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ANDERSON COOPER 360 DEGREES
CNN: Tensions Rising At Justice Department Over Russia Probe; Trump Releases Financial Disclosure, Still No Tax Returns; U.S. Navy: Seven Sailors Missing After Ship Collusion; Deliberations Continue Tomorrow In Cosby Trial. Aired 9-10p ET
Aired June 16, 2017 - 21:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[21:00:04] JOHN BERMAN, CNN ANCHOR: All right, the breaking news tonight, rising tension at the Justice Department and concern the president will swing the ax at the top officials investigating him. He has already fired James Comey. He's plan to fired up about Deputy Attorney General Rod Rosenstein and the Special Counsel Robert Mueller. One top Democrat of the Senate Intelligence panel is expressing fears that the president may try to get rid of both.
First, the latest from inside the DOJ. CNN's Evan Perez joins us with that. Evan, what's the latest on whether Deputy Attorney General Rod Rosenstein might recuse himself from the Russia probe?
EVAN PEREZ, CNN JUSTICE CORRESPONDENT: Well, we are edging closer and closer to that point, John. Look, the problem for Rod Rosenstein is that he played a role in the firing of James Comey as FBI director. And everything indicates that that is where this investigation is going next.
Robert Mueller is staffing up. He's got about a dozen lawyers now on his staff. And part of what he is looking at is whether or not to launch a full-blown investigation into whether the firing of Comey and whether the other aspects point to obstruction and interference by the president in this investigation.
If that day comes where he gets a call from Mueller saying essentially that you are a witness in this case, it really makes the decision very difficult for him to remain involved in overseeing this investigation.
BERMAN: And, Evan, you're getting new information tonight about infighting, tension inside the Department of Justice. What can you tell us?
PEREZ: Well, the tension is between the staff of the attorney general of the fifth floor and the fourth floor where Rod Rosenstein sits. So, part of the problem is that Rod Rosenstein appointed the special counsel, Robert Mueller, and there's a lot of anger, not only coming from the White House, but also coming from the fifth floor where the attorney general sits. The attorney general was surprised by that decision.
Look, John, I've been covering the department for about a dozen years now. And I got to tell you, this reminds me of 2007 when Alberto Gonzalez was having all his problems and we know how that ended. This is the kind of tension that you see that makes it very difficult for Rod Rosenstein as the deputy attorney general.
BERMAN: Yeah. Alberto Gonzales was forced out ultimately. Evan Perez, thank you so much.
BERMAN: All right, more now on the president's statement this morning and what seemed to be an acknowledgement that he is, in fact, under investigation. Here is CNN's Jeff Zeleny.
JEFF ZELENY, CNN SENIOR WHITE HOUSE CORRESPONDENT (voice-over): President Trump saying publicly for the first time today that he is under investigation as the probe of Russia's influence in the 2016 election expands. He also excels (ph) the integrity of the Justice Department official overseeing the investigation.
"I am being investigated for firing the FBI director by the man who told me to fire the FBI director." The president said, "Witch hunt." That man is Deputy Attorney General Rod Rosenstein who made the decision to appoint a special counsel to investigate whether the Trump campaign colluded with Russia.
Only a month ago, Rosenstein, a veteran of the Justice Department received the president's praise.
DONALD TRUMP, U.S. PRESIDENT: Highly respected. Very good guy. Very smart guy. The Democrats like him. The Republicans like him. He made a recommendation, but regardless of recommendation, I was going to fire Comey.
ZELENY (voice-over): But it's the firing of FBI Director James Comey that investigators are now exploring to determine whether the president was trying to obstruct justice. In the Oval Office today, the president huddling with his aides before traveling to Miami to announce new restrictions on travel and business with Cuba.
TRUMP: We will enforce the embargo.
ZELENY (voice-over): But the president's agenda overshadowed by the Russia investigation as he's lashing out on Twitter. "After seven months of investigations and committee hearing about my collusion with the Russians, nobody has been able to show any proof. Sad."
A White House official told CNN the tweets were less spontaneous than a strategy by the president of, "Taking matters into his own hands. This is a political fight and he's going to fight it," the official said.
But the Russia cloud threatening to engulf the president is far more than political. CNN has learned members of the Trump transition team received a memo urging all volunteers and aides to preserve any records relating to Russia, Ukraine or investigations into top Trump campaign officials in the inquiry. All of this comes two years to the day after Mr. Trump jumped into the Republican primary. As he returned to the White House tonight, now six months into his term, questions not even imagined back then weigh on his presidency.
BERMAN: All right. Jeff Zeleny joins us right now. Jeff, there's also some breaking news tonight on the president's finances. What are we learning?
ZELENY: John, that's right. The president has disclosed his personal finance record, its 98 pages of information. Our CNNMoney team has been pouring through this, this evening. Here are some of the headlines.
