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EARLY START

Former President George H.W. Bush Lies In State At Capitol Rotunda; Special Counsel Robert Mueller To File Sentencing Memo For Michael Flynn; President Trump Urges Maximum Sentence For Michael Cohen; Will North Carolina Voter Fraud Scandal Lead To New Election? Aired 5:30-6a ET

Aired December 4, 2018 - 05:30   ET

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


(COMMERCIAL BREAK)

[05:30:49] CHRISTINE ROMANS, CNN ANCHOR: Right now, inside the Capitol Rotunda, George Herbert Walker Bush lying in state. President Trump, last night, paid his respects as funeral details are now revealed.

DAVE BRIGGS, CNN ANCHOR: After a year of silence, we're about to hear how much Michael Flynn knows about the president's ties to Russia. Critical details expected today from the special counsel.

ROMANS: The CIA director briefing select senators today on the Jamal Khashoggi case. Her absence last week drew scorn from lawmakers.

BRIGGS: And another assault allegation against a former NFL star, Kareem Hunt. One NFL announcer says enough with the second chances. And, Twitter has pointed out the irony that Colin Kaepernick, today, remains unsigned while Reuben Foster, a domestic abuser, claimed by the Redskins.

Welcome back to EARLY START, everybody, on a Tuesday. I'm Dave Briggs.

ROMANS: And, I'm Christine Romans. It is 31 minutes past the hour.

At this hour, George Herbert Walker Bush is lying in state in the Capitol Rotunda. His body will remain there until tomorrow morning for public viewing.

President Trump and the first lady among the visitors paying respects last night. After a moment of silent prayer, Mr. Trump saluted America's 41st president while Mrs. Trump held her hand over her heart.

BRIGGS: Later today, the president will visit the Bush family at Blair House. That's across the street from the White House.

Lines to view President Bush still stretching into the early morning hours.

We get more now from CNN's Sunlen Serfaty on Capitol Hill.

(BEGIN VIDEOTAPE)

SUNLEN SERFATY, CNN CONGRESSIONAL CORRESPONDENT: Good morning, Christine and Dave.

Well, there have certainly been so many moving moments as the nation honors the life and the legacy of former President George H.W. Bush up here on Capitol Hill. There was so much emotion on Monday, especially from his family as they watched his casket slowly being carried step- by-step into the U.S. Capitol where he once served, of course, as a congressman from Texas.

His body, right now, lies in state in the Rotunda of the Capitol. It was open all night for members of the public to come in and pay their respects.

Now, earlier in the day, there was a ceremony here on Capitol Hill where the common theme was certainly not only speaking about the achievements of the former president but mostly, about who he was as a man. That he was humble, that he was kind, that he was someone who established deep relationships here in Washington.

REP. PAUL RYAN (R-WI), SPEAKER OF THE HOUSE: He showed us that how we live is as important as what we achieve. His life was a hymn of honor. His legacy is grace perfected. His memory will belong to glory.

SERFATY: And the former president's body will continue to lie in state overnight tonight until Wednesday, where it will be brought to the National Cathedral for his first memorial service where there, he will be eulogized by his son, former President George W. Bush -- Christine and Dave.

(END VIDEOTAPE)

ROMANS: All right, Sunlen. Thank you for that.

In addition to Bush 43, President Bush will be eulogized by former Canadian Prime Minister Brian Mulroney, former senator Alan Simpson, and presidential historian John Meacham.

President Trump will attend the funeral Wednesday at Washington's National Cathedral. He will not speak. Presidents are traditionally asked to give a eulogy but plans for the Bush funeral were in place before Mr. Trump was elected and there is another president in the Bush family to speak, anyway.

BRIGGS: There is, indeed.

All of the living presidents expected to attend Wednesday's funeral which should make for some fascinating political theater, putting President Trump side-by-side with predecessors he has harshly and personally criticized. Oh, about that "lock her up" chant could come up.

Bush 41 will be buried wearing socks that feature jets flying in formation, an homage to his life of service starting as an 18-year-old naval aviator in World War II.

Also, the U.S. Postal Service will suspend regular mail deliveries tomorrow for the National Day of Mourning honoring George H.W. Bush.

ROMANS: All right, let's go live to Washington and bring in "Politico" reporter and co-author of "Politico Playbook," Daniel Lippman.

