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Cosby Charged with Sexual Assault Free on $1M Bail; Trump Declares "War" on 2016 Enemies; Trump Closing Out 2015 As Clear GOP Frontrunner; President Briefed on Threat to Three U.S. Cities; "Affluenza" Teen's Mom Flying Back to U.S. Now. Aired 7-8p ET

Aired December 30, 2015 - 19:00   ET


[19:00:16] ERIN BURNETT, CNN HOST: Next, Bill Cosby charged with sexual assault and free tonight on a million dollar bail. Could the man called America's dad spend the rest of his life behind bars?

Plus, Donald Trump declaring war calling Hillary Clinton and Jeb Bush his enemies. And threat of a New York's terror attack, intelligence officials warning of threats to New York, Washington and Los Angeles. Let's go OUTFRONT.

Good evening. I'm Erin Burnett.

OUTFRONT tonight, charged. Bill Cosby is free tonight on $1 million bail. The 78-year-old charged with sexual assault. He could go to prison for ten years if convicted. Cosby appearing before a judge in Pennsylvania today, entering a small courthouse where a female judge charged him with aggravated indecent assault. This is Bill Cosby's mugshot taken a few minutes after he left court at a nearby police station. He was fingerprinted and surrendered his passport. This was an unthinkable sight just a few years ago when the comedian was one of the most beloved celebrities in America.

Now though Cosby has been publicly accused of sexual assault by more than 50 women. Jean Casarez is OUTFRONT tonight in Elkins Park, Pennsylvania. Jean, you were there, you were in the courtroom when Cosby walked in stumbling, if here a bit disoriented, at least from what I could see. What was his demeanor inside?

JEAN CASAREZ, JEAN CASAREZ, CNN CORRESPONDENT: Well, the demeanor inside was that he couldn't really see. He was helped to seat by one of his attorneys every step of the way in this very small, very packed courtroom. She placed him in his seat and he did come alone. He did not have his wife Camille with him. But the judge asked him questions, priced him of the charges, he listened intently, he was professional. But at one point, she reiterated that one condition of the $1 million bail that she had said was, that he couldn't have contact with the alleged victim. He said contact with -- she said, with the accuser, with the complainant and then he understood.

He surrendered his passport, it was given to the prosecutor and then at the end the judge said, good luck and Mr. Cosby said with a smile in his face, now defendant Bill Cosby, big smile, thank you. And with that, he left. But it all began minutes later when he arrived right here at this very small courthouse in Montgomery County, Pennsylvania. (BEGIN VIDEOTAPE)

CASAREZ (voice-over): Bill Cosby surrounded by media looking frail in a gray sweater carrying a cane arm-in-arm with his attorneys. He stumbled on his way into a Pennsylvania courthouse.

UNIDENTIFIED MALE: Mr. Cosby, anything to say?

CASAREZ: Inside, standing room only. Cosby was guided to the defense table. After his arraignment, the 78-year-old had his mugshot taken. Bail set at $1 million.

KEVIN STEELE, MONTGOMERY COUNTY PROSECUTOR: These charges stem from a sexual assault that took place on an evening in early 2004 at Mr. Cosby's home.

CASAREZ: Cosby is charged with assaulting Andrea Constand, at the time, a temple university employee. She considered Cosby, 37 years her senior, to be a mentor, over the months they met, he invited her to several public events and private dinners.

STEELE: Mr. Cosby made two sexual advances at her that were rejected. On the evening in question, Mr. Cosby urged her to take pills that he provided to her and to drink wine.

CASAREZ: According to the criminal complaint, the pills and wine left Constand dizzy, nauseous, frozen and paralyzed. Despite her impaired physical and mental condition, the victim was aware that Cosby was fondling her breasts, put his hands into her pants and penetrating her. Waking up hours later with her clothes to shoveled and bra undone, Constand said Cosby dressed in a robe, handed her a muffin, walked her to the door and said, all right. Constant went to the police about a year later and, again, according to the criminal complaint, Cosby admitted to investigators much of what Constand had described except saying, the victim never told him to stop, never pushed him away, never told him her vision was blurred and never said she felt paralyzed.

