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Judge Delays Trump's Hush Money Sentencing Until After Election; Fourteen-Year-Old Suspect And His Father Appear In Court For First Time; Israeli Troops Pull Back From West Bank City Leaving Mass Destruction. Aired 3-3:30p ET

Aired September 06, 2024 - 15:00   ET

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

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UNIDENTIFIED MALE: This is CNN Breaking News.

BORIS SANCHEZ, CNN HOST: We start this hour with breaking news into CNN. The judge in former President Donald Trump's hush money criminal case has postponed his sentencing until after November's election.

BRIANNA KEILAR, CNN HOST: Judge Juan Merchan noting that the upcoming presidential election in his decision, this is something he considered in his decision to delay sentencing.

With us now, we have CNN Correspondent Kara Scannell, CNN National Correspondent Kristen Holmes, CNN Chief National Affairs Correspondent Jeff Zeleny and we have defense and trial attorney Misty Marris with us.

Kara, to you first. Tell us more about Judge Merchan's rationale here on delaying the sentencing.

KARA SCANNELL, CNN CORRESPONDENT: Well, Judge Merchan lays out his rationale in this four-page decision, and he notes off the back how this is a unique place in the nation's history, and he says that the timeline we're on, we're at September and we're just several weeks away from the election, makes this fraught with complexities.

Ultimately, the judge deciding that he was going to postpone Trump's sentencing until after the election, saying he didn't want to give the appearance of any sort of influence on the election, that he didn't want to look like he was going to be affecting either political party in this case. Also saying that he didn't want to give an advantage or a disadvantage to either side by making this big decision of whether and how to sentence former President Donald Trump on his conviction of 34 felony counts of falsifying business records.

Now, the judge also saying that he was not going to make an - to issue a decision on whether to throw out this conviction or throw out the indictment. That's something that Trump also asked for, citing the Supreme Court's decision on presidential immunity. So Judge Merchan saying he's not going to weigh in on that either, because that is also fraught with potential political implications. So now that big decision is now - all of that is off the table until after the November elections. So what will stand now is Trump's conviction, but there will be no other decisions in this case that - of whether the conviction stands. And if it does, how much time Donald Trump could potentially serve in prison.

One thing that the judge also pointed to was the prosecution. He said that they didn't oppose delaying the sentencing and so he leaned on that in part of his reasoning of why he would delay the sentencing in this case. He also said that this jury of 12 New Yorkers had sat through the trial, listened to the evidence and come up with this unanimous verdict. And he said he thought that that deserved its own consideration outside the specter of politics, and that Donald Trump, as a defendant in this case, deserve the same when he is facing a potential sentence.

So the judge now taking the politics out of this and taking the conviction of these felony charges out of the presidential race, at least as far as something that could potentially be decided ahead of that election. Brianna? Boris?

SANCHEZ: Kara, please stand by.

Kristen, a bit of a whirlwind day for Trump's attorneys because not long before this decision came down, he stood in front of them at a press conference and said that he was disappointed in his legal team. Now we're hearing that he's pleased about this decision and seemingly pleased with them.

KRISTEN HOLMES, CNN NATIONAL CORRESPONDENT: Yes. I mean, I think it's very tough job to be Donald Trump's attorney. I think that they're used to hearing this kind of feedback from Donald Trump. Anyone who's been his attorney that I've spoken to in the past has said it is not an easy ride.

So obviously no one wants to be ridiculed in front of the national press with the camera rolling, but it is still part of the job. And they sat there and they took it and they'll probably stay on his legal team even afterwards.

But when it comes to what they're feeling today, Donald Trump, yes, we are told he is very happy. We are also told the campaign is very happy. I've been getting texts all morning or afternoon since that ruling came out, and there are mostly memes of people celebrating.

Just remember that there are two things that this could mean now. It means either one, he loses the election and then he has to face sentencing on November 26th. Or two, he wins the election. It's going to take on a whole new meeting because he's going to have a sitting president. And what are you going to do then in terms of potential sentencing? That's going to change everything. There's going to be a lot of discussions as to what happens.

Now, we did get a statement, and it's a very Trumpian statement from a spokesperson, Steven Cheung, where he basically just said, "There should be no sentencing in the Manhattan DA's election interference witch hunt.