BRIGGS: Good morning.

ROMANS: Nice to see you.

DANIEL LIPPMAN, REPORTER, POLITICO, CO-AUTHOR, POLITICO PLAYBOOK: Good morning.

ROMANS: You know, as I was watching this memorial service last night and just how somber it was, and I wondered does the Washington of George Herbert Walker Bush still exist? That multilateral man who supported multinational organizations and groups meant post-war to keep the world safe. That is not the nationalist talk we hear around the world today.

[05:35:22] LIPPMAN: No, it seems like it was a totally different era.

And so, if there can be some good taken from his death, perhaps the politicians who go to his funeral and are taking in all of the different memorials to him can actually say well, in the new Congress maybe we can work together and try to emulate President -- former President Bush's legacy instead of having very divisive politics that we live in today where the president and Democrats and Republicans, they don't seem to care about the country. Often, it's more about scoring political points. That's kind of a tired phrase but that's just the truth.

BRIGGS: Yes, it was nice to see Democrats and Republicans in the House and Senate join hands and share in mourning Bush 41. But it does feel like we're not just mourning the loss of a president, of a war hero, of a great man, but of an idea, of a concept, of a type of politics that will die --

ROMANS: Of civility, too. Of civility, too.

BRIGGS: -- with George H.W. Bush -- yes.

ROMANS: You know, we talk about the list -- you know, the living presidents will all be there together --

BRIGGS: Yes.

ROMANS: -- and I think that it's going to show the continuity of the office and maybe -- I hope it will be less political theater than we fear.

BRIGGS: Well, you wrote -- you wrote about this --

LIPPMAN: Yes.

BRIGGS: -- and the presence of President Trump and how the Bush family did want him there. But what will unfold with this fascinating awkward political theater, do you think?

LIPPMAN: Yes, President Trump has shown almost abnormal normality --

BRIGGS: Yes.

LIPPMAN: -- in the last couple of days, although he has been tweeting a lot about the Russia investigation and clearly is worried about that, but that is kind of standard course for him.

And so, you know, I talked to a lot of people who worked for both President Bushes and they said that the late President Bush wanted to put the divide between the Trump and the Bush families behind him in his death.

He wanted to basically say President Trump, I'm going to take the higher road. You can come to my funeral. I'm not going to exclude you, like John McCain, but you kind of -- it's a deal. You have to act presidential if you're going to go to my memorial service.

ROMANS: Let me ask you about trade. The president also tweeting about trade and what a win that was, and how the Chinese are going to buy mega amounts of agriculture and energy. The Chinese, by the way, officially have not even really said that they're going to -- that they're going to do these things.

How big of a breakthrough -- from where you are in Washington, how big of a breakthrough was that trade clause that the president managed?

LIPPMAN: Oftentimes, deals that are struck in Argentina or elsewhere sometimes can be larger than the -- what initially meets the eye or smaller.

And so, you have a situation where President Trump -- he really wanted a win out of the G20. This was one of the few summits that he actually didn't mess up. He wasn't cutting the Macedonian prime minister in line for a photo op. He acted pretty presidential.

But in terms of the actual deal, there is no specifics that we have.

BRIGGS: Yes.

LIPPMAN: And he's also appointed Robert Lighthizer, who is a real trade hawk, to do the negotiations and the Chinese don't like him. They prefer to deal with Steven Mnuchin but Trump was tired of having Mnuchin not get a good enough deal --

BRIGGS: Yes.

LIPPMAN: -- and so he wanted to kind of bring in the heavy.

BRIGGS: This agreement, perhaps, lost in translation, at least for the time being. Daniel, good to have you here. Thank you, my friend.

LIPPMAN: Thank you.

ROMANS: All right.

Special counsel Robert Mueller is expected to file a sentencing memo for Michael Flynn. The document could provide critical new details about what Mueller knows and where his investigation is headed.

Flynn was forced to resign as National Security adviser in February 2017. The White House says he was let go because he misled Vice President Pence about his conversations with a Russian diplomat.

In December of 2017, Flynn pleaded guilty to lying to the FBI and agreed to cooperate with Mueller.

BRIGGS: The special counsel also expected to file a sentencing memo for former Trump campaign chairman Paul Manafort by Friday. At least some of the memo will be made public. Mueller has promised to lay out the specifics of Manafort's alleged lies which led to the termination of his plea deal.

