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Legal View with Ashleigh Banfield

The Interview Available for Viewing; Looking at Holiday Weather; Navy Seal Speaks about bin Laden Mission; Stories of the Year

Aired December 24, 2014 - 12:30   ET

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

MICHAEL FURLINGER, PLAZA THEATER: The fact that somebody said no makes it probably one of the most important films of our recent time.

ASHLEIGH BANFIELD, CNN HOST: So I'm now joining live by CNN Senior Media Correspondent and host of Reliable Sources, Brian Stelter. I'm just going to go let the cat out of the bag. I got you slippers for Christmas.

BRIAN STELTER, CNN MEDIA CORRESPONDENT: Perfect.

BANFIELD: And it is perfect because now, you don't have to go out to the movie.

STELTER: You're right.

BANFIELD: You could put your slippers on and watch this movie.

STELTER: Maybe this is a glimpse into the future Ashleigh.

BANFIELD: Why?

STELTER: Maybe this is how movies are going to come out of the future both in theaters but also at home for people. I know that movie theaters have been resisting that for years. Most of the movie studios have been afraid to go into that direction but Sony had no choice here they say because the big movie theater chains weren't willing to play "The Interview". That's why they reach out to YouTube and Microsoft and just in the last 20 minutes, Sony confirmed that's how it's going to come out.

The big surprise to me is it's not going to be on Christmas Day, it's going to be at 1:00 p.m. today.

BANFIELD: Yes, like 29 minutes and 5 seconds from now.

STELTER: So it's really kind of a...

BANFIELD: ... specific.

STELTER: So it becomes an event. We talk a lot about social T.V. these days. This is the ultimate social T.V. moment. People can go online, they can rent the movie for $6 or they can buy it for $15 and start watching.

BANFIELD: Wolf Blitzer's program starts at 1:00 so you are in huge trouble for breaking this news ...

STELTER: Well, that is what the DVR is for perhaps or maybe I'm going to say ...

BANFIELD: Yes.

STELTER: ... "The Interview" actually, for my family when I get home to Maryland tonight, I think we'll all gather around and watch it because ...

BANFIELD: $6.

STELTER: $6.

BANFIELD: Because whenever I do an on-demand movie, it's anywhere from $2.95 to $5 or so.

STELTER: Well, that's because they are in theaters at the same time. I actually thought this would be $10 or $15 ...

BANFIELD: They could get it.

STELTER: ... because they want to encourage you to go to theaters to watch it because they want to support these theaters. But I think their marketing does at a low price point so that a lot of people buy this movie and watch it on...

BANFIELD: Can I ask you, is Sony going to do as well? I mean, we all talked about the amount of money they were going to lose.

STELTER: Yes.

BANFIELD: And even if they had to do the limited release, the 200, 300 theaters and climbing...

STELTER: Yes.

BANFIELD: ... are they actually going to make more than they would have in the regular wide release that they had planed before this whole...

STELTER: I don't think so. I mean, everybody run the math. Even if 10 million people rent this movie online for $6 each that maybe we get up to $50 million after YouTube and Microsoft and others take their cut, we don't know the exact financial terms.

I would be surprised, by the way, if 10 million people actually went out and rented it. But I do think it will become kind of a classic so to speak. Like I said, I think my family and lots of others will want to end up watching it tonight around the T.V. because so many people have internet-connected T.V.s now. It's pretty easy to pull up YouTube or pull up Microsoft, the sites online.

BANFIELD: Sure. So box office is always a really exciting statistic that we look forward to, I know you do.

STELTER: Yes.

BANFIELD: How are we going to determine just how consumed this movie is? Is it simple? I mean, is it that easy? They're going to put those stuffs out ASAP.

STELTER: I have a feeling they won't unless it's doing really, really well. On YouTube, if you're watching a free video, you can see how many people have watched it. But for movie rentals on YouTube, you can't.

BANFIELD: How did the marketing campaign sort of catch up with all these lightning-fast changeup and decision making?

STELTER: There won't really be one. This is the marketing campaign. Free publicity from the news media and then allow social media action by Sony.

BANFIELD: Yes. I was going to say they would have to go wild on the social media ...

STELTER: Yes.

BANFIELD: ... to let people know that they can actually pay the $6 and sip their eggnog on their living room sofa and watch this movie. You're going to watch it?

