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Erin Burnett Outfront

In Blow To Trump, AP Finds Rampant Voter Fraud Nearly Nonexistent; Jan 6 CMTE Probe: Rep. Jordan Behind Key Text Message To Meadows Outlining Legal Theory On Certifying 2020 Election; "Perfect Storm": Health Officials Fear A Rise In Omicron, Delta And Flu Cases Could Overwhelm Health System; Manchin Tells CNN Why He And Biden Are At Odds Over Agenda; Manchin Tells CNN Why He And Biden Are At Odds Over Agenda; Dr. Oz Faces Residency Questions In Race For U.S. Senate In Pennsylvania. Aired 7-8p ET

Aired December 15, 2021 - 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: You can always tweet the show @CNNSITROOM. And THE SITUATION ROOM, by the way, is also available as a podcast look for us on cnn.com/audio or wherever you get your podcasts. Thanks for watching. Erin Burnett OUTFRONT starts right now.

ERIN BURNETT, CNN HOST: OUTFRONT next, Trump's big lie decimated. Shocking new numbers revealing just how many potential cases of voter fraud were discovered in six crucial states during the 2020 election as we are learning new details tonight about one of the Republicans behind the text message sent to Trump's former chief of staff the day before the insurrection.

Plus, health officials calling it 'The Perfect Storm'. New modeling revealing just how fast the Omicron variant could spread in the United States.

And key testimony in the trial of the officer who shot and killed Daunte Wright. What a use of force expert said about using a taser on a driver behind the wheel. Let's got OUTFRONT.

And good evening. I'm Erin Burnett.

OUTFRONT tonight, widespread voter fraud in America, essentially non- existent. There is a major new study now blowing up Trump's conspiracy theories and his lies about the election one by one, number by number. The Associated Press did this. They actually went through month by months.

I mean, basically a year here, digging through the ballots of these six crucial battleground states. They investigated the discrepancies. And, look, all these states have had multiple audits and hand counts and all that and they found nothing. But the AP went ballot by ballot and what they found is stunning. Are you ready for this?

Of the more than 25 million votes cast in the crucial states of Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin, the AP found, drum roll, 473 potential cases of voter fraud. You can see the number of cases right there on your screen, 64 in Georgia, 26 in Pennsylvania, 31 in Wisconsin, 473 in all. That is less than point 0.002 percent of the votes cast in those states. That is a far cry from the amount of votes needed to make a difference in the 2020 election. And yet these are the very same states that we heard this about from Trump.

(BEGIN VIDEO CLIP)

DONALD TRUMP, FORMER PRESIDENT OF THE UNITED STATES: If you look at Nevada, which is moving along very rapidly or Arizona, you saw those numbers come out yesterday, we found massive fraud.

Right here in Georgia, there were 10s of thousands of illegal votes cast and counted. You know that.

In Michigan, a tremendous number of dead people that voted.

In Pennsylvania, there were 205,000 more ballots cast than they were voted. In Wisconsin, over 90,000 ballots were illegally harvested.

(END VIDEO CLIP)

BURNETT: I mean, this is incredible, 90,000 in Wisconsin. There were 31, not 31,000, 31, 205,000 more votes than people in Pennsylvania, there are 26 possible cases of voter fraud, not even 26,000, 26, double digit number. Georgia, 10s of thousands of dead people, well, they've already debunked that. I mean, there was a handful, 64 possible voter fraud cases in all.

I mean, this is incredible, because people believe the stuff Trump is saying, a lot of people like millions of people. But the study by the AP proves in excruciating detail, the six words that you have heard a million times this year. There was no widespread voter fraud.

And we've seen those words from state after state. See them on your screen. Look at these headlines, citing Trump's former Attorney General Bill Barr had to say there was no fraud that would have impacted the results of the election. And yet we've had to say it again and again, we've had to put these modifiers on there, that there's no widespread fraud.

And frankly, it's really frustrated me. Because to me saying there was no widespread voter fraud, putting that adjective on there always felt like it implied there was plenty of it. It just wasn't widespread enough to impact. And it was really sinister how he even did that, having to say that, 0.002 percent, 473 possible votes out of 25 million cast and yet the malignant lie still metastasizes.

Look what is happening in some of those very same states. In Pennsylvania, today a court hearing to block Republican efforts to obtain the personal information of 9 million voters. They want names, dates of birth, personal Social Security numbers and they wanted to review the 2020 election.

