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Day Three of Hunter Biden's Gun Trial; Biden in France for Critical Trip; Rep. Jared Moskowitz (D-FL) is Interviewed about Biden's Mental Fitness Reports, Israel and the Border. Aired 9-9:30a ET

Aired June 05, 2024 - 09:00   ET

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

[09:00:00]

KATE BOLDUAN, CNN ANCHOR: A new hour of CNN NEWS CENTRAL starts now.

JOHN BERMAN, CNN ANCHOR: Happening now, Hunter Biden has arrived in court. The crucial and potentially emotional testimony we could hear today from his ex-wife.

President Biden is in France on a crucial trip.

And a new report that quotes Republicans about concerns they have over the president's age is infuriating the White House.

Heat records set to shatter across the country today. Millions of Americans will see temperatures in the triple digits. Record-setting temperatures that are potentially life-threatening.

Sara is out today. I'm John Berman, with Kate Bolduan. And this is CNN NEWS CENTRAL.

BOLDUAN: This hour the first witness in Hunter Biden's federal trial will return to the stand. That witness, an FBI agent, will be facing cross-examination.

Hunter Biden arrived at court last hour. We're showing you there. And after that FBI agent's testimony, it is looking to be a very emotional day ahead. That's because the prosecution's next witness is expected to be Hunter Biden's ex-wife. Prosecutors say she'll be able to testify to finding drugs and drug paraphernalia numerous times.

His public struggled with drug addiction is part of the prosecution's case as they try to prove that Biden illegally purchased a gun because - while battling addiction. To do that, they're also using his own words against him from his memoir.

Watch.

(BEGIN VIDEO CLIP)

HUNTER BIDEN: I possessed a new superpower, the ability to find crack in any town, at any time, no matter how unfamiliar the terrain. It was easy.

(END VIDEO CLIP)

BOLDUAN: Evan Perez is outside the federal courthouse in Delaware for us.

Evan, what is going to - what is it going to be like today and what is going to happen when hundred Bidens ex-wife takes the stand?

EVAN PEREZ, CNN SENIOR JUSTICE CORRESPONDENT: Well, Kate, I imagine we're going to have a lot - at lot more emotion. We already saw a lot of that happen yesterday. Kathleen Buhle is expected to take the stand later this morning, perhaps after the defense finishes its cross- examination of that FBI agent.

What prosecutors have spent the first day of testimony doing is going through all of the evidence that they have, showing text messages, they showed the infamous laptop, Hunter Biden laptop. They showed pictures and video from his iCloud that showed him with drugs. They showed him talking to people who were providing drugs to him.

And, of course, we saw - we heard his own voice for about an hour. Prosecutors used his own memoir, his audio book. And you can hear his voice filling this courtroom. A lot of emotion from his own wife choking up at points during the - that part of the presentation.

And the point the prosecutors are driving home is that when Hunter Biden bought this firearm back in October of 2018, he knew full well that he was a person who was struggling with addiction and should have known that buying this firearm was against the law.

Listen to part of the audio book that was played in court yesterday.

(BEGIN VIDEO CLIP)

HUNTER BIDEN: No honor among us crackheads. In Nashville, I was a bloodhound on the scent. Like everywhere else I'd bought crack, I knew I could go there cold and in no time assess what highway to get on, what exit to get off at, what gas station to pull into, and what unsavory looking character to choose as my newest most trusted associate."

(END VIDEO CLIP)

PEREZ: Kate, you know, the - in the room there, jurors were paying very, very close attention to that part of the - of the presentation by the prosecution. And we expect that a lot of that is going to happen again today.

BOLDUAN: And about the jury, Evan, from inside the courtroom it's been reported that the jury's - some of the jurors have been showing emotion themselves. What are you hearing about that?

PEREZ: Yes, look, I was inside the courtroom and I was keeping an eye on the jury to see how they react. And certainly during part of Abbe Lowell's presentation, and his point is that - the point of the defense here is that, yes, Hunter Biden was an addict. But as anybody, you know, if you've got family members, some of these jurors do, they have family members who have struggled with addiction, you know that there are moments and there are times, there are periods of sobriety. And that's the point that Abbe Lowell is driving home.