When directly asked if he ever had sexual intercourse with the victim, Cosby gave the unusual answer, never asleep or awake. No charges were filed back then. The district attorney citing the lack of evidence due to the year-long delay but Constand quickly filed a civil suit which resulted in a confidential settlement agreement with Cosby. Constand the first of some 50 women to have come forward. Cosby and his attorneys have repeatedly denied the allegations against him, today issuing a strong statement in his defense, "Make no mistake, we intend to mount a vigorous defense against this unjustified charge, and we expect that Mr. Cosby will be exonerated by a court of law."


[19:05:25] CASAREZ: And the preliminary hearing is set for January 14th. Andrea Constand's Attorney Dolores Troiani told me today that Andrea Constand was surprised yesterday that charges were going to come. She also said that Andrea Constand is so grateful that this district attorney's office is now putting their confidence in her -- Erin.

BURNETT: All right. Thank you very much, Jean.

OUTFRONT now, Paul Callan, a legal analyst and Stacey Honowitz, a sex crimes prosecutor. Paul, obviously, you know, we talked about more than 50 women have come forward. This may be the only one that is within the statute of limitations, just to make it clear for those you say, well, why is this the only one? That would be why at this point. How long could Bill Cosby go to prison if Andrea Constand wins this case?

PAUL CALLAN, CNN LEGAL ANALYST: This crime, aggravated sexual assault in Pennsylvania, has a ten-year prison sentence that can attach to it. So, that's the maximum he would be looking at in this particular case.

BURNETT: So, that's the maximum, and of course, in his case, he's 78- years-old, that's a very long period of time. Stacey, it's not going to be a slam dunk, though?

STACEY HONOWITZ, SEX CRIMES PROSECUTOR: No. Absolutely. I mean, look, any rape case in and of itself is difficult to prosecute but you have a case here where you have a celebrity and, you know, it's almost like a David and goliath type of situation. In this case of course it differs because if the state attorney is able to have all of those other women come and testify against him, if that testimony is admissible, then certainly it makes the case a lot easier.

BURNETT: That's a big question of whether it will be admissible. Paul, there's also this. Cosby says, he was a mentor to Andrea Constand. He says, he gave her Benadryl. He goes into detail about the encounter, this is in the deposition which was released earlier this year. So, that's what -- they said, OK, there's enough to charge him. But I want to read what he said himself that could be very crucial. He said, quote, "I don't feel her say anything and so I continue and I go into the area that is somewhere between permission and rejection. I am not stopped."


BURNETT: Is that enough to call that rape?

CALLAN: Well, you know, that's a very interesting question because the standards have almost changed in the United States since 2004 and 2005.

BURNETT: This happened of course 2004, allegedly.

CALLAN: You know, and I'll get in trouble probably for saying this but it used to be, you know, if a woman didn't say no, then that meant "yes." But of course, we don't buy that in America anymore. A woman has to affirmatively consent to sexual contact. And I want to make this very, very clear. If a woman is unconscious and she's not capable of saying "no," it doesn't matter if you were in the 1950s, that's still sexual assault or rape and that's what the claim is here.

BURNETT: He has admitted at prior times to giving prescription Quaaludes, prescription Quaaludes to women with the intent of having sex with him, he says, it was always consensual giving them the drugs and the sex, but in this case he says, Benadryl. Would Benadryl counts as a drug that could knock someone out?

CALLAN: Well, Benadryl can have a sedative effect on people. And the issue is, you know, you can be knocked out for a variety of reasons. The law doesn't care why you're knocked out. If you're uncapable of saying, "yes," knowingly, then it can be a rape or a sexual assault and that's what the claim is here. She says she was paralyzed, she couldn't answer one way or another and there's an interesting additional set of questions in that deposition in which he says, I don't know whether she could content or not. So he, in essence, reveals that he didn't even try to find out if she was saying yes or no.

BURNETT: So, Stacey, yes, go ahead.

HONOWITZ: No, what I was going to say was, you know, basically, when we look at why the charges were filed now, a whole new information has come to light. You know, those civil depositions were unsealed and it's those words -- his own words that really are weapons that are used against him. When you're physically incapacitated, which is what the state is alleging in this case, then you don't have the capacity to consent because you are either unconscious or you're dizzy and you can't just do it.


HONOWITZ: And when you think about what's been going on, she said there are two prior times when he tried to physically have sex with her when she rejected. So, what's the purpose of giving her the pills this time? The purpose is to put her in that state where she absolutely can do nothing and then he can perform the sexual assault upon her. So it all kind of makes sense. People might say, why didn't she go back? Why did he then give her the pills the third time?

