Transcripts For CNNW CNN Newsroom With Ana Cabrera 20180818

CNNW CNN Newsroom With Ana Cabrera August 18, 2018

Today that White House Council don mcgahn has given three voluntary interviews. To help put that in into perspective a former white water investigator said its like having keys to the kingdom. Ryan nobles is near at the president s golf resort in new jersey. This cooperation is incredibly unusual, so why is mcgahn cooperating and what could he know . Theres a bunch of reasons why hes involved in this situation at the level hes involved in it. But essentially it started because Donald Trumps former criminal lawyers, those that were representing him in the special counsel probe decided it was a good idea for mcgann to voluntary cooperate and the special counsel and not invone Attorney Client privilege. But when that happened according to the New York Times, mcgahn and his lawyer decided there was a concern that mcgahn was being set up to become the fall guy for donald trump when it comes to obstruction of justice. So he decided to fully cooperate. There are few people in the Trump White House that know as much. Heres some of the things he has direct knowledge of. He was there and told donald trump that he would quit if the president made a move to fire the special counsel, robert mueller. Also in january of 2017 mcgahn became aware of the possibility that michael flynn, the former National Security adviser likely lied to the fbi. And he was also warned by Jeff Sessions if the president made a move to fire the Deputy Attorney general rod rosenstein, that Jeff Sessions would likely resign. At this point the president s legal team has not responded to the New York Times report. Sarah sanders says shetheyre n concern. But Rudy Giuliani put out this tweet an hour ago that doesnt talk specifically about the New York Times report. But julian says, quote, time for the Mueller Investigation to file a report. We will release oushrs. The president had nothing to do with the russians and didnt obstruct an investigation. 1. 4 million documents and 32 witnesses know witnesses, no privilege raised. They want this investigation to wrap up. One more point i will make is ive been in contact with someone that has direct knowledge of the mcgahn legal strategy is it relates to all of this. And that person said they would not agree with the insinuation in the New York Times report that somehow mcgahn was providing incriminating information about donald trump. They say that he was just telling the truth as he was required to do. So theres a lot of moving parts to this story and were still waiting for the president himself to respond to what the New York Times is reporting. Ana . Thanks for laying it out there for us. Does this idea of a white House Counsel turned corroborated witness sound familiar to you . Maybe youre drawing parallels to john danny . Mcgahn did too. The New York Times writes worried that mr. Trump would ultimately blame him in the inquiry, mr. Mcgahn told people he was determined to avoid the fate of richard nixon. Mr. John danny joins us now on the phone. John, whats your reaction to all of this and this reporting that you were on mcgahns mind . Hes doing the right thing. Postwatergate they resolved a tricky question of who is the client. White House Counsel, its a office of the president. Hes doing the right thing in representing the office of the president and there can be conflicts between the incumbent and the office. Don did get wrong that i went to prison. I didnt. I was actually in the Witness Protection Program on and off from june of 1973 to january of 1975. The New York Times quoting a former white water investigator saying this is like having the keys to the kingdom. Is that how you see it . Well, it certainly does give them a good guide as to where the problems may or may not be. As for the clarifying remark that mcgahn didnt incriminate the president. We dont know if thats true or not. Probably mcgahn doesnt know if its true or not. He gave them the knowledge he had, which was invaluable to an investigator. Could the president stepped in and prevented mcgahn from talking openly . I think he could. He could do it on a couple basis. First, there would be the Attorney Client privilege, which would cause the special counsel to have to test that and go to court and get it resolved. And there is no privilege for government attorneys. So that would be the one issue. Even probably a stronger basis would be executive privilege where the president can say that he doesnt want people who are helping him in his the collision process testifying before other bodies like the congress or the courts. Thats what nixon did with his tapes. He said they were subject to executive privilege. The court said, well, thats not true when a grand jury sends a subpoena for them. I want to read you a quote from the times article about how mcgahn and his lawyer feared mcgahn was being set up and came up with their plan. Mcgahn and mr. Burke devised their own strategy to cooperate with mr. Mueller to demonstrate that mr. Mcgahn did nothing wrong. John, what do you make of this idea mcgahn was worried about being thrown under the bus . Thats one i understand. That was what prompted me. I didnt talk to the media during water gate or ever when i was in government. I have tried to get them to cover up and it was clear they werent going to, but rather they were going to make me the scape goat for the coverup, and the former attorney general the scapegoat, i took a brief comment that my secretary read to the washington post, the amounap and the New York Times to say i wasnt interested. So i can understand his thinking. Do you think the president should be worried . You know, the investigation if it were as simple as dowd and explained initially the approach they were taking, it would have been over, but it is obviously much more complex. They didnt have all the facts. Im not sure that trump himself has all the facts. Some of his people may have been unwitting in their cooperation with the russians. Some of them might have been unaware of even how they were helping or assisting. So this has to all be sorted out and counterintelligence investigations are not simple. They are often go on for years. John dean, thank you very much. We appreciate your insight. My pleasure. With us now, cnn National Security analyst julia cayenne and former trump adviser steve cortez. Julia, let me move the discussion forward to another topic this weekend. Were talking about e cia chief john brennan. The president tweeting about him, kicking up a notch his rivalry or attack against john brennan writing this, has anyone looked at the mistakes john brennan made while serving as cia director. He will go down as the worst in history. And since