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Medical Examiner Stand By Ruling that Floyd's Death was a Homicide, Says Heart Disease, Drug Use Played a Role, But weren't Direct Cause; House Ethics Committee Opens Investigation of Matt Gaetz; Soon: Rep. Matt Gaetz Speaks Amid Sec Trafficking Probe as GOP Donors Flock to Retreat Headlined by Trump in F.L.; Kinzinger First GOP House Member to Call on Gaetz to Resign; Coronavirus Crisis; Britain's Prince Philip Dies At 99; NRA Exploiting Bankruptcy To Dodge Legal Troubles. Aired 5-6p ET

Aired April 09, 2021 - 17:00   ET

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

[17:00:00]

JAKE TAPPER, CNN HOST: May his memory be a blessing to his wife and his five kids.

Be sure to watch CNN State of the Union this Sunday. My guests include Transportation Secretary Pete Buttigieg, Majority Whip Democratic Congressman James Clyburn, and Arkansas Governor Asa Hutchinson that's at 9:00 a.m. and noon Eastern. Our coverage on CNN continues right now. I'll see you Sunday morning.

WOLF BLITZER, CNN HOST: Welcome to our viewers here in the United States and around the world. I'm Wolf Blitzer in the Situation Room.

Dramatic new developments in the Derek Chauvin murder trial today. The medical examiner who conducted George Floyd's autopsy says he stands by his ruling that it was a homicide. He did acknowledge a key theory put forward by the defense that Floyd's drug use and heart problems played a role, but said they were not the direct cause. Just before the medical examiner took the stand. The prosecution called on yet another forensic expert to testify that neither drugs nor health problems caused Floyd's death.

And we're also standing by for public remarks from the embattled Congressman Matt Gaetz, the Florida Republican scheduled to speak tonight as the House Ethics Committee has now formally opened their investigation into his alleged conduct.

But let's get right to our Senior National Correspondent Sara Sidner. She's covering the Chauvin trial for us in Minneapolis today.

Sara, we heard very important testimony today from the medical examiner who conducted George Floyd's autopsy.

SARA SIDNER, CNN NATIONAL CORRESPONDENT: This is definitely one of the most important witnesses because he's the only person that's going to testify that he was actually the one who did the autopsy on George Floyd. And he was unequivocal in what he said how George Floyd died, why George Floyd died, no matter whether the prosecution or defense was asking him the questions.

(BEGIN VIDEO TAPE)

SIDNER (voice-over): One of the most important witnesses in this case for both the prosecution and defense took the stand today.

JERRY BLACKWELL, PROSECUTOR: You conducted the autopsy on Mr. George Floyd?

DR. ANDREW BAKER, HENNEPIN COUNTY CHIEF MEDICAL EXAMINER: I did.

SIDNER: Unlike all the other medical experts Hennepin County Chief Medical Examiner Dr. Andrew Baker is the only person to testify that he did an autopsy on George Floyd's body, he determined the cause and manner of death.

BAKER: The law enforcements of dual restraints and the neck compression was just more than Mr. Floyd could take.

SIDNER: But prosecutor Jerry Blackwell asked if drugs or fluids heart disease caused Floyd's death.

BAKER: Mr. Floyd's use of fentanyl did not cause the subdual or neck restraint. His heart disease did not cause the subdual or the neck restraint.

SIDNER: Without those two things done by Derek Chauvin and the other officers, Mr. Floyd would not have died, he testified. But the defense tried to poke holes in his determinations.

ERIC NELSON, DEREK CHAUVIN'S ATTORNEY: And so, in your opinion, both the heart disease as well as the history of hypertension and the drug, the drugs that were in his system played a role in Mr. Floyd's death?

BAKER: In my opinion, yes.

SIDNER: Also on the stand,

BLACKWELL: State will call for their first witness Dr. Lindsey Thomas.

SIDNER: Veteran forensic pathologists Lindsey Thomas is unequivocal in her assessment of how George Floyd died.

DR. LINDSEY THOMAS, FORENSIC PATHOLOGIST MEDICAL EXAMINER: There's no evidence to suggest he would have died that night, except for the interactions with law enforcement.

SIDNER: She agreed with Dr. Baker's autopsy report that Floyd's heart was enlarged and that he had drugs in his system. So, Chauvin's attorney then asked a hypothetical question.

NELSON: You find a person at home, no struggle with the police, right? And you -- the person doesn't have a heart problem. But you find fentanyl and methamphetamine in this person's system at the levels that they're at. Would you certify this as an overdose?

