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Jury Asks Question to Judge in Lindsay Clancy Trial; This Hour, Hearing on Trump's Birthright Citizenship Order; Legal Roller Coaster Over Mail Voting Intensifies Ahead of Midterms. Aired 10-10:30a ET

Aired August 28, 2026 - 10:00   ET

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

WOLF BLITZER, CNN ANCHOR: Happening now, verdict watch.

[10:00:00]

The fate of Lindsay Clancy now lies in the hands of nine women and three men. Will they find her criminally responsible for killing her three young children?

Plus, loss of life, the death toll climbs to more than 500 in Nepal from the flashfloods, as rescuers dig through the mud and debris to try to find the 1,300 people who are still missing.

And mail-in ballot pause. A judge temporarily blocks President Trump's plan to have the post office limit mail-in voting for the upcoming midterm elections. Virginia Governor Abigail Spanberger is one of the plaintiffs. She's standing by to join us live here in The Situation Room to discuss what's next in the fight for American voting rights.

And summer of COVID. Yes, the FDA now approves four new coronavirus vaccines as cases climb in almost every state.

Welcome to our viewers here in the United States and around the world. I'm Wolf Blitzer. Pamela Brown is off today. You're in The Situation Room.

We begin with the breaking news out of Massachusetts. Lindsay Clancy's fate is now in the hands of a Massachusetts jury. It's the second day of deliberations. Jurors started yesterday after attorneys presented their closing arguments in the weeks-long trial. The 36-year-old Clancy, a former nurse, is accused of murdering her three young children, five-year-old Cora, three-year-old Dawson, and eight-month- old Callan.

Her defense team does not dispute she killed her children, but argues she should not be held criminally liable. They say she was experiencing postpartum psychosis when she carried out the killings. Jurors can consider first-degree murder, second-degree murder, or manslaughter charges if they find her guilty.

Let's go live right now to CNN Correspondent Jean Casarez who's in Plymouth, Massachusetts. That's where the trial is taking place. Jean, we just learned there's, what, a question from the jury that's just come forward. What do you know? JEAN CASAREZ, CNN CORRESPONDENT: That's absolutely right. We have just learned the jury has a question. So, what is happening now is that everyone is going into the courtroom, and it looks like this will be in open court, so we will be able to see what that question is.

The jury's been deliberating for about an hour this morning. They did about three and a half hours yesterday, but this is the first full day of deliberations. And the question can be interesting. It's not absolutely what everyone wants to know. It could be one juror has a question. It could be that they need a board and they need markers, and they need paper. But it is something significant enough that they have gone into the courtroom, so we'll have to see momentarily what that question is. All attorneys have to be in place. Defendant has to be in place.

We do know, because of our producer, Nicki Brown, in that courtroom right now, that the sister of Lindsay Clancy -- let's go to court live right now and see what's happening.

I think we just heard, as usual, they went to sidebar, and what this normally is, is that the judge is allowing the attorneys to first learn what the question is. They can discuss it before it is announced in open court. That sidebar could be lengthy right there as they're hashing out what the response should be to the jury of what they've asked.

But the sides are so polarized in all of this because the defense is saying that the bipolar became the psychosis because of, number one, the medical care and the lack of understanding what she was diagnosed with, and incorrect medications.

Let's listen to the defense from yesterday.

(BEGIN VIDEO CLIP)

KEVIN REDDINGTON, DEFENSE ATTORNEY: This woman lived for her kids until she had the pleasure running into Dr. Tufts of her two months experience. And after she ran into Dr. Tufts, it was not a wonderful life anymore. And what did Dr. Tufts do? And everybody laughs at me. I said the television, okay, I know it's a tele-medical thing on the, on your telephone or on a Zoom, take more pills.

(END VIDEO CLIP)

CASAREZ: The prosecution is saying no, her actions told it all. She knew right from wrong.

(BEGIN VIDEO CLIP)

JENNIFER SPRAGUE, PROSECUTOR: You know that she knew the difference between right and wrong during that time because she had those thoughts at the beginning of December of harming her kids, and she told Patrick and her mother about them.

[10:05:04] She killed him, and she left him there on the floor with the bands around their necks. She didn't bring them up to their beds and put them with their favorite stuffed animal and cover them up gently and lovingly, leaving them peacefully there. No. She left them discarded on the basement floor like broken toys because she was done playing the game.

(END VIDEO CLIP)

CASAREZ: And this jury is nine women and three men. The foreperson is a woman. And Wolf, one hour of deliberations today, they already have a question. We should learn soon what that is.

BLITZER: Is the assumption that the nine women, as opposed to the three men on the jury, the nine women will be more sympathetic potentially to her? Is that the assumption?

