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Erin Burnett Outfront

DOJ Weighs Prosecuting Fauci On Charges That Can Carry Prison Time; Intense GOP Push Underway To Get Defiant Rep. Miller Out of Race; Federal Judge Speaks Out About Death Threats After Trump Ruling. Aired 7-8p ET

Aired August 06, 2026 - 19:00   ET

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

[19:00:26]

BRIANNA KEILAR, CNN HOST: OUTFRONT next:

Breaking news, charging Fauci. That is what Trump's Justice Department is now considering after Senate Republicans just asked that he be held in contempt of Congress. But do they have a case?

Plus, quote, "step aside". More Republicans calling for one of their own, Congressman Max Miller, to go following serious domestic abuse allegations. But what do people think in his district?

And, death threats. A U.S. judge speaking out tonight after he and his family had been threatened after he ruled against Trump. That judge is my guest.

Let's go OUTFRONT.

(MUSIC)

KEILAR: Good evening. I'm Brianna Keilar, in for Erin Burnett.

OUTFRONT tonight, breaking news, Anthony Fauci's future now in the hands of Trump's Justice Department. Prosecutors now deciding whether to prosecute Dr. Fauci after a Senate committee voted to hold him in contempt of Congress. The former top public health official invoked his Fifth Amendment right more than 100 times during testimony about the U.S. government response to the COVID-19 pandemic.

And this afternoon, President Trump seeming to give his Justice Department marching orders.

(BEGIN VIDEO CLIP)

REPORTER: Do you think the DOJ should prosecute Dr. Fauci?

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: Well, you know, they prosecuted Peter Navarro and they prosecuted Steve Bannon, two very decent people, over something that essentially was never prosecuted before. And there are sort of telltale signs of similarity. So, when you see that happen, you sort of say maybe he should. What he did is far more serious than a lot of crimes. (END VIDEO CLIP)

KEILAR: Fauci invoked his Fifth Amendment right, citing the Republican chairman of the committee, Rand Paul, saying Fauci should be behind bars.

Remember, former President Biden gave Fauci a blanket pardon for exactly that reason. The two people who will ultimately push this case forward at DOJ are acting Attorney General Todd Blanche and D.C. U.S. Attorney Jeanine Pirro.

And Pirro is already on shaky ground after dropping the cases against multiple people accused of vandalizing the Lincoln Memorial Reflecting Pool. So, this could be a way for her to get back in Trump's good graces. And not only that, but for Pirro, this case could be personal. She's had it out for Fauci for years.

(BEGIN VIDEO CLIP)

JEANINE PIRRO, U.S. ATTORNEY FOR DISTRICT OF COLUMBIA: Dr. Anthony Fauci, the alleged knowing prince of all things COVID.

Fauci, I think the man is a totalitarian-dictator type.

Fauci is a liar. He's not in denial. He's a liar. This Fauci, we were bamboozled by him for far too long.

(END VIDEO CLIP)

KEILAR: Now, in a moment, I'll speak with former Trump White House attorney Ty Cobb.

But first, I want to go to Kristen Holmes. She is OUTFRONT live outside of the White House.

And Kristen, it certainly sounded like Trump supports the prosecution of Anthony Fauci. What are you learning?

KRISTEN HOLMES, CNN SENIOR WHITE HOUSE CORRESPONDENT: What the Department of Justice decides to do with that. We have seen the second term, President Trump and the Department of Justice really working together to go after a number of President Trump's perceived political enemies, which Dr. Fauci is certainly one of. We've seen him go after James Comey, Letitia James.

Now, not all of these charges have stuck. And as you mentioned, there are a lot of questions as to the legality of whether or not there's actually even a case there and that could be brought forward to the Department of Justice.

So, this is going to be not only a big political test as you laid out, but also a big legal test. Can they actually come up with a case as President Trump so clearly wants?

Now President Trump has really been at odds with Doctor Fauci since the COVID 2020 pandemic, but it was since he came back into office that you have seen those knives out. Just a reminder earlier this term, President Trump actually removed Fauci's government issued security, received a number of death threats, so he had security took away from Dr. Fauci saying he didn't need it anymore. And that was just the beginning of what we have seen with President Trump going after Fauci at every turn, ranting today.

And that kind of brief clip you played, that was probably the most tamed President Trump has been when it comes to Fauci that we've heard since the beginning of this term. So right now, a lot of eyes are going to be on the Justice Department, on both Todd Blanche and Jeanine Pirro, people already thinking, especially with Blanche, that this is a politicized, weaponized Justice Department. What are they going to do next?