THOMAS: Again, in the absence of any of these other realities, yes, I could consider that to be an overdose.

SIDNER: But on redirect, she testified that is not how George Floyd died. The cause of death was the law enforcement subdual restraint and compression, and the manner of death is homicide.

(END VIDEO TAPE)

SIDNER: Restraint and compression, restraint and compression, restraint and compression. We heard that over and over and over again from both of these medical experts. And that is the difficulty for the defense, no matter which way he tried to get around that and tried to ask whether it could have been drugs, whether it could have been his heart disease. In the end, they both went back to the same exact sentence. It was because of constraint -- restraint and compression that George Floyd died, Wolf.

BLITZER: Sara, I want you to stick around. I also want to bring in our Legal Analyst Elliot Williams, the Criminal Defense Attorney Mark O'Mara and the Chief Medical Examiner for Allegheny County, Pennsylvania, Dr. Karl Williams.

[17:05:00]

Elliot, the medical examiner we heard the testimony was very powerful, very dramatic, said the police officer's actions were more than Mr. Floyd could take. So how high stakes was this testimony today?

ELLIOT WILLIAMS, CNN LEGAL ANALYST: Right. Look, Wolf, if there are three words that matter in this trial, right, and the legal standard is substantial causal factor where the actions of the police, a substantial causal factor in George Floyd's death. And the simple fact is, no one is disputing, and the prosecutors aren't disputing of the presence of methamphetamine or fentanyl or anything in George fluid systems. But number one, look at the medical examiner's report and all of the testimony it is clear. And Dr. Thomas's testimony today as well confirmed that the actions of the police were, a, if not the substantial causal factor in George Floyd's death.

So, even assuming the presence of the other substances or as the size of his heart or whatever, strip that all away and get back down to what the law says. And it is just hard to see how the prosecution has not met this burden. Stranger things have happened before in trials, but it's just hard to see how they haven't won on that point.

BLITZER: Let me bring Dr. Williams into this, the medical examiner, Dr. Williams, and you're also a medical examiner, said heart disease and drugs played a role in Mr. Floyd's death. But he also said those issues weren't the direct, direct cause of death, this was a homicide. As an expert in this area, what stood out to you?

DR. KARL WILLIAMS, CHIEF MEDICAL EXAMINER, ALLEGHENY COUNTY, P.A.: Yes, I think it's pretty clear that it's a homicide. And I think it's pretty clear that any medical examiner or coroner faced with this set of facts is going to call it a homicide that only potential out you have limited choices to leave it is quote unquote, undetermined. But the facts are so clear in this case that I don't think anybody would choose that option for the manner of death.

The cause of death is more complex, you've heard some discussion of that. There's more ability to tell a story and that you're trying to do when you certify the cause of death or try to summarize all the facts and tell a story in different medical examiners, different coroners are going to choose a variety of different ways of putting that in the first part of the death certificate, the cause of death. And I think Dr. Baker did a very good job of putting that together.

Again, with the most important thing being the neck, the pressure on the neck, the neck is an extraordinarily vulnerable area. We all know that, and the police know that, and everybody knows that. I think that needed to be on the first line of the cause of death.

And then the second part of the death certificate, which you've heard discussed as other significant conditions.

BLITZER: Yes.

K. WILLIAMS: Again, you look through the facts, you look through what you have, you analyze all parts of the case, and then you choose what to put in the other significant conditions. And clearly the presence is that there was fentanyl onboard. Clearly the presence of the heart disease or other significant conditions that contributed to the death with a primary cause always been pressure on the neck in the context of police restraint.

BLITZER: You know, I'll bring Mark into this, because the prosecution, Mark, as you well know doesn't need to prove that Chauvin's actions were the only factor in Mr. Floyd's death. Just that they were, and Elliot pointed this out, a substantial causal factor in his death. So, how does that testimony fit those parameters?

MARK O'MARA, CRIMINAL DEFENSE ATTORNEY: Well, Wolf, you know, a good team, legal defense team, legal prosecution team spends about two thirds of their time proving their case, and you try and spend about a third of your time just proving the other side.

In this case, they've had the luxury with all of these witnesses, with all of the evidence and they've done a very good job. They spent half their time, if not more of dissecting and doing away with and literally destroying what the defense is going to argue, because the defense is going to argue exactly what Elliot had said. It is not a significant contributing factor.