getting out hes become nothing less than a loud mouth who got be trust the with the schematiecrets to our count you should believe the president because he fired him because he didnt like when he was saying. Theres no specific allegation that brennan released information. If you look at what donald trump says, we know why he fired john brennen, so thats disturbing to the sense donald trump cares so little for our National Security and the legacy that men like john brennen Carry Forward to help those now in power. Trumps National Security is essentially his own security. But i think it also shows the political nature of what this white house has done with National Security, the fact that Sarah Sanders and the Communications Team are now in charge of when theyre going to decided when the next person loses their security clearance suggests this has nothing to do with the National Security staff and everything to do with distractions not only about omarosa but the story you were just talking about with john dean. These are not good stories for the white house in a deep away. He already took away his security clearance. Why is he continuing to attack him . What is he trying to accomplish . Im glad he did in this case because hes hearkening back. This is not my opinion. Our cia was hacking into the computers of the senate i dont ever Sight Committee who was charged with overseeing his very agency. The fact that he first lied about it and then had to apologize for it. He paid no price. To me that was a constitutional and separation of powers violation. That is so absurd, he should have been fired immediately if not prosecuted and put in prison in my opinion. That was in the past. That was dealt with at the time as you mentioned. It was exposed. So why does this president continue to go after brennen. But thats what the president talked about what the president talked about in his tweet today was his past actions as cia director. By the way, he was absolutely i mean, it was criminal what he did as cia director. That is relevant. Its one reason he doesnt deserve clearance today. Since leaving the cia he and others including clapper and hayden, they have decided in the past former intelligence chiefs used to maintain a certain protocol when they left office. They would join think tanks, do serious work. Instead all of them have done what i do, which is become a partisan cable news political page 1 did i tell. I dont have a problem with that because i do it myself. But you have then surrendered the right to have the privileges and prestige of being a former intelligence head. You are now a political hack. You are now a partisan operative, and as such, you lose the privilege of security clearance. Juliet . That was a lot to absorb. And i understand why youre saying that because theres no rational justification for what donald trump did. You began with brennen being in jail. I mean, its to coo coo. Whos going to lose security clearances based on whether theyre upset or whether they get criticized. And the fact we know this has nothing to do with National Security is the fact this was done at a time when the white house admits it was trying to distract from bad stories. So if youre that concerned about National Security, one would guess that you would not let mike hayden go on tv for the next couple weeks if youre that concerned. So we know this is just a fiction that people who are proxies for the Trump White House get on tv. And what they do is they create a justification after the fact because donald trump has told us why he did it. Let me just read the official reasons the president gave for revoking the security clearance of brennen. Heres what the white house says. Wild outbursts on the internet and television, lying, making frenzies commentary. Shouldnt the president had a v his clearance revoked as well . No, because he was elected by the people of the united states. Theres a crucial distinction there. He was elected to be their boss, whether theyre currently employed or formerly employed. Hes in charge their security clearances. He hired him, the american people, to do that job. When they leave that job, and its in agust position to be in that position, when you become a partisan cable news hack, by the way, listen ill call myself a hack. When you become a partisan cable news operative, you can no longer have the prestige and privilege of having security clearance to this country. You cant. By the way, i dont want to just pick on brennen. Clapper also lied in front of network, lied to congresses. You said that. But the bottom line here is there was there has been a unanimous response right now from the former intelligence officials who have come out and they have said that this kind of behavior rove indication of these security clearances for a political reason has never been done and should never been done. Because former heads of intelligence, ana, were never political the way these men are. You didnt see William Webster leave office and become a cable news partisan operative. Ill give you the last word. I say its irrelevant. Steve, you need to be quiet because you made your point. He wants brennen in jail. Which is beyond. Really . But what he is happening now is the politicizization, steve even sounds very, very panicked, very nervous, irrational, throw if he never jail attitude. I dont know whats behind that. All i know is keep your cool, people are allowed to say what they want to say, no allegations that john brennen did anything to disrupt National Security. Heres a hero regarding bin laden. Now youre saying they go to jail. Best of luck to you on that theory, but the rest of us know exactly why donald trump and steve for that matter, why youre doing this. This is not rational talk anymore. This is just Something Else is going on here. Hes not rational. He has chosen to become a partisan cable news celebrity, and when you choose to become a partisan cable news page. Steve cortez, juliet cayenne, thank you for that passionate discussion. The jury in the trial of former Campaign Chairman Paul Manafort continues to deliberate. They delivered a curious note to the judge yesterday. Why manaforts attorneys say this could be a good sign for their client. Were live in the cnn newsroom. He is clean not because he did it for copt money. 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The jury is heading into its third day of deliberations in the trial of Paul Manafort. The judge says hes received threats over this case. Threats that make him reluctant to publicly release the jurors names after the verdict. Manafort is accused of 18 criminal counts including tax evasion and bank fraud. Joining us now, criminal defense attorney and cnn legal analyst pag

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