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As mandated by the United States Supreme Court, this case, along with all of the other Harris-Biden hoaxes should be dismissed."

Obviously, this case has not been dismissed. It has already been determined. But this is a Trump statement, as I said.

KEILAR: Jeff, former George W. Bush deputy chief of staff, Karl Rove, was just arguing that a sentencing before the election could have helped Trump. And yet this is something I think the Trump team very much welcomes that this is delayed. What do you think? What do they think?

JEFF ZELENY, CNN CHIEF NATIONAL AFFAIRS CORREPONDENT: I was talking to a Republican in Pennsylvania just a little while ago who made that exact same point. A sentencing for Trump seven weeks before the election, really as early voting was just getting underway, may have galvanized support for him. I mean, just think what it's done so far.

The one thing that unified this Republican Party, or one thing more than others around Donald Trump, were these legal cases in New York, in Georgia and beyond. So it could have helped him, there's no doubt. We never know if it would have rattled him. I mean, how it actually would have affected him personally, say he would have been given a prison sentence, that's a very different thing than just theoretically railing against the criminal justice system. But sure, there's an argument that it could have helped him right before.

So I think this judge saying, I'm going to take politics out of it, take the election out of it. Now, you know, we'll never know, I guess, before voters go. But add this to the list of things that voters have a question about, in terms of these legal cases against the former president. I mean, virtually every single legal case now will be decided after the election.

SANCHEZ: Misty, to you, there are very divergent scenarios here as to what could happen next, as Kristen and Jeff laid out. There are sentencing guidelines, and then there's what Judge Juan Merchan will have to do on November 26th, if Donald Trump at that point is president-elect. What do you foresee happening?

MISTY MARRIS, DEFENSE & TRIAL ATTORNEY: Yes. Well, we're in an uncharted territory, if that is the case. But first of all, there's the threshold issue of whether or not the verdict stands and whether Judge Merchan actually vacates the verdict and says this trial has to take place.

Again, remember, the argument is based on the Supreme Court's immunity determination, which doesn't necessarily directly reply to state law. However, what the Supreme Court found is that any evidence that would have been qualified as an official act could not come into the courtroom. So that's something Judge Merchan is going to have to make a decision on before that sentencing hearing. That's scheduled a little earlier in November. But then, if this case is in fact, and the verdict is upheld, and this goes forward as we - it proceeds, we're going to see a sentencing hearing. And if President Trump actually becomes the president of the United States, well, we'll immediately see an appeal to the Supreme Court to say that he cannot be in jail during his presidency.

There's a lot of constitutional issues that would be first time. You know, a case of first impression if that, in fact, does happen.

KEILAR: Yes. Such a good point. So what happens, though, Misty, in sort of zooming out on the bigger legal picture for Donald Trump, what are we going to see? Is it really just going - before the election, is it really just going to be potentially some evidence that could come out in the federal election subversion trial? Is that really pretty much it?

MARRIS: It seems to be because in the federal election subversion trial, it's just impractical. And the scheduling order, as even proposed, the trial cannot take place before the election. However, the discovery schedule that is proposed would make public some evidence that we may not have seen before from the public. So that may become into the public sphere.

But the actual results of that case and results of that trial, we're not going to see that prior to the election. It's just impracticable. Truly, that Supreme Court decision relating to presidential immunity gave a basis for all of these cases to be pushed back. And that's not just because the judges in these cases have to go through everything and make a determination about what falls under that umbrella of official acts and what is outside of it, but also what evidence can potentially come into the courtroom.

So that's very different than the acts themselves. It's also evidence that might, may or may not be excluded in these cases. So it really did complicate all of the legal cases moving forward and certainly is pushing them out past the election from a scheduling perspective.

SANCHEZ: Misty, Jeff, Kristen and Kara, thank you all so much. A lot of questions still to be answered, no doubt.

Still to come, more charges could be filed against the 14-year-old accused in this week's high school shooting in Georgia. He and his father appearing in court with some of the victim's families just feet away.

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KEILAR: Plus, the United Nations says the last 10 days have been the deadliest that the West Bank has seen since the beginning of the war in Gaza. Those stories and much more coming up on. CNN NEWS CENTRAL.

