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EARLY START

Mueller Files Flynn Sentencing Memo; State Funeral Today for George H.W. Bush; Trade Concerns Send Stocks Plummeting; Senators Furious After CIA Khashoggi Briefing; Republican Party Under Fire in Michigan & Wisconsin; NFL Disputes Police Claims in Hunt Probe. Aired 5-5:30a ET

Aired December 5, 2018 - 05:00   ET

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


CHRISTINE ROMANS, CNN ANCHOR: Don't lock him up. Robert Mueller recommends no prison time for Michael Flynn because of substantial help with the special counsel.

DAVE BRIGGS, CNN ANCHOR: It is a National Day of Mourning. A state funeral this morning for the late President George Herbert Walker Bush.

ROMANS: The stocks take a big tumble. Wall Street realizes the trade war with China is far from over.

(BEGIN VIDEO CLIP)

SEN. BOB CORKER (R), TENNESSEE: If he was in front of a jury, he would be convicted in 30 minutes.

SEN. LINDSEY GRAHAM (R), SOUTH CAROLINA: There's not a smoking gun, there's a smoking saw.

(END VIDEO CLIP)

BRIGGS: Republican senators furious after a CIA briefing on the Jamal Khashoggi murder. The relationship now with the Saudis under renewed scrutiny.

Good morning and welcome to EARLY START. I'm Dave Briggs.

ROMANS: Good morning. I'm Christine Romans. It is Wednesday, December 5th.

[05:00:01] It is exactly 5:00 a.m. in the East.

And we begin with special counsel Robert Mueller recommending no jail time for President Trump's former national security adviser Michael Flynn because of, quote, substantial help in the Russia probe. Much of what Flynn told the special counsel remains shrouded in secrecy. You can see the report was heavily redacted, but Mueller does say, Flynn's early cooperation convinced others to be forthcoming and that Flynn's lies about his contacts with the Russian ambassador in late 2016, those lies were repeated by senior Trump transition team members. BRIGGS: Flynn's full account of events has been one of the best-kept

secrets in Washington as Mueller puts together the final pieces of his case.

We get more now from CNN's Sara Murray in Washington.

(BEGIN VIDEOTAPE)

SARA MURRAY, CNN POLITICAL CORRESPONDENT: Good morning, Christine and Dave.

President Trump's former national security adviser Michael Flynn has provided, quote, substantial assistance to the Russia investigation and should not get jail time. That's the big news from special counsel Robert Mueller's court filing on Tuesday night. Now the filing, a sentencing memo, comes after Flynn has cooperated with Mueller's team for more than a year, sitting for 19 interviews with the special counsel and other Justice Department offices.

The memo appears to show that Flynn help the Justice Department with at least three ongoing investigations. References to two of the investigations are almost completely redacted.

Now, Flynn also cooperated with the special counsel's investigation into links or coordination between the Russian government and members of the Trump campaign, as well as interactions between the Trump transition team and Russia. The Flynn revelations come amid this flurry of activity from the special counsel's team.

Last week, Trump's former personal attorney Michael Cohen pleaded guilty to lying to Congress. And prosecutors accuse former Trump campaign chairman Paul Manafort of lying to the special counsel and violating his cooperation agreement.

Now, as for Flynn, he was a fixture with Trump on the 2016 campaign trail, even leading a "lock her up" Hillary Clinton chant at the Republican National Convention. His stint as a national security adviser in the White House, though, that was brief. He was fired more than two weeks after then Acting Attorney General Sally Yates told the White House that Flynn lied about his communications with the Russian ambassador and could be blackmailed by the Russians.

Flynn is set to be sentenced on December 18th in D.C. federal court.

Back to you, guys.

(END VIDEOTAPE)

ROMANS: All right. Sara Murray in Washington, thanks, Sara.

Trump lawyer Rudolph Giuliani is apparently not concerned about whatever Michael Flynn shared with Mueller's team. Giuliani telling NBC News, quote, they don't have bupkis, he says, if Flynn had information that could hurt the president, you would know it by now.

BRIGGS: President Trump's ally Roger Stone invoking his Fifth Amendment rights, refusing a request from the top Democrat on the Senate Judiciary Committee for documents and an interview in the Russia investigation. President Trump tweeted Monday that Stone had guts for saying he wouldn't testify against the president in the special counsel's Russia probe.

But don't forget what the president said in the past about people who do take the Fifth.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: Have you seen what's going on in front of Congress? Fifth Amendment, Fifth Amendment, Fifth Amendment. Horrible, horrible.

The mob takes the Fifth. If you're innocent, why are you taking the Fifth Amendment?

When you have your staff taking the Fifth Amendment, taking the Fifth so they're not prosecuted, I think it's disgraceful.

