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No Government Shutdown; More Protests in Major Cities; Aaron Hernandez's Legal Team Scored Victories

Aired December 13, 2014 - 16:00   ET

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

POPPY HARLOW, CNN ANCHOR: Hi, everyone. I'm Poppy Harlow, live in New York this afternoon. Thanks for joining me here.

You are looking at our nation's capital where we have big news, finally, a deal has been reached in the Senate. To get the details let's go straight to Erin McPike as she joins us from Washington.

Erin, this is the deal but not the deal we were hoping for, right?

ERIN MCPIKE, CNN CORRESPONDENT: Well, Poppy, that's right. But what we need to say here is that there will not be a government shutdown tonight at midnight. They passed this stop gap funding measure that will fund the government through Wednesday so that they do have a little bit more time to pass that bigger $1.1 trillion bill that would fund the government through September 30. This is just a short-term deal but at least we avoid a government shutdown. Poppy.

HARLOW: Yes, we don't want to see that again. We know how that played out and how that impacted folks. But Erin, are we going to see a $1.1 trillion deal to fund the government - do you think tonight, tomorrow, before Wednesday? What is holding it up? What are the major sticking points?

MCPIKE: Well, Poppy, we are almost certain that at some point this $1.1 trillion bill will pass the Senate. Senators on both sides of the aisle are saying they expect that. What we are starting to hear now are Ted Barrett who is on Capitol Hill right now is reporting that senators are trying to reach some sort of deal where they can go through some procedural gymnastics and pass that bill tonight.

Senate rules are very complicated and we thought because of this objection that Republican Senator Mike Lee of Utah raised last night that they wouldn't be able to vote for final passage until Monday but there is some sort of deal that is still in the works. Nothing is set in stone yet. And but it could be that President Obama could sign that bill tonight overnight, sometime Sunday morning. But they at least will be voting by Monday on final passage. We expect that President Obama will sign that bill sometime early next week if not tonight. Poppy.

HARLOW: So some of the big names getting a lot of attention right now there in Washington certainly on Capitol Hill, Senator Ted Cruz, Senator Mike Lee of Utah who you just mentioned. What is the consensus about them? What are people saying about them as the government tries to fund itself? MCPIKE: Well, the reason why Mike Lee objected last night is that he

and Ted Cruz wanted Harry Reid to guarantee that they could get a vote on an amendment that would strip funding from President Obama's executive order on immigration. Harry Reid said no and that is why we have gone through this today. Now, everyone knows essentially on Capitol Hill that final passage is going to happen eventually. So this has just been frustrating for a number of senators.

We are hearing from a lot of Republicans both senators and lots of people throughout Washington, officials, Republicans, political operatives, that they too are fed up with Mike Lee and Ted Cruz. They just think this is wrong and it's just antics and everyone knows it is going to pass anyway at the end of the day. Not a lot of friends being made by Mike Lee or Ted Cruz up here.

HARLOW: But you know, it's interesting, Erin, when we were going through this fight earlier in the week in the House to get something passed you even had a division within the democratic party, right? Between the White House and some leaders in the Democratic Party very upset that last minute, some real big bonuses for Wall Street got thrown into the final bill that passed. I mean at some point there has to be some compromise.

MCPIKE: Well, that's right. And that is exactly what President Obama was saying yesterday that he was saying if he wrote the bill it wouldn't look like it looks but he is acknowledging this new political reality that he and the Democrats are going to have to bend to some of the demands made by the Republicans. Republicans, of course, next year will be in control of the Senate as well as the House. We saw Nancy Pelosi and Elizabeth Warren extremely upset this week that in this bill - the bill that we expect to ultimately pass it rolls back some regulations on Wall Street. It also raises dramatically the limits that donors can give to political parties.

So basically what we are hearing from some of these liberal Democrats is they say it is very bad for the middle class. It is handouts for the wealthy.

HARLOW: I think it is one important thing to talk about, Erin, in the House bill. Let me know if you know if this is what the Senate is considering. But it largely does fund the government through the end of the fiscal year into the fall. What it doesn't fund through February does it fund the part of the government that would implement the president's executive order on immigration, right?

