CNN "Erin Burnett Outfront" - Transcript: Interview with Rep. Denny Heck

Interview

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[19:47:53] BURNETT: More on our breaking news. Donald Trump Jr. making a deal with the Senate Intel Committee to testify next month. This after Republican Chairman Richard Burr issued the subpoena which Trump Jr. refused to return voluntary.

Now, here is what we understand from a source. The interview will be two to four hours. Five to six topics. Two topics that are not off limits are Trump Tower Moscow and the 2016 Trump Tower meeting with Russians promising dirt on Hillary Clinton. A committee source says Don Jr. will be asked about discrepancies between his past testimony under oath and, of course, what Mueller put his in report on those issues.

OUTFRONT now, Democratic Congressman Denny Heck who sits on the House Intelligence Committee which also interviewed Don Jr.

Congressman, thanks for your time.

So, now, we've got five to six topics, two to four hours. Obviously, we don't know all the topics, and that could be crucial in terms of where this goes. We do know that Trump Tower Moscow and the Trump Tower meeting are on the list. Those are issues you investigated in- depth as well.

What more is there to know? Do you think Don Jr. knows more on the issues than he shared?

REP. DENNY HECK (D-WA): Well, I don't know what it is that he said to the Senate Intelligence Committee the first time through, Erin. I think that's probably a lot of what this request is about.

But, first, let's step back and acknowledge this for what it is, which is the successful completion of a negotiated settlement to enable Donald Trump Jr. to reappear. I want to commend Senator Burr and Senator Warner, and for that matter Donald Trump Jr. for agreeing to do this.

This is the way the process ought to work. I would contrast it very starkly with how it's working in the House, where it's just no, stonewall, obstruction, at every step of the way unfortunately.

BURNETT: So when you look at Don Jr. coming back as I said five to six topics. We know there are 14 investigations referred out of the Mueller probe. Twelve of them we don't know what they're about.

Do you think it's possible any of those involve Don Jr.?

HECK: Well, of course, it's possible, but I don't know. I think the interesting thing about the 12 investigations spun out of the Mueller investigation is that we had no idea it was of that magnitude until the Mueller report was issued. Frankly, if you were to ask me, what surprised me the most about the Mueller report --

[19:50:02] BURNETT: Yes.

HECK: -- it was that there were 12 investigations spun out about which we had no knowledge.

BURNETT: I would have to agree with you on that.

All right. Earlier today, the president weighed in yet again on his son being subpoenaed, as, of course, he was, by Chairman Burr. Here's the president.

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TRUMP: It's really a tough situation, because my son spent, I guess, over 20 hours testifying about something that Mueller said was 100 percent OK. And now they want him to testify again. I don't know why. I have no idea why. But it seems very unfair to me.

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BURNETT: Of course, Mueller didn't say what the president says he said, but there were 20 hours of testimony as he says. Now we've got another two to four. Is that unfair?

HECK: So, fortunately, the president is not the arbitrator of these considerations, nor has any other president in history been the arbitrator of these considerations, regardless whether they were a Democrat or a Republican, or liberal or conservative. The alternative, Erin, is that we have simply no check and balance on the executive branch.

And I'm pretty sure that's at complete odds with what our Founders intended, and at complete odds with what the American public would want.

BURNETT: So, Congressman, your committee is now looking into whether Trump family lawyers, including President Trump's own attorney, Jay Sekulow, obstructed your Russia probe by possibly instructing Michael Cohen to lie during his testimony in 2017, right, about Trump Tower Moscow. Discussions when they occurred, how far during the campaign among other things.

What makes your committee believe that those lawyers would have had -- would have done that. Would have had a direct role? Would have told them to lie?

HECK: Well, in order to answer that question, I would have to reveal matters that took place in the interview that we are not yet prepared to reveal, but will be in time.

But again, I'm going to ask the same question, Erin. What is the alternative to not continuing to explore some of these things? Would that mean that we condone people lying to Congress?

Would it mean that we condone those who encourage others to lie to Congress? Would it mean that we condone those that seek to invoke an inapplicable privilege? Indeed, in the main, would it mean that we condone those who absolutely refuse to cooperate with the congressional investigation?

And the truth of the matter is, none of us really wants any of that.

BURNETT: So, when you say, obviously, you've got things you can't disclose as to why you're doing this, you're asking -- talking about whether the attorneys would have possibly instructed Michael Cohen to lie. But just to be clear here, though, those attorneys were attorneys for the Trump family, for the president, for Jared Kushner, for Ivanka Trump, for Don Jr.

Is it fair to say lawyers don't do things not at the behest of their clients?

HECK: So, the important legal principle to assert here, however, is that if anybody did encourage somebody to lie or to modify their testimony in a way that was less than truthful, there is no longer applicable an attorney/client privilege. And therefore, if there is suspicion of this, it is certainly something that bears exploration and consideration.

BURNETT: All right. Congressman Heck, thanks for your time this evening.

HECK: You're welcome, Erin.

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