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Soon, Trump Heads Back to Court for Day 2 of Hush Money Trial; Now, Israel's War Cabinet Meets for Fifth Time on Response to Iran; Charges Against Trump, Rioters at Stake as Supreme Court Hearse Case. Aired 7-7:30a ET

Aired April 16, 2024 - 07:00   ET

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

[07:00:12]

KATE BOLDUAN, CNN ANCHOR: The new challenges facing Donald Trump and the Manhattan D.A. after more than half of the potential jury pool was immediately dismissed on the first day in court.

JOHN BERMAN, CNN ANCHOR: The Supreme Court hears arguments today that could overturn hundreds of January 6th cases and have a huge potential impact on the federal case against Donald Trump.

And do not mess with the Swifties. New reports that the Justice Department is preparing to sue huge concert ticket provider Live Nation after a website out has left Taylor Swift, quote, pissed off.

Sara is out. I'm John Berman with the host of 5 Things now streaming on MAX, Kate Baldwin. This is CNN News Central.

BOLDUAN: This morning, new details about what's out, what's in, and what is still left to be decided as day two of the historic criminal trial of a former president begins very soon in New York City. Next hour, we should see Donald Trump leaving his apartment for court, and then work continues to try and seat a jury that will weigh the 34 charges against him.

He's accused of falsifying business records to conceal a scandal involving adult film star Stormy Daniels. Dozens of potential jurors, though, are already out after they told the judge that they could not be impartial in deciding this case.

Also out from the trial, playing the Access Hollywood tape for the jury, though the judge did say it could be discussed.

As for what's in the testimony from Stormy Daniels, the testimony from Trump's former fixer Michael Cohen, and testimony from former Playboy model Karen McDougal, who alleges she too had a relationship with Donald Trump, and also was paid to keep quiet.

Trump has denied all wrongdoing.

Also in for now, Donald Trump required to stay in court for the four days a week that it's in session, even though Trump continues to make requests for exceptions. Among the big unknowns, will Trump be fined $3,000 after prosecutors allege he's already violated the gag order? Will any jurors be seated today? And will Donald Trump stay awake through it all?

CNN's Brynn Gingras is live outside court for us. So, Brynn, where do things pick up this morning?

BRYNN GINGRAS, CNN NATIONAL CORRESPONDENT: Yes, Kate. I mean, day one is proving exactly what everyone sort of thought. It's going to be difficult to find an impartial jury for this trial.

As you just said, more than 50 people were excused yesterday because they said they couldn't be impartial or fair. And then that number continued to whittle down basically based on those 42 questions that the judge is asking these jurors. One juror said that they had strong opinions about Trump. Another juror said that they believe an ex- president, a current president, even a janitor, should basically be held to the law.

So, there's a lot of questions here that are continuing to be asked, and that process is going to continue today.

Now, listen, jury selection didn't even get started until about 2:30 in the afternoon yesterday because so many motions were heard earlier in the day when courts started. Some of those you've already laid out for the viewers, basically who can testify, who can't testify, what's in and out of this trial as it continues to proceed. But another is that gag order that you just mentioned.

Now, the prosecution basically asked the judge that Trump be held to that gag order. Remember, he's not allowed to talk disparagingly about jurors, about the prosecution's family, about the judge's family, about any witnesses. And the prosecution essentially said he violated that three times with three different tweets. One of them, he called his ex-attorney, who will be a main witness in this case, Michael Cohen, a sleazebag.

So, the judge is saying that he is going to rule on that next week at a separate hearing. But the prosecution asking that Trump be fined $3,000 for violating, they say, that gag order.

So, a lot happened in day one. Jury selection is going to be picked up today. One court resumes at 9:30. The judge saying he wants to start sharp at 9:30. And everybody needs to be here.

[07:05:00]

So, we will be waiting for the former president again to be back in court as he's required. Kate?

BOLDUAN: As you're laying out, a lot of work before all of them this morning. It's good to see, Brynn, thank you. John?

BERMAN: All right. Happening now, Israel's war cabinet is behind closed doors, meeting for the fifth time, still calibrating a response to the huge and unprecedented aerial attack from Iran this weekend. Iran's president is warning this morning that depending on what Israel does, they are prepared to launch a severe, extensive and painful retaliation.

CNN's Nic Robertson is in Jerusalem this morning. Nic, what's the latest from there?