More than -- approximately $600 million or so in income from a variety of places, but $288 million of it is from his golf courses, $19.7 million from that new hotel here in Washington, D.C., the subject of so much interest, of course., and at Mar-a-Lago, $37.2 million. That is up $7.4 million from a year ago. Of course, he also increased the membership fees there as well.
[21:05:07] But, John, this is just offering a glimpse of his finances. Still not as much as his tax return which, of course, would show how much foreign businesses that he has been invested and vice versa. Thus certainly, this is a voluntary disclosure and it offers a new window into his money.
BERMAN: And we, of course, do not have his tax returns and no sign that we will ever get them. All right, Jeff Zeleny, thanks so much.
Back now with our panel. Charles Blow joins us now. Scott Jennings is here. Maggie Haberman is back, Matthew Rosenberg and Matt Whitaker as well.
Charles, first to you. Obviously, I want to get your reaction to the news tonight from Evan Perez that Deputy Attorney General Rod Rosenstein considering recusing himself from this investigation, one more element of chaos in an already tumultuous investigation.
CHARLES BLOW, OP-ED COLUMNIST, THE NEW YORK TIMES: It would be extraordinary, but also you can understand how you could get to that point where that would be a reasonable step. I mean, he becomes a witness in the case because of the memo that he wrote.
He can't exactly be the person who the chief investigator is reporting to, so that mean it's understandable. But then it becomes a different question about then who replaces him. And if that person is going to ultimately be, you know, go through Donald Trump, that's a conundrum and I'm not sure how you fix that.
BERMAN: Scott Jennings, the man sitting next to has an information on that. The person would be the number three in the Justice Department, Rachel Brand, someone you worked with in the Bush White House.
SCOTT JENNINGS, FORMER SPECIAL ASST. TO PRES. GEORGE W. BUSH: I worked with Rachel. She's tough. She's smart. She has high integrity. One of the smartest lawyers I think Republicans would tell you in Washington, D.C.
And so, a lot of folks two months ago didn't know Rod Rosenstein. And maybe you don't know Rachel Brand right now, but when you get to know Rachel, you're going to find out she's sharp. And if she steps into that role, I think you will find somebody who wants to do everything by the book.
JENNINGS: She is a Republican, certainly served in the Bush administration. And so, I wouldn't refer to her as a political operative, but certainly she's someone that Republican lawyers admire greatly.
BERMAN: And look, she may find herself in that position, as Charles was saying, because of a legal decision. What may be actually, ultimately a legal easy legalization for Rod Rosenstein. We have to wait and see.
Maggie Haberman, we don't just follow the president on Twitter. We follow you.
MAGGIE HABERMAN, CNN POLITICAL ANALYST: Thanks.
BERMAN: And we saw you writing today. You note that the president's anger in so for as it exists isn't so much with Robert Mueller necessarily, but it's with Jeff Sessions and Rod Rosenstein for the existence of a special counsel. Explain.
HABERMAN: The president has been stewing about this, essentially since Jeff Sessions recused himself from anything Russia related. You have had the president being frustrated. Everything you have seen in the last two weeks in some way more or less dates back to that.
He blames Rod Rosenstein's pick on its own on Sessions, just the fact that he exists as a deputy attorney general. He blames the fact that Rosenstein appointed Mueller on Sessions in some way. And he blames Mueller on Rosenstein.
I do think one overlooked facet of this week is that when Rod Rosenstein was testifying at a congressional hearing earlier this week, he said that he would not face any pressure -- he would not submit to pressure if he was pressured by the president to fire Mueller.
And I have to imagine the president was aware of that. The president as we know watches these hearings. He watches this testimony essentially as a show. And I wonder how much of that has been on his mind over the last couple of days.
I understand that the White House is saying on some level, this is a strategy by the president. He is taking this into his own hands. No lawyer would ever tell him to do that. And Marc Kasowitz, his attorney had -- was said to have told several people that he believed the tweeting was going to be tamped down, that we have seen no evidence of that. BERMAN: None at all. And you bring -- you have a good point. Rod Rosenstein's testimony was fascinating. If you read between the lines, he was basically threatening to quit if he was ordered to fire Robert Mueller if he did not see cause. I mean, that was a pretty clear implication of his words.
Matt Whitaker, again, you know Rod Rosenstein. He is someone you worked with in the past. In the last 24 hours we had that pretty bizarre, seemingly unprovoked statement from him which was warning allegedly the American people about believing what they read in the press too much about leaks.
This morning, you know, you're seeing the president's tweet, then there's this additional reporting that the deputy attorney general is considering recusing himself. How do you see this all being connected and playing out?
MATTHEW WHITAKER, FORMER U.S. ATTORNEY: Well, I think what's ultimately going to happen is if and when Rod gets confirmation that this is an investigation into obstruction of justice involving the firing of the FBI Director Jim Comey, then you will see Rod recuse and go to Rachel Brand who I also know and share my fellow panelist's opinion for she is very smart, very talented, new to the Department of Justice. She won't have any conflicts that seem to affect Jeff Sessions and Mr. Rosenstein.
