Return to Transcripts main page

Legal View with Ashleigh Banfield

Trump Alone At Top Of New Poll; New York Times Says GOP Is In Near "Panic" Over Trump; U.K., Germany DEate Military Action Against Terrorists; Opening Statements In Baltimore Officer Trial; Satanists Fight For the Right To Be Heard In Lisa Ling's Upcoming Show. Aired 12:30-1p ET

Aired December 02, 2015 - 12:30   ET

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

(COMMERCIAL BREAK)

[12:30:15] ASHLEIGH BANFIELD, CNN ANCHOR: If you're a big fan of the math like I am, we are nine weeks away from the Iowa caucuses and ten weeks away from the New Hampshire primary.

And Mr. Donald Trump is still confounding just about everybody who expects him to fade away or fizzle out or crash and burn and any of those -- and, you know, it's quite something, it's confounding. Look at this new numbers a brand new Quinnipiac poll of Republican voters' nationwide showing that Trump once again is the undisputed favorite, a full 10 points ahead of its nearest three competitors.

And one of those three is Ben Carson who a month ago was sharing the lead and toggling for first, but still no signs of life from Jeb Bush.

On the democratic side of things, Hillary Clinton has a two to one advantage over Bernie Sanders, for the month of November, she is up and Sanders is down.

Aside from being the frontrunners Clinton and Trump have one other trait in common, by almost identical margins many more voters than not see each of them as not honest and trustworthy.

Really, they're just a point apart there, folks.

Time to bring in my panel Sally Kohn who is a progressive activist and columnists, and Tara Setmayer is a CNN political commentator and former spokeswoman for GOP Congressman Dana Rohrabachertara.

So this is once again, got everybody bringing their hands if they're not Trump fans. And all those people who fill his big stadium thrill to this that they've got their guy. Do they have their guy?

TARA SETMAYER, CNN POLITICAL COMMENTATOR: Well, for them they do. But that support I think people are starting to see getting a feeling, right between...

BANFIELD: You said that every single poll.

SETMAYER: But it hasn't gone above. No, no, I mean he's hit a ceiling if they hasn't gone above 30 percent in a while. So that means that three out of four Republicans do not favor Donald Trump.

Now, where do we go from here? We're going to -- people are really starting to say, "OK, it's time to pull the lever in nine weeks." This is where it is going to be playing out. Will people actually be go to the polls and vote for Donald Trump? If it is more than 25 or 30 percent, then we'll see. But we don't see that.

I think what's most revealing about this poll is the fact that Ben Carson has tumbled. And I'm not surprised about that, because he was exposed for being the political neophyte that he is, he's made many missteps, he doesn't know anything about foreign policy and people are starting to go "Nah, we're evaluating that."

BANFIELD: We have Michele Bachmann and Herman Cain experience is that what you're saying?

SETMAYER: Absolutely.

BANFIELD: Which everybody thought Trump would have.

Let me read something for you guys from the New York Times, and I'm going to quote them.

"Irritation is giving way to the panic among the Republican establishment that Trump might not only lose against Clinton, but take some other GOP candidates down with him." That's quite something.

And Sally, it doesn't seem to matter though. But it doesn't seem to matter you can tell the Republicans who crowd those halls who go into see Donald Trump that this could be catastrophic. They don't seem to care. They don't care about any of what the media has been calling him out or other Republicans have been calling him out for.

SALLY KOHN, PROGRESSIVE ACTIVIST/COLUMNIST: I mean look, I have to say, and I'm guilty of this, when Trump was first sort of surging, I treated this as a joke. I thought he was a joke, you know, that his candidacy was laughable, that it wouldn't survive.

You know, we might get the point where -- I might weep on national television for the first time ever, this is not funny anymore. And, you know, when you have a candidate who continues to say this sort of things demagogic things he is saying and his support is maintaining when you see, you know, a black lives matter protester beaten during one of his rallies, and he says maybe he deserved to be roughed up, when, you know, a -- an immigrant, a homeless immigrant is beaten by the Trump supporters and Trump doesn't condemn that. But in fact so as well my people are passionate.

I mean you this kind of, you know, there's a word for this Ashleigh its fascism.

And people need to remember in this country that Adolf Hitler when he first rose the power was elected by 36 percent of the German voters. This is kind of getting deeply disturbing and troublesome not only for the Republican Party, not -- I mean for democracy, justice and liberty. BANFIELD: ... weird brown shirt similarities too. I mean identity cards located, spy on your neighbors, the disabled already have mocked.