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KEILAR: The father and son accused in the Georgia school shooting are back in jail after making back to back court appearances today. A judge told the 14-year-old alleged gunman that he faces life in prison if convicted on felony murder charges after two teachers and two students were killed at Apalachee High School this week.

The Barrow County District Attorney says the teen will face even more charges as more victims are able to speak to investigators.

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Moments later, the suspect's father, Colin Gray, was arraigned on charges of second degree murder and involuntary manslaughter. He's accused of purchasing the weapon that his son allegedly used in the rampage. CNN's Rafael Romo is life northeast of Atlanta in Winder, Georgia.

And Rafael, talk to us more about this additional charges and what happen in court.

RAFAEL ROMO, CNN CORRESPONDENT: Yes, Brianna. Well, there are several significant takeaways after both father and son appeared in court for the first time today after Wednesday's horrific shooting. First of all, and this is significant, the judge made it clear earlier today that the teenage suspect won't face the death penalty because he's not eligible due to his age.

We have learned since Wednesday night that 14-year-old, Colt Gray, would be charged as an adult for allegedly shooting to death two fellow students and two teachers at Apalachee High School here in Winder.

We have also learned that the gun used in the shooting by the teenager was a Christmas gift from his father last December. Another important takeaway is that it is very likely that Colt Gray will face, as you mentioned at the beginning, additional charges. That's what Barrow County District Attorney Brad Smith said earlier today here outside the courthouse. Let's take a listen.

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BRAD SMITH, BARROW COUNTY DISTRICT ATTORNEY: There will be additional charges on Colt Gray. When he was taken into custody on Wednesday, we did not have the identities of the conditions of the other victims, so we were not able to charge on those offenses. So when the evidence comes in and they've been - have a chance to heal physically, emotionally and spiritually, we will get with them and there will be additional charges that address the other victims.

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ROMO: District Attorney Smith also said that a grand jury will be scheduled to hear both cases against the father and the son sometime in October, Brianna?

KEILAR: Rafael, tell us more about the charges that this father is facing, because this is extremely rare. We've only seen this in one other case where the parents were held accountable for what their kid did.

ROMO: Yes. You're right, Brianna, and there are very serious charges. This father, Colin Gray, was arraigned on four counts of involuntary manslaughter, two counts of second degree murder and eight counts of cruelty to children.

His arrest warrant of obtained by CNN alleges the following, and here I quote, "Colin Gray did cause the death of," here's a redacted name, "a child under the age of 18 years, irrespective of malice, by providing a firearm to Colt Gray with knowledge," and this is a key, Brianna, "that he was a threat to himself and others."

So very serious charges that they face. Again, they are expected to appear again in court on December 4th. That's a little less than three months away from today, Brianna.

SANCHEZ: Rafael Romo, outside the courthouse in Winder, Georgia. Thank you so much.

Let's get some perspective on all of this. We're joined now by CNN Law Enforcement Analyst and former Secret Service agent, Jonathan Wackrow.

Jonathan, thank you so much for being with us.

I first want to get your reaction to how all of this unfolded and how specifically law enforcement has an interview with this student and his father a year before the shooting. And now that the father is being charged with these crimes, how significant is that interview, do you think, in the grand scheme of the case against him?

JONATHAN WACKROW, CNN LAW ENFORCEMENT ANALYST: I think that that interview is absolutely significant, right? Because when we think about, you know, acts of violence, right, you know, this concerning behavior that this child had runs along a continuum, right? And so what we do know is that early intervention into problematic behavior is critically important.

And this interview, the actions around this interview are a seminal moment of that continuum where there was a chance for the father working with law enforcement and others to intervene with his child to prevent concerning behavior and potentially change the course here. So the statements that were made by the father then, knowing that there was access to weapons and then purchasing a weapon in - at Christmas time as a gift, again, you know, starts to point to recklessness, right? Because the father did know, he was aware that there was some sort of concerning behavior.

But then, you know, basically disregarded that and enabled this child to have access, you know, to a weapon with tragic results.

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KEILAR: But also talk a little bit, Jonathan, about the idea of purchasing a weapon for someone, right? That's - I mean, that's - if you are the owner of the weapon or you are the legal owner of the weapon, these are important distinctions. The age matters here. Talk about that a little bit.