STELTER: I think I will. I think I know my brothers want to watch it tonight

BANFIELD: No. I'm telling you, it's your assignment.

STELTER: OK. Well, I'll come back for the review perhaps in a couple of days.

BANFIELD: Well, it's just fascinating stuff and wow, lightning-fast movie.

STELTER: And maybe it's a preview of the future.

BANFIELD: Amazing.

STELTER: Maybe not, but it's quite of a revolutionary moment.

BANFIELD: Fascinating. By the way, Seth Rogen's tweet, I just want to remind everybody. If you heard it yesterday, "The people have spoken. Freedom has prevailed. Sony didn't give up. The Interview will be shown at theaters willing to play it on Christmas Day." I am waiting for you Seth Rogen to update the tweet.

Now, this is going out on the YouTube, the Xboxes and with Google Plays.

STELTER: That's right.

BANFIELD: You know how to pluralize everything? I don't know why. Brian Stelter, thank you. STELTER: I thank you.

BANFIELD: Merry Christmas.

STELTER: You too.

BANFIELD: If you're heading to grandma's house Christmas, you might have a tough time getting there because there's snow and there's rain, and believe it or not, even tornados that are complicating a lot of people's travel plan.

We're going to take a look at the delays. We're going to roll you to the weather story. Find out if it's bothering your neck with what's (ph) next.

(COMMERCIAL BREAK)

BANFIELD: We've got some miserable sloppy weather in a lot of the United States today and it's not just inconvenient for Christmas Eve and travelers. In the Deep South, it has been deadly.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Wow.

(END VIDEO CLIP)

BANFIELD: Those are sights you don't want to see. Those are sounds you don't want to hear, tornado sirens, Jones County and Marion County in Mississippi yesterday, tornados ripping up town and killing four of their neighbors. Those two counties are now under a state of emergency.

One suspected tornado directly hit a children daycare center and it did damage the building, and yes, people were inside. But amazingly, none of the kids and the grownups was hurt. So that might be the silver lining at a terrible story.

We're going to take you out west to the Rockies now, take a peek at that, about 20 miles west of Denver, a lot of people going very slowly, being very careful on I-70.

They are very used to the white Christmas attitude out there but this snow is going to blanket a huge swath of the country. It will make for great skiing conditions but terrible driving conditions from Northern California to the Midwest. And that's great if you are already where you want to be.

But there are a lot of people who are trying to get where they want to be. They're traveling today and tonight and they're going to have to be pretty darn patient. So we got the weather screen, we got the travel screen.

Karen Maginnis is watching the whole country from the CNN Weather Center. CNN's Rosa Flores is at LaGuardia, the airport in New York City where it looks maybe a little quite but just you wait. Karen, I want to begin with you. Layout the news and don't spare us the detail.

KAREN MAGINNIS, AMS METEOROLOGIST: It was an amazing afternoon yesterday. About 2:00 local time, we started to see the severe weather kick up across Louisiana into Mississippi, also Alabama but you saw those pictures of the devastation all the way from Columbia.

And then as we head towards the north, we were looking at a tornado that looked like a dip down, way back up in the cloud and dip down again, four fatalities, widespread damage across a huge swath of South Center Mississippi.

Now, it looks like most of that severe weather threat is over but I say that. But in fact, we have a tornado watch in effect across a portion of South Carolina, Georgia and into Florida. We're looking at a few leftover thunderstorms but we really haven't seen anything that looks like the outbreak that we saw yesterday.

Still, the rain and force (ph) could produce a localized flooding across South Carolina and into Georgia but a sloppy mass across the northeast. That I-95 quarter is sucked in with low clouds, reduced feasibility and just wait, as you go to the afternoon and people really taking off early and trying to make the airports or the roadway, just look out. We're going until today and for tomorrow, Christmas Day.

And the wind is going to be howling across the Eastern Great Lakes. And look at these temperatures, 50s in the Northeast.

Ashleigh, you know, you can't have a white Christmas with temperatures in the 50s.

BANFIELD: I was out for a run this morning and all of two cars passed me and I was in rain and my glasses were completely fogged up like peppermint patty spread.

MAGINNIS: Absolutely.

BANFIELD: It was crazy but listen, I want to ask you this question because somewhere in this country, someone is really enjoying some weather that isn't awful. Where?

