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Now: Trump In Hearing For Mar-a-Lago Classified Docs Case; IDF Rescues Two Hostages As Strikes Kill Dozens Of Palestinians. Aired 11- 11:30a ET

Aired February 12, 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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[11:00:57]

JOHN BERMAN, CNN ANCHOR: We are getting crushed reports about what is happening behind closed doors. Donald Trump and his lawyers meeting with the judge in the Mar-a-Lago documents case so will the timing on this case slide?

SARA SIDNER, CNN ANCHOR: Now we're also watching two live events expected to be happening this hour. President Biden set to speak in minutes. His first public comment since Donald Trump attacked the NATO alliance over money.

Also happening live this hour, now three-times Super Bowl champ, Patrick Mahomes, holding his first news conference after up thrilling overtime win. Kate Bolduan out today. I'm Sara Sidner with John Berman. This is CNN News Central.

BERMAN: All right, happening now Donald Trump and his legal team are behind closed doors with the federal judge in Florida overseeing the classified documents case. It's also deadline day for his lawyers in a separate case to ask the Supreme Court to address the ruling that he is not immune from prosecution for the January 6th election subversion case. Now CNN's Evan Perez is outside the federal court and Fort Pierce in Florida. Kristen Holmes is also in West Palm Beach. Evan, first to you, how long have they been inside? Any sense of what's happening? White smoke, black smoke? What can you tell us?

EVAN PEREZ, CNN SENIOR JUSTICE CORRESPONDENT: Yes. There's a lot of smoke here, John. But the former president has been in the courthouse now for about two hours. He's probably going to be in there. We anticipate another couple of hours. And what this hearing is, is going on behind closed doors. It is a closed door hearing because it has to do with some of the classified documents, some of the classified information that is at issue in this case. The -- some of the documents that prosecutors are trying to withhold from some of the defendants in this case is of course not only Donald Trump, but also his co-defendants. Walt Nauta, Carlos de Oliveira, their legal teams are also in there.

And the argument is over this, there are documents that are classified, that the government says are so classified and are so sensitive, that they're only providing summaries of some of those documents. And so what they're arguing, what the lawyers are arguing for the former president, they're arguing that anything that they want access to that they believe will be key and be useful to the former president's defense, they should be able to get access to.

And again, this is a federal courthouse where there is a skiff, which is a specially designed room where you are allowed to store classified documents, of course, the contrast with the -- some of the conditions in which classified documents were being stored at Mar-a-Lago. That's, of course, part of what's going on here today.

Now, again, we're expecting that after the former president and his legal team are allowed a couple of hours to talk to the judge and make their arguments. Later this afternoon, the government and Special Counsel Jack Smith and his team will be able to make their case as to why there should be continued some of these restrictions on these documents that, again, could be an issue in this trial. The trial is set to go in May. But at this point, we do not know whether that date holds at this point, John.

BERMAN: Yes. And that is really the big question. We're looking for any signs about whether that will slide coming out at today's hearings? Evan, thank you very much. Let's go to Kristen Holmes, who's in West Palm Beach. Kristen, I know you'll be shocked to learn that moments ago, I saw a e-mail fundraising solicitation from the Trump campaign saying quote, I'm in court again right now.

KRISTEN HOLMES, CNN NATIONAL CORRESPONDENT: Yes, it's actually so shocking, John. I can't believe that they would fundraise off of something like this. But the truth is, as we have seen, his campaign has used this time and time again, to really create some sort of media spectacle and treat these court appearances like campaign stops. They think it helps them with their base. They think it helps them fundraise.

But I do want to note with this trip in particular, they are not planning any remarks for the former president. The reason why this is so notable is one of the first times that he's actually appeared in court and not try to find a camera, not try to find a microphone. I'll remind you, John, last time he was in federal court in Washington, D.C., his team told him time and time again, you are not going to have any media availability. There are going to be no cameras on you. He said that was fine until about halfway through his actual appearance in which they scrambled to get cameras out there so he could actually deliver remarks.

