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Ted Cruz Surging in Polls; Bowe Bergdahl Makes 1st Court Appearance; Huge Security Scare at JFK International Airport; Kenyan Commuters Hailed Heroes After Attack on Bus; Refugee Crisis a Top 2015 Story. Aired 1:30-2p ET

Aired December 22, 2015 - 13:30   ET

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

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[13:30:52] WOLF BLITZER, CNN ANCHOR: Republican Senator Ted Cruz is riding high in the presidential race right now as he campaigns in the south. A new Quinnipiac University poll shows Cruz nipping at Donald Trump's heels. Trump is ahead by four points, 28 percent to 24 percent.

CNN national correspondent, Sunlen Serfaty, is out there on the trail.

Sunlen, the take off with Ted Cruz's County Christmas Tour. His poll numbers have taken off lately. You've spoken to his advisers. What do they think is behind the surge?

SUNLEN SERFATY, CNN NATIONAL CORRESPONDENT: Well, broadly, the Cruz campaign openly admits they have been a beneficiary of the Ben Carson fall in the poll, but they are touting the ground work saying that the fruit of those labors are paying off in the early states. But the line that we are constantly hearing from the Cruz campaign is that this shows a consolidation of social conservatives, of evangelicals, coming behind the candidate, which is something that Ted Cruz specifically went out of his way to bring up at a campaign stop earlier today in Tennessee. This is what he had to the say.

(BEGIN VIDEO CLIP)

SEN. TED CRUZ, (R), TEXAS & PRESIDENTIAL CANDIDATE: They are looking for someone who is a consistent conservative, the same yesterday, today and tomorrow. The dynamic that we are seeing here in Tennessee, and all across the SEC primary and that we're also seeing across Iowa and Nevada and the conservatives unite. Conservatives are coming together behind our campaign, and if the conservatives unite, we win.

SERFATY: And again, Ted Cruz today not in Iowa or New Hampshire or in any of the earlier states, but Tennessee, and this is, as you said, his Christmas tour, and the week-long trip through southern states. That is a huge part of the Cruz campaign strategy going for it -- Wolf?

BLITZER: Most of the Republican are campaigning in Iowa and New Hampshire and the first two contests. Why did he decide of all times right now the go to Tennessee?

SERFATY: Well, I think that it definitely demonstrates, Wolf, a sense of confidence on the part of Ted Cruz and the campaign. In an interview, Cruz openly revealed that he believes that he is going to be winning Iowa, which is odd for a presidential candidate. Usually, they are about downplaying expectations. So they want to present a sign of confidence. But hitting the southern states. That's really been the strategy of the campaign from the start, do well in Iowa and South Carolina and really then beef up support. And looking towards March, and those Super Tuesday states, they believe they have a big base of support among the social conservatives and the evangelicals in the states, and that can do this candidate a long way going forward. So, today, in Tennessee, Wolf, it is all about thinking about March and looking ahead for Ted Cruz.

BLITZER: Thank you, Sunlen Serfaty.

U.S. Army Sergeant Bowe Bergdahl, held captive by the Taliban for five years, is now facing a life sentence in a U.S. military prison if the court finds him guilty of desertion and misbehavior before the enemy. Coming up, we have live report from Ft. Bragg in North Carolina. We'll also speak with a former U.S. military judge about what Bergdahl could face next. Stay with us.

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[13:37:37] BLITZER: U.S. Army Sergeant Bowe Bergdahl made his first appearance before a military judge to face charges of desertion and endangering fellow soldiers. No cameras were allowed in the courtroom, but we did see Bergdahl when he left the building, clean shaven and in uniform. He has stayed out of the spotlight and tried to keep a relatively low profile since his release from the Taliban last year. You remember that he disappeared from the U.S. military base in Afghanistan in 2009. The Taliban captured Bergdahl and held him captive for five years. He was later freed in a controversial prisoner swap for five Gitmo detainees released.

CNN's Nick Valencia was in the courtroom in Ft. Bragg, North Carolina; and also in the studio is Gary Solis, a former U.S. Marine Corps JAG attorney and a former military judge and now an adjunct professor of law at Georgetown University here in Washington.

Let's begin with you, Nick Valencia.

What did you see in the courtroom?