KEILAR: Yeah.

Kristen Holmes, live first at the White House, thank you.

[19:05:01]

Ty Cobb is OUTFRONT.

Ty, the DOJ said it has received this criminal referral now from the Senate. They're reviewing it. Do you expect that they'll charge Fauci?

TY COBB, FORMER TRUMP WHITE HOUSE LAWYER: I do only because that as we know now that it's no longer the Department of Justice, it's the department of grievance and revenge and Trump's efforts to beat up on Pirro this week for having finally acknowledged the facts as opposed to further indulging his fantasy about what really caused the damage to the Reflecting Pool, has put her in a position where I think she's determined to follow his marching orders.

And we know Todd Blanche, having attempted to assist the president in looting the Treasury of almost $2 billion in immunizing him from further IRS review along with his family, is willing to do virtually anything the president demands.

So, I suspect the Department of Justice will indict Dr. Fauci. And I also suspect that a court will throw it out and that certainly that no jury would ever convict him.

KEILAR: So, I mean, to that point, why do you think there's not a real case against him? And do you think it was a mistake for him to take the 5th?

COBB: Oh, no, I think he absolutely did the right thing to take the Fifth. There is no question that Rand Paul wants him behind bars, that the Republicans want to exact some measure of vengeance with regard to Dr. Fauci, and that he did the absolute right thing. He was well- advised by his lawyer, who was a very good lawyer, David Scherler, to take the Fifth.

He took the Fifth. He's not -- he's not a lawyer, he's a doctor and his lawyer advised him to take the Fifth. I think it was the prudent thing to do and the correct thing to do and I think it's a complete defense to the charge of contempt.

Unlike -- unlike Bannon and Navarro, neither -- keep in mind, neither of them asserted the Fifth Amendment. They both asserted executive privilege, which was a fraudulent defense in both cases because the president had not asserted the executive privilege.

KEILAR: So I played a few minutes ago, Trump in the Oval Office saying that the Fauci case is similar to Steve Bannon and Peter Navarro, who were both charged and convicted for contempt of Congress, both going to prison. Is this case similar to those?

COBB: Not remotely. It's brought under the same statute, 2 USC Section 192, which is the contempt of Congress statute, but that's where the similarity diverges.

Fauci asserted the Fifth Amendment privilege, which is a constitutional privilege against having to testify. He showed up. Neither of them showed up, and they both argued that they were doing so at the direction of the president when it turned out there was no evidence that the president had actually asserted the executive privilege.

So, in both those cases where the defense was contrived, they were found guilty and served four months in jail. Dr. Fauci will never be found guilty, and it's quite likely the court would throw the case out.

KEILAR: We're now waiting for the Senate to schedule a full vote on Todd Blanche, the president's A.G. pick. And that could actually come tomorrow, but there's still a few Republicans who are holding out. Blanche needs them. Trump was asked today if he's going to lobby those holdouts, and here's what he said.

(BEGIN VIDEO CLIP)

TRUMP: I will lobby if I need to. I will lobby very, very diligently because he's outstanding. Anybody voting against him would be doing a great disservice to the country.

(END VIDEO CLIP)

KEILAR: Trump also said, quote, You're not going to find better than Todd Blanch. I mean, you've made it clear. You do not agree with that, but explain more why.

COBB: Well, I'm not sure why the president agrees with him. Todd Blanche got him convicted of 37 felonies. So, I think the reality is we have seen Blanche do things at the Justice Department that have never been done before in history.

They've lost almost 2,000 lawyers of competence and experience. They've hollowed out the department and demoralized it in a way that is shocking. They've rededicated a substantial portion of the attorneys at the department solely into immigration work, leaving us vulnerable to national security concerns, cartels, and international money laundering. And he's pursuing these revenge prosecutions against Comey and others.

So -- and that's, of course, on top of the slush fund and the IRS immunity that he unilaterally bestowed upon the president. So, he's clearly not qualified. You know, he appeals only to John Mitchell's heirs because they can now say that John Mitchell was no longer the least distinguished attorney general.

KEILAR: Do you think that this DOJ changes much in the way it operates going from, say, Pam Bondi to Todd Blanche?

TODD: Well, that transition has really already occurred. And keep in mind, Pam Bondi lost her job because she couldn't please Trump fast enough or effectively enough in terms of pursuing his enemies and airing out his grievances.