ROMANS: Later today, CIA director Gina Haspel is expected to brief a small group of lawmakers on the murder of "Washington Post" journalist Jamal Khashoggi. Some senators slammed the Trump administration last week when they were denied a CIA briefing on the case. Haspel may be able to provide details about that audiotape of the murder.

[05:40:06] The briefing last week, without Haspel, triggered a backlash with senators voting to advance a resolution that would cut U.S. military support to the Saudis for the war in Yemen.

BRIGGS: In an editorial for "The Wall Street Journal," Republican Sen. Lindsey Graham says, quote, "The recent vote should show Saudi Arabia and the Trump administration that Congress isn't mugging for the cameras. We are a coequal branch of government exercising leadership to safeguard the country's long-term interests, values, and reputation."

And here's the kicker. "After all, someone's got to do it."

ROMANS: All right, "I think I'm the most qualified person in the country to be president." The words of former Vice President Joe Biden during a book tour -- a stop on a book tour in Missoula, Montana.

Biden says his family must now decide as a unit whether they're prepared for a White House bid. He says a decision will be made in the next six to eight weeks.

Biden sounds like he's already in campaign mode. He told the moderator, "I am a gaffe machine but my God, what a wonderful thing compared to a guy who can't tell the truth. The question is what kind of nation are we becoming?"

BRIGGS: We can imagine those debates between Biden and Trump. Boy, would that be some fascinating television?

Seventy-six years young. Is age no longer an issue?

ROMANS: I don't know. I mean, in today's -- in today's -- I mean, these guys run, you know, how many miles a day?

BRIGGS: Yes.

ROMANS: You know, like, in general, people, I think, are healthier now. I don't know.

BRIGGS: It will be fascinating.

Ahead, could voters in North Carolina's 9th district have to vote all over again? Absentee ballots that helped swing the race are under new scrutiny this morning.

ROMANS: Isn't he a runner? Isn't Biden a runner?

(COMMERCIAL BREAK)

[05:45:50] ROMANS: Breaking overnight, an easing of tensions between Russia and Ukraine. Russia partially unblocking Ukraine's ports on the Azov Sea, allowing ship traffic to resume through the Kerch Strait.

In a confrontation last week, Russia rammed and fired on Ukrainian ships, capturing three of them and detaining 24 service members.

Ukraine imposed martial law for 30 days in several regions in response. Ukraine says it welcomes the restored access but is awaiting the release of its service members.

BRIGGS: The death of a top admiral overseeing U.S. naval forces in the Middle East over the weekend was an apparent suicide. CNN reported on Saturday that Vice Admiral Scott Stearney was found dead in his residence in Bahrain. Officials say there is no evidence of foul play.

The U.S. Navy's Fifth Fleet oversees operations in areas like the Red Sea and the Persian Gulf.

ROMANS: A voter fraud scandal in North Carolina may ultimately lead to a new election. Officials in the state's 9th district investigating allegations that absentee ballots were tampered with in the -- in the tight congressional race between Republican Mark Harris and Democrat Dan McCready.

Now, a review of some ballots revealed many were signed by the same small group of people, some connected to a longtime operative working for Harris' campaign.

BRIGG: A set of 161 absentee ballots obtained by CNN showed the same nine people signed at least 10 absentee ballots each and that many of those nine people seemed to know each other. Republican operative Leslie Dowless denied any wrongdoing to the "Charlotte Observer." McCready conceded last month after results showed Harris won by just 905 votes.

ROMANS: The police chief in Springfield, Missouri promising to do better with the city's response to sex crime cases. A CNN investigation revealed rape kit destruction was a regular agency practice.

Chief Paul Williams apologizing. He's inviting victims to contact him if they felt their assaults were not handled properly.

BRIGGS: He says going forward, the department will no longer give sex crimes a 10-day deadline to respond to investigators.

CNN's investigation found more than two dozen law enforcement agencies in 14 states destroyed at least 400 rape kits tied to cases that could still be prosecuted. The number is likely much higher.

ROMANS: All right, let's get a check on "CNN Business" this morning.

Global stock markets are lower as excitement about that U.S.-China trade truce is starting to fade.

