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Garland Faces Lawmakers Today; Judge Rejects Attempts to Exclude Photos in Biden Trial; ESPN Houst Apologizes for Clark Comments; Juror Dismissed from Hunter Biden Trial; Musk Updates X Policy to Allow Porn. Aired 9:30-10a ET

Aired June 04, 2024 - 09:30   ET

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

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[09:30:29]

JOHN BERMAN, CNN ANCHOR: All right, very shortly, Attorney General Merrick Garland will testify before Congress, and he will frankly lash out at some of his biggest critics. In remarks that CNN has obtained, the attorney general will say, quote, "I will not be intimidated. And the Justice Department will not be intimidated. We will continue to do our jobs free from political influence. And we will not back down from defending our democracy."

And it gets pretty specific about some of the conspiracy theories that have been floated by Republicans.

CNN's Katelyn Polantz is with us now.

This is something, Katelyn.

KATELYN POLANTZ, CNN SENIOR CRIME AND JUSTICE REPORTER: John, it is.

This is all coming because the House Judiciary Committee and other Republicans want to hold Merrick Garland in contempt of Congress because he won't turn over an audio tape of President Biden sitting for an interview with special counsel Rob Hur in the investigation of Biden's handling of classified records. That investigation resulted in no charges. And the Department of Justice let her testify to Congress, turned over his report and gave Congress a transcript of Biden's interview, but no audio tape. And Merrick Garland, attorney general, says, yes, you guys are not getting it. We're not giving that to you.

He says, "certain members of this committee and the Oversight Committee are seeking contempt as a means of obtaining - for no legitimate purpose - sensitive law enforcement information that could harm the integrity of future investigations. So, Merrick Garland wanting to keep private that to protect witnesses, future investigations, other proceedings.

But Merrick Garland, John, is also saying to House Republicans, likely to say to them, based on remarks we've obtained, there's a bigger beef here between Republicans and the Justice Department. You guys want to defund offices we have. You want to attack the people in the Justice Department, law enforcement. That's why Merrick Garland is saying that other quote, "I will not be intimidated."

We're going to be hearing from him in person at 10:00 a.m. And we'll see exactly where the hearing goes from there. But this really is uncharacteristic in a lot of ways of Merrick Garland, someone who tends to not put himself in the middle of the political maelstrom.

John.

BERMAN: Yes. I imagine that the Republicans will have a strong response to that.

Katelyn Polantz, thank you so much.

Kate.

KATE BOLDUAN, CNN ANCHOR: So, there are new developments just in on Hunter Biden's federal trial. Just minutes ago, Hunter Biden's attorneys tried to get several photographs excluded from evidence, and the judge rejected the request.

Let's get over to CNN's Paula Reid, who's tracking all of this.

Paula, what just happened?

PAULA REID, CNN CHIEF LEGAL AFFAIRS CORRESPONDENT: Well, OK, we have this update from inside the court. And if you're wondering why I'm holding a sort of crumpled piece of spiral bound notebook paper, it is because, of course, there are no cameras allowed inside federal courts. So, we are relying on our colleagues inside to take notes and then run them out to us.

And the most recent update we got is, we were expecting opening statements to begin by now, but they're a little bit delayed because they were still, at the time of this note, waiting for some jurors to show up.

So while they were waiting for these additional jurors to arrive at court, they handled some of these outstanding questions about evidence. And here the judge said that she would allow in this photo that Hunter's defense attorneys were trying to keep out. And this photos, she says, includes, quote, "circumstantial evidence of his drug use," which is, of course, at the center of this case. But this is an image where he is naked. Now, the judge said that it will be shown from the chest up. The rest will be redacted.

But this is another blow to the defense. The judge has already prevented them from bringing in an expert witness and blocked another piece of evidence that they wanted to bring in.

Now, the first lady, Jill Biden, she is here today for these opening statements. Notable because, as you know, she and her husband are traveling to France later today. But she is here to show support for her stepson as this trial gets underway.