CASAREZ: I don't think we can make an assumption because I've been talking to people around here and there are people that I have spoken to that do believe that she conceivably knew right from wrong, that the events of that day were significant and she made a lot of decisive actions. On the other hand, the emotional factor, the postpartum medication, the bipolar that was never diagnosed, there is sympathetic nature for that and understanding.

But the psychosis is all internal. There are no external signs of the psychosis. Her decision-making throughout the day on the 24th, you see that. You can see that she actively knew what she was doing for the vast majority of that day.

BLITZER: All right. So, you'll let us know, Jean, what the question the jurors want answered and we'll have that. That'll be coming up.

Jean Casarez, thank you very much, doing an excellent job covering this trial for us.

And there's other breaking news we're following here in The Situation Room right now. A hearing is underway as a federal judge considers President Trump's latest efforts to try to curb birthright citizenship. Immigrant rights groups want to temporarily block the president's executive order signed three weeks ago to end automatic citizenship for children born in the United States.

CNN Senior Justice Correspondent Evan Perez is here with me in The Situation Room. Evan, this is the president's, what, second attempt to try to curb birthright citizenship. This is the first major test of this effort. Tell us about that.

EVAN PEREZ, CNN SENIOR JUSTICE CORRESPONDENT: Right, Wolf. I think for viewers who might be thinking that this is a replay of a movie they just saw, it sort of is. The president signed his executive order which attempts for the second time to try to restrict the citizenship of people born in the United States. In this case, the president is testing what the Supreme Court just ruled this summer, which said that people under the 14th Amendment, people who are born in the United States and subject to the jurisdiction of are citizens of the United States.

What's happening today in court in Maryland is a group of civil rights groups are suing to try to block this new order which seeks to restrict it to alien enemies, foreign terrorist organizations, people who are lobbying on behalf of foreign governments. And the president clearly believes that there is another way for him to try to narrow citizenship.

Listen to his comments after the Supreme Court ruled against him this summer. Listen.

(BEGIN VIDEO CLIP)

DONALD TRUMP, U.S. PRESIDENT: We had a very unfortunate decision in the Supreme Court concerning birthright. It was close, but a very, very unfortunate decision. So, we're making adjustments because it's very unfair.

STEPHEN MILLER, WHITE HOUSE DEPUT CHIEF OF STAFF FOR POLICY: The president is using his authority as commander-in-chief to sign, enforce an executive order using the new ruling the Supreme Court issued to expand the definitions of people who are ineligible for birthright citizenship.

That includes, for example, alien enemies of the United States, members of foreign terrorist organizations, and large categories of people who lobby and act on behalf of foreign governments.

(END VIDEO CLIP)

PEREZ: And this order is specifically aimed really, Wolf, at what they call birthright citizenship, which is citizenship tourism, people who come to the United States especially, specifically to try to give birth to gain citizenship for their for their children, and people who are committing fraud, you know, in trying to get citizenship for their children.

And so the question is whether the Supreme Court will go for that. Obviously, it's going to be a long way before we get there. Today, what we're expected to hear from these groups is asking a judge to at least temporarily block the order so that they can litigate this for the coming months.

BLITZER: Well, we'll see what happens. Evan Perez, thank you very, very much.

Also happening now, new audio reveals a shocking moment between air traffic controllers and the crew of Marine One. That's the president's helicopter. The controllers at Ronald Reagan Washington National Airport were having some serious trouble communicating with Marine One yesterday, so they had to rely on other helicopters in the area to relay messages to the presidential chopper.

[10:10:09]

CNN Aviation Correspondent Pete Muntean has more. PETE MUNTEAN, CNN AVIATION CORRESPONDENT: Wolf, that new air traffic control audio lays out the communication problems between the tower at Reagan National Airport and the president's helicopter have not been fixed. The very same scenario on August 4th triggered Marine One getting too close to a departing commercial flight and led to an investigation by the NTSB.

Good radio communication is key. Ever since last year's tragic midair collision of an Army helicopter and landing commercial flight that killed 67 people, Marine One usually radios the control tower at Reagan National Airport to stop departing flights just before lifting off of the White House.

And here's more of that new air traffic control audio in which the pilots of Marine One spend about four minutes trying to reach the tower to no avail, and the air traffic controller in the tower must ultimately rely on other helicopters flying nearby to relay the message. Listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Do me a favor. I can't hear Marine One. If you hear Marine One, can you let me know?

UNIDENTIFIED MALE: Affirm, we have positive comms with Marine One.

UNIDENTIFIED FEMALE: Marine One, are you trying to reach me?

UNIDENTIFIED MALE: Affirm, National Tower, Marine One proceeding as briefed with momentary delay.

UNIDENTIFIED FEMALE: Marine One, roger, there's a helicopter traffic.

