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Erin Burnett Outfront
Trump Blames China as U.S. Surpasses 200,000 Coronavirus Deaths; Trump Says He will Announce Supreme Court Pick Saturday; Sources: Favorite Amy Comey Barrett Back at WH for Second Day; Pence Aide: Air Force Two Strikes Bird, Returns to New Hampshire; Rep. Karen Bass (D-CA) is Interviewed About Biden Dodging When Asked if He'd Expand SCOTUS As President. Aired 7-8p ET
Aired September 22, 2020 - 19:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
WOLF BLITZER, CNN HOST: Thanks very much for watching. Erin Burnett on front starts right now.
ERIN BURNETT, CNN HOST: OUTFRONT next breaking news, the President breaking his silence on the 200,000 plus American lives lost to coronavirus, he blames China and claims the death toll would be higher if he had not acted. One of the nation's top doctor says it didn't have to be this way. He testified under oath today and he's OUTFRONT.
Plus more breaking news, the FBI with a new warning to all Americans about election night.
And Amy Coney Barrett back at the White House for a second day in a row. Republicans moving full speed ahead. They've got the votes. Can Democrats do anything to stop it? Let's go OUTFRONT.
And good evening. I'm Erin Burnett.
OUTFRONT tonight, the breaking news. The U.S. death toll tonight topping 200,000 and just a short time ago the President addressing the tragic threshold.
(BEGIN VIDEO CLIP)
DONALD TRUMP, PRESIDENT OF THE UNITED STATES: Well, I think it's a shame. I think if we didn't do it properly and do it right, you'd have two and a half million deaths. But it's a horrible thing. Should have never ever happened. China let this happen.
The original numbers were around 200,000 if we do it right, if you did a good job and if the public worked along. And if you didn't do it right, it'd be at 2 million, 2.5 million, those were the numbers. But this should have never happened. This should never come out of China. They should have never let it happen.
(END VIDEO CLIP)
BURNETT: The President is seizing the moment to praise himself and I don't need to go through again with you, the factual comparisons with places like South Korea, that to show his praise to be factually wrong in terms of the death. Because it isn't just that he is factually wrong it is that every one of these people was alive nearly seven months ago, every one of them was alive, breathing human with a soul.
The mall in Washington today with thousands of American flags to honor the loss that leaves a gaping hole in so many other lives, you get goosebumps looking at that. So when Trump missed the moment, his team scrambled to say that what really he thinks is this.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Is this something that he would like to express remorse over or simply to people who have lost ...
KAYLEIGH MCENANY, WHITE HOUSE PRESS SECRETARY: The President throughout this pandemic has done just that. He has said before that it keeps him up at night thinking of even one life loss.
(END VIDEO CLIP)
BURNETT: Now, we do know there are many things that keep Trump up at night and we know this because he tweets about them during the night. And during the pandemic here is what has kept him up.
At 12:46 am on May 5th with the death toll at 74,186, the President attacks Republicans who don't support him saying they 'fail badly 12 years ago, then again eight years ago and then got badly beaten by me'. At 12:53 am on May 29th, the death toll stands at 105,963 Americans, the President tweets at protesters when the looting starts, the shooting starts.
At 12:10 am on June 18th, the death toll 121,222. Trump calls his former National Security Adviser John Bolton on Twitter a wacko and a dope. At 12:17 am, September 16th, the death toll that day 196,763, the President retweets a fake video of Joe Biden appearing to play a song disparaging police, it was fake, it was a lie. President retweets it saying, "What's this all about?"
So the President does stay up at night, he wears his emotions on his sleeve in the middle of the night. And when it comes to the coronavirus is silence about the staggering loss of life and the wee hours matches his silence on that during the day. This is how he has discussed the death and dying in daylight.
(BEGIN VIDEO CLIP)
TRUMP: They are dying, that's true and it is what it is.
(END VIDEO CLIP)
BURNETT: Because just like today when given a chance to reflect on the death, he chose to do what he has done again and again, say his performance on the pandemic is great. One time he even said it was A plus plus plus.
So today our Sanjay Gupta asked Dr. Fauci whether he thinks Trump's response deserves such a grade.
(BEGIN VIDEO CLIP) SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: President Trump says
he would give the federal government an A or a B in his handling of the pandemic response. What grade would you give the response?
DR. ANTHONY FAUCI, DIRECTOR, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES: Take a look at the numbers and make up your own mind. I mean you don't need a sound bite from me, take a look at the numbers.
(END VIDEO CLIP)
BURNETT: Gracefully, graciously, Fauci's answer says it all. So lest there be any lack of clarity, let's just take a look at the numbers.
[19:05:02]
As the United States tonight tops 200,500 deaths, nearly half of the states in this country are seeing an increase in new infections the wrong direction. But today again, Trump lauded his response, something he's done from day one when this country recorded its first death until tonight.
(BEGIN VIDEO CLIP)
TRUMP: That decision has been now given very good grades like an A plus plus plus.
UNIDENTIFIED MALE: On a scale of one to 10, how would you rate your response to this crisis?
TRUMP: I'd rate it at 10.
I give ourselves an A.
Somebody said, "What grade would you give ourself?" I said, "A plus."