[19:10:04]

Blanche has kicked that into high gear and done everything that the president has asked of him and more. So, I think that transition is really already well underway. But I do think memorializing the decision to make Blanche attorney general, you know, further evidence is the cowardice of the Republican senators who violate their oath when they advise and consent on somebody who clearly is ethically unqualified.

KEILAR: Ty Cobb, thank you so much for being with us.

COBB: My pleasure. Thank you, Brianna.

KEILAR: OUTFRONT next, more Republican lawmakers calling on Congressman Max Miller to step aside -- want him to step aside.

Plus, He's getting death threats after he ruled against Trump, threats like this.

(BEGIN VIDEO CLIP)

VOICEMAIL: And I wish somebody would (EXPLETIVE DELETED) assassinate your (EXPLETIVE DELETED).

(END VIDEO CLIP)

KEILAR: That judge is my guest.

And a CNN investigation, the company the FDA links to the outbreak that is causing that parasite that causes explosive diarrhea has a history of being connected to other outbreaks.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: It's deja vu all over again. I sort of feel like we're on a repeat record.

(END VIDEO CLIP)

(COMMERCIAL BREAK) [19:15:48]

KEILAR: Breaking news, a growing number of Republicans calling for Republican Congressman Max Miller to go, this amid allegations which he denies that he abused his ex-wife Emily Moreno and their daughter. Emily's father is Republican Senator Bernie Moreno, who told CNN he sent his daughter and granddaughter out of state to a secure place until they feel safe to return home.

Tonight, Ohio's other senator, Republican Jon Husted, saying Miller should resign. saying, "I believe Max would be making the right decision to step aside as a candidate and resign from Congress to focus on what is in the best interest of his daughter."

Republican Senator Tim Sheehy also saying, quote, "This guy is clearly a degenerate sociopath. Max should step aside and seek help."

So that makes at least six Republican senators calling on Miller to step aside due to these allegations. But what do the voters in Miller's own district think?

Lauren Fox is OUTFRONT.

(BEGIN VIDEOTAPE)

LAUREN FOX, CNN CONGRESSIONAL CORRESPONDENT (voice-over): Just south of Cleveland, Medina opens its gates for another summer fair, where livestock and other local exhibits are sharing space with some uneasy politics.

Voters here have a difficult decision to make in the months ahead.

AMY SMOYER, REPUBLICAN VOTER: It's tough. It's tough right now.

FOX (voice-over): This is a county that Republican Congressman Max Miller won in 2024 with more than 58 percent of the vote.

But Republican voters like Amy Smoyer are now conflicted about what to do in November.

SMOYER: I want to know the facts and hopefully, we can hear the facts before voting comes up.

FOX (voice-over): Torn between voting for a congressman she says has stood in the right place on the issues while weighing serious allegations of abuse leveled against him by his ex-wife, Emily Moreno, the daughter of Ohio's senior senator.

SMOYER: So being a woman especially, you don't want to see somebody that is being abused, and you don't want to have somebody who is an abuser be in, you know, in that spot where he is at.

FOX (voice-over): Miller has denied the allegations and says he's staying in the race. Voters here say they hope to get more clarity in the months ahead before the election. TERRY PENROSE, REPUBLICAN VOTER: I haven't seen any actual facts or video or anything that would support her allegations, but I don't want to say that she's lying, you know? And I also -- we support Moreno. So, it's -- it's really kind of a challenging situation.

FOX (voice-over): Martin Kerr, a local lawyer who's volunteering this week at the fair, says he's already made-up his mind.

MARTIN KERR, REPUBLICAN VOTER: I think running for Congress while you're being accused of this stuff. No man, just set it down. If you're really innocent, then be innocent. Take a few years off. You can afford it as you can afford all the attorneys for your divorce and everything else. Take a couple of years off and come back if you're truly innocent. If not, well then deal with it and go get a real job.

FOX (voice-over): Brian Gunkelman, a fifth generation dairy farmer says he's sticking with Miller, at least for now.

BRIAN GUNKELMAN, REPUBLICAN VOTER: I just feel like he's voted for some farm stuff that's helped us out over the years, you know? Democrats tend to not pay attention to what we need as much as farmers.

FOX (voice-over): Miller is unequivocal. He believes he can win.

REP. MAX MILLER (R-OH): Speaker Mike Johnson, everyone else, they're standing behind me. No one has told me to get off the ballot, and that's because they know I can win this seat and see this through. And that's what we're going to do.