MCPIKE: Well, that is exactly right. And let's first point out that what the Senate is doing is considering the House version. So that is absolutely right that it would fund that immigration program only through February which sets up a major clash in February when Capitol Hill will be talking about this over immigration reform yet again.

HARLOW: Erin McPike, it's going to be a long night for you at the White House. We will be watching. Let us know if they do get something else signed. Appreciate the report this afternoon.

All right. Now, I want to take you to those protests we have been showing you all day happening in major cities across this country.

Those are marchers in Washington. We have seen huge groups mirroring that here in New York City, also in San Francisco. People filling the streets of cities across this country demanding justice, demanding change. Not all of the protests and the marches have been peaceful but for the majority they have.

This is Boston earlier today where some people, protesters confronted police and vice versa. There were confrontations there right near the Massachusetts State House and the Boston Common today. Now, despite a few arrests police say the marches have been mostly peaceful.

Let's take you to New York. It is an amazing site in New York City if you look at the aerial shot which we'll show in a moment, of all of the protesters, Yon Pomrenze, what are people saying?

YON POMRENZE, CNN PRODUCER: Thanks, Poppy. It's true, as you mentioned, it is amazing. If you look down Sixth Avenue we have been standing here for over an hour. We have been moving a little bit. For the most part we have been standing still and for a full hour there have been people going by nonstop. I mean the amount of people coming here is in the thousands.

I can't even give a specific number. But some people said we want to make sure that this is a movement and not a moment. What they've been saying is they want to try to take all of this energy and they're saying they want change. They are saying there is injustice in the police departments and social injustice. They want to make sure that this isn't just something that happens on a Saturday and if nothing goes their way they don't try to effect some sort of real change. What we also have seen is people here in terms of older people, younger people, all different races. We see schools. We have seen churches and really have different people from all over the place marching here in New York right now. Poppy.

HARLOW: All right. Yon, stick with it. We'll be coming to you later this evening as we continue to follow really an extraordinary movement happening across this country. Yon Pomrenze, thank you.

Let me take you to Washington where you have mothers standing together. Mothers of those whose fate their sons really triggered today's protests.

Michael Brown's mother, Eric Gardner's mother, also the mother of Trayvon Martin and that 12-year-old boy, in your right.

Listen.

(BEGIN VIDEO CLIP)

GWEN CARR, MOTHER OF ERIC GARNER: It's just so overwhelming to see all of you have come to stand with us today. I mean, look at the masses. Black, white, all races, all religions. This is just a great moment. This is a history-making moment. And you know we need to stand like this at all times. And our sons, they may not be here in body, but they are here with us in each and every one of you. You brought them here today.

LESLEY MCSPADDEN, MOTHER OF MICHAEL BROWN: They don't see this and make a change I don't know what we got to do. Thank you for having my back.

SAMARIA RICE, MOTHER OF TAMIR RICE: My son was 12 years old, just a baby, a baby. My baby, the youngest out of four. And he is here with me right now and this is what he would want me to do. I want to thank the nation and the world for the support because that's the only way I'm standing up right now. That's the only way.

UNIDENTIFED FEMALE: I don't have to tell one of these mothers up here what they are going through because they know. I don't have to tell not one single African-American about racial profiling because you guys know. So what I challenge you to do is talk to somebody that does not know. Talk to somebody and make somebody else knowledgeable and make somebody else aware and educate somebody else about what you are going through because long as we just talk to ourselves we are going to stay in our same circles. We got to step out of that circle.

(END VIDEO CLIP)

HARLOW: All right. Coming up next on the program a New York City councilman will join me from Washington, D.C.. He has been part of the marches. He heard those mothers speak in person today. We are going to ask him where does the movement go next.

(COMMERCIAL BREAK)

HARLOW: Take a look at these images out of New York City today. Really a site. Massive protests of people walking up New York's Fifth Avenue. To give you some perspective, this is a street that would usually be jam packed with cars especially on a weekend like this. But it is filled with protesters making their voices heard, partly peaceful protest in New York City. This is being mirrored in Washington, D.C., Boston, San Francisco, really across the nation.

