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The Lead with Jake Tapper

Abortion In America; Campus Unrest; Tomorrow: Testimony To Resume In Hush Money Cover-Up Trial; Prosecutors To Retry Weinstein's NY Sex Crimes Case; New Documentary Candidly Captures The "Bon Jovi" Story. Aired 5-6p ET

Aired May 01, 2024 - 17:00   ET

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

[17:00:03]

JAKE TAPPER, CNN HOST: Welcome to "The Lead," I'm Jake Tapper. This hour, here's a question. Why haven't you heard more from the President of the United States about all the stuff going on campuses right now? Well, the White House Press Secretary was asked exactly that, not long ago, hear her response coming up. Plus, music legend Jon Bon Jovi here on "The Lead" telling us about a serious health issue he had that almost ended his career. Plus, the big new project he has out now.

And leading this hour, breaking news moments ago, the Arizona State Senate voted to repeal that state's Civil War era abortion ban, a law that was first introduced in 1864 before women had the right to vote, and when the age of consent in Arizona, according to some historians, was 10. The law bans abortion at all stages of pregnancy except to save the life of the mother.

Let's get straight to CNN, Natasha Chen. So, Natasha, what happens next and what does this mean for the ability to get an abortion in Arizona?

NATASHA CHEN, CNN CORRESPONDENT: Well, Jake, there's a lot of whiplash for Arizona. And what we're expecting now is for the House to receive what the Senate just repealed and send it on to the governor's desk where she is expected to sign it. But the repeal wouldn't take effect until 90 days after the legislative session ends. So right now, the earliest this could go into effect is June 27th. The attorney general of Arizona has, however, asked for a stay while her office considers whether to ask the US Supreme Court to review this ruling.

So for right now, Arizonans just need to know that the 15 week ban is in effect in their state. And there was a lot of heated debate on the Senate floor today in Arizona. The sound bites you're going to hear our Republican Anthony Kern, who is -- and was actually indicted last week as one of the so-called fake electors, followed by a Democratic Senator Eva Burch who has been very open about her miscarriage.

(BEGIN VIDEO CLIP)

ANTHONY KERN (R), ARIZONA STATE SENATE: I am just very sad that our Republican Party can't come together on this, and can't work something out. We're pushing this bill through, because we think it's going to win the next election, when I believe just the opposite. EVA BURCH (D) ARIZONA STATE SENATE: I'm not afraid of the abortions that I had, and do not fear for my soul. They were the right decisions for me and I don't have to follow your religion in this country.

(END VIDEO CLIP)

CHEN: So to point out, this is all very political, as Senator Kern was saying. President Trump has weighed in, the candidate Kerry Lake has weighed in on this law being just too extreme. So the Republican Party is very split on what to do here. And to emphasize the earliest this could go into effect is June 27th, even though this repeal, after the governor signs it, would go into effect 90 days after the legislative session ends, Jake.

TAPPER: All right. Natasha Chen, thanks so much. Just hours ago, Vice President Kamala Harris was in battleground Florida where a brand new abortion ban just went into effect. Before today, Florida had allowed an abortion up to 15 weeks of pregnancy, now illegal abortion must happen within six weeks of pregnancy, which is well before most women even know they are pregnant. The vice president today noted this and place the blame squarely on one particular individual.

(BEGIN VIDEO CLIP)

KAMALA HARRIS, VICE PRESIDENT OF UNITED STATES: Across our nation, we witnessed a full on assault state by state on reproductive freedom and understand who is to blame. Former President Donald Trump did this. Joe Biden and I have a different view. We believe the government should never come between a woman and her doctor.

(END VIDEO CLIP)

TAPPER: CNN's Meg Tirrell went inside a Women's Health Center in Florida just hours before this new abortion ban went into effect, the clinic full of patients and anxiety.

(BEGIN VIDEOTAPE)

CANDICE, WOMAN'S CHOICE CLINIC PATIENCE: That's very scary that these laws are being put into place, you know, and my life matters.

MEG TIRRELL, CNN CORRESPONDENT: A sense of urgency inside A Woman's Choice Clinic in Jacksonville, Florida as mom of two, Candice, agreed to speak with us as she sought an abortion. For privacy reasons, Candice was comfortable providing only her first name and asked us not to show her face.

CANDICE: I don't think anybody plans to do something like this until it happens to them and they're faced with that decision.

TIRRELL: Candice came to this clinic on a much busier day than usual, just hours before abortion access in Florida would dramatically change. The state's 15 week limit today rolled back to a six week near total ban.

KELLY FLYNN, PRESIDENT/CEO, A WOMAN'S CHOICE: Very few people know they're pregnant at that point.