WACKROW: Yes. I mean, listen, what you're doing is you're giving them essentially as a gift, unfettered access to this weapons platform. Again, and you're doing that with the context of knowing that there's already, you know, potential behavioral issues that have been highlighted by law enforcement.

You know, when law enforcement comes and talks about at that time, you know, he - I do not believe that he was 14 at that time, so he's younger, that there is a, you know, some sort of issue here that is moving this child along the pathway of violence, right? We've already heard through reporting and investigation that, you know, the suspect had violent ideations. He, you know, focused on, you know, other types of mass shootings.

All of these things, you know, speak to, you know, threatening behavior of the suspect. The father notionally knew that, right? We do know that, and that, you know, interview and discussions that have been had are critical into the charging documents that will be forthcoming against the father.

SANCHEZ: And in the case of the shooter, the District Attorney in Barrow County says there will be additional charges filed against him aside from the four murder counts. What do you imagine those other charges might be?

WACKROW: Well, listen, today, what we saw was the initial appearance before the court. And, you know, he was arrested on four counts of felony murder. But what you're going to see most likely, and I think this was alluded to by the local prosecutor, is that there'll be more charges stemming from those who were wounded directly during the incident, right?

So, you know, not only the - directly, but also people who were injured as a result of the incident. So, those are going to be multiple charges. You may have charges stemming from - that center around endangerment or you may have additional weapons charges that could be brought forward.

So there will definitely be more. Again, it's going to center around those who were wounded and injured as a result in any other local charges that could be applied to this matter, both for the suspect and his father.

KEILAR: And, you know, the parents of the Oxford school shooter, that was the Michigan school shooting where both the mother and the father were tried and convicted afterward. That really, I think, set the tone, set the precedent for this. We knew that it would be looked at in other cases. Is this the new world that we're in where parents are bearing so much of the responsibility? And what do you think the effect is going to be on parents and securing weapons and whether they're providing them for kids?

WACKROW: Well, Brianna, this goes to the fact that, you know, if you are responsible for a child and you're the adult and you're responsible for the child, you need to be held accountable if they're committing acts of mass violence like this. Giving them a pathway to access weapons is, you know, basically negligence. You're a negligent parent when you're giving your children access to these weapons, knowing that there is a threat. You as an adult, as the parent and legal guardian, you need to be held accountable for it.

So I think that these are appropriate charges for, you know, these horrific acts that have occurred. The common denominator here is, you know, the recklessness around access to weapons by the wrong person. This isn't about gun ownership. This is about responsible gun ownership and responsible care around firearms. And we see in this case that the father of the suspect basically disregarded all of that.

KEILAR: Yes. Jonathan Wackrow, thank you so much for your insights. We do appreciate it.

WACKROW: Thank you.

KEILAR: When we do come back, how a retiring election official is trying to prepare others in the same role as communities across the country brace for a close election and the potential chaos that could follow.

SANCHEZ: Plus, how Israel's prime minister is once again throwing cold water on the idea that a ceasefire and hostage deal is close. As the White House insists, it is 90 percent done. We'll be right back.

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KEILAR: The gap between the White House and Israel's prime minister appears to be growing ever wider. Benjamin Netanyahu saying unequivocally he does not believe a ceasefire and hostage deal is likely in Gaza. And that's a sharp rebuke to the Biden administration's insistence that an agreement is close at hand. One top U.S. official even saying a deal is 90 percent done. Netanyahu called that claim, quote, "exactly inaccurate."

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BENJAMIN NETANYAHU, ISRAELI PRIME MINISTER: Hamas is not there with a deal. There's not a deal in the making, unfortunately.

UNIDENTIFIED MALE: And it's not close.

NETANYAHU: That still hasn't happened.

UNIDENTIFIED MALE: Right.

NETANYAHU: They want to reconstitute their terror kingdom. And unfortunately, it's not close. But we'll do everything we can to get them to the point where they do make a deal.

ANTONY BLINKEN, SECRETARY OF STATE: It's really incumbent on both parties to get to yes on these remaining issues.

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KEILAR: And, yes, the IDF is operating in Gaza. But here you are looking at destruction in Jenin, which is a city in the occupied West Bank.