Another interesting thing, Kate, is just a short time ago, Senator Lindsey Graham weighed in on these two federal trials that Hunter Biden is facing. Of course, this is the first trial. In September he is expected to face trial in Los Angeles on tax charges.

And the senator said that he believed that if any other American had, quote, prepared their taxes like Hunter Biden, they too would face a federal prosecution. But he was very dismissive of this case and said, quote, I don't think anything good can come of that.

So, that's a notable Republican criticism of this case today.

Kate.

BOLDUAN: Yes, very interesting.

It's good to see you, Paula. Much more to come with pieces of paper having to be run out from federal court.

[09:35:04]

It's great that you're there, Paula. Thank you so much.

So, Pat McAfee says he meant it as a compliment. What he said about WNBA star Caitlin Clark that is making headlines now today.

And congressman takes child to work. Congressman goes to House floor to make floor speech. And congressman tells his son to smile for the cameras. And child hits it out of the park. And then they joined us here on CNN NEWS CENTRAL.

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REP. JOHN ROSE (R-TN): I didn't have a single clue. And not until I was walking off the floor, one of the floor managers said, you're probably going to want to watch that video when you get back to your office.

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[09:40:19]

BERMAN: All right, this morning, ESPN host Pat McAfee is apologizing after calling Caitlin Clark a "white b." He said it was a compliment. He made the comment while arguing that Clark, he says, is the sole reason the WNBA is surging in popularity right now.

CNN contributor Cari Champion is here with me.

In a lot of ways - and we were talking backstage - when Pat McAfee - the Pat McAfee aspect of this is the least interesting aspect of this. What's truly fascinating right now is what's happening with the WNBA with Caitlin Clark and how she's being covered.

CARI CHAMPION, CNN CONTRIBUTOR: I think it's fascinating because no one - and thank you, John, for kind of putting that into perspective because I do believe the Pat McAfee of it all is the least interesting part of this story. Caitlin Clark is a superstar. She plays like Steph Curry, meaning she is everybody's game. She makes it - basketball look feasible for everyone because of the way in which she plays. So, this is why there's such this fascination with her.

However, we're forgetting that she probably had a month or a little more than a month to go from college to the draft and to the WNBA. And there's this learning period, a huge learning curve, that people talked about.

Now, how it's being covered really disappoints me because the people who have really large platforms in our business, such as a Pat McAfee, are elevating a jealousy story when, in fact, all athletes are jealous in some capacity, right?

BERMAN: Yes.

CHAMPION: That's just what they are. But people are competitive. And we wouldn't be having this conversation if she wasn't white and black women were going at her, just like they go at other athletes.

BERMAN: OK, talk to me about that. Talk to me about the race factor here.

CHAMPION: Race is a huge thing and people don't want to talk about it. So, for instance, they're like, look at the way Caitlin Clark is being treated out there. They're hammering her. Caitlin Clark, on her own, said that she was being hammered too. But physically, it's not really, truly something we have not seen. They've been doing this in women's basketball since forever. But the visual of a black woman going at a white woman is, for these new viewers and perhaps for the new analysts and for the new folks who are paying attention, it makes them uncomfortable.

And I understand because you're not familiar with the game. And I'm saying, please don't elevate a story of hatred and jealousy as opposed to just some athletes going out there to get after it.

BERMAN: It's basketball. She came to the worst team in the NBA and every defense is going to swarm her no matter what she looks like because she's the one who can score.

CHAMPION: Listen, I - I have - I have a lot of respect for some of my male colleagues. And I said this last night, I'm really tired of the mansplaining. So, for instance, Stephen A. has this huge platform and he says on his show the other day, oh, guess what, I feel like some of these women are jealous. And, of course. There's an - there's an element of that because Caitlin Clark is getting all the attention and she makes all the money. Of course there's an element. But that's not necessarily the story here.

