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Legal View with Ashleigh Banfield

GOP Debate Preview; Trump Candidacy Examined for Comedic Effect; Latest from Holmes Trial; Bill Cosby to Answer Sexual Abuse Questions. Aired 12:30-1p ET

Aired August 06, 2015 - 12:30   ET

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

(COMMERCIAL BREAK)

[12:32:08] ASHLEIGH BANFIELD, CNN ANCHOR: The question haunting, 16 Republican candidates for president today. Those who will share a stage with Donald Trump tonight as well as those who won't, is simply, how do you take down that elephant in the room, Donald Trump?

Each of them no doubt with the plan and if you believe the website ijreview each has a pre-debate ritual.

Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Before a debate I say a little silent prayer and drink a diet lemon Snapple iced tea.

UNIDENTIFIED FEMALE: I like to be mentally focused but relaxed. So I play cellphone.

UNIDENTIFIED MALE: I take my new phone, thanks to the Donald, I listen to Motown...

UNIDENTIFIED MALE: Before a debate I go out and run. It's a great way to relax. You can't take any phone calls, you're not reading e- mails, you're not looking online. You're just out running and that clears your mind.

UNIDENTIFIED MALE: Before a debate I normally call my mom to get advice. "Hey mom," I can't say that on a television.

(END VIDEO CLIP)

BANFIELD: I can totally hear Barbara Bush saying something like that, too.

We have our next guest and what he believes is Trump's Achilles heel, Dean Obeidallah is a very funny comedian and a lawyer knows a thing or two but politics as well. Contributor to the DAILY BEAST and you know that Donald Trump's skin is thin when it comes to

poking fun against him.

DEAN OBEIDALLAH, POLITICAL COMEDIAN: it's paradoxically thin because his face was like leather. He would think he'd be much tougher about this.

BANFIELD: He have already started.

OBEIDALLAH: He lashes out against comedians, look like to the Lindsey Graham. Lindsey Graham mocked down so Donald Trump, respond by calling him an idiot and giving out his cellphone number on national T.V.

And he's done as a comedian as well, he's one of the Jon Stewart, he's lashed out against Bill Maher, he lashed out against Seth Meyers.

BANFIELD: I've got examples of that. And he brought them up that first one that you mention, I'll start this montage off with the Bill Maher, because Bill Maher said something very scathing about the Donald, and the Donald responded with a $5 million lawsuit.

Let's have a look.

(BEGIN VIDEO CLIP)

BILL MAHER: The color of his hair.

UNIDENTIFIED MALE: Yeah.

MAHER: And the color of an orange orangutan is the only two things in nature of the same color.

UNIDENTIFIED MALE: Is that what this...

MAHER: Oh there you have it.

Unless he comes up with proof, I'm willing to offer $5 million to Donald Trump...

UNIDENTIFIED MALE: $5 million?

MAHER: If he welcome, that he can donate to a charity of his choice.

SETH MEYERS: Donald Trump has been saying that he will run for president as a Republican, which is surprising since I just assumed he was running as a joke.

JON STEWART: guys, guys, guys, guys. I appreciate the effort. My mind is made up. I'm leaving the show. I'm not staying. It's not...

UNIDENTIFIED FEMALE: Donald Trump says he's considering running for the Republican nomination for president.

STEWART: I made up my mind.

Maybe I'll get a Twitter account.

(END VIDEO CLIP)

BANFIELD: All right. Will Jon Stewart can get sued for that, but there was something that happened in a tweet that Donald Trump sent out actually just after that.

[12:35:02] Let me read it for you. "While Jon Stewart is a joke, not very bright, and totally overrated, some losers and haters will miss him and his dumb clown humor. Too bad.

That's kind of exemplary of a lot of the tweet...

OBEIDALLAH: Nothing says presidential like they kind of tweet here. Unbelievable, that he has no temperament to be president, I'm going to be honest with you.

Imagine the world leader mocked, and who knows how he would respond. I read about for CNN opinion just yesterday going through, Donald Trump has lashed out against people on Twitter calling them losers and haters and that you're dumber and I'm the brightest guy out there.

He's lashed out against Seth Meyers calling him a stutter after those jokes and (inaudible) correspondents, Donald didn't even smile. He's like angry the whole time.

BANFIELD: He was angry. Yeah.

OBEIDALLAH: So I'm hoping some Republican candidates will use some zingers tonight against him. They don't even have to be good just enough to knock him off his game.

BANFIELD: Well who among the ten who actually shared the stage...

OBEIDALLAH: Right.

