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Mistrial for Baltimore Officer, Protests Erupt; The Race for President: Candidates Target Each Other; California Terror Attack: Investigating the Shooters; Tom Brady Leaves Interview After Trump Questions. Aired 5-5:30a ET

Aired December 17, 2015 - 05:00   ET

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


BORIS SANCHEZ, CNN ANCHOR: Baltimore on edge this morning. Protesters are in the streets after a mistrial for one of the police officers charged in Freddie Gray's death.

[05:00:05] CRISTINA ALESCI, CNN ANCHOR: Republicans running for president are back on the campaign trail. The new feuds forming after Tuesday's debate. What the candidates are saying this morning.

SANCHEZ: And new information about the San Bernardino shooters. What the FBI is now revealing about the terrorists.

Good morning and welcome to EARLY START. I'm Boris Sanchez.

ALESCI: I'm Cristina Alesci. It's Thursday, December 17th, it is 5:00 a.m. in the East.

This morning, lawyers for the defense in the prosecution in the Freddie Gray case are in a meeting in a Baltimore courtroom to discuss setting a new trial date. That's after the judge declared a mistrial in the first prosecution of a police officer in connection with Gray's murder.

CNN's Miguel Marquez is in Baltimore for us with the very latest.

(BEGIN VIDEOTAPE)

MIGUEL MARQUEZ, CNN NATIONAL CORRESPONDENT: Cristina, Boris, there was an audible gasp in the courtroom when Judge Barry Williams announced that the jury was deadlocked on all four charges against Officer William Porter. I think there was an expectation that he would be found guilty perhaps on some of the lower charges and either a hung jury or not guilty on the upper charges that he was facing.

The family of Freddie Gray is speaking closely to CNN. His mother saying she was upset that the jury wasn't able to come up with a verdict on this go. But the father saying, his stepfather was saying that he thanked the jury for its work and asked the citizens of Baltimore to stay calm.

RICHARD SHIPLEY, FREDDIE GRAY'S STEPFATHER: We are hopeful that Ms. Mosley will retry Officer Porter as soon as possible and that his next jury will reach a verdict. Once again, we ask the public to remain calm and patient because we are confident there will be another trial with a different jury. We are calm. You should be calm.

MARQUEZ: And in large part, that's just what they did, just after the non-verdict was announced. There were a few dozen protesters outside the courthouse here. They marched to city hall and then to police headquarters, very large numbers of police though met them. Those police not in riot gear, but in force, keeping them off the streets from blocking major thoroughfares.

There were a couple of dust-ups along the way. Two were arrested, but in large part, peaceful, boisterous, but not a huge problem for the city to face.

The question now is what next for Officer William Porter? The prosecution has indicated it would like to retry the case, but it is not soon how that will move forward. The judge is going to hold a meeting tomorrow among all the parties to talk about scheduling to see how this moves forward. It's clearly in the days ahead, we are going to see a lot of lawyer strategy and tactics being employed before they move forward. Not with the Porter case, but with the five others that they want to get done here -- Cristina, Boris.

(END VIDEOTAPE)

SANCHEZ: Republican candidates back on the campaign trail after the debate. Trump in Arizona bragging about his huge polling numbers. The two candidates right behind him in many polls, Ted Cruz and Marco Rubio, they are taking aim mostly at each other. Rubio is in Iowa along with a man recently in fourth place, Ben Carson, as Cruz launches a week long campaign swing through Super Tuesday states.

Joining us to break down all the action, CNN politics reporter Jeremy Diamond in our Washington bureau.

Jeremy, good morning to you.

Never a dull moment with the Republican field specifically, with Donald. He is on the defensive against a familiar foe. Listen to what he told Jimmy Kimmel last night about branding Jeb.

(BEGIN VIDEO CLIP)

JIMMY KIMMEL, TV HOST/COMEDIAN: Do you think Jeb Bush is scared of you or scared in general?

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: I think he's scared.

He is having a hard time.

KIMMEL: Do you think he wants to run for president?

TRUMP: No. He was a happy warrior. He has never been a happy warrior.

And he is having a hard time running. He was supposed to be because of the name, everybody thought he was the odds on favorite.

And I defined him. I gave him this term low energy. I said he is a low energy individual. We do not need in this country low energy.

(END VIDEO CLIP)

SANCHEZ: Trump obviously putting out that he may have defined Jeb. Jeb was supposed to be the $180 million man, heir apparent to the nomination. How much influence do you think Trump has had on Jeb's campaign?

