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Judge Threatens Trump's Atty. With "Some Time In The Lock-Up"; State Dept. "Has Temporarily Paused Additional Funding" To UNRWA Amid Allegations 12 Employees Were Involved In October 7 Attacks; Defense Atty. Pushes Back On Evidence In Trial Of Shooter's Mother. Aired 11- 11:30a ET

Aired January 26, 2024 - 11:00   ET

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

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[11:01:04]

JOHN BERMAN, CNN ANCHOR: So what will it take to get Donald Trump to stop? That question asked in court. Donald Trump walks out during closing arguments in the defamation damages trial against him. His lawyer warned, he could get locked up.

SARA SIDNER, CNN ANCHOR: High tension in the Michigan courtroom where a jury will decide if a mother should be held criminally responsible for the mass shooting at a school committed by her son. The judge and defense attorney have been butting heads all morning long.

KATE BOLDUAN, CNN ANCHOR: Vince McMahon, the founder of WWE, accused of sex trafficking. The allegations from the people who worked for him. I'm Kate Bolduan with John Berman and Sara Sidner. This is CNN NEWS CENTRAL.

BERMAN: All right, the breaking news I want to get right to court in lower Manhattan because inside that courtroom today in the defamation damages trial against Donald Trump. There has already been some high drama. Donald Trump's lawyer threatened with getting locked up. Donald Trump himself walks out during closing arguments. And now we're getting some new threats from inside the courtroom.

Kara Scannell has been inside following all. Kara, bring us up to speed.

KARA SCANNELL, CNN CORRESPONDENT: Well, John, so E. Jean Carroll's attorneys just wrapping up her closing arguments. And her final line to the jury is this very question you said, what will it take Donald Trump to stop doing this? She said he doesn't care about the truth. But he does care about money. So asking the jury to hit him where it hurts, which is his pocketbook.

This of course, though, coming after an already adventurous morning, where Trump's team was late into the courtroom that had already irritated the judge. And then they were fighting before the jury entered about what evidence could be shown on a slide. And Carroll's lawyer saying that they wanted to use something that wasn't even in evidence. Now Trump's attorney then trying to re argue the point with the judge. He told Alina Habba, you are on the verge of spending some time in the lockup, now sit down.

And that's when the closing arguments got underway. Trump in the courtroom sitting at the defense table while E. Jean Carroll's attorney began addressing the jury telling them that it has already been established that Trump has sexually assaulted Carroll, and that he defamed her. The job for them is to determine how much he should have to pay. And she started telling them, she said this trial is about whether the rules that apply to me and to you, apply to Donald Trump.

And she said the case is about punishing Trump for what he's done and continues to do saying that he hasn't even respected the previous jury's verdict because within 24 hours, he was on CNN repeating at that town hall the same defamatory statements that the jury had just ordered him to pay $5 million for Carroll.

At that point is when Donald Trump just stood up from the defense table, turned and walked out of the courtroom with his secret service detail following him. It was a surprising moment. And the judge even stopped interrupting Carroll's lawyer telling the court reporter who keeps a record of the whole case to note that Donald Trump just stood up and left the room.

Carroll's attorney then continued on with her closing statement. Now telling the jury how much does this cost Carroll emotionally, losing her career saying it took her five years to build it. And Donald Trump shattered it just within 24 hours. Also saying that Donald Trump had some gall to say that Carroll even benefited becoming -- because she became more famous after she went public with her allegations that he raped her in the 90s in a New York department store.

She said that he had gall to do that and asking the jury to award him a big -- to reward Carroll a large amount of money to compensate her for what he's done, and to try to make them stop repeating these statements. John?

BERMAN: What will it take to get Donald Trump to stop the question from the plaintiff's lawyers? It's almost as if they were playing off his antics that were happening real time in the courtroom there. It's interesting -- it will be interesting to see if that's how the jury sees it. Kara Scannell, we'll let you get back inside. Donald Trump's lawyers presenting their closing arguments very, very soon. Thank you for this update. Please keep us posted. Sara?

[11:05:16]

SIDNER: Wow. I want to bring in former U.S. Attorney Harry Litman to think through this case with us. First of all, the judge literally threatened Trump's attorneys with jail time potentially because of their rule breaking antics in court, nevermind their client's antics in court. How might this all affect the jury because in the end, they're the ones that decide what these damages are going to be?