Tara, let me ask you this...

SETMAYER: I agreed with sally up to the fascism stuff.

(CROSSTALK)

KOHN: You're demonizing groups of people repeatedly and...

SETMAYER: And a little bit much to start comparing him to Hitler.

(CROSSTALK)

BANFIELD: Hey, the word liar, the word bigot, the word racist these are not things you typically see and say the Washington Post headlines, or Time Magazine, et cetera. But like you said you're about to weep on national television, many of these columnist and reporters are putting these things in their headlines because they say we're out or within we have nowhere else to go. We have to call it what it is.

[12:35:00] When he says thousands and thousands of Muslims were dancing in New Jersey watching the Twin Towers and I saw it with my own eyes, there is no video, it is a live folks, it is a live because we've all worked it, I was the managing editor of NBC program at that time, there is no video that anyone has ever Mr. Trump included and Mr. Trump get your millions and offer it as a bounty for the person who comes up with the video.

This is an issue, when you start the headlines like this. But they don't seem to get action.

SETMAYER: Yes, because it's a weird inverse effect here. It's like the more the media or the establishment goes after Trump, the more people say "Nope, we're digging in because the sentiment is so anti- establishment, they're so frustrated, they're fed up with the status quo that people are gravitating toward someone like Trump.

I agree that Trump is not ready to be the president of the United States, he does things that concern me, that should concern everyone from the databases with Muslims to -- you know, if we -- I always say this, if he were a Democrat proposing these kinds of thing, behaving in this kind of way, conservatives will be first one jumping around saying this guy is can't possibly be president, this is a scary thing. But because he takes tidbits of things that people are frustrated with and he's different, then we give him a pass. I don't think we should be giving him a pass.

BANFIELD: OK, guys let me ask you something, take a look at this numbers, again this is the newest Quinnipiac University poll, came out November 23rd to 30th, questions were asked. These are the folks among the Republicans that who said they have absolutely made up their minds up. And 46 percent of them said they've done so for Donald Trump. So the question what you both to weigh in on is, what is the Republican National Committee doing right now that we can't see, I'm thinking of Santa's workshop, and the elves hard at work with opposition research and a strategy of campaigning. And also because they're terrified about trump also, they feel the lose the bigger, he'll win the battle and they'll lose the war. What are they doing to build an arsenal? You go first Sally.

KOHN: I mean, I think that they are like, you know, really drunk on spikes eggnog, because this guy seems like tough on, you know, the more bad stuff that comes out against him, it doesn't seem to hurt him.

(CROSSTALK)

KOHN: But I don't I think it's opposition research, here's what's the Republican Party should be doing which is Trump is an extreme example a horrifying and extreme example of something that is not unfortunately too rare within his party. So we also have to look at what Ted Cruz has said against Muslims. The fact that Republican Presidential candidates and leaders have suggested that Islam is not a religion of peace which is also not true and as a smear, we have to look at the fact that Trump and other candidates -- he's not the only candidate who's repeated the lie about Planned Parenthood.

So the Republican Party has to the distance...

BANFIELD: Tara, what's going on in Santa's workshop of the RNC...

(CROSSTALK)

SETMAYER: Right, the folks that I've talk too in Washington they've been talking about the fact that the traditional ways of going after Trump don't work. So they're going to have to sit back and figure out ways to get Trump to hang himself basically and make a case of that for people to see when you start to have real examples like is this really what you want to have. But they have a tread lightly, because when you turn around you have Donald Trump threatening the third party run again even though he signed the pledge, it doesn't matter.

He is such a road candidate that they're still trying to figure out what to do once the people start voting and then he starts to win and then what do we do, I mean there's a lot of buzzing going on...

BANFIELD: We have to leave it there.

SETMAYER: ... people are not thrilled about this.

BANFIELD: I have to leave it there. But I'm going to repeat this plea to Mr. T., and that is, sir, since you saw the video, offer a lot of money to put this argument to bed.

Offer millions to the person who can show you the video that you think you saw. I think you saw the West Bank where they were tossing candy in the street, and there were dozens of them jumping for joy. KOHN: But it looks like New Jersey.

(CROSSTALK)

KOHN: It was a joke.

BANFIELD: But there you go Mr. Trump, it's in your lap and I know all probably be the subject of next nasty tweet that matter.

