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Cross-Examination of Michael Cohen Resumes In Hush Money Trial; ICC Seeks Arrest Warrants For Hamas And Israeli Leaders; "Diddy" Says He Is "Truly Sorry" For Actions In Hotel Video. Aired 7:30-8a ET

Aired May 20, 2024 - 07:30   ET

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

[07:30:00]

BRYNN GINGRAS, CNN CORRESPONDENT: Now, the thinking is at some point today, the prosecution is going to rest its case. And then, of course, it's the defense's turn to bring its case. That part is still unclear as you just indicated right there.

We don't know if any witnesses will be called to the stand for the defense. It's possible we might hear from a campaign finance witness. And it's also possible -- they have left that door open -- if the former president will take the stand. So we will see.

However, the judge did say last week that he wants both sides to be ready for closing arguments to happen at some point tomorrow. Now, if that happens, we will see but certainly, that is a possibility.

So listen, guys, three days of court this week. There is no court on Wednesday. There is no court on Friday because the jury requested the day off before the holiday. So it's very possible this case could go to jurors by the end of this short week or it's possible we might see them back here next week.

But a lot in store as the prosecution will wrap up its case with that key witness, Michael Cohen, back on the stand when court resumes at 9:30 this morning.

SARA SIDNER, CNN ANCHOR: In this case, the end is nye. Brynn Gingras reporting there live from New York outside of court -- John.

JOHN BERMAN, CNN ANCHOR: All right, the breaking news and a CNN exclusive. The International Criminal Court seeks arrest warrants against the Hamas leader and Israeli leader Benjamin Netanyahu. This will have huge diplomatic implications, especially here in the United States. We have brand new reporting.

(COMMERCIAL)

[07:36:00]

SIDNER: We are following the breaking news out of the Hague this morning. The International Criminal Court exclusively telling CNN's Christiane Amanpour prosecutors are seeking arrest warrants for top Hamas and Israeli leaders on charges of war crimes and crimes against humanity over the October 7 attacks on Israel and Israel's subsequent war in Gaza.

Joining me now, Nic Robertson from London. Nic, first of all, can you just explain the role of the ICC and how it was formed?

NIC ROBERTSON, CNN INTERNATIONAL DIPLOMATIC EDITOR: Yeah. Typically, the ICC goes after -- if you will, tries to prosecute leaders. The ICJ prosecutes countries. So that's why we're hearing the specific names today of Prime Minister Benjamin Netanyahu; Yoav Gallant, the defense minister; Yahya Sinwar, political head of Hamas; Mohammed Deif, the military head of Hamas; Ismail Haniyeh, the political leader outside of the country.

So it is an institution that came into being in 2002. And the reason it was created was following the wars, for example, in the former Yugoslavia and Rwanda -- the genocide there. The U.N. recognized that there was a space for an international body to be created that would -- that would prosecute individuals rather than an ad hoc basis that had happened previously per genocide, per war.

So this was created and 125 countries, now total, have signed up to what's known as the Rome Statutes. And if you're a signatory to the Rome Statute, then for any person charged or at least an arrest warrant is requested for that individual, be it Benjamin Netanyahu or whomever, you as that country -- those 125 countries -- would be obliged to arrest that person.

SIDNER: Neither Israel, though, nor the United States are members of the ICC. They're not part of that 120 group of countries that joined. So how will this work?

ROBERTSON: I think if we look at the case of Vladimir Putin, the Russian president, it's a -- it's a recent example of -- the most high-profile example of the ICC doing what Karim Khan, the chief prosecutor, did today. He's now asked a panel of judges to decide if his evidence is strong enough for them to issue arrest warrants. And that happened with Vladimir Putin within the past couple of years.

But look, Vladimir Putin is still president of Russia. He still has power. Russia is not a signatory to the Rome Statutes. Neither is China. Neither is India.

However, when Putin thought that he would attend the big BRICS Summit in South Africa last year, he decided not to go because there was a potential that in South Africa he could be detained because that would be a request of South Africa as a signatory to the Rome Statutes.

So there are implications. There are real world implications, but it doesn't rip somebody from power and stop them from doing their day job.

SIDNER: Yeah, interesting to note because Benjamin Netanyahu also had plans to travel, and I think has canceled those plans in light of this potentially.

Nic Robertson, thank you so much. I really appreciate you explaining how the ICC works and why it was created -- Kate. KATE BOLDUAN, CNN ANCHOR: And joining us right now to talk about the political implications of all of this is political commentator and Democratic strategist, Maria Cardona. And Republican strategist, Doug Heye.

Guys, a lot of breaking news this morning happening internationally but with real political ramifications that are going to be felt here in the United States.