MAGINNIS: Well, if you like snow and you like skiing, there is the interior west. It is getting some very nice fresh snow. We were thinking that Chicago was going to see a white Christmas because we thought there would be a band of heavy snowfall there.

In fact, it looks like it maybe a rain and snow mix. That's probably worse especially if you're out on the roads but it looks like the (inaudible) plains at least for now but yesterday, they've got a big bunch of snow, they're a little bit OK today but going tomorrow, another round of snow on the way.

BANFIELD: And I think President Obama had some good intelligence when he booked his vacation in Hawaii. MAGINNIS: Yes.

BANFIELD: OK Karen, hold on. I want to go to the box below you. In the lovely pink holiday sweater is Rosa Flores who got the assignment to go to LaGuardia Airport which is no fun at the greatest of time.

But you know something Rosa, looking at your picture, I expected with the mess that Karen keeps talking about and all of these dire warnings about travel for the hundred million people who are going to travel this Christmas that you'd be in a sea of humanity and very unfriendly, unhappy humanity. It doesn't look that way.

FLORES: Well, let me tell you something. The good news is probably for procrastinators around the country because even though you look around me and it could be deceiving because it doesn't look like there is a frantic crowd rushing to the gate to make sure that they catch their flight.

It is the situation at some airports around the country but let's start here at LaGuardia. Take a look at the board. Right now, they're not lighting up like a Christmas tree actually but there are 10 cancelled flights to LaGuardia and 28 delays.

And as I was showing you just now, the ticketing area, it looks OK. It looks deep and people are strolling about with bag with their kids and checking in. But let's take a look around the country. We have something called the Missouri Map from flytowhere.com. Take a look at that because that gives you a better picture.

Some folks are stuck indeed at the airport. You can see the wheels there, those circles, those rings, those are the rings of misery. The more red that that ring has, the worse the situation there at that particular airport.

So to highlight a few airports, New York, D.C., IAH in Houston, Dallas, Chicago, Atlanta, Denver, LAX and San Francisco, those are where the biggest rings are and why is that? Of course, well we've been talking about it all day long and that's because snow in Chicago and rain in the southeast and in the northeast is bad news on Christmas Eve because that's where some of the hubs are actually.

Now, if you take a look behind me, you can see that these are folks that are heading over to the gates and they have their ticket, they're ready to go to their destinations on Christmas. People are friendly and nice here at LaGuardia, Ashleigh. So situation looking good.

Back to you.

BANFIELD: And I love that LaGuardia spice things up and got the point set that's decided, very nice. I also appreciate the weather department Karen that put up that map that Rosa has just been referring to and they made it look like little Christmas ornaments. All of the decorations on the map were actually red and green. So it's very sweet of both of you to make sure you got a pretty ugly picture.

Thank you Karen, Rosa. Merry Christmas.

UNIDENTIFIED FEMALE: Merry Christmas.

BANFIELD: All right. So you remember the former Navy Seal who came out and just said, "Yes. It's me. I'm the guy who shot Osama bin Laden dead." A lot of people cheered, a lot of people didn't and now, it turns out there are people investigating him because Robert O'Neill just may have broken the law when he told the secret that maybe should've stayed within the code of silence. That story is next.

(COMMERCIAL BREAK)

BANFIELD: His story was nothing short of a blockbuster, a former Navy Seal. Stepping out of the shadows of top secret ops to claim that he in fact was the American hero who killed Osama bin Laden.

But now comes a report that the Navy is investigating this man, Robert O'Neill for possibly revealing classified information. Our own Jake Tapper asked O'Neill about that during his interview with the former Navy Seal.

ROBERT O'NEILL, FORMER NAVY SEAL: I think it's important historically for this to get out there. This mission is very important.

JAKE TAPPER, CNN ANCHOR: The Pentagon is I'm sure watching every word that you are making publicly. Are you concerned at all about a prosecution, about them taking issue with you for violating in their view the nondisclosure agreement?

O'NEILL: That does concern me and if this comes up, I will address it. Right now like I said, I think I did this in a way that doesn't violate any tactics or any rules.

BANFIELD: I don't know about that tactics and rules. Sometimes, those are pretty gray areas. Did O'Neill break any laws though when he made the story of his Seal Team Six operation public? I want to discuss this with two of my legal experts, Danny Cevallos and Paul Callan.