BURNETT: Right. And that is the question goes. Some people might say, look, she had been there twice, he tried to take her clothes off twice and why did she go back there the third time?

CALLAN: Listen, that's the way this case is going to be tried. The Cosby defenders are going to come in and say, you know, she repeatedly went back, she knew what she was getting herself into. But you can't drug somebody to the point or even give them alcohol to the point where they are so out of it they don't know whether they are saying yes or no. And that's where the center of this case is and it looks to me like it might be a pretty good case.

BURNETT: Stacey, what about those who have come out and say, look, this is about money, this is about getting money from Bill Cosby and that's the bottom-line? What do you say to those people?

HONOWITZ: Well, the interesting fact is that she already has her money. You know, you might look at it and say, if she already has her money and that's the motive, why is she agreeing to cooperate at this point --


[19:10:22] HONOWITZ: And still go forward when statute of limitations is running? So, that's not really going to fly. The motivation is not there. I mean, the fact of the matter is, you have a woman who has been seeking justice. And when she didn't get it with the state's attorney's office, she said, listen, I'm entitled for my day in court and I'm entitled to file a civil suit which is what she did. She has her money, she's already said, it would be very easy for her to walk away and say, I don't want the publicity, I don't have to sit and talk about what went on privately. It's a very delicate, difficult time for a rape victim to go into court --


HONOWITZ: And when the media, you're in a fish bowl in this case, they are going to know every detail like they already have of what went on that evening. So, I think the motivation with money is never going to fly in front of the jury.


HONOWITZ: Trying to get a jury now with everything that's going on.

CALLAN: His own words under oath in a civil deposition, wouldn't that be ironic if with all of these complaints, he hangs himself with one page of questions and answers?

HONOWITZ: Absolutely.

BURNETT: It certainly would. And as we said, charged tonight and free on $1 million bail, and he has surrendered his passport.

OUTFRONT next, Donald Trump declaring its war aiming Hillary Clinton and Jeb Bush as his enemies. As we have breaking news on Ted Cruz tonight. And that declaration of war from Trump just the latest over the top statement in a year when Trump threw out the playbook. Our special report.

And breaking news, security ramped up in high profile locations, time spare on the list, the Rose Bowl and L.A., the nation counting down to the New Year and there are threats against three American cities.


[19:15:08] BURNETT: Breaking news, Ted Cruz raising $20 million this quarter. This is according to a campaign spokeswoman now breaking just seconds ago. It is a massive amount of money nearly doubling the amount Cruz raised for the rest of the year. It's just in the fourth quarter. It comes as Cruz is moving up quickly in the polls now second only to Trump. And Trump tonight is feeling the heat. The front-runner calling his opponents quote-unquote, "enemies" speaking at a rally in South Carolina as rivals Chris Christie and Jeb Bush are holding events at this hour trying to meet as many voters as possible before the New Year. Sara Murray is OUTFRONT.


SARA MURRAY, CNN CORRESPONDENT (voice-over): Donald Trump rounding out the year with a warning to his political rivals, 2016 is going to be a battle.

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: I consider them enemies. We view this as war.

MURRAY: On his last day of campaigning before the New Year, Trump is coming out swinging.

TRUMP: And Hillary is a disaster.

MURRAY: Doubling down on his jabs against the Clintons and dredging up Bill's past indiscretions.

TRUMP: We had to respond to Hillary. She came out with that -- well, she came out -- remember, she wrote -- she said, he's got a -- he's demonstrated a pension. I demonstrated a pension for sexism. Can you believe it? Me. I did have to mention her husband's situation. OK? And that is now the biggest story on television.

MURRAY: When asked Tuesday about his own personal life, Trump told reporters it would be fair for the media or rivals to investigate his background as well. Trump is also boasting about the first ad buys of his campaign, saying he'll spend $2 million a week in advertising in early voting states beginning next month.

TRUMP: I'm going to be doing big ads in Iowa, New Hampshire, South Carolina and they are going to be very substantial and I think they are very well done.

MURRAY: With the rest of the field tearing into each other, Trump is using his iconic hair-do to turn into Obama's environmental agenda.

TRUMP: You can't use hairspray because it's going to affect the ozone. Let's see, I'm in my room in New York City and I want to put a little spray so that I -- right? Right?