Asian stocks closed mixed. The Nikkei closed down 2.4 percent. Shanghai, in Hong Kong, up slightly.

European stock markets slightly lower in early trading there. Again, the fading excitement looking to extend to Wall Street this morning. Futures are lower.

On Monday, investors initially cheered that trade truce. The Dow rose 288 points.

But look at this -- the U.S. -- the major U.S. averages. That's still only about one percent. You would think if you really thought the trade war had a good shot of being over you'd have a bigger gain than that.

The U.S. and China have 90 days to resolve trade issues that have been in contention for years, if not decades.

Tumblr is cracking down on adult content. Starting December 17th, Tumblr says it is banning images and videos that feature adult content, including pornography, from the platform. Tumblr says it will make exceptions for non-sexual content like breastfeeding photos and health-related situations like mastectomies.

By expanding its list of banned material Tumblr says it wants to make people feel more comfortable expressing themselves on the platform. Tumblr will still allow written adult content, including Erotica, FanFiction, and other creative writing.

Netflix has big plans for the new year. During a conference Monday, Netflix chief content officer says he expects Netflix will shell out even more on original content next year after spending more than $8 billion this year. Twenty-nineteen will also bring Netflix some competition. Disney and AT&T have unveiled plans to launch their own direct-to-consumer platforms in the new year. The chief officer there at Netflix said it is uninterested in expanding into live and sports programming. It's going to put original content first.

Social media, by the way, went into a tizzy after reports that that popular sitcom "FRIENDS" will be leaving the platform. Users said they would cancel their subscriptions if they don't have Ross and Rachel and the crew.

[05:50:02] BRIGGS: My son might have weighed in on that, as well.

ROMANS: The -- so this is what Netflix responded to that, saying, "The Holiday Armadillo has granted your wish: "FRIENDS" will still be there for you in the U.S. throughout 2019" -- which I think is curious. What about after 2019?

BRIGGS: Yes, we'll see.

ROMANS: You'll have to go to the AT&T streaming service --

BRIGGS: Could be.

ROMANS: -- because they own Warner Bros.

BRIGGS: That is Ross, of course. Santa's representative for all the southern states and Mexico --

ROMANS: Too funny.

BRIGGS: -- the Holiday Armadillo.

ROMANS: Too funny.

BRIGGS: We'll be right back.

(COMMERCIAL BREAK)

[05:55:04] ROMANS: A storm system is targeting California and the eastern U.S. is bracing for colder temperatures.

Here is meteorologist Pedram Javaheri.

(BEGIN VIDEOTAPE)

PEDRAM JAVAHERI, AMS METEOROLOGIST: Dave and Christine, good morning, guys.

Yes, what an incredible pattern here because for the second time in as many weeks we're getting another system and frankly, another impressive system pushing in across the western United States.

And the state that needs the most here gets quite a bit of rainfall over the next 24 hours across this region. And we're talking about some of these areas -- not just the northern and central California, but some of these areas across Southern California picking up a significant amount of rainfall over the next couple of days, potentially making Los Angeles -- would you believe it -- one of the wettest spots in the country towards the middle of this week. So, good news in that regard.

And, of course, this all translates the high elevations. Sierra, snow showers, which is great for the water reserves as we go in towards next summer. So good news all the way around and, of course, much needed, even stretching far into Southern California.

But look at the broad perspective here. Besides the fact that it's relatively quiet across much of the U.S., the temperatures are uniformly cold, some five to 10 degrees below average. That will keep places like Chicago and New York City into the 30s. Atlanta, only into the 40s.

The trend will only get colder here as we go in towards the latter portion of the week as we get a pretty frigid set-up here going in towards Friday and Saturday -- guys.

(END VIDEOTAPE)

ROMANS: All right, Pedram. Thank you for that.

The Pennsylvania Supreme Court has rejected a request to release names of 11 unidentified priests in a clergy abuse grand jury report. The court says keeping the priests' identity secret is the only way to protect their right to reputation under the state constitution.

The state attorney general says while his office can't release the names, the state's Catholic bishops can and should.

An August grand jury report detailed decades of sexual abuse of children by hundreds of priests. The names of more than 270 priests were released in that report.