NIC ROBERTSON, CNN INTERNATIONAL DIPLOMATIC EDITOR: Yes, John. The war cabinet has been back in session now for about an hour-and-a-half. No indication when they'll wrap up. These sessions have been going longer than previous war cabinet sessions that have discussed the course of actions in Gaza.

We know at the moment that the discussion centers around not if Israel will strike back in Iran, but how it will do it, when it will do it, what will be the scope and scale of it. You only have to look at the people around the table there.

The tight war cabinet, of course, is the former leader of the opposition, Benjamin Netanyahu's former sort of head political opponent, if you will. Benny Gantz, there's the defense chief, Yoav Gallant, there, and the prime minister make up the core of the war cabinet.

But there are a lot of other people around the table. We've seen around the table the military chiefs, the head of Mossad, to name just a few. There's a lot of military expertise around that table.

And we're learning one fact this morning from comments made by the U.N. watchdog -- nuclear watchdog's chief, Rafael Grossi, yesterday. He said that the Iranians had informed him that, on Sunday, they had shuttered their nuclear facilities for security reasons. That tends to indicate Iran is concerned, it appears, that Israel might strike back at those facilities. And look at Israel's track record of striking covertly, deeply into enemy territory when they want to.

The Iran nuclear reactor in Osirak, 1981, the Syrian nuclear reactor that had been bought from North Korea, 2007, sophisticated, deep penetrations of enemy airspace to take out specific and tight targets.

We have no idea what Israel is discussing. The army chief of staff last night told troops we are looking ahead. There will be a response. The clock seems to be ticking, but it's anyone's guess at the moment, John, what and when will be hit. But something seems to be in the sights of the government here.

BERMAN: Obviously, these are the key questions Israel facing a lot of pressure from around the world To keep it proportionate.

Nic Robertson, thanks so much for being there in Jerusalem. I appreciate it. Kate?

BOLDUAN: Riot revisited, the Supreme Court is about to hear a January 6th case that could overturn the sentences for hundreds of people who stormed the Capitol that day.

And the disputed start -- the undisputed star, pardon me, of women's college basketball, Caitlin Clark is headed to the WNBA and in my home state. How bright is her future looking now? We've got all the details.

And this morning, the torch has been lit in Greece for the Olympic Games in this long held tradition, the march to the Summer Olympics and where the flame will travel in its three-week journey to Paris 2024.

[07:10:00]

(COMMERCIAL BREAK)

BOLDUAN: Obstruction charges against hundreds of January 6th rioters are at stake today. The Supreme Court is about to hear oral arguments in a case that could result in those cases and sentences getting thrown out.

This is all about a federal statute that came to life after the Enron scandal, actually. The statute makes it a crime to corruptly obstruct an official proceeding. Prosecutors leaned on this in the cases against more than 350 rioters who forced their way into the Capitol on January 6th. And what happens here could also have real impact on the special counsel's case against Donald Trump.

CNN's Joan Biskupic has much more on this. And a note to everyone, her book, On the Court, Nine Black Robes, is out in paperback today.

Joan, on the many hats that you wear for all of us, what is going to happen when oral arguments begin?

[07:15:00]

JOAN BISKUPIC, CNN SENIOR SUPREME COURT ANALYST: You're going to hear the justices take a very close reading at that statute, Kate. And as you see there, it says that anyone who obstructs influences or impedes any kind of official proceeding could be charged.

And what a lower court judge first ruled is that you need some evidence. You need some documents, that this law passed in 2002 in the wake of the Enron financial practices scandal, involves evidence of documents.

And a lower court judge said it couldn't be used against the January 6th defendants and potentially against a couple charges that are right now leveled at former President Donald Trump.

But an appeals court reversed, said that the law was actually written by Congress in a way that could sweep up broader conduct.

And that's what the U.S. solicitor general, Elizabeth Prelogar, will argue today, is that Congress wanted to get a broad range of conduct here, not just conduct that would involve actual documents.

And, Kate, just so you know, Special Counsel Jack Smith put in a footnote in his filing having to do with the big immunity case that will be argued at the Supreme Court next week saying that he was aware that this Fisher case, Fisher versus the United States, was coming up and he said, no matter how the Supreme Court rules, it should not actually affect Donald Trump because she says that Donald Trump's own activities on that day also involved evidence, you know, the certification of the electors for that day.

But you were right to hit how this could affect more than 300 cases. These cases, you know, many of the defendants from January 6th were charged with multiple crimes. So, it's not like suddenly lots of people would go free, it's just that maybe some sentences could be reduced if the Supreme Court in the end rules against the government here and says that the statute has to be read more narrowly. Kate?