We're rounding the corner on the pandemic and we've done a phenomenal job. On the job itself, we take an A plus.
(END VIDEO CLIP)
BURNETT: A plus or a plus plus plus. Ashish Jha, the dean of the Brown University School of Public Health, top expert on testing in this country testified on Capitol Hill today.
(BEGIN VIDEO CLIP)
DR. ASHISH JHA, DIRECTOR, HARVARD GLOBAL HEALTH INSTITUTE: It didn't need to be this way. The failure to effectively and fully implement these public health measures have meant that we have more cases and more deaths than any nation in the world.
(END VIDEO CLIP)
BURNETT: Now, I'll talk to Dr. Jha in just a moment, but these are the pictures of 20 men and women from across the country who lost their lives to this virus. Just take a look at those for just a moment. None of them are alive now. And then imagine 10,000 screens like this, that's what it is, each one of them with a family now alone struggling to make sense of their loss. Just like some of the families I've spoken to.
(BEGIN VIDEO CLIP)
STACEY NAGY, TEXAS WOMAN WHO LOST HER HUSBAND DAVID TO THE CORONAVIRUS: He was the love of my life and I love him. Here was a part of me, and I feel lost without him.
MAURA LEWINGER, WIFE OF CORONAVIRUS PATIENT JOE LEWINGER: I explain how I get through the day by saying that I pretend. I pretend that this awful thing hasn't happened to us and our family and our friends and community. It's a constant - he's a constant in my mind and constant - how do I get through the rest of my days without him?
(END VIDEO CLIP)
BURNETT: Kaitlan Collins is OUTFRONT tonight. She's in Moon Township, Pennsylvania. That's where the President is and he's about to speak at a rally, crowded rally where I'm sure Kaitlan will tell us people are packed. I can see them and few are wearing masks. Kaitlan, do you expect more comments from the President on this grim milestone and this loss of life?
KAITLAN COLLINS, CNN WHITE HOUSE CORRESPONDENT: It doesn't seem to be that way, Erin, because the only time he's addressed it today is when he was asked about it by reporters. And the same goes for the White House Press Secretary Kayleigh McEnany earlier today when she was asked how the President is marking passing this 200,000 people killed here in the United States from Coronavirus.
And the President is trying to justify it by saying that if they had not taken stronger actions or not take any actions that they did that 2 million Americans in the United States would be dead, Erin. But that is simply not a projection that we saw from any model. That was if there was no social distancing, no preventative measures taken in the United States.
And Erin, I can remember back in March when the President told us from the briefing room, that if a hundred thousand to 200,000 people died in the United States, that would be an indication that his administration had done a good job responding to Coronavirus. And, of course, now we have surpassed 200,000 deaths and there is no end in sight, despite what the President has said about vaccine.
One, of course, has not been cleared yet despite the progress that they have made on it and making it into those phase three trials. There isn't one yet and that just is a simple fact of the matter. And in a pre recorded speech the President gave at the United Nation's General Assembly today, he talks about China, he blamed them, lashed out at them for the way they responded to coronavirus.
But Erin, he did not take that chance either to mark the six figures of Americans who have been killed by this so far. BURNETT: Right. Kaitlan, thank you very much. The President we'll be
speaking in just a few moments.
Tonight, it is the first night of fall. Dr. Fauci is warning that the country is now heading into a very risky few months for the virus. Nick Watt is OUTFRONT.
(BEGIN VIDEOTAPE)
NICK WATT, CNN NATIONAL CORRESPONDENT(voice over): Today we passed 200,000 dead. That's a hard horrific fact.
(BEGIN VIDEO CLIP)
DR. CECILE GOUNDER, CNN MEDICAL ANALYST: This is one of the greatest tragedies in American history, not least because these 200,000 deaths, those deaths were preventable.
(END VIDEO CLIP)
WATT(voice over): Two hundred thousand people dead, killed by a disease we didn't even know existed a year ago. Among them, Darlene and Johnny Lee Peoples from North Carolina. Married 48 years, killed by COVID within minutes of each other holding hands.
(BEGIN VIDEO CLIP)
FAUCI: The idea of 200,000 deaths is really very sobering and in some respects, stunning.
(END VIDEO CLIP)
WATT(voice over): Only heart disease and cancer will kill more Americans this year.
[19:10:00]
And this bears repeating over and over. The U.S. accounts for a little over 4 percent of the world's population, but a little over percent of the world's COVID-19 deaths and it's far from over.
(BEGIN VIDEO CLIP)
FAUCI: We are entering into a risk period.
(END VIDEO CLIP)
WATT(voice over): Today is the first day of fall. It was October that prove the deadliest month for the 1918 flu pandemic.
(BEGIN VIDEO CLIP)
FAUCI: I'd like to see us go into that at such a low level that when you have the inevitable cases, you can handle them.
(END VIDEO CLIP) WATT(voice over): But we're not, nationwide over 50,000 new COVID-19
cases logged yesterday. Might be a blip, probably not. Average daily deaths are now rising in 20 states, average daily case counts are now rising in 24.
(BEGIN VIDEO CLIP)
FAUCI: Masks work, physical distancing works, avoiding crowds work, that is the fact.
(END VIDEO CLIP)
WATT(voice over): But as we try to fight this virus ...