FOX (voice-over): But it's a risk for Republicans in a district Trump won by 11 points just two years ago, and as voters weigh whether they can put questions about Miller's personal life aside at the ballot box.

PENROSE: The congressman and anybody in the public eye gets, you know, focused on so. I don't know. I -- sometimes I feel sorry for him.

FOX (voice-over): Democrats believe this is even more reason that it's time for Miller to be replaced in Washington.

UNIDENTIFIED FEMALE: With how he treats his wife, it's not something I want for my children or for them to see is acceptable. And it's just he's - he's a no for me.

(END VIDEOTAPE)

FOX: And behind the scenes, Brianna, there is still a furious push from Republicans to try to convince Max Miller to exit this race, despite the fact that publicly, you see that the president and the speaker are not calling for him to get out, at least not yet. It's also important to point out that August 10th is a critical deadline that is just in a couple of days, because if he does not exit the race by that point, there's no replacing him on the ballot. That means that the Republicans would not have a candidate if he decided to get out later to run against the Democrat challenging him here in Ohio's 7th Congressional District, Brian Poindexter -- Brianna.

KEILAR: Yeah, very important deadline there.

Lauren Fox live in Ohio, thank you so much.

OUTFRONT now, the Democrat running against Max Miller this November, Brian Poindexter. He's a union ironworker and city councilman.

Brian, you just heard at least two Republicans there telling Lauren they're conflicted. They still don't know if they would vote against Max Miller. But another Republican is still all in on Miller and said the Democrats tend to not pay attention to what we need as much as farmers.

What's your reaction to what you heard?

BRIAN POINDEXTER, DEMOCRATIC NOMINEE RUNNING AGAINST REP. MAX MILLER: Well, thank you for having me, but you know that comment just tells me that we have more work to do. I'm you know we got in this race to build bridges with you know with our Republican constituents here in 7th District and I want to make them comfortable in supporting a Democrat who will fight for them.

You know, as a blue collar worker, I've had experience working across the aisle with my fellow brother and sister iron workers. We don't agree on everything politically, but we put that aside to get the job done. And that's what I -- that's what this campaign is built around, bringing people together to fight for working families. Working families in our district had a hard time because of the votes that Max Miller's taken in Congress. And I want to show them that I'm somebody they can count on to fight for them.

KEILAR: Miller told our Jake Tapper that he's confident he's going to win because the people in your district know who he is and the work that he's done for them. Here's some of what he said.

(BEGIN VIDEO CLIP)

MILLER: For no second am I going to sit here and continue to be debased by false and baseless allegations and be pushed out of the seat I have worked so hard to represent and done a terrific job for our community. I've received more support than ever from our community, from the people where I live, and that is why we are going to stay in this race and be successful.

(END VIDEO CLIP)

KEILAR: He's held this seat for almost four years. Do you think he has his finger on the pulse of his constituents?

POINDEXTER: Not from what the constituents tell me out campaigning. He hasn't held any town hall since he's taken the seat. He very rarely attends public gatherings. He is now that know that they see us at all these different events and building momentum. Now he wants to start coming out into the community. But I -- if you ask any average person in this district, they wouldn't

be able to point him out of a lineup. And it's because he's absent in district, but if they -- if you could point to some of the policies that he supported that have made it harder on families in this district, like his support for the big ugly bill, his support for the war in Iran, his support for the blanket tariffs that have driven up costs on families, a lot of the things he voted on have hurt people in this district. And people are ready to set aside our differences and stand together united to fight for people in our district and across this country.

KEILAR: President Trump previously said that he feels very badly for Max Miller. He was asked again about Miller and if he should step aside, and here's what he said.

(BEGIN VIDEO CLIP)

REPORTER: The deadline for Representative Max Miller to withdraw from his race is coming up next week. Do you believe he should withdraw?

TRUMP: Well, I'm not going to get involved in that. It's a very sad situation, and I know Max very well. But it's very, very sad that -- a situation like that takes place.

(END VIDEO CLIP)

KEILAR: He refuses to say publicly whether or not he believes Miller should stay in the race because of these allegations. What do you say to President Trump?

POINDEXTER: I say, President Trump, I feel bad for Max Miller's family, his ex-wife, his daughter, his ex-father-in-law, and everybody else affected by the actions of Max Miller.

And I've said this time and time again, if these allegations prove to be true, he should be in jail and not worried about holding a seat in Congress.