Maria, what kind of position does this put President Biden in -- these charges being sought by the ICC against leadership of the state of Israel? We know that the United States has been firmly opposed to any charges being brought and the investigation.

MARIA CARDONA, CNN POLITICAL COMMENTATOR, DEMOCRATIC STRATEGIST: Right.

BOLDUAN: But now that we see this, what position does this put Biden in?

[07:40:02]

CARDONA: Well, I suspect, Kate, that this will be another challenge for President Biden because, as you can imagine, this determination will probably be something that a lot of the protesters that we have seen around the country who are pro-Palestinian and want to focus on the rights of Palestinians are going to applaud this and are going to think that this is actually good news.

We know that the United States does not support this decision. We also know that President Biden and the administration will not waiver in their support of Israel and, therefore, in their support of Benjamin Netanyahu.

While at the same time, though, Kate -- and I think this is critical to underscore and I'm sure the administration will underscore it publicly and definitely, privately -- that stalwart support for Israel will continue to give them the ability to publicly and privately push Netanyahu to execute the war in Gaza a lot more carefully with a focus on making sure that food, and aid, and medicine gets to innocent Palestinians, and to make sure they focus on pushing them to secure and protect innocent Palestinians as much as they can.

We know that has been a friction in attention personally, frankly, between President Biden and Netanyahu. I think that will continue.

But overall, I do think it adds an overlay of complication to what has been a challenge for President Biden here domestically.

BOLDUAN: Yeah, and we have seen it in the polling, and we've seen it in the protests across -- on college campuses across the country as well, Maria. A great point there.

And Doug, as the ICC has been investigating and rumors of, if you will, the possibility of charges having been floated, Republican lawmakers have been ready to raise hell. I mean, they've been threatening sanctions against even the chief prosecutor himself of the ICC.

What does this do to that effort? What are we going to hear from Republicans on this?

DOUG HEYE, REPUBLICAN STRATEGIST, FORMER RNC COMMUNICATIONS DIRECTOR: I think you're going to hear outrage from Republicans, and the only reason we haven't heard it yet is because it's before 9:00 a.m. on a Monday. But those statements and those tweets are being drafted. We will see press conferences as well not just necessarily today but throughout the coming days.

And that's for two reasons. One, obviously, what's going on overseas in Israel and in Gaza. Two, the political ramifications. And when I say, Kate, political ramifications, I don't just mean about Joe Biden versus Donald Trump. That's very real.

It was interesting to me you had Christiane in the Hague and you had Nic in London. This is a global situation that we're in.

BOLDUAN: Great point, Doug.

HEYE: I was in London last week -- just returned yesterday. Every conversation that I had wasn't just Trump versus Biden, but also about the Tories versus labor. Also about other international elections. And how what's happening in Gaza, how what's happening in Iran, and obviously what's happening in Ukraine all play into this. We're in a very complicated place.

BOLDUAN: We were complicated even before this, right? I mean, we were in a tenuous --

HEYE: Um-hum.

BOLDUAN: -- add your adjective, but a tenuous situation in the Middle East. For the first time, the yearslong shadow war between Iran and Israel burst into the open. And now --

CARDONA: Um-hum.

BOLDUAN: -- we have the death of the Iranian president.

What does this do to the politics of Iran policy and the turmoil in the Middle East, and again, with regard to President Biden and his approach to this, Maria?

CARDONA: So, certainly, it continues that sort of complication and the view globally that things are really tough. Things are happening everywhere.

But, Kate, I think this is a real opportunity for the Biden administration and their allies and their supporters to underscore that this is exactly why President Biden should be -- is president and why he should continue to be president for another four years. Because this is an incredibly complicated global situation where you need a leader that has the extensive unparalleled, unmatched experience on foreign policy that President Biden brings to his leadership position, as well as the focus on the relationships -- the personal relationships that he has around the world. And the nuanced understanding of those complications, which Trump goes in at this with a hammer and that is not what we need right now.

We need somebody who is thoughtful, who is measured, who is nuanced, who is decent, who is humane. Who understands not just the political complications of everything that's going on but the humanity of it and how it affects everyone around the world and especially here in the United States.

BOLDUAN: And Doug, you and I have talked about this many times over the years, which is the fact of the matter is international crises, especially when it occurs in the midst of a presidential election, it can work to the benefit of the president in office right now because it offers that opportunity to -- for them to show they are commander in chief -- something that Donald Trump cannot do in this moment.

[07:45:09]

CARDONA: Um-hum.

HEYE: No, he can't. And one of the questions I heard repeatedly in London from former 10 Downing Street aides was what is American foreign policy going to be over the next few years? Will we see a strong American foreign policy or an America in retreat?