[11:05:24]

Again, all of this is part of a calculated effort on the part of former President Donald Trump to paint all of his legal issues under one broad brush as political persecution, as election interference. And one thing to note is as he continues to lump them together, people become more and more, by people I mean, his supporters in particular, more and more believe the fact that these are all somehow related.

But of course, as we have continually pointed out, these are brought in different jurisdictions. There are -- some are state cases, some are federal cases, some are involved the DOJ, some do not involve the DOJ at all in our civil cases in New York, so something to point out there again, as he tries to turn these events into campaign events.

BERMAN: Yes. And today's particularly unusual because it's a meeting at least part of it with just his legal team and the judge. Maybe he really is just looking for FaceTime with Judge Aileen Cannon who is overseeing this case, which is interesting to think about there. Kristen, great to have you. Thank you so much. Sara?

SIDNER: All right, with me now is CNN legal analyst and retired Ambassador Norm Eisen. He is also the former House Judiciary special counsel in Donald Trump's first impeachment trial. Mr. Eisen, I'm so happy to see you this morning, a very close to us here, trying to get everything set. I do want to ask you a question about what the arguments are today that Donald Trump's defense team is making in front of this judge in this classified documents case. Norm, do you got me?

I think we're having a bit -- we're going to take a quick break. Norm Eisen, it looks like Max Headroom right now because we're having a little technical issue. For all of you that remember Max Headroom. We're going to throw it over to John. Sorry, John. I had to use the Max Headroom thing. We'll be back with that.

BERMAN: All right, the dramatic rescue that freed two Israeli hostages from Gaza. We'll bring you the very latest on how the Israeli Defense Forces managed to pull that off.

And Nikki Haley with remarks just moments ago about Donald Trump, remember Donald Trump criticized the fact that her husband who was serving overseas hasn't been by her side on the campaign trail. She says Trump mocks veterans and the closest that Trump has come to harm's way is a straight golf ball.

[11:07:51]

We also just received new video of the gunfire ringing out inside Joel Olsteen's megachurch and also new information about what the shooter had written on her rifle.

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SIDNER: We're taking some live pictures there of the courthouse Federal Court outside in Fort Pierce, Florida, looking down on the crowd as Donald Trump is inside that courtroom, inside that courthouse right now with his attorneys making some arguments. With me now a CNN legal analyst and retired Ambassador Norm Eisen. You're also a former House Judiciary special counsel in Donald Trump's first impeachment trial. What are the arguments being made right now in this classified documents case by Trump's defense attorneys?

NORM EISEN, CNN LEGAL ANALYST: Sara, thanks for having me back. This is an argument under our Classified Information Procedures Act, CIPA, Section 4. Unlike a regular trial, when you have a trial like this one for Donald Trump's legit possession of classified information at Mar- a-Lago, the defendants don't get every piece of paper. Yes, Donald Trump and the other defendants will get information that's helpful and necessary. But the government can hold back certain documents, redact others, substitute names with John Doe, and have the judge make other changes where you balance national security with the right of every defendant to have a fair trial.

And you go through that sometimes document by document. And that is what is happening in court. Both sides will talk, as we say ex parte by themselves with the judge, and then the judge, Judge Cannon, will make some decisions.

SIDNER: Yes, this is highly classified documents. You know, and there have been other cases, obviously, you can't just throw those out to every single person that is involved in the case. The government obviously arguing to keep some of those documents classified and away from the defendant here. The judge also ruled on something else that the government witness list should be unsealed for the public interest.

It was sealed as a protective measure to keep witnesses from being harassed and intimidated. And we have seen in other cases, especially linked to Donald Trump, witnesses being harassed particularly online. Is this a surprising ruling to you the judges say, yes, these names can be released?

