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Legal View with Ashleigh Banfield

Hangover for Democrats After Republican Midterm Sweep; Who Voted, Who Didn't; Four Governor Seats Flipped From Blue To Red Last Night; Chris Christie's Extensive Traveling Pre-Election Pays Off On Election Night; Marijuana Lobby Emerges Victorious In Oregon and Washington D.C.

Aired November 05, 2014 - 12:30   ET

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

(COMMERCIAL BREAK)

ASHLEIGH BANFIELD, CNN HOST: Reminder that President Obama is going to step before the live cameras at 2:50 Eastern Time this afternoon, that's just a little over two hours from now and he's going to talk about the midterm elections that could hardly have gone worst for his partying for the Democrat.

The Republicans picked off seven Democratic Senate seat tilt in the balance of power from this to that. Two Senate races are still too close to call and one Louisiana is headed for a runoff election. And then, if you look in at the House, it'll be even redder than it was before. Overall, the Republicans will have their biggest congressional majority since the Truman administration. That's going back.

New York Daily News has a message for team Obama comes down to one four-letter word and it's "Nope," quite a cover. Time to bring in our senior White House correspondent, Jim Acosta.

You know, the morning after a big celebration and party is never comfortable unless you're the one partying, but I'm thinking it is dead quiet where you are right now.

JIM ACOSTA, SENIOR WHITE HOUSE CORRESPONDENT: Yes.

BANFIELD: But for the sounds of wound that's licking. Can you take me to the White House?

ACOSTA: It's hangover city on this side of Pennsylvania Avenue, Ashleigh. No question about it. I mean, this wave that the Republicans experience last night was much bigger and far stronger than I think the White House anticipated and they're a little bit show shocked today.

We do know from talking to White House officials earlier this morning, the President did place a phone call to the incoming Senate Majority Leader they expected at coming, Senate Majority Leader Mitch McConnell, but that he didn't get through. And so we're still waiting to find out whether or not the two men have connected.

But in the meantime, Ashleigh, the White House has provided a very lengthy list of different leaders in both parties that the President reached out to you last night and quite interesting to note that among those phone calls would be Nancy Pelosi who is identified as leader Nancy Pelosi in this e-mail from the White House. But Harry Reid is referred to as Senator Harry Reid.

So for -- a sign of things to come that the majority leaders about to become a minority leader. You know, Ashleigh, some of the things that we're looking for in this news conference this afternoon from the President is whether or not there is a change in tone. And from talking to White House officials, they are saying that the President (inaudible) they recognize they are clear-eyed about what happened in those midterm elections last night.

But they do see a path forward and White House Chief of Staff Denis McDonough he's been secretly and quietly convening meetings around Washington over the last several weeks to prepare for a GOP Congress. And so they say they're ready for that, but the question, Ashleigh, and I think this is going to be asked today of the President is what that will result in in terms of policy. The White House was saying just yesterday as Press Secretary Josh Earnest, will the President take executive action on immigration by the end of the year, they said yes, that is going to happen before the end of the year.

But now Republicans want to do immigration reform obviously because it helps with their demographics for 2016. So can both of these sides work something out and get some legislation passed, that is one of the big unanswered questions for today and then that some of that quite frankly I think will come up also on Friday when all these leaders get together here at the White House.

BANFIELD: So, you kind of lost me right off the beginning when you said, the President couldn't get through. I'm not going to make a big deal of that because, look it is a big morning after --

ACOSTA: Right

BANFIELD: But I just don't get it when the President doesn't get through. Apparently he left a message. So, ought to be a fly on that voice now. Jim Acosta --

ACOSTA: Yes, they're still working on their communication over here, that's right.

BANFIELD: Well, in more ways than one it turns out. Jim Acosta, thank you so much, my friend.

ACOSTA: Right.