So, if so, then you have to come up with something else, the contributing factors fentanyl, meth, heart, anything else other than Chauvin. And what the state has done, I think just wonderfully on their behalf, was prove their case without question, but also just mantle, the defense case.

And I don't know what the defense is going to be able to present. Certainly, they're going to have their own experts to counter some of these experts. But the jury has been so massaged with all this information. It can be difficult to overcome.

[17:10:01]

BLITZER: You know, Sara, you're there on the scene for us, this was clearly a very sensitive day talking about the autopsy. Could you just explain a little more how this was handled in court, how the jurors seem to be reacting?

SIDNER: They were paying attention. They weren't writing as many notes as people have seen in the past with these medical experts. However, we are hearing that we are getting very close potentially to the prosecution wrapping up its case. As you might imagine, Dr. Baker, who is the chief medical examiner here in Hennepin County was one of their lynchpin witnesses. And now that he has done, and he is, you know, finished with his testimony and the cross has happened, we may only have one more, for example, witness for the prosecution. So, we could be hearing the defense's case very, very soon.

And, you know, as our guests just mentioned, as our medical examiner just mentioned there, you know, they're going to probably put on experts who refute the experts that you have heard throughout this trial for the prosecution. But there are so many experts and their expertise world known in some cases that it is going to be an uphill battle. Wolf.

BLITZER: Earlier today, Elliot, the forensic pathologist broke down a complicated phrase from the autopsy. She said, and she's an expert, it means and I'm quoting now, she said, "it means the activities of the law," excuse me, "that means the activities of the law enforcement officers resulted in Mr. Floyd's death." But the medical examiner never really said it clearly. How important is it for the prosecution to simplify that for the jurors?

WILLIAMS: Right. Well, if you notice what the prosecution did was put on two experts before they called the medical examiners. Just a quick word, Wolf, experts are on to testify as to their opinions. There are people who don't have a direct connection to the case, but they're testifying based on their training and experience, right?

Now you can make an argument that the medical examiner who worked on the case is a more important witness. What I think the prosecution did was try to blunt the testimony of the medical examiner because there was some ambiguity and the defense does have some -- for instance, the ME's report doesn't say the word asphyxia in it. And that's something that the defense could exploit.

So, what the prosecution did was put a couple witnesses on, very credible opinion witnesses to frame things up and put things in plain terms. OK, what's asphyxia? Well, how did, you know, how did -- what were Mr. Floyd's final moments like? Get that on the record, and then put the doctor who was, you know, quite technical and didn't really stray from his technical views, you know, his technical findings on the medical exam report, which was a clever way to put things on. Because had that medical examiner, Dr. Baker testified earlier in the trial, I think this would have come out and felt very different, almost as a narrative matter.

So, you do kind of have to hand it to the creativity of the prosecution. Because this isn't a foregone conclusion, like the order that you put witnesses on and on is itself a decision made by lawyers. And that's how the prosecution chose to do it.

BLITZER: You know, Mark, the -- what's the most important thing based on what has happened so far in these first two weeks? What's the most important thing the defense will need to do when they start to call their witnesses and make their case likely next week?

O'MARA: They have to come up with an alternative theory of death. The only way that they're going to get away from the strength of the state's case right now, as strong as it is, and well founded as it is, with not only the emotions of the first few days, but most importantly, the almost irrefutable testimony of all the experts. The only way the defense has a chance -- and again, they don't have to prove innocence, they have to disprove reasonable doubt.

The only way they're going to get to that standard is they have some compelling evidence to say everything that the state witnesses said could be true. But it's not necessarily true. And here's an alternative. Here's a reasonable hypothesis of innocence, as we call it, of a way this could have happened. And if someone is strong on fentanyl, stronger fentanyl, stronger fentanyl and myth, stronger in the heart disease with the combination of the drugs, if some good witness can come up and really wedge in that reasonable doubt, that's the defense's chance, and I think it's their only chance.

BLITZER: Do we have any idea, Sara, how many witnesses that defense is intends to call?

SIDNER: No. We do have a list of witnesses, but the list is just the 400 potential witnesses here. We do not think that all 400 will be called, but we will see. And we're not even exactly sure whether or not the prosecution is actually going to only call one more witness. But so, we're just kind of waiting to see, we are all kind of waiting to see what's going to happen. And we know that each day out of courtesy the prosecution said, they do tell the defense who was coming up each night before and then the defense was already prepared certainly will know who they need to cross examine each day, the night before that witness takes the stand.

