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Will Supreme Court Rule on Trump Cases Soon?; Search For Missing Texas Girl Continues; New Evidence Corroborates Fani Willis Testimony; President Biden Leaves For California Fund-Raising Trip. Aired 11-11:30a ET

Aired February 20, 2024 - 11:00   ET

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

[11:00:01]

KATE BOLDUAN, CNN HOST: President Biden's reelection team is reporting new fund-raising numbers this morning, and they say, in January alone, they raised $42 million, meaning he now has $130 million cash on hand.

Perspective -- yes, that's a lot of money for any of us -- but no other Democrat running for president has ever posted that kind of number at this point in the election cycle. And Biden today is leaving the White House and Washington behind for a multiday fund-raising swing out West, hoping for more money ahead.

Let's get over to the White House. CNN's Arlette Saenz is there.

Arlette, the campaign co-chair was just on with us, and he says that one way you always measure enthusiasm is through contributions. We know they say that and hope that, but what does that all mean for this campaign right now?

ARLETTE SAENZ, CNN WHITE HOUSE CORRESPONDENT: Well, Kate, the campaign is really hoping that they can continue this fund-raising momentum heading into November, as they have really seen some sizable hauls coming into their campaign war chest.

It all comes as the campaign is bracing for quite an expensive campaign, which -- against who they expect to be the GOP nominee, former President Donald Trump. But those numbers that you ran through, $42 million in January alone, along with $130 million cash on hand, gives Democrats a bit of advantage at this moment in time.

So far, they have outpaced the former president, as well as other Republican rivals in the GOP primary, when it comes to fund-raising. But what this fund-raising number also speaks to is the fact that these donors within the Democratic Party, those high-dollar and small grassroots donors, still are standing firmly behind the president, even as there are anxieties about his reelection bid.

Today, the president is set to depart for -- in just a few hours for California, where he will embark on a three-day fund-raising swing, taking him through Los Angeles, also Silicon Valley, as well as San Francisco at an event with former House Speaker Nancy Pelosi. The campaign is expecting this could be quite a lucrative haul for

them over these next three days, one source telling me they could raise as much as $10 million in this three-day span. That speaks to some of the success that they're having among high-dollar donors.

But the campaign has also been pushing and trying to boost their support among those grassroots small-dollar donors. They note that January was their most successful month to date when it comes to those small-dollar donations.

And just to run you through a few of those numbers, they had 422,000 unique donors over the course of January; 97 percent of the campaign's donations since their launch have been under $200. And they have also found that 158,000 donors have committed to giving money to this campaign each month.

That gives them a bit of hope when they're looking at those small- dollar donations heading into November's election. The campaign is really using this as a measure of the enthusiasm they feel they're receiving from voters.

One campaign spokesperson said -- quote -- "This haul will go directly to reaching the voters who will decide this election. That's reason number 355 million that we are confident President Biden and Vice President Harris will win this November."

That 355 million reference is a jab at former President Trump, who will have to pay that amount in the wake of that New York civil fraud case. But what Biden campaign donors and campaign officials have consistently pointed to is that they also believe that Trump is a fund-raising advantage for them.

They can point to him in their small grassroots pushes online, as well as in courting those high-dollar donors, as they are bracing for what could be a very expensive race. Some people think it could come -- go up to about $2 billion in the end.

BOLDUAN: That number just blows your mind, that it could cost $2 billion; $2 billion could be spent to elect the president of the United States.

But the other number to keep an eye on, as you highlighted, is that -- the 97 percent number of donations that the campaign reports has been under $200 since launch. Those are -- that means they can go back. They can ask those donors for more. They have got room to grow to keep them coming back.

It's good to see you. Thank you -- Sara.

SARA SIDNER, CNN HOST: All right, let's keep the 2024 conversation going now with CNN political commentator and Democratic strategist Maria Cardona and CNN senior political commentator and former special assistant to President George W. Bush Scott Jennings.

Thank you both for being here.

I'm going to start with you, Scott.