HARRY LITMAN, LEGAL AFFAIRS COLUMNIST, LA TIMES: And her lawyer has been very savvy and showing them they have the power, they alone have the responsibility. Now, the comment that we just heard didn't happen in front of the jury, but he has plenty of times upgraded her in front of the jury.

And I just want to say about Trump's exit today, you know, that might be a surprise or drama on T.V. in real life, in federal court. It is mind boggling. It just doesn't happen. And of course, it just drips with contempt for the whole process, for the plaintiff, for the jury. It's almost calculated. First, he proves the very point that the lawyer was saying he thinks the rules don't apply to him, everybody, everybody sit still and respectfully for closing argument. And it virtually begs the jury to impose stratospheric punitive damages.

SIDNER: I know that you've been in plenty of court rooms, and I've certainly been in plenty of federal courtrooms watching cases. And I've never seen anything like that. Some people might say this is something that rhymes with a skit show. But Carroll's attorney told jurors to decide what it will take to get Donald Trump to stop. What do you think that will do when the jury hears that? And John just mentioned, it was something about what happened before but also what was happening right then.

LITMAN: Right. And there's two parts to it. One, his honor in court's ability and nastiness, repeating it again and again. But also when they've entered into evidence, his wealth, probably in fact, and ironically inflated accounts of his wealth. So I don't know if there's a calculator high enough for what they might be thinking about.

They -- at the end of the day, you'll -- there'll be a issue on appeal, whether maybe they went too high. But really, they're just completely, I think, given the freedom. But the -- but a sort of sober task of really, what could make him stop. It's only money. So how high can you go?

SIDNER: Yes. I think they're asking for $12 million in this particular case. I do want to ask you as to whether or not --

LITMAN: Can I just say that's in compensatory.

SIDNER: In compensatory. That's right.

LITMAN: Punitive could be to the roof.

SIDNER: Right. The punitive damages are the damages that often are very, very, very high. So let me just give you -- let me just quickly ask you a quick question. We're going to get back to you. We are now hearing from the Alabama State Attorney General after there was an execution there that is unprecedented. Let's listen in.

STEVE MARSHALL, ALABAMA ATTORNEY GENERAL: We had the opportunity for that election. And we stand ready to proceed on. But the most of those elections took place several years ago when the legislature first adopted, act, did allow this to take place. We have a quota for CMFR (ph). Sorry. Go ahead.

Think it provides an opportunity for states to choose this method whether they will do so what -- that's going to be up to them. We obviously know Mississippi and Oklahoma have chosen. This is an appropriate method. And I do believe based on feedback I've received that other states will follow suit.

UNIDENTIFIED FEMALE: -- with other students in terms of their feedback to this that you say (inaudible).

MARSHALL: Like clearly they were watching what took place, wanted to see how it was able to occur in Alabama. And at this point, we'll continue to offer not only our services and the experience that we've had with this, but also I'm sure our department corrections will cooperate as well to the extent that they want to go. Thanks everybody for your time.

SIDNER: OK. We have just been listening to Steve Marshall, the Alabama Attorney General and if significance one of the reporters you weren't hearing anything because the reporters are not mic'd. But one of the reporters asked him whether not this might be used elsewhere, this method that it's never been used before in the United States until last night to kill an inmate, they use nitrogen. And he said this is an opportunity for states to choose this method after Alabama chose to use this method.

[11:10:17]

We're going to have much more on this story, an unprecedented case of the way that they killed one of the inmates in an Alabama prison. We will get back to you on that in just a bit. We are going to think Harry Litman who has been going through a completely different case involving Donald Trump. And now I'm going to toss it over to Kate.

BOLDUAN: We're going to continue to follow that, absolutely, Sara. And we also have some more breaking news this morning. The United States State Department has now halted funding to the U.N. organization for Palestinian refugees pausing funding temporarily is the specific wording coming out. This is a serious move after serious allegations that UNRWA staffers were involved in the October 7th Hamas terror attacks in Israel. The U.N. agency says it has fired the employees accused of being involved.

Let's get over to Alex Marquardt. He's picking up much more. Alex, this is a U.N. agency that has been operating in Gaza for decades. And now these allegations are very serious. What are you hearing from state?