(END VIDEO CLIP)

BRIGGS: Stone's attorney says the request from Senate Democrats for information are far too overreaching and far too wide ranging. Stone has already testified before the House Intelligence Committee.

ROMANS: It's a national day of mourning here in the United States. Today, former President George Herbert Walker Bush will be honored with a state funeral at the National Cathedral.

Live pictures this early hour inside the capitol rotunda, where people are giving vigil, still waiting in line to pay their respects. Thousands have been ling up, colleagues, and everyday Americans have been lining up to pay their final respects at the capitol rotunda where he's been lying in state.

Last night, members of the Bush family returned to the rotunda. George W. Bush and his wife Laura pausing at the casket and later greeting members of the public.

BRIGGS: Earlier in the day, a poignant emotional moment as former Senator Bob dole helped out of his wheelchair for a final salute to the former president. What an emotional moment that was.

And a moment that brought a smile to many people's faces. Sully, the president's loyal service dog, pausing before his casket.

Today, current and former presidents and world leaders will attend a service to commemorate the life of America's 41st president.

On Tuesday, First Lady Melania Trump hosted a White House tour for about 20 members of the bush family. Tonight, Mr. Bush's family will be taken back to his home state of Texas where he will lie in repose until he is buried tomorrow.

ROMANS: All right. U.S. financial market will be closed to honor the late president and the respite welcomed. The Dow tumbled 799 points, 3.1 percent Tuesday.

[05:05:01] It was the Dow's worst day since October 10th this year when it lost 832 points.

The Nasdaq closed down 3.8 percent. Those are big one-day moves. The S&P 500 fell 3.2 percent.

All right. Seven hundred ninety-nine point sounds scary. In point terms, it was the fourth largest drop ever. In percentage terms, at 3.1 percent, certainly, that's a bad day but ranks as the 329th worst day ever percentage-wise.

Two things took down stocks.

BRIGGS: First, the realization of the trade war with China, not over. There's a mountain of hard work to do. The president's boast of progress not matched by the Chinese rhetoric. Stock market loss accelerate when Trump called himself "tariff man" in a tweet storm.

Second, a technical move in the bond market that in the pass signaled a slowing economy or even recession called an inverted yield curve. It stared the stock market, too. Perspective, stocks are higher for the year. Dow up 3.5 percent. The S&P 500 up 2.7 percent. The Nasdaq composite up more than 5.8 percent.

BRIGGS: Meanwhile, Republican senators outraged after a classified briefing from CIA Director Gina Haspel about the murder of Jamal Khashoggi. Bob Corker of Tennessee and Lindsey Graham of South Carolina leading the charge against Saudi Crown Prince Mohammed bin Salman. They want him held accountable for his involvement in the killing of the "Washington Post" journalist.

(BEGIN VIDEO CLIP)

CORKER: I have zero question in my mind that the crown prince, MBS, ordered the killing, monitored the killing, knew exactly what was happening, planned it in advance. If he was in front of a jury, he would be convicted in 30 minutes.

GRAHAM: There's not a smoking gun, there's a smoking saw. You have to be willfully blind not to come to the conclusion that this was orchestrated and organized by people under the command of MBS, and that he was integrally involved in the demise of Mr. Jamal Khashoggi.

(END VIDEO CLIP)

BRIGGS: Senator Graham went on to say he can no longer do business with Saudi Arabia if the crazy crown prince is still running the country.

Let's go live to Abu Dhabi for some international reaction from CNN's Sam Kiley.

Hi there, Sam.

SAM KILEY, CNN SENIOR INTERNATIONAL CORRESPONDENT: Well, David, one of the striking things is how out of step it would seem that the head of the CIA, the director of the CIA is with the head of the U.S. armed forces, and, indeed, America's top diplomat. Now, that's been exploited perhaps, perhaps reinforced. We don't know exactly if there's a necessary connection between the two.

But the Turks have said that they would like to seek arrest warrants for two more senior members of the inner circle of Crown Prince Mohammed bin Salman. That's General Asiri, former deputy head of intelligence, and Al Qahtani, chief of the crown prince's media office. Both were sacked but not charged as part of the internal Saudi investigation that does include charges of murder against a number of people and the possibility of them facing capital punishment.

But all of this coming at a time when the whole issue of Saudis' role in the wider region is being called into question, particularly by those U.S. senators over the issue of its support of the leading the coalition, rather, of the fight against the Houthi rebels in the Yemen, a great deal of international pressure now building against continuing to supply Saudi Arabia and, indeed, other parts of the coalition with a growing humanitarian crisis.

But all of this coming in a sense at a relatively good time for peace talks over the Yemen because the belligerence are all gathering in Stockholm for talks as we speak, David.