And in Wisconsin, we told you yesterday about another top Republican election official slamming her own party for pushing yet another baseless investigation into election fraud. (BEGIN VIDEO CLIP)

SEN. KATHY BERNIER (R-WI): What has happened is with my colleagues from the pressure from Donald Trump is to only look at politics and not at policy.

[19:05:02]

This is a charade what's going on with this constant drumbeat of all the massive voter fraud.

(END VIDEO CLIP)

BURNETT: Thirty-one possible cases of voter fraud in Wisconsin. You heard the former president still ranting 90,000 more.

Tonight, we're also learning about one of the text messages sent to a man at the forefront of spreading these election lies, Trump's former chief of staff Mark Meadows. We're learning that Congressman Jim Jordan was behind this particular text sent to Meadows on January 5th that was read out today by the January 6 Select Committee.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: On January 6, 2021, Vice President Mike Pence, as President of the Senate should call out all electoral votes that he believes are unconstitutional as no electoral votes at all.

(END VIDEO CLIP)

BURNETT: Jordan sends that message which, of course, implicitly contradicts what he said and seven days later.

(BEGIN VIDEO CLIP)

REP. JIM JORDAN (R-OH): I've never said, as the Chairman indicated earlier, I've never said that this election was stolen.

(END VIDEO CLIP)

BURNETT: Well, if there's one thing unconstitutional here, it would be encouraging pence to refuse to certify the election results based on fraudulent claims of fraud. When the truth is there are 473 possible cases of fraud out of 25 million votes.

Ryan Nobles is OUTFRONT live on Capitol Hill tonight. So Ryan, what else can you tell us about just how involved Jim Jordan was in the pressure campaign to overturn the election and push all of these completely baseless claims of fraud?

RYAN NOBLES, CNN CONGRESSIONAL CORRESPONDENT: Well, Erin, tonight his office is downplaying this communication that he had with Mark Meadows on January 5th. This would be the day before the January 6th insurrection. They said that that text does not reflect Mark or Jim Jordan's words himself. And he instead was just forwarding on a legal theory from a former government lawyer who believed that the then Vice President Mike Pence had the ability to stand in the way of the certification of the election results and that there was actually much more to that text than what was revealed by the Select Committee on Monday during their business meeting.

But we've obtained the entire text and there really isn't anything more that is all that damning beyond what we saw in that first group of information that was released by the Committee. It's just more of an explanation as to why they believe this legal theory is valid and one that Pence should be pushing.

Now, there was also a Word document attached to it with more information about this legal theory. The point being here, Erin, is that maybe it wasn't Jim Jordan who came up with this idea, but he was certainly putting it in front of Mark Meadows who was one of the most powerful people in American government at that time.

BURNETT: Absolutely.

NOBLES: And someone who had a direct line to not only President Trump, but to Vice President Pence. And it's important to keep in mind that Jim Jordan has not been clear about the conversations that he had with President Trump on January 6th. He says he can't remember if you talk to him and if you did talk to him he doesn't remember what they talked about and he was recently just asked in a rules committee meeting, did he believe that Joe Biden won the election?

All he would say is that Joe Biden is president. He couldn't actually utter the words that Joe Biden won, Erin.

BURNETT: I mean, it is pretty incredible to say, oh, I don't remember if I talked to President Trump during the insurrection. It's absurd. All right. Thank you very much, Ryan. I appreciate your time.

So I want to go now to Al Schmidt, the Republican City Commissioner of Philadelphia and Dana Bash, our Chief Political Correspondent and Co- Anchor of STATE OF THE UNION.

So Dana, let me just start with Jim Jordan, obviously, a top Republican member of Congress. He has been incredibly vocal on this issue, election issue. And he sends a text to Mark Meadows a day before the deadly insurrection that then-Vice President Pence should toss out electoral votes that he doesn't think should count. You see this happening. I mean, this was very specific, they're pushing this idea. They're pushing this entire thing.

DANA BASH, CNN CHIEF POLITICAL CORRESPONDENT: Right. And what Ryan was just talking about that Congressman Jordan's office is saying, well, that's just one bit of the larger text of the larger document. The larger document in the broadest of context. It doesn't change anything. He's still pushing the idea fraudulently, that the election was stolen.

And as Ryan said, trying to get it in front of his very, very good friend, former congressional colleague, then the White House chief of staff. But the thing to keep in mind, the fact that - never mind that if you wrote it or not, he's still pushing that information. Let's just be clear about that.

BURNETT: Right.

BASH: But then we don't know, Erin, what else he was doing. We don't know the phone calls he was making. We don't know - not just to the White House, but was he involved in any of the preparation, were people talking to him? These are questions and not just him, other members as well. And these are also questions in addition to the first and most important question about the about the president it is whether or not there were sitting members of Congress who helped from within.

