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Legal View with Ashleigh Banfield

"The Interview" Celebrates Christmas Release; CDC: Lab Tech Has Possible Ebola Exposure; Guantanamo Bay detention center Drawdown to Shift into High Gear

Aired December 25, 2014 - 12:00   ET

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

ASHLEIGH BANFIELD, CNN ANCHOR: Terrible or hilarious? You get to decide. And finally, Sony's "The Interview" is out in select theaters today, but it is also out online. But the Christmas surprise that hackers warned about, is that still on the table?

And speaking of surprises, a stunning announcement from the CDC, one of its technicians has possibly been exposed to the Ebola virus.

And whether you say happy holidays or Merry Christmas -- don't worry, you shouldn't get in any legal trouble. But just in case, Texas has passed a law, to make sure that you can use your greeting of choice without fear of any legal retribution. But doesn't the whole free speech thing already cover that? And come on, it's Christmas. Lay off, already.

Hello, everyone. And welcome. I'm Ashleigh Banfield. Merry Christmas, welcome to LEGAL VIEW. It's wonderful to have you with us this morning.

And despite threats of violence and despite the threats of cyber attacks, despite almost all the major theater chains in America refusing to show it, Sony's "The Interview" is opening after all, in about 300 theaters across the United States today. And the film's star, Seth Rogen, and its producer, celebrated the film's release last night by surprisingly popping up at a midnight screening at a West Hollywood, California theater, to thank their fans.

(BEGIN VIDEO CLIP)

SETH ROGEN, ACTOR, "THE INTERVIEW": We wanted to say thank you. If it wasn't for theaters like this and for people like you guys, this literally would not be happening right now.

(CHEERS)

ROGEN: We really appreciate it. And we hope you like the movie.

(END VIDEO CLIP)

BANFIELD: Just in the salty way you come to expect from Seth Rogen. The comedy premiered online as well yesterday, available for download on YouTube and Google Play Store, and also on Xbox. The first time a major motion picture has ever been made available online before a theatrical release.

Rosa Flores joins us live now in Lower Manhattan, in front of a theater showing the film.

I was watching you two hours ago as theatergoers were coming to the box office and heading into the film. I'm guessing, since it's been two hours, they may have seen it and told you what they think.

Give me the story from there, Rosa?

ROSA FLORES, CNN CORRESPONDENT: You know, they actually just walked out of the theater moments ago.

I'm actually here with Mark who can gives us the skinny because we talked to Mark before he walked into the theater and you paid $11, you were hoping for laughs, did you get what you paid for some.

UNIDENTIFIED MALE: Yes. I think I got what I paid for. It's a political satire it was funny and entertaining.

FLORES: Now, one of the big things is the controversy. You got this plot. You know, everybody was talking about it. People were scared. There were threats.

By watching the movie, do you think that was blown out of proportion? Was it just political satire, over the top comedy, or what did you think?

UNIDENTIFIED MALE: It was political satire, over the top comedy, for sure. I mean, there was a real controversy because of the issues of pulling it out of theaters and threats of blowing up patrons. So, there was certainly a controversy.

But this was a goofy, political satire movie that is straightforwardly entertaining, but it does -- it is certainly anti- North Korea. I mean, it said bad things about North Korea, and about their leader for sure.

FLORES: And you believe it was totally under free speech, so the controversy of just pulling this movie because of the actual plot of the movie was what? Do you feel it was out of proportion or do you think after watching it, that maybe it shouldn't have been shown?

UNIDENTIFIED MALE: I don't think the movie -- the movie itself is relevant to the issue of pulling it from the theaters. No matter what this movie was, whether it's bad or good, or over the top or not over the top, there's -- it was a really big mistake to pull it from the theaters because entertainment is entertainment and we should have the right to see it.

FLORES: Mark, thank you so much.

So, Ashleigh, you heard it. Lots of laughs. We heard the same thing from other people that we just talked about. That's what they were hoping for at the end of the day, because at the end of the day, this is a comedy. So they got what they paid for, they got lots of laughs -- Ashleigh.

BANFIELD: And they're safe. It looks like they made it in and out of the theater just fine despite threats.

So, Rosa Flores, live for us. Merry Christmas.

She's doing the job live for us in New York City.

FLORES: Merry Christmas.