So, I would expect that if it does fall to Rachel to handle, you know, she'll do it very well. But, you know, the expanding nature of this investigation that I talked about a couple of days ago on the show I think is coming to fruition. We have now over a dozen attorneys working with Bob Mueller on this investigation and that should be a very concerning to the White House.
[21:10:09] BERMAN: And, look, we learned this morning from "The New York Times," you know, it's reaching out to the transition. We're understanding there's new focus on Jared Kushner and his finances right now, other campaign officials being contacted recently. Clearly, a lot going on.
Matt Rosenberg, there's all that work being done on this investigation and, also, all of this controversy surrounding the special counsel and we're a month in. One month in on something which could take a year. How does this sustain itself?
MATTHEW ROSENBERG, CNN NATIONAL SECURITY ANALYST: It could take far longer than a year. We really have no idea where this is going. And I think there's something to be considered here that the White House is not wrong when they say this put them under a cloud and makes it hard for them to govern. It does.
Now, look, they also -- the president himself helped fuel it. The tweets are kind of exhibit A, B and C in that case. But there does come a point where I think we all have to wonder, a public trial by secret evidence isn't really OK. And, how do we kind of balance the need that they're dealing with classified information? They're dealing with collection that's still -- intelligence collection still going on in Russia and Europe and they're still finding out new things with the need to kind of -- people to be treated fairly, basically.
BERMAN: Charles Blow, does it seem to be more in the public?
BLOW: I mean, I think that we have grown the expectation that we believe that everything (inaudible). I was talking to someone the other day and they kept talking as if leaking was the norm, that we somehow knew everything because everything gets leaked.
And what I was trying to explain to them was, "You don't know how much you don't know." I mean, it is -- we may only know a tiny fraction of what there is to know and somewhat it may be damming for the president and his team. It may be exonerating for them. And we have no idea what that is.
And I think every time, you know, we see -- hear some of this amazing reporting that's coming out, that's coming from people who are leaking, we do have to look at that and say, "OK, I know this. I can add this to my category of things that I know. But I have no concept of what I don't know."
BERMAN: --investigation at some point. We're going to talk much more about this after a quick break.
And later, the fine line that Vice President Mike Pence may soon have to walk as he looks out for his legal best interests and tries to serve the president and perhaps finds himself, you know, in part of this investigation.
[21:16:01] BERMAN: The president turned up the rhetorical heat on Rod Rosenstein today, and so did his friend and ally, the flamboyant and phlegmatious (ph) political operator, Roger Stone, star of the new Netflix series. Stone told CNNMoney, "I fire Mueller and Rosenstein for wasting taxpayers' money," echoing the president's praise he called the investigation a witch hunt. Of course, the question is who is echoing whom.
Back now with the panel. I'm joining in by Matt Rosenberg. Matt, you know, Roger Stone says stuff. That's what Roger Stone does. You know, he throws stones, you know, no pun intended here. But you know who listens to Roger Stone, the President of the United States. Not insignificant here.
ROSENBERG: It's not. And I think if he moved to fire Rosenstein or fire Mueller, it's not going to help him. There's -- the next person he gets is going to be the same problem he has now. This isn't going to shut down the investigation. Stone may enjoy giving that advice (inaudible). BERMAN: We should also point out that Roger Stone we know is wanted to come in to talk to the Senate investigators, the House investigators as well, and may be involved in Mueller's counterintelligence investigation, right? He is not disconnected to this.
ROSENBERG: No. And I think people have to understand that there are kind of two parallel tracks in the special counsel investigation. You've got to kind of broad counterintelligence investigation. And the idea of that is to see another country, figure out the espionage that's trying to commit and counter it.
And then you've got the criminal part of it, which would be at this point we know of Michael Flynn and Paul Manafort. And we don't have any evidence or any indication publicly that Roger Stone or Jared Kushner is part of that clinical investigation.
BERMAN: Maggie, the president we are told by our White House reporters, this writing that he's doing on Twitter every day is him wanting to take matters into his own hands. This despite the fact that we were told he might back off some when he hired a private lawyer.
HABERMAN: We have been told this -- I mean, we've been --
BERMAN: (Inaudible) for two years.
HABERMAN: Long before that.
HABERMAN: Well, I mean, if it's -- look, there was a whole philosophy during the campaign of let Trump be Trump. And generally speaking, Donald Trump has spent his whole life trying to find people who will let Trump be Trump. And, you know, he essentially did in the campaign and it worked. You know, he won.
And so, yes, he lost the popular vote and so forth, but he won the election. And he took that as an affirmation of how he does things. And so, he has decided this is how it works for him.
Look, he has also been in private, very critical of his communications team, particularly of his press secretary. It is not -- and he often thinks frankly, you know, of course, to Sean Spicer, whoever his press secretary is, he will always think that he is the best at it. So it's not a surprise that he is doing that. But he is creating and he has been -- had this said to him repeatedly, he is creating new evidence pieces every time he tweets.