Let me bring in New York City councilman, Jumaane Williams. He was part of the big demonstrations in Washington, D.C. today. He joins me now from the nation's capitol. Thank you for being with me, sir. I am hoping you can tell us. We have heard a lot from the protesters today. As someone who works in the city council what are the actions you are hearing that the people that are marching want? What specifically do they want to change?

JUMAANE WILLIAMS, NEW YORK CITY COUNCILMAN: Well, thanks for having me. I think that is a very important question. I want to give a shout out to the Justice League and people organizing in New York City. I think what's important here is we have to make sure we get this conversation correct. I know there has been a lot of focus on the police department which we should. We have to have some reforms there. We have to have some accountability from those officers.

We have to take away the people who are trying to hold them accountable now because they haven't been able to. We probably need a nationwide profiling ban. But more importantly I think the focus needs to be expanded because what is happening is these same communities that are asking for police as we mentioned, they are also asking for better housing conditions. They are asking for more jobs if they may not have any jobs at all. They are asking for their school system to be fixed. They are asking for their streets to be clean. We can't view this myopically in one institution. I believe there has been generational oppression on these communities for many, many years.

So that is where we need to stem the conversation. I think that is where the anger is. People keep asking what do folks want? I think people want to have an honest conversation about race and its impact on these communities in America.

HARLOW: And it's interesting, I mean, you say some police departments and police need reform. We are seeing an effort, a big effort for that here in New York City and hopefully it is effective. It is one thing to organize marches like this for days and days and to have people come together. But even following the Occupy Movement, a lot of people ask what is the long term gain, right? What happens next when the cameras aren't shining their light on this? What happens? How do you keep it going?

WILLIMS: Remember - so in New York City I passed probably the most expansive police form bill along with Grant Lander (ph) last year. I was part of the Occupy Movement, as well. I said that back then that this won't answer the problem. We are putting Band-Aids on a he problem that is bigger. So when we fix the police department and we make it better, if we haven't fixed these other institutions we're going to do what we keep doing which is sending police to these communities to do a job that many institutions have to do.

If you don't fix the housing conditions, if you don't bring jobs in, if you don't allow people to get a better education and the only resources we send are police and you have a country that has a history of treating these communities differently the first impact they have with the state is someone who is not fixing their problems but there to impose the state sanctioned oppression you are going to have a problem. And so that is why I have to say everybody's focus on what we have to do next with the police department. What are we going to do next with this conversation as a whole.

We have to have this conversation honestly and people hear words like white privilege and believe we are calling someone a racist when we are not. There is no one person that is a racist. It is just a recognition of what's happening. When we talk about racial oppression and racial institutional structural problem, we are not making excuses for anyone's violent behavior. They should be held accountable.

But what we are doing is talking about a structure that we have to address. If we don't address those problems and have the honest conversation we are going to be here again in a few years.

HARLOW: Councilman, also a point our Sonny Hostin has been made a few weeks now discussion about implicit bias needs to be had as well and nowadays how it is different than racism. I wish we had more time. Thank you for coming on the program. We appreciate it very much.

WILLIAMS: Thanks for having me.

HARLOW: Coming up next after a quick break, ex-NFL star Aaron Hernandez just received some good news from the judge about his murder trial. That is right We will tell you what the jury will not be allowed to hear. That is next.

(COMMERCIAL BREAK)

HARLOW: You got to see this video. A huge tornado surprising everyone in Los Angeles.

(BEGIN VIDEO CLIP)

UNIDENTIFED MALE: What the [bleep]. [bleep].

UNIDENTIFED MALE: Look.

(END VIDEO CLIP)

HARLOW: Yes, and the National Weather Service says this was actually a fairly weak tornado. It happened yesterday and it was part of the huge storm that just slammed the West Coast and brought heavy flooding and prompted the rescue of two people clinging to trees in a swollen Los Angeles River. The heavy rain also caused mud and rock slides which engulfed one neighbourhood in Camarillo Springs, California, rocks up to the roof. That is a stunning sight. In Oregon two people died from falling trees as a result of the storm.