(BEGIN VIDEO CLIP)
DR. AMESH ADALJA, SENIOR SCHOLAR, JOHNS HOPKINS UNIVERSITY CENTER FOR HEALTH SECURITY: As with many things on coronavirus, the person not to listen to is the President because most things he says are misleading or outright lies.
(END VIDEO CLIP)
(END VIDEOTAPE)
WATT: And Erin, more proof that 2020 is a year like no other, a federal agency the CDC is discouraging trick or treating already and now five NFL teams are being fined a quarter million bucks each because their head coach didn't wear a mask during a game. The next milestone is going to be 7 million cases here in the United States and we might get there this week, Erin.
BURNETT: All right. Nick, thank you very much.
I want to go now to Dr. Ashish Jha as promised, Dean of the Brown University School of Public Health along with Dr. Jonathan Reiner, director of the cardiac cath lab at GW hospital, also advised the White House medical team under President George W. Bush.
So Dr. Jha, you were on the Hill today. You were angry, I could hear it in your voice. The President says that he is performance, again, lauding it today, A plus plus plus how he has graded himself. Your comment it didn't have to be this way, explain.
JHA: Yes, Erin, thanks for having me on. I don't know if I was angry or sad or upset, I think all of those things, probably, 200,000 of our fellow Americans have died in the last seven months. If we had done what a large number of other countries have done, take the virus seriously, implement public health matters, 80 percent, 90 percent of those people would be alive today.
That is a tragedy and it's a travesty. And so I think my emotions got a little bit of the best of me today in a very frustrating seven months, I mean, for all of us but specially for the people who's family members have been taken away from them from a ineffective response to this pandemic. BURNETT: Eighty to 90 percent of them would be alive. I just hope we
all just get a moment to think about that. Dr. Reiner, President Trump now acknowledging the lives lost saying it would have been, his response, that has made it as good as it is. You advised the Bush White House medical team for eight years, so when he said that today, it then came to his press secretary to respond. And so she says, well, he's up at night, he's upset about every death.
Does it surprise you that his team is still willing to do this to still say those sorts of things?
JONATHAN REINER, CNN MEDICAL ANALYST: Sadly, it doesn't surprise me. I think in the ideal world, I think you would get more of a sense of humanity from the White House. The President writes off these 200,000 people as if they're just nameless, statistics, old, sick, they were going to die soon anyway.
But these were people, they had names, they had lives, they had people that loved them like my cousin Mike, like my friend's dad, Ardy (ph). These are people with legacies. And as Dr. Jha just said, they did not have to die.
And the other point that is so key right now is that the death isn't ending, hundreds, almost a thousand people a day are still dying of this. We are not rounding the corner.
And because we haven't taken these central public health measures that Dr. Jha every night stresses, these people are going to continue to die. The President has been hoping for a magic bullet vaccine, but even when we have an effective vaccine, it's going to take many months to really affect the mortality rate in this country.
BURNETT: So Dr. Jha ...
REINER: So these people did not have to die.
BURNETT: No. And Dr. Jha when the President was asked today about health experts, specifically one of them that came up, Dr. Peter Hotez, who's been on this network who has warned the U.S. could be in for a deadly fall. By the way, his own director of the CDC has said it, Dr. Redfield, multiple times. But when the President was asked directly about this and Dr. Hotez is the one who said it most recently, here's what he said.
(BEGIN VIDEO CLIP)
TRUMP: I don't know who he is, but I disagree with him. I think we've done an amazing job.
[19:15:04]
They're having a spike in Europe now as you know and we're always compared to Europe and we've done very well compared to Europe. Now, we're doing very well with it. We're doing extremely well relatively speaking.
(END VIDEO CLIP)
BURNETT: So Dr. Jha, are we doing extremely well right now relatively speaking?
JHA: No. So, yes, I understand that Europe is spiking. I think we have to sort of take this all in stride, Germany has had a spike, it's 2,000 to 3,000 cases a day. We're better than we were and we're at 40,000 cases a day. So a little bit of perspective would be helpful.
We all know who Dr. Hotez is. He's been one of the leading voices on disease outbreaks and pandemics for a good quarter century, probably longer. He is one of the leading voices.
So I appreciate that the President doesn't agree with the scientists, but there isn't much daylight among the scientists. There is broad consensus that we are entering a very difficult time period, we should not be entering it with 40 plus thousand cases a day, it'd be a lot better if we had much less suffering.
There are obviously rays of hope, vaccines, maybe we'll improve our testing, but hope is not a strategy. And it'd be really helpful to get out of the White House a strategy that they were willing to implement to save American lives.
BURNETT: So Dr. Reiner, Dr. Jha just brings up the vaccine and it does seem right now that for many people, it has sort of become a wait for a vaccine, A, because they keep saying that one is coming really soon. The White House of Trump continues to say that right. And a lot of people I feel like have accepted that, that it is what it is until there's a vaccine.
And The Washington Post tonight is reporting that the FDA is going to have new standards, tough new standards for a vaccine that would make it harder for any vaccine to be cleared before election day, which has been the President's goal. But I want to ask you about, it's actually whether that troubles you, why the FDA would need to toughen their standards, aren't they supposed to be the best standards and beyond reproach? Why are they toughening them? Is that purely because of the politics here?