BERMAN: Well, Matt Whitaker, you give me -- give me Kasowitz's thought bubble when he read that tweet today that seemed to criticize the deputy attorney general. You know, private attorney said what?
WHITAKER: Right. Well, I mean -- I'm sure he -- his mouth, you know, opened and his jaw dropped and he thought to himself, you know, how am I ever going to control my client and get him to do what's in his own best interest?
Because, you know, I've represented a lot of clients, you know, and I've also been a prosecutor. And I know the first thing I tell my defense clients is that you're going to tell your story once, if at all and it's going to be on a stand. And, you know, and this president probably, you know, probably would help to be a little more quiet.
But as you point out, I mean, he really believes that he can tell the story. And I'll tell you, one of his tweets -- recent tweets about Rod Rosenstein, you know, having -- given him the advice to fire Comey and then essentially conducting an investigation through Bob Mueller for the reasons for Jim Comey's firing does point out, you know, an important issue that is a bit of a head scratcher that -- how is Rod on both sides of that issue?
BERMAN: He may not be very much longer, you know. And Scott Jennings, Scott, to you, the Republicans in the House and in the Senate, you know, in a position where they have to defend the president right now. How much of a bind does this put them in?
JENNINGS: Well, you know, every single day you wake up and you have a message that you want to drive and then somebody hits you with questions that you didn't expect and you may not want to answer and that interrupts the message or policy of the day, so this is frustrating
[21:20:04] Especially given the fact that in the United States Senate, what's happening right now is we're, you know, maybe a couple weeks away from an important vote on Obamacare, which is what Republicans actually want the Republican government to be doing.
BERMAN: Although it may not want us paying attention to it right now in the discussion, which is interesting.
JENNINGS: Well, but the fact is this. If it's going to happen, we're going to have to talk about it. We're going to have to explain it. And so, that's coming down and that's what the party wants the people they elected to do. And when you're not talking about that, the party wonders, "What are the Republicans I elected actually doing?"
BERMAN: Charles Blow, interesting debate inside the Democratic caucus right now, apparently a vocal debate about how much they should be talking about the investigation. Well, some Democrats saying, "You know what, stop saying impeachment. It is not helping when we talk about that." What do you think?
BLOW: I do believe that there is an expectation that is being built that may not -- is we're not nowhere close to it yet and may never come. That we may never even get to the point where the House is even considering taking up articles let alone passing articles.
And so even if they do, the founders were smart about this. They really didn't want revolution. So, I mean -- this idea of making it very, very difficult to remove a president, they did that on purpose. And, you know, we got two presidents who've been impeached. The Senate failed to convict in both cases. Nixon resigned before they could even vote on the articles of impeachment. It just doesn't happen, you know. So maybe this is the first.
BERMAN: Read carefully is the message that some of the more senior members are saying. All right, guys, thank you all so much. Really interesting discussion.
We have an update on the U.S. Navy destroyer that collided with a ship off the coast of Japan. We have new word just in from the Navy about injuries and sailors who are still unaccounted for.
Next, someone who might be having a few fairly tense weekends from here on out, but it honored and privileged to do it all same. Vice President Pence and the rough legal and political spot he now finds himself in when "360" continues.
[21:25:27] BERMAN: An update to breaking news tonight off the coast of Japan. The Navy is now confirming that seven sailors are unaccounted for after the USS Fitzgerald collided with a merchant ship. We are also getting world about the commander's injuries.
CNN's Dianne Gallagher joins me with the latest. Diane, what can you tell us now about the injuries sustained by the commander and others on board this vessel?
DIANNE GALLAGHER, CNN CORRESPONENT: Yeah. John, so we've been told now from the U.S. Navy Seventh Fleet that there were two medical evacuation situations. One of those was the USS Fitzgerald commanding officer, Commander Bryce Benson. He was life flighted out. He is now -- we're told at the U.S. Naval Hospital Yokosuka. He is in stable condition, we are told at this point.
There was another medevac situation that could still be ongoing. We have not been told by the Navy if that other person has made it to the hospital yet at this point. Right now, they are also trying to assess some of the other injuries. But, John, again, the commanding officer in stable condition now at that naval hospital.
BERMAN: And the status, Dianne, of the missing sailors right now?
GALLAGHER: So, we're told that at least seven sailors are missing. So those are all American sailors from the USS Fitzgerald. At this time, the search for them does continue. They said the ship and also members of the Japanese coast guard are continuing to search the Philippine Sea to try and find these sailors.
BERMAN: All right. We're going to stay on this all night. Dianne Gallagher, thanks so much.
I want to quickly return to the Russia story, specifically how it affects Mike Pence. Like his boss, the vice president also tweets, and also like the boss he's got his own distinctive style. Earlier today, he wrote, "It is the greatest privilege of my life to serve as vice president to POTUS Donald Trump, a man devoted to American ideals." Less of an honor, perhaps, having to lawyer up.