Lots of donations usual equal enthusiasm, as we were just listening to Kate about these numbers. And this is enthusiasm for a candidate. Biden's latest haul is huge. Should this rattle Republicans?

SCOTT JENNINGS, CNN SENIOR POLITICAL COMMENTATOR: Not really. I mean, you're running against an incumbent president of the United States. This is one of the main things they can do is raise money.

Democrats have been doing a great job raising money in the last several cycles, really going back to 2016. It's been the Democratic Party that's had the principal financial advantage in American elections. So not surprised he's got the money.

The question is, is anybody going to be buying what they're selling with all that money? And, right now, there's no evidence of that in the polling. But, obviously, in campaigns, it's better to have it than not have it. They have it. But I don't think it's unexpected for Republicans, who've always assumed that Democrats will have a well- funded effort.

[11:05:13]

SIDNER: Maria, what does this tell you when you look at those numbers, especially that 97 percent of them since the campaign began, are $200 or less, so small donors?

MARIA CARDONA, CNN POLITICAL COMMENTATOR: Yes.

That number, that 97 percent of donors who are giving $200 or less, goes exactly the opposite of what Scott is saying. They are literally buying what Joe Biden, what President Biden, is selling, because that's why they give.

They're giving because they support this man, because they want him to get reelected, because they see him as the one who is going to continue to boost the economy for their families, for a brighter future for their children, and the one who's going to protect our rights and freedoms, and the one who's going to protect our democracy and our Constitution and the United States of America.

So, to me, this news today, Sara, speaks volumes and speaks much louder than all of the polls that we have been seeing, than all of the anonymous chatter and quotes from other Democrats who are so worried about Joe Biden's age.

And all of that will absolutely have a place in the discussion of this campaign. That's not going to go away. But I think what we should focus on right now is the fact that Democrats, and, frankly, I think more than Democrats, Republicans and independents who understand what an existential threat Donald Trump will be to this country if he is allowed anywhere near the Oval Office again, these are the people who are literally giving their money.

They are buying what Joe Biden is selling, because they want this country to be a better place, and they see Joe Biden as the one to do that.

SIDNER: Maria, I want to get your thoughts on this, because there is one person who has come out that everybody knows his name, Senator Joe Manchin of West Virginia. He was asked by Kaitlan Collins on Monday if he would endorse President Biden.

And he said this: "I'm not endorsing anybody right now."

Could this hurt the Biden campaign? What do you make of his words?

CARDONA: I don't -- I'm really not surprised. I mean, it's Joe Manchin, right? He is always somebody who's going to march to his own tune. He's not going to let anybody pressure him into doing or saying anything that he is not ready to do.

I think what we should focus on is what he has said about Donald Trump, both publicly, as well as privately. He believes that Donald Trump is a threat to democracy, is a threat to this country.

So I am pretty confident that, even though right now today Senator Manchin is not ready to endorse a Joe Biden presidency, I believe that, as we get closer to the general election, when everyone understands the contrast that this is going to be, that this general election is going to be, again, between a man who will continue to boost our economy and focus on the future, a better future for Americans, and someone who is a fraudster, a sex offender and who is only in it for themselves, I believe Joe Manchin, as well as millions of other Americans, will endorse Joe Biden, either through words, through their money or through their vote at the ballot box.

SIDNER: Scott Jennings, you know South Carolina is coming up fast, the primary there. Nikki Haley is trying to take a chunk out of Donald Trump with the words that she's been using. She's really been on the attack.

What do you make, though, of her not answering the question as to whether or not she would endorse a President Trump or a nominee Trump going forward? She sort of skirted around that.

JENNINGS: Yes, it's a great question, because most people have expected all the other Republicans to fall in line.

But in the last couple of weeks, Haley has become much more strident in her criticisms of Trump. I mean, she doesn't sound like someone who's going to be willing to hop up on a press conference a few days after whenever she decides to get out and say, this is the right choice for president.