REINER: I think it's acknowledging the politics here and I think it also acknowledges that there is a great deal of skepticism about the safety of the vaccine in the public's mind. Remember that in our best year in this country, we only vaccinate about 60 percent of the country for the flu.
So there is a lot of ingrained vaccine skepticism and the administration's stressing of speed, the President talking about having the vaccine approved before that special day just magnifies the skepticism. So I welcome the FDA's statement about slowing things down a little bit, making sure that we, not just have an effective vaccine, but have a safe vaccine.
BURNETT: Yes.
REINER: Remember, we're going to be vaccinating healthy people. We cannot afford to have a vaccine that's not safe and I thought this was a good statement by the FDA.
BURNETT: All right. Thank you both very much.
And next breaking news on the Supreme Court, Amy Coney Barrett back at the White House, we have found out today, that is the second day in a row she was there now emerging as the President's top pick. And Republicans right now, I've got to tell you, they appear likely to have the votes. So can Democrats do anything about it or is this a done deal?
Plus more breaking news, the FBI warning tonight about foreign actors spreading disinformation about the results of the election. This is The Washington Post reports Putin himself is probably directing Russia's efforts.
And our so called secrecy envelopes the hanging chads of 2020, one election official is warning that they could lead up to 100,000 ballots tossed out in a battleground state, a state that Trump only won by 44,000 votes in 2016. We're gonna tell you what they are and the possible impact.
(COMMERCIAL BREAK)
[19:22:33]
BURNETT: Breaking news, President Trump saying tonight that he will announce his pick to replace Supreme Court Justice Ruth Bader Ginsburg on Saturday at 5 pm. Judge Amy Coney Barrett, who has emerged as the President's overwhelming favorite was back at the White House today for a second day in a row. And already Senate Judiciary Chairman, Senator Lindsey Graham gaming out the hearings, telling reporters today that he plans to hold just three days of them.
Manu Raju is OUTFRONT on Capitol Hill. So Manu, look all of this is moving really quickly and all of these people who said the opposite in 2016 have now - the happy hypocrites where they're done, they're fine, they've owned their hypocrisy, they're doing it. The President wants to vote before election day, so is he going to get it? Is he going to get it before election day?
MANU RAJU, CNN SENIOR CONGRESSIONAL CORRESPONDENT: It certainly appears that way. The pieces are falling in line for that to happen. The Republicans are saying that they will support this nominee even before the nominee is announced. Lindsey Graham says all of the Republicans on this committee are prepared to get behind this, whoever comes forward, whether it's Amy Coney Barrett or anybody else.
And Lindsey Graham does expect hearings to begin in his committee as soon as next month and that would set up a vote in his committee, potentially, by the end of next month or late next month and then on the Senate floor soon thereafter. What Republicans are concerned about is this being pushed after the election, if that were to happen and let's say that Joe Biden were to win the White House, that Republicans were to lose the Senate Majority, a lame duck Congress would come back and in the Senate they would approve and confirm this nominee after voters had rendered a judgment against the Republicans on November 3rd.
So today at a lunch behind the scenes Republicans discussed this possibility and there were some concerns, I'm told from members, that that would essentially look bad. And so they would rather move forward, push this fast, faster than any nomination, really in modern times among the fastest of any proceedings. This would be 38 days from Saturday when the President were to announce this nomination.
But nevertheless, the Republicans are getting behind this say they want to move ahead and Democrats now are grappling with their strategy, because they like the votes to do anything about it, Erin.
BURNETT: Right, they do. I mean, they can stretch it out and then after the election, I mean, we're not gonna know I almost certainly on November 3rd who wins, so then you have that whole period of uncertainty? All right. Manu, thank you very much.
I want to go now to Carrie Severino, President of the Judicial Crisis Network and a former clerk to Justice Clarence Thomas. And Kirsten Powers USA Today Columnist and CNN Senior Political Analyst. All right. I'm really glad to have both of you with us.
[19:25:02]
So Kirsten, the frontrunner, she went again to the White House today, Amy Coney Barrett, not sure she's the one but certainly appears to be the frontrunner at this point. Republicans are certainly behind that, they're behind whoever the President picks. Susan Collins is the only Senator who says she will not vote for whomever the President nominates.
So Democrats really can't do much. They really can't do much. They don't have the votes. There's only so long they can delay it. Are you surprised at all though at how quickly Republicans are getting in line, given that for so many of them, they had to own up to saying the exact opposite in 2016?
KIRSTEN POWERS, CNN POLITICAL ANALYST: I'm not surprised, but don't take that to mean that there isn't something highly problematic with what's going on right now. So I'm not surprised just because they've shown that they're willing to basically follow Mitch McConnell when he calls them to order. And Mitch McConnell basically told them, yes, you went out, when Barack Obama was president, you said all sorts of things about what you believed in terms of filling vacancies in an election year and now you're going to go out and you're going to say the exact opposite and they all went along with it.
It's not surprising to me, but it's still completely outrageous and it should be very concerning to people. And I think the question is what will voters think of it, are there voters who are going to actually find this pretty repugnant, even by the standards of Washington where voters often say, well, they lie, politicians lie.
