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Early Start with John Berman and Zoraida Sambolin

Obama Defense Senate Report; Deal Reached on Spending Bill; Kerry Calls for New Flexible ISIS War Powers; Appeal of Pistorius Murder Acquittal Can Proceed; New Police Protests; Coast to Coast Storms; Cam Newton Injured in Car Accident

Aired December 10, 2014 - 05:00   ET

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


CHRISTINE ROMANS, CNN ANCHOR: Brutal, deceptive and ineffective. A scathing U.S. Senate report revealing CIA torture practices after 9/11, revealing disturbing -- disturbing methods investigators used to interrogate suspects. This morning, growing controversy over the report's content and its release. Are Americans serving overseas now in danger?

Good morning. Welcome back to EARLY START. I'm Christine Romans.

JOHN BERMAN, CNN ANCHOR: I'm John Berman. It is Wednesday, December 10th. It is 5:00 a.m. in the East.

U.S. diplomatic and military families around the world on high alert right now. Officials are concerned about possible reprisals in response to an explosive Senate report released on the CIA's use of harsh interrogation techniques after September 11th. This report includes pretty some shocking revelations about mocked executions, days of sleep deprivation. This is all in addition to waterboarding.

CNN's Michelle Kosinski is at the White House with very latest -- Michelle.

(BEGIN VIDEOTAPE)

MICHELLE KOSINSKI, CNN WHITE HOUSE CORRESPONDENT: Hi, John and Christine.

The Republican outcry over his has been intensive and detailed. Here's Senator Mitch McConnell.

SEN. MITCH MCCONELL (R-KY), INCOMING MAJORITY LEADER: I think what it does for the U.S. government is endanger every one of our people overseas, every embassy flying an American flag. As several of my colleagues have just pointed out, endanger the working relationship we've had with a variety of different countries in trying to deal with intelligence gathering. In short, it was a big step in the wrong direction.

KOSINSKI: We heard Senator Cornyn say he can think of no bigger disservice to the people of the CIA, no bigger recruiting tool for terrorists than the release of this report. Republicans say it endangers American lives overseas. It's politically motivated, essentially a Democratic-controlled Senate's last chance to release it before that control shifts. And they called to task its method, saying it's inaccurate, especially this assertion that it's produced no actionable intelligence.

Republican senators produced a long list of instances in which they say these methods led to things like the breakup of terrorist plots, capture of leaders, even the killing of Osama bin Laden.

The White House would not wade into that debate over the intel or over whether there should have been people prosecuted over this. But they did call the release an example for democracy.

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: We've taken precautionary measures in our embassies and around the world. There's never a perfect time to release a report like this. But it was important for us, I think, to recognize that part of what sets us apart is when we do something wrong, we acknowledge it.

KOSINSKI: Although the White House said that there was a threat assessment done for every single U.S. diplomatic post overseas, and that embassies were prepared for any possible backlash over the last several months -- John and Christine.

(END VIDEOTAPE)

ROMANS: Michelle Kosinski at the White House -- thank you for that, Michelle.

There's new outrage this morning on social media with online jihadists calling for retaliation against the United States. The State Department warning U.S. citizens in some countries where CIA torture took place, that they could face anti-American violence.

A U.N. human rights official applauded the report's release and warns that international law requires the U.S. to prosecute any wrongdoers.

Special investigator Ben Emmerson writes, the individuals responsible for what he calls the criminal conspiracy revealed in today's report must be brought to justice and must face criminal penalties commensurate with the gravity of their crimes.

CNN's Ian Lee is live in Egypt for us this morning, with more on the revelations and the global response from those revelations from that Senate report.

Good morning, Ian.

What has been the reaction in Egypt?

IAN LEE, CNN REPORTER: Well, Christine, I had a hard time hearing you.

But telling you -- talking about this report, and its relationship to Egypt and the CIA, Egypt for a long time has been a partner of this rendition program where the CIA would bring suspects, their suspects, to here in Egypt for interrogation. And we were watching very closely if Egypt was going to be named specifically in this report.

And when we were scanning it, looking for country's names it seems like many of them have been redacted.

Now, here in Egypt, a lot of people are watching with mild interest for the outcome or to see what would come out of this report but not a lot of people here are surprised from what they have seen. This is something that has long been expected that the CIA was torturing people. Now, it confirms it for the people on the ground.

So, we're not expecting to see these massive demonstrations that we've seen in previous years that targeted U.S. diplomatic missions. What is more likely is that a terrorist could target one of these embassies here in Egypt. There's an ISIS affiliated group, Ansar Beit al- Maqdis, who operates in the Sinai. And while they primarily target the Egyptian government, they are trying to expand their threat.