So I used to think everybody was going to get in line. I just -- I don't know. She doesn't sound like somebody who wants to do that. And, today, I'm reading that she's apparently going to say she's going to stay in the race well beyond South Carolina and Super Tuesday, even if Donald Trump amasses the delegates necessary to be the presumptive nominee.

So I don't know what she's planning, but it doesn't sound like it's going to be an endorsement any time soon. That's for sure.

SIDNER: Yes, it's interesting. And she's also got a war chest behind her as well. She's been gathering lots more money so that she can do that, so that she can stay in the race.

We will wait and see.

Maria Cardona, Scott Jennings, thank you both so much for coming on and having this conversation.

CARDONA: Thanks so much, Sara.

SIDNER: Appreciate it.

All right -- Fred.

FREDRICKA WHITFIELD, CNN HOST: All right, Sara, police in Texas now have a person of interest as they search for missing 11-year-old girl, and it's someone the family knows well. We have new details about who police say saw the girl last.

Plus, CNN follows up on that explosive testimony from the Georgia district attorney prosecuting Donald Trump. What we have learned that corroborates some of what she said on the stand.

[11:10:00]

And are you looking for a new gig? Details on the NASA mission that's looking for volunteers.

(COMMERCIAL BREAK)

BOLDUAN: We have new CNN reporting about the case against Donald Trump in Georgia and the messy fight also over the district attorney. District attorney Fani Willis is fighting efforts to have her thrown off the election subversion case over a personal relationship with the lead prosecutor.

[11:15:07]

Now, at last week's very fiery hearing, Willis testified that she never benefited financially from the relationship with Nathan Wade. In her words, when she travels, she always paid cash.

Well, now the host at a Napa Valley winery is telling CNN what he saw when the two of them visited. This is reporting from CNN's Zach Cohen.

Let's bring Zach in to learn more about it.

You spoke with this host. What did he tell you?

ZACHARY COHEN, CNN NATIONAL SECURITY REPORTER: Yes, Kate, when Fani Willis took the stand last week, she argued there was no financial benefit that she received from a relationship with Nathan Wade because, at the end of the day, they effectively split the cost of these vacations that have come out in these allegations against her. And that includes a trip to Napa Valley in 2023. And that's where my

interview with Stan Brody comes into play here. Stan worked at the winery at the time. And he hosted Fani Willis and Nathan Wade that day. And he said he recalls, when the bill came, Fani Willis not only picked up the check, but she paid in cash, almost $400 in cash, which struck him as odd.

But take a listen to what he told me about that encounter with Fani Willis and Nathan Wade last year.

(BEGIN VIDEO CLIP)

STAN BRODY, ACUMEN WINES: I ran up the thing, and I showed her. I was expecting a credit card, quite frankly. And said: "I will pay cash." And so that was that.

So then I just put the cash in, made change for her. And she was very generous to me.

(END VIDEO CLIP)

COHEN: So, Stan was apparently in outer space when we did our interview.

But his -- what he said actually does relate and is important in the context of the case in Georgia, because, look, without -- when you pay cash, there's no paper trail. And that is a sticking point for the judge who is weighing whether or not to disqualify Fani Willis over this issue of whether or not she benefited financially.

And sources I have talked to say that, if Fani Willis is throwing off the case, it will effectively end any hope of prosecuting Donald Trump in Georgia.

BOLDUAN: Great reporting, Zach. Thank you so much.

And we do all love a creative Zoom background. You know who loves a creative Zoom background? Sara Sidner loves a creative Zoom background.

SIDNER: OK. Well, how did this happen? It's true.

BOLDUAN: But this made me think, And this -- this made me think of pulling from the archives the most creative, best Zoom background of all time.

Do you remember the cat lawyer?

SIDNER: The cat lawyer. It was number one. I still watch that for entertainment.

BOLDUAN: Do you remember it?

SIDNER: Yes.

(CROSSTALK) SIDNER: Yes.

(LAUGHTER)

SIDNER: I like to use the Golden Gate Bridge or something. This was, -- he's like, sir, I don't know how to turn it off.

BOLDUAN: May I do a dramatic read?