JEREMY DIAMOND, CNN POLITICS REPORTER: A huge influence. I think Trump is exactly right when he says that he defined Jeb Bush early on in the campaign. You know, that was a lesson from 2012, was that Obama's campaign was able to define Mitt Romney early on, as kind of this wealthy, you know, out of touch character. Donald Trump has kind of done the same to Jeb Bush in a different way. And the way is with the low energy shtick.

Of course, Jeb Bush had a really strong debate performance, you know, the other day. And that's going to help him some. But the question, of course, is it a little bit too late?

ALESCI: Donald Trump also last night talking about the fact that there is a lower rung of Republican candidates who are polling extremely low.

[05:05:09] And he had some harsh words for them. Take a listen.

(BEGIN VIDEO CLIP)

TRUMP: You have guys like Pataki where he has zero. You have Lindsey Graham with zero. People should get out.

I don't even think it's good -- I don't know what they're doing. They are on the children's stage. They call it the children's stage.

KIMMEL: Right.

TRUMP: And they're talking -- they have nothing going. At a certain point, you have to get out.

(END VIDEO CLIP)

ALESCI: Jeremy, why do you think he actually was so harsh about those guys? I mean, they don't pose a threat.

DIAMOND: I mean, he is Donald Trump. That's what he does, right? You know, when he is talking about people who have low polling numbers. It's like a joke to him.

Everything in Donald Trump's world is defined by how high your polling numbers are and how big your crowds are. And I think if Donald Trump found himself in the position of Lindsey Graham, or a George Pataki, he would drop out immediately, you know? So, I don't think he understand what is their thought process is. But

certainly, they have an agenda, especially Lindsey Graham. You know, he is there to try to represent his party's more hawkish positions on military and defense and national security. He's out there certainly pushing his knowledge, because he is very knowledgeable about the issues, and he is adding something to the debate.

Now, it is unfortunate he is not able to get on the main stage. But then again, he has to deal with Donald Trump more, too. I'm not sure how that would play out.

ALESCI: One person we have not talked about that much in the last couple days, Hillary Clinton. She had some words for a Trump supporter. Take a listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: My dad is a Donald Trump supporter. Can you give him a message?

(LAUGHTER)

HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: What's your dad's name?

UNIDENTIFIED FEMALE: Sean Story (ph).

CLINTON: Sean?

UNIDENTIFIED FEMALE: Yes.

CLINTON: Hi, Sean. I'm here with your daughter. And I hope you can see I don't have horns. And I really do hope that as this election goes on, you will listen to your daughter. Thanks. Bye.

(END VIDEO CLIP)

ALESCI: I don't know what you think, Jeremy. But this woman looks like she's just relaxing. She's having a great time.

DIAMOND: Yes. You know, she certainly is having a fun primary process than the Republicans. She is having an easier time.

Listen, she will have to face-off against Bernie Sanders and Martin O'Malley on Saturday night again for their next Democratic debate. But, of course, Hillary Clinton's having a bit of an easier primary process. The competition isn't as tough, but she still is going to have to campaign hard to be able to make sure she can fend off the challenge, especially from Bernie Sanders, who is coming at her from the left and really posing somewhat of a threat in states like New Hampshire and Iowa.

But it looks like Hillary Clinton has this nomination more locked up than any Republican contender.

SANCHEZ: Yes. Jeremy, getting back to the Republicans, a recent ABC/"Washington Post" poll shows that Ted Cruz has nearly doubled his support in a month. He's 15 percent now from eight in November.

How long before Cruz and Trump start getting nasty with each other? They were so friendly on Tuesday. But is this going to last?

DIAMOND: You know, so far, it's working to both of their advantage. I think Trump saw a little bit of -- he saw it back fire a little bit when he called Ted Cruz a maniac last week. It really backfired for him, especially in conservative circles. You had conservative talk radio hosts like Mark Levin and Rush Limbaugh criticizing Trump for calling Cruz a maniac, because essentially that maniac nature is him taking on the establishment in Washington, which conservatives love.

And, Ted Cruz, of course, is really hoping to take up Trump supporters when Trump drops out if he drops out as Ted Cruz and his campaign staff seemed to believe.

So, for now, it's really playing out well for them. I mean you've seen Cruz rise. You've seen Trump's numbers continue to rise. And it's kind of an odd scenario when you don't have the number two candidate, Ted Cruz, hitting Donald Trump in the debate.

You know, they are totally bear hugging each other. They are hoping that that's going to work.

Now, eventually if it does -- if the field does narrow down, I think they're going to have to ultimately define each other and trying to go after each other more. But for now, it's working out just fine for both of them.

ALESCI: That is the moment that all political reporters are just waiting for. We know it.