The vice president retained outside counsel this week. He may as a result one day find himself at legal cross purposes with the president. And so that the prospect that staffers may have to also look out for their own legal interests and you've got a recipe for a tense workplace. No question, the vice president is in a tough spot. "360's" Randi Kaye explains why.
RANDI KAYE, CNN CORRESPONDENT (voice-over): After the firing of FBI Director James Comey last month, Vice President Mike Pence insisted the president based his decision on recommendations he received.
MIKE PENCE, U.S. VICE PRESIDENT: Let me be very clear that the president's decision to accept the recommendation of the deputy attorney general and the attorney general to remove Director Comey as the head of the FBI was based solely and exclusively on his commitment to the best interests of the American people.
KAYE (voice-over): But the very next day, President Trump put his vice president in an awkward light by telling NBC he'd made the decision to fire Comey on his own.
TRUMP: What I did is I was going to fire Comey, my decision. It was not --
LESTER HOLT, NBC ANCHOR: You made the decision before they came in?
TRUMP: I was going to fire Comey.
KAYE (voice-over): And on top of that, even though Pence have said publicly that Trump's decision to fire Comey was not related to the Russia investigation --
PENCE: There is no evidence of collusion between our campaign and any Russian officials. That's not -- let me be clear. That was not what this is about.
KAYE (voice-over): He was proven wrong again.
TRUMP: When I decided to just do it I said to myself, I said, "You know, this Russia thing with Trump and Russia is a made up story."
KAYE (on camera): Also on Russia, back in January after then National Security Adviser Michael Flynn had misled the vice president about his contacts with the Russian ambassador, Mike Pence went on national television defending Flynn's actions.
PENCE: They did not discuss anything having to do with the United States' decision to expel diplomats or impose a censure against Russia.
KAYE (voice-over): Later, a spokesman for Flynn said that he couldn't be sure the topic of sanction hadn't come up in conversations with Russia. He was soon fired, but not before embarrassing the vice president.
In February, after Trump blasted a judge for blocking his immigration ban, referring to him as a so-called judge, Pence once again was on cleanup duty.
PENCE: The President of the United States has every right to criticize the other two branches of government. I think people find it very refreshing. That they not only understand this president's mind, but they understand how he feels about things. He expresses himself in a unique way.
KAYE (voice-over): And even before the election, there were moments on the campaign trail that proved awkward for Pence. Like when this "Access Hollywood" tape came out.
[21:30:07] TRUMP: And when you're a star, they let you do it. You can do anything.
BUSH: Whatever you want.
TRUMP: Grab them by the (inaudible). You can do anything.
KAYE (voice-over): Pence said in a statement he was offended and cannot defend his then running mate. But soon after when several women accused Trump of inappropriate behavior, he did just that.
PENCE: What he's made is clear is that was talk, regrettable talk on his part. But that -- there were no actions and that he's categorical denied these latest unsubstantiated allegations.
KAYE (voice-over): Mr. Vice President, a loyal soldier despite it all.
Randi Kaye, CNN, New York.
BERMAN: All right, coming up, still no verdict in the Bill Cosby indecent assault case. Some surprising news we just learned the jury will deliberate for a sixth day tomorrow. We're going to get you caught up on what has happened so far and get a live update from outside the courthouse next.
BERMAN: Jurors in Pennsylvania just finished for the night in the indecent assault case that could send Bill Cosby to prison for the rest of his life. They were assumed deliberate tomorrow morning.
Now, leaving the quorum just few moments ago, Cosby briefly spoke to reporters.
(BEGIN VIDEO CLIP) BILL COSBY, COMEDIAN: I have just -- I just want to wish all of the fathers a Happy Fathers Day. And I want to thank the jury for their long days, their honest work individually.
[21:35:13] I also want to thank the supporters who have been here. And please, to the supporters, stay calm. Do not argue with people. Just keep up the great support. Thank you.
(END VIDEO CLIP)
BERMAN: The jury announced yesterday that it was deadlocked, but the jury sent them back to work. They have asked a number of questions and wanted to rehear several parts of the testimony. Jean Casarez takes us through how we got to this point.
JEAN CASAREZ, CNN CORRESPONDENT (voice-over): This is the woman who is going head to head against Bill Cosby in a Pennsylvania criminal courtroom testifying that the television star drugged and assaulted her at his Pennsylvania home in 2004.
Andrea Constand came forward a year later alleging the man she once called her mentor sexually assaulted her while she was the director of basketball operations at Temple University in Philadelphia, Cosby's alma mater.
Cosby decades her senior, admitted sexual relations with Constand but said at all times it was consensual. Criminal charges were never filed because the district attorney said he couldn't prove the accusations. Constand filed a civil suit that was ultimately settled for an undisclosed sum. The criminal case was forgotten until this.
KEVIN STEELE, DISTRICT ATTORNEY, MONTGOMERY COUNTY: We are here to announce today charges that have just been filed against William Henry Cosby.
