Justice Department Drops Case Against Michael Flynn; Justice Department Drops Case Against Michael Flynn; New W.H. Press Secretary Once Called Trump For "Racist Statement".
BLITZER: We'll get back to all the latest developments of the coronavirus pandemic in just a few moments. But, first, the Justice Department announced a little while ago that is dropping the case against the former National Security Adviser Michael Flynn. He resigned less than one month after the President was inaugurated. And in December of 2017, he pled guilty to lying to the FBI. Let's get some insight from our Chief National Security Correspondent Jim Sciutto and our Chief Legal Analyst Jeffrey Toobin. Jeffrey Toobin, by the way, has just finished a brand new book entitled, "True Crimes and Misdemeanors: The Investigation of Donald Trump" and we're looking forward to reading that book. Jim, let me start with you. You've covered Flynn extensively, from his admitted lies about his contacts with Russia to his cooperation with Robert Muller's overall investigation. Does this new development makes sense to you?</s>JIM SCIUTTO, CNN CHIEF NATIONAL SECURITY CORRESPONDENT: Listen, there are two levels here, one, right, he lied. We know he lied because he pleaded guilty to lying and he pleaded guilty to lying under oath. We also know that the President fired him and said that his reason for firing him was that he lied to the Vice President. So he lied. That's one that matters in the justice system. Jeffrey Toobin knows that better than anyone. Two, though, is the substance of the lies, what he lied about. He lied about contacts with Russians during the transition, specific to the question of encouraging Russia so those the allegation not to retaliate for Obama administration sanctions for Russia's interference in the 2016 election. Why did he lie about his contacts with Russians? Russia, of course, an adversary that just interfered in the U.S. presidential election and who directed him to lie. That's remains an open question. It's something that the Muller investigation could not get to the bottom of in part because Michael Flynn wouldn't go there. So it's the lie itself but it's also the substance of the lie which gets to a key national security moment in this country. Russia just interfered in the election, the Trump administration reaches out to Russians, communicates in the National Security Adviser, lies about those communications. That matters.</s>BLITZER: You know, Jeffrey, you've been reading through this very lengthy Justice Department filing, what's their argument for dropping the case and do you believe it's legitimate?</s>JEFFREY TOOBIN, CNN CHIEF LEGAL ANALYST: The argument is that even if he did lie, even if the Flynn did lie, this was not a legitimate investigation at that point in January of 2017. It is one of the most incredible legal documents I have read and certainly something that I never expected to see from the United States Department of Justice. The idea that the Justice Department would invent an argument and argument that the judge in this case has already rejected and say that's a basis for dropping a case where the defendant admitted his guilt shows that this is a case where the fix was in. Donald Trump has been saying for months, if not years, he feels sorry for Michael Flynn. He wanted to help Michael Flynn. That's what this case is about, not the equal protection of the law.</s>BLITZER: Very interesting. And Jim, none of this changes the fact that President Trump actually fired Michael Flynn and Michael Flynn pleaded guilty.</s>SCIUTTO: Indeed. And listen, remember, there's another national security aspect to the lies and this is something that Sally Yates, at the time the acting Attorney General, spoke to in those -- that period when Flynn was fired, which is he lied, and the Russians knew that he lied because they knew the substance of those conversations during the transition. And when the adversary knows that you lied, and the American public to that point does not, that is a pressure point that that is something that you could use to influence the most senior national security official in the country at the time that the national security adviser to the President. So many layers as to why the lies mattered. And here you have that whitewashed in effect. I mean, it has enormous national security implications.</s>BLITZER: And Jeffrey, what's the role of the Attorney General Bill Barr in all of this?</s>TOOBIN: He's the boss. This is his work. I mean, this is part of the story where they are trying to undermine the work of the Special Counsel, of Robert Muller. You saw it when they tried to get a lesser sentence for Roger Stone. You saw it here where they're trying to get rid of the Michael Flynn case. You see it as the President keeps talking about the possibilities of pardons. He doesn't need to pardon Flynn anymore, but George Papadopoulos, Roger Stone, Paul Manafort, all are betting on pardons. And that's where this is all heading. It's all heading towards the President wiping the Muller investigation out of the history books, at least as far as criminal convictions are concerned.</s>BLITZER: Jeffrey Toobin, thanks very much. Jim Sciutto, thanks to you as well. More news we're following right now. She's one of President Trump's fiercest defenders. But the new White House Press Secretary Kayleigh McEnany once called him out, accusing him of making a racist statement. CNN KFile Senior Editor, Andrew Kaczynski, he and his team have been investigating all of this for us. Andrew, tell us what you found out.</s>ANDREW KACZYNSKI, CNN KFILE SENIOR EDITOR: : Yes, so before Kayleigh McEnany became one of President Trump's most prominent and loudest defenders. Actually on our network a couple of times, she criticized him pretty harshly, saying he had made hateful, derogatory racist statements when he launched his campaign with those comments, well remember about Mexicans that he made it up first campaign rally. At times, she said he didn't deserve to be pulling so high and said this was not welcomed rhetoric in the party. Let's just take a listen to one of those statements from her.</s>UNIDENTIFIED FEMALE: How sick the polls are people in New Hampshire right now?</s>MCENANY: Probably very sick especially when they see that Donald Trump is number two and doesn't deserve to be there. Donald Trump has shown himself to be a showman. I don't think he's a serious candidate.</s>DON LEMON, CNN HOST: Kaleigh, this is your guy. He's number two in the polls.</s>MCENANY: Hey, I don't want to claim this guy. I -- Donald Trump, if we're going to be honest, is it progressive? What's the expiration date then on a racist statements? To me a racist statement is a racist statement. I don't like what Donald Trump said. I don't like what Al Sharpton says and at what point does it expire and become something that's in the past.</s>KACZYNSKI: Yes, so all those comments came in June of 2015. She would later go on to be a prominent defender of Donald Trump on our network RNC spokesman, Trump campaign spokesman, now the White House Press Secretary. What we found very interesting was when we get to July and October, she not only very abruptly started defending candidate Trump, but she actually even defeated those comments that he made that she had previously called racist.</s>BLITZER: I know Andrew you asked for her reaction to all these statements. What did she tell you?</s>KACZYNSKI: So we reached out to the White House a couple of times this morning, e-mailed her personally, but we still have not heard back.</s>BLITZER: Once we do, we'll report what she has to say of course. Andrew Kaczynski, thanks very much for that. Coming up, our own Dr. Sanjay Gupta, he will answer your questions about the coronavirus pandemic. We'll be right back.