The prosecution does not have - does not have evidence that shows Hunter Biden was using drugs on the day he bought the gun. And I could see one of the - one of the jurors taking tissues from her bag, wiping away at her eyes and her nose. She took a deep sigh as she got up during one of the breaks. And later on you could see she was nodding as Abbe Lowell was trying to drive home that point yet again with the FBI agent who was on the stand.

[09:05:04]

She paged back to her notes and nodded as Abbe Lowell was making that point.

Again, a lot of emotion. We expect some more of that today when we - we get the first of three ex's that are going to be on the stand in this trial today, Kate.

BOLDUAN: So interesting.

Great to have you there, Evan. Thank you so much.

John.

BERMAN: All right, with me now, former prosecutor Jeremy Saland.

Jeremy, let me just pick up with what Evan last reported right there because with his own eyes he saw a jury nodding as Abbe Lowell, who's the defense lawyer, was cross-examining an FBI agent there.

What are your feelings when you see that when you're a prosecutor and a defense lawyer?

JEREMY SALAND, FORMER PROSECUTOR: I think, in the context of what we're hearing and seeing, this is more beneficial to the defense, or at least appears as such, because there's a thing called empathy and compassion and jurors are not immune from that. And especially a case like this where people can relate to addiction and know people either personally, family members, friends, who suffer through this.

So, there's an emotional component here, which is not in a white- collar case, but this is a very personal case.

BERMAN: And just as a former prosecutor, when you look at a juror nodding in agreement maybe with a defense lawyer, I mean what goes through your mind? I mean how does that that affect you?

SALAND: I think, uh-oh, I've got to figure this out. How do I come back and now raise that issue and get rid of my problem and try to fix it.

You know what, I can appreciate your empathy, Ms. Juror, but this is the facts. This is the law. You've got to follow it.

BERMAN: All right. On the stand starting today you have people that could end up being deeply uncomfortable for Hunter Biden as witnesses.

SALAND: Absolutely.

BERMAN: His former wife, the widow of his brother, Beau Biden, with whom Hunter also had a relationship. Another romantic partner will also ultimately take the stand we believe as well.

What is the prosecution want to get from them? Clearly, these people who were loaded, and I'm not using that word pejoratively, but they come with a lot of connections to Hunter Biden. What does the prosecution want from them?

SALAND: Well, these are people who have, to your point, have a relationship with Hunter Biden. Whether they have an axe to grind or they've gotten over that. But there's a compassion and a love here. But they're going to say, nonetheless, this is a man who had a significant and serious drug issue and how he went on binges and how he had access to drugs and maybe discuss some of the money issues as well.

So, they're going to fortify, meaning the prosecution, with these witnesses, Hunter Biden is an addict and he knew he was an addict and they're going to fight that allegation or challenge whether now or down into summation that he wasn't an addict on day three or day nine or day ten. He's been an addict, and he's been an abuser of drug. And we have evidence that all these days he was using it, even if not the day in particular.

BERMAN: So, now you're that defense. How much of a challenge is - a challenge is it for defense lawyers to do cross on witnesses like this? How careful do you need to be?

SALAND: Well, you have to drive home the point that - very simply at its core, you - they can't say on that day or the day before, whenever it may be, a last time that he was using drugs, or how much he was using drugs. They can say he was - had a habit and he was doing this often and he was on calls and he has these audio recordings and books. So, they can all corroborate that he was a drug user.

But to the point of Lowell, you know, I'm - if I'm in AA, am I always an addict? Even if I haven't used in ten years? You know, if I'm not using at that moment? So, all this just fortifies the prosecution, and it's a heavy lift for the defense, but that's how they're going to poke.

BERMAN: We just got through a trial where the defense, every time they crossed - or not every time, but when they cross-examined some key witnesses, they were tough. I mean they were hard on these witnesses.

Can you be tough like that? Do you want to be?