[19:10:08]

That is something the January 6 Committee is looking at.

BURNETT: Yes. And I know this has been a question that has come up again and again. Al, it comes as this AP analysis confirms what you have stood up and courageously said for a year. Now, you would think you don't have to be courageous to say that 473 possible cases of voter fraud are not significant out of 25 million votes. But it is an incredibly courageous thing to do in the Republican Party right now.

So when you hear Pennsylvania, the former president, as you know, went out there and still repeatedly talks about fraud 205,000 cases is what he implies. The AP report found 26. Twenty-six, two-digit number. What is your reaction to that, given what you've been through, given what the President said?

AL SCHMIDT, (R) PHILADELPHIA CITY COMMISSIONER: Well, the AP report is consistent with my experience, as a Republican administrator of elections in a city as big as Philadelphia. We have taken cases of voter fraud very seriously. We've investigated them and when warranted, refer them to law enforcement.

In each and every case, it involves nothing more than a handful of votes. That doesn't mean they shouldn't be investigated. It doesn't mean that they shouldn't be prosecuted. But the truth is that voter fraud is very difficult to commit and very easy to detect.

BURNETT: And that's crucial. That's what people need to understand, because as part of this, I think there's been the sinister belief that neither one of those things are true, that it is common and it is easy, when in fact, both are false.

And Dana, we played the former president there talking about the very same states that the AP investigates. But he's doing it now. Here are just a few examples of what he is still saying now as recently as this weekend, when he's talking about Vice President Pence. Here he is.

(BEGIN VIDEO CLIP)

TRUMP: Mike should have sent those crooked votes back to the legislatures to approve and you would have had a different result in the election in my opinion.

The election was rigged, and were stolen.

Mail-in ballots are a disaster. They basically use COVID-19 or the China virus to rig the election and it's a shame.

(END VIDEO CLIP)

BURNETT: Dana, this is what he's saying now. Now. When I talk about metastasizing, that's what it is.

BASH: Yes. No, it's true. And you heard Al talking about what really happened on the ground in a city like Philadelphia. I went to Arizona, I went to Georgia, two of the states that were in the AP study, talked to now former officials, people who were pushed aside as election officials and people who are in the legislature, Republicans changing the laws because of the pressure that is coming from within, from their constituents because of the comments that you just played from the former president.

It is insidious and just because, unfortunately, the Associated Press did this remarkable, remarkable reporting, it doesn't necessarily mean they're going to be able to convince those people who the former president has believing this huge lie.

BURNETT: It is incredible and I think you're right to use the word. I mean, it is remarkable reporting. It's so important.

Al, it comes in the context of something I mentioned at the top of the program today, there was a hearing. Republican lawmakers in your State are seeking this audit to look back at 2020 and they're asking for access to personal information for 9 million voters in Pennsylvania.

You say this could actually enable voter fraud instead of fighting it, tell me why.

SCHMIDT: Yes. That's what's really very perverse about so much of this and what's so very dangerous about it. In order to commit voter fraud in order to request, for example, a mail-in ballot and receive a mail- in ballot, you have to have some personal information. You have to have a Social Security number or driver's license number. And that's included at the information that the Pennsylvania legislature is currently requesting, if they receive that and if they provide it to some third party, whatever the equivalent of the Cyber Ninjas would be in the Commonwealth of Pennsylvania, then that is a real danger.

If that information is released, it would far from preventing cases of voter fraud, it would make it far easier for people to commit it.

BURNETT: Which is an incredible context and they say walk around the statue and look at it from every angle, that is an angle people need to hear and see. Al, Dana, thank you both so very much. I appreciate it.

BASH: Thanks, Erin.

BURNETT: And next, the CEOs of two major airlines now questioning the need for masks while flying. [19:15:01]

(END VIDEO CLIP)

GARY KELLY, CEO, SOUTHWEST AIRLINES: I think the case is very strong that mask don't add much.

(END VIDEO CLIP)

BURNETT: Plus, the billionaire versus the millionaire. Tesla's Elon Musk and Sen. Elizabeth Warren now in the midst of a heated war of words tonight getting very personal.

And crucial testimony in the trial of the officer who says she confused her taser with her gun when she killed Daunte Wright. What a renowned use of force expert testified to the jury today.