Thank you Tara, thank you Sally, nice to see you both, appreciate it.

By the way as a reminder the Republican debate next one up is right here on CNN it is Tuesday December 15th, 9:00 P.M. eastern time.

[12:39:05] Coming up next, a possible turning point in the war on terror, is Britain ready, is Germany ready to stand up with France and step up the war against ISIS?

(COMMERCIAL BREAK)

BANFIELD: France is about to find out just how committed two of its neighbors are to going all-in against ISIS. I'm talking about Germany and the U.K.

The lawmaking bodies of both of those countries right now are debating and discussing and voting on just how much military firepower and support to launch at the terror group operating mostly in Syria.

London today, British Prime Minister David Cameron, ready to start bombing he says, telling parliament, there are two paths to take here.

Go after ISIS now or wait for the terrorists to strike, possibly at home. And remember the same parliament voted against to military action in Syria that was back in 2013. But of course, that was before Charlie Hebdo, before the Russian plane went down in Egypt because of a bomb, and before the Paris attacks.

Our Barbara Starr is live at that Pentagon.

Barbara, the British prime minister says that as soon as the vote happens the bombs can start falling. But this is a very delicate dance to be made. Work me through -- walk me through what they can offer, just in terms of the combat support, troop support, actual armaments and things they can bring to the battlefield.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Well, Ashleigh, as you mentioned the British and the Germans are taking slightly different paths on this.

[12:45:06] We'll start with Germany. And what the Germans are looking at is support whether it's transportation, fuel, ground support operations, that sort of thing.

The British, however, are looking at a much more direct air combat mission, sending the bombers over targets in Syria, dropping their bombs and missiles. The British have a good capability to do this. Smaller force than the United States, but a vital part of the coalition, and the U.S. is certainly. Well, as France would like to see them involved.

Now what you have in Europe of course, just like here in the United States obviously is domestic political pressure from opposition parties in both countries. So both of these debates are very vigorous, but as you say Prime Minister David Cameron in the U.K. making an all- out effort with his government to push for the parliamentary vote perhaps later today and get permission for British air strikes to begin. Ashleigh.

BANFIELD: Our Pentagon correspondent Barbara Starr, working the story for us, keep us apprised, if you would, Barbara, thank you for that, reporting live from the pentgon to today.

Coming up, some brand-new developments in the trial of a Baltimore police officer charged in the death of Freddie Gray. The opening statements have begun in earnest, and we're going to have details of just exactly what's being said in court. It's often said that the case can be won or lost in jury selection, and this is not lost or won there, it is done so in the opening statements. Back after this.

(COMMERCIAL BREAK)

[12:51:06] BANFIELD: And our breaking news is in the Freddie Gray death trial. We can now report that opening statements have officially begun in the trial for the first of the six police officers who are facing charges. Our Miguel Marquez was live in the courtroom. He has just exited the building to join me live. Walk me through what happened.

MIGUEL MARQUEZ, CNN CORRESPONDENT: So, I'll give a very somber and serious talk to the jury, these jurors. This jury just impaneled about15 minutes later, they come back and that opening statement begins the prosecutor coming up very strong saying in five of the six stops the officer, Officer Porter was there. At the third stop importantly, he says that he reads more of that conversation between Freddie Gray and this officer, Officer William Porter.

He says that when Porter opened the door, the first thing that Gray said was "Help." That was probably the most powerful point, the jury taking notes, copious notes the entire time. Porter then Said "What's wrong?" Gray said "I can't breathe." Do you need a paramedic? Said Porter. Gray said, "Yes." Do you need to go the hospital asked porter. Gray said "Yes". Shouting out and turn to jury and said "None of that was done." Porter then when on to the next stop and the next knowing that Gray was in trouble and that they failed to give him trouble all along.

Importantly he also gave key details of what the prosecution is going to argue in how Mr. Gray was injured, that the fourth and the fifth vertebrae of his spinal column that was severed that basically from the chest down Mr. Gray could no longer breathe, but he could speak, because everything up was still working, and that he was breathing using the neck muscles essentially and breathing more and more shallowly until he couldn't anymore. By the time he got to the western police district, they took one person who they arrested later out of the van. And only then turned their attention to Mr. Gray, by that time, he said he was unconscious, he wasn't breathing and he was in dire need of medical attention. Ashleigh.