Now let me take you to Massachusetts. This is where former NFL star Aaron Hernandez's defense team scored some major pre-trial victories. The judge ruled yesterday that prosecutors may not introduce texts from Hernandez or rather text from the man that Hernandez is charged with murdering. (INAUDIBLE) sent the texts to his sister shortly before his death saying he was with Hernandez.

The defense argued those messages did not "suggest fear." That is important legally or suggest that Lloyd was in danger. The judge also ruled that prosecutors may not tell jurors about two other murders that Hernandez has been charged with.

Let's bring in criminal defense attorney Eric Guster. He joins me now. I was pretty surprised to see this. My officemate, Susan Candiotti, covers it very, very closely. She was watching intensely yesterday. This is big news. I wonder how big of a blow this is to the prosecution.

ERIC GUSTER, CRIMINAL DEFENSE ATTORNEY: This is a major blow to the prosecution because the prosecution's case was to show that Aaron Hernandez committed this murder as well as some others and with the victim texting his sister saying "I am with this guy, let me let you know who this guy is -"

HARLOW: The night he was killed -

GUSTER: Right, the night he was killed, they felt that would provide identification to who Hernandez was with and who he was. HARLOW: How do you read what the judge has done here? Was the judge saying "Look, it is not fair, you may be unfairly swaying?" We do not know if it is germane to the incident.

GUSTER: Well, there is a code as far as evidence that says dying declaration. If a person says I am in fear of my life, Aaron Hernandez may kill me, this person may murder me, then that would be admissible. However, with this text message it was kind of plain saying "I'm with this guy. I was with this guy." That could mean anything. "Did you notice he was good looking or -

HARLOW: Was it the right call by the judge?

GUSTER: I believe so. Because judges have to be careful because in trial, the judge has to make sure that they leave nothing for interpretation for the criminal appeals courts.

HARLOW: What about not allowing prosecution to say "y the way, this man is also charged right now with the murder of a double homicide? Two other people. What do you make of that move? It seems they don't want that to color the jury's thinking on this person.

GUSTER: Yes, that's what jury's do. If they hear about these other murders then that would take their thought process in deliberating on this one. The judges have to be very careful to let that evidence in or to exclude it because in the United States the judges want to make sure that the defendant gets a fair trial. That is the right call on this one because they are not closely connected at all.

HARLOW: Well, you are saying both of these are the right call but the prosecution - this has to be very, very bad for their argument.

GUSTER: It is horrible for their argument.

HARLOW: Do you still think that they have a strong case?

GUSTER: No. Not on this murder. Because they just have circumstantial, very weak circumstantial evidence tying Aaron Hernandez to it. Because they have to show his ID. They have to show he was actually with Mr. Lloyd. They have to show that. I don't believe they have it based upon what they said, what they presented as far as the pretrial hearings that I have reviewed, they just simply don't have it.

HARLOW: Got to wrap it up quick. Do you think we will hear from Aaron Hernandez to testify?

GUSTER: No. Absolutely not. The prosecution has a burden of proof. If they don't have enough there is no reason for him to say anything.

HARLOW: Spoken like a true lawyer. Thank you.

GUSTER: That's what we do.

HARLOW: Thank you for joining us. Big update there on the Aaron Hernandez case. We'll keep you posted. Also, our top story this hour thousands of protesters march in the nation's capital building to protest what they see as racial injustice across this country, not far system. We'll give you a live look, next.

(COMMERCIAL BREAK)

HARLOW: Another live look at New York City at this hour. We are seeing just an amazing amount of protesters who have gathered there marching up New York City's Fifth Avenue, not only here in New York, also Washington, D.C., Boston, San Francisco and they are marching to make their voices heard following the deaths of several unarmed black men and the non-indictments of the police officers that killed them. Michael Brown and Eric Garner, much more on this straight ahead.

I will be back here with the top stories at 5:00 Eastern. Also, former CIA operative will join me to break down the very controversial so- called torture report that was released this week. Up next, "SANJAY GUPTA, M.D." Stick around for that.