(COMMERCIAL BREAK)

[19:19:06]

BURNETT: Tonight, the perfect storm. That's what U.S. health officials are calling a potential health crisis in January. New modeling data shows the Omicron variant could double cases every two days, compare that with the rising Delta variant cases and the flu, hospitals could quickly become overwhelmed.

It comes as new data from Moderna shows that a third booster shot is more effective against fighting Omicron. But as of tonight, only 17 percent of the country is fully vaccinated and boosted.

OUTFRONT now is Dr. Peter Hotez. He's the co director of the Center for vaccine development at Texas Children's and Dean at the Baylor College of Medicine. So Dr. Hotez, I appreciate your time. And we're hearing the alarm sounded over the Omicron variant, how fast, when you talk about doubling every two days, okay, we all now have been sort of aware of the law of exponential numbers, but how fast will this surge hit us?

[19:20:01]

DR. PETER HOTEZ, PROF. & DEAN, NATIONAL SCHOOL OF TROPICAL MEDICINE, BAYLOR COLLEGE OF MEDICINE: Erin, when we knew that Omicron was going to be a problem in the United Kingdom for both the Alpha variant and the Delta variant, we had about a four to six week window, before that big rise in the U.K. translated over to - across the Atlantic to the U.S. Now, it's happening over a couple of weeks.

So what it means is that in the past, we might have thought that means that we're going to see the big surge starting in - middle of January maybe into February, now it means around Christmas. This is how rapidly this is accelerating. And it was really sobering to hear the CDC Director, Dr. Walensky, say yesterday that already 13 percent of the virus isolates that they're doing genomic sequencing on in New York and New Jersey are Omicron less than other parts of the country. So this thing is really heating up and really accelerating. And so, therefore, I think we should expect by around Christmas, we're going to see a big uptick in Omicron cases and potentially, it could be the dominant variant, even outpacing Delta by early January.

BURNETT: So the U.K. confirmed a record number of cases since the start of the pandemic due to the Omicron. And there are some out there and, obviously, there's a lot we don't know and a lot of factors at play. But there are a lot of people out there hoping, oh, but it's going to be less severe. Now, obviously, if it's more transmissible and less severe, you could have more death, but people are kind of hoping on that last severity argument. I wanted to play in that context this warning from the U.K.'s Chief Medical Officer.

(BEGIN VIDEO CLIP)

PROFESSOR CHRIS WHITTY, CHIEF MEDICAL OFFICER FOR ENGLAND: There's a danger people have over interpreted this to say this is not a problem and what are we worrying about. I want to be clear, I'm afraid this is going to be a problem.

(END VIDEO CLIP)

BURNETT: What's your view on this issue of severity and transmissibility?

HOTEZ: So out of South Africa, Erin, they reported about a 30 percent decrease in hospitalizations from what they would have expected based on the number of cases. But there's no guarantee that that's going to be the same in Europe or the U.K. and no guarantee it's going to be the same in the United States.

And each new variant has, as I often like to say, it has its own little shop of horrors. And in the case of the Omicron variant, here's what I'm worried about, one is it's so transmissible. Second, it does have that immune escape property. And even with the third immunization, which gives you a big bump in virus neutralizing antibodies, it helps in an enormous amount, but it's still about 70 to 75 percent protective against symptomatic illness, according to the U.K. Government from what they've seen so profit so far.

So we will see breakthrough symptomatic illnesses and that's problem number one. Problem number two, I'm worried about the impact if there's a big surge also on our hospital staff, maybe because of community transmission. So it's going to mean that a number of our healthcare providers are also going to get sick.

So you're going to have this combination of a surge on our hospitals and the fact that our workforce may be partly depleted. And that combination could be really very serious for the country.

BURNETT: Incredibly so and then I just played coming into our commercial break one of the CEOs of major U.S. airlines, Southwest and American Airlines are - both CEOs are expressing questions about whether masks work and they both testified this afternoon on Capitol Hill. Here's what they said about the need for mask on planes right now.

(BEGIN VIDEO CLIP)

KELLY: I think the case is very strong that mask don't add much, if anything, in the air cabin environment. It's very safe and very high quality compared to any other indoor setting.

UNIDENTIFIED MALE: Mr. Parker?

DOUG PARKER, CEO, AMERICAN AIRLINES: I concur. The aircraft is a safe place you can be.

(END VIDEO CLIP)

BURNETT: Do you agree?

HOTEZ: No. Well, first of all, we have to remember this Omicron variant which is likely going to be the dominant variant in the northern hemisphere very soon, maybe globally as much more transmissible. We do have studies. We have the National Academy of Sciences looked at this at the early part of this year in a large meta analysis, clearly showing that masks have an impact.