NICK VALENCIA, CNN CORRESPONDENT: Well, about 10 minutes before the arraignment got under way, it was as if he was intentionally not trying to make eye contact with the people inside of the room. He showed up in dress blue, and clean shaven and clean shaven head, and his hair was so short that you could see a scar on his head and perhaps from his captivity. And he responded sir, yes, sir, to a majority of the questions. He did not enter a plea today. And he also deferred whether or not he wanted a trial by jury or judge, and finally, he waived the right to hear the formal charges read to him in a courtroom. Those charges, one is desertion, and he could face up to five years in prison, and the second being misbehavior in the enemy in which he could face life in prison. And surrounding this, the presiding officer recommended a special court-martial where he would only have a year in confinement, but the top brass decided not to the go forward the recommendation, and pursuing these charges that he is facing right now. Bergdahl, of course, in audio, new audio, we finally heard are from him in a popular podcast "Serial." And this court-martial hearing coming shortly after that the audio was released and whether or not it had anything to do with the announcement of the court-martial. The Army will tell you that the process was well under way even before that podcast was released and the next time Bergdahl is going to have a hearing is January 12th, those are going to be government motion hearings, and Bergdahl does not have to be present for those hearings in January -- Wolf?

[13:40:25] BLITZER: Nick, stand by for a moment.

And, Gary, can you give us a perspective of what is to be expected next?

GARY SOLIS, ADJUNCT PROFESSOR OF LAW, GEORGETOWN UNIVERSITY & FORMER U.S. MARINE CORPS JAG ATTORNEY & FORMER MILITARY JUDGE: Well, the clock is running. When it is referred to trial, they have 120 days to trial, and there may be defense delays, but we should anticipate a court-martial beginning before a military judge alone or the members, that is a jury within 120 days less now.

BLITZER: And how unusual for the military brass to reject the recommendation of the advisory group that suggested maybe he should necessarily not face a court-martial?

SOLIS: What is unusual is that the Article 32 investigating officer made the recommendation at all, because it is not within his purview to suggest where the case should be tried and that is what level or sentence might be appropriate. It is like suggesting in an Article 32 investigation that the government should send him to college. It is something that the investigating officer has anything to say about, and it is always has been the decision to be made by the convening authority, in this case, the general.

BLITZER: The general in charge. Do you know any other cases that come off of the top of your head where someone who is held as a POW for five years by the e enemy in this particular case the Taliban and came back would face these kinds of court-martials and desertion charges? It sounds pretty unusual, but maybe you know some precedence.

SOLIS: Well, it is up usual, but in the Marine corps after the Vietnam war, we had eight enlisted Marines set to go the trial before decided to let it drop, and two officers, a Marine officer and naval officer to be tried for misconduct while in the hands of the enemy, but for unauthorized, no. This is a unique case.

BLITZER: And tell me if it is unusual from your perspective as it from mine, but on the eve to the court-martial, he grants a interview to the podcast group "Serial," and he speaks openly about it, and is that going to be playing well with the military judicial? SOLIS: Well, it is going to be playing well for the prosecution.

BLITZER: That is what I mean?

SOLIS: Yes, because Bergdahl provided the ammunition for conviction at least on the desertion charge. I don't believe that he is going to be convicted of desertion, but rather convicted of a lesser included offense of unauthorized absence since particularly Bergdahl has made that on-air admission to his actions, which are an unauthorized absence.

BLITZER: Because if you had been his defense attorney, you would not have recommended for him to speak to the media in advance of the start of this?

SOLIS: Yes, I am very surprised that general allowed him to do so.

BLITZER: And, Nick, where you are at Ft. Bragg, what is the reaction to the entire procedure?

VALENCIA: Well, Wolf, a lot of the people within the platoon, and specific to the serial podcast did not mince words about how much they hated him and hated him for leaving the post. When you talk to the military personnel, and you know this as well as I know this, the only people that you can are rely on in the Army at war is the people to the right and the left of you and he abandoned those people, the troops. They allege that he put at least six lives in danger, and six lives lost according to some in the military, because of the missions undertaken to go after Bowe Bergdahl and whether they were undertaken missions whether he was missing or not is anyone's guess, but here at the Ft. Bragg, they don't want to share their opinion publicly about what they feel about Bowe Bergdahl. We were surprised to see him not flanked by much security. He was escorted out by a couple of soldiers here after he left the courthouse.