TIRRELL: Kelly Flynn is the president and CEO of A Woman's Choice. She took us inside the clinic she bought in 2002. In the last few days, Flynn says they scheduled two to four times as many patients as they normally see.

So now when you get a call from somebody who's after six weeks, what do you tell them?

[17:05:01]

FLYNN: If they're local, we try to get them to come in. We will try to get them to come in, and at least see where they are in their pregnancy. Give them their options and help them with whatever we can with logistics to travel.

TIRRELL: Governor Ron DeSantis spoke in support of the law this week.

RON DESANTIS (R), FLORIDA GOVERNOR: Being able to provide protections for a baby that has a detectable heartbeat is lawful and constitutional.

TIRRELL: The change doesn't just affect Florida because surrounding states have had stricter laws. Many people have traveled to Florida to access abortion, almost 8,000 Last year according to state records.

FLYNN: This changes everything for the entire southeast, you know, not just for Floridians but for the surrounding states, for Alabama, Louisiana, Mississippi, Tennessee. I worry it's going to be a public health crisis.

TIRRELL: Now, patients across the south may have to travel as far as 800 miles to North Carolina, where the limit for abortion is 12 weeks or further north.

UNIDENTIFIED FEMALE: Thank you for calling A Woman's Choice, how may I help you? We have clinics in Jacksonville, Florida. We also have Charlotte, Greensboro, Raleigh, North Carolina, and Denver, Virginia,

TIRRELL: A Woman's Choice just opened its clinic in Virginia, anticipating Florida's ban. In Jacksonville, they showed us how many charts they'd been preparing for patients.

UNIDENTIFIED FEMALE: This is the amount that we have today, lessen. The amount that I have to make tomorrow is that many.

FLYNN: Pretty significant change.

TIRRELL: This morning, the team regrouped for their new reality.

FLYNN: We're going to continue to stay open because I know many of you have been asking about that. And we'll see as many patients, serve as many patients as we can, that are within the required limitations now.

TIRRELL: It's not the end of their fight, abortion will be on the ballot in Florida in November. Will you be able to keep this clinic open that long?

FLYNN: I'm going to do my best. I'm going to try really hard.

TIRRELL: For patients like Candice speaking to us yesterday on the eve of the new restrictions, it's a fight not just for her but also her 14-year-old daughter

CANDICE: And I feel lucky that, you know, right now, I do have a voice and I have a right over my own body. But waking up tomorrow is devastating knowing that my daughter and myself are waking up tomorrow with less rights than we do today.

(END VIDEOTAPE)

TIRRELL: And, Jake, this clinic here in Jacksonville did stay open today. But they told us the span, of course, is already having effects on the patients that they see they said that there were at least three patients today who they had to turn away because they were already after six weeks, between six weeks and just after eight weeks. One of those patients at least has already made plans to go out of state. Jake?

TAPPER: All right. Meg Tirrell in Jacksonville, thanks so much. Jacksonville Mayor Donna Deegan joins us now. She appeared alongside Vice President Harris today at that campaign event focused on abortion rights. Madam Mayor, thanks for joining us.

So as of today, patients in Florida may now have to travel as far away as North Carolina, I think that's the closest state where abortion access is legal, to seek an abortion after six weeks of pregnancy. I know that a lot of women don't even know they're pregnant until after six weeks. What do you recommend that women and girls in your community who are pregnant do in this case, if they want to get an abortion? What resources are available for them?

DONNA DEEGAN (D), JACKSONVILLE MAYOR: Well, I think you just heard a lot of that in the story that you just presented. I mean, at this point, unfortunately, we have to give them other options to go to other states. In the state of Florida, we take our right to privacy very seriously. It's actually written into our Constitution. And I believe that the preponderance of people in this state, especially women, are very concerned about having this government intrusion into their lives. But at this point, they'll have to go elsewhere.

In September, you mentioned that you had a good relationship with Florida's Republican Governor Ron DeSantis in part because you worked in television news with his wife, Casey. Have you spoken to either of them about this new law and how it's impacting women in the city, either to the governor or the first lady?

DEEGAN: We haven't spoken about this, no. Obviously, we are very much at odds in terms of what we believe is the right thing to do here. I am very, very deeply appreciative of people's religious beliefs, personal, private religious beliefs. At the end of the day, this is about government intrusion. We talk a lot about freedom in this state. This is about freedom to make your own medical choices, your own choices about your own health. And right now women don't have that opportunity like they did 24 hours ago.

So I believe in the state of Florida, people will speak loudly and clearly, and say that this is not acceptable to them because this is, as you heard, the woman say, a moment ago, this is not just about women today, this is about our daughters. This is about our future. And women's rights really should be equal to the rights of men.