ALEX MARQUARDT, CNN CHIEF NATIONAL SECURITY CORRESPONDENT: Yes, incredibly disturbing, Kate? Well, we heard about the allegations earlier from UNRWA itself, which had said that it had been given evidence by the Israelis that several of its staffers had been involved in the October 7th massacre, of course, the deadliest day in Israeli history.

The Commissioner General of UNRWA, Philippe Lazzarini, he said he took immediate action after receiving what he called shocking allegations to immediately terminate the contract of these UNRWA staffers who are accused of participating in the October 7th attacks and not -- very quickly after Lazzarini made those statements, the State Department came out with its own statement saying that the U.S. will now hold what they're calling additional funding temporarily pausing additional funding for UNRWA as this is investigated.

Kate to your point, it is hard to overstate the importance of the work that UNRWA does in Gaza. It is the main U.N. agency there during peacetimes. It provides critical levels of support in terms of schooling, all kinds of aid, medical clinics, et cetera. And now during this war, they have been the main U.N. body that has been coordinating the entry of aid into the Gaza Strip, both from the Rafah crossing in Egypt and the Kerem Shalom crossing in Israel.

So they provide a vital service. They have had strained relations with the Israelis. The Israeli government has repeatedly accused UNRWA of allowing Hamas militants to use their facilities, to hide weapons, to fire rockets from their facilities that Hamas militants have taken shelter inside their facilities. So it already was a strained relationship. Now we see UNRWA taking this immediate action.

I also want to read part of the State Department's statement from Spokesman Matt Miller. He said that we welcomed the decision to conduct an investigation, and Secretary General Gutierrez has pledged to take decisive action to respond should the allegations prove accurate. We also welcome the U.N.'s announcement of a comprehensive and independent review of UNRWA.

There must be complete accountability for anyone who participated in the heinous attacks of October 7th. Kate, we have reached out to UNRWA ourselves as well as the Israeli government for more details on the allegations of these 12 staffers who the U.S. alleges may have participated in the October 7th attacks. Kate?

BOLDUAN: This is so disturbing, these allegations, so disturbing. Alex, thank you so much. John?

BERMAN: All right. New developments in the trial of a mother whose son committed a mass shooting. The judge and the defense attorney, arguing over the killer's potential testimony.

[11:14:11]

And WWE founder Vince McMahon accused in a new lawsuit of sexual assault, trafficking and physical abuse.

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BERMAN: Emotions are running high today in a Michigan courtroom. A mother standing trial for the heinous crimes that her son committed, killing for students at his high school and 2021. That boy he pleaded guilty and with -- and will spend his life in prison. Well now a jury will decide if his mother and his father there. Jennifer Crumbley should be held criminally responsible for what she did and didn't do. Both of the parents are now facing charges. Now this is the second day of testimony in the trial of Jennifer Crumbley.

Let's get back over to CNN's Jean Casarez. She has been watching all of this, the process, the trial play out live. What is the latest?

JEAN CASAREZ, CNN CORRESPONDENT: Well, more argument because there are texts, but -- from Ethan to his mother, this would be in March of 2021, so of a matter of months before the mass shooting. And in those texts, he says I'm home. I think somebody's in here. The doors slamming, somebody walked in, they flush the toilet, but I don't think anybody is here. Maybe these are my delusions. Can't you respond to me? It's going to come for the jury now.

Now, there was a ruling that no alcohol is going to be mentioned in this trial. The alcohol that the parents participated in because there was -- were empty alcohol bottles all around the house. Now that may change a bit, listen to the argument that just happened.

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[11:20:19]

SHANNON SMITH, JENNIFER CRUMBLEY'S DEFENSE LAWYER: I'm not objecting to all of AD packs (ph). I'm objecting to the portions about alcohol.

UNIDENTIFIED FEMALE: OK.

MARC KEAST, OAKLAND COUNTY, MICHIGAN ASSISTANT PROSECUTOR: Because the door has been open. Counsel specifically said, I think more than once that her client is a hyper vigilant mother, nobody is -- hang on. Nobody says anything about having a cocktail. But when there's evidence to show that they're drinking when the son is texting things to the mother, no call back. That's important. And it's important to show the jury what they actually didn't spend their time on.

UNIDENTIFIED FEMALE: OK. Can I see the text?