(END VIDEO CLIP)

MUNTEAN: The FAA in a new statement clearly referring to that relay maneuver saying the usual three minutes to liftoff notification was, quote, communicated by alternate means. The FAA also insists it responded to the previous incident by relocating radio antennas. But this is maybe the most interesting part. The National Transportation Safety Board said during the first incident, Marine One was lifting off from a different location at the White House due to the construction that's taking place there, and that may have hampered radio reception.

Now, following this new incident, the White House released a statement saying it will work with all agencies to make sure the president is safe. Wolf?

BLITZER: All right. Pete Muntean reporting for us, thank you very, very much.

Still ahead, first, there was the Gulf of America. Now, there's a lake as well. President Trump trolls Canada by signing an executive order to rename Lake Ontario Lake America.

And a sight to see, truly amazing pictures from last night's partial lunar eclipse. Just in case you missed it, we'll show them to you.

You're in The Situation Room.

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[10:15:00]

BLITZER: Happening now, the legal rollercoaster over mail-in voting is intensifying as the country approaches the midterm elections on November 3rd.

Last night, a federal judge temporarily blocked the U.S. Postal Service from carrying out its plan that could limit voting by mail. It marks at least a temporary victory for Democratic states and voter advocacy groups challenging President Trump's directives for the Postal Service. The U.S. Supreme Court gave him a notable but short- lived win on the issue this week.

Joining us now here in The Situation Room is Virginia's Democratic governor, Abigail Spanberger. Governor, thanks so much for joining us.

As you know, Virginia is among the plaintiffs in this specific case. How confident are you this latest ruling will hold up against potential challenge by the Trump administration?

GOV. ABIGAIL SPANBERGER (D-VA): Well, certainly I know that Virginia and so many other states are going to continue to challenge the president's effort to take away a trusted and safe mechanism for people to make their voices heard and for people to vote. In Virginia, we have a safe, a secure, and a strong vote-by-mail program. And, certainly, we also have 45 days of early in-person voting as well.

The continued attacks that we're seeing from the Trump administration is really just an effort to get people fearful, to get people to stay home and in many cases, to eliminate what is a valid, safe, secure way for people to be able to make their voices heard and to vote.

BLITZER: And in Virginia, you have a lot of military personnel who totally rely on mail-in ballots if they want to be able to express their opinions.

SPANBERGER: That's true. It's members of the military service, of our diplomatic service, intelligence services, people serving overseas in service to our country who get their ballots mailed to them at the various postings throughout the world.

And so this is impacting certainly everyday Virginians for whom the vote-by-mail might be a better option, those with disabilities or constraints that preclude them from getting out of the house, and certainly those who are serving our country, particularly those overseas.

BLITZER: As you know, this back and forth in the courts is happening as states are preparing as we speak to send out ballots by mail for the midterm elections. How concerned are you and other governors for that matter about the confusion all this is causing? SPANBERGER: Well, I was just talking about this with our secretary of administration, Traci DeShazer, this morning, in fact, because early voting begins in September in Virginia. And so the confusion, the worry that people have based on, you know, obviously the reports of the Trump administration's actions lead to a lot of confusion.

And so our Department of Elections is working to continuously put out proactive messaging, explain the status of things so that people know how to cast a ballot and what their options are, whether it be vote by mail, in-person early voting, of course, Election Day voting.

BLITZER: You're here right now in the nation's capital, as we know. You didn't have to drive very far to participate in a march on Washington just ahead of the midterms that echoes Dr. Martin Luther King Jr.'s famous 1963 event here in Washington. What specifically do you hope to achieve today, and what will your address during the course of this march suggest?

SPANBERGER: Well, I'll be speaking to the importance of voting rights. And certainly in Virginia, I'm pleased to announce that we have now restored the voting rights of 100,000 eligible voters, people who, because of a felony conviction, lost their voting rights.

[10:20:06]

And Virginia's one of only three states in the country where someone permanently is disenfranchised for a felony conviction. The only way to get your votes restored in Virginia is by an action of the governor.

Now, importantly, we have a constitutional amendment on the ballot this November so that voter restoration will be automatic, but my office and I have taken a strong stance that someone who's paid their debt to communities, someone who has, you know, reentered a community, that they should be able to have their voice back. And in America, we make our voices heard at the ballot box.

And so I'll be speaking to the importance of voting and certainly the work that we've done in Virginia to honor that value for all of our eligible voters.

BLITZER: Certainly, we'll look forward to hearing your speech later today.

I know, as you just point out, your office recently announced that you, in your short time as governor of the Commonwealth of Virginia, have restored the voting rights of more than 66,000 Virginians who lost them due to past felony convictions. Why are you so proud of that, and how do you respond to the criticism you're getting from at least some Republicans that you did this for partisan reasons?