[17:10:08]

And I don't think that you would see this -- I don't think you would see this path. If this was something that affected men's bodies the way that it affects women's bodies.

TAPPER: Well, I mean, there will be an election, right? Because in November, Floridians will consider a ballot measure that will essentially overturn the six week abortion ban. It would if it passes, and I think it needs 60% enshrine abortion rights into the state constitution.

What are you hearing from voters? Do you think that do you think your side can get 60% at the polls to enshrine this in the Constitution?

DEEGAN: Well, if you look at the polling right now, you can see that the numbers are there. I think that the effort there will be to make sure we get those folks to the polls. And I can tell you that right now, they seem very motivated to do so.

The very same day that the Supreme Court in Florida said that the six week abortion ban was legal, they also gave voters the right to go in and say that we want abortion protections in the state of Florida. So voters will have the opportunity to make their voices heard. You know, for me, someone who has fought for women's health for a very, very long time. I think it is it is something that women especially will embrace, but I think a good number of men as well. People in this state value their privacy and they don't want government overstep into their lives, and that is exactly what this is.

TAPPER: All right. Mayor Donna Deegan, thank you so much for your time today. Appreciate it.

We're following some breaking news here on the latest flare up of campus protests, this time to Fordham University in New York City. We're going to go there live next.

(COMMERCIAL BREAK)

[17:15:31]

TAPPER: Fordham University is the latest flashpoint for campus protests over the war in Gaza. CNN's Shimon Prokupecz is there right now. Shimon, since we checked in with you in the last hour, police and protesters have come pretty close. Still peaceful or what?

SHIMON PROKUPECZ, CNN CORRESPONDENT: Yes. Jake, for the most part, still peaceful, but just within the last few minutes, more NYPD officers have moved in. I'm going to show you that in a second.

But also, we now have faculty members who have joined some of the students here. You could see them here, locked arm and arm. They're out here to support the students but also to protect the students as the NYPD started mobilizing in. We saw more of the faculty members come out here locked arm and arm.

I want to show you the NYPD presents. What the NYPD has done is, these officers who just got here, put on their helmets, and they're now standing face to face, basically, with the protesters. And what they're doing is they're protecting the windows here at Fordham University, because, inside, and it's going to be hard to see because of the reflection, Jake, for remembering the last hour I was telling you. There are a number of students and former students who are basically essentially set up camp inside the lobby of the university. They are refusing to leave and they've been banging on the windows here.

And so, the NYPD has moved in. You can see the officers here lined up against the window. And right now this is about -- I mean, they are really face to face with many of the protesters.

The thing here right now, from officials that we've talked to, with the city, the university has not asked the NYPD to move in and remove the students they are waiting for that letter. It's a whole legal process, as we saw at Columbia. That has not happened.

So for now, the NYPD is standing by. They say they're ready to go in. It's not a large number of students inside but it's certainly what's driving the protests outside. So many of the people out here are supporting the students and the former students that are inside, and for now everyone out here is standing around chanting, but it is notable that within the last few minutes, Jake, that we have seen this increase in police presence. They have also closed the street here. And so we just wait here.

More people, certainly since the last hour have come here. And for now we're just standing by to see what happens.

TAPPER: So, Shimon, just two quick questions if you could be quick. First one, the students and the faculty that are there, are they blocking other people from being able to go to school, go to the school administration, live their lives, or are they just protesting?

PROKUPECZ: They're just protesting. The school, actually, for security reasons and because of safety concerns, have closed the doors to the front of the school. And they're telling faculty and students they have to enter on the second -- 62nd Street side. So the school itself, the entrance and exit here at the front is closed, but they're not blocking anyone.

The sidewalk is being blocked. So at some point, the NYPD could come in and tell them to leave the sidewalk or be arrested. That has not yet happened. We don't have any indication that's going to happen, but that could happen, Jake.

TAPPER: All right. Shimon Prokupecz, I'll just leave it there. Thank you so much. Appreciate it.

Let's talk about this with my panel. And, Nayyera, we were talking about this because one of the chances oh -- it's 2024 music. Thank you so much. Appreciate it. But a segue right into the conversation here.

So, Nayyera, we were talking about this because one of the chants we hear is intifada, intifada, which in Arabic means uprising, but obviously has a historical meaning for a lot of people when it comes to the Israeli-Palestinian conflict, which is there was the first intifada and the second intifada, which were very bloody and awful situations with terrorist activities against innocent Israelis and lots of Palestinians killed in the West Bank as well. And you were just saying you have a thought and then using that as a chance.