CASAREZ (voice-over): Over a decade later, Pennsylvania's 12-year statute of limitations allowed prosecutors to file three criminal charges of aggravated indecent assault against Cosby, after they were provided with new evidence from the unsealing of his 2005 civil deposition.
Cosby admitted in that sworn testimony giving Quaaludes to women he wanted to have sex with. But quickly changed that answer to only one woman who he said consented to the drug claiming he had misunderstood the question.
That civil deposition has come before this jury, as well as a firsthand account from one of Cosby's nearly 50 other accusers attempting to establish a pattern of conduct. Kelly Johnson testified she was drugged and assaulted by Cosby in 1996.
KELLY JOHNSON, COMPLAINANT: He said, "Will I give you anything that would hurt you? Trust me."
CASAREZ (voice-over): But Cosby continues to maintain his innocence and his defense argued this in court.
BRIAN MCMONAGLE, COSBY ATTORNEY: After, and I stress, after this so- called incident, the complainant continue to contact Mr. Cosby, the complainant accepted a dinner invitation from Mr. Cosby. The complaint returned to Mr. Cosby's home, and ultimately after returning to Canada, the complainant asked for tickets to a concert that he was performing at, went to the concert and presented him with a gift.
BERMAN: All right, Jean Casarez joins me right now. Jean, where do we stand this evening? The jurors have gone back to the hotel. They'll come back in the morning?
CASAREZ: They just left. They'll be back at 9:00 this morning, tomorrow morning. This jury has deliberated for 52 and half hours. The defense has asked for seven mistrials. Six of them during the jury deliberations saying the hours are too long. It is too extensive.
Lead Attorney Brian McMonagle just argued in court minutes ago that at some point these jurors are going to abandon their values and just say and do whatever they have to do to get out of here. The judge said all indication is they are trying to arrive at a verdict. They will continue to deliberate until we hear from them otherwise, John.
BERMAN: All right. Just bring us up to speed on Andrea Constand (inaudible) following this trial day and day out, who she is, what did and did not come out in court?
CASAREZ: She is Canadian. She is from the Toronto area. She is in the courtroom every day. The jurors learned about her that she is a massage therapist. That she followed in the footsteps of her father, originally thinking she wanted to be a sports broadcaster. She was a professional basketball player. Traveled to other countries and did professional basketball there along with the University of Arizona.
Also interesting, you know, this is a sexual assault trial. You cannot bring out prior sexual history of the victim or alleged victim. She is gay. And the defense wanted to bring this out before the jury, because in her statement to police, she said she had been in various relationships with women, but also one with a man. The prosecution fought that, did not want it to come in and it didn't. The jury did not find out.
BERMAN: All right, interesting. Jean Casarez, outside the courthouse. Back to work tomorrow. Thank you so much.
[21:40:02] Joining now, our CNN Legal Analyst, Criminal Defense Attorney Mark Geragos and former Federal Prosecutor Laura Coates.
Mark Geragos, look, the conventional wisdom is we all thought that the jury would want has some kind of verdict to say their deadlock by Friday night because they want to go home for the weekend. What does it tell you that they're sleeping on and coming back to work tomorrow? MARK GERAGOS, CNN LEGAL ANALYST: I think the fact that they came back yesterday said that they were deadlocked and got the Allen charge, which is -- for people who don't know, the Allen charge is called the dynamite charge, which is basically aimed at whoever is in the minority, if it's a 10-2 split or 11-1 split, it focuses on that minority group of jurors and basically tells them come to a verdict.
It's outlawed, believe it or not, in a lot of state jurisdictions. It's still good law in federal, but what it tells me, because you're absolutely right, John, Friday at 3:00 is the bewitching hour for juries. They generally say, "We're done. We don't want to spend the weekend."
It reminds me of a juror I had once when I was doing a voir dire. I asked him, "You know, are you going to be upset being away from your family all day?" And he said, "Well, are we sequestered?" And I said, "No, we're not sequestered." He says, "Uh, damn, damn." Maybe they're enjoying it. You never know.
BERMAN: Maybe they think they're getting close to something, which is why they just wanted to keep on working a little more.
Laura Coates, we heard the statement from Bill Cosby. You know, the defendant speaking so publicly like that, thanking the jurors. Now, presumably, hopefully they won't hear what he has to say. But what do you make of that and the fact his lawyers have filed or tried to argue for mistrial so many times while the jury has been deliberating?
LAURA COATES, CNN LEGAL ANALYST: : Well, I think Bill Cosby would be much more served if he stopped talking until the end of the trial, that meeting, the actual conclusion and the jurors either issued a verdict or there has been a mistrial declared.
It does not appear that it's helpful for any defendant, especially in a sexual assault case, who is a celebrity who may be perceived as grandstanding or using their celebrity in a way that he's -- he is advantages the actual victim. He shouldn't be speaking.