But I hear they don't want me to use hairspray. They want me to use the pump because the other one, which I really like better rather than going, bing, bing, bing and then it comes out in big lumps, right? And you're stock in your hair and you say, oh my God, I got to take a shower again, my hair is all screwed up.

MURRAY: And ending 2015 with a parting plea. Voters better not let him down.

TRUMP: Don't sit back and say, oh, Trump is going to do well. The more we can win by, you know, the more power we have, in a sense. Because it's like a mandate. But you've got to go out and vote. (END VIDEOTAPE)

MURRAY: And tonight, Erin, more warning signs for Jeb Bush's presidential campaign. His campaign says they are canceling $3 million in planned ad buys instead they are going to use that money to move from headquarters into the early voting states. New Hampshire in particular is expected to get a big infusion of staff. This gives you a sense of how the campaign is having to make tough decisions as Bush's poll numbers flounder and how important New Hampshire is becoming to their strategy -- Erin.

BURNETT: Sara, thank you very much. And I want to talk about that big move by Jeb Bush. Donald Trump's campaign spokesperson, Katrina Pierson is OUTFRONT along with Paris Dennard who worked for President George W. Bush.

Katrina, let me start with you. You just heard Donald Trump there as Sara is reporting, pushing people as his rallies to go vote, we know a lot of his supporters don't usually vote. And it comes on the same night that we are hearing that Ted Cruz raised $20 million in one quarter. That's almost doubling what he raised the whole one year. This is the guy that's rising quickly in the polls, second only now to Donald Trump. It sounds like Trump is worried.

KATRINA PIERSON, DONALD TRUMP CAMPAIGN SPOKESPERSON: No, not at all. I mean, we are month out from the Iowa caucus. It's natural procedure to get out there, put out some ads, and get your people out to the polls. Everyone is gearing up to get those people out to the caucuses, they want to encourage voters, they really want to get out there, and this is a really important election, Erin. Of course Donald Trump is going to be out there buying ads and encouraging voters to get to those caucuses. Every candidate should be.

BURNETT: Paris, what do you think? Is it possible that Donald Trump won't get those supporters to vote. I mean, you look at him in the national polls, just consistently the front-runner. Right? There is no question about that. But is it possible that he doesn't win any of these key early states, Iowa, New Hampshire, South Carolina?

PARIS DENNARD, FORMER WHITE HOUSE DIRECTOR FOR BLACK OUTREACH: It's very possible, Erin. When you look at something called the Bradley or the Willy (ph) stats in which primary voters, people that are polled, they say they are going to do one thing. They say they are supporting Donald Trump and they may come to the ballot box and not vote it for him because when national security issues become more and more relevant, look in that Paris, look in that San Bernardino, and look at the terror threats that are going off on New Year's Eve, experience, on-the-job training, stumping that people are going to look at them, so for Donald Trump, the voters in these early states might say, hmm, I don't know if he has what it takes to be the commander-in-chief. And so it's not inevitable that he can win.

BURNETT: Katrina, what do you say --

PIERSON: But it goes both ways, Erin --

BURNETT: -- that you have that he could lose zero for three in these first states?

[19:20:15] PIERSON: I don't think it's a possibility because I know of the infrastructure in place, but I think anything could happen. But the Bradley effect goes both ways. It's been shown and stated in polls that there are a lot of people that won't state their support publicly for Mr. Trump for fear of retribution from others. So, I do think there's a possibility for a landslide at all barely states.

DENNARD: But at the same time, when you look at the Bradley effect, everyone right now, all of the polls that you cite shows Donald Trump OUTFRONT winning being number one. Those same people can go to the polls and say, I don't think he has what it takes to be the commander- in-chief. And that vote for him, and you look at momentum. Ted Cruz right now has momentum especially in the fundraising. When you look at the other candidates, they have momentum. When it comes to increasing their numbers in the polls in these early states. Evangelical vote, going back to the March 1st SEC primary, that bodes well for other candidates, like Ted Cruz and like Marco Rubio. So, it's not a shoe-in for Donald Trump.

BURNETT: So, let me ask -- each of you --

PIERSON: But even when you ask them specifics --

BURNETT: Yes, go ahead, Katrina.

PIERSON: But when you ask them specifics, not just about who you want to vote for but who is the best on the economy, who is the best on ISIS, who is the best on foreign policy and who is best as commander- in-chief, overwhelmingly it's Donald Trump.