SALAND: Different. This is going to be much more different. I think this will be more of a softer approach. And again, you want to play on that empathy because even if you're not getting what you want in terms the testimony directly, if you have that one juror who's potentially with you and likely would have more - she's not going to be an anomaly in all likelihood - you're building that sympathy, you're building - you know what, he had a drug problem. These - it's not a crime to have an addiction.

BERMAN: So - and you keep - you keep addressing (ph) that juror, I would imagine, for the last four or five days of this trial.

SALAND: Yes, and try to still pull some other jurors in as well. But all you need is one.

BERMAN: All right, Jeremy Saland, great to see you this morning. Thank you very much.

SALAND: A pleasure.

BERMAN: "The Wall Street Journal" with an article quotes Republicans suggesting that the president, that is age is an issue. What they've seen behind closed doors. The White House not at all happy about this article. Their new response this morning.

And then Coke is the number one soda in the country, but Pepsi has just been dethroned as number two. New details. Stay tuned to find out the soda that beat it out. You'll want to stick around for that.

And we're just moments away from what could be an historic launch if it happens. And that's a big if it seems over the last few weeks. Is Boeing's Starliner finally ready for liftoff?

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[09:14:24]

BERMAN: All right, happening now, President Biden is in France to commemorate the 80th anniversary of D-day. This is a hugely important trip for the president and the White House in terms of building alliances.

Now, the president was welcomed there with a new, unflattering headline in "The Wall Street Journal" about his age and mental fitness. The White House is now slamming that report that they say was largely based on Republican accounts.

CNN's senior White House correspondent Kayla Tausche is traveling with the president this morning.

Kayla, great to see you. What are you hearing now?

KAYLA TAUSCHE, CNN SENIOR WHITE HOUSE CORRESPONDENT: Well, John, it's a high-stakes moment for President Biden here on the world stage visiting France to commemorate an event in D-day that shepherded the liberation of Europe from Nazi Germany at a time that there are currently two ongoing wars that President Biden is going to speak at length about.

[09:15:16]

In Normandy, Biden will meet with veterans. He will visit the American cemetery. And he will participate in the commemoration ceremonies. Biden is the last American president to be alive during D-day, which is an important distinction as he participates in these events.

He's also going to sit down with Ukrainian President Volodymyr Zelenskyy in Normandy to talk about the state of play on the ground and in the air in that country, as the U.S. has just authorized Ukraine to use American-made weapons across the border to strike Russian targets nearby.

And President Biden is also going to be giving a speech where he talks about the power of democracy and the importance in fighting tyranny. National Security Adviser Jake Sullivan said that President Biden is going to try to draw a through line from what happened in Normandy on - during World War II, to what's happening on the frontlines of the west right now. Sullivan says "he'll talk about the stakes of that moment, an existential fight between dictatorship and freedom. He'll talk about the men who scaled those cliffs and how they put the country ahead of themselves. And he'll talk about the dangers of isolationism and how, if we back dictators, fail to stand up to them, they keep going and ultimately America and the world pays a greater price."

That reference to isolationism, sort of a veiled shot against former President Donald Trump, Biden's current opponent in the presidential race. Essentially a warning to the American electorate, as well as the rest of the world, of what could happen. So, we expect to hear more on that front.

But, John, this is also a legacy building trip for President Biden as he nears the end of this term. This is the final one of the - this anniversary that they'll mark at the G-7 next week, the NATO summit next month. These are major milestones. And the president is really going to try to cement these alliances that have been a hallmark of his administration as he goes into the fall.

BERMAN: Yes, really the first in a series of very important events.

And to be greeted by this "Wall Street Journal" article, Kayla. I know the White House is lashing out at the report.

TAUSCHE: The White House is not happy with this report and has been on the defensive. "The Wall Street Journal" had been working on this for several months. And according to the reporters, they interviewed 45 people which the journalists say were from both sides of the aisle, although the anecdotes that were specifically referenced were attributed to former House Speaker Kevin McCarthy and current House Speaker Mike Johnson. Anecdotes relate about meetings that those gentlemen participated in. Although "The Journal" does say that there were some Democratic lawmakers who raised concerns about Biden's age becoming apparent in some of these meetings, though in some instances those Democratic lawmakers called them back afterward, after speaking with the White House, to try to offer a more favorable account.