But it's also -- his comment was about the confrontation between one of his supporters and one of the alleged accusers. And I think in that respect, he did gain a little bit of the credibility that I think he had lost by the "hey, hey, hey," he said in court, et cetera.
But ultimately, when the holiday is calls for a mistrial, you know, it is very fair for the defense to say, "Listen, you've got the 11th hour." They are -- there are 15 or more hours in at this point. It is very likely that perhaps they will in fact be deadlocked on one of at least of the three charges. And we may want to have cooler heads revealing perhaps a new jury.
But, remember, the judge is not going to allow them to simple keep saying we're deadlocked. There is some indication that the jurors are giving the judge to say their resolution at least on one of the charges may be coming forward. And if that's the case, the judge has the absolute right and duty to allow them to keep deliberating.
BERMAN: Mark, in 10 seconds left, the jury has asked about 11 or 12 questions. Is that a lot?
GERAGOS: Yeah. It's a lot. And frankly, it is coercive at this point if they come out again and say we're deadlocked. He should declare a mistrial.
BERMAN: We'll pay attention tomorrow morning when they due come back. Mark Geragos, Laura Coates, thank you so much.
COATES: Thank you.
BERMAN: Coming up, as part of the CNN Special Series "Champions for Change," I'm going to introduce you to a wonderful group of people who are devoted to helping critically ill children and their families. Meet Friends of Karen, next.
[21:47:21] BERMAN: This week on CNN, we've been bringing you our Special Series, "Champions for Change." These are inspiring stories about how one person or one group is making a difference in people's lives brought to you by CNN anchors. My story is about Friends of Karen. This is a group that supports critically ill children and their families. Take a look.
BERMAN (on camera): No one's prepared to have a critically ill child. I mean, I think people avoid thinking about it.
SARAH COAKLEY, SOCIAL WORKER, FRIENDS OF KAREN: Yeah. I mean, that's the number one thing families always say, "We never thought this was going to happen to us." And nobody does. No one's prepared for it. You're not prepared financially for it. You're not prepared emotionally for it. And that's where Friends of Karen can come in.
It's always hard as she's getting treatment, right?
BERMAN (voice-over): Sarah Coakley helps family face the unfaceable. She is one of a dozen social workers at Friends of Karen, an organization which supports the families of critically ill children.
(on camera): How many families are you working with right now?
COAKLEY: I have a case load of about 40. Yeah.
BERMAN (on camera): Four, zero?
COAKLEY: Four, zero.
STEPHANIE GUITY, ZORAYH'S MOTHER: This is the process. Her hair started - she started losing her hair. This is her twin sister Zoey (ph).
BERMAN (voice-over): Take the case of 14-year-old Zorayh Guity and her family. Their world was turned upside down when she was diagnosed with sarcoma in her leg. (on camera): What's it like to hear that your child has cancer?
GUITY: It's - I'm sorry, getting emotional. It's the worst thing possible to hear. It's really heartbreaking. It really is.
Hello. How are you?
COAKLEY: Good. How are you doing?
It's always a fine balance talking about the finances and the emotional piece, but you want a parent to know that we are going to pay their bills so that they can sit by their child's bed.
GUITY: They helped me along the way so that I was able to maintain my sanity and not have to worry about one aspect of my life while I'm worrying about the health of my child.
JUDITH FACTOR, EXECUTIVE DIRECTOR, FRIENDS OF KAREN: So, come on, I'll show you something in my office. This is what I spend some of my day doing. Part of what Friends of Karen does is we pay family bills. So this is for a cell phone, hospital expenses, medicines. These are the things that keep a family afloat when their child is sick.
BERMAN (on camera): Do you ever get to the bottom of the pile?
FACTOR: There's always a new pile.
BERMAN (on camera): This really is a house, isn't it?
FACTOR: It is a house.
BERMAN (voice-over): Judith Factor is executive director of Friends of Karen.
FACTOR: We can't prevent the pain, but we can certainly lessen that pain for a family. There's not a person at Friends of Karen that doesn't feel the mission in their heart and work their hardest because they really care about the kids and their families.
[21:50:15] BERMAN (on camera): What are the darkest moments?
FACTOR: Well, we all get an e-mail when their child dies. While most, maybe 80 percent of the children are cured, it's always one is too many.
BERMAN (voice-over): Friends of Karen is named after the first child helped nearly 40 years ago. It's based out of a 150-year-old house, a genuine home for the organizations.
FACTOR: I need 15 of these, please.
BERMAN (voice-over): A home to the volunteers, a home to the 15,000 children they have helped, a home for so many memories.
FACTOR: I remember this family. We love you Eric, James, Barron. We miss you buddy. Look at this. This is the "Celebrity Jeopardy" check for $50,000 that you won for Friends of Karen. And I --
BERMAN (on camera): So, yes, I once played "Jeopardy" on behalf of Friends of Karen and I was really nervous. So beforehand, I wrote Judith a note thinking she would say, "Oh, don't worry. Just do the best you can, it will be OK," but, no.