BRIGGS: Yes, and political implications back here, you can't help but wonder if the house Democrats once they take control, begin to investigate any relationship between the Saudis and the president.

Sam Kiley live for us in Abu Dhabi -- thank you.

ROMANS: The former mayor of New York City, Michael Bloomberg, has a message for Democrats -- now that you've won the House, do something.

Bloomberg spent more than $110 million to help Democrats take control of the House in the midterm elections.

He spoke exclusively to CNN on Tuesday.

(BEGIN VIDEO CLIP)

MICHAEL BLOOMBERG, FORMER NEW YORK CITY MAYOR: Now, this new Congress has to do something. If they sit back and do the same thing that the people they ousted did, then I'm not going to be happy. And I've told Nancy Pelosi that.

(END VIDEO CLIP)

BRIGGS: Bloomberg also had harsh words for President Trump, contrasting him with the late Bush 41.

(BEGIN VIDEO CLIP)

BLOOMBERG: The current president doesn't seem to have any feeling of sacrifice for the good of the country. And maybe that's one of the real differences. It's not policy, it's how you purport yourself.

(END VIDEO CLIP)

BRIGGS: Bloomberg is considering a run for president in 2020. He was in Iowa promoting his documentary on climate change and says he won't decide on the 2020 run until early next year.

[05:10:02] ROMANS: Two potential Democrat candidates for president in 2020 are pulling out. According to "Politico", former Massachusetts Governor Deval Patrick is calling close allies to tell them he's not running. He informed staffers and advisers of that decision on Tuesday.

And attorney Michael Avenatti ruling out a 2020 bid. Stormy Daniels' lawyer says he made the decision at the request of his family but remains concerned the Democratic Party will nominate someone who has no chance of beating President Trump.

As for who remains in the field, Jimmy Fallon weighed in.

(BEGIN VIDEO CLIP)

JIMMY FALLON, COMEDIAN: The new poll found that the top three Democratic contenders for president in 2020 are Joe Biden, Bernie Sanders, and Beto O'Rourke.

(CHEERS)

Biden's got the best experience. Bernie's got the best fund-raising. And Beto's got the best chance of being alive in 2020.

(END VIDEO CLIP)

ROMANS: Mean but funny.

BRIGGS: You think age will be an issue? I really do not.

ROMANS: I don't know. I've heard that age is different today than it was even a generation ago. Some of the candidates are incredibly healthy. Somebody who doesn't smoke, doesn't drink, runs six miles a way. I mean, that's a different candidate today than it was a 70- year-old than it was --

BRIGGS: And experience is an issue. We should see.

Ahead, they didn't complain when they were in power. Now Republicans in Wisconsin and Michigan are trying to strip power from incoming Democratic leaders.

(COMMERCIAL BREAK)

[05:15:29] BRIGGS: Republicans in the key swing states of Michigan and Wisconsin under fire for trying to strip away the power of incoming Democratic leaders.

In Wisconsin, Republicans are conducting an extraordinary session designed to limit the powers of incoming Democratic Governor Tony Evers and Attorney General Josh Kaul. They're trying to require legislative approval for decisions traditionally made by the government and attorney general, including the promise to withdraw the state from a federal lawsuit against Obamacare.

ROMANS: Republicans defending their power grab, even though the issue was never raised when they won statewide offices.

(BEGIN VIDEO CLIP)

ROBIN VOS (R), SPEAKER, WISCONSIN STATE ASSEMBLY: The number-one priority for us is to make sure we restore the balance of powers between the two co-equal branches of the government.

SEN. SCOTT FITZGERALD (R), WISCONSIN SENATE MAJORITY LEADER: I'm concerned. I think that Governor-elect Evers is going to bring a liberal agenda to Wisconsin. And that --

(CROSSTALK)

(END VIDEO CLIP)

ROMANS: Elections have consequences. Republicans in Michigan are also using a lame duck session to rewrite

the rules. They could step in to defend a law allowing religious groups to refuse to place children up for adoption with same-sex couples. Incoming Democratic Attorney General Dana Nessel has suggested she might not back that law in court.

BRIGGS: The inspector general at the Department of Justice confirms a senior official was allowed to retire after sexually assaulting a subordinate. The I.G.'s report says the unnamed official sexually harassed multiple female subordinates but was never prosecuted. In one instance, the official allegedly pressured an employee to have sex with him in exchange for a promotion.

The I.G. concludes the official's actions amounted to ethical misconduct, sexual harassment, and sexual assault in violation of the law. But only says prosecution was declined without further explanation.

ROMANS: Department of Justice Department. Wow. That's something. That is something.