BANFIELD: In the midst of this excitement about "The Interview" being released, it's important to remember the hacker group responsible for all of this, did do that, they did make terrifying threats, they promised, quote, 9/11 style attacks. If it was a joke, it wasn't funny.

Pamela Brown reports the FBI and local law enforcement are taking the security issues at these theaters seriously.

(BEGIN VIDEOTAPE)

PAMELA BROWN, CNN JUSTICE CORRESPONDENT (voice-over): The phones are ringing off the hook at West End Theater in Washington, D.C.

UNIDENTIFIED MALE: Yes. Sold out for all shows tomorrow and we're looking to add shows.

BROWN: So many people calling for tickets to see the controversial film "The Interview".

UNIDENTIFIED FEMALE: Someone told me you might have more tickets for "The Interview" tomorrow.

UNIDENTIFIED MALE: Yes, we're working on it.

UNIDENTIFIED MALE: You are entering into the most dangerous country on Earth.

BROWN: A flood of independent theaters across the country are stepping up to show the comedy about the assassination of North Korea's leader Kim Jong-un, after major movie chains pulled out fearing retaliation from hackers.

JOSH LEVIN, WEST END CINEMA: Very simply, it's intolerable that somebody can bully or use the threat or intimidation to keep people from expressing themselves artistically.

BROWN: Just a few days ago, hackers sent an ominous message, promising a present on Christmas Day if the movie is shown.

UNIDENTIFIED MALE: You want us to kill the leader of North Korea?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED MALE: What?

BROWN: Overnight, the FBI sent to cyber task forces across the country, a roster of the more than 200 theaters screening the movie. They're speaking to theater owners about any potential threat from the same North Korean hackers the U.S. says attacked Sony.

ROBERT BAER, CNN NATIONAL SECURITY ANALYST: The FBI understands that the North Koreans are unpredictable. They've always been unpredictable. The FBI has to consider the possibility the North Koreans would employ some sort of physical violence against these theaters.

BROWN: In the nation's capital, West End Theaters' management waited anxiously for the film to be delivered.

LEVIN: Let's just hope FedEx doesn't have any flat tires.

BROWN: They've already talked with D.C. police.

LEVIN: We are not taking any extraordinary steps. We are anticipating a smooth day.

BROWN: The movie is also now available online.

BRIAN STELTER, CNN SENIOR MEDIA CORRESPONDENT: It's an act of defiance by Sony, because after all, the hackers have said, if you do release this movie, we're going to release more of your private, stolen information.

BROWN: A risk Sony is now willing to take as movie houses around the country get their Christmas delivery of the film just in time.

Pamela Brown, CNN, New York.

(END VIDEOTAPE)

BANFIELD: "The Interview" already seems to be an Internet success. It's the top rental on YouTube and Google Play.

And to discuss this, I'm joined by CNN's senior media correspondent and host of "RELIABLE SOURCES", also working this Christmas, Brian Stelter.

Hi, Brian.

I got this note saying all of the online streaming services had removed the view counts for "The Interview", despite the fact that we can still see it's the top seller for YouTube, Google Play and even Xbox. What's the story of removing the view count? Would have been something Sony wouldn't want us to see?

STELTER: I think in this case, because "The Interview" is paid, not free. You know, you're on YouTube, you can see a view count of any video at all that's free. But if it's paid, it's something different. It goes in a different bucket. So, that's why we can't see how many people are viewing it.

Sony has told me this morning they're not going to release any new data about how many people have rented or bought the movie because, you know, they want to keep that close to the vest for now.

But we will get some box office information this weekend. I was just talking to the owner of a movie theater in Virginia. He says people are already lined up for the 1:00 p.m. showing of the movie. So, it's not just New York where Rosa is where people are eager to see it. There's 331 movie theaters and some of them at least will have a big audience today.

BANFIELD: But any problems in terms of the demand digitally? Did anybody collapse by, you know, the volumes of people who tried to get that movie in their living rooms?

STELTER: It was shaky at first and I think Sony was expecting that. They announced the on-line streams just an hour before it came online. It worked pretty well on YouTube, though, and after a few hours, Sony's CEO Michael Lynton sent a message to all 45,000 employees, it was a video that he sent out.

And I thought for the first time after a month of being on the defensive, he was starting to show some confidence. Here's a bit of that video.

(BEGIN VIDEO CLIP)

MICHAEL LYNTON, CEO, SONY PICTURES: This release represents our commitment to our filmmakers and free speech. While we couldn't have predicted the road this movie traveled to get to this moment, I am proud our fight was not for nothing and that cyber criminals were not able to silence us.