We have a large study out of Bangladesh for both Stanford and Yale showing a big impact. And we don't have a lot of tools against Omicron right now. We have a vaccine with a third dose that's good, but not as strong as it was with the other variants and masks. And so if you take that off, I can guarantee you, we're going to have a lot of transmission in the airlines if you go without mask as we move into the Christmas holidays and into the winter.

BURNETT: All right. Dr. Hotez, thank you very much. I appreciate your time.

HOTEZ: Thank you.

BURNETT: And next, a blow to President Biden from his own team.

[19:25:00]

Why Democrats are preparing to punt his massive spending bill to at least next year?

Plus, new tornado watch is in effect at this hour affecting millions across this country, dangerous line of storms moving across the Midwest again, tracking several reports of tornadoes on the ground.

(COMMERCIAL BREAK)

[19:29:14]

BURNETT: Breaking news, CNN speaking to Sen. Joe Manchin as we learned he is at a standstill with President Biden over the Democrats' massive $2 trillion spending bill. Sources telling CNN that Democrats are preparing to push the bill, a key part of Biden's agenda to next year. They had won at this past as - back in September. Manchin continues to raise concerns about the cost of the bill.

Manu Raju is OUTFRONT live from Capitol Hill. And Manu, you just spoke with Senator Joe Manchin, what did he tell you?

MANU RAJU, CNN CHIEF CONGRESSIONAL CORRESPONDENT: Yes. He made very clear that he is still at odds with the White House over the size and the scope and in so many of the details. And the changes that he is suggesting would require wholesale changes to this bill that has been negotiated and negotiated for months and months and months, but still will require much more to get his support.

[19:30:01]

One of the big things here is that he is making clear to me and he also made this clear to the President that the overall price tag for him needs to be $1.75 trillion over a decade. Now, that is, of course, a lot of money that would include a lot of things but what he is concerned about, in particular, is temporary spending. Programs that would last for a year, three years, or five years in the bill. He said they should be extended up to ten years to show the public the true cost of the bill, and extend it up to ten years, if it exceeds that $1.75 trillion top-line number, then maybe some of these other programs need to be sacrificed.

Now, central to all this is the child tax credit. That is a big component. Something that Joe Biden is pushing very hard. There is a one-year extension in the Democratic proposal. But Manchin says if you are going to do it, make it ten years and that is complicating the calculus.

So, just moments ago, I asked Manchin if you are concerned about the one-year extension now, you could have the chance to vote against another extension down the line. But he made clear he believes the public needs to see the full cost.

(BEGIN VIDEO CLIP)

SEN. JOE MANCHIN (D-WV): I want to make sure that we're transparent with the public.

RAJU: You don't believe that child tax credit (INAUDIBLE): Well, it could blow up the price tag.

MANCHN: Well, that's a big one. That's a big one. It really is. But the president, I am going to try to work with him. I really am.

(END VIDEO CLIP)

RAJU: So, he is suggesting a whole number of priorities need to be changed, need to be ultimately negotiated. But, of course, Erin, this is a bill that passed the House after months and months of negotiation. All the different factions, ultimately, got behind this.

But in the Senate, a much different situation because one senator could derail this entire agenda and because, in large part, where Manchin is, this agenda will have to wait until next year and can it get to the president's desk? Still an open question -- Erin.

ERIN BURNETT, CNN HOST: All right. Thank you very much, Manu, with that exclusive reporting.

I want to go now to Larry Summers, because he was the treasury secretary for former President Bill Clinton and director of the National Economic Council under President Obama.

So, Secretary Summers, the child tax credit -- I mean, there -- there is lots of examples in this bill of things that are not going to last ten years, even though Democrats are very open that they want them all to last ten years, right? But they -- they created the bill such that they did because that's what their pay-fors would pay for to only have a couple hundred billion dollar deficit.

So the child tax credit that Joe Manchin brings up. That is in the bill for one year. Nobody expects it to be a one-year thing. Everybody expects it to get extended and extended and extended. Manchin insists they need to be honest about the cost of it and put it in the timeframe they want to be transparent to the public.

Do you agree with Manchin that the White House should be looking more, you know, frankly about the real costs here?

LARRY SUMMERS, FORMER DIRECTOR, NATIONAL ECONOMIC COUNCIL UNDER PRESIDENT OBAMA: Look. I think everybody should understand if we want to have all the things in the bill, we are going to have to raise taxes again at the end of the year to extend the child tax credit. Otherwise, we're going to have to scale back the child tax credit at the end of the year. No one should be confused about that. No one should think that the current set of pay-fors is going to provide the current set of programs out for a decade. Senator Manchin is entirely right about that.