And let's be clear, these aren't one-off allegations. There's a history of repeated behavior in his personal life and in Congress. I mean, he had his words stricken from the record in Congress from an outrageous outburst.

You know, the people -- the American people want somebody who holds the office of congressmen dearly to their heart and is going to bring honor to the office.

[19:25:07]

And they'll get that if they choose Brian Poindexter.

KEILAR: Brian Poindexter, thank you so much for being with us this evening. We appreciate it.

POINDEXTER: Thank you for having me. And if you want to learn more, you can go to poindexterforcongress.com and see how you can help us win this race. Thank you.

KEILAR: Thanks for being with us.

And OUTFRONT next, a U.S. judge says he's receiving disturbing threats after ruling against Trump.

(BEGIN AUDIO CLIP)

VOICEMAIL: I double dare you to try to put charges on Donald J. Trump, you son of a (EXPLETIVE DELETED). Okay?

(END AUDIO CLIP)

KEILAR: That judge is my guest.

Plus, Trump insisting the U.S. still has massive amounts of defense missiles, but is that really the case?

(COMMERCIAL BREAK)

[19:30:30]

KEILAR: Tonight, a federal judge speaking out, warning of the death threats he's received after ruling against President Trump. U.S. District Judge John McConnell, who is my next guest, says after he extended a temporary ban on the Trump administration's attempts to freeze trillions in federal spending, the threats began. One of them was a pizza delivery sent to his home, put under the name of Daniel Anderl. That's name of U.S. District Court Judge Esther Salas' son, who was killed in 2020 when a man targeting the judge showed up at her home and opened fire.

Since Judge McConnell ruled against the Trump administration, U.S. Marshals have identified at least six credible death threats against him. His wife and daughter have also been targeted. This is one instance that's part of a disturbing increase in threats to judges all across the country.

OUTFRONT now, Judge John McConnell, chief judge of the U.S. District Court of Rhode Island, and Judge Esther Salas, U.S. District Court Judge for the District of New Jersey.

Thank you so much to both of you for being with us for such an important discussion here.

And Judge McConnell, to you first, it is rare for a sitting judge to speak out. Why did you feel it's so important to do so now?

JOHN J. MCCONNELL JR., CHIEF JUDGE, US. DISTRICT COURT OF RHODE ISLAND: Because the language that's being used by other branches of government personally attacking judges has real-life repercussions, both for the judges themselves and their family, but also for the rule of law and for democracy. We've had the deputy attorney general claim he was at war with the courts and calling others to follow.

Judges have been called horrific names by members of the executive, and we've seen and we can see each time that this happens, the threats against judges increase. We've had a 65 percent increase this year in death threats against judges. We've never seen a co-equal branch of government turn on judges personally in an attempt to legitimize them as we have for the last year and a half.

KEILAR: Yeah, it's a very staggering trend that we're seeing. And Judge McConnell, I do wonder what went through your mind when you received that pizza delivery with Daniel's name on it?

MCCONNELL: You know, that was one piece that was particularly disturbing because of the horror that Judge Salas and her husband lived through the murder of her son, Daniel. Having to tell her that there were incredibly depraved hearts out there that were using her murdered son's name to intimidate other judges -- honestly, it broke my heart and made me worry about what else they were doing and potentially what was next.

KEILAR; And also Judge Solis, I mean, this wasn't a one-off, right? You received Judge McConnell's call. And then you learned he wasn't the only judge that this had happened to. There were many, many. And the stakes here are not unimaginable for you. You live them every day.

How concerned are you for your colleagues?

ESTHER SALAS, DISTRICT JUDGE, U.S. DISTRICT COURT OF NEW JERSEY: I'm so very concerned for my colleagues, and I'm very concerned about democracy and really where we're headed if we continue this systematic and continuous attack against judges by other branches of government, and in particular from the president on down.

And as of late, Brianna, DHS is doing its part to really, I think, put judges' lives in danger by, you know, their repeated use of governmental websites and government handles to, you know, call judges the worst of the worst. and put on government websites that particular judges are threats to national security. These acts by our government leaders, it's dangerous and it's reckless. And I'm just worried in general about the state of our country.

KEILAR: So, you mentioned that the worst of the worst list. This was the general counsel at DHS that tweeted out on two separate occasions that, the worst of the worst list, singling out these judges. And the president, of course, has railed against judges for years.