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EISEN: It's not surprising but it's disappointing, Sara. The judge is needlessly exposing these individuals to threats, harassment, and possibly grave danger. It's the latest in a series of decisions that she has made that have caused observers to question whether she's biased in favor of the former president. Remember, this is the same judge who was reversed twice by the 11th Circuit during the investigation of the Mar-a-Lago documents when she tried to stop the government from using the documents they had obtained at Mar-a-Lago with their search warrant.

And when she tried to appoint a special master to oversee review of the documents, the extremely conservative 11th Circuit that oversees, they said, no, that's illegal. And I think she's crossed that line again, by exposing these witnesses to harm. We'll see whether DOJ appeals that or even tries to get her removed from the case.

SIDNER: Now, we'll be watching to see what happens and also what happens today whether or not Donald Trump comes out and says anything and unlikely we're hearing. But we will be watching there live. Ambassador Norm Eisen, thank you so much. Appreciate it. John?

BERMAN: All right, new this morning the Israeli military says it rescued two hostages who were kidnapped by Hamas on October 7th. It was a coordinated ground and air operation they say in Rafah, which is in southern Gaza. Sixty-year-old Fernando Simon Marman and 70-year-old Louis Har, wept, as they reunited with their families at an Israeli hospital just a short time ago. During the operation, the city was under heavy fire from Israeli forces. The IDF confirmed that they conducted a series of strikes. The Ministry of Health in Hamas-ran Gaza, told CNN that nearly 100 people were killed. Now CNN has not independently verified those numbers. CNN's Jeremy Diamond is in Tel Aviv with the very latest on this rescue, Jeremy, which is something we really haven't seen much up.

JEREMY DIAMOND, CNN CORRESPONDENT: Yes, that's right, John. This is only the second time that the Israeli military has successfully rescued hostages inside of Gaza since the beginning of this war, but it was the result of lengthy planning, a very complex and daring operation carried out overnight by Israeli Special Forces. We're told that these two men Louis Har, 70 years old, and 60-year-old Fernando Marman, were rescued when Israeli Special Forces breached a residential building in the heart of Rafah at about 1:49 a.m. local time. They were rushed out of that building under fire from Hamas fighters.

And just hours later, they were finally able to reunite with their families inside a hospital on the outskirts of Tel Aviv. Both of the men described as very thin but in good medical condition. But after that rescue, after those special forces enter that building, in fact, one minute after we're told that the Israeli Air Force launched a barrage of strikes on other parts of Rafah, effectively as a way to try and divert Hamas fighters from this rescue operation.

But the Palestinian Ministry of Health in Hamas-controlled Gaza say that nearly 100 people were killed in these strikes and hospital officials in the area describing hospitals as overwhelmed and many of the casualties coming in being women and children as well. So very clear the impact of this operation and also providing a glimpse of what may come soon as Israeli Prime Minister Benjamin Netanyahu vows to move forward with an offensive on that southernmost city of Gaza, which has become a refuge for 1.4 million displaced Palestinians in Gaza, many of them displaced from northern parts of Gaza.

The Israeli prime minister saying that they will -- that they are drafting plans right now to try and evacuate some of that civilian population, but much of that still remaining up in the air, a lot of uncertainty, a lot of fear in that city. But at this hour, John, we also have -- now have two Israeli hostages rescued and finally reunited with their loved ones after 128 days of captivity. John?

BERMAN: Jeremy Diamond for us in Tel Aviv, Jeremy, thank you. With us now is General Wesley Clark, CNN military analyst, former Supreme Allied Commander for NATO. General, Rafah on the far southern border of Gaza, right up against Egypt, so people can see where it is, these hostages that were rescued from they're reunited with their families at a hospital in Tel Aviv, a dramatic scene. And I don't want to lose sight of what a complicated mission this is for Israel to free these hostages so far in to this operation. What is the fact of this rescue, General, tell you right now about Israel's capabilities and how they're conducting this war?