NAYYERA HAQ, SENIOR DIRECTOR OF CABINET AFFAIRS, OBAMA ADMINISTRATION: Yes. And in our conversation, we were thinking does everybody who's chanting that really understand what that term even means and the historical implications of it, and that violence and death was really the result without any political change for the Palestinians or for the Israelis. The two state solution was not move forward as a result, and that's been part of the challenge of reconciling the status quo in Israel and Palestine in finding a path forward.

The challenge I see with these protests right now, we were coming off a moment in which the humanitarian crisis in Gaza was bringing people's attention to the issue, to the challenges in a way that recognized everyone's humanity. And that was almost a positive action.

[17:20:16]

And now that we have campus protests, where there are pro-Israeli and pro-Palestinian as the hardline definitions, it's moving backwards in the discourse to a place that we were years ago, that still didn't result in anything better for either the Israelis or the Palestinians.

TAPPER: And you said recently that you don't think it's actually the issue of Gaza, that is alienating young people from Joe Biden. You think it's just more pocketbook issues, right?

MARC LOTTER, CHIEF COMMUNICATION OFFICER, AMERICA FIRST POLICY INSTITUTE: Yes. I think, you know, there's a certain, obviously, there's a certain element that that is very -- this is very motivating. But when you look at the disapproval that Joe Biden is experiencing right now, according to multiple surveys, including CNN's over the weekend, I think it's more of the economy.

We've seen this decline, I think, really, for the last couple of years. That's why I don't think it's just -- it might manifest itself right now. But I think it goes deeper than that. And I think it's very pocketbook issues that CNN poll had Joe Biden performing the worst with the youngest demographic, which is usually his sweet spot.

TAPPER: And again, while Democrats are hammering Trump on the abortion issue, or Kamala Harris earlier today, Republicans are blasting President Biden for not being more outspoken on the issue of the campus protests getting out of control, the anti-Semitism we've seen at some of the protests. Today, the White House announced that President Biden will speak at the US Holocaust Memorial Museum next week. And here is how the press secretary defended President Biden. Take a listen.

(BEGIN VIDEO CLIP)

KARINE JEAN-PIERRE, WHITE HOUSE PRESS SECRETARY: No president, no President has spoken more forcefully about combating anti-Semitism than this president. What we're seeing is a small percentage of students, that's what we're seeing. They should not be able to disturb or disrupt the academic experience that students have.

(END VIDEO CLIP)

EVA MCKEND, CNN NATIONAL POLITICS CORRESPONDENT: You know, he could probably stand to wait until tensions are not so high on college campuses. I remember a few months ago at the White House when he suggested that the number of Palestinian deaths that it wasn't an accurate number. And he received significant pushback from Muslim Americans in conversation with him at the White House, who really decried sort of the callousness that they felt that he was offering at that time.

The policy speaks volumes, Jake. The American policy right now under President Biden's leadership is to fully support Israel monetarily, politically, from a policy perspective. And so, that really says it all. I think when he is prepared to speak what she will do so next week, and he gives remarks that really elevate everyone's humanity, I think that that really leaves him in the best position to not sort of just speak reflexively, which is cost him some political trouble in the past, but really speak in a way that recognizes the widespread suffering.

And there are campuses where they have figured out how to have conversations how to deescalate, and that's been the priority, rather than looking at protests on foreign policy issues, whether it be Vietnam or Iraq War, and now more in Palestine, that you get -- this is like 1,600 people have been arrested, but we've had multiple, multiple campuses where faculty and the academics and the institutions have been responsive. They've had dialogue and we haven't had violence.

So the challenge is looking at all of this strictly through a security lens, whether it's a security lens in the foreign policy, but also the security lines of immediately bringing police to the table first when you have students peacefully protesting.

TAPPER: So I want to bring some breaking news to you right now. The US House of Representatives has passed that anti-Semitism bill we told you about in the last hour when. We interviewed Congressman Lawler and Mast with 70 Democrats, 21 Republicans voted against the bill, still an overwhelming passage.

Some of the Republican no votes, notable names include Matt Gaetz, Andy Biggs, Paul Gosar, Marjorie Taylor Greene, the last two we should note previously spoken to white nationalist convention. Some of the Democratic no votes include AOC, Pramila Jayapal and Ilhan Omar.

The bill would require the Department of Education to offer the same protections given under the Civil Rights Act of 1964. That act prohibits discrimination based on race, color or national origin, giving this protection to Jewish students across the nation in grades K through 12.

I want to flip back to abortion, if we can, because that is an issue that a lot of Democrats are talking about today. And frankly, a lot of Floridians, a lot of Arizonans and allows us a lot of South Dakotans because those issues have bubbled up in those states today. We just heard Trump say people are happy about abortion being left to the states. I think we have this fight.