SPANBERGER: Well, so, importantly, two months ago we announced 66,000. As of yesterday it was 100,000. And the critiques are coming because I think they're defending the fact that my predecessor broke the process in Virginia. For years under Democratic governors and Republican governors, there was a straightforward process by which someone, if they were eligible, could get their voter -- voting rights restored. And, unfortunately, under my predecessor he turned what had been an online process into a paper process. Literal stacks of paper were left for us.

And so we put in place an aggressive process by which we look at every person who had had their rights taken from them because of a felony conviction to assess whether they were eligible now to have them restored. And in the cases where they are eligible, we have restored those rights.

It's something I'm incredibly proud of. And, in fact, the reason that we have restored the rights of so many Virginians is because there was a four-year period of time where what would've been the obvious important actions of a governor in our commonwealth weren't being taken. So, there was a backlog of individuals who had earned their rights back but had not yet actually had them restored because until we pass that constitutional amendment this November, it will still be incumbent upon the governor of Virginia to take that action.

BLITZER: Your gubernatorial campaign emphasized your moderate bipartisan record in Congress, as a lot of us remember, focusing in on kitchen table issues like healthcare, food assistance. With that in mind, what's your view of the recent surge of progressive Democrats, some backed by the Democratic Socialists of America, in the primaries nationwide? We've seen this resurgence.

SPANBERGER: You know, certainly I'm focused in on the races in Virginia where we have fantastic candidates running, and we've got states seats that we are looking to flip. You know, I think that across the country, what we're seeing the sort of commonality among candidates who are really surging forward, is candidates who are talking about the issues that matter to people, the concerns about putting food on the table, the concerns about rising prices, the concerns about the chaos that comes out of Washington.

It's something new every day, whether it's attack on our cattlemen in Virginia with the beef tariffs and subsidized beef prices, whether it's the trade war that we're starting with Canada because of the president's actions, or whether it's the war with Iran that continues to endanger our service members and drive up of costs and prices.

And so I think that as we look towards November, I'm anticipating we'll see a lot of wins across the board, and there will be different voices and vibrancy coming to Washington to serve our communities. I'm excited to see quite a few new members of Congress from Virginia sworn in come January of next year.

BLITZER: In Virginia, how big of an issue do you suspect the war with Iran is going to be in the upcoming midterms?

SPANBERGER: I think it's tremendous. We have certainly not only a significant veteran population and community, but active duty service members. We have the -- we're home to the largest naval station in the world. And when you look at the fact that we continue to see the secretary of defense defend his action, not show any recognition of the hardships that our service members are facing, whether it's on the USS Lincoln or in military operations across the world, the risks to them, the -- you know, the estimates that we're seeing now of number of service members who have been wounded in this war with Iran, the lack of honesty, the lack of clarity, the lack of planning, the lack of strategy, and the brazen disregard for the sacrifices of our military, I think that will weigh heavy on many voters' minds when they head to the polls.

BLITZER: A good point. After the 2020 election, I'm sure you remember that, you were still in Congress, you made some headlines for reportedly telling your fellow House Democrats that the party needed to distance itself from socialism.

[10:25:02]

Do you still feel that way now?

SPANBERGER: I absolutely do. I mean, in terms of the words, what does it mean, right? I'm a capitalist. I believe in strong guardrails and safety nets. I believe that we are a country of extraordinary opportunity, and with the extraordinary opportunity and privilege that affords so many of us, we have an incredible responsibility to support our friends, our neighbors, to provide a social safety net that is essential, consequential, and economically important for the success of our nation.

And so I would encourage every candidate across the spectrum, whatever label they may choose, tell people what it is that they are for. Because at the end of the day, people want to know who and what they are casting their ballots for, people want to hear that candidates understand the challenges that they are facing and that they are going to push back against what we're seeing.

I mean, in Virginia, we're looking at more than 300,000 Virginians who are eligible for Medicaid who are on pace to lose their Medicaid if they do not take an action because of the new administrative roadblocks and hurdles that the Trump administration and Republicans in Congress have put in place. Cuts to SNAP, hungry kids in our communities because an effort, the so-called one big, beautiful bill, made financial, substantial, consequential cuts to the way we can deliver supports to our communities in Virginia and across the rest of the country.

And so those are basic values that I think are broadly reflected among so many, that we do not want to see people lose access to healthcare. We do not want to see kids go hungry. And speaking to those issues and how we push back it's going to be consequential to the candidates no matter the label that they choose to use.

BLITZER: Virginia Governor Abigail Spanberger, thanks so much for joining us. Always good to have you here with me in The Situation Room.

SPANBERGER: Thank you so much.

BLITZER: And coming up, in the famous words of political strategist James Carville, quote, it's the economy, stupid. But are lawmakers really listening? New concerns within the Republican Party about how the current state of American affordability could cost them in the upcoming midterms.

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