Now, the embassy here is quite a fortress. A lot of barriers, a lot of police, and a military close by in case something were to happen -- Christine.

ROMANS: All right. Ian Lee for us in Cairo this morning -- thank you, Ian.

BERMAN: In Nashville, the president faced protesters last night angry at him over his immigration executive action. The president spoke to Latino audiences in person and on Univision. He is attempting to reassure undocumented immigrants that it is safe for them to register under his new plan, while he does admit that a future president could reverse his order.

The president, of course, is standing firmly behind his decision to reform immigration using his own executive authority.

(BEGIN VIDEO CLIP)

OBAMA: When members of Congress questioned whether I have the authority to do this, I have one answer -- yes, and pass a bill. If you want Congress to be involved in this process, I welcome it, but you got to pass a bill.

(END VIDEO CLIP)

BERMAN: The president returned to Washington overnight, ready to host a big White House event this morning on early childhood education.

ROMANS: Developing overnight, congressional Republicans and Democrats reached agreement on more than a $1 trillion catch-all spending bill that will keep the government operating through September of next year, and avert a government shutdown. This is the biggest piece of unfinished business for what is seen as historically unproductive Congress. And it clears the decks for major spending issues now the new Republican-controlled Congress. BERMAN: A new black eye for the Internal Revenue Service. An

inspector general's report found the IRS paid at least $6 billion in child tax credits in 2013 to people who were not actually eligible to receive them. Those payments went to families who either mistakenly claimed the tax credit or claimed the wrong amount, as well as taxpayers who just committed outright fraud. The $1,000 per child tax credit is one of the biggest tax breaks for working families.

ROMANS: Secretary of State John Kerry asking for new flexible powers against the fight against ISIS. The secretary says lawmakers should not limit U.S. military action to Iraq and Syria or prevent President Obama from deploying ground troops if he eventually finds it necessary.

His testimony before the Senate Foreign Relations Committee is the first time that an administration official has publicly described what elements the White House wants to see in a new authorization for use of military force. A committee vote on a new authorization could happen later this week.

BERMAN: Two senior State Department officials will testify before the House Select Committee on Benghazi, about the agency's security protocols. Last month, a two-year investigation by the Republican- controlled House Intelligence Committee found the CIA and the military acted properly in responding to the 2012 attack on the U.S. diplomatic compound. It found no wrongdoing by the Obama administration appointees.

ROMANS: New question this morning about the use of private drones in the U.S. The House Transportation Committee is planning to ask the FAA how rules governing the use of unmanned flying devices are coming along. Some groups are trying to get drones in the air, hoping a pilot's license will not be required. There are also concerns that other countries are getting ahead of the U.S. in this industry. The FAA rules are expected to be released next year.

BERMAN: Washington is still buzzing this morning after an MIT economist who helped shape Obamacare objectively apologized for, quote, "glib, thoughtless, and insulting" comments about the intelligence of American voters.

Jonathan Gruber appeared before a House committee on Tuesday. Republicans blasted away at him for remarks that emerged last month.

On a video that had surfaced, Gruber had claimed that Obamacare passed only because of what he called the stupidity of the American voter.

Before Congress, Gruber repeated his apology dozens of different ways.

(BEGIN VIDEO CLIP)

JONATHAN GRUBER, OBAMACARE CONSULTANT: I sincerely apologize for conjecturing with the tone of expertise and for doing so in such a disparaging fashion. It's never appropriate to make oneself seem more important or smarter by demeaning others. I knew better, I know better, I'm embarrassed and I'm sorry. (END VIDEO CLIP)

BERMAN: Professor Gruber strongly defend Obamacare itself, saying that his had own, quote, "arrogance" is not a flaw in the Affordable Care Act.

ROMANS: But it sure gave the opponents of Obamacare a lot of ammunition, Mr. Gruber.

All right. Time for an early start on your money this morning.

Stock futures mixed after the market's tailspin yesterday. We got concerns about the economy in China and Greece that sent the Dow down more than 200 points at its worse early Tuesday.

But then in the afternoon, there was this rally that shaved losses to just 51 points. The Dow closed down 51, the S&P 500 closed own, but the NASDAQ closed higher. Crude oil prices also rebounded yesterday from a five-year low on Monday. But then, overnight, lost all of those gains.

So, it's been volatile in the oil market too. The trend is what's important. Prices have fallen roughly $40 a barrel from June highs. That's good news for your gas bill.

In fact, the Energy Department Tuesday, again, flashed its prediction for what you will pay on average next year for gas. What does it say? $2.60 a gallon, the lowest since 2009. If it happens it will save billions of dollars next year.

That's like a tax cut. It's like a stimulus right into the economy. Gas prices today, $2.64 a gallon, more than a dollar lower from the summer peak. AAA told us, the way they look at it. It's about 100 bucks a month for drivers.