And we should mention, Wolf, it is one of the few times that we have seen him publicly because for the last year he has maintained a low profile and not seen out in public, and the today, a better look at the U.S. Army sergeant on trial for the two serious charges -- Wolf?

BLITZER: Nick Valencia, at Ft. Bragg, thank you very much.

And, Gary Solis, thank you as well.

"Kill us together or leave us alone" -- those were the defiant words of one group of people on the bus who faced terrorists who were targeting Christians. And their defenders were Muslims. It is an incredible story that we have for you after the break.

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[13:47:56] BLITZER: In Kenya, a group of Muslims are being hailed for their heroic act. When Al Shabaab terrorists ambushed the bus and threatened to kill the Christians on board, the Muslim passengers stood up to the terrorists and it is a move that could have cost them their lives.

David McKenzie is in Nairobi with their story of incredible bravery.

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DAVID MCKENZIE, CNN CORRESPONDENT: Wolf, their aim is terror, but Kenyans have stood up to Al Shabaab militant group in an extraordinary act of defiance.

(voice-over): On Monday, more than 100 passengers were crammed on the bus traveling to Madeira on the chronically insecure border with Somalia. Bullets ripped through the side of the bus in an ambush.

UNIDENTIFIED ATTACK VICTIM (through translation): I looked up and I immediately saw people running in the road to stop us. They tell us to get those who are Muslims to come out, go back to bus.

MCKENZIE: A man on the bus told CNN, there were 12 Christians were on board. The gunmen wanted to identify them and execute them. He says that Muslim passengers helped to hide some of them on the bus, and they gave the Christian women head scarves before the gunmen made them lineup on the road.

"They stood strong," said the witness, "telling the gunmen, quote, 'if you want to kill us, then kill us, because there are no Christians here.' Al Shabaab then fled."

JOSEPH NKAISSERY, KENYAN INTERIOR CABINET SECRETARY: We are all Kenyan. We are not separated by religion. Everybody can profess. We are one country, we are one people. It was a very good message from our brothers and sisters from the Muslim community.

MCKENZIE: Civilians have suffered through countless Al Shabaab attacks in the border regions of Kenya. Earlier this year, Al Shabaab attacked a university killing 147 innocent students and, again, they singled out Christians. More than 20 were killed in a shocking bus ambush last year.

(on camera): And men who tried to flee were killed, but the death toll could have been so much worse if it wasn't for the acts of these Kenyan Muslims -- Wolf?

(END VIDEOTAPE)

[13:50:11] BLITZER: David McKenzie, an important story. Thank you very much.

When we come back, security is always an important issue at airports around the world. So how did one individual manage to find his way onto the tarmac at one of the world's busiest airports causing such a huge scare? Stay with us.

(COMMERCIAL BREAK) BLITZER: Up next, the story that should alarm everyone,

especially people traveling during this holiday season. A man found his way onto the tarmac at JFK International Airport in New York City. He was discovered by an employee. When asked for his I.D., he held up a piece of paper and warned the worker not to say anything.

Our aviation correspondent, Rene Marsh, is with me now.

Rene, you have been investigating. What happened?

RENE MARSH, CNN AVIATION & GOVERNMENT REGULATION CORRESPONDENT: This is a major breach, one of the busiest airports in the nation, peak travel time. We know at this hour investigators still don't know how this manmade it on to the tarmac. They don't know where this man is because he was able to disappear. You mention he warned that cargo worker who noticed he didn't have the required I.D. That cargo worker questioned him and this man warned he shouldn't say anything. So now they are going through closed circuit television to see if they can pick up any clues to determine how this man was able to breach security. Fact of the matter is, regardless of what his intentions were, we do know that this is a glaring breach in security at a time when many people are on high alert.

BLITZER: I assume there's video because they video everything at a sensitive spot like JFK International. They haven't released video yet, have they?

[13:55:08] MARSH: We have not seen any video. We did hear from port authority and they're telling us they are continuing to go through the closed circuit video that they have, but no indication of what they were able to see. We still don't know what this man did during his time in that very secure area. Of course, very close to aircraft and things of that sort. So it remains a mystery, but the bigger issue is the perimeter security.

