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Legal View with Ashleigh Banfield

Discussion of Sandusky Case; Blizzard in Buffalo; Obama Immigration Announcement Set for Tomorrow

Aired November 19, 2014 - 12:30   ET

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

SARA GANIM, CNN INVESTIGATIVE CORRESPONDENT: Now, most of the people who have been publically shamed have lost their jobs, either resigning or being forced out. But State Police Commissioner Frank Noonan, he still has his job because according to published reports, the governor says there was no proof that he opened the e-mail.

And there are also people, Ashleigh, in the private sector who have also lost their -- or kept their jobs.

ASHLEIGH BANFIELD, CNN ANCHOR: Kept their -- so what's...

GANIM: Yes.

BANFIELD: -- next for the attorney general in Pennsylvania?

GANIM: So, she testified before a grand jury on Monday in a completely unrelated case, a different case not related to Sandusky because she's under investigation too for potentially leaking a grand jury-related document. And like I said, not related to Sandusky but it is related to that feud that she has on going with the prosecutor, Frank Fina, the Sandusky prosecutor and it's related to this gag order that she says is keeping her from investigating the e-mails.

Now sources told us that look, there are no names in that gag order, it's vague. But she says, she's been being cautious because she believes that she's found to be...

BANFIELD: In violation, sure.

GANIM: ... she could go to jail. Yes.

BANFIELD: Yes. There's a real technical term for that story, it's called a mess.

GANIM: Absolutely.

BANFIELD: An absolute mess. Sara Ganim, great work as usual. (inaudible) Sara Ganim, thank you very much for that.

So, I know that you often hear about firefighters as heroes. But you're about to find out about some firefighters and that awful snowstorm who go beyond heroic. They delivered a baby. And while we're at it, how about that mom, in a fire station, delivering a baby because she couldn't get to the hospital because of all the snow. We'll take you live there in a moment.

(COMMERCIAL BREAK)

BANFIELD: I want to take you back to the story of the hour, the winter weather. And technically we are still in autumn, folks, but no matter. Buffalo, New York has basically been hit with a year's worth of snow in just three days. We are talking about 5 feet plus of snow and it is still coming down there.

And if that fact doesn't blow your mind, consider this, Buffalo Niagara International Airport is open. The runways are not only clear, but the runways are dry. And yes, you are looking at pictures from Buffalo. A whole lot of flights are cancelled though because people cannot get to the airport because the roads effectively look like this. This is not some residential side streets and those are not loose tracks. This is I90, it's an interstate. And first responders are having to get around on snowmobile. A non-emergency travel is completely banned at this point.

Six people have reportedly died because of this weather. And, most of that because of heart attacks, we are told, a lot of it because of shoveling snow.

This snow came at a particularly bad time for Bethany Hojnacki. Yesterday, Bethany went into labor. And so travel banned be damned, husband Jared ventured out to drop off their son with his grandparents. Now, here are the Hojnackis in very warm climates. But Jared was headed home to get Bethany, to get her to the hospital when he stopped to help a stranded driver and wouldn't you know it, the stranded driver turned out to be a pediatric nurse.

So, I'm going to let Bethany pick up the story from the there. She joins me on the phone now from Mercy Hospital. And boy, that's (ph) thankful that you're in the hospital in Buffalo. Bethany, can you hear me?

BETHANY HOJNACKI: Yes, I can. Great.

BANFIELD: Congratulations. Congratulations on your new bundle of joy, boy or girl?

HOJNACKI: Girl. Yes (inaudible).

BANFIELD: Look at her. We're seeing a picture of you and your husband, Jared. And, what an amazing story you have to tell. By the time your husband got back home with that pediatric nurse in tow, what did you do then?

HOJNACKI: Well -- and then there were a lot of firemen with him also. And we decided to wait a little bit and wait for the ambulance to come and be able to take us to the hospital. So, Denise (ph), the nurse, waited with us who is so great. And then we tried to get to the hospital but we didn't quite make it with our escort.

And so, we ended up at the fire house where we were eventually joined by another nurse, one who specializes in babies, maternity afterwards, that was also stuck. So God really...

BANFIELD: So...

HOJNACKI: ... orchestrates the whole thing. Yes, that both nurses were there. One to deliver the baby, and the one to take care of the baby. And, yes, so, we got -- we couldn't make it to the hospital in time, but we had so many people praying for us that we were just -- it felt like an overwhelming piece. And, you know, it's a crazy time for sure but a happy ending. So, I don't know, we're just so excited and we're so, so happy and thankful.

BANFIELD: And so effectively, you gave birth in a fire house, that is going to be story...