BURNETT: So let me ask each of you, just saw Chris Christie, he is holding a town hall live at this moment. Jeb Bush also, Marco Rubio held several earlier today and then they are all basically, you know, taking a rest tomorrow and then back for 2016. Paris, do any of these establishment players have a real shot? All right. And when I say establishment, I'm obviously not including Ted Cruz and his $20 million. Right? I'm talking Rubio, I'm talking Christie, I'm talking Bush.

DENNARD: I think these establishment candidates have a real shot. And I think at the top of the list is going to be Senator Marco Rubio. We look at the number of high dollar, mega donors that are coming to support him, the level of endorsements and here's the other point. Conservatives looked to Marco Rubio as the person that is, they are comfortable with, and as a comfortable conservative candidate who can win. At the end of the day, we want a winner. We look at these polls, Erin, and the polls say Donald Trump is winning and the primary issues.

But when it comes down to the general election, I've worked for the last time we had a Republican winner in the White House, that's what Republicans want at the end of the day. We want a winner. Marco Rubio certainly can be that winner. Chris Christie, as you look at National Security issues becoming more prevalent can also be that winner and he's proven that when you look at him being the governor of a blue state and being re-elected.

PIERSON: Absolutely not.

DENNARD: So, it's a very much a possibility.

PIERSON: Absolutely not. We're in a complete different political paradigm today since the rise of the conservative grassroots. None of them support Marco Rubio considering that he lied about the position he took on amnesty in his own state. Chris Christie is number four in his home state of New Jersey. The Republican Party is not going to get an establishment candidate this time and it's just not going to happen for a number of reasons because the last two election cycles, we put up moderates, we put up establishments and we all held our noses and voted for them and they lost and we know now --

DENNARD: I don't think anybody calls Marco Rubio a moderate.

PIERSON: Is it do or die? Is it do or die?

DENNARD: Nobody calls Marco Rubio a moderate.

PIERSON: Marco Rubio is definitely a moderate. He's afforded amnesty, he lied to the voters, he's not doing his job. There is not a lot of support for Marco Rubio to win this nomination. But more importantly, we're still looking at Donald Trump and Ted Cruz at the head of the PAC and in some cases, Mr. Trump's double digits ahead. Voters are going to get out for Mr. Trump.

DENNARD: All right.

PIERSON: And Hillary Clinton definitely does not want to run against him and that's going to energize everyone even more.

BURNETT: All right. Thanks.

DENNARD: Katrina, tell the people, five polls, three polls, two polls that show Donald J. Trump beating Hillary Clinton. That you can't do and that's the issue for the general election.

BURNETT: All right.

DENNARD: He's specifically tied in the last two polls.

BURNETT: We have --


BURNETT: -- you are both very good at getting that final word. Final word. I guess I'll give you both a tie on that.

All right. Thank you so much. And OUTFRONT next, Donald Trump rallying voters today.


TRUMP: Right? I want to use history. (END VIDEO CLIP)

BURNETT: Why that comment could actually win him the White House. We'll explain.

Plus, breaking news, terror targets. The President briefed on New Year's threats to New York, Washington, D.C., and Los Angeles.


[19:27:40] BURNETT: Tonight, Donald Trump speaking to supporters in South Carolina. Once again ridiculing his opponents and President Obama this time, calling out the President for flying an outdated gas- guzzling Air Force One even as he rants about the dangers of global warming. This is just one of the many things Trump is saying that people maybe thinking but few politicians have ever said it before.

Tom Foreman is OUTFRONT.


TOM FOREMAN, CNN CORRESPONDENT (voice-over): It may be hard to recall amid the mania now but Donald Trump's poll numbers were buried in the GOP pack when he first said something about Mexican immigrants that pundits thought would crater his campaign.

TRUMP: They are bringing drugs, they're bringing crimes, they're rapists.

FOREMAN: That was June. By July, his poll numbers were rising. Then he went after Republican Senator John McCain.

TRUMP: He's a war hero because he was captured.

FOREMAN: And Trump numbers climbed again blasted a female news anchor --

TRUMP: Blood coming out of her wherever.

FOREMAN: Midwest voters.

TRUMP: How stupid are the people of Iowa?

FOREMAN: Even a disabled journalist.

TRUMP: Oh, I don