He just said it in battleground Wisconsin a few minutes ago. If we could run that clip.

[17:25:00]

OK. You don't have it ready, never mind. We're a little out of order today because of all the breaking news. In any case, what he said was basically the states decided on abortion and people are absolutely thrilled with the way that's going on. And every state is different. Every state, they asked me a question about it, I'll say it's up to the state. So I say to you, we did a very good job. A lot of people are very happy about it.

The truth is a lot of people are not happy about it. This is a divisive issue. And actually, a lot of Republicans are worried that this is going to hurt Republicans in the fall. Your thoughts?

LOTTER: Yes. I think the best thing, I mean, by living into the states, you allow the voters to make the decision that's closest to the lawmakers, close to the people, and it's going to be different. And he's -- the president came out and said he thought six weeks was a little too restrictive. And you have a lot of Republicans who have said that seventh, eighth, ninth month abortions in some of the blue states is also way too open and liberal.

So, can we meet in the middle? Even Arizona now goes to 15 weeks, which the President has said is probably the right area and where the polling I've seen says most of the American people are about 70%. Think four months is about the right time to set that limit. But let those voters and those local elected officials decide.

HAQ: He's referring, of course, to former President Trump,, current President Biden has a different view as his Vice President Kamala Harris. The challenge you're going to see when deferring this to the states is this assumption that state senators and legislators are actually closer to the people. And so, we are seeing referenda that are put in constitutional amendments that are being tried. When voters have direct access, they resoundingly vote in favor of keeping healthcare access open, letting doctors make decisions with women directly. This is going to be a problem for at the local level for Republicans going forward. TAPPER: I'm in South Dakota, it might be on the ballot, not that that means that South Dakota is about to go blue, but still it could be -- it could have an impact, who knows? Thanks to all of you. Appreciate your being here.

This is a big day for Donald Trump campaigning in two battleground states today from trial to trail. The stage is set for his appearance in Michigan just a few minutes after appearing in the Badger State Wisconsin earlier. What can he expect tomorrow when he finds himself back in that New York courtroom, that's next.

(COMMERCIAL BREAK)

[17:31:25]

TAPPER: In our Law and Justice Lead tomorrow, tomorrow testimony resumes in Trump's hush money cover up file in Manhattan, 9:30 a.m. exactly, Eastern Time. Expected to return the standard is Keith Davidson. He is the attorney who represented both 1998 Playboy Playmate of the Year Karen McDougal who alleged an affair of some months with Donald Trump, as well as adult film actress and director Stormy Daniels who have alleged a brief dalliance with Mr. Trump. Mr. Trump denies both of those allegations.

Joining us now to discuss, trial attorney Misty Marris, Manhattan criminal defense attorney, Stacy Schneider. Misty, tomorrow or early next week, we could see Michael Cohen take the stand. Keith Davidson has not been painting the most positive picture of his interactions with Mr. Cohen. One example is with Keith Davidson. He's trying to do a deal here for Karen McDougal. He says quote, that Gina Rodriguez that Stormy Daniels manager calls Davidson and says some jerk called me and was very, very aggressive and threatened to sue me. And I would like you, Keith to call this jerk back.

And who was that jerk? Steinglass asked. Michael Cohen, Davidson said. So how is this going to impact the jury do you think when they listened to Cohen's testimony, which is expected to be any day now?

MISTY MARRIS, CRIMINAL DEFENSE ATTORNEY: Oh, who was that jerk? Nobody wants to hear that. But look, there's a strategy here for the prosecution to put people like Keith Davidson and these other foundational witnesses on before Michael Cohen. And the reason is because Michael Cohen is going to have credibility issues. The fact that he is hectic, the fact that everything's always in emergency, he called him pants on fire, you know, that is really not going to be the thing that moves the needle. What's going to be impactful to the jury is what in Michael Cohen's testimony is corroborated by these other potentially more likable and credible witnesses.

So I would expect a lot of what we're hearing with Keith Davidson, where he's super professional, he's very loyally going to be mirrored and some of what comes out of Michael Cohen's testimony for the purpose of corroborating those facts.

TAPPER: And Stacy, tomorrow will be the sixth of testimony for the prosecution's witnesses. We still haven't heard from many of the expected bombshell witnesses such as Michael Cohen, of course, Stormy Daniels, Kellyanne Conway, Hope Hicks, Karen McDougal. Misty just mentioned the strategy for Cohen. What's the strategy for others when they go on the stand?

STACY SCHNEIDER, CRIMINAL DEFENSE TRIAL ATTORNEY: I think the prosecution here is telling the story in order. They started with the background, David Pecker, and all of the alleged catch and kill schemes before the election to benefit Trump's prospects. Then they get to Keith Davidson, you know, yesterday. And they are go -- they put him on to show that when David Pecker did not want to go forward and deal with the whole Stormy Daniels story and purchasing it that he turned it over to Michael Cohen to do that. It's sort of the next order in the story.