HOJNACKI: Yes.

BANFIELD: ... that you're able to tell your new daughter out when she's able to really comprehend it.

HOJNACKI: Yes. And as fun as it was, I hope she has a different experience to share when she becomes a mom herself -- Yes.

BANFIELD: Well, listen...

HOJNACKI: And I just want to tell you -- go ahead.

BANFIELD: Yeah. No, go ahead, go ahead.

HOJNACKI: Oh I was just going to tell you about her name, Lucy Grace. We decided, Lucy means illumination. And so we decided it would be like "Grace Illuminated". And which is also kind of cool about, you know, the day that is so sad, how many people died but that's just -- this is baby is such a great light and, you know, such a dark, dark storm and everything too.

And so just -- I don't know. So grateful that there's a bright spot in all of this and we really feel for all the people out there that are dealing with so much. And this hospital has been great, all the people here have been here for 40 plus hours, you know, not without any relief and everything. And so -- the people of Buffalo have really come together and we're grateful for them and grateful to God that this is really kind of big blessing for us.

BANFIELD: Well, Bethany, congratulations to you and your family. You nailed it, you said a bright spot in a very dark storm and we're just thankful that you're all OK and your smiling face -- it says it all. Congratulation to you, good luck.

HOJNACKI: Thank you, thank you very much.

BANFIELD: Beautiful, beautiful baby and beautiful family too.

I've got some breaking news I want to bring your way. This is just coming across our wires right now.

President Obama has some big plans tomorrow night. Apparently, he's going to make an announcement about issuing executive action on immigration. He's planning a primetime address on television tomorrow night, followed by an event that he'll be in Las Vegas for Friday. This, according to a democratic congressional source, and another source that's also been briefed on the White House plan, so, there you have it some big news that's about to be made, the President making executive action announcement in a primetime address on plans for immigration reform. Of course CNN is all over this.

Quick break, back right after this.

(COMMERCIAL BREAK)

BANFIELD: The President breaking news today by suggesting by tomorrow night primetime, he will be on the airways with a major announcement about immigration reform in the way of executive action. All of this as he's headed off to Las Vegas, the day after, but this news breaking from the White House, where our CNN White House corresponded Michelle Kosinski is standing by. Perhaps no big surprise because we've been told expect something by the end of the year and here we are towards the end of November.

MICHELLE KOSINSKI, CNN WHITE HOUSE CORRESPONDENT: Ashleigh, right, yes. It wasn't definite that it would happen so soon. I mean this has been speculated for weeks now that it could happen as soon as now because the President has just return from his trip to Asia.

But this long-awaited announcement we have now confirmed, will happen in primetime tomorrow night. He will take executive action on immigration, followed up with that trip to Las Vegas that you mentioned. He'll be speaking at a school and that's where he'll make a broader announcement and talk further about those elements. Now some of those elements have leaked out, but keep in mind, there is as of yet, no official announcement from the White House.

So, it is possible that things could change, but at this point, based on reporting from government sources and others, is executive action is expected to allow documentation or some level of legality for parents of U.S. citizens and those who have a green card or legal status here, excuse me, but he's not expected to do the same for parents of "dreamers". Those people who are brought here as children and who are already eligibility for differed deportation or differed action under the action that President Obama took two years ago.

So, that's sounds very complicated but its not as broad as some might have thought that it could be, but is does broaden that limit as it stands now to some parents of legal residence here. Expected to include about 3 million people, Ashleigh.

BANFIELD: OK. And while were actually going to talk numbers in a moment, Michelle, I want to just replay some of the comments that the (inaudible) chief or the President made on Friday, specifically with regard to this kind of action have a look.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: I gave the House, over a year, to go ahead and at least give a vote to the Senate bill, they failed to do so. And I indicated to Speaker Boehner several months ago that if, in fact, Congress failed to act, I would use all the lawful authority that I possess to try to make the system work better. And that's going to happen. That's going to happen before the end of the year.

(END VIDEO CLIP)

BANFIELD: So, you mention 3 million but, I mean really it's -- at this point final numbers on those people who will be shielded aren't really known, are they? And this should give a (inaudible) to critics.

KOSINSKI: Exactly. Yes, it could be 3.2 million to 3.5 million. I mean it really depends on what exactly the President is going to do. And he's expected to outline his legal basis for doing so and this has come under so much scrutiny, especially because in recent days, past speeches by the President has been sort of dredge up. And he was saying in some of this earlier statements that he didn't think he have the legal authority to take executive action.