BERMAN: A lot of money for a lot of people.

ROMANS: I know. Your wages aren't rising but, boy, you're getting a little break at the gas pump.

BERMAN: All right. Breaking this morning, there's a chance that Oscar Pistorius' not guilty verdict could be overturned. The judge in the case will allow appeal of his acquittal charges on murder charges, saying that that appeal can proceed. That means the Olympian once the appeal is heard could face a higher charge in the death of Reeva Steenkamp. The judge, though, dismissed a request from prosecutors to reconsider the length of the five-year sentence she already gave Pistorius on the charge of culpable homicide.

Bottom line here is the appeal will proceed.

New protests overnight over the police-involved deaths of unarmed black men, Eric Garner, Michael Brown. The last words of Eric Garner, they are on the NBA basketball court once again, as New York police defend their practices to CNN. ROMANS: Plus, storms from coast to coast this morning -- storm, wind,

rain, set to flood communities. What you need to know for today and the commute, next.

(COMMERCIAL BREAK)

BERMAN: Protest organizers say they are in the middle of a week of outrage.

(BEGIN VIDEO CLIP)

PROTESTERS: Three. I can't breathe! Four. I can't breathe! Five. I can't breathe!

(END VIDEO CLIP)

BERMAN: Protesters once again took to the streets coast to coast, denouncing the police killings of unarmed black men.

In Berkeley, protesters marched through downtown, briefly halting traffic on a street freeway. A plan to take over a city council meeting was thwarted when the mayor cancelled the meeting.

Another small crowd of demonstrators in Madison, Wisconsin, stage a die-in at the city county building.

In the NBA, last night, Kobe Bryant and other L.A. Lakers wore "I can't breathe" t-shirts warming up for their game against the Sacramento Kings.

While this was going on, New York city police officers are defending themselves against charges of profiling and racism.

(BEGIN VIDEO CLIP)

PATRICK LYNCH, PRESIDENT, NYC PATROLMEN'S BENEVOLENT ASSOCIATION: I have 31 years in the New York City Police Department, I've never once heard in a radio call when a call came over, what race are they? What color are they? Who do they love? Where do they live? It's never, ever happened.

We're doing our job well. We're not looking at who the person is. We're looking at the behavior that leads to the interaction with the police. That's the question, the behavior and why someone called the police in the first place.

(END VIDEO CLIP)

BERMAN: Students at three major American law schools are asking for finals to be postponed. Columbia, Harvard, and Georgetown law students say they have been busy protesting. So far, only Columbia has offered to reschedule finals.

ROMANS: Nearly two years after the shooting at Sandy Hook Elementary School in Connecticut. The parents of more victims are planning wrongful death lawsuits. So far, the families of 11 of 20 victims have filed the necessary paperwork in court. Most of them in the last few days, but it's not clear who the defendant or defendants would be. Those shootings, you'll recall, happened two years ago this Sunday.

BERMAN: We're learning details that Joan Rivers will. She named her daughter Melissa as executor of her estimated $150 million estate. Rivers also designated money for a number of charitable causes. She died in September, a week after suffering cardiac arrest during a surgical clinic at a New York clinic.

Just this week, she was nominated posthumously for a Grammy Award in the best spoken performance category for her memoir, "Diary of a Mad Diva."

ROMANS: Happening today, NFL commissioner Roger Goodell will unveil a tougher personal conduct policy. This, of course, comes in the wake of the Ray Rice controversy and the severe criticism about how the league and the commissioner handled or rather mishandled it.

Under the new rules, an accused player will immediately go on paid leave following formal charges or an independent investigation.

And the policy would apply to all league personnel including owners. Goodell has said he regrets doing enough in past cases when stronger measures might have prevented future abuse.

BERMAN: The huge storm that rocked Thursday, it's sticking around for a few more days.

ROMANS: No.

BERMAN: This was the scene in Worchester, Massachusetts. Snowplows were out there, not doing much against the ice. That ice and rain came down hard and fast and accumulated and made driving really difficult.

ROMANS: Made walking difficult.

BERMAN: The walking was hard.

There were car accidents reported, and a lot of cars just skated down the road.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We was sliding. We was doing 180s and stuff. Yes.

UNIDENTIFIED MALE: It was terrifying actually. I was out of control for like 10 seconds.

(END VIDEO CLIP)

ROMANS: Torrential rain hitting New York hard.

This scene played out all across Long Island. The South Shore socked by severe flooding. You can see gusty winds also knocked down some tree limbs.

BERMAN: In the Jersey shore, the rain came down very hard there. Road, just submersed under water. Look at that, those people should not be out driving in that. Very dangerous.

