard line on immigration and tax cuts to a party drifting further to the right. Channeling their hero Margaret Thatcher even dressing like her. Outgoing Prime Minister Boris Johnson tweeted his support calling her victory decisive. But with just 57% of the votes Truss' first challenge will be to unite her party, let alone the country.

(on-camera): Like half of Britain's Prime Ministers, she studied here at Oxford University. But back then, she was a liberal Democrat activist in favor of legalizing cannabis and abolishing the monarchy.

[20:55:06]

TRUSS: Abolish them. We've had enough.

NOBILO (on-camera): Now, she's the darling of the right wing of Britain's conservatives, the pro-monarchy party of Law and Order quite the 180.

UNDENTIFIED MALE: I think she'd fought a good campaign and I'm not surprised that she's been voted in.

UNDENTIFIED MALE: Because it made me feel warm and cuddly and soft forever. Not really (INAUDIBLE) because nothing will change.

UNDENTIFIED FEMALE: She says she's going to help with energy cars and living cars. And that's what we really need.

NOBILO (voice-over): Truss inherits a nightmare, war in Europe, a biting cost of living crisis, the country brace for a winter of potential blackouts and fuel poverty. Britain is desperately hoping she will leverage her ambition and adaptability to rise to the challenge.

(END VIDEOCLIP)

NOBILO: It's nearly 2:00 a.m. in the morning here, John. So later today around midday, Boris Johnson will visit the Queen's Balmoral estate in Scotland to formally resign. They'll be followed shortly after by Liz Truss, who will be formally appointed as prime minister. She will then fly back to Westminster, the heart of London where she will give her first speech to the country outlining her plans for what happens ahead.

What she might be most nervous about because indeed, most prime ministers with a lot more experience behind them than her say it's the most daunting thing they ever do is Prime Minister's questions on Wednesday. She'll be facing a far more experienced and seasoned opponent and everyone on the benches behind her John will be watching and waiting to see whether or not they think they've made the right choice.

BERMAN: Bianca Nobilo, I'm sure you will be there. Thank you so much for your report.

Up next, the record of the Titanic like you've never seen it before.

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[21:00:21]

BERMAN: All right, look at this, this is the sharpest video yet of the Titanic 8k from a recent expedition. The extra detail is expected to help scientists study how the wreckage decays year by year at the bottom of the North Atlantic. Also, it's just plain cool.

The CNN Special Report, "THE BABY BUSINESS, "starts now.