(END VIDEO CLIP)

STELTER: Ashleigh, I think this is the first good day Sony has had in a month. You know, this is the best Christmas gift they could ever ask for.

BANFIELD: Wow.

So, I got to ask, I'm not sure if you know this or anybody is going to know at this point if I want to download this movie or even if I want to use my credit card to download it or go to a box office, am I now exposing myself to a hacking risk? Because if there's a terror threat for criminal violence, there's also the terror threat for hacking?

STELTER: Experts say it is pretty safe. For one thing you're not dealing with Sony directly. You're dealing with whoever you're renting the movie through.

So, for example, I'm rented it through Microsoft's Xbox last night. My credit card only went through Microsoft. Sony never touched it. Same thing on Google, on YouTube. Google is one of the biggest companies on the planet.

So, if anybody knows how to fend off these kinds of cyber attacks or hacking it's a company like Google and Microsoft.

BANFIELD: I'm looking above your head a little bug saying Damascus, Maryland, where you're coming from today. You're such a serious, smart journalist but I cannot let you go before pointing out the fact that you're doing your live shot from your mom's house. Your mom's house.

STELTER: I am. She's actually right here. We're about to open presents. She let me open one early, Ashleigh, so I could wear --

BANFIELD: Is that Donna?

UNIDENTIFIED FEMALE: That's me.

BANFIELD: Hi, Donna. Merry Christmas. Thanks for letting us have your son on today. I'm sorry to interrupt your Christmas.

UNIDENTIFIED FEMALE: No problem. Thank you. Merry Christmas to you all, too.

BANFIELD: OK.

I'm not going to ask you what you got, because I know that you've delayed your present opening.

UNIDENTIFIED FEMALE: He's wearing it.

BANFIELD: What's that, Donna?

UNIDENTIFIED FEMALE: He's wearing one of his presents.

BANFIELD: He got sweater.

OK. Well, Merry Christmas to you and your household and I just love that you did your live shot from your mom's house. I hope she makes you meatloaf.

STELTER: Watch the movie this weekend, it's actually not that bad.

BANFIELD: I may do that. I may do that. I'm looking forward to it.

Hey, Brian. Merry Christmas. Thanks for doing this.

Hi, Donna. Merry Christmas to you. Thank you.

UNIDENTIFIED FEMALE: Thank you.

STELTER: Thanks.

BANFIELD: Adorable. I love Christmas.

So, we've got another developing story that we're continuing to watch. And this one is very serious, but at the same time a little crazy. It's about Ebola and as mishap at the CDC lab, and now, a worker is being monitored because that person might have been exposed to a potentially deadly virus. How? How at a place like the CDC does that happen? Got an update on that researcher coming up.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Hi, this is Sergeant First Class Webb (INAUDIBLE). Just want to give a shout-out to all of my fellow members here at the 311th. This will be my last Christmas event with you guys. It's been an honor. It's been a pleasure. I'm going to miss each and every one of you. Give a shout-out to my section, the G-6, to family programs, to Miss Jennings in UPL, to everyone who has helped me along the way.

Give a shout out to my family also all the way in Jacksonville, Florida, I love you guys. I miss you guys. Merry Christmas.

(END VIDEO CLIP)

BANFIELD: We appreciate their service more than ever at this time of year.

Back in the news, and, you know, quite frankly, it really never went away -- the Ebola virus, because today the Centers for Disease Control certainly keeping a pretty close eye on one of their technicians. That technician may have been exposed to it. CDC saying that it happened earlier this week, that the person in question is not sick, and not showing any symptoms, but the CDC says it's not going to take any chances.

Our Joe Johns has been following this story, watching the developments from Washington.

You know, it just defies logic, a place like the CDC, supposed to be sort of at the helm of handling it, making the same errors that have put so men in harm's way. How did it happen?

JOE JOHNS, CNN SENIOR WASHINGTON CORRESPONDENT: That's true, Ashleigh. You know, this is going to be a long slog with Ebola and human error is always going to be a factor. We're being told this is a very limited case. No risk to the general public. We don't know fully how serious this is because we don't know if anybody has gotten sick as a result of this accident.