But this is so brazen in terms of the promises that were made, specifically from Lindsey Graham and other senators that absolutely would not do exactly what they're doing right now. BURNETT: All right. I mean, Carrie, Lindsey Graham did say during the
Trump administration that if there were a vacancy in the last term of Trump's - last year of his first term that he would not move to replace it. I mean, it was so explicit and specific. Would you use the word brazen?
CARRIE SEVERINO, PRESIDENT, JUDICIAL CIRIS NETWORK: I think what's really brazen is the Democrats many of whom said it was literally unconstitutional, which is crazy not to hold a vote for Supreme Court Justice, who now are saying, oh, no, you can't have one.
Look, the President is very clear. Historically, every president who's had an election year vacancy has made a nomination and historically if the President and the White House - if the Senate and the White House are in different hands, that's sort of like saying that people get to vote and decide. In that case, overwhelmingly the nominees aren't confirmed, that's what we saw in 2016, when they're held at the same party, overwhelmingly, almost every single time the nominee is confirmed.
The President is a hundred percent on the Republican side here.
BURNETT: So Kirsten, the Democrats' new mantra is everything on the table and the President's been asked about whether he would go forward the nominee ahead of the election that could tear country apart. He said I don't think so and then he went on to say this.
(BEGIN VIDEO CLIP)
TRUMP: We need nine justices. You need that. With the unsolicited millions of ballots that they're sending, it's a scam; it's a hoax. Everybody knows that. And the Democrats know it better than anybody else.
So you're going to need nine justices up there. I think it's going to be very important.
Doing it before the election would be a very good thing because you're going to probably see it, because what they're doing is trying to sow confusion ...
(END VIDEO CLIP)
BURNETT: We just lost Kirsten, but Carrie, let me ask you, I mean, obviously, I know you think he should go ahead with this, but do you think that reasoning makes sense as to why there need to be nine justices right now?
SEVERINO: I think he's absolutely right, we potentially face decisions that could go 4-4 on the Supreme Court. But look, there is ample time to do this. If you look at historical precedent, there is Justice O'Connor 33 days till she was confirmed. Justice Ginsburg herself 42 days till her confirmation. Justice John Paul Stevens only took 19 days. And we're talking about the front runners here are women who have recently been confirmed by bipartisan senate majorities. They have recently gone through this whole process and been vetted it would be actually very easy to get through this process. You don't have to start from scratch.
BURNETT: So Kirsten, does that add up to you? I know you got you back ...
POWERS: Yes, I got cut out for a second. But I mean just to respond to what Carrie said originally, it's not true that there's never been a nomination in an election year. Kennedy was in an election year and the idea that the Democrats were saying that the reason that you can't do a vote is because we're in an election year, that's ridiculous. That's not why they're saying it.
They're saying it because of what McConnell did with the Scalia's seat. And so Republicans can either have this seat or they can have that seat and they chose to have that seat. But you can't have both, because you're using completely diametrically opposed reasoning for it.
I mean, the reasoning that was put forth applies just as well here as it did for Scalia. And so that's all Democrats are saying. It's like you just can't have both seats.
[19:30:01]
It's not that you can't have either seats or it's not that you can't do this in an election year. It's just you can't do it after taking that other seat.
BURNETT: All right. Thank you both very much. I appreciate your time.
SEVERINO: Thanks.
BURNETT: And next, breaking news, the FBI with a major warning about election night. As we learn more about Putin's personal -- reportedly personal involvement in a plot to undermine Joe Biden.
And the city of Louisville, Kentucky, in a state of emergency tonight. Residents on edge as decisions on charges on the shooting death of Breonna Taylor could be announced at any moment.
(COMMERCIAL BREAK)
BURNETT: Breaking news, a source says Air Force Two, you see there with Vice President Pence on board, hit a bird and is turning back.
Kaitlan Collins just broke this news.
Kaitlan, what do you know?
KAITLAN COLLINS, CNN WHITE HOUSE CORRESPONDENT: Well, Air Force Two was leaving New Hampshire, Erin. So, the vice president had been there all day campaigning on behalf of the president. We are told they just returned back to New Hampshire and they're switching planes because while they were in air, Air Force Two hit a bird. So, out of an abundance of caution we are told they turned around and went back to New Hampshire.
[19:35:02]
And now, people are inspecting Air Force Two's engine, but they are preparing for the vice president and his staff and the reporters traveling with him, Erin, to take a cargo plane back to Washington. And this comes as the president has landed here in Pennsylvania behind me just a few moments ago. So both of them were in the air.
But we were told out of an abundance of caution that they turned around. They had not gotten far from New Hampshire. And they are back at the airport right now. Air Force Two is on the ground and they are expecting it right now.
And we'll keep you updated on what else we learn, Erin. But it sounds like it was a bird that Air Force Two, while they were in the air back to Washington.
BURNETT: All right. Thank you very much, Kaitlan. She's live in Moon Township, Pennsylvania, where that rally is happening.
There is breaking news on the election. The FBI with a major warning about election night tonight. And this is the warning -- they say that foreign actors could be trying to exploit the delay in results from mail-in votes and spread disinformation, right, so no one trusts it. You could see very, very ugly scenarios.