SIDNER: Yes, please.

BOLDUAN: OK, this is -- just to remind everybody, this was a county courthouse in Texas in 2021.

And it was an online hearing.

Judge to attorney: "Mr. Ponton, I believe you have a filter turned on in the video settings."

After a hilarious back-and-forth, Mr. Ponton charges ahead: "I'm prepared to go ahead with it."

And then he crucially...

(CROSSTALK)

(LAUGHTER)

BOLDUAN: "I am here live. I am not a cat."

SIDNER: "A cat." That was my favorite line.

(LAUGHTER)

SIDNER: And I use it to this day. So it is perfect.

And while we are joking and laughing...

BOLDUAN: No.

SIDNER: ... because it -- we have some serious things to talk about.

BOLDUAN: We do.

SIDNER: We are tossing it right back over there to Fred to talk about some real issues.

But this was funny, I have to say.

WHITFIELD: Right.

And I have real people with real faces...

(LAUGHTER)

WHITFIELD: ... as we watch the U.S. Supreme Court and where the justices have yet to weigh in on key filings from former President Donald Trump.

Trump wants the Supreme Court to keep his federal election interference case on hold while he appeals a scathing ruling from a D.C. appellate court panel rejecting his claim that he has presidential immunity.

Joining me right now to discuss, former assistant special Watergate prosecutor Nick Akerman and Caroline Polisi, a federal and white- collar criminal defense attorney.

Good to see both of you in person. We don't have to worry about any Zoom mishaps.

NICK AKERMAN, FORMER ASSISTANT SPECIAL WATERGATE PROSECUTOR: No question.

(LAUGHTER)

WHITFIELD: All right, Nick, to you first, because let's talk about the Trump team wanting to block this lower court decision.

You say it's likely a long shot for a variety of reasons. For one, it would undermine -- the Supreme Court would be undermining their decision, which said no one is above the law.

AKERMAN: No question about it.

I mean, first of all, you have to look at what the status of this is right now. What we have is an indictment. These are just allegations. The Supreme Court is going to have another shot at this issue after Trump is likely to be convicted in this election interference case.

At that point, a jury will have made a finding based on evidence that goes before them, and then they will have a real record if they want to talk about this. The fact of the matter is, the D.C. Circuit issued a very detailed, well-thought-out, reasoned opinion that went on for 40 -- 57 pages, covered every single issue that Trump raised.

And then, on top of it, I don't think the Supreme Court wants to get involved in another election issue in 2024, when they're already dealing with the 14th Amendment issue, which I think they're going to be writing a more extensive opinion on, and is something that has never come up before.

[11:20:01]

WHITFIELD: Well, we will get to that one in a moment, because I wonder, Caroline.

I mean, that was a very comprehensive, detailed order that came from the appellate court. What, in particular, would the Supreme Court be considering here? I mean, why are they taking so long, number one? Because they have already read through it. And if there seems to be some universal synopsis here that it really is about no one being above the law, what are they weighing in which to make a decision?

CAROLINE POLISI, DEFENSE ATTORNEY: Yes, that's the question everybody wants to know, right?

WHITFIELD: Yes.

POLISI: I agree with Nick the Supreme Court does not want to touch political issues with a 10-foot pole.

However, they are considering the Colorado ballot case, which I think, in all likelihood, they are going to rule in favor of former President Trump. This could be sort of an elegant solution if they take the case ruling against him to sort of look impartial. I don't think ultimately that is the reason to take or not take a case.

But, interestingly, Fred, the merits of this case could be less important than the timing.

(CROSSTALK)

POLISI: So what we have now is, they're asking for a stay. President -- former President Trump is asking for a stay...

WHITFIELD: Yes.

POLISI: ... pending their filing of -- pending the Supreme Court's decision whether or not to take the cert motion.

So there's a lot going on. But based on whether or not the court is going to continue that stay, saying either the trial court can't proceed, we can't get a final answer on this while we hear it, their merits docket is full for the season. So they could kick it -- if they take it on the merits, it could -- I mean, we could be months before we get to this case.