BANFIELD: You know, if you like me, you know, I'm very proud of this. Went to the ballot box, got my sticker, I keep them. I keep every sticker because I think it's so great to vote is absolutely fascinating we see people coming out and you hear from them because when you leave the polling stations, some people actually get to answer questions and we get to find out why they voted the way they did and what's on their minds. They're called the exit polls, you may or may not have seen them, but a majority of America according to this poll did satisfy or downright angry with President Obama's administration and the GOP leaders, perhaps even more interesting how the vote actually compares to the one in 2012.

Our John Berman joins me now and he's been looking at all of the data from the exit poll. So first and foremost, tell me who were the people who walked out with these stickers?

JOHN BERMAN, CNN CO-ANCHOR: Yes. Who voted tells a really interesting story here. Ashleigh, look at this. This is who voted in terms of gender there was a 51, 49 percent break. 51 percent of those who voted are women. How does that compare to two years ago? Well two years ago 53 percent of voters were women.

The really interesting thing though is how they voted. Two years ago, President Obama had an 11-point edge among women, well how does that measure up against yesterday? Well, yesterday women only gave Democrats a 5-point edge. So, a much smaller margin.

What about race? Race also very interesting. I want to highlight this, yesterday Latinos made up 8 percent of the vote. How does that compare to two years ago? You can look, two years ago Latinos were 10 percent of the vote, a much higher or a little bit of a higher proportion but how did they vote? This is was whopping two years ago by a 44 percent margin, Latinos supported President Obama, what about this time? A much, much smaller margin, here we can break that down. Here's a 28 percent more then they supported the Democrats 28 percent this year, 44 percent margin two years ago.

Let's talk about age quickly. I want to highlight these two numbers up here. Those under 30 made up just 13 percent of the vote yesterday. Compare that to two years ago, two years ago was 19 percent of the vote were under 30. Two years ago only 60 percent were older than 65, compare that to what it was yesterday, 22 percent older than 65. So a much older electorate which tends to favor Republicans, Ashleigh.

BANFIELD: But then again it is the midterm thing and some people are just so apathetic about midterms. I mean, I think -- again, I repeat this, about 15 percent of people said they cared about this midterm election which, you know, is surprising in its own right, what did they care about? The ones that did care, what were the issues they actually cared about?

BERMAN: That sounds a very interesting story as well. We did ask that question. Look at this 45 percent said the economy was the most important issue, that was the issue listened most frequently in the exit polls, health care number two at 25 percent. Both these tell an interesting story.

Let's look at the economy, love this. If you said the economy was getting better, you favor the Democrats 75 to 23. If you said the economy was getting worst, well you favor Republicans 77 to 20. So what you thought about the economy determine where you vote and let's look at the second most important issue again health care.

25 percent of voters said health care was the most important issue, that was the second most popularly listed issue to us, but if you said health care was your most important issue, you actually vote for Democrats, 59 to 39. To me that was interesting because all this talk about ObamaCare that it might drive Republicans to the polls, well he wasn't the most important issue to win off it in because Democrats actually, you know, worked on the health care issue, Ashleigh?

BANFIELD: Well, we've had ISIS and Ebola and all sorts of things in the news cycle since ObamaCare was so big. So maybe that's not so shocking. But I love when you break down the numbers, thanks John. Have you gotten any sleep? You've been up all night haven't you? You're about to.

ACOSTA: Minutes away.

BANFIELD: Minutes away. All right, well I'll release you. Untethered, my friend.

So as we look at the message that the voters spent in last night's election, what does it mean for 2016? What does it mean for the race for the White House and what does it mean for that guy New Jersey Governor Chris Christie tough talk and tough questions too, see how he answered them because it was really interesting T.V.

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BANFIELD: Republican congressional candidates aren't the only one celebrating today. Republican governors and would be Republican governors had a pretty good night in South.

Four governor seats flipped from blue to red only one the -- in Pennsylvania went the other way. The Republican governor of New Jersey was not running yesterday but he helped a lot of people who were running and this morning Chris Christie sat down with my colleagues on New Day.