(END VIDEO CLIP)

CASAREZ: So the judge just ruled this text will come before the jury, from Jennifer Crumbley, I'm going to get drunk and ride my horse. And the judge says that's coming in because it shows her intent.

BOLDUAN: Where's this going to head now? I mean, this is really just, I mean, this is a second day of testimony.

CASAREZ: It shows the state of mind of the mother, her son is calling out crying out. I think I'm having delusions, the wall is falling in. And those texts we've seen, he's he wrote those texts, and the mother didn't respond, and now saying she's going to ride her horse and get drunk.

BOLDUAN: This is -- and with the outcome of this what the jury decides could have huge implications for a parent being held responsible for what -- for this mass shooting that has -- their son committed. Thank you Jean.

CASAREZ: Because of knowledge of his mental health crisis.

BOLDUAN: Thank you so much, Jean. John? BERMAN: All right, employees fired, one woman arrested. All of it, over a $35 drinking cup.

And burn the boats, go for broke, what's the next move for Nikki Haley as the last person standing against Donald Trump?

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[11:26:34]

SIDNER: All right, we got some breaking news for you. Donald Trump back in the courtroom after walking out while the plaintiff's lawyers were delivering their closing arguments in the defamation trial against him in New York. His attorney, we are now hearing, Alina Habba has just begun her closing arguments. CNN's Kara Scannell has been there for all of the twists and turns that are unfolding inside the courtroom this morning. What can you tell us about what is going on at this moment?

SCANNELL: Yes, so Trump's attorney Alina Habba has begun her closing arguments. And as you say, Trump returned to the courtroom to sit there to listen to her, try to convince the jury that they shouldn't award E. Jean Carroll damages and that Donald Trump shouldn't have to pay. So Habba beginning her closing argument by saying that the plaintiff E. Jean Carroll is trying to pin Twitter troll comments on a former president of the United States without accepting any responsibility.

They're trying to distance Trump from the onslaught of negative e- mails, tweets, harassing messages that E. Jean Carroll received after Donald Trump called her a liar when she accused him of raping her in the mid-1990s. And her opening statement has already drawn one rebuke from the judge.

She was raising questions about who was paying the fees of the witness that she called, in this case, Carol Martin, a longtime friend of E. Jean Carroll. She asked Martin about that when she was on the stand. And Martin said she didn't know. So Habba mentions this in the closing statement. That got the judge irritated.

He told her, if you violate my instruction, again, Ms. Habba, you may have consequences. Now earlier before the jury was even in the room. He said -- he told Habba who was challenging one of his rulings that he could throw her in lockup. So definitely the tension rising between the two of them today in this homestretch of this case.

Now Habba has just begun her closings that followed Carroll's attorney who was giving her closing arguments for the -- for about an hour or so earlier today. And in her closings, she was making the case to the jury that Trump should have to pay. And the only way to stop Donald Trump from repeating the statements that a jury had already found to be defamatory was to make him pay a lot of money, millions of dollars in both compensatory and punitive damages. That's what they're asking the jury to do.

And in the closing statements from Carroll's lawyers, they said that this trial is about whether rules apply to -- the rules that apply to us, apply to Donald Trump, and that this case is about punishing Donald Trump for what he's done and continues to do. And they say that he has not respected the prior jury's verdict because just 24 hours later, he was at a CNN town hall repeating the statements that that very jury had found to be defamatory.

It was at that moment that Donald Trump have gotten up and left the courtroom. But now that we're back in the closing arguments that his lawyers are giving, he's in the courtroom listening to this and that's expected to go for probably another half hour or so, Sara.

SIDNER: So you're just telling us that again, his attorney, Ms. Habba, has been rebuked by the judge and warned again, this is twice in just one day. We will wait to see what happens when she gets through her closing arguments. Quite a day there in court. Thank you, Kara for going up and down trying to get us the information as soon as possible. John?

BERMAN: All right, Sara.

[11:29:44]

So former South Carolina Governor Nikki Haley, we're just hearing conducted her first interview since the New Hampshire primary. And in it, she talked about calling the chair of the RNC to complain about this motion that was introduced that would have declared Donald Trump the presumptive nominee they eventually backtracked on it though. This is a quote from this interview she's talking about Donald Trump here.