We're talking about the WNBA at 10:00 in the morning on CNN. You know what I mean? This is a big thing and it's a good thing for the sport. Let's not cover it like we are archaic and we don't understand that these women are just athletes as well. BERMAN: And, look, and I mean this, at least they're play right now. I

mean the NBA hasn't played for like 12 weeks and I think we have to wait like six more for the final to start.

That aside there. But we're talking about it because there's great basketball with big stars being played.

CHAMPION: And you know what, John, it's always been there. I, for one, am happy that Caitlin Clark has brought this attention. I don't think she's getting this attention just because she's white. I think that has a lot to do with it. But I also know the way in which she plays the game makes it look easy and feasible for little girls at home, and they're fascinated. She sells out arenas. I'm here to watch her.

And so, I don't mind that part of the story. But the reality is, she's still a rookie and this is a rite of passage. You're going to get knocked and bumped around and you're going to have to prove yourself. It happened to LeBron. It happened to Michael Jordan. I can go down the list of players that had happened to. It happened to Kobe Bryant. This should not be covered like we are attacking this woman. It's just unfortunate.

BERMAN: Cari Champion, great to have you here. Thank you so much.

CHAMPION: You - thank you.

BERMAN: So, a legitimate form of artistic expression. Actual words on Elon Musk's X right now as the social media platform explains why it is officially now allowing pron.

And Cyndi Lauper announces the time has come for her farewell tour.

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[09:49:13]

BERMAN: All right, we do have breaking news. This has to do with Hunter Biden's federal gun trial. We learned that just minutes ago a juror was dismissed.

Let's go right to Paula Reid at the courthouse.

Paula, what's going on here?

REID: Well, John, this is significant because, of course, this is an historic trial. The first time the child of a sitting president is facing criminal trial. And we have just lost one of the jurors selected yesterday.

Now, this does not appear to be a political recusal by this juror, but we learned from our colleagues inside the court that she emailed the court last night to say that you did not want to serve. She lives about an hour away And she said that, quote, "I had no idea I would have to be there every day." She said the only reason she even showed up yesterday to jury selection is because her father took the day off.

Now, we do have some generic information about these jurors from our reporting yesterday.

[09:50:04]

Obviously, this is a woman, as I said. She told the court yesterday during the jury selection process that she had heard about the case through the news, which she said she mostly gets from YouTube. She told the judge she had heard that drugs were involved in this case but she couldn't recall all any additional details.

Now, there are several alternates, four alternates in this case. This is why you have alternates in case you lose a juror. But, John, it's a little surprising, we're already losing someone on the first day.

I just came from six, seven weeks of covering the Trump trial up in New York. And once that jury was seated, once the trial was underway, they did not lose a single juror in an even more high-profile case. But it doesn't appear that this person has any political reasons or any concern for their safety. It just appears she does not want to commute back and forth over the next week or so.

BERMAN: All right, Paula Reid outside the courthouse with that development. Paula, thank you very much.

Kate.

(BEGIN VIDEO CLIP)

CYNDI LAUPER, MUSICIAN (singing): In the mornin' light, my mother says, when you gonna live your life right? Oh mamma dear, we're not the fortunate ones, and girls, they wanna have fun. Oh girls just wanna have fun.

(END VIDEO CLIP)

BOLDUAN: There is no doubt '80s icon Cyndi Lauper has had a lot of fun over her - during her legendary career. But the singer now says it is - time has come for her farewell tour. Lauper maybe the announcement ahead of the release of her documentary called "Let the Canary Sing." The two-time Grammy winner will kick off this final concert tour this fall in Montreal.

And, Tennessee Congressman John Rose had the floor, but his son stole the show. The Republican was on the House floor giving a speech condemning the trial and guilty verdict of former President Trump, but no one heard that because everyone was watching this. Watching his adorable son sitting just behind him. Six-year-old Guy came with dad to work because he'd just finished the school year, and Guy decided to fill the time doing what any six-year-old would, making faces.

Guy and his dad joined us on the show last hour.