BRIGGS: A new assault allegation against former Kansas City Chiefs running back Kareem Hunt. He's accused of kicking a man, this time, at a Kansas City nightclub back in January, according to the police report. Hunt and several others repeatedly hit the victim, breaking his rib and his nose.

The victim did not pursue charges.

The Chiefs released Hunt Friday after video surfaced showing Hunt assaulting a woman in February. He has since apologized.

Another NFL domestic abuse case came up on "MONDAY NIGHT FOOTBALL." Washington recently claimed Reuben Foster after he was cut by the San Francisco 49ers following allegations of domestic battery.

"MONDAY NIGHT FOOTBALL" announcer Jason Witten, a former NFL tight end, says it sends the wrong message.

(BEGIN VIDEO CLIP) JOE TESSITORE, PLAY-BY-PLAY BROADCASTER, MONDAY NIGHT FOOTBALL: So, the Redskins willing to take a chance on Reuben Foster. Should they have?

JASON WITTEN, ESPN COLOR COMMENTATOR, MONDAY NIGHT FOOTBALL, FORMER NFL TIGHT END: One hundred percent, no. I believe the Washington Redskins used horrendous judgment in claiming this guy.

And I understand that it's an ongoing investigation. But my family has been affected by domestic violence. I understand the anguish that it causes.

And, you know, young players just have to understand there is no tolerance for putting your hands on a woman, period.

(END VIDEO CLIP)

BRIGGS: Witten has a foundation fighting domestic abuse but he did play alongside Greg Hardy, a convicted domestic abuser.

Redskins' president Bruce Allen told ESPN the team did its own investigating and felt comfortable they heard a side of the Foster story that was different.

ROMANS: All right.

A holiday light display in Austin, Texas is lighting up 911 switchboards. Chris Heerlein was inspired by "National Lampoon's Christmas Vacation" where Clark Griswold is hanging from his roof while trying to put up Christmas lights.

On Monday, a man driving past his house dialed 911 and stopped to help. Look, he's going to climb the ladder and get that guy down before he released oh, it's only a dummy.

The Good Samaritan is Alfred Norwood, Jr., a veteran. The homeowner tracked him down afterward, invited home over and thanked him for this service, and awarded him with a $500 gift card for the holidays.

BRIGGS: There's a lot to love there. They now have up a sign that says do not call 911, this is not real.

And yes, your kids can watch "Christmas Vacation" and should.

ROMANS: I'm on common -- I'm on common sense media. It says they're a little too young.

BRIGGS: You're a softie.

ROMANS: I'm the break -- sees the accelerator.

BRIGGS: Yes.

ROMANS: That's the way it goes.

Thanks for joining us. I'm Christine Romans. BRIGGS: I'm Dave Briggs. "NEW DAY" starts right now. We'll see you tomorrow.

ROMANS: Totally true.

(BEGIN VIDEO CLIP)

SEN. MITCH MCCONNELL (R-KY), SENATE MAJORITY LEADER: This hero has returned to the Capitol a final time.

UNIDENTIFIED MALE: What we see is a man whose service was not driven by political gain or power.

MIKE PENCE, VICE PRESIDENT OF THE UNITED STATES: May God bless the memory of George Herbert Walker Bush.

JAMES CLAPPER, CNN NATIONAL SECURITY ANALYST, FORMER DIRECTOR OF NATIONAL INTELLIGENCE: It could be a momentous week. These court filings could be quite revealing.

UNIDENTIFIED MALE: These two tweets together, it's part of a very disturbing pattern.

UNIDENTIFIED MALE: He talked about Roger Stone telling the truth. That is tantamount to obstruction of justice.

JEFFREY TOOBIN, CNN LEGAL ANALYST: This is potentially an abuse of power that could lead to impeachment.

(END VIDEO CLIP)

ANNOUNCER: This is NEW DAY with Alisyn Camerota and John Berman.

JOHN BERMAN, CNN ANCHOR: Welcome to our viewers in the United States and all around the world. This is NEW DAY. It's Tuesday, December fourth, 6:00 here in Washington.

Former President George H.W. Bush lies in state this morning at the U.S. Capitol. Look at that.

ALISYN CAMEROTA, CNN ANCHOR: That's incredible.

BERMAN: These are live pictures, right?

CAMEROTA: Yes, what a view.

BERMAN: And it's 6:00 a.m. and surrounded by the Honor Guard --