It comes as "The Washington Post's" Josh Rogin reports that the CIA believes Vladimir Putin himself is, quote, probably directing Russia's efforts to bring down Joe Biden and help President Trump emerge victorious.
OUTFRONT now, Greg Brower, former assistant FBI director under President Trump and a former Republican state senator in Nevada.
Greg, I'm glad to talk to you again tonight.
So, major alarm bells, though, from the CIA and the FBI. This is top of their list now. This is -- how significant is that? They're coming out making it very clear, reporting now Putin himself probably directing Russia's meddling and that this is specifically going to focus on what we know is going to happen, which we don't know the outcome on November 3rd.
GREG BROWER, FORMER FBI ASSISTANT DIRECTOR, FORMER GOP STATE LAWMAKER: Right. Well, good evening, Erin.
The FBI, I think did the responsible thing by issuing this warning. We have to remember that the intelligence community as a whole, including the FBI, the CIA, and the NSA did an assessment following the 2016 presidential election and concluded that Russia did in fact intend to interfere in favor of then-candidate Trump by denigrating and criticizing then-candidate Clinton. The assessment at that time also concluded that Russia would likely to continue in this effort through the 2020 election, so here we are.
And so, the evidence seems clear according to the FBI that that ongoing effort by the Russians is continuing, is aimed once again at supporting candidate Trump. And even though this warning by the FBI does not include the word "Russia," people should make no mistake about it, this is Russia that we're talking about.
And anybody that wants to deny or minimize the fact that Russia's engaged in this effort is simply not paying attention to the intelligence that our professionals have developed over the last four years.
BURNETT: You know, here's the thing, the person who's been saying that it's Russia very clearly has been the FBI director, and the person who's been questioning it. Not just in terms of sewing doubt about the election and the outcome, which is what the Russians want to do, but to also say that Russia isn't even the issue. It's the president.
Here's the FBI Director Chris Wray first.
(BEGIN VIDEO CLIP)
CHRISTOPHER WRAY, FBI DIRECTOR: We certainly have seen very active, very active efforts by the Russians to influence our election in 2020, primarily to denigrate Vice President Biden.
(END VIDEO CLIP)
BURNETT: OK. So, he lays it out clearly, Greg. And here's the president.
(BEGIN VIDEO CLIP)
DONALD TRUMP, PRESIDENT OF THE UNITED STATES: If you look at it, who's the big problem? The big problem is China. And why he doesn't want to say that, that certainly bothers me.
(END VIDEO CLIP)
BURNETT: So, he denies the facts and then he goes out every day, right, and says that if he loses, the whole thing is rigged, which is exactly the message that Putin wants spread. What does this tell you?
BROWER: Well, first of all, let me just say that Director Wray is an outstanding public servant. I had the privilege of working very closely with him. He calls them like he sees them, and he is just being as candid as he can with the Congress and the American people about what the intelligent professionals at the FBI are seeing on this topic.
So, when he says it under oath and on the record, you can take it to the bank. And he's not the only one. Director Wray is simply echoing what the entire intelligence community has observed and is saying. And so, when it comes to whether the American people should believe the entire intelligence community or President Trump, I think the track record of each speaks for itself.
BURNETT: All right, Greg. I appreciate your time. Thank you.
BROWER: Thank you.
BURNETT: And, look, this election is going to come down to -- well, it could be a lot of battleground states, right? And all these questions and uncertainty. Live pictures out of Pennsylvania. You just saw Kaitlan there report.
This is live in Moon Township. The president in that key swing state as top election official in the state warrants a Supreme Court decision that so-called naked mail-in ballots are invalid, can lead to chaos.
[19:40:03]
And, in fact, more than 100,000 ballots being tossed out. That is more than double Trump's margin of victory in 2016, right? A hundred thousand -- we're not talking thought here. We're just talking about stuff not being done right.
So, what is a naked ballot? Well, you know what, I didn't know until I saw this. So, let me explain.
The actual mail-in ballot is there on your screen on the left. That's a picture of one from Philadelphia. So, once it's filled out a voter is supposed to put it in what is called a secrecy envelope and then take the secrecy envelope and put it into a larger envelope, and that's the one you mail back.
The state Supreme Court says that if a ballot is naked, which means you take that ballot and put it in the mailing envelope and you don't put it in that other little intermediate envelope, the secrecy envelope, then your vote does not count.
OUTFRONT now, Democratic Lieutenant Governor of Pennsylvania, John Fetterman.
And I appreciate you being with me, Lieutenant Governor.
So, I just tried to explain that simply for people to understand, 100,000 ballots potentially being tossed out. Obviously, that is more than double Trump's margin of victory in 2016.
How big of an issue do you think this could be?
LT. GOV. JOHN FETTERMAN (D), PENNSYLVANIA: I think it's an issue, and it's certainly something that we're aware of, and I think it would respond well to voter education and voter outreach to make sure people understand. But people aren't talking about a couple of the other Supreme Court decisions that were actually very favorable for enfranchisement, and that is the fact that the deadline was extended three additional days, as well as mail drop boxes are now legal as well too.
So, there's -- there's a lot on the good side that came down from that Supreme Court decision here in Pennsylvania. Again, not to diminish the naked ballot issue. BURNETT: So, and the reason I bring up the naked ballot issue when I
saw lieutenant governor was just that I hadn't heard of it. And, obviously, I don't live in Pennsylvania, but, you know, we're all in unchartered territory. With all these people doing mail-in voting, there's a lot of things that no one has heard of in their individual state that may end up being relevant, right?