DIAMOND: I'm here. I just want to get to it.

SANCHEZ: The bear hug appears to be working. So, we'll see.

ALESCI: Yes.

SANCHEZ: Thank you, Jeremy.

ALESCI: All right. Were warning signs missed in the San Bernardino terror attack? What we are learning about the shooters and when they were radicalized, next.

(COMMERCIAL BREAK)

[05:13:34] SANCHEZ: We have new details about the radicalization of the San Bernardino shooters. The FBI says Tashfeen Malik and Syed Farook communicated with each online about their commitment to jihad back in 2013, before they ever even physically met. But the FBI director insists there were no warning signs missed.

We get more from CNN's Paul Vercammen in San Bernardino.

(BEGIN VIDEOTAPE) PAUL VERCAMMEN, CNN CORRESPONDENT: FBI Director James Comey said years before the attack, Tashfeen Malik and Syed Farook were showing signs of commitment both jihad and martyrdom, but their messages were direct and private. And Comey in his talk said many times that it was difficult to see the threat of ISIS because of encryption or these hidden messages.

He also said that there were no signs, no indications, no direct links between the San Bernardino couple and overseas terrorist organizations.

JAMES COMEY, FBI DIRECTOR: We still see in San Bernardino, no indication of direct contact with foreign terrorist organization and obviously that would include any direction from foreign terrorist organization. We still have not seen evidence, although we constantly look for it and are still working on it, that they are part of an organized cell of some sort, or that there were other parts to this plan.

VERCAMMEN: Comey added that there were no signs, no indications that the San Bernardino couple tripped any wires, came across any of the FBI's screens. And he left everyone in the United States with a thought.

[05:15:01] He said, if you come across something, tell us. Don't let these savages get what they want -- Boris, Cristina.

(END VIDEOTAPE)

SANCHEZ: Another effort to prevent more victims due to terrorism. The nation's new national advisory system has been activated for the first time. The public being warned about self radicalized actors who could attack without notice. The advisory remains in effect for six months or until events warrant a change.

Homeland Security Secretary Jeh Johnson is concerned another attack like the one in San Bernardino or the one in Paris, although the department is aware of no specific credible threat.

ALESCI: Breaking overnight: Defense Secretary Ash Carter caught using a personal e-mail account to conduct official Pentagon business during his first few months on the job. That is according to "The New York Times." The White House contacted the Defense Department and questioned Carter's e-mail practices.

In a written statement released yesterday, a spokesperson said the defense secretary, quote, "made a mistake and has stopped using the account."

SANCHEZ: Lawmakers begin voting on a $1.1 trillion spending plan, along with a $629 billion tax cut package being pushed by Republicans. The Democrats are getting their way on the spending plan, it's largely free of the policy riders that Republicans wanted, blocking President Obama on immigration. global warming and gun control. In exchange, Republicans gets a tax credit favored by big corporations, as well as a two-year delay on Obamacare taxes that are scheduled to kick in. ALESCI: It is a fantastic day for stocks around the world thanks to

the Federal Reserve. European and Asian shares higher this morning. And U.S. stock futures are pointing up, too. This, of course, is after the Federal Reserve hiked interest rates for the first time in a decade. The small increase is a vote of confidence of how far we have come since the financial crisis.

The emergency is over. The economy looked strong. Yesterday, the stocks rallied on the news. The Dow gained 224 points and bank stocks did great. Here's why -- they are starting to charge people more to borrow money, but they are not going to pay people more to deposit money.

SANCHEZ: Not a bad deal.

ALESCI: I feel a little bit short changed. I'm not going to lie.

SANCHEZ: Well, it's been unseasonably warm here on the East Coast. But you shouldn't keep that winter coat too far away.

Pedram Javaheri tells us why.

PEDRAM JAVAHERI, AMS METEOROLOGIST: Cristina and Boris, good morning to you guys.

Yes, the warmth is going to hang out for at least another day and then the bottom drops out and then we warm right back up. But look at this. As far as the first two weeks of the month of December. Nearly 2,000 record high temperatures across country and also 2,800 record warm lows have been observed, incredible warmth in place, we know that's about to change.

Here comes the cold air stop Saturday evening. It's going to be seasonal to say the least across parts of the Great Lakes and eventually the Northeast. It is not an unusual amount of cold, but it's very short lived. They rebound again and go way above normal in parts of the country, to the 20s and 30s are pretty prevalent this morning across the portions of the western Great Lakes and Western Plains. But back to the east, looking at 52 degrees this morning across New York City, Washington at 48.