[19:35:01]

But here are some of the more recent examples of him targeting the judiciary.

(BEGIN VIDEO CLIP)

TRUMP: A lot of rogue judges. Very bad, bad people, very bad judges.

The corrupt judge who was disgraceful.

We have rogue judges that are destroying our country. Surrounded by corrupt judges and corrupt politicians. (END VIDEO CLIP)

KEILAR: So, we reached out to the White House for a statement, and a spokesperson said to imply that the president's opinions about judges is, quote, "Akin to making threats is deeply unserious and should be dismissed by anyone with half a brain. No one understands the dangers of political violence more than President Trump. The Trump administration cares deeply for the safety of all members of the judicial branch," end quote.

Judge Salas, what do you say to that?

SALAS: You know, I say that words matter. And I think that the president himself has talked about toning down the rhetoric after the White House Correspondents attack. It has to go both ways, Brianna. We have to start really talking about issues on the merits. You want to criticize the judge's ruling, appeal us.

But what you don't do is attack us personally. What you don't do is put us on the worst of the worst list, identify the president that appointed us, and start giving them American public half-truths about our rulings, putting our rulings at, you know, putting them at best out of context. At worst, I mean, really, I think, providing the American public with disinformation about our rulings.

This is all very dangerous conduct, and we have to get back to civility in this country, and we have to get back to a place where we can agree to disagree. But right now, what we're seeing and the reason that Chief Judge McConnell, I'm so him speaking up and speaking out is because something has to be done to try to get everyone to put the brakes on this situation.

KEILAR: And, Judge McConnell, after you ruled against the Trump administration, your courthouse was inundated. We're talking hundreds of disturbing calls and emails. And just so that people understand the kind of thing we're talking about, this is part of one threatening call that you shared with us.

(BEGIN AUDIO CLIP)

VOICEMAIL: So, you better tell little mother (EXPLETIVE DELETED) Judge McConnell, I don't know who the hell he thinks he is.

I double dare you to try to put charges on Donald J Trump you son of a (EXPLETIVE DELETED). Okay? You will get your (EXPLETIVE DELETED) whooped, okay? I will slap the (EXPLETIVES DELETED) out of it, okay? I'll slap your face to your face mother (EXPLETIVE DELETED), and I wish somebody would (EXPLETIVE DELETED) assassinate your (EXPLETIVE DELETED).

(END AUDIO CLIP)

KEILAR: I mean, it's important to listen to so that we know what you're dealing with. It's hard to listen to.

What do you say, Judge McConnell, to these clear attempts to try to intimidate you and make you feel threatened?

MCCONNELL: Well, you have to wonder what would cause an individual to make that kind of call, and I firmly believe that it's in response to the personal attacks that have been made by members of the executive, high up in the executive, personal attacks that have been made on judges. They don't attack our rulings, they attack judges personally, and when they do that, bad things happen.

We know that directly. I've had colleagues who have been called a national security problem. Next day, she gets death threats.

I had another colleague release an immigrant from detention, and the next day -- two days later, DHS put out a press release chastising her for releasing someone who had a warrant for murder out for them when they told the lawyer the day before the hearing not to tell the judge. So, they told her not to tell the judge. They didn't tell the judge. She released him.

Then they put out a press release that's still up on their website with a misrepresentation about what she knew and what actions she took.

We can't help but come to the conclusion that this is a systematic attempt to delegitimize the courts, to hurt the rule of law, and to undercut the independence of the judiciary.

And again, it's not just me. I and hundreds, if not thousands of judges throughout the country who have remained silent for their own personal reasons have had this happened to them. And I just desperately worry about what's going to happen to the rule of law and our independence that this keeps up.

We saw it happen in Poland. We saw it happen in Hungary.

[19:40:00]

They -- when you want to bring down a rule of law, a democratic government, the first thing you do is you attack the judiciary and you go after the judges. And that's what we're seeing happen here. And it's got to stop. It just has to stop, Brianna.

KEILAR: Judge McConnell and Judge Salas, thank you so much to both of you for being with us. Really appreciate it.

MCCONNELL: Thank you for having us.

SALAS: Thank you for covering this story.

KEILAR: OUTFRONT next, President Trump claiming the US is in, quote, "great shape" when it comes to America's missile defenses. But does that claim add up? Seth Jones, who has been looking into the U.S. stockpile, is next.

Plus --

(BEGIN VIDEO CLIP) KYUNG LAH, CNN SENIOR INVESTIGATIVE CORRESPONDENT: This is the headquarters for Taylor Farms.