And that speaks to I think where a lot of voters are right now. A lot of them don't like Donald Trump and don't like Joe Biden. And if you're looking at these two candidates and say what we need right now is a steady hand, a lot of voters have very real concerns that there are no steady hands in this situation. And that's a problem for both of them but politically, can be an opportunity for either one of them to try and define the other, whether it's sleepy or whatever Biden wants to say about Trump on a given day -- that they're not the steady hand and you have to trust me.

BOLDUAN: Yeah.

Maria, Doug, thank you guys both for jumping on in the minutes of this breaking news.

CARDONA: Thank you.

BOLDUAN: I really appreciate it.

HEYE: Thank you.

BOLDUAN: John.

CARDONA: Thanks, Kate

BERMAN: All right. Sean "Diddy" Combs tries to apologize after a video surfaces showing him beating his then-girlfriend in 2016. You will hear her response.

(COMMERCIAL)

[07:50:32]

SIDNER: We want to share a little good stuff with you this morning.

More than 60 years after he was chosen by President John K. Kennedy to be the country's first Black astronaut, 90-year-old Edward Dwight has finally made it to space. He and five other people were on board the Blue Origin's spaceflight of the New Shepard rocket. It lifted off yesterday for a 90-minute, 53 second history-making journey. He is also now the oldest person to ever go into space.

(BEGIN VIDEO CLIP)

EDWARD DWIGHT, FIRST BLACK ASTRONAUT CANDIDATE: I thought I really didn't need this in my life, but now I need it in my life. This is fabulous. Thank you so much.

(END VIDEO CLIP)

SIDNER: Oh my God. All those kisses. Look -- and he has his tongue out. He just enjoyed himself.

Dr. Dwight's triumph marked the culmination of a journey that began over six decades ago when he was handpicked to break the color barrier as the American first Black astronaut. But despite the presidential backing he received in 1961, his dreams were ultimately derailed by racism and politics. The space program would have to wait until 1983 to see its first Black astronaut soar into space.

For Mr. Dwight this was more than just a flight -- it was the ultimate vindication of an ambition deferred but ultimately not denied. Amazing -- John.

BERMAN: That is wonderful.

SIDNER: Isn't that lovely?

BERMAN: All right. We are standing by to see Michael Cohen back on the witness stand in the criminal trial of Donald Trump. He is charged with -- Trump is charged with falsifying documents to cover up hush money payments to an adult film actress, all to influence the 2016 election.

The jury could get the case as soon as tomorrow.

With us now, CNN legal analyst and former U.S. attorney, Michael Moore. Also, CNN legal commentator and former Trump White House lawyer, Jim Schultz.

Michael, first to you. Look, we begin the day with Michael Cohen back on the stand still in his cross-examination. The defense attorneys want a little bit more with him after beating him up pretty good on Thursday -- last time we saw him.

What do expect the defense wants from him still? MICHAEL MOORE, CNN LEGAL ANALYST, FORMER U.S. ATTORNEY: Yeah, and I'm glad to be with both of you.

You know, they really run a risk today of not ending strong. They had such a good week last week. They -- at the end of the testimony they had done so much damage to Cohen's credibility. They had caught him basically in at least a half-truth as it related to a telephone call. To push him too far this morning could be a problem.

So hopefully, they've got something very targeted. They have something that is significant. They have something that really expresses and exposes him to more criticism as it relates to his credibility.

I mean, they ended his testimony sort of with the ganging -- the banging of a cymbal. You know, the crash of the cymbal. You don't want to come back now and end on tinkling with the windchimes. I mean, you know, you ended the song with some gusto. And so I think that's really what they need to do today.

Otherwise, they need to do what is hard for trial lawyers to do and that is just to learn when to keep your mouth shut and sit down, and then take your chances on redirect if the -- if the state tries that.

So that's the -- that's the balance --

JAMES SCHULTZ, CNN LEGAL COMMENTATOR, FORMER TRUMP WHITE HOUSE LAWYER: Yeah.

MOORE: -- they've got to strike today.

BERMAN: Brevity never a problem for television anchors, just so you know.

MOORE: Right.

BERMAN: And Jim, to you. The prosecution has had the weekend to plan its redirect. We just saw Michael Cohen, by the way, leaving his apartment with his personal attorney, Danya Perry, who has been prepping him. The prosecution, I imagine separately, has been preparing for a redirect to try to clean things up.

SCHULTZ: So that phone call that Michael referenced was kind of a key moment in the cross-examination where there's an October phone call that in direct examination, Michael Cohen had said that he spoke with Trump about the payments. It turns out the text messages showed that call was actually to Keith Schiller and that it was in response to text -- a text message where Keith Schiller's office was complaining about harassment and asked them to call.