BANFIELD: Well, the nine and him and what might they say that could really derail him and knock him? I think comedy is very powerful.

OBEIDALLAH: I think we'll, right I think the two potentially with the best committee comment would be Ted Cruz, who I don't think will mock Donald Trump. But Chris Christie is at 3 percent of the polls he can do, but maybe a few zingers, like how the (ph) Mr. Trump, you say you want to make America great, why don't you start with your hair? And just see how he responds. Or something, you know, he can go on like can we go from the first black president to the first orange president?

We can't do that as America.

BANFIELD: Well do you see anybody actually going there? And that -- this is as we said at the top of the show, this is a debate to lose not a debate to win.

OBEIDALLAH: This is a reality show mixed with a wrestling competition right now. I'm not kidding, you have Fox news has turned it to a reality show, remember the top ten make it to the big stage. They might have a big air horn to stop the time.

Then she have celebrity judges critiquing each of the people, to be honest. And I think some of the Republicans are going to sit back and stick to their talking points. But at some points these guys have to wake up.

We're not 8 to 14 months from an election, we're 6 months from super Tuesday.

Most of these candidates will be gone, they'll be out of money, so start taking shots today, Donald Trump, and let America see his lack of temperament.

BANFIELD: Well I guess what they trying to find that the quote that I saw earlier today that made me think of you because it was just so funny. It got the political operative in trouble with the campaign aide from another campaign saying "Preparing for a debate tonight is like being a NASCAR driver preparing for a race in which one of the drivers is drunk."

OBEIDALLAH: I mean, Donald Trump really is the Miley Cyrus of politics but with less substance. I mean this is what you're dealing with out there, and they're going to have to deal with it. And I hope Trump doesn't lay down, doesn't do the statesman thing, and really lashes out. Let's see the fight, let's have some fun.

BANFIELD: No matter what, it's going to be fun and probably funny.

OBEIDALLAH: I hope so.

BANFIELD: And many people don't try to be.

Thank you Dean Obeidallah.

OBEIDALLAH: Thanks for having me.

BANFIELD: And I like that you cracked some of those zingers. Thank you.

OBEIDALLAH: Did my best.

BANFIELD: Working hard.

All right so, just want to remind you lets all go to cnn.com/opinions for Dean's latest op-ed. Cnn.com has a lot of other material on the election as well.

And we just announced that we're going to host the first Democratic presidential debate as well. It's going to air Tuesday, October 13th. So we're giving you some lead time to make your plan.

CNN is also going to host three Republican debates and the first one is in September.

(COMMERCIAL BREAK)

[12:41:55] BANFIELD: Closing arguments begin today in the final sentencing phase of the Colorado movie theater shooting trial. That jury is going to have to decide whether James Holmes should be put to death for his crimes or whether he should spend the rest of his life contemplating them behind bars. Mr. Holmes has chosen not to testify on his behalf. Not surprising. Not everybody does in these cases.

Our Ana Cabrera joins me from outside of the courthouse in Centennial Colorado.

I know the last few days have been rife with victims' impact statements in that courtroom. That's the opportunity finally for family members to get their say, I mean, literally get their say. But I can't imagine what it was like to have to listen through all of it and what the reaction was from James Holmes.

ANA CABRERA, CNN CORRESPONDENT: It was just such an emotional past couple of days, Ashleigh.

We saw jurors wiping tears, family members in the courtroom gallery were sobbing or weeping trying to hold back any outward burst of some sort. But James Holmes and his parents really showed very little to no emotion, pretty much reaction, look I did catch his mother at one point blowing her nose and appearing to wipe away a tear as well.

It's hard not to be touched hearing from all of those victims' family members. Now all of that is behind these jurors. And today is when they return to the court in just a couple of hours to hear closing arguments in this final phase of this trial.

Now each side will be given 40 minutes to present their final cases and then 20 minutes for rebuttal on each side. And then the jury deliberations will begin.

The defense is likely to try to urge mercy. They're going to really emphasize Holmes mental illness being a factor in this crime. And they only have to convince one juror he deserves a life sentence rather than the death penalty, while the prosecution will fight for the death penalty saying this crime is as bad as it comes.

Look at how many people he killed. Look at how he did it. They'll emphasize the planning and his ability to understand right from wrong despite his mental illness and his beliefs still to this day that killing others or taking their lives somehow -- in some way increased his own self-worth. And they'll urge that he deserves the worst punishment possible for this crime.

Again, they return in just a couple of hours. We could begin deliberations late this afternoon or first thing tomorrow morning, Ashleigh.