So tomorrow, we're going to have the cross examination of Keith Davidson, Stormy Daniels attorney who brokered the alleged deal with Michael Cohen to buy the story. And you'll see the prosecutor, I'm sorry, the defense, Trump because they're going to be up tomorrow having to deal with what already is out in court. That is, again, tying Trump to all this was done allegedly to help his election prospect chances.

So what they're going to do tonight borrow is make mincemeat out of Michael Cohen once again so capitalize on that he was called a jerk, that he was abrupt, that he's abrasive, that nobody at the National Enquirer wanted to deal with him. And they're going to play that up because it's part of the narrative that this is Michael Cohen's BS story. You can't trust him. And the only story is what Donald Trump's lawyer said in opening statements, which is the theme of their defense is, this isn't about the election. This is about Donald Trump fighting back and protecting his family, his image and reputation, and that's their whole defense. They put it out there.

[17:35:40]

The prosecution's case is, this isn't anything personal. This is all about the election. And Donald Trump is governed by election law, and he allegedly broke that law. So that's what they're going to do tomorrow, just poke holes, poke holes until they get to the bigger witnesses.

TAPPER: So Misty tomorrow at 9:30 a.m. Eastern sharp, so it's about 21 hours from now, Trump faces yet another hearing for violating the gag order. Prosecutors have alleged Trump broke it an additional four times. Yesterday, as you know, Trump was fined $9,000 for violating it nine times previously. Here are the four moments prosecutors are going to be discussing in tomorrow's hearing on whether he violated the gag order.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: And what are they going to look at all the lies that Cohen did in the last trial. He got caught lying in the last trial. So he got caught lying, pure lying.

That jury was picked so fast, 95 percent Democrats. The area is mostly all Democrat. You think of it as a just a purely Democrat area. It's a very unfair situation, that I can tell you.

Michael Cohen is a convicted liar. And he's got no credibility whatsoever. He was a lawyer and you rely on your lawyers.

David has been very nice, he's a nice guy.

(END VIDEO CLIP)

TAPPER: Trump referring there to David Pecker, who was the first witness on the stand? How do you think the judge is going to rule on these?

MARRIS: Violation times at least three, maybe the one about David Pecker will let slide. But look, it's very clear, yet witnesses and the jury are off limits. So I think we're going to see another fine, but the judge has said if this continues with willful violations, we could see incarceration. So I think we're going to see a few violations tomorrow, Jake.

TAPPER: Stacy, you think that's a real risk incarceration?

SCHNEIDER: I mean, not really. I think the judge, Judge Merchan had to say that to Donald Trump, because it's over and over and over again. But the interesting thing to note is the prosecution in the original hearing about his violating the gag order did not ask for jail time. They wanted the fine punishment, which everybody knows, you know, what's $9,000 to Donald Trump, it's worth its weight in gold and publicity alone.

So I think we'll see more of threats and, you know, eventually it's going to be have to be so egregious for Donald Trump to go to jail over violations.

TAPPER: All right, Misty Marris, Stacy Schneider thanks to both you. And as the New York hush money cover up trial resumes, you can join me for special coverage in the morning starting at 9:30 Eastern right here on CNN, that's tomorrow.

Just hours ago convicted rapist Harvey Weinstein stepped back into a New York courtroom just days after his conviction there had been overturned. Could he get a brand new trial with a brand new judge? That's next.

(COMMERCIAL BREAK)

[17:42:15]

TAPPER: In our Law and Justice Lead today, Harvey Weinstein back in court as prosecutors aim to retry the disgraced former movie mogul for his sex crimes case in New York. CNN's Jean Casarez was also there for the hearing. So Jean, is there a sense of how prosecutors will retry this case? Will they definitely do so?

JEAN CASAREZ, CNN CORRESPONDENT: Absolutely, because they've got to follow the court of appeals that overturned the case, the parameters now that the court has said they have to follow, number one, only the accusers of the charges that will go to the jury can come into court, not all the other accusers. And secondly, if -- as far as cross examination, it only can be on relevant things because the prior judge said that business dealings could come in, bullying could come in, throwing food allegedly at a server. No. The court said. That is constitutionally not fair to the defendant.

Alvin Bragg was in the courtroom today. Harvey Weinstein was wheeled in in wheelchair and you see him there. They'd had some still cameras. He looked healthy. His attorney says that he is very ill and he's been taken back to Bellevue, actually tonight to the medical ward. That is where he will be staying the prison ward. But he looked healthy. And as he was wheeled in, he saw his whole defense team. And there's a lot of them and he was nodding to them and his defense attorney said he sharpens his attack.