BOLDUAN: Yes. Still a mess, though, and you're talking about more than 350 cases. And if they're now, you need to go back somewhat to a bit of a drawing board on this.

It's great to see you, Joan, a lot to listen to.

BISKUPIC: I actually cannot hear you.

BOLDUAN: No worries. No worries at all.

Stay with CNN at 10:00 A.M We're going to bring you those oral arguments live. I love Biksupic so much.

Coming up still for us, tasers, burner phones and a very bloody scene, the new details coming out now about what was found after two Oklahoma women went missing and the custody battle that may be involved in their deaths.

And a historic landmark engulfed in flames. The rescue efforts underway right now in Copenhagen.

We will be back.

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[07:20:00]

BERMAN: All right. This morning, unsealed court documents reveal new details in the disappearance and murder of two women in Oklahoma. A custody battle between one of the victims and one of the four suspects may have led to their death.

CNN's Rosa Flores joins us now with the details. Rosa, what are you learning here?

ROSA FLORES, CNN CORRESPONDENT: Well, let me start from the top because this nightmare starts for the families of Veronica Butler and Jillian Kelley about two weeks ago. Butler and Kelley were on their way to pick up Butler's children from their grandmother when they vanished in rural Oklahoma.

Now, they were supposed to go to a birthday party because they didn't show up to the birthday party. Butler's family went to go look for these two women and they found their abandoned vehicle. Now, that's when they called police.

We have video of that area from our affiliates. That's where you see the flowers and the cross with the names of those two women. Well, investigators obviously responded to the scene, and according to affidavits, here is how that scene is described. Quote, blood was found on the roadway and edge of the roadway. Butler's glasses were also found in the roadway south of the vehicle near a broken hammer. A pistol magazine was found inside Kelley's purse at the scene, but no pistol was found.

Now, the affidavit also says that Butler and the grandmother of her children were in a custody battle. And now that grandmother is charged with Butler's murder.

But she's not the only suspect. There are four suspects. Here they are. The grandmother is Tiffany Michelle Adams. Her boyfriend is also a suspect, Tad Bert Cullum, and the two other suspects are married, Cole Earl Twombly and Cora Gayle Twombly.

Now, according to the affidavit, they all belong to an anti-government group.

Now, important to note that two bodies were found over the weekend in this rural area of Oklahoma. The medical examiner's office is working to identify these two bodies. They have not been identified as Butler and Kelley, but the affidavit makes it very clear that the four suspects are charged with two first-degree murder charges, two kidnapping charges, and one charge for conspiracy to commit first- degree murder, quote, by arranging and planning the deliberate, intentional, and unlawful taking away of the life of Veronica Butler and/or Jillian Kelley.

Now, the affidavit goes on to say that the grandmother, Adams, had purchased five stun guns, three burner phones, and that Twombly's teenage daughter had told investigators that the defendants had made other attempts to kill Butler.

Now, that's a lot, John. I've got to mention that we have made attempts to contact the representation of these four defendants, if they have representation. We have not been successful. They're expected to face a judge for the first time tomorrow morning.

John, back to you.

BERMAN: They face the judge for the first time tomorrow. And it's a lot. You did a great job explaining it all.

So, there have been two bodies recovered. No positive identification yet on the bodies. Any timeline of when that might happen and how important is that to the case?

BERMAN: I think I heard your question, John, and I think I just lost IFP for our technical folks. What we know from investigators is that the medical examiner is working to identify the bodies, but the OSBI in Oklahoma and the D.A.'s office have been very tight-lipped about any more details about providing a timeline in this case.

All they're saying is that they're working to identify the two bodies that were recovered. But as I mentioned in the affidavit, it makes it very clear that these four suspects are charged with the killings of these two women.

BERMAN: All right. Rosa Flores for us covering this, Rosa, I really appreciate your reporting. Whether you can hear me or not, you've done a great job with this. Thank you very much.

We are standing by as Donald Trump returns to a New York City courtroom.

[07:25:00]

Will they be able to select a juror today? Not a jury, a juror, a single one? Also, will Donald Trump be able to stay awake?

And then how a herd of angry Taylor Swift fans led the Justice Department to take on ticketing giant Live Nation.

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BERMAN: All right. New this morning, a huge moment for House Speaker Mike Johnson, even bigger for Israel and Ukraine. We've got new details about how the speaker plans to pass aid to Israel and Ukraine, also Taiwan, this week, this after months and months of waiting and sometimes waffling.

[07:30:00]