Gentlemen, I don't know the difference between the code of honor between the Seals and their secrecy of brotherhood but I do know that classified information is classified information. I just don't know how much of it per operation is classified and when it becomes declassified. I'm not going to suggest you do either but you have better idea than I do. Go at it.

PAUL CALLAN, CRIMINAL DEFENSE ATTORNEY: Well, nobody knows the answer to this question except the Navy Seals who actually signed an agreement with the government when they become Navy Seals as to what can be revealed and not revealed. And that agreement for the most part encourages them to do something called prepublication review whereas if you're writing a book or you're going to make a public appearance and talk about something, you're supposed to have that reviewed internally to make sure that no classified information is revealed. And there's been a tendency in recent years, books by Navy Seals, press conferences by Navy Seals and I think the government is getting a little upset about it.

BANFIELD: Can I ask you this. OK. So what? So what if he may have breached something, broken some law, et cetera? This is an American hero who took out this generation's Hitler. Would they really go after him hard? Would he get a break on sentencing because of his background, because he's a veteran and he's not just any veteran Danny?

DANNY CEVALLOS, CNN LEGAL ANALYST: They would absolutely go after him and here's why, they've done it in the past. The Department of Defense, the Department of Justice, they've gone after people. This is not the first time a former operative has written a book.

Now, it's important to understand that these operatives, after they're out of the service, they are free to speak and tell their story. However, this is a contract analysis. In other words, they signed an agreement, entered into an agreement to either not disclose or to submit for prepublication review anything that they plan to disclose.

And as with all breach of contract actions, there's no straight answer as to whether or not it was violated. The answer is whether one of the parties believes it's violated, and in this case, that party is the U.S. Government, and they do not play around. There are very serious civil and criminal penalties under the Espionage Act for example for violation of these agreements.

BANFIELD: Strict penalties. But when it comes to sentencing, again, an American hero who took out bin Laden, does he get a break?

CALLAN: Yes. I think I got to disagree with Danny at least on this one. This is Seal Team Six. They took out bin Laden. I don't think the government is going to go after one of those guys and put them in jail. I think what they're doing though is they're sending a message to the Navy Seals and maybe other special ops for people.

BANFIELD: Button up.

CALLAN: You better button up...

BANFIELD: Yes.

CALLAN: ... because we're looking seriously at this and I think that message will be out there. I don't think we're going see a Navy Seal in jail.

BANFIELD: Danny Cevallos, Paul Callan, Merry Christmas. Thank you for coming in.

CALLAN: Merry Christmas. Yes. OK.

BANFIELD: ... your opinions especially on a holiday. Thank you.

Coming up on Legal View, stress is no joke during holiday season. And we got some brand new poll numbers to tell you just how bad it is. As to help with your stress, here is some -- what we like to call Holiday Hilarity from CNN staffers. Yes, my friends, my colleagues with adorable Christmas sweaters.

(COMMERCIAL BREAK)

BANFIELD: On this Christmas Eve, most Americans say that they are actually less stressed getting ready for Christmas than they have been in past years. We have a new CNN opinion research poll and only 3 percent of you folks who were asked that you feel a great deal or a fair amount of holiday stress.

But if you compare the number back in 2005, that number was 86 percent. So 30 percent of you now, 86 percent of you back then. And then there is the 18 percent of you who say you just don't feel any stress at all and I'm just wondering. Do you live on Colorado or Washington State? What's changed in those two states? What's changed? I'm going to let you go to the Goggle for that one or maybe this next story will help you.

2014 has been a really big year for Health News. They're are our Top 10 that we've got for you, the Top 10 stories that have impacted the world and stirred up a whole lot of debate too.

(UNIDENTIFIED MALE): If you are what you eat, then what you probably are is confused. 2014 finally brought some transparency to our food. In February, the Food and Drug Administration announced the post- changes to nutrition labels. It was the first overhaul in more than two decades.

(UNIDENTIFIED FEMALE): Families deserve more and better information about the food they eat.

UNIDENTIFIED MALE: In late November, the FDA ruled that establishments itself prepare foods and have 20 or more locations have to post calorie counts clearly and conspicuously on their menus, their menu boards and in displays.

Companies will now have until November 2015 to comply.

BRITTANY MAYNARD, CANCER PATIENT: I will die upstairs in my bedroom that I share with my husband with my mother and my husband by my side.