[17:15:08]

It has been fascinating. I do want to add one more thing, and we don't have to think of this as a larger scale that really what the defense has to do is convince just one juror that that juror has some reasonable doubt, because then that would be a hung jury. And they would have to either retry this case or decide not to, whatever the prosecution decides to do. So, I'm sure that he plans on trying to do at least that. Wolf.

BLITZER: Yes, I'm sure you're right. All right, guys, thank you very, very much.

Coming up, there's more news we're following. We're standing by for public remarks from the embattled Republican Congressman Matt Gaetz as a new report finds he paid hundreds of dollars to an accused sex trafficker who then paid three young women that exact same amount.

Also, ahead, experts warn the U.S. is falling behind in the race against dangerous new coronavirus variants. We have new information, we'll share it with you, standby.

(COMMERCIAL BREAK)

BLITZER: The House Ethics Committee has just announced its launching a formal investigation into the embattled Florida Republican Congressman Matt Gaetz. The news comes just hours before Gaetz is supposed to give a highly anticipated speech down at the Doral Trump Hotel in Florida.

[17:20:09]

Let's go to the scene. CNN's Randi Kaye has the very latest.

(BEGIN VIDEO TAPE)

RANDI KAYE, CNN CORRESPONDENT (voice-over): Congressman Matt Gaetz will take the stage under a cloud of suspicion, which has even some members of his own party calling for him to resign. Why does Rep. Adam Kinzinger think he should go? The accusations are stacking up.

"The Daily Beast" now reporting that Gaetz sent two late night Venmo transactions in May 2018 for $900 to his friend Joel Greenberg, a former Seminole County Florida tax collector and accused sex offender. The next morning according to the outlet, in an eight-minute span, Greenberg use the same app to send three young women money totaling the same amount.

JOSE PAGLIERY, POLITCIAL INVESTIGATIONS REPORTER, "THE DAILY BEAST": We have our Venmo payments that show payments from the congressman to this local official. And then hours later payments that add up to the same exact amount to three young women, one of whom later turned out to be a porn star. And all of these women are extremely young.

CHRIS CUOMO, CNN HOST: Extremely young, meaning what?

PAGLIERY Well, one just turned 18 about six months before that happened.

KAYE: CNN hasn't independently confirmed this report or what the money was used for. From the start, Gaetz has denied doing anything wrong.

REP. MATT GAETZ, (R) FLORIDA: It is a horrible allegation, and it is a lie.

KAYE: A source also telling CNN federal investigators are looking into a trip Gaetz took to the Bahamas, and whether women were paid to travel for sex with the congressman and others. That is a potential federal crime.

CBS News which first reported on the trip to the Bahamas was told by a spokeswoman, "Representative Gaetz has never paid for sex, nor has he had sex with an underage girl. What began with blaring headlines about sex trafficking has now turned into a general phishing exercise about vacations and consensual relationships with adults."

It's unclear what Greenberg may know. But he and Gaetz were good friends.

FRITZ SCHELLER, ATTORNEY FOR JOEL GREENBERG: He's uniquely situated.

KAYE: Greenberg's lawyer now signaling that he is willing to make a plea deal with investigators.

SCHELLER: Does he have anything to worry about? And you're asking me to get into the mind of Matt Gaetz. I'm sure Matt Gaetz is not feeling very comfortable today.

KAYE: And there's more, separate from the allegations of sex crimes, "The New York Times" is also reporting investigators have been told of a conversation where Gaetz in a prominent Florida lobbyist discussed arranging a so called sham candidate in a state Senate race last year to siphon votes from an allies opponent. They caution that aspect of the inquiry was in its early stages. Gaetz did not respond to "The Times" request for comment on the allegations.

All of this starting to hit closer to home for the congressman in an unavoidable way. A liberal political action committee has put up this billboard in the Florida Panhandle, which reads "Matt Gaetz wants to date your child."

(END VIDEO TAPE)

KAYE: And Wolf, a bit more detail on that House Ethics Committee investigation, they've actually launched two investigations, one into Congressman Matt Gaetz, the other into Congressman Tom Reed of New York, potentially looking at Matt Gaetz for engaging in sexual misconduct, illicit drug use, converting campaign funds to personal use, and possible acceptance of a bribe. As far as Tom Reed goes, they're looking at allegations of sexual misconduct.