BANFIELD: Well Ana, I know that they pushed through that second phase. But I have sat through so many cases like this where ultimately when there's severe mental illness, jurors really, really struggle with putting someone to death no matter how heinous their crimes are.

So keep us posted and let us know what happens especially in those closings.

Ana Cabrera live for us. Thank you for that.

Coming up next, a judge orders Bill Cosby to answer questions about sex abuse. Questions he will have to answer under oath.

[12:44:42] What will those questions be?

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[12:48:21] BANFIELD: Dozens of women have pointed their fingers at Bill Cosby accusing him of rape, sexual assault, and other things. So far he, however, has refused to publicly respond to much of the allegations, but there's a brand-new ruling out there that could have a profound effect on that.

A California judge has sent down the order that Mr. Cosby will be questioned under oath, no choice. The case is from more than 40 years ago, it involves the woman Judith Huff who says she was just 15 years old when she met Bill Cosby. She says he molested her at the Playboy mansion back in 1974.

I want to bring in famed attorney Gloria Allred who is representing Ms. Huff as well as a number of the other accusers as well, she's the victim's rights attorney, and she is also one accolades for her legal work on behalf of women's rights. Gloria it's good to see you again I want to ask you the critical aspects of this ruling that the judge has handed down, may not just be that he's being compelled to testify under oath -- to be -- to post under oath, but that he has to go first before your client Can you tell me why that's so important?

GLORIA ALLRED, VICTIM'S RIGHTS ATTORNEY: Yes, we actually have a battle over who was going to go first and that's why I went to court last week, because we had a dispute with opposing counsel over the order of the deposition and we had noticed his deposition, Mr. Cosby's, and we messengered over the notice in the morning after we won in the California Supreme Court when their petition for review was denied.

And then that same afternoon I received a notice that my client's deposition would be taken by Mr Cosby's attorneys two days prior to Mr Cosby's.

[12:50:06] So that was not acceptable as far as I was concerned, so we went to court to straighten up the order and after argument in the court yesterday gave us the order which is that Mr. Cosby must submit to his deposition first and that will be on October 9th and then after will be our client's deposition, which will be on October 15th.

What is the advantage? In general, Ashleigh, in general most attorneys, plaintiffs attorneys, would prefer to take the defendant's deposition first, because in general we don't want a defendant to have an opportunity to try to tailor his testimony or -- be after the plaintiff's testimony, whatever she has testified to, or be influenced by whatever she has testified to. Not to say that Mr. Cosby would do that, but in general as plaintiff's attorneys we do want to take the defendant's attorney -- the defendant's deposition first.

And, of course, his attorneys wanted our client to go first and argued vigorously for that but they were unsuccessful.

BANFIELD: So, can I ask you this, I should let our audience listen to Monique Pressley who is Cosby's attorney because we had a chance at CNN to speak with her and I just want to have her make this comment and get you to respond to it. Have a listen.

(BEGIN VIDEO CLIP)

MONIQUE PRESSLEY, BILL COSBY'S ATTORNEY: Mr. Cosby as of today is innocent until proven guilty and there shall not be proof because the statute of limitations has passed, people waited far too long to want to discuss these matters at all. He's never been charged with a crime, never been convicted of a crime, and never admitted a crime.

(END VIDEO CLIP)

BANFIELD: Now she makes a compelling argument that that's what lawyers do and you're one of them. So give me this at least Gloria, if you will, what are the odds that Mr. Cosby because of the nature, and I'm not going to get into all the archanity (ph) of it, but because of the nature of this particular incident, he could be facing the possibility of criminal action. And thus has the right in your depositions to just invoke the fifth and not say a word. What are the odds that's going to happen?

ALLRED: Well, all I can say is, it is absolutely accurate to say that as to our case, and I'm only speaking about our case on behalf of Judy Huff against Mr. Cosby, that there will be no criminal prosecution, Ashleigh, and that is because the statute of limitations has passed.

It's too late in other words, in plain English for him to be criminally prosecuted even if the prosecutor were to believe that she could prove the case beyond a reasonable doubt. And then she's indicated that, and, however, it is not too late for us to be able to have our day in court for Ms. Huff in a civil case as to Monique's allegation, oh, he's innocent, well, first of all, that's not the law. It's a presumption of innocence in a criminal case. It doesn't mean the he isn't. It isn't -- doesn't mean that he is guilty. It's just a kind of a legal fiction, it's a presumption.