(UNIDENTIFIED FEMALE): In October, 29 year old Brittany Maynard became the face of the controversial right to die movement when she was diagnosed with an aggressive form of brain cancer and given just six months to live. Maynard didn't want her family to watch her die in pain so she moved to Oregon to take advantage of the state's Death with Dignity Law.

This is not a third world country. This is a major city in West Virginia. On January 9, the chemical spill at Freedom Industries released thousands of gallons of toxic chemicals into the Elk River and from there, into Charleston's water supply.

(UNIDENTIFIED MALE): Don't wash with it. Don't shower with it. Don't drink it.

(UNIDENTIFIED FEMALE): Hospitals in the area told CNN they didn't know of any illnesses related to the contamination but the economic impact was real.

UNIDENTIFIED MALE: Heroine made a big comeback in 2014 as more people began using this as a cheaper alternative to costly prescription pain killers.

Use of an antidote for an overdose is also on the rise. The drug is called Narcan and you're watching it in action right now. Naloxone as it's also known is now distributed to addicts, their friends and family as well as responders across the country.

2014 may go down as the year cigarettes went up in smoke. On February 5th, CVS, the nation's second largest pharmacy chain announced they would stop selling tobacco products in all of its 7,800 locations, doing all this by 2015. The company made good on its promise early, and on September 3rd, pulled all tobacco products from its shelves.

CVS said this would cost the company $2 billion a year but that selling tobacco is also against its moral and ethical principles as a healthcare company.

UNIDENTIFIED MALE: Anderson (ph), if you know, we've been reporting on your program on these delays and poor care at these hospitals...

(UNIDENTIFIED FEMALE): CNN has spent more than a year investigating delays in care at Veteran Affairs Hospitals. Our Drew Griffin and his team exposed systematic problems throughout the V.A. and CNN's reporting found that thousands of veterans across the country were waiting months, even years to see a doctor.

CNN's reporting also uncovered V.A. workers hooking the books to cover up long wait times. Congressional hearings were held and V.A. Secretary Eric Shinseki was forced to resign. President Obama brought in a new Secretary, Bob McDonald who has vowed to clean up the V.A.

7.1 million more people had helped insurance this year under the Patient Protection and Affordable Care Act. As you probably know, Obamacare mandates that Americans be covered by an insurance plan or pay a penalty.

UNIDENTIFIED MALE: Last year, I had somewhat of an epiphany about weed. This plant can have some real medicinal benefits.

(UNIDENTIFIED MALE): Marijuana is better than all those pills in terms of treating.

UNIDENTIFIED MALE: We saw families pack up and moved across the country to get access to the only medicine that seem to work for their children in states where medical marijuana is legal.

Two states, Colorado and Washington also legalized all forms of marijuana including recreational use. (UNIDENTIFIED FEMALE): On September 24th in a New Jersey, a 4 year old died in his sleep. It was the first death health officials could directly link to Enterovirus D68 which can cause severe respiratory symptoms. By the time the scare settled out, EV-D68 had sickened hundreds of children in nearly all 50 states.

UNIDENTIFIED MALE: Without a doubt, the biggest health headline of the year, Ebola.

(UNIDENTIFIED MALE): Ebola.

(UNIDENTIFIED FEMALE): Ebola.

(UNIDENTIFIED MALE): Ebola.

UNIDENTIFIED FEMALE: Ebola.

(UNIDENTIFIED MALE): He had been exposed to Ebola while in Liberia.

UNIDENTIFIED MALE: What began as a single case in Guinea last December has grown into an epidemic of unprecedented proportions. In the first of its kind maneuver, two aid workers, Dr. Kent Brantley and Nancy Writebol were Medevaced back to United States from Liberia. They survived followed by others. Thanks in part to the selfless work of doctors, nurses and other healthcare workers who literally put their own lives on the line.

As 2014 comes to a close, the World Health Organization tallies more than 6,000 deaths among roughly 18,000 sick. The outbreak in West Africa is far from over. But early stage vaccine trials are underway and they do look promising.

BANFIELD: My friend Sanjay Gupta and I wish him and his family a very merry, merry Christmas.

And as this year comes to a close, you can check out more of our Top 10 List at cnn.com.

In the meantime, thanks for watching, everybody. Happy New Year's Eve or rather, Christmas Eve. We're going to see you right back here tomorrow on Christmas Day.

In the meantime, stay tuned. My friend Suzanne Malveaux is going to pick up our coverage live from Washington D.C.