Now, Gaetz's office did respond to this -- to this latest House Ethics Committee investigation saying that once again, these allegations are blatantly false. They have not been validated by a single human being willing to put their name behind them. So, we'll see if Matt Gaetz, when he takes the stage here at the Save America summit here in Doral, Florida at 7:00 p.m. tonight, we'll see if he addresses that and anything else, Wolf.

BLITZER: We'll stay in touch with you clearly. Thanks very much, Randi.

We're joined now by CNN Political Director, David Chalian, along with our Senior Political Correspondent, then the "Inside Politics Sunday" anchor Abby Phillip.

David, how do you expect Gaetz will try to navigate this scandal and this new investigation from the House Ethics Committee when he speaks publicly later tonight?

DAVID CHALIAN, CNN POLITICAL DIRECTOR: Well, I'm not sure if he'll address this publicly or maybe wear it as a badge of honor. I think if you've seen his responses to date, Wolf, sort of is pulling from the Trump playbook of dealing with controversy and scandal. Obviously, he's denying everything, but he is also blaming his political opponents, blaming the media for this, and taking zero responsibility or acknowledging any involvement in this.

Of course, Matt Gaetz has something far bigger to worry about than his sort of PR problem here. And now to navigate this, this is a potential huge legal problem for Matt Gaetz. That's really what he's focused on.

BLITZER: As you know, Abby, Republican Congressman Adam Kinzinger of Illinois, is now calling for Gaetz to resign from Congress. But so far, he's the lone congressional Republican calling for this, I take it, hundreds of others remain silent, right?

[17:25:04]

ABBY PHILLIP, CNN ANCHOR, INSIDE POLITICS: Yes, I mean the silence is deafening on the Republican side and to David's point this is straight out of this kind of new era in crisis management led by Trump, which is effectively never back down, never apologize, never give in. Even when the allegations are very serious, there was a time not that long ago when no one in Washington would have wanted to be near Matt Gaetz with a 10-foot pole. But of course, now he's speaking at that conference tonight in Doral, which tells you, I think, everything that you need to know about how much or how little people are distancing themselves from him. I think that that there's actually probably more concern on the Republican side about abandoning him, perhaps, in their view too soon before all of these allegations really play themselves out.

BLITZER: You know, David, the former Republican House Speaker, John Boehner, is exploring this growing rift in the Republican Party, and he's discussing it in a new book that is just out. I want you to listen to what he tells CBS about one of his fellow Republicans. Listen to this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: You call some of these members political terrorists?

JOHN BOEHNER (R), FORMER HOUSE SPEAKER: Oh, yes. Jim Jordan, especially, my colleague from Ohio. And I just never saw a guy who spent more time tearing things apart and never building anything, never put anything together.

(END VIDEO CLIP)

BLITZER: So, where does this go from here, David?

CHALIAN: Well, as you noted, it is a rift inside the party. But John Boehner is on the losing side of that rift, Wolf. I mean, Donald Trump is gathering the Trump Republican Party this weekend in Florida. The event tonight that Gaetz is speaking at, Marjorie Taylor Greene's been there, that's for sort of activists, part of a group that organized the January 6 rally, actually. You also have high dollar donors going to Mar-a-Lago to hear the former president this weekend. And you have a lot of 2024 Republican presidential hopefuls, should Donald Trump not run, showing up there as well to rub elbows with these high dollar donors.

So, Donald Trump has a pretty firm grip. A 100 days out of his presidency are nearing that on the Republican Party. So, and John Boehner is making very wise observations about what occurred here. But make no mistake about it, his wing of the party is the one that is not ascendant inside of the party right now.

BLITZER: David Chalian, Abby Phillip, guys, thanks very much.

An important note to our viewers, be sure to join Abby for CNN's "Inside Politics Sunday." It airs 8:00 a.m. Eastern. It's an excellent, excellent show. We'll be watching.

Up next, experts warn the U.S. is falling behind in the race against the new coronavirus variances cases and hospitalizations continue to rise.

(COMMERCIAL BREAK)

[17:32:13]

BLITZER: We're seeing some concerning new trends of the coronavirus pandemic even as the pace of vaccinations here in the United States steadily climbs. CNNs Alexandra Field is tracking the late breaking developments for us. Alexandria, we're getting some good news about Pfizer is vaccine. What are you hearing?

ALEXANDRA FIELD, CNN CORRESPONDENT: Yes, a critical step forward in the push to vaccinate more people, Pfizer has applied to the FDA to allow for use of its vaccine among children ages 12 to 15, that after the company released data of a clinical study showing it's 100 percent effective in that age group. Now the acting chairman of an FDA vaccine advisory committee is saying it's highly likely that the FDA would give approval and that it could happen fairly quickly.