But White House Spokesman Andrew Bates provided this statement to "The Journal," saying, "congressional Republicans, foreign leaders, and nonpartisan national security experts have made clear in their own words that President Biden is a savvy and effective leader who has a deep record of legislative accomplishment. Now, in 2024, House Republicans are making false claims as a political tactic that flatly contradict previous statements made by themselves and their colleagues.

John.

BERMAN: Kayla Tausche for us in Paris this morning, that first day of this trip.

Thank you, Kayla.

Kate.

BOLDUAN: There's so much going on.

Joining me right now to talk about all of it, Democratic congressman from Florida, Jared Moskowitz. It's good to see you, Congressman. Thanks for coming in.

Let's start there with this new reporting from "The Wall Street Journal" on Biden showing signs of slowing and slipping behind closed doors. Kayla lays out how "The Journal" describes the reporting as quite extensive, 45 people interviewed over several months, Republicans and Democrats, who either participated in meetings with Biden or were briefed on them contemporaneously.

What is your reaction to this reporting?

REP. JARED MOSKOWITZ (D-FL): No, thanks, Kate. Thanks for having me.

Breaking news, Biden is old. That's a story we haven't heard before. He's 81. Donald Trump is 78. They could have been in high school together. So, I don't know why "The Wall Street Journal" needed 3,000 words to regurgitate a story that, you know, the Republicans have been trying to tell up here for the last couple years in hearings that they've had, and talking points.

But, look, here we are. And this is going to be, obviously, you know, the next six months, that's going to be the entire campaign, Biden is old, Trump is crazy, right? This is what we're going to hear for the next six months. So, congratulations to "The Wall Street Journal." You're not first to the story. In fact, you're not even a hundredth.

BOLDUAN: But "The Wall Street Journal," and I actually just heard it from Bryan Lanza, who is, you know, a Trump ally, earlier in the show, as Bryan Lanza put it, and kind of what it's getting at in this reporting is, it's not the age, it's the mental acuity. It's not the age, it's the slipping I guess is - if I had to sum it up.

The mental acuity of both candidates has been an issue.

[09:20:01]

Does it concern you with Biden? MOSKOWITZ: Well, I mean, listen, there are people in their quoted

saying, well, he's not the same as he - when he was vice president. Well, look, I - Biden's not the same as he was in 2008. And, by the way, breaking news, Donald Trump's not the same as he was in 2016. Remember, Donald Trump's the guy who literally sat in a deposition room and he goes, oh, that's my ex-wife, and it was literally E. Jean Carroll.

So, you know, this happens with both of the candidates, right? They - they have slip-ups. They have mistakes.

Joe Biden came here and gave a State of the Union and there was none of the garbage that the Republicans are putting out on mental acuity. And we're going to have a debate in the next couple of weeks, right, and that will again prove that this is not an issue.

BOLDUAN: Yes, I guess, adding to the import of the debate that is coming up on CNN on June 27th.

The president, President Biden, also just did an interview with "Time" magazine I've been wanting to ask you about. In it he left the door open as to whether Israeli forces have committed crimes, crimes against humanity, committed war crimes during their ongoing campaign in Gaza, telling the magazine its, quote/unquote, "uncertain" whether the IDF has violated international law.

You've been highly critical of the ICC. You were just one of 42 House Dems to vote - for - to sanction the ICC just yesterday. Biden saying he's uncertain if Israel's committed war crimes. Do you agree with him?

MOSKOWITZ: Well, listen, I'm sure there will be all sorts of investigations, both internally and externally, whether some soldiers may have done things that were improper. Lord knows, right, a little self-reflection for a second, the United States also had issues like that in both Iraq and Afghanistan were soldiers did things that were inappropriate.

So, if there are those things, they should be investigated, right, and they - and they should be dealt with.

The ICC thing is outrageous, OK. They have no jurisdiction over Israel. They had no jurisdiction over Syria. In fact, the ICC specific said, well, the reason why we didn't go after Assad for war crimes and we didn't issue a warrant at - after he killed 300,000 civilians with chemical weapons, by the way, gassing them, is because we don't have jurisdiction.