(BEGIN VIDEO CLIP)

GOV. CHRIS CHRISTIE, (R), NEW JERSEY: I was in 19 states in the last five days. So last night I was at home. Last night I was at home but we had a great night and you know when Thom Tillis won in North Carolina, Joni Ernst won in Iowa we knew it was a good night for Republicans in the Senate, but my focus last night was on my governors races and, you know, we have -- the first round our win in Illinois, Charlie Baker win in Massachusetts and Larry Hogan win in Maryland. That's a really good night for Republicans to win in those blue states. There's a blue state governor myself and as a Republican, I was particularly gratified.

UNIDENTIFIED FEMALE: So to what do you attribute that success particularly in those blues states for governors?

CHRISTIE: Well, I think they've seen Republican leadership in other states and it's been enormously effective and, you know, we had a lot of folks they say a lot of Republicans incumbents were going to lose.

Well Rick Scott won in Florida, Rick Snyder won in Michigan, Scott Walker won in Wisconsin. So, you know, I think they saw -- they elect governors who get things done and I think you saw that across the country. If you're a governor who gets things done, the voters rewarded you.

UNIDENTIFIED FEMALE: Do you think it suggests that the country is more right leaning than some pundits would have people believe?

CHRISTIE: Well, I've always thought that but I take more importantly there's such anxiety in the country about what's happened in Washington and how things just haven't gotten done. You know I think what they were doing was governors was rewarding the governors they believe get their job done that don't engage in all those perks and bickering and ugliness but they work together with their legislatures, whether of a same party or a different party.

So the fact that that's why it's really rewarded, people are so tired of the grid lock and the ugliness in Washington. They want to see things get done, I think they rewarded Republican governors because they've been getting things done.

UNIDENTIFIED FEMALE: So, it's the morning after the midterms and you know what that means, time to talk about 2016.

CHRISTIE: Yes, really, really get to breathe, huh.

UNIDENTIFIED FEMALE: No, we don't. It's time to set our sight forward on 2016. I know you get this question all the time, but really what is your timetable for when you're going to decide?

CHRISTIE: You know, some time next year, there's no rush. In making this kind of decision, I think there's no reason to rush a decision as important as this. You know I said it all along those three questions I'll ask myself, is it right for me, is it right for my family, is it right for my country. And if I don't answer yes to all three I won't run. And if I do answer yes to all three then I will.

UNIDENTIFIED FEMALE: And today on a day when there's been such victories for Republican governors, aren't these are the answer to all that, yes?

CHRISTIE: No, I didn't asked the questions yet.

UNIDENTIFIED MALE: Come on

CHRISTIE: No.

UNIDENTIFIED MALE: Come on.

CHRISTIE: I have not.

UNIDENTIFIED MALE: I'm not going to be kind or gentler, you got the pink tie, respect that, but that's an --

CHRISTIE: Thank you.

UNIDENTIFIED MALE: -- sensitivity, want to have your party shown. I could -- we've been seeing how you're building the future of the party. But, you're the one who's leading the Republican governors, OK?

CHRISTIE: Yes.

UNIDENTIFIED MALE: OK, you have as much credit for what happened there and we know that, you know, success has many fathers, right? You certainly going to be one of them. Rand Paul was out there last night, he was punching Hillary on the nose every chance he had, he's talking about you and what was perceived as bullying somebody at the press conference, it started.

So you can't just step to the side, you're going to have to get it to the race so the race will come to you.

CHRISTIE: Says you.

UNIDENTIFIED MALE: Says me, I'm the (inaudible)

CHRISTIE: Yes, I understand.

UNIDENTIFIED MALE: We will force you to make a decision.

CHRISTIE: Well, you know, how it happens when people try to force me to do anything.

UNIDENTIFIED MALE: I'm already seated (ph) --

(CROSSTALK)

CHRISTIE: You know it just doesn't work.

(END VIDEO CLIP)

BANFIELD: I love that. You know Chris Pomono (ph) there's a thing or two about how that governor thing works too.

Legalizing marijuana was on the ballot several places as well. And you know what it won in the couple of states is this going to lead to a big wave of weed win in 2016? That story next.