So that's a misstatement of the law on her part and we are going to have our day in court. Her statement somehow about the statute of limitations, it's kind of mish-mush, it makes no sense to me because we are permitted to proceed with our case, at least so far for Ms. Huff and we are doing so vigorously. And now I'm looking forward to Mr. Cosby testifying under oath. Will he take the fifth, which is your question? Will he invoke his privilege against self- incrimination?

We'll have to see whether he does, again, he can't be prosecuted criminally for the allegations again that Ms. Huff has made, but we are going to see if we can question him about allegations of other accusers, we do have a sense that his counsel will be opposing our being able to ask about allegations of other accusers. So we'll just have to see how it goes. It's going to be a pitch battle but we're ready for it. BANFIELD: Well, I am, too. I can't wait, and I hope this doesn't get sealed because I want to see everything that's said on both sides. Thank you very much, Gloria Allred always good to see you.

ALLRED: Well, we will oppose the sealing if that's what they want to do.

BANFIELD: I knew you would. I knew that. That was a given

ALLRED: Okay. All right.

BANFIELD: Bye Gloria. Talk to you soon.

Coming up, the top Senate Republican has a couple things to say about what the President said on this show for one hour yesterday. So can you imagine if it's sweet and lovely? No, it isn't. Hear what he has to say next.

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[12:56:30] BANFIELD: OK, so if you think that it's just going to be a lot of fireworks at the debate tonight, I want to talk about the politics of the Iran nuclear deal. Wait, don't switch it off there's a congressional showdown that's coming in September when the senators are going to begin debating the issue after a nice month-long recess and the Senate Majority Leader is swinging hard after the President said. Mitch Mcconnell had this to say about the President just minutes ago

(BEGIN VIDEO CLIP)

SEN.MITCH MCCONNELL, (R) MAJORITY LEADER: Demonize your opponents, get up the base, get the Democrats all angry and, you know, rally around the President. To me, that's a different kind of an issue. This is not your typical political debate. This is an enormous national security debate that the President will leave behind under the constitution a year and a half from now, the rest of us will be dealing with the consequences of it. So I wish he would tone down the rhetoric and let's talk about the facts.

(END VIDEO CLIP)

BANFIELD: That might not sound exciting but it is, because it all comes on the heels of this. This was the President during this program for an hour yesterday, an hour, and it was one hard sell of the Iran deal, pointed right at Mitch McConnell and the rest of the lawmakers. He says those lawmakers are risking damaging American credibility if they vote to scuttle that deal. So now it's on. And like I said, if you think the debate is where the action is, this has nothing to do with Trump folks, this is real.

I want to bring in CNN Correspondent Athena Jones who is at the news conference. So I was a little surprised that Mitch McConnell didn't come up swinging right away yesterday, or like 24 hours late. But nonetheless, he means business but how many lawmakers are going to be onboard with what he has to say? ATHENA JONES, CNN CORRESPONDENT: Well, that's the question and, you know, Mitch McConnell was asked about that today he say he didn't want to handicap the outcome, the outcome of the Republican effort to scuttle this deal with Iran, of course they have to come up with a veto-proof majority, they have to get enough Democrats onboard to also oppose this deal.

And many would say that President Obama's speech yesterday was really about not so much trying to win over skeptical Republicans but trying to give Democrats a deal sort of a justification to sell this deal, but both the President and Senator McConnell in response used some tough rhetoric.

Senator McConnell saying the President's rhetoric is craft, that he's not giving this national security debate the dignity that it deserves. Senator McConnell promised a lengthy, full debate in the Senate when they come back at the beginning of September, September 8th is when that all began and they're supposed to vote on a resolution of disapproval or approval by mid-September, September 17th is the deadline.

But you could tell in this press conference just now the Iran deal came up over and over again and Senator Mcconnell was very, very angry about what he sees as the President's really partisan argument in favor of this deal. He took a serious issue with the President tying the hard-liners in Iran, the kind of folks who chant death to America, with Republicans in Congress. So he's clearly not happy how this is going. Ashleigh?

BANFIELD: Yeah. That's some serious rhetoric right there, all right Athena Jones, thank you.

They'll be assumed to find out how many people are listening when he appeal to everyone to call your congressman, are they all busy setting their key votes for the debate tonight. Are they listening to the stuff what's going on right now actual action.

Thanks so much Athena Jones, good to see you. Thank you.

JONES: Thanks. Good to see you.

BANFIELD: OK, thank you everyone for watching, it's been nice to have you with me for this hour, but you got to stick around, because my friend and colleague Brianna Keilar is going to sit in for Wolf. It's coming up now.