(CROSSTALK)

WHITFIELD: Right. It would really upend the challenger.

POLISI: Exactly. Exactly.

WHITFIELD: So, as it pertains to the 14th Amendment, the case with Colorado, they made their arguments as to why they believe the former president doesn't need to be on the ballot.

But you heard the inferences from the justices, who were essentially giving a lot of hypotheticals about, wait a minute, you mean, from this point forward, states could determine who is deserving of being on a ballot or not?

So is this one kind of a given because of the way we heard the questions from these justices that you think they will be siding, Nick, with Colorado?

AKERMAN: Yes, I think it is given as to how they're coming out on this.

WHITFIELD: So, why is it taking so long?

AKERMAN: Because...

WHITFIELD: Or am I just impatient?

AKERMAN: No, no, this is not very long.

WHITFIELD: It seems they may have rendered a decision by now.

AKERMAN: Yes, I'm sure they have. And I'm sure they're going to write an opinion saying that Congress has to implement some kind of standard for this.

The fact of the matter is, they're a bunch of cowards. They could have taken this issue. They could have decided whether or not Donald Trump engaged in an insurrection. All they had to do -- they are the supervisors of the grand jury in Washington, D.C. They could have reached into that grand jury, taken out the testimony of former Vice President Mike Pence, taken out the testimony of the White House lawyers, taken out the testimony of Mr. Trump's chief counsel, Mark Meadows.

Based on that, they could have made a finding. I mean, they have just run away from this. There's no question that this guy engaged in an insurrection, and the Supreme Court should have looked at that evidence and so found.

WHITFIELD: Caroline, there's so much unbelievable pressure on these justices, right, because they're working so hard not to look political.

But you got these kinds of cases. It is bound to look political.

POLISI: Yes. I mean, Bush v. Gore is looming large in the minds of all of these justices.

WHITFIELD: Yes.

POLISI: The Supreme Court is supposed to be immunized from political decisions. In reality, they never have been. They -- there's clearly a split. We have a conservative supermajority.

Now, that doesn't mean -- that so far hasn't held that they sort of vote the ticket, as it were, meaning Trump appointees don't -- sometimes don't rule in favor of Trump. And that's why it's a pretty cynical idea that they would engage in horse-trading on the issues of the Colorado case versus the immunity case.

We will see what happens.

WHITFIELD: All right. Caroline, Nick, good to see you both. Thank you so much.

AKERMAN: Thank you.

WHITFIELD: Sara.

SIDNER: Thank you, Fred. The Alabama Supreme Court just made a decision that could make it

nearly impossible for women in that state to do in vitro fertilization, and the implications could ripple to other states. We will discuss.

Plus, we're getting emotional firsthand accounts from the doctors inside a Gaza hospital forced to evacuate its patients as the Israeli military moves in. One is describing it as a horror movie. Listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Where is the humanity? Why this is happening to us? Why?

(END VIDEO CLIP)

(COMMERCIAL BREAK)

[11:28:59]

SIDNER: Texas authorities have named a family friend as a person of interest in the disappearance of 11-year-old Audrii Cunningham.

Now, Audrii was last seen Thursday when she was just on her way to her school bus stop. Police say the 42-year-old man who lives in a trailer behind the family's home was the last person known to have seen her.

CNN's Rosa Flores is in Livingston, Texas.

Rosa, I know you had an extensive conversation with the sheriff, who walked with you and talked with you and talked you through this case and talked about why this was a person of interest. What did he tell you?

ROSA FLORES, CNN CORRESPONDENT: You know, Sara, we learned new details about the search, about the little girl's backpack, where that backpack was found.

-It was found near a dam in an area that is muddy. And I asked him if there was anything in that backpack or around the backpack, if there were signs of struggle or clues there. And the sheriff said that there were not, that there was no DNA, there were no signs of struggle, no blood in and around the area. And -- and, of course, they continue to search.

Now, he also mentioned that the person of interest, Don McDougal.