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BERMAN: Guy, I think you can make even better faces than the ones you made on the House floor. I was impressed, but - but what other faces can you do? GUY ROSE, SON OF REP. JOHN ROSE (R-TN): I can't show them all, OK.

REP. JOHN ROSE (R-TN): Give them -

BERMAN: Just some.

J. ROSE: Let's give one for them.

G. ROSE: You want me to show one of them I've already done, or you want to show me a new one?

BERMAN: Let's go new.

J. ROSE: Maybe a new.

BOLDUAN: We want - we want new material.

G. ROSE: OK.

BOLDUAN: Congressman, is this a daily occurrence in your - in your household?

J. ROSE: It's usually pretty active. Sam and Guy can be pretty rambunctious kids. So - but they're pretty good kids.

BOLDUAN: Of course they are. He - look, let's be honest, he could have been a lot worse sitting behind you than making faces. I mean you - how could you make him come and sit in the chamber? The other members fall asleep having to do that, Congressman. You're mean.

J. ROSE: He did take a power nap after his newfound fame.

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BOLDUAN: And Congressman Rose confirms, not only our kids the best at putting their parents in their place, but also that kids can sometimes be reflective of the antics seen on any given day on the House floor.

John.

BERMAN: All right, shifting years here.

New this morning, Elon Musk has announced his social media platform X will now allow pornographic content with a few restrictions - with very few restrictions.

CNN's Clare Duffy is here with us now.

Explain what's going on here.

CLARE DUFFY, CNN BUSINESS WRITER: Well, look, John, this isn't exactly new. What X is doing here is essentially creating a formal policy around the way that they were operating anyways. X has never really enforced against images or videos of adult content.

But what this policy does is it formalizes the facts that users may now share consensually produced and distributed adult content provided, X says, that that content is properly labeled and isn't widely distributed.

So, for example, X isn't going to allow people to put this kind of content in highly visible places, like a profile picture. X also says it will be asking users who regularly post adult content to be placing that content under content warnings. And it says that users under the age of 18 won't be able to view that restricted content. But X is essentially saying here that it wanted to create this policy to create some more transparent around its rules and its enforcement.

BERMAN: Does X have more porn than the other social media sites? It was interesting because I was surprised by this, but then I went and did a little research. Reuters reported a few years ago that, what, like 13 percent of the content on Twitter, or X, is porn?

DUFFY: Yes, X does - you know, Twitter, X, has, for a long time, allowed this kind of content. And it's interesting, right? I mean Elon Musk has been trying to attract more creators of all stripes to the platform. So, you have to imagine that perhaps the formalization of this policy is trying to get some of these creators who make this kind of content to be on X rather than on the sort of other reaches of the internet.

[09:55:00]

But it's also interesting timing because X has faced concerns over the safety of children using this platform. You'll remember CEO Linda Yaccarino was called to Capitol Hill to testify in January, alongside other social media CEOs, about the ways that they're keeping kids safe. And so I think this might raise some more red flags about what children can potentially see on this platform. Although X is saying it's taking steps to keep them safe.

BERMAN: Look, if they go on the platform, apparently they can see a lot.

Clare Duffy, thank you very much for being with us morning. I appreciate it.

BERMAN: It was a hard turn from the - from the - from the Guy Rose story.

BOLDUAN: I - that's why I was laughing. I was like, sorry, John, take it away.

BERMAN: It was - it was a hard turn. No, I mean, so, be clear what you're talking about what was going on at X, but just to go back to a member of Congress right now.

BOLDUAN: Yes.

BERMAN: Guy Rose, man, the face that he made for us on TV -

BOLDUAN: It was epic.

BERMAN: It was epic.

BOLDUAN: That was a really great question.

BERMAN: It - it was epic.

BOLDUAN: One of your better.

BERMAN: He was showing a lot of talent. He was showing a lot of talent.

BOLDUAN: That was fun.

Thank you al so much for joining us today. This is CNN NEWS CENTRAL.

"CNN NEWSROOM" up next.

Can you do that with your face? I can't -

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