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Kentucky County Clerk Released from Jail. Aired 3:30-4p ET

Aired September 08, 2015 - 15:30   ET

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


[15:30:00] ED LAVANDERA, CNN CORRESPONDENT: Marbles Falls was on its way to winning the game 15-9. So this is at the very end. And now, school officials are also saying that an assistant coach, a 23-year- old assistant coach has been put on administrative leave for quote "telling the players" that quote "ref should pay for cheating us." So all of this now being investigated into what kind of role school officials say that the coach's comments could have had something to do with the players' behavior. But these two players facing very severe punishment. They could be expelled from the school district altogether. They also could face criminal charges. All of that being kind of processed through now and investigated now. But school officials talked about the issue of those racial slurs and how that came about during the course of the game.

(BEGIN VIDEO CLIP)

SIAN LANG, ATHLETIC DIRECTOR, NORTHSIDE INDEPENDENT SCHOOL DISTRICT: And at the point of one slur evidently was happening when one of our players, just prior to him getting ejected the second detention. Prior to that, there was an alleged comment then. And then there was an alleged comment after the wrong player got ejected towards the end of the ball game, next to the last play.

UNIDENTIFIED MALE REPORTER: Two different racial slur allegations?

LANG: At this point we can definitely say that there were two but there may be more. We're still investigating that.

UNIDENTIFIED MALE REPORTER: Sir, what you're saying is that the time of the alleged racial slur was said was on the objection of player number two on the play right before the umpire was slammed from behind?

LANG: Incorrect. You know, that was the last, last alleged slur was made. There was one earlier in the game that precipitated, obviously, the emotions from the alleged comments by the coach.

(END VIDEO CLIP)

LAVANDERA: So Brooke, you have it all in this. Not only is the video dramatic but accusations of racial slurs between the referee and some of the players and also the allegation that perhaps the coach instructed the players to do this. All of that is being investigated but it's quite a distracting and disturbing story, to say the least.

BROOKE BALDWIN, CNN HOST: We will follow it. Ed Lavandera, in Texas. Thank you, Ed.

More on our breaking news this afternoon. Kim Davis, the Kentucky clerk just freed. She'll be speaking live any moment. We'll take that for you.

Also, running for their lives. CNN right in the middle of a remarkable, terrifying scene as mothers and fathers and little children burst threw a police line and tried to escape for a better life. The refugee crisis like you have never seen it here on CNN.

(COMMERCIAL BREAK)

[15:34:43] BALDWIN: Out of break we go and right to Grayson, Kentucky. Governor Mike Huckabee is speaking ahead of rowan county clerk, Kim Davis who just freed.

MIKE HUCKABEE (R), PRESIDENTIAL CANDIDATE: Our friend Kim Davis has been in this jail behind us for six, long days. That's why we are here, to pay our respects and tribute to a courageous elected official who decided she had to obey God and she did follow the courage of her biblical convictions.

But more than that, she followed the only law that was in front of her. The law of the Kentucky constitution which 75 percent of the people of this state affirmed and decided that marriage is what it has always been and what the bible says it to be. One man, one woman let me also say thanks -- another microphone. All right. There we go.

I want to say thanks to the people of this local community. I know you have no idea to know this, but let me express deep appreciation from the local officials here in Carter County where Kim has been incarcerated. They have gone out of their way here in this jail, in the community to show their support, even though she's not a residence of this county but of a neighboring county. And I think it would be appropriate to give a very nice tribute to the local officials who have just been magnificent in the kindness to Kim and her family.

(APPLAUSE)

HUCKABEE: I know there are some people who will say this is a rally of hate. They would be wrong. I know this. And I think I speak for you, we don't gather here today because we hate anybody. We gather here today because we love God and we love this great country. And we do not want to see this country become the smoldering remains of what was once the great republic where the people ruled and its exchange for a place where five unelected lawyers think that they can rule. We are here to say, no, they cannot.

Our founders warned us of the consequences of forgetting something that most of us learned in ninth grade civics. We learned that there are three branches of government, not one but three. We learned that each of those branches are equal to the other. And I believe in the providence of God, the founders were inspired to create a unique form of government that's never existed before, that was based on the premise that it understood that we are frail, that we are sinners and that, as such, we could not be trusted with too much power so the power was distributed and balanced so that no one individual and no one body would have so much power that they can rule over others without checks and balances.

This is the genius of our constitution. This is what we have all agreed would be our contract that we would live under. And it was understood that the courts would have within it a Supreme Court, which means that of all the courts, it has the ultimate authority within that one branch.

But it's limited. It can only review a law. It can even recommend the application. But the founders never gave that one branch of government the power to make the law. That is reserved for the representatives of the people.

Our funders were so concerned that they said that should we ever come to the place that we allow a court to run amuck of its purpose, that we would be living under what is no less than judicial tyranny. That's why we gather today. It is far more than one clerk saying she will not issue marriage licenses. It's that every one of us will have to decide whether or not we want to keep this great republic or whether we are willing to sacrifice it and surrender it to tyranny. And I think we gather here today to say we will not surrender to the tyranny of one branch of government.

(APPLAUSE)

[15:40:03] HUCKABEE: I do not think that it is possible to explain America apart from the providence of almighty God. There is no other explanation for how this country could have come into be. There's no explanation for how this country could have been sustained. The only explanation is that god intervened. And I believe this week, once again, as Forrest Gump so wonderfully said, God showed up and he showed up in the heart of an elected Democrat named Kim Davis.