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BANFIELD: So the GOP wasn't the only big winner last night. The marijuana lobby also registering some victories in Oregon and Washington D.C., of all places, where the voters approved legalizing recreational pot. It also appears that Alaska is going to legalize pot, though the final numbers aren't fully in yet. On the other hand, a medical marijuana initiative -- a medical marijuana initiative in Florida no go. That was defeated.

So joining me now to talk about the medical -- or the marijuana movement in general and other initiatives that were on the ballot yesterday is CNN's Evan Perez. So start with pot, and what last night means for what other states might end up doing in 2016? EVAN PEREZ, CNN CORRESPONDENT: Well, Ashleigh, you know, the vote last night in Oregon and in Alaska, and in D.C. really sets us up for 2016, where California is likely to have this on the ballot. And, you know, people who support this issue say that's going to be the big moment of trying to make marijuana perhaps follow gay marriage in getting wider acceptance around the country.

You mentioned Florida, Florida is very strange because you have the governor winning the re-election there by getting much less support than the marijuana initiative. Florida has a law that, you know, requires 60 percent approval, they only managed to get 57 percent and supporter says they're going to be back with that initiative back in 2016 as well.

BANFIELD: All right. So while you were talking, we popped up this graphic about Colorado and Personhood. I'll jump to that in a second but not before I just drill down on that whole D.C. thing. You know, I think our viewers know by now that the District actually is run by the federal government --

PEREZ: Right.

BANFIELD: -- even though it's kind of districtee (ph), and they have to OK that. So what's going to happen? Is it possible that the federal government might actually weigh in on that pot initiative in D.C. and say, "Go for it. Come and smoke up on this." That's the --

PEREZ: Well, you know, the Obama Administration says they're not going to try to block it. However, you have already some Republicans in Congress who say that they're going to try to block the law, that they have a review period in the start of the year, where they can try to block the law.

Rand Paul, the senator, who oversees the committee that has jurisdiction over the District of Colombia, he says he doesn't think Congress should try to interfere with the will of the people, so we'll see how this sets up in the next few months. But the supporter say, they hope by March to have legalize pot here in the nation's capital.

BANFIELD: Hey, Evan, a time for one-word answer on the Colorado thing just because the person who'd issue -- they rejected it in Colorado third time --

PEREZ: By two to one.

BANFIELD: -- is it going to be back? Yes, so is it coming back in place --

PEREZ: Exactly.

BANFIELD: OK.

PEREZ: It probably -- probably it will be back because they think that they can build support for that.

BANFIELD: All right, Evan, nice to see you. Thanks sir. Appreciate it.

PEREZ: You, too.

BANFIELD: All righty. So if you think Republicans are happy, you got to wait to hear about the other huge win last night. Somebody has 300 million reasons to be super happy about a teensy little purchase they made in New York. We'll get the details on a huge, huge jackpot. Coming up.

(COMMERCIAL BREAK)

BANFIELD: Checking some other top stories now, in East Jerusalem, a driver in a commercial van ran over and killed an Israeli border police officer and 13 other people were hit and injured. Before the driver got out of the vehicle and attacked people with a metal bar, he eventually was killed by the police.

So this is amateur video said to have been taken today showing Israeli police flashing with Palestinians at the Temple Mount, also in the old city of Jerusalem. A Muslim worshipper say that hundreds of officers raided that compound and threw stun grenades into the Al-Aqsa Mosque.

In about two hours, we are going to hear from President Obama just one day after the GOP's huge majority win in the Senate and the expanded majority in the House. And let's not forget those governor's races too. He's going to hold a new conference at 2:50 Eastern time. It will be live right here on CNN.

And a big winning lottery ticket was sold in New York and whoever owns that ticket hit the estimated $321 million Mega Millions jackpot last night. This is the 8th largest Mega Millions in history. The wining ticket matched all six numbers, 9, 15, 24, 39 and 41 and the big Mega ball of 1. Next drawing is Friday, but it just worth a poultry jackpot, estimated to be about $15 million. And the strange thing is the guy who buys our lottery poll tickets, he's not here today. It's just (inaudible).

Happy day-after election everybody. My colleague, Wolf, starts right now.