In 2000, nobody had heard of a hanging chad, right, until it became the center of the entire, you know, who was going to win the White House.
Are you worried, you know, in your heart of hearts, that there's something else you don't even know about that could become an issue in the election? Again, I'm not necessarily talking about fraud. I'm talking about just mistakes and things that are going to lead people to have their votes not counted and not know if the vote is what the real vote should be?
FETTERMAN: Of course. I want to be clear, I don't agree with that naked ballot ruling. But we've got a couple other rulings from the Supreme Court that are actually very favorable in terms of voter enfranchisement that are going to I think more than compensate for any of those naked ballot losses.
I think the most important thing to realize is that we have mail-in -- vote by mail in Pennsylvania. We're grateful for that. And during a pandemic, that's a safe way.
Everybody agrees on the ground in Pennsylvania that it's going to be safe and that the results can be trusted. Anyone that says anything to the contrary has an agenda other than just making sure that we find out where Pennsylvania is at, because Pennsylvania's going to pick the president. And, of course, both campaigns realize that.
But the fears about mail-in voting here in Pennsylvania are unfounded based on -- in terms of accuracy.
BURNETT: So, you feel confident you're going to get -- you're going to a real number. It's not going to be dragged out for weeks of all kinds of fights of who wins and what counts? You feel confident?
FETTERMAN: I'm confident -- I feel good that we're going to get a result that is true and is reflective of the democratic will of Pennsylvania's voters. Now, that's not to say there cannot be misinformation from other parties saying other things. But the truth of the matter is the vote by mail legislation in Pennsylvania was a Republican-led initiative. More Republicans in Pennsylvania voted for it than Democrats. So, anyone that, again, is saying that it's subject to fraud is being disingenuous.
BURNETT: All right. Lieutenant Governor, I appreciate talking to you. I look forward to talking to you again soon. You know, it's nice to see you again, all right?
FETTERMAN: Yeah, always. Thank you. BURNETT: And next, Joe Biden not taking the bait on Democrats calls
to pack the court. What's his strategy? We're going to talk to his close ally, adviser, Congresswoman Karen Bass.
And a state of emergency in Louisville tonight, the entire city on high alert. We are currently awaiting word of possible charges in the police shooting death of Breonna Taylor this hour.
(COMMERCIAL BREAK)
[19:48:31]
BURNETT: Joe Biden dodging President Trump's demand that he release his own list of potential Supreme Court nominees and deflecting when asked if he would expand the size of the court if he's elected president amid growing calls from the left and some members of Congress.
(BEGIN VIDEO CLIP)
JOE BIDEN (D), PRESIDENTIAL NOMINEE: It's a legitimate question. Let me tell you why I'm not going to answer that question.
UNIDENTIFIED FEMALE: OK.
BIDEN: Because it will shift all the focus. That's what he wants.
Let's say I answer that question. Then the whole debate is going to be, well, Biden said or didn't say. Biden said he would or wouldn't.
(END VIDEO CLIP)
BURNETT: OUTFRONT now, Congresswoman Karen Bass, chair of the Congressional Black Caucus.
Congresswoman Bass, you know, it does seem at this point that, you know, barring something that we don't yet see in the confirmation process, President Trump is going to get his Supreme Court justice, you know, his third Supreme Court justice in four years. But Biden is not saying really what he would do about it if elected president.
What's behind that strategy?
REP. KAREN BASS (D-CA): Well, I mean, I think he was pretty clear. I think that the president and the Republicans are going to use every minute of the day talking about the Supreme Court so that they don't have to talk about the 200,000 Americans that have died, and so, that they don't have to talk about one of their major motivations around the court, which is to wipe out the Affordable Care Act while we're in the middle of a pandemic.
So, I think it makes perfect sense not to get off track, keep them focused, because that's all that we do.
BURNETT: So, Senate Majority Leader Chuck Schumer has said that if the Senate Democrats win the majority, that everything is on the table in terms of the Supreme Court.
[19:50:07]
Jerry Nadler, chairman of the Judiciary Committee in the House, your committee, saying Democrats should expand the court, coming out directly and saying that's what he wants to do.
And, obviously, that's a really big deal, right, but it is something that is now popular on the left of your party, and might fire up the base. Is Biden missing an opportunity to do that or do you think he's doing the right thing by refusing to sign on to such an endeavor?
BASS: I think he's absolutely doing the right thing and I do think that there's a couple of other options. You know, I'm one that supports D.C. statehood, for example.
So, I don't -- I don't think it would make any sense at all for him to talk about expanding the court or anything else. We need to keep the eye on the ball which is health care and the 200,000 people that are dead.
I mean, it's really a shocking number. I think that flags should have been -- I mean, there should have been something from the president -- acknowledging the deaths.
The only thing he said was, it's a shame. That's pretty pathetic, but we do know that he's not capable of showing empathy even for losing 200,000 Americans.
BURNETT: And he obviously did not choose to do that today when he was only asked by reporters as we showed and said that, you know, his response has been excellent.