Prosecutors though pointed to Jessica Dean. She's an accuser of which there was a conviction in 2020. She was in the courtroom. They say she's ready to testify.

TAPPER: What about the main witness from Harvey Weinstein's previous New York trial? Is she going to have to testify all over again?

CASAREZ: And this is the main conviction?

TAPPER: Yes.

CASAREZ: Yes, the main conviction, criminal sexual act in the first degree, 20-year sentence. Mimi Haley spoke out, and she is talking about the emotional toll it takes to go into that courtroom. Listen, in her own words what she says it was like.

(BEGIN VIDEO CLIP)

MIRIAM "MIMI" HALEY, HARVEY WEINSTEIN ACCUSER: People really don't know what I had to go through and what the other women had to go through in preparation for this. I wish it was as easy as going, sure I'm going to do it again. But it's like, wow, you have no idea.

(END VIDEO CLIP)

CASAREZ: And so she says she is thinking about it. And she says I know it's the right thing to do. But as far as this case, the next hearing will be at the end of May on a Wednesday to not interfere with the Trump trial, but also they want the trial date to be after Labor Day both sides due date to be determined. But that is a right to a speedy trial. This will be a speedy trial.

TAPPER: All right, Jean Casarez, thanks to you.

A recent health battle nearly silenced his voice. But Jon Bon Jovi is singing again. He has a new documentary and an upcoming album. You can hear him right now or right coming up on The Lead, next.

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[17:48:56] (BEGIN VIDEO CLIP)

(MUSIC)

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TAPPER: Look at that main in our Pop Culture Lead for Bon Jovi fans who have been living on a prayer to get an honest telling of the breakout 80s band from the highs and I'm not just referring to that cloth Jon Bon Jovi had right there. To the lows, where life on the road took its toll, well, you're more than halfway there. A new documentary, "Thank You, Goodnight: The Bon Jovi Story" just started streaming on Hulu, going backstage. And the band members reveal all after all these years.

And Jon Bon Jovi is here with me now. Hey, Jon.

JON BON JOVI, AMERICAN SINGER-SONGWRITER AND GUITARIST: Hi Jake.

TAPPER: It's so good to see you. So there's this four part documentary series about to drop on Hulu, "Thank You, Goodnight: The Bon Jovi Story." Let's take a quick look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Jon has gone through his challenges.

BON JOVI: I'm optimistic, but I'm scared. I don't know if there's going to be a happy ending.

With every decade comes another life's lesson. It's all or nothing. That's why the legacy matters.

(END VIDEO CLIP)

[17:50:00]

TAPPER: But we should point out it's not just highlights it's also some of the struggles in this documentary. So what is it like to relive this, relive all of this, including the bad, and also to hear candidly from your band mates about their experiences?

BON JOVI: Forty years is a life. It's a lifelong commitment that we made to something. And it was emotional to see these 40 years put on to film. But I'm happy with it. I'm very happy with it.

TAPPER: I'm sure you're happy with it, but it must have been --

BON JOVI: It's tough and going into it conceptually, I thought of let's make a documentary about the 40th anniversary of the band. OK, that makes sense. I didn't anticipate these issues with my throat, which led to the surgery. But I think part of the journey is to tell the whole truth.

TAPPER: Well, that's what's so fascinating about the doc is that it's so honest. BON JOVI: It is.

TAPPER: And you know, sex, drugs, rock and roll, as you guys were skyrocketing --

BON JOVI: Cliche sighs.

TAPPER: Yes, it's cliche, but it's still -- but it's in you -- but we're in a different time now. And you're in a different part of your life. How have your views of those early years evolved?

BON JOVI: They've just evolved, there was a part of the journey at 2021 when I signed this same record deal I have today.

TAPPER: I can't imagine having that at 21.

BON JOVI: It was pretty neat.

TAPPER: Yes.

BON JOVI: Right? But your views were very limited. And I grew up in public and people have been along for the ride since. I couldn't have written unbroken for the veterans had, you know, at 21 years old. I couldn't have written this record when I was 21 years old. But that's part of the beautiful part of my journey is people have been on the ride.

TAPPER: Absolutely. Your fans are going to be delighted to hear that there's a new album coming out.

BON JOVI: Yes.

TAPPER: The album coming out June 7th. What should we expect?

BON JOVI: Well, it's called "Forever." But it's a collection of new songs. The first song is called "Legendary." And much to my it's -- I don't know if I should say my surprise or not, we have a hit single again, which is sort of hysterical to be writing hit songs for the radio 18 albums in, you know, and I know why, it's because people find these lyrics and make them their own.