BANFIELD: Miguel, these are often the most powerful moments when you start a case, and we start off with a bang like that, Freddie Gray's own words moments before he died, the drama in the courtroom must have been thick. Did you have a chance to see his family and how they reacted to that?

MARQUEZ: His entire family was there. His stepfather and his mother Gloria Darden who is in a weakened condition, and has had tough time and extraordinarily tough time dealing, his twin sisters, his other sister and other members of the family or the Gray family were all in court. Mrs. Darden seeming to cry at certain points during the trial, hanging her head down low, that the family looking stricken and very serious. It couldn't have been a more intense situation.

There were even some young people from the neighborhood, from West Baltimore where Mr. Gray was. Work they worked into the courtroom. It's not easy to get into this courtroom, you have to lineup early, you have to get ticket, you have to wait in line, there's a whole process for getting in there. But young people were able to get in there. One of them saying as he heard the prosecutor speaking it pissed him off to hear how they Mr. Gray died and that man being treated like an animal.

This afternoon we are breaking till about 1:15, there's another hour and so and then the defense will have it's turn and it will layout what it is going to argue to the same jury, Ashleigh.

BANFIELD: Well, I really appreciate your making it into the program to get those late breaking details, Miguel. And we're going to keep turning to you all day long. So when you get an opportunity please, you know, jump back to the camera position and report to us what you're hearing in the courtroom.

[12:54:45] We are back after this.

(COMMERCIAL BREAK)

BANFIELD: The decoration and the music appeared long before Thanksgiving, but not it's December embrace yourself. The commercial and the religious symbols of Christmas are about to fill your senses everywhere, but this holiday season there is a certain controversial religious group, that is fighting for the right to express its beliefs and they want to do it in public. The people in the group call themselves Satanists, and they want to be noticed. Watch this.

(BEGIN VIDEO CLIP)

LISA LING, CNN HOST, "THIS IS LIFE WITH LISA LING": As a skilled artist Michael is now using his craft to stand with the temple and their fight for religious freedom. When the Michigan state capital put up a nativity scene during Christmas time, the satanic temple place their own symbol of faith on the state capital lawn, and Michael helped design it.

UNIDENTIFIED MALE: The snake itself has been representative of Lucifer when he chose to lead men to knowledge in the Garden of Eden. We use to support the idea of Lucifer as his metaphorical figure and has influence on man.

LING: We live in a nation that is predominantly Judeo-Christian. So, what's wrong with having a nativity scene on the steps of the capital during Christmas time?

UNIDENTIFIED MALE: There's nothing wrong with it per se. if other, you know, regions could be accepted as well and have their own display, there can't be one dominating voice to all the voices.

LING: So snaketivity had a long side nativity. How it received?

UNIDENTIFIED MALE: A lot of people threaten to destroy it. But for the most part, I felt like it was met with acceptance and curiosity.

LING: Do you celebrate Christmas?

UNIDENTIFIED MALE: I do, actually. I personally just view it as more of time to be with my family.

LING: So you don't think Christmas should go away even though it is the day that commemorates the birth of Christ?

UNIDENTIFIED MALE: No. I don't know, I feel like everyone should have the right to celebrate their religion, but every voice has to be heard.

(END VIDEO CLIP)

BANFIELD: I got a really important voice I'm going to hear for her right now. Lisa Ling. You had a chance to meet a lot of the people, your special is absolutely fascinating tonight on CNN "This is Life with Lisa Ling." It's always lovely to have you.

OK, he didn't look scary to me and yet a lot of people are afraid of the Satanist. Walk me through those the folks that you met, and what they want, and what they believe, and what they think of everyone else?

LING: Well, I think the perception of people who call themselves Satanists consisting of images of people sacrificing people or animals, and that's not at all what I experienced. But what's interesting to note about the people who are members of the satanic temple is they actually don't believe in Satan or any deity at all. In fact, they are more of an activist organization, and their existence is really to protest the imposition of what they say are the Judeo- Christian beliefs and values in our political system and public policy.

So, it is interesting, because they have chosen the most incendiary character in the world, they have gotten a lot of attention, and understandably so. [13:00:00] BANFIELD: Yeah. I can't wait. You do such great work. Thanks Lisa. I look forward to it. Appreciate it.

LING: Thanks, Ashleigh.

BANFIELD: "This is Life with Lisa Ling" tonight 9:00 p.m. Eastern and I'm done. Thanks for being with me. But Wolf's starts right now.