What the White House is saying about that was that, well two things have changed, first of all Congress has made it clear that they don't intend to take action on comprehensive immigration reform, and that since the President made statement like that, saying that it's Congress' job to do this on immigration, that he ordered a comprehensive review of what he could possible do under the law. Yu know, since then, we've been hearing from people within the administration and others saying that they hope the President goes as far as the can under this. I mean, his directory of domestic policy yesterday said that the President does plan to go as far as he can under the law.

So, we're talking about what parents might be included in this. It's possible that the White House felt that, you know, there is a limit to what could hold up in court. You know, some are threatening -- some in Congress are threatening a law suit over this already. So, it remain to be seem what exactly are the parameters of this, and then what is going to be possibly the equal and opposite reaction from Republicans in Congress. But it's looking to be around 3.5 million people included.

We do know that based on the study that was done, if this executive action did include people like parents of people who are brought here as children, then that would be up to around 3.7 million Ashleigh.

BANFIELD: And when were talking about the broader numbers, Michelle, there are roughly 11 million people or so in this country who are undocumented immigrants...

KOSINSKI: Right, nearly12 million, right.

BANFIELD: Nearly 12 and some people argue even higher, some lower. But that is a significant number. And back in January of 2013, the President launched his whole effort. He launch his push for immigration reform in, of all places, Las Vegas which means this will be very effective as this is where he's headed directly after the primetime address.

KOSINSKI: And it will see at the same school.

BANFIELD: Oh, is that right? OK.

KOSINSKI: So same location, right.

BANFIELD: So, thank you for that. So it's pretty obvious what's coming but it's a -- what's less obvious is when Congress is going to get the official notification, the memo, so to speak and whether Congress read John Boehner, at this point, is lawyering up as you just heard Michelle reports.

So Dana Bash, our expert in Congress, coming up next.

(COMMERCIAL BREAK)

BANFIELD: Pop -- pop corn, mark your calendar because tomorrow night, in primetime, the President is set to take to the airwaves to announce executive action on immigration reform. And after that, head straight to the place where he launched his push for immigration reform almost two years ago this January, Las Vegas. In fact, the exact school where he made those initial speeches.

So, the Homeland Security Chief has said before that legislation is always preferable but that they have wide latitude in this administration to do this, to do this by executive action. That doesn't mean that anyone on Capitol Hill is going to love it, particularly Republicans.

I want to bring in Dana Bash who reports heavily on all things Capitol Hill. And I'm just wondering if there are many meetings with the attorneys at this point. Because it's one thing to call him Emperor Obama, but it's another thing to actually find the legal grounds to stop him.

DANA BASH, CNN CHIEF CONGRESSIONAL CORRESPONDENT: Oh, yes. There have been meetings from one end of the Capitol to the other end of the Capitol, inside Republican offices, Ashleigh. But for some time now, this is the best, at least, best kept secret in Washington. It's been an open secret that the President is going -- be doing this as soon as this week.

So, Republicans have been publically talking about the fact that this is, as you said, evidence that he is Emperor Obama, about the fact that even this morning on the Senate floor, the number two Republican in the Senate said it's an abused of power. But the open question is what are they going to do about it, and they don't know the answer to that. And Republicans who privately admit that they don't have a lot of very good options on how to handle this. But that is not going to stop the rhetoric, very angry rhetoric which we've already seen get even hotter.

BANFIELD: And it's no secret that it has been, you know, gridlock. I hate even saying that, it feels so repetitive to say gridlock, but could this gridlock be sort of cemented by this kind of action for the next two years.

BASH: It could. And, you know, you hear from White House officials and other Democrats who I talked to -- say, "Look, you know, what you're doing here, right?" By signing this executive order, you are as Mitch McConnell said from day one, waving a red flag in front of a bull, not so much because of the Republican leaders. But because they have to deal with their Republican rank in file conservatives who are in the House, especially from very conservative district who are very worried about primary challenges.

And they are going to be saying to their Republican leaders, "Really? You want me to work with this president on anything, never mind immigration, on anything after what he just did? And I already have a constituency that doesn't trust him." So, that is the context in which this is happening. Is it possible that they could do -- that the White House is right and their calculation is, "We got to do this to help the, maybe three, four, million people who are in this country illegally?" And that maybe down the road that could be legislation. It is possible, Ashleigh, but is going to make it...

BANFIELD: OK.

BASH: ... a lot harder for this Republican leaders could do this.

BANFIELD: Dana Bash, you've got a big day ahead of you because there's a lot of work on your plate, as a -- it's the same for my colleague Wolf Blitzer who starts after this quick break.

Thanks for watching everybody.

(COMMERCIAL BREAK)