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GEN. WESLEY CLARK (RET.), CNN MILITARY ANALYST: It says that the turmoil that's going on in Gaza is yielding actionable intelligence, John. So they're actually picking up locations of hostages, and then they're setting up the plans to get them. This was always the intent of this operation is that when you get these people moving in, they disrupt the command and control networks and you force Hamas to talk online or through telephone networks that can be monitored, or people get information about it, and they report it. This was always the intent of the Israeli operation. It looks like it's bearing some fruit. It's been a really tough time. But I think you'll see more of this as the Israeli forces squeezed down on Rafah.

BERMAN: And that is the question, how much more of it will there be because hundreds of thousands of people have moved south since October 7th, toward Rafah. This is what Rafah looks like now. People can see how densely packed it is. The United States is urging Israel not to conduct full scale military operations in Rafah unless somehow they can get all the civilians out. How do you do that, General?

CLARK: Well, I think you've got to work with the government of Egypt. And I think you've also got to put land aside in Israel, you've got to set up the refugee camps to bring these people out temporarily. Understand that Hamas doesn't want this to happen. This whole operation has been designed by Hamas to force Israel to kill civilians, to bring the world's opprobrium on Israel for conducting a war of self-defense against Hamas. It's been very cleverly done. It's been reinforced by Iran, and us and media networks around the world, including into the United States. But this was the Hamas design.

Now Israel has come to the crucial point here, they're going to have to bite the bullet, set up the refugee access out or egress out of Gaza, set up some camps, the United States and Europe should be helping in this right now. This is what should have happened in the beginning, John. We should have evacuated all of Gaza, figured out who lives there, monitor the communication, put biometrics on people. So you know who they are, you could have gotten Hamas. It would have taken several months, but this has taken several months, it would have cost $100 billion, this is going to cost $100 billion or more before it's finished.

So, you know, my critique of this is that the global powers, including the United States, didn't try hard enough to resolve this problem in the beginning. But seen from the Israeli perspective, this is a battle for survival. They simply cannot will get Hamas to remain in Gaza. They've got to either destroy it, or get it out of there. They can't live next to it. So got to work this.

BERMAN: We're running out of time. But I did want to ask you, former NATO Supreme Allied Commander, to react to Donald Trump's comments where he effectively invited Russia to invade NATO countries that may not have given as much to NATO as they are asked to.

CLARK: You know, John, you can't put enough adjectives on this to describe how treasonous such a comment is, how unfeeling, how insensitive to the fears of Europeans, many of whom have lived under Russian oppression, they know exactly what it is. They're much closer to the problem in Ukraine than Donald Trump has ever been. And they know what's going on there. This is a war of extinction against a nation of 40 million people to destroy the culture of the language, the history, and anybody who's associated with resistance to Russian occupation.

So you could have 10 million people killed, if Russia comes in there. Trump just is all about himself. He makes shocking statements. Maybe he wouldn't actually do this. Maybe it's just for theater. But he shouldn't do such things. And we know from his previous administration that he actually was working to disassemble NATO. So I put a lot of credence in what he says. It's not just a shock statement, although it is that. This is a warning to the American people what's going to happen if Donald Trump becomes the next president of the United States.

BERMAN: General Wesley Clark, we appreciate your time as always. Thank you. Sara?

SIDNER: Wow, John, those are strong words.

[11:24:30]

All right, new this morning, Nikki Haley says Donald Trump's threat to abandon NATO. She's got something to say about that, made her sick to her stomach. And her campaign has a new ad out this morning targeting Trump's history of attacking veterans, that's ahead.

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BERMAN: All right, just in. We're learning that Defense Secretary Lloyd Austin has just canceled his trip to Brussels which was scheduled this week. He was going to attend a NATO defense meeting. He was admitted to the critical care unit at Walter Reed this weekend to be treated for what the Pentagon calls an emergent bladder issue. Austin of course was also hospitalized back on New Year's Day after suffering complications following prostate cancer treatment.

He transferred his duties to his deputy Kathleen Hicks, late yesterday afternoon. The news though he is canceling some of his schedule, important parts we should note, of his schedule which indicates that I think he believes this treatment will last at least a few days.

[11:30:08]