I don't think the administration denies that. I think the administration believes that we should see what these programs are like, and then we should allow a future Congress to make a decision. And the decision should either be that we don't want to continue the program, or that we are going to pay for the program.

My hope would be that they could find some way of absolutely ensuring that the program won't be extended without paying for it. Some kind of procedural device inside the Congress that would make it impossible or essentially impossible to extend the programs without paying for them.

President's been very clear on his commitment, that he doesn't want to increase the deficit to do any of this. And I think Congress should find a device with Senator Manchin that will enable that to take place.

BURNETT: So, you know, you have been pounding the table, Secretary, that inflation is a big problem, and saying that the Fed is not acting quickly enough. So, you know, separate from the issue, with Senator Manchin, the build back better. The Federal Reserve today came out and said they are setting the stage for some interest hike -- rate hikes next year, which would still keep rates incredibly low but in the context of the world we are in now, they would go up.

They acknowledged publicly that inflation is not transitory or temporary. Here's Jerome Powell today.

(BEGIN VIDEO CLIP)

JEROME POWELL, FEDERAL RESERVE CHAIR: These problems have been larger and longer lasting than anticipated, exacerbated by waves of the virus.

[19:35:03]

As a result, overall inflation is running well above our 2 percent longer run goal and will likely continue to do so well into next year.

(END VIDEO CLIP)

BURNETT: So, just to be clear, secretary, well above 2 percent inflation is a massive understatement, right? I mean, just in the most recent numbers, monthly, right, it's more than three times greater than that, right? That's more than well above. Powell went on to say as -- though about the Fed actions, quote, I wouldn't look at it that they're behind the curve.

Would you look at it that way?

SUMMERS: I would. I would look at it that they were behind the curve and that they tried to move to catch up today. The market rendered a verdict. Expected inflation as judged by the market went up, not down, after their action.

That says to me that they have got a long way to go. If you look at it, real interest rates fell by 2 percentage points from the beginning of last year when the unemployment was in the 8 percent range and inflation was in the 2 percent range, to the beginning of this year, when we had epic job shortages and really high inflation.

BURNETT: Yeah.

SUMMERS: The least we should be thinking about is reversing that change in real interest rates and that's going to require substantially more than what the Fed held out as a prospect today.

BURNETT: One final question I want to ask you about because you have been in the midst of the political melees over the years. Right now, Tesla's CEO, Elon Musk, and Senator Elizabeth Warren are fighting over all these tax policies. Musk was musk "Time's" Person of the Year. So, that upsets Senator Warren, who tweeted, let's change the rigged tax code so the person of the year will actually pay taxes and stop freeloading off of everyone else. Musk fires back, of course, he pays more taxes than anyone in the country in some way and says you remind me of when my friend's angry mom would just randomly yell at everyone for no reason. He called her Senator Karen, which is the slang to describe an angry white woman and said I will pay more taxes than any American in history this year.

What do you say to this?

SUMMERS: I kind of wish they'd both grow up a bit. And take the temperature down. I don't think there is any question that Elon Musk has made huge contributions to the country with his entrepreneurship. He's an enormously positive force.

And sometimes, when I listen to Senator Warren, I think that she wishes we didn't have entrepreneurs like that. And I certainly think that is a huge error.

On other hand, do I think that we could reform the tax code so that the wealthy were paying a larger share of their taxes and fair ways? Yes, I think we could. If Elon Musk leaves -- leaves his Tesla stock to his children, capital gains is never going to be paid on that. That is surely wrong, and surely ought to be fixed. And from that perspective, Senator Warren's emphasis on fairness is, I think, warranted.

So I think there is a middle ground if we could both -- if we could take the temperature down but, God, I wish the kind of dialogue that you emulate on this show -- rational, serious discussion, trying to understand the issues -- I wish we could see more of that between Elon Musk and Senator Warren.

BURNETT: All right. Secretary, thank you so much. I really appreciate your time and a quick food for thought for people what he is talking about there in terms of capital gains taxes, that is not at all being talked about in a lot of tax structures out there, right? Maybe, we do need more substantive conversation about that.

OUTFRONT next, a renowned use-of-force expert takes the stand in the trial of the officer who shot and killed Daunte Wright. Does he believe Officer Kim Potter's actions were justified?

Plus, Dr. Oz, longtime resident of the state of New Jersey, running for U.S. Senate in the state of Pennsylvania. Do voters care?