Some showers coming in, the heaviest of which I think will be confined towards Alabama, Georgia and unto the Carolinas. So, the highs look like this from 79 in Charleston to the upper 50s, not too bad out of New York City. And Boston makes it up to 51 degrees.

But I want to jump ahead to next week. Look at Christmas Eve into Christmas Day. Temperatures once again 25 degrees above what is considered normal. What does that look like for you, New York City? Well, the bottom drops out, and then we go back up to 65 degrees on the 23rd of December. Enjoy it.

Take care, guys.

SANCHEZ: We certainly will enjoy it. Board shorts on Christmas.

ALESCI: I will.

SANCHEZ: Well, America's favorite quarterback, the Patriots Tom Brady, under fire. Not for deflating footballs this time. It's because of his friendship with Donald Trump. Coy Wire has this morning's bleacher report, next.

(COMMERCIAL BREAK)

ALESCI: After an historic career, U.S. soccer star Abby Wambach is saying good-bye. Coy Wire --

SANCHEZ: Coy Wire has more in this morning's bleacher report.

Coy, we are saying good-bye to a legend.

COY WIRE, CNN SPORTS CORRESPONDENT: Yes, this -- Abby Wambach, she was the leading international goals scored in men's or women's soccer in after 14 years in the U.S. women's national team. She's finishing her career as one of the greatest soccer players of all time. Wambach was met with a sensational ovation in New Orleans yesterday for the final game as U.S. took on China in the friendly.

U.S. would lose 1-0. But that didn't slow the showing of love and respect for Wambach. After the game, President Obama tweeted, "Congratulations on an incredible career, Abby, for the goals you've scored and the kids you've inspired. You're the GOAT. So, congrats to you, Abby."

You know you are doing something right when the president calls you the greatest of all time.

Now, after seven straight road games, the Golden State Warriors returned home and returned to winning. Steph Curry and company hosted the Phoenix Suns putting on a clinic. Look at it, a no look pass to Klay Thompson for the trey. Looking like the Harlem Globetrotters out there.

Check the between the legs from Andrew Bogut to Curry. But the star of the night, Klay Thompson, 27 points in the third quarter alone, finishes with 43 on the night. Now 25-1. The Warriors are going to be looking for revenge Friday when they play the Bucks, the team that ended the record win streak.

Now, we'll get to see two of the NFL's rising stars tonight game between the Bucs and Rams. Jameis Winston has set the Bucs franchise rookie passing record with over 3,000 yards this season, and the St. Louis Battering Rams, Todd Gurley needs two more games of 125 yard or more to break the NFL rookie running back record. He's already had five this season. Both teams have an outside shot of making the playoffs. It is a must-win for both.

Now, both of the teams I played for in the NFL, the media said never talk about politics and religion. Two days after saying he supports his friend Donald Trump, Tom Brady is done talking about politics. Take a listen.

(BEGIN VIDEO CLIP)

REPORTER: How do you think people feel about your relationship with Donald Trump?

TOM BRADY, PATRIOT QB: I don't think about it much.

REPORTER: You're opening the door when you do talk about it?

[05:25:00] BRADY: Like I said, I'm here to play football. Thanks.

(END VIDEO CLIP)

WIRE: So when you are done talking about something, just walk off the stage. They can't ask you anymore questions. We will not hear from Brady about Trump anymore, guys.

SANCHEZ: Probably not. He said he stands by his friends except when they are caught deflating footballs, right, Coy?

WIRE: That's right, Boris.

Good morning to you, guys. Have a good one.

ALESCI: Good morning.

SANCHEZ: Same to you.

Tensions are rising in Baltimore. A mistrial for one of the police officers charged in Freddie Gray's death. What comes next? After the break.

(COMMERCIAL BREAK)

ALESCI: Protesters in Baltimore after a hung jury for the first police officer to face a trial in the death of Freddie Gray.

SANCHEZ: Is Donald Trump becoming a nice guy? Why the frontrunner in the race for president now says it's time for Republicans to come together.

ALESCI: New information in the California terror attack. Inside the shooters' relationship.

Welcome back to EARLY START. I'm Cristina Alesci.

SANCHEZ: I'm Boris Sanchez. We're just about half past the hour.

And this morning, the defense and prosecution in the Freddie case are meeting in a Baltimore courtroom to discus setting a new trial date. That's after the judge declared a mistrial in the first prosecution of the police officer in connection with Gray's death.

CNN's Miguel Marquez in Baltimore for us with the latest.

(BEGIN VIDEOTAPE) MARQUEZ: Cristina, Boris, there was an audible gasp in the courtroom when Judge Barry Williams announced that the jury was deadlocked on all four charges against Officer William Porter.