So it does look like that was a very strong moment because it shows inconsistencies and perhaps a half-truth as Michael said, or even a lie relating to that phone call. And where that happens, the jury can get instructed to say where they believe that a -- that a defendant has where -- I'm sorry, where a witness has lied, they can then believe all, part, of none of that testimony. And that will be very telling because that -- this Michael Cohen testimony on direct was the only thing tying Trump to those business records.

[07:55:02]

And if they don't believe Cohen's testimony, Trump's not getting convicted. That's for sure.

BERMAN: To be clear, it was a phone call. It wasn't the phone call between Michael Cohen, allegedly, and Donald Trump about the hush money payments. There were more -- several more, including one two days after that had many more details connected to it and maybe much more incriminating for Donald Trump.

I do imagine that's what prosecutors will try to go back to during redirect today, suggesting even if there is one conversation which is fuzzy, there are all these others which are not. That's what you should pay attention to, gentlemen and women of the jury.

Michael Moore, look, we're very close to what could be the pivotal moment in this trial, which is the jury instructions here. What are you looking for in these jury instructions?

MOORE: Well, I do think they'll get the standard charge about whether or not they can believe a witness and the credibility is solely within their province. They get to decide which evidence they're going to accept and believe.

I think we're going to hear a unique charge built around the missing witness of Weisselberg. There's a question on whether or not it's actually the missing witness charge or something like that. But I think the judge will have to structure something to that effect.

And, you know, one thing that I -- is always important in a criminal case, and that is this distinction between what's a civil case and what's a criminal case. And so lay jurors sometimes mix up and confuse exactly what the burden of proof is. And here, you used the word it may be fuzzy. Well, we don't convict people because of fuzzy, right? I mean, we -- they have to actually -- the state is -- has to come in and prove beyond a reasonable doubt that he did this. And so the jury is going to have to be charged on that duty and that burden that the state carries at all times.

And, of course, you're going to have the standard charge telling them that Trump doesn't have to testify. No criminal defendant has to testify. In fact, they don't have to put on a single piece of evidence. That's solely the state's job as they come forward. So the missing witness, the credibility stuff, the burden of proof stuff, those are going to be the key charges that are --

BERMAN: Yeah.

MOORE: -- very standard and I expect we'll hear in detail.

BERMAN: And Donald Trump just left for court himself.

Jim, sorry, we've only have about 20 seconds left. Your thoughts on jury instructions. SCHULTZ: Look, I also think -- you know, going back to what we talked about earlier though, apart from the jury instructions, where he talked about he wanted Donald Trump to rot and -- for what he did to him and his family and where he wanted -- where vengeance and he want to get back at Donald Trump. That testimony is very, very important and something that's going to carry in terms of the jury.

BERMAN: And something that will come up in closing no doubt.

All right, Jim Schultz, Michael Moore, great to see both of you. Thank you so much, guys -- Sara.

SIDNER: Ahead, hip-hop mogul Sean "Diddy" Combs both admitted and then apologized for his appalling behavior after video obtained by CNN showed him mercilessly beating his then-girlfriend Cassie Ventura in the hallway of a hotel in 2016.

(BEGIN VIDEO CLIP)

SEAN "DIDDY" COMBS, HIP HOP MOGUL: I take full responsibility for my actions in that video. I'm disgusted. I was disgusted then when I did it and I'm disgusted now. I'm not asking for forgiveness. I'm truly sorry.

(END VIDEO CLIP)

SIDNER: CNN's Elizabeth Wagmeister and the L.A. team originally broke this story on Friday. She is joining us now to discuss the latest development. Wow, this was both an admission and an apology, but only after this video came out. There has been a while litany of things -- settlements even -- with Cassie and yet, this is when he decided to do it. Give us some details.

ELIZABETH WAGMEISTER, CNN ENTERTAINMENT CORRESPONDENT: That's absolutely right, Sara. And Cassie's team -- we were first to get a statement from them and they are calling this a pathetic attempt at an apology. That's the word they used.

Now, let me read to you the statement from Cassie's attorney. This is what they told me. They say, "Comb's most recent statement is more about himself than the many people he has hurt. When Cassie and other multiple women came forward, he denied everything and suggested that his victims were looking for a payday." That he was only compelled to "apologize once his repeated denials were proven false shows his pathetic desperation and no one will be swayed by his disingenuous words."

So a very strong statement from Cassie's team. And as they have referenced and as you referenced, Sara, this apology only came after we here exposed this tape of him violently beating her in a hotel hallway back in 2016.

Now, of course, this comes after months and months of denials. Diddy gave a blanket statement back in December 2023 where he denied "sickening" allegations against him from many people. And at the time of the settlement, which when this case -- when this

complaint was filed, it was settled within 24 hours. An attorney for Diddy -- this is what he said. He said, "A decision to settle a lawsuit, especially in 2023, is in no way an admission of wrongdoing."

[08:00:00]