Essentially, she wrote me back and said, "Quit whining. Think of all the remarkable Friends of Karen children who will benefits from the donation that will receive from 'Jeopardy.' Think of all the horrible treatment that they go through every day and the strength they have to endure it. Being on 'Jeopardy' will be a piece of cake compared to that."
FACTOR: I can't tell you how grateful we are to you for being so smart and for playing.
BERMAN (on camera): I was thrilled. I was thrilled that it worked out.
UNIDENTIFIED MALE: Here is the winner $42,900.
BERMAN (on camera): Look what I do.
UNIDENTIFIED FEMALE: It looks like a backpack.
BERMAN (voice-over): Friends of Karen isn't just money and medicine. Their sibling services as simple as an art project can make brothers, sisters, twins feel included, safe, remember.
BERMAN (on camera): Most of us even hate to think about these situations. And at Friends of Karen they joke that they ruin all kinds of dinner parties by bringing up what they do. And I have to confess, that my mind often drifts towards the pain and the tragedy, but they don't. You know, not the social workers, not the families.
GUITY: Of course we have always kissing her forehead. Yes.
BERMAN (on camera): In this pictures here.
COAKLEY: I often saw Zorayh laying down in a hospital bed or in a wheelchair. And a couple of weeks ago, I went to visit them and it was the first time I saw her standing and walking. And the smile on her face was huge.
BERMAN (on camera): Those smiles must make all the difference.
COAKLY: It does. That's what gets you through, knowing what it can look like at the end and what you're hopeful for each family.
BERMAN: A truly wonderful organization. Don't miss the next "Champions for Change" report on CNN tonight at 11:00 p.m. hour. And be sure to join Dr. Sanjay Gupta for an hour long especial on these champions tomorrow at 9:00 p.m. Eastern.
Coming up, Anthony Bourdain travels to Trinidad for the new episode of "Parts Unknown." He tells Anderson all about it and gets him to try duck hearts, next.
[21:57:04] BERMAN: All right. For the new episode of "Parts Unknown" airing this Sunday, Anthony Bourdain travels to Trinidad, drinks some rum, hears some steel drums (ph) and experiences all the fabulous food of the multiethnic island culture, sounds tough.
He and Anderson talks about it recently in La Sirene restaurant here in New York, where Anderson once, again, expanded his own culinary horizons. Watch.
ANDERSON COOPER, CNN ANCHOR: So the next show you did is coming up in -- you go to Trinidad. I've never been there.
ANTHONY BOURDAIN, "PARTS UNKNOWN" HOST: Now, Trinidad, I think a lot of people would -- Trinidad, it's in the Caribbean somewhere. You're going to think, you know --
BOURDAIN: Yeah. Cocoa butter beaches nuts. It's one of the three wealthiest countries in the Caribbean Black-American region. It's all about oil and money.
COPPER: Wow. They had oil. I didn't realize that.
BOURDAIN: And it's an interesting story of migration, mixed cultures, you know, they are descendants of African slaves, of course, a lot of African culture. But there's a large predominantly Indian and African, European, Middle Eastern, and Chinese presence there that's made for a fascinating cuisine, a very interesting society, but a solidified one. And I don't know whether we figured it out, but we tried.
COOPER: All right, so this is duck hearts.
BOURDAIN: Also a meaty (ph) delicious.
COOPER: Is this the actual heart of a duck?
COOPER: Just like sliced in half, like in other and everything in there?
BOURDAIN: It's all in there, man.
COOPER: Really, they don't like pull out there.
BOURDAIN: Look, like, -- I mean, you're eating the heart. What do you want them to pull out?
COOPER: I like the chewy. I like the crunchy bits.
BOURDAIN: They have a squeaky texture that I didn't like. My daughter, who is nine, loves them.
COOPER: OK. It's all right.
BOURDAIN: Yeah. I'm loving these things.
COOPER: What is the food like in Trinidad?
BOURDAIN: The food is just sort of perfect mix of -- it's one of the spicier -- they're known for their peppers. They like their peppers a lot. Their chilies, spicy, its delicious mix. So, all of those influences traditional African ingredients flavors, textures, it had a lot of Indian and east -- you know, former East Indies flavors as well, because --
COOPER: Thank you. I'm already drunk, but I'll have another one sure.
BOURDAIN: The British brought in a lot of that stuff ingredients and plants and taste for spicy stuff.
COOPER: I'm really drunk from one glass.
BERMAN: And, yes, duck hearts means duck hearts. Tune in for n hew episode of "Anthony Bourdain Parts Unknown" Sunday at 9:00 p.m. right here on CNN. Time now to hand it over to Don Lemon in "CNN Tonight."
[22:00:08] DON LEMON, CNN ANCHOR: Breaking news, tension rising inside the Justice Department. This is "CNN Tonight." I'm Don Lemon.
The source of that tension --