Over the course of my career, it's my life. Like Frankie said, I did it my way. That was by Frank Sinatra.

TAPPER: Right.

BON JOVI: No. To the audience, they say that's me, that's my brother, that's my buddy, Tommy and Jean and living on a prayer. That was their love story.

TAPPER: Yes.

BON JOVI: You know, and these stories became the international timeline of my life.

TAPPER: You mentioned the struggle with your throat, your vocal cords that tell us more about that and how that's affected this album?

BON JOVI: Long story short, is that what you see in the doc was shot one and two years ago, but it was a major reconstructive surgery that I didn't anticipate. I had never done anything wrong other than used it a lot. And they put in an implant to get the cords to close properly again. So everything that's in the doc was a year and two years ago. I'm not ready to go out and do two and a half hours a night every night. But that's the goal. I'm getting there.

TAPPER: And what are you afraid we haven't talked about this?

BON JOVI: I don't know if I was afraid. I think that my only choice was do it or retire because the quality of what I was doing wasn't up to my standard.

TAPPER: So we -- I do want to also talk about the fact that you and your amazing wife have created the JBJ Soul Foundation and run JBJ Soul Kitchens where people get high quality restaurant food. And if they can't pay, they can volunteer to cover the meal. Tell us more about that.

BON JOVI: Well, our foundation is some 20 years old. We now have four of these JBJ Soul Kitchens. And conceptually, if you are I want to go, we affect change directly by leaving a donation. If those who can afford to pay, they volunteer because that empowers everybody. There's no government subsidies. It's not institutional food. So it's true farm to table cafe dining, you would never know someone in need from someone who is not in need.

And if Jake, if you came to the restaurant and didn't participate by volunteering, you sort of think you're missing out on the event.

TAPPER: Yes.

BON JOVI: So everybody, anybody that comes there feels a part of it. And you can do something as simple as plus a table or work in the garden. But you're included in community and it works. Restaurant three and four, and here's a huge difference maker because we've got lots of pats on the back for doing these wonderful restaurants.

TAPPER: Yes.

BON JOVI: When we put them on university campuses, our phones ringing off the hook, say wait a minute, I'm sending my kid to a great university. You're telling me just hungry kids on campus? We were like, yes.

TAPPER: Yes. No, it's amazing.

BON JOVI: You see. So we've been working on that issue too, so two of the four on college campuses.

TAPPER: And tell us where they --

BON JOVI: They were all in New Jersey, in Red Bank, New Jersey, Toms River, New Jersey, Rutgers up in New York and Jersey City University. TAPPER: All right, well, the documentary about to drop on Hulu, "Thank You, Goodnight: The Bon Jovi Story." It's always so good to see you.

BON JOVI: Thank you, my dear friend. Thank you, Jake.

TAPPER: Thanks for being here.

BON JOVI: All right, man.

TAPPER: Yet another campus protest site popping up, this one at the University of Texas at Dallas. We've seen UT Austin. This is Dallas police are dismantling and encampment site there. Across the country in New York City, look at the situation at Fordham University. We're back with that breaking news, next.

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[17:59:05]

TAPPER: We're following the breaking news on the left side of your screen the University of Texas at Dallas where police just dismantled an encampment made by anti-war protesters. You can see the crowd there now contained by barricades and a line of police officers. On the right side of your screen, the scene outside Fordham University in New York City. Look for much more coverage on the Situation Room on these campus protests in just moments.

We're back now with our Last Leads, rescue operations are underway for tourists trapped by floodwaters, northwest of the capital of Kenya, Nairobi. About 60 tourists are now safe. Parts of Kenya are in ruin following weeks of heavy rain and flash floods, which have killed dozens of people. Nearly 100 ad are still missing. More than 190,000 Kenyans have been displaced, according to officials.

In our Earth Matters Lead, meteorologists puzzled over this one, two strange tornadoes, this is the radar, one loop backwards and hit the same area of Oklahoma twice and another spun in the opposite direction that tornadoes usually spin. Tornadoes are possible there again tonight. It sounds like the beginning of a science fiction movie.

[18:00:11]

And unlikely hero who certainly deserves a high five is the high five is the star of our buzz-worthy Sports Lead an unbelievable amount of bees, number of bees, nearly postponed last night's game between the Arizona Diamondbacks and the Los Angeles Dodgers. But bee wrangler Matt Hilton came to the rescue. Hilton got to work as MVP chance and Bonnie Tyler's holding out for hero played out.

The news continues on CNN with Wolf Blitzer in the Situation Room. I'll see you at 9:30 a.m. tomorrow. Trump is back from the trail to the trial.