(COMMERCIAL BREAK)

[19:42:45]

BURNETT: Tonight, a key witness testifying in the Kim Potter trial. A use-of-force expert, Seth Stoughton taking the stand. He also testified in the Derek Chauvin trial and says based on his analysis of the body cam video in this case, potter should not have pulled what she thought was her Taser on Daunte Wright.

(BEGIN VIDEO CLIP)

SETH STOUGHTON, USE OF FORCE EXPERT: The use of a Taser under the circumstances was unreasonable and inconsistent with generally accepted practices. If it was successful in achieving neuromuscular incapacitation, it created the potential to turn the vehicle into an unguided hazard.

(END VIDEO CLIP) BURNETT: Potter, of course, says she mistakenly pulled her gun instead of her Taser during the fatal traffic stop in the spring.

Adrienne Broaddus is out front.

And, Adrienne, this was a huge moment for the prosecution tonight it seems like.

ADRIENNE BROADDUS, CNN CORRESPONDENT: A big moment, indeed, Erin. This is their major witness. Everything we've seen leading up to today almost built toward this testimony from the use of force expert. Here we are, one week after testimony in this Kim Potter manslaughter trial started, we hear from the use-of-force expert. As you mentioned, the same use-of-force expert who testified in the trial of Derek Chauvin.

Now, early on, he said he told members of the jury he believes Potter intended to pull her Taser, essentially, agreeing with the argument made by the defense. But that's not the crux of the case. As you just heard him mention, he said using a Taser under these circumstances was inappropriate and excessive.

And on cross-examination, he further explained. Listen in.

(BEGIN VIDEO CLIP)

STOUGHTON: The fact that they had identified him and had his address is a relevant consideration in balancing the threat of escape or evasion.

EARL GRAY, DEFENSE ATTORNEY: If he attempted to escape, what should the officers have done?

STOUGHTON: Use reasonable force to prevent the escape.

GRAY: And did they do that when they were trying to stop him from escaping?

STOUGHTON: I -- are you asking me in this case?

GRAY: Yeah.

STOUGHTON: No. But the point of using deadly force, no, as I testified that was excessive and unreasonable, inappropriate, and inconsistent with generally accepted police practices.

(END VIDEO CLIP)

[19:45:04]

BROADDUS: Erin, a stark contrast when you compare the testimony from the use-of-force expert today to that from the other officers who testified saying they believe Potter was justified in using deadly force. And it's something members of the jury noted. They were taking notes throughout his testimony, as well as the testimony from the other officers. Yesterday's testimony was a bit dry. We saw document after document

and information about Taser use. But that dry testimony built up to what we heard today. We also learned members of the Brooklyn Center Police Department signed a waiver removing the manufacturers of the Taser from any liability if something were to happen -- Erin.

BURNETT: So, Adrienne, the prosecution I know just called Daunte Wright's father as its final witness tonight. What was it like hearing from him?

BROADDUS: Emotional testimony from him. Often, swallowing his tears after the prosecution showed him a photo inside of their home with his son Daunte Wright. He said he misses his son a lot. He even talked about Daunte's son, his grandson. And talked about the meals they shared.

This was the prosecution's attempt, after all that technical testimony, to humanize Daunte Wright -- Erin.

BURNETT: All right. Adrienne, thank you very much, covering this trial.

And next, Dr. Oz owns a home in New Jersey but running for Senate in Pennsylvania, so how do voters feel about that?

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Well, if he is from New Jersey, why is he running, you know, in Pennsylvania?

(END VIDEO CLIP)

BURNETT: Plus, we are tracking multiple reports of tornados again in the Midwest tonight. Reports of a building collapse in Kansas. Breaking details, ahead.

(COMMERCIAL BREAK)

[19:50:56]

BURNETT: Tonight, celebrity Dr. Oz facing growing questions about his residency as he campaign for Senate in Pennsylvania, despite owning a mansion in New Jersey. These high stakes race testing whether voters put party loyalty above, well, someone really truly lives in their state.

Eva McKend is OUTFRONT on the ground with tonight's "Inside Look".

(BEGIN VIDEOTAPE)

EVA MCKEND, CNN NATIONAL POLITICS REPORTER (voice-over): All politics is local but some candidates are putting that principle to the test by crossing state lines in search of elected office.

Take Pennsylvania, where the Senate Republican primary field is shaping up to include several candidates with loose ties to the Keystone State, including celebrity heart surgeon, Mehmet Oz, a long time resident of New Jersey.