UNIDENTIFIED MALE: This is private property.

LAH: OK.

(END VIDEO CLIP)

KEILAR: Our Kyung Lah travels to the company the FDA has linked to several outbreaks, including the one that's causing that parasite that causes explosive diarrhea. So, what's the response?

(COMMERCIAL BREAK)

[19:45:37]

KEILAR: Tonight, President Trump furious over reports the U.S. has burned through most of its most critical missile defenses, complaining the revelations are weakening his leverage against Iran. Multiple sources tell CNN that Trump vented about media coverage of the low munition stocks during the recent Cabinet meeting at Camp David. CNN reporting this week, the military has already used nearly 80 percent of its THAAD inventory and roughly half of its Patriot interceptors since the war began.

Trump though, insisting the U.S. has massive amounts of munitions and says production is expanding at a historic speed, but also saying longtime jail sentences will be sought for whoever leaked the shortages.

OUTFRONT now, Seth Jones, president of the Defense and Security Department at CSIS and former advisor to the commanding general of U.S. Special Operations Forces in Afghanistan.

Seth, thank you for being with us, because CSIS has looked closely at these numbers Trump is saying the U.S. still has massive amounts of these missile defenses. What's the truth here?

SETH JONES, PRESIDENT OF THE DEFENSE AND SECURITY DEPARTMENT AT CSIS: Well, Brianna, the devil here is in the details, and there are certainly a number of types of missiles, including interceptors, that the U.S. does have a lot of. It's got a lot of small-diameter bombs, it's got a lot of joint direct attack munitions, and it's got a lot of other types of missiles.

The problem is the U.S. doesn't have a lot of very specific kinds that have an impact on its ability to either deter or fight war. So, let's talk defensive munitions. It's very low on its THAAD interceptors. These are critical for incoming ballistic missiles. Our estimates are roughly two-thirds have been depleted. We have that's the global inventory. Some estimates pushed us up into the high 70 percent. Those are enormous either way.

And in addition, Patriot, also critical for defending against ballistic missiles, are down our estimates around a third right now, some estimates closer to 50 percent. Those are really low because it's not just for the Iran war, but think also for what the U.S. needs to defend against ballistic missiles if there's a war against the Russians or in China or other locations. So, it's critical.

KEILAR: Yeah, they're watching this very closely. So, Trump halted military strikes again over the weekend after threatening, quote, the biggest attack since World War II. Are you, the shortages, are you seeing them severe enough to limit U.S. military options?

JONES: Well, Brianna, I don't think they'll limit the U.S. ability to conduct offensive operations. The US has enough, I think, to fly F- 35s, fifth generation aircraft over Iranian territory, and then to shoot what are probably shorter-range missiles. The problem is if Iran shoots back, which it will, and it shoots ballistic missiles, that's where THAAD comes in and that's where Patriot come in. And the challenge, then, is U.S. does not have enough interceptors for incoming ballistic missiles, and it also needs them, again, in other theaters. So that's the problem that's really on the defensive end, not on the offensive end.

KEILAR: So how long does it take to realistically rebuild these inventories? You have Trump saying that America's munition stockpile is expanding, that they're being shipped as needed. There is, of course, the Defense Production Act. How long does it take?

JONES: Well, this is the tough news here. It takes between two and three years to produce the Patriot and the THAAD interceptors. So, you're talking about 2028 or early 2029 for those numbers to come off the production line with the current increases. There are ones coming off every month, but if you're increasing those numbers right now, those increases we won't see for two to three years.

KEILAR: That is a long time.

Seth Jones, thank you so much for being with us.

JONES: Thanks, Brianna.

KEILAR: And OUTFRONT next, a CNN investigation into the company the FDA links to the outbreak that is causing explosive diarrhea. Turns out this is not the first time that they've been tied to other outbreaks, and their response is always the same.

(COMMERCIAL BREAK)

[19:54:25]

KEILAR: Tonight, the spreading outbreak causing explosive diarrhea. At least 15 states and more than 6,000 cases being linked by federal health officials to lettuce sold by Taylor Farms. It's at least the fifth time the company has been directly tied to outbreaks. But as a CNN investigation finds, Taylor Farms has a long pattern of deflecting blame.

Kyung Lah is OUTFRONT.

(BEGIN VIDEOTAPE)

LAH: This is the headquarters for Taylor Farms.