(BEGIN VIDEO TAPE)

JEFF ZIENTS, WHITE HOUSE COVID-19 TASK FORCE COORDINATOR: And we're working to put this pandemic behind this as fast as we can.

FIELD (voice-over): But the spread of new COVID-19 cases is also yet again moving quickly.

GOV. JAY INSLEE (D-WA): Vaccines great. But if these numbers skyrocket, that vaccine is not going to bail us out.

FIELD: Nearly 80,000 new infections reported across the country on Thursday.

GOV. GRETCHEN WHITMER (D-MI): The year-end we all know what works and this has to be a team effort. We have to do this together. Lives depend on it. FIELD: The governor of Michigan urging high schools to go remote as her state faces among the highest number of new cases per capita in the nation.

Part of a surge in the upper Midwest where some cases are tied to youth sports and the prevalence of more transmissible variants.

ZIENTS: We will be offering to states with significant increases in cases a set of additional tools to help them to stem the spread.

FIELD: In part that means making sure every distributed dose of a vaccine is administered. One quarter of American adults are now fully vaccinated.

DR. ROCHELLE WALENSKY, CDC DIRECTOR: Our vaccination efforts this week have continued to accelerate.

FIELD: The White House Task Force saying there is enough supply to maintain the current average of about 3 million daily shots in arms, that despite a Johnson and Johnson manufacturing setback that's slowing their output and worrying governors over depending on their shipments.

GOV. LARRY HOGAN (R-MD): We were told two days ago that we were going to have an 85 percent cut in the doses of J&J was about 80,000 dose reduction for us.

FIELD: Still health experts predict we could soon be at the point where supply outpaces demand.

DR. VIVEK MURTHY, SURGEON GENERAL: As more and more Americans gain access to the vaccine. I'm happy to share that vaccine confidence is rising.

FIELD: There are however, some concerns over the AstraZeneca vaccine which isn't available in the US. Several vaccine advisors to the federal government now saying they wouldn't take the AstraZeneca vaccine themselves if given another option.

Dr. Anthony Fauci says he doesn't foresee a need for the AstraZeneca vaccine in the US, but officials insist more does need to be done to combat vaccine hesitancy in order to get your herd immunity.

[17:35:00]

MURTHY: Millions of people still have questions about the vaccine. And misinformation and disinformation continue to spread.

FIELD: Amid a handful of reports of breakthrough infections, illnesses and deaths among elderly people who are fully vaccinated, Fauci responding by saying that in very small numbers is expected.

DR. ANTHONY FAUCI, CHIEF MEDICAL ADVISER TO PRESIDENT BIDEN: There's nothing there yet. That's a red flag. We obviously going to keep an eye out on that very, very carefully. But I don't see anything that changes our concept of the vaccine and its efficacy. (END VIDEO TAPE)

FIELD: All right, you heard Dr. Fauci there saying no red flags. These breakthrough infections remain rare. But Fauci says the federal government is tracking any reported cases of them. The surgeon general going on to say that confidence in these vaccines is high, and that they are effective, Wolf.

BLITZER: Alexandra Field in New York, thanks very much. Let's get some analysis from CNN medical analyst, Dr. Leana Wen. Dr. Wen, thanks as usual for joining us. You heard nearly 80,000 cases of Coronavirus were reported in the U.S. just yesterday. That's higher by the way than we saw at the peak in July. Yes, I get it seems warnings from public health officials, at least in many parts of the country are being ignored. If we're basing public health behavior off of data. Just how careful do we all need to be right now?

DR. LEANA WEN, CNN MEDICAL ANALYST: We should be careful because I do believe that we are in the middle of a fourth surge. The surge looks different from previous surges because we do have many of the most vulnerable who are already vaccinated and are already protected.

But it's now younger people who are getting hospitalized who are getting severely ill. And I think we have to keep in mind that we have a more transmissible variant. And that means that if we were able to get away with some activities before and to not get infected before, if there's something that's more contagious, we might get infected now (ph) and so if you're not yet vaccinated, sign up and get vaccinated as soon as you can if you're able to, and otherwise continue to keep on masking, continue to avoid indoor crowded gatherings for the time being.

BLITZER: Dr. Fauci, as you heard, he says, breakthrough cases, that's when someone tests positive for Coronavirus after being fully vaccinated. He says that's not necessarily surprising. Can you explain what that means?