ROMANS: I see those Jersey Shore pictures, I feel so badly, I know so many of these places they just drained the basements again after Sandy. They got hit by Irene. It's been tough couple of years.

BERMAN: How long is the storm going to stick around?

Meteorologist Pedram Javaheri has an early look at our weather.

PEDRAM JAVAHERI, AMS METEOROLOGIST: John and Christine, yes, pretty impressive setup than it was Tuesday here when it comes to rainfall that we saw. Two and a half to three inches came down across portions of New England and New York, and, of course, Central Park getting the record rainfall for the day.

The storm system if you're curious when it's heading out, well, it's going to take its time. It's kind of like one of those guests that perhaps uninvited hangs out at the door and finally exits. The storm pushes into Quebec eventually by Friday afternoon and moves offshore again.

And scattered snow showers, while it does this over the next couple of days, and generally speaking, total accumulations will be 4 or 5 inches, some areas, we could see upwards to 8 inches across perhaps the Adirondacks. But notice the immediate coast, rainfall less than an inch left in your forecast, but it will be soggy throughout the next couple of days as we head into Friday.

Out in the West Coast, powerful winds on the immediate coast, dangerous surf as well for some of the people across coastal California while there are blizzard warnings in place across portions of the higher elevation, up to three feet of snow in the Sierras, and rainfall should be generally heavy. This is the wettest storm system since 2009 for the West Coast of United States.

Let's send it back to you.

BERMAN: They need that rain out there.

ROMANS: Yes, they do.

BERMAN: All right. Panthers quarterback, Carolina Panthers quarterback Cam Newton spent the night in the hospital after suffering two fractures in his back in a car accident. Big question now, will he play on Sunday? Carolina is still in the playoff hunt.

Laura Rutledge with the "Bleacher Report", next.

(COMMERCIAL BREAK)

BERMAN: Carolina Panthers quarterback Cam Newton is expected to be released from the hospital today after he was injured in a two-car crash near the stadium in Charlotte on Tuesday.

ROMANS: And Laura Rutledge has more in this morning's "Bleacher Report."

Hey, Laura.

LAURA RUTLEDGE, CNN SPORTS: Hey, John and Christine.

And, yes, Newton suffered two fractures in his lower back when his truck flipped over. He was kept overnight for observation. According to "The Charlotte Observer", Newton's truck tumbled sideway across a bridge, finally stopping on its passenger side with the roof flattened.

Witnesses say Newton crawled out of the shattered rear window and appeared dazed. Newton's back injury is the same as what Cowboys' Tony Romo had suffered earlier this season. Romo missed one game due to the fractures. It's not known if Newton will be able to play on Sunday for the Panthers who are, of course, still in the playoff hunt.

All right. This time, it's official -- Johnny Football will start for the Browns this week against the Bengals. The team announced yesterday that Manziel, their 2014 first round pick, will replace Brian Hoyer. Manziel released a statement yesterday on the decision, saying in part he's appreciative and ready to make the dog pound proud.

So, arguably, the greatest Laker of all time wants the Lakers to lose. Magic Johnson said at a promotional event yesterday that it's time to start thinking about next year's draft. According to "Newsday," Magic said I hope the Lakers lose every game, because if you're going to lose, lose. I'm serious. If you're going to lose, you have to lose, because you can't be in the middle of the pack. You either have to be great or you either have to be bad to get a good draft pick.

Lakers hosted the Kings last night. Kobe and most of its teammates wearing "I can't breathe" shirts in warm-ups, following the lead of Derrick Rose and LeBron James and other athletes this week. After the game, probably to Magic Johnson's chagrin, Kobe leads the Lakers in a close win over the Kings, 98-95.

And breaking news overnight: the Chicago Cubs have landed pitcher Jon Lester, the free agent everyone wanted to call their own, with this six-year $155 million deal. The Cubs are making it known they're ready to win sooner rather than later. And Lester chose the Cubs over the Red Sox, the team, he, of course, has a strong emotional connection to after spending nearly a decade in Boston.

And they pulled Cubs manager Joe Maddon out of a bar at the winter meetings to have him comment on Lester. He said this is like winning the baseball lottery, John and Christine.

BERMAN: Jon Lester provided me personally with two World Series rings.

ROMANS: Chicago needs him, then. BERMAN: Boston --

(CROSSTALK)

ROMANS: Chicago really needs him.

BERMAN: Wish we had him.

Laura, thanks so much.

ROMANS: All right. Controversy and outrage this morning over the release of a Senate report detailing CIA terror tactics after 9/11. Are Americans serving overseas now in danger? And could this report lead to criminal charges? The very latest, next.

(COMMERCIAL BREAK)