Well, they don't have jurisdiction here with Israel, but now we have a made-up rule, right? It's magical. All of a sudden they gave themselves jurisdiction when they don't have any. So that's why it was critical that we passed this bill yesterday on a bipartisan basis.

BOLDUAN: I've actually been looking into the Syria thing. The Atlantic Council actually put out a pretty compelling argument that there is actually a way that the ICC could have jurisdiction over Syria because of the forced - because forcing Syrians to be refugees in a country that does have jurisdiction under the ICC. It is an interesting comparison for sure to make.

MOSKOWITZ: When then that's - let that - then that's great. Then that's great, Kate. Great news. I look forward to the ICC prosecutor issuing an arrest warrant for Assad.

BOLDUAN: Yes, it's - it is an interesting point to make.

Biden also was asked during this interview about criticism of Netanyahu, some suggesting that he might be prolonging the war for his own political survival. Here's the quote from Biden, Congressman. Biden saying, "I'm not going to comment on that. There is every reason for people to draw that conclusion."

Do you draw that conclusion?

MOSKOWITZ: Well, look, I'm not here to defend Netanyahu. I think there is some evidence that you could draw that conclusion.

But at the same time, I think, in the latest phase of the war, the reason why it's been going on the last couple of months when we could have gotten to a pause is because Hamas has refused to agree to a ceasefire in exchange for hostages.

Now there's a new deal on the table, right? We're again waiting for Hamas to agree to the ceasefire proposed by both President Biden and agreed to by the Israelis, which would get us a ceasefire in exchange for hostages.

And so, you know, I think there's, you know, I think there's a little bit of evidence that obviously the current government would like to stay in place as long as possible. And when they get out of the war, right, there's going to be elections. That's - that's common sense. But I think the reason why the last couple of months, the reason why the Israelis are in Rafah right now is because Hamas has refused to agree to a ceasefire in release for the hostages.

BOLDUAN: Hearing President Biden say that though, especially when there's already tension between him and Netanyahu, that is what's so striking to me.

Border policy. President Biden does a go it alone strategy with his executive order. It just goes into place. It has divide - Republicans, to sum up their reaction, too little too late. It's divided Democrats on this. Progressive Democrats saying it's going way too far. The ACLU saying they're going to take Biden the court on it.

You have been quite critical of the Biden administration's approach at the border in the past. What do you think about this executive order?

MOSKOWITZ: Well, look, I think Democrats in general, and I've said this before, right, we were late to the table on wanting to come to a solution. But then we did come to the table. We got to a solution with our Republican Senate colleagues, right? Lankford, a Republican, conservative senator, put forward the most conservative immigration bill and Donald Trump said, kill it and blame me. That was a direct quote. Not - don't pass it. I need it during an election. I needed it as an election issue and blame me. These are direct quotes from Donald Trump.

So, that bill disappeared. And so now Biden is doing it by EO, going it alone.

[09:25:01]

The Biden administration had been saying for months now that if they do it by EO it's going to get challenged in court. And that's why it needs to be done by legislation.

Now, by the way, I didn't hear a lot from Democrats when we were trying to pass the bipartisan bill from the Senate. Most Democrats were behind passing that. But now that Biden's doing it alone, they're critical.

Look, I think what the president's doing is the right thing to do. I think it's the smart thing to do. We have to make sure that we have a secure border. Obviously, my parents escaped the Holocaust - my grandparents escaped the Holocaust and came here. This country always has to make sure that people who are escaping political persecution, right, have a place to come. That's what the asylum laws are for.

But we obviously have to revamp those. The immigration system here has been broken for over two decades. So, right now, slowing the flow, which is what the president is doing, I think is a good idea.

BOLDUAN: Jared Moskowitz. Thanks for coming on, Congressman.

MOSKOWITZ: Thanks. Appreciate it.

BOLDUAN: Thank you.

A new warning from OpenAI insiders. Why they're asking companies now to be more transparent about the, quote/unquote, "serious risks" of artificial intelligence.

And severe heat warnings in effect for millions of people today. Triple digit temperatures as a heat dome sets in.

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