Many people say we spend so much money at the security check points, the question is, is enough attention being paid to the security around the airport, the fencing, making sure that all of those cameras that may be in place are actually being monitored by individuals looking for anything that's suspicious. We will be speaking to the congressman who is in charge of this district, where JFK is located. He's sitting with port authority getting an update.

BLITZER: You'd think they don't know who this individual was, but if there's closed circuit video, they could distribute the video and somebody might recognize that individual and help law enforcement find out who this person was.

MARSH: That hasn't happened yet. We have just very basic description from the police.

BLITZER: What's the description?

MARSH: We know that this man is about 5'9", 185 pounds, wearing a gray sweatshirt, gray pants, white male. That's all we know. We don't know anything else. So very vague, could be anyone. But as far as that video, haven't seen it yet.

BLITZER: Rene, thank you very much. We'll stay on top of this story.

Meanwhile, as we look back at the news stories of 2015, we want to focus in on one that sparked heated controversy here in the United States and in Europe, the refugee crisis. Today, the International Organization for Migration announced that the number of migrants who entered Europe by land and sea has now passed the one million mark.

CNN's Arwa Damon, Nima Elbagir, Nick Paton Walsh, Clarissa Ward and Ivan Watson all covered this crisis for us. In this reporter roundtable, they discussed their experiences in this roundtable.

(BEGIN VIDEOTAPE)

IVAN WATSON, CNN SENIOR INTERNATIONAL CORRESPONDENT: Did you ever think you'd see these masses of people marching into Europe like that? I don't think I would have imagined.

ARWA DAMON, CNN SENIOR INTERNATIONAL CORRESPONDENT: When they get to Greece and the boats keep on coming and coming.

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(SHOUTING)

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DAMON: There's this logic out there of why don't they stay in Lebanon or Turkey, they are safe.

CLARISSA WARD, CNN SENIOR INTERNATIONAL CORRESPONDENT: That's the question, would you? Would you?

(CROSSTALK)

DAMON: No, because you need a life. You need to be able to build a life. You need to be able to build a future for yourself. You're not going to have a future sitting in a refugee camp or in a country where you can't get a job or can't pursue your education or pursue your life.

(CROSSTALK)

DAMON: You know what? Sadly the reality is they are not going to go home. The war in Syria isn't going to end any time soon. Even if it were to end tomorrow, the country is in ruins.

NICK PATON WALSH, CNN SENIOR INTERNATIONAL CORRESPONDENT: There's consequences for decades to come. The dentists, the architects, the boring people who do those important jobs are not going to be there and they are not going to want to go home.

WARD: This isn't necessarily the poorest of the poor making this journey. They can't afford it. WATSON: A lot of these folks from middle-class families.

(CROSSTALK)

WATSON: They're coming from the safe parts of Syria.

DAMON: Syria's poorest of the poor sadly are the ones either still in Syria because they can't afford to leave or they are the ones who are stuck in the refugee camps. It's not a cheap journey.

PATON WALSH: It's so universal. The shear volume of people doing it for totally understandable reasons.

WATSON: There's no way the way that refugee trail unfolded it's good for any of the refugees or any of the European states. It kind of weakens European institutions.

(CROSSTALK)

NIMA ELBAGIR, CNN SENIOR INTERNATIONAL CORRESPONDENT: But it also became a debate.

DAMON: That idea of Europe or even America, it's meant to be a democracy. It's meant to uphold all these ideals and values. And to be treated like trash, that's how they felt. They felt like they were being treated like trash.

(CROSSTALK)

WATSON: It's dependent on the country and the border as well. It's not entirely fair because there were people who welcomed migrants.

ELBAGIR: And people who made difficult political decisions.

WATSON: Exactly. But it created more of a pull factor. Was that better?

ELBAGIR: We had that conversation in the U.K. where the conservatives said if you stop saving them, they will stop coming. Then you have to debate what that does to your humanity. Can you really watch thousands upon thousands of people washing up on shores?

DAMON: Why does it have to get that bad for people to react? Why does it have to that I can take that image for people on the beach --

(CROSSTALK)

DAMON: -- for people to begin to react?

(END VIDEOTAPE)

BLITZER: That's it for me. Powerful words, indeed.

The news continues right now on CNN. [14:00:10] DON LEMON, CNN ANCHOR: Thank you, Mr. Blitzer.

I'm Don Lemon, in for Brooke today.

Donald Trump --