You know, I do want to ask you, though, in the House, Speaker Nancy Pelosi over the weekend didn't actually rule out using impeachment, right, which is the second time as a tool to delay the confirmation process in the Senate.
And the president to your point, he seems to like that idea, right? I mean, for him, he's like I dare you. I dare you to do it.
Take a listen.
(BEGIN AUDIO CLIP)
TRUMP: I heard yesterday, if I do it, if I do it, they're going to impeach me. So, they're impeaching me for doing what constitutionally I have to do.
Here's the thing, we have -- and I think then we win the election, then we win all elections if they do that.
Now, they want to impeach me again if I nominate somebody as I'm constitutionally obligated to do to serve on the Supreme Court of the United States. Go ahead. I want them -- I want them to do that.
(END AUDIO CLIP)
BURNETT: I think in this case he's actually that's honest. He does. He thinks it would work for him.
What do you think, Congresswoman? Should Speaker Pelosi take it off the table? Is it giving him the ability to distract?
BASS: Well, I saw several interviews with the speaker and what I heard her say very clearly is that she has and we have a number of arrows in the quiver. I did not hear her be specific about any of them, and I do agree that impeachment he would use to gin up his base, and I think if we sent articles of impeachment to the Senate, they would dismiss it out of hand, which is practically what they did the first time.
I mean, you would have thought that today, a moment of silence or some kind of tribute would have been done to all of the lives that are lost.
BURNETT: All right. I appreciate your time, Congresswoman. I saw those flags, of course on the Mall. As I said, they give you goose bumps looking at them to honor those who have died. I thank you.
BASS: Thank you.
BURNETT: And next, Louisville, Kentucky is on high alert at this hour. Buildings boarded up. Nearly the entire police force on call, the city awaiting possible charges on the Breonna Taylor shooting.
(COMMERCIAL BREAK)
BURNETT: Tonight, Louisville, Kentucky, and its entire police force on high alert, declaring a state of emergency. The city on edge, awaiting the state attorney general's announcement about whether any of the officers, any of the officers will be charged in the shooting of Breonna Taylor.
Authorities in Louisville restricting access to the downtown area, bracing for that decision which could come at any moment.
Jason Carroll is OUTFRONT.
(BEGIN VIDEOTAPE)
JASON CARROLL, CNN NATIONAL CORRESPONDENT (voice-over): Louisville on high alert, a state of emergency declared. Streets closed and while the city is not on lockdown, that's not how it feels to some of those who work and live here.
UNIDENTIFIED FEMALE: This is unnecessary. They come out in riot gear when we protest, peaceful protest they come in riot gear.
UNIDENTIFIED MALE: I want to be safe and I want others to be safe, too. But, yo9u know, I don't think it a good idea for guys to come out and do stuff to other people's property. CARROLL: Downtown businesses boarded up or closed, streets leading to
Jefferson Square Park, the site of the Breonna Taylor memorial and gathering place of demonstrators close to cars.
ROBERT SCHROEDER, LOUISVILLE INTERIM POLICE CHIEF: The following steps were put in place both to protect the public and to facilitate First Amendment activities.
CARROLL: Protesters were demanding the officers involved in Taylor's death be prosecuted, say all of the precautions are creating a sense of unease so says Pastor Timothy Findley, who has organized past demonstrations including one that led hundreds to peacefully protest outside Churchill Downs during the Kentucky derby early this month.
PASTOR TIMOTHY FINDLEY, PROTEST ORGANIZER: We have not had the level of protests that I think would demand those kinds of preparations and I think it's very, very provocative.
CARROLL: Adding to tension, an email sent today by Jonathan Mattingly, one of the three officers that served the no-knock warrant when Taylor was killed. The email sent to his police colleagues and first made public by Vice News calls protesters thugs and he writes that he and the other officers in the Taylor raid, quote, did the legal, moral and ethical thing that night.
Mattingly who is on administrative leave wanted to support police during a difficult time saying, we aren't better than anyone. This is not us against society but it is good versus evil.
Mattingly's attorney confirmed to CNN his client sent an email, no mention of Taylor by name in the lengthy email.
Last week, the city agreed to pay a $12 million civil settlement to the Taylor family and agreed to changes in police policy, including commanders approving search warrants before it goes to a judge seeking approval. But in the eyes of Taylor's mother, true justice comes when all of the officers involved that night are criminally charged.
As for the protests, here is what she told us during our interview late last month.
TAMIKA PALMER, BREONNA TAYLOR'S MOTHER: I think there will be protests every day until justice is served.
CARROLL (on camera): And if justice is not served?
PALMER: I don't know. I just -- I hate to even think about that.
(END VIDEOTAPE)
CARROLL: And, Erin, I've been in contact with one of the organizers of the protestors. He says there's been nothing sort of formally planned in terms of what happens after the grand jury reaches its decision. He says all that's going to depend upon what the decision is and the timing of that. Also tonight, the mayor released a video statement saying he still has
no idea in terms of what the attorney general is going to do or say in terms of timing in terms of that grand jury -- still waiting for that. He says whatever happens with the grand jury, the city will get through it together -- Erin.
BURNETT: All right. Jason, thank you very much as we await those charges any moment.
Thank you for joining us.
Anderson starts now.