CDC says one of its technicians is going have to be monitored for three weeks after possibly being exposed to Ebola at one of the agency's Atlanta labs -- apparently happened on Monday, discovered on Tuesday. CDC says a small amount of material from an experiment was mistakenly transferred from one lab to another lab, and it might have contained the Ebola virus.

The technician has no symptoms of illness. The CDC says others who entered the lab may have been contacted and have been contacted and are going to be assessed for possible exposure.

So far only one person will need monitoring at this point. They don't believe anyone outside the lab could have been exposed, Ashleigh.

BANFIELD: Kind of a crummy Christmas for that one person.

JOHNS: Yes.

BANFIELD: That's for sure.

Quick question, because you and I had lengthy discussions back in June after workers were potentially exposed to anthrax because of an inactivation, a problem, they did transferring, they hadn't activated the virus. There had to be protocol changes put in place back then to minimize what you are talking about, the human errors.

Different protocols or same thing, same mistake, shouldn't have been made twice?

JOHNS: Yes. Well, they put them in place and the question is whether those protocols were followed. Look back in June, really dozens of CDC workers potentially exposed to anthrax in that situation after a lab failed to inactivate the bacteria before transferring it to another lab and outside investigation ensued.

The U.S. Department of Agriculture found dangerous biological materials stored in unlocked refrigerators, a general lack of lab workers following protocols. Investigators said that anthrax was actually transferred in zip lock bags which aren't approved to carry that kind of material. The head of CDC acknowledged at a congressional hearing it was a kiss turning pattern.

So, yes, protocols are now in place. Dr. Tom Frieden of CDC called that incident troubling and said the agency is taking all necessary measures and that's supposed to include destroying material, decontaminating and closing labs, letting the staff know about the incident and basically doing all the notifications they have to do in oversight, Ashleigh.

BANFIELD: All right. Let's hope it works.

Merry Christmas, John. Thanks so much.

JOHNS: To you, too.

BANFIELD: Joe Johns reporting live from Washington, D.C.

And before we move on from the story about Ebola, I want to show you something this Christmas day. It's a reminder many, many people are still sick and dying from this disease. Take a look at your screen.

(VIDEO CLIP PLAYS)

BANFIELD: This is an International Red Cross Ebola hospital camp in Sierra Leone, one of the highest risk centers in the world for this disease -- the health care workers spending this Christmas day singing and dancing. Look at them. Many of them in full protective gear. They're trying to share a little bit of Christmas joy with the people there, many of them who are children who are suffering with the Ebola outbreak right now.

By the way, the government of Sierra Leone made a very big announcement. It said that Christmas parties and large holiday gatherings should be cancelled, needed to be canceled this year as they try to stop the spread of that deadly virus. But it is uplifting to see those workers, again, "TIME" called them the person of the year, people who are fighting Ebola.

The Obama administration is looking at a very serious move, making Guantanamo Bay a ghost town, little faster than first planned. Why the president could be looking at accelerating the efforts to ship out those inmates, next.

(COMMERCIAL BREAK)

BANFIELD: The number of terror suspects who are still locked up at Guantanamo Bay, Cuba, is about to go down again. And this time, by a lot. And, pretty darn quick too.

That's according to a "Washington Post" report today that the White House wants to speed up the closure of that detention center. It's something President Obama promised to do when he took office. Just this month alone, ten Gitmo prisoners were released and sent to their home countries or to a third country.

Our Barbara Starr is live at the Pentagon. Also here, HLN legal analyst Joey Jackson, and CNN legal analyst Danny Cevallos.

Merry Christmas to all three of you.

Barbara, I like to start with you.

All of a sudden, why the speed? This is not -- it's not like President Obama didn't say this several, many years ago, why all of a sudden right now?

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Well, I think they see an opportunity right now. Sources are telling us, maybe another five to 10 detainees by the end of the year and five or six more in the early weeks of next year.

President Obama, as you say, Ashleigh, continues to try and find a way to get the population down to the lowest possible numbers at Guantanamo Bay, trying to show that it is just too expensive to keep it open. He's got a lot of congressional opposition.

But he really showed his hand in an interview with -- in an exclusive interview with our own Candy Crowley just last week. Have a listen to what the president had to say.

(BEGIN VIDEO CLIP)

CANDY CROWLEY, HOST, CNN'S STATE OF THE UNION: Will Guantanamo Bay prison be closed down by end of next year?