BRIGGS: Grotesque.

ROMANS: A little man with a big heart will host the Oscars in 2019. We'll tell you who.

(COMMERCIAL BREAK)

[05:22:05] ROMANS: "The New York Times" reports ex-CBS chief Leslie Moonves destroyed evidence and interfered with an investigation into sexual misconduct allegations. A draft report from lawyer hired by CBS says Moonves was evasive and deliberately lied. The report is said to allege multiple acts of nonconsensual sexual misconduct in and outside of the workplace. If that proves true, it could cost him a $120 million payout. Moonves has denied more than a dozen accusations of sexual misconduct.

It's a longtime dream come true for comedian Kevin Hart. He's been chosen to host the 2019 Academy Awards. He succeeds Jimmy Kimmel who hosted the last two Oscar ceremonies. Hart hosted the BET Awards in 2011 and the 2012 MTV Video and Music Awards.

Hart says in an Instagram post that he was blown away by the opportunity adding now it's time to rise to the occasion. The 91st Oscars will air live on ABC on February 24th -- Dave.

BRIGGS: Good that Kevin Hart is getting some work, isn't it?

All right, the NFL disputing a claim by Cleveland police that the league did not ask for the Kareem Hunt video until recently.

Andy Scholes has more in the "Bleacher Report."

Good morning, buddy. A lot of questions here.

ANDY SCHOLES, CNN SPORTS CORRESPONDENT: Yes. Good morning, Dave.

And, you know, the big question in this Kareem Hunt story is what did the NFL do to investigate the incident when it happened in February? The NFL and Cleveland police are saying two different things. The police say the NFL did not make a formal request for the video until November 30th. The same day TMZ posted it on its website.

But a league spokesman claims there were multiple conversations with Cleveland police officers and a request for the video was made back in February. Now, Cleveland police now say they saw the tape for the first time on TMZ.

Now, Hunt was cut by the Kansas City chiefs when the video was made public. He's now a free agent and has apologized insisting that he deserves another chance.

All right. Ohio State University head football coach Urban Meyer is calling it quits, citing health problems. He plans to step down after the Buckeyes' Rose Bowl game against Washington.

Meyer had surgery in 2014 on a brain cyst that was causing him severe headaches. Those headaches continue to be a problem today. Meyer was suspended for the first three games in 2018 stemming from his handling of domestic violence allegations against a former assistant.

He's still just 54 years old but Meyer says he is officially retiring from coaching.

(BEGIN VIDEO CLIP)

REPORTER: Urban, as you sit here, do you believe you will not coach again?

URBAN MEYER, 7 SEASONS AS OHIO'S STATE HEAD COACH: I believe I will not coach again.

REPORTER: Are you fairly certain?

MEYER: Certain, yes.

(END VIDEO CLIP)

SCHOLES: All right. Meyer won three national titles in his career. Two at Florida, one at Ohio state. He will be replaced by offensive coordinator Ryan Day who went 3-0 as the acting head coach during Meyer's suspension earlier this year.

All right. The NHL announcing Seattle as the 32nd franchise yesterday. It's not in play until the 2021-'22 season.

[05:25:03] But movie and TV producer Jerry Bruckheimer is one of the team's owners. You can only imagine entertainment themes around the team's games. Now, the ownership group launched a season ticket drive last march to gauge interest. They received 25,000 deposits in an hour. The goal was just 10,000. The team still has not picked out a name yet.

All right. No game for LeBron and Lakers last night. So, King James in the crowd to watch his son Bronny play his first game for his new school in California. Check out 14-year-old Bronny throwing down a dunk on the fast break in the first game.

Bronny, who's wearing dad's number 23, scoring 27 points in his debut. And Dave, you know, LeBron turns 34 years old later this month. I've always thought he's going to hang around in the NBA until Bronny gets there and play one season with him before finally hanging it up.

BRIGGS: Boy, would that be some incredible video. Yes, I think you're right. After his one year at Duke theoretically, right?

SCHOLES: We'll see. Maybe by then he could go straight to the NBA. Seems like it might be the way the NBA's heading.

BRIGGS: That is the way it's headed. Hopefully they'll do away with the one and done rule.

Andy Scholes, thank you, my friend.

SCHOLES: All right.

BRIGGS: Romans, over to you.

ROMANS: Let's let him be a kid first, guys. We got him planned out.

BRIGGS: No. That's not what we do here.

ROMANS: All Right. A lot of the report is behind black bars, but Michael Flynn likely won't be. Why Robert Mueller says the national security adviser should avoid prison.

And world leaders, friends, and family get ready to say good-bye. A state funeral today for the latest 41st president, George Herbert Walker Bush.

(COMMERCIAL BREAK)