WEN: Absolutely, the vaccines that we have are extremely effective at preventing infection, but they're not 100 percent. There's nothing that's 100 percent. And so you are still going to see some infections that breakthrough, even in people who are fully vaccinated, some of those people may even become hospitalized or become severely ill, in large part because we do have some of the most vulnerable who have received the vaccine who may already be very medically frail.

So that's why it's really important for us to understand exactly what numbers we're talking about here. Very likely, the numbers that we're seeing are very, very low. We're talking about hundreds of breakthrough infections and hundreds of thousands of people in a particular area. But we need to see exactly what these cases are, what variants are involved, and also how severe are these cases, because if it turns out that these breakthrough infections also tend to be less severe, that in itself would also give us even more confidence about the effectiveness of the vaccine in preventing severe infection.

BLITZER: I want to turn to the Johnson & Johnson vaccine. I know you -- that's the single dose vaccine that you received. We're not learning that there may be some rare adverse reactions. Tell us what exactly is going on? Because I know you've studied this very closely. Are you concerned at all?

WEN: So it appears now that there are four reported cases of blood clots and low platelets and people who have received the Johnson & Johnson vaccine. However, I've just want to emphasize this is not proven as a link and actually, we don't even know the numbers of what we're talking about, as in, we know that when you give lots of vaccines to hundreds of millions of people, you are going to see naturally some health events occur. We need to understand what is the baseline level of these health events occurring compared to those who received the vaccine to really understand. A full investigation is absolutely needed and needs to be done quickly and transparently.

I will say that I myself, as you mentioned Wolf, having taken the vaccine just over a week ago, I am not personally concerned because there is not yet evidence that links any of these adverse events to the vaccine.

BLITZER: Good point, Dr. Wen, thanks as usual for joining us. Coming up. Sad news out of the United Kingdom Prince Philip of the husband of Queen Elizabeth has died at the age of 99. We're going to London for an update.

(COMMERCIAL BREAK)

[17:43:38]

BLITZER: We're following important developments in Britain that were Prince Philip the Duke of Edinburgh and husband of Queen Elizabeth died today. He was 99 years old. CNN's Bianca Nobilo is joining us from Windsor right now. Bianca, so how's the UK handling the news of Philip's death?

BIANCA NOBILO, CNN CORRESPONDENT: Well, Wolf, where I am right now we're expecting more details about the funeral, namely the date which people are waiting to hear. We'll expect to hear that tomorrow. And we do know that the funeral will be in line with customs and with the Duke of Edinburgh's wishes, but for tonight, a shocked and saddened nation remembers the legacy of an irreplaceable figurehead in British life.

(BEGIN VIDEO TAPE)

NOBILO (voice-over): Tonight, the end of an era in the royal family, Prince Philip, the Duke of Edinburgh, passing away today at the age of 99. The man who stood resolutely by the side of Queen Elizabeth II for more than 73 years now lies at Windsor Castle, draped in his personal standard.

The announcement came just after midday, a simple note placed on the gates of Buckingham Palace in London. Reading in part, it is with deep sorrow that Her Majesty the Queen announces the death of her beloved husband. The Dukes body will remain at Windsor Castle where members of the royal family will be able to come and pay their respects. The British Prime Minister among those paying tribute.

BORIS JOHNSON, BRITISH PRIME MINISTER: Like the expert carriage driver that he was. He helped to steer the royal family and the monarchy. So it remains an institution indisputably vital to the balance and happiness of our national life.

[17:45:17]

NOBILO: A somber silence at the royal families to London residences, Windsor and Buckingham Palace as crowds gathered.

UNIDENTIFIED MALE: He was a big symbol for a lot of people in England, and it's nice to pay our respects to him.

UNIDENTIFIED FEMALE: I have deep respect for the queen. I love her. I think she's a wonderful woman, and I'm very sad for today because she's a life partner.

NOBILO: His death while a shock to the nation was not unexpected. In March, the Duke left the hospital following a month stay where he underwent heart surgery. He left in high spirits plans to celebrate his 100th birthday in June continued. Earlier in March headlines would rock the royal family involving allegations of racism.

MEHGAN MARKLE, DUCHESS OF SUSSEX: Also concerns and conversations about how dark his skin might be when he's born.