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: I'm going to be doing everything I can to close it. It is -- it is something that continues to inspire jihadists and extremists around the world, the fact that these folks are being held, contrary to our values and it is wildly expensive. We're spending millions for each individual there. And we have drawn down the population there significantly.

(END VIDEO CLIP)

STARR: There's two problems with essentially who's going to be left. You've got about 50, 55 detainees from Yemen. They are cleared for release, but cannot be sent back to Yemen. That country is so unsettled, al Qaeda still very active there, nobody's going to send them back to Yemen and make it easy for them to get back on the battlefield.

You also have the very hardcore al Qaeda terrorists, the perpetrators of 9/11. The president believes those could go to a supermax type facility, but he's got a lot of congressional opposition to shutting it down once and for all.

BANFIELD: Not to mention the people who live near the supermaxes, because once they start to weigh in, that will also be a part of this.

Stay tuned for a moment, Barbara, because I want to bring our legal analysts in on this.

Joey and Danny, it's one thing to say I want to close this sort of ugly prison because there's so much question about how to try all of those people who are in there. And it's another thing to go and ask other leaders around the world to take these people because their home countries are, perhaps, too dangerous to go back to. It's a third thing to say they may reoffend, they may be so angry after being locked up 13 years they want to go back to terror right away.

But what about at ones we can't release, because they truly do have these connections, some of them accused of being like part of the 9/11 plot?

JOEY JACKSON, HLN LEGAL ANALYST: Absolutely.

BANFIELD: They can't be tried, and they can't be released. That's not American. What do you do, Joey?

JACKSON: It presents a very vexing problem and, you know, there are multiple problems here and you pretty much, you know, put -- line them up. Now, of course, the president speaks to the economic cost of this. Millions of dollars -- you know, depending on who you listen to, it is $150 million or $500 million.

But the larger problem is this, in the convenient another country doesn't take them, then what do you do with these people? Are they then going to be out there reoffending and they're going to be found on the battlefield as many have been found in previous times, and, you know, what exactly -- I understand the president's position completely on it, human rights abuses, of course, our Supreme Court has said that people there are entitled to constitutional rights.

But at the end of the day, Ashleigh, there has to be a place to ensure that the United States of America is not put at jeopardy based upon people in that prison exposing our citizens to further risk.

BANFIELD: See, this is the problem. There's no trial process. I mean, there was this whole argument between the civilian justice system -- which is what we would all face if we were arrested.

JACKSON: The military system.

BANFIELD: The military tribunals which had questions and slightly and significantly in some circumstances different process. What are they going to do?

DANNY CEVALLOS, CNN LEGAL ANALYST: Everything about this legal neverland that we've created in Guantanamo Bay and with these military commissions, concerns people who like to think of the Constitution as a pretty important document.

It's true that when we're dealing with foreign nationals, we have not applied the same standards that we would to our own citizens and that inequality offends our basic ideas of constitutional law. But then, you now, on the other hand, you have to look at it practically. There is one way to ensure these people don't reoffend and it's to keep them in custody for perpetuity. But that again -- that really concerns us from a constitutional standpoint.

And we've been grappling with this problem and I think the president's approach has been, this creates more problems than it solves, and I think that's we're trying to make Guantanamo a thing of the past, because every day that it's open, not only does it cost a lot of money, but it really, really offends many's view of due process --

BANFIELD: Due process.

CEVALLOS: -- even though it involves people that may be foreign nationals.

BANFIELD: I mean, look, $400 million to $500 million a year is often quoted as the cost. But, you're right, this isn't American just to lock people up without trial. It's what we -- it's our foundation.

JACKSON: It is. But then, of course, Ashleigh, you have the other end of the spectrum, given the abuses they perpetrated on American soil.

BANFIELD: Allegedly. Here's the problem. Allegedly.

JACKSON: Because of the due process.

BANFIELD: You got to find out, you got to have evidence. You want to know for sure it's not someone who set them up because they have tribal arguments over there all the time. And they like setting people up and sending them out.

Look, we could go on forever but Merry Christmas.

JACKSON: Merry Christmas.

CEVALLOS: Merry Christmas.

BANFIELD: Stay with me. I have other work for you to do on this Christmas gift.

I have a gift for you. I'm going to take you to Hawaii so that you can be with the president on vacation. How's that sound? A little bit of jingle bell humor for you. We're going to check in with the president because folks, he may be on a golf course but he's also at work.

So, live to find out what the president is up to, next.

(COMMERCIAL BREAK)