JANE TURKEL, PENNSYLVANIA VOTER: I think he is a carpet bagger. He is from New Jersey. He should run in New Jersey.

BARBARA MCNUTT, PENNSYLVANIA VOTER: If he is from New Jersey, why is he running, you know, in Pennsylvania?

MCKEND: Oz declined an interview request for this story, but a campaign spokesperson told CNN he returned to Pennsylvania last year. In 2020, "People" magazine featured his Jersey mansion. He attended medical school in Philadelphia where he met his wife but only registered to vote last year using his in-laws address at a home in Montgomery County.

DR. MEHMET OZ (R), PENNSYLVANIA SENATORIAL CANDIDATE: Came home a year ago. It feels good to be back. I love this state. And I will represent it honorably.

MCKEND: But it's not just oz facing residency questions in the Pennsylvania GOP primary. There is Carla Sands, a former ambassador to Denmark, who recently lived in California. And businessman David McCormick considering a bid was born in Pennsylvania, but he's has lived in Connecticut for years.

Bucks County commissioner, Gene DiGirolamo, a Republican who was re- elected to the state legislature more than a dozen times, says he's never seen this many candidates with ties beyond the commonwealth eyeing a single Senate seat.

GENE DIGIROLAMO, BUCKS COIUNTY COMMISSIONER: All legitimately can run, come into Pennsylvania, declare residency, and be able to run. So, you know, this is the United States. But I am really wondering if this is not going to be the residency issue, a bigger problem than they anticipate.

MCKEND: But Chris Mundiath, who runs a Republican Latino advocacy group in the state, says voters in the primary animated by inflation and the border security debate are more worried about the candidates' conservative bona fides.

CHRIS MUNDIATH, REPUBLICAN STRATEGIST: I think what voters are going to be looking for are people who are going to fight against the Biden administration, who are going to fight for conservative principles. I don't think the carpetbagger thing is an issue at all.

MCKEND: St. Anselm College professor, Christopher Galdieri, who wrote the book on carpetbagging, says candidates parachuting into states they haven't lived in for years is not nearly as much of a deal breaker for voters as it was decades ago.

CHRISTOPHER GALDIERI, ST. ANSELM COLLEGE: Residency isn't always as important as we might expect it to be in large part because our politics are so polarized.

MCKEND: The potency of the carpet bagger charges could face several tests in next year's midterm elections. In Georgia, Republican Senate candidate Herschel Walker recently returned to his home state from Texas. Republican Senate candidate Kelly Tshibaka is facing questions about how long she's lived in Alaska. Former-Trump era interior secretary Ryan Zinke has faced repeated attacks he no longer fully lives in Montana where he is competing for a House seat. And former "New York Times" columnist, Nicholas Kristof, also under scrutiny as he seeks to become governor of his home state.

GALDIERI: Once upon a time if you were a carpet bagger candidate for office, you could expect to do pretty badly. These days, you are not necessarily going to win as a carpetbagger. But if you can win your party's nomination, people who belong to that party are probably going to vote for you simply because you are the representative of their party.

MCKEND: The Pennsylvania race could determine which party controls the Senate with the stakes so high by the time candidates get to the general election, voters may be driven more by party affiliation than how long someone has lived in the state they are seeking to represent.

[19:55:01]

MUNDIATH: Whoever the nominee is, I guarantee you the overwhelming majority of Republicans are going to support that candidate.

(END VIDEOTAPE)

MCKEND: Now, charges of carpetbagging is something both Democrats and Republicans have had to answer for for years. Some notable Democrats include former-Secretary of State Hillary Clinton and Robert F. Kennedy, both won and ran for Senate in New York. Clinton lived in Washington, Kennedy, from Massachusetts -- Erin.

BURNETT: Eva, thank you very much. Fascinating.

And next, multiple reports of tornados right now touching down days after dozens were killed by the last tornado outbreak. Details next.

(COMMERCIAL BREAK)

BURNETT: Breaking news. A new round of tornado outbreaks across the Midwest, again, tonight. Reports of at least ten tornados touching down already in Kansas City a roof collapse at the airport we understand. Air traffic controllers had been evacuated for winds. Tornado watches being issued right now as the string continues for parts of Minnesota, Wisconsin, Iowa, and Illinois, including the twin cities of Minneapolis and St. Paul.

The watch is in effect until roughly midnight tonight. Seven million people now under threat. Comes as President Biden tonight returns to the White House after touring the devastating damage from Kentucky's tornados. President calls the damage almost beyond belief.

Thanks for joining us.

It's time for Anderson.