NOBILO: But Prince Harry making it clear those racist sentiments were not delivered by Prince Philip or the queen. Since marrying Queen Elizabeth in 1947, Prince Philip left an indelible mark on the many public figures he met, including a host of U.S. presidents Eisenhower, Ford, Kennedy and Obama.

President Biden whom Philip never met personally praise the Dukes decades of devoted public service adding that his legacy will live on.

As funeral arrangements are now being made questions will inevitably turn to who will attend and whether his grandson Prince Harry will make that trip from California. For the next few days, flags will be lowered and a book of condolences opened. The nation mourns with Her Majesty the Queen at the loss of her beloved husband.

(END VIDEO TAPE)

NOBILO: Funeral plans that have been many years in the making have now been drastically altered to comply with the U.K. Coronavirus restrictions, so where we'd expect thousands of people to attend and want to pay their respects on the day, only 30 will be able to attend the funeral. But as traveled into the United Kingdom is permitted for compassionate grounds including funerals, it is possible, Wolf, for Prince Harry to attend.

BLITZER: You may rest in peace and may his memory be a blessing. Bianca, thank you very much for that report. Coming up. The financial future of the powerful NRA gun lobby here in the United States is hanging in the balance as prosecutors accused the group of abusing the bankruptcy process. And later, we'll have an update on all the late breaking developments of the Derek Chauvin murder trial everything that occurred today.

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[17:52:15]

BLITZER: Prosecutors are accusing the National Rifle Association of exploiting the bankruptcy process to sidestep its growing legal troubles. The powerful gun lobby is facing a lawsuit in New York for allegedly violating the state's charity laws and misusing funds. CNN's Brynn Gingras is working this story for us.

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BRYNN GINGRAS, CNN NATIONAL CORRESPONDENT (voice-over): The financial future of the National Rifle Association may be decided in a Texas bankruptcy court and a trial that kicked off this week. The NRA is hoping a judge will allow it to restructure seeking Chapter 11 even after the country's largest gun lobbying group said just this January that it was quote, in its strongest financial condition in years. It's one reason why prosecutors argued the RNA's bankruptcy request is just a ploy to escape legal troubles in New York, calling it in court --

MONICA CONNELL, NEW YORK ASSISTANT ATTORNEY GENERAL: A master class in bad faith and dishonest conduct.

GINGRAS: Back in August, New York Attorney General Letitia James sued the NRA.

LETITIA JAMES, NEW YORK ATTORNEY GENERAL: We are seeking an order to dissolve the NRA in its entirety.

GINGRAS: Accusing the organization which is registered as a nonprofit in New York of violating the state's charity laws. James singled out members of the NRA leadership for misusing funds, particularly longtime CEO Wayne LaPierre.

JAMES: Mr. LaPierre spent hundreds of thousands of dollars of the NRA's charitable assets for personal private plane trips for himself and his family.

GINGRAS: The NRA claimed that the suit was politically motivated and countersuit. And in court this week, LaPierre said his use of NRA funds was necessary.

WAYNE LAPIERRE, NRA CEO: For security, as a security retreat.

GINGRAS: Arguing he needed to take shelter on a friend's yacht after a string of mass shootings. Quote, I was basically under presidential threat without Presidential Security in terms of the number of threats I was getting. And this was the one place that I hope could feel safe where I remember getting there going, then God I'm safe. Nobody can get me here.

LaPierre's defense prompted gun control advocates to mock his notorious tagline.

LAPIERRE: to stop a bad guy with a gun. It takes a good guy with a gun.

GINGRAS: One activist saying the only thing that stops a bad guy with a gun is a good friend with a yacht.

The courtroom battling may end with a blow to the NRA, which is already facing a shift in support in the wake of more mass shootings.

JOE BIDEN, PRESIDENT OF THE UNITED STATES: Gun violence in this country is an epidemic, we say --

GINGRAS: And now a new administration calling for more action on gun control. A judge is expected to decide if the NRA can file for bankruptcy next week.

(END VIDEO TAPE)

[17:55:09]

GINGRAS: And Wolf really no matter which way the judge decides on this bankruptcy trial, the NRA could face more legal troubles down the line. As James has said she referred much of her findings to the IRS, Wolf.

BRITZER: Brynn Gingras reporting in New York. Thanks very much. Coming up. Key developments in the Derek Chauvin murder trial today as the medical examiner who conducted George Floyd's autopsy stood by his conclusion that it was a homicide. And we're also waiting for public remarks from Congressman Matt Gaetz as he fends off a federal sex trafficking probe at a new House Ethics Committee investigation.

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