Now, I only bring that into it because I don't want people to think that this is an issue about Democrats and Republicans because it was a Republican judge who put her in this jail to begin with. I don't care what party a person is as much as I care whether or not they believe that this country was based on fundamental principles that all of us must live under and for those who want the courts to make a law so the politicians can be excused and cowardly hide behind the court and not take a stand, I say that is exactly what our country was not supposed to be.

So today we gather, we fought so that we could rally and maybe get the attention of not only a judge, but of the world to say America is not dead and those of us who love this country are not walking away, running away, are hiding. We come to take the stand today. We will stand with Kim. We will stand with the constitution. And we will stand with our faith and will not be bullied no matter even if they incarcerate us.

(APPLAUSE)

HUCKABEE: I have a message for the judge. And I say this with all my heart, if this judge believes that somebody must be put in jail because a person is willing to stand on the biblical definition of marriage and is willing to stand because they believe that the constitution does not allow the courts to make up law according to their own whims, if the judge believes that, then I would ask this of him. Let Kim go.

But if you have to put someone in jail, I volunteer to go. Let me go. Lock me up if you think that's how freedom is best served because, folks, I am willing to spend the next eight years in the White House leading this country. But I want you to know, I'm willing to spend the next eight years in jail. But I'm not willing to spend one day under the tyranny of people who believe they can take our freedom and conscience away.

We have all come today for the purpose of seeing Kim Davis free. Earlier today, a judge has at least decided that she no longer have to stay in this incarceration center behind us. Again, I say thanks to (INAUDIBLE), the jailer who has treated her with kindness and decency and respect as has all the staff and all the people of this county. And I pay tribute to them.

But I thought before we left today, maybe you would like to personally express your thanks to the person who had the courage to cause a lot of people to start standing up, a person whose courage exceeds that of 99 and nine-tenths percent of the politicians of this country and, sadly, that exceed a bunch of even the pastors of this country. But I believe her act is going to wake up the politicians, the pastors and the people. Would you please help me welcome to the stage Kim Davis!

(CHEERS AND APPLAUSE)

[15:46:23] KIM DAVIS, CLERK OF COURT JAILED OVER MARRIAGE LICENSE: Thank you all so much! I love you all so very much.

(CHEERS AND APPLAUSE)'

DAVIS: I just want to give God the glory. His people have rallied and you are a strong people! We serve a living god who knows exactly where each and every one of us is at. Just keep on pressing. Don't let down because he is here. He's worthy. I love you guys. Thank you so much!

(APPLAUSE)

HUCKABEE: And let's hear it for her husband, Joe, who has been a faithful, strong supporter at her side.

Ladies and gentlemen, your prayers have been answered. Kim will tonight go home. She will be with her family. She will sleep in her own bed. But all of us need to ask, who is next? Your pastor? The head of the school? Who is next?

My question as we leave here today, will you be ready to take the stand even at expense to yourself to stand firm for your convictions for the constitution and for your faith and will not fall. God bless you. Thank you for being here today. And may the Lord be with you and give you his strength. God bless you.

BALDWIN: Well, it was the moment that the hundreds of people there in Kentucky in front of that Carter County detention center had been waiting for. A thunderous applause for this woman who represents many of their values. That is why they showed up today to support rowan county clerk Kim Davis who spoke and clearly has deep conviction and faith.

And you know, as we heard from her attorney, plans to continue to follow her conscience as she continues to work at the Carter County courthouse later this week. The question again that remains, will she continue to stand by her convictions and defy the law of the land as ruled this past June by the United States Supreme Court and comply and sign the same-sex marriage licenses or not? That is the question. That is yet to be determined.

We'll be right back.

(COMMERCIAL BREAK)

[15:54:15] BALDWIN: Back to our breaking news out of Kentucky. I just want to go right to these two. Let's see their faces on screen, as we go to your final thoughts as we've been covering this case out of Grayson, Kentucky, and Kim Davis, she is now free. I mean, she didn't say too much when she was with her attorney. Initially, we know this judge has ordered her released. We know she's headed back to work this week. We know she's following her convenience. The question is how will she respond when, you know, same-sex couples walk in that, you know, her office and want her to sign their certificates?

JOEY JACKSON, HLN LEGAL ANALYST: We know what happened today. The critical question becomes, what will happen next. Will she continue to defy the court and say, look, this is my personal view. It is my personal belief. And as a result of that, what will the judge then do?

I think it's clear from the judge's order what's going to happen, if she does that. And that's where and the same place we are now. It's important to point out, obviously, everybody can have a religious conviction, it could be strong, but this is the difference, Brooke, in as much as she's holding a public office.

And so, the critical question and the inquiry becomes, what does the court do moving forward? Do they carve out an exception for her, or as part of her duties do we say she has an absolute obligation to carry out each and every duty, including the issuance of these licenses, if you're not going to do it, step aside. That's what I'm looking to.

[15:55:30] BALDWIN: Callen?

PAUL CALLEN, CNN LEGAL ANALYST: You know, in 1963 when John Kennedy was president, and George Wallace stood on the steps of the University of Alabama and said black children cannot be educated with white children. Do you know what John F. Kennedy did? He nationalized the Alabama National Guard, and he enforced federal law. All right? We may disagree in good conscience on things on policies in the United

States, but when the federal court rules that this is what the U.S. constitution requires, you have to abide by it.

BALDWIN: Thank you. We will be right back.

(COMMERCIAL BREAK)