UNIDENTIFIED MALE: This is private property.

LAH: Okay.

LAH (voice-over): Taylor Farms won't talk to us on camera today. We'd already asked for an interview and had not heard back.

[19:55:03]

This is the company, the FDA link to the historic cyclospora outbreak, 6,000 sick, hundreds hospitalized, and two dead. Here's what we want to ask the company. The government traced at least five different outbreaks directly to Taylor Farms in the past 13 years, and a CNN review finds time after time the company turned to a similar playbook, deflecting blame.

How? by relying on negative test results to imply that Taylor Farms products are not responsible, even though investigators mainly find the source of outbreaks by figuring out what and where people who got sick ate.

BILL MARLER, FOOD SAFETY ATTORNEY: It's a deja vu all over again. I sort of feel like we're on a repeat record.

LAH (voice-over): This month, Taylor Farm said, according to the FDA, there are no confirmed positive sample results for product testing for cyclospora as of August 5th, 2026. We are confident in our food and food safety systems.

Let's rewind through the known outbreaks linked to Taylor Farms.

2013, eerily similar cyclospora cases connected to Taylor Farms salad. CEO Bruce Taylor said at the time, "All our tests have been negative and we have no evidence of cyclospora in our product."

2015, a multi-state E. coli outbreak, Taylor's public response, "The tests were preliminary findings and it looks like a false alarm." The FDA later said a product with Taylor Farms produce was the likely source.

2024, another E. coli outbreak traced to onions distributed by Taylor Farms. The company said it found no traces of the bacteria. All Taylor Farms products in the market today are safe to consume.

MARLER: I think they have played a little bit fast and loose with the facts.

LAH (voice-over): Food safety attorney Bill Marler has sued Taylor Farms a dozen times in multiple outbreaks, representing more than 100 clients. He says the company implies its food may not be to blame by telling the public their testing found no trace of the microbes, but Marler says that doesn't prove anything. MARLER: Taylor Farms is using those negative results to muddy the water. The scientists at Taylor Farms know better, that the products that get tested are not the products that people consume. And I -- and I always say this and it sounds like I'm making a joke, but people eat the evidence.

LAH: About half of America's domestic lettuce is grown here in the Salinas Valley in Central California. It's also where Taylor Farms is headquartered, but the focus of this cyclospora outbreak is in central Mexico at the Taylor Farms facility there, the same plant linked to another cyclospora outbreak in 2013.

MARLER: It's the same facility they're drawing iceberg lettuce in from the same area. and expecting a different result.

LAH (voice-over): Taylor Farms tells CNN it invests more than 200 million a year in food safety. The problem is that nothing can kill cyclospora on fresh vegetables without cooking.

LAH: In the middle of this enormous outbreak, some of the nation's top food safety experts are gathering in this one conference in New Orleans. So, we've come here to talk to a consultant who has worked with Taylor Farms.

TREVOR SUSLOW, PROFESSOR, EXTENSION EMERITUS AT UC DAVIS: It absolutely feels like deja vu for all of us, for everybody.

LAH (voice-over): Food safety expert Trevor Suslow says he's one of the scientists hired by Taylor Farms on this outbreak, part of the rapid response team to find what could have gone wrong at the facility in Mexico.

LAH: Is there a working theory right now?

SUSLOW: Right now, it's very difficult to come up with a working theory. If they're missing something, they want to know, and then they put in programs in place to correct that. And they've really built a strong program, you know, really progressively since 2013.

LAH: Would you open up a bag of Taylor Farms iceberg lettuce and eat it today?

SUSLOW: Yeah, I would. If one assumes that that was a source, there's nothing been chipped for -- you know, since mid-July, you know, it's either consumed already or it's gone.

LAH: Do you eat bag salad?

MARLER: No.

LAH: Ever?

MARLER: No. No. Ever. No.

When you've been with families who've lost family members or to a bag of romaine lettuce, you do change your eating habits. (END VIDEOTAPE)

LAH: Now, Taylor Farms did e-mail us a statement saying the company has fully cooperated with regulators and took corrective action where warranted and acted transparently. It added, "We test our leafy green commodities for a variety of pathogens going above and beyond any industry guidance or requirements.

A positive result on a product triggers rejection of the entire lot, not partial disposition, and initiates research to inform future risk assessments -- Brianna.

KEILAR: Kyung Lah, thank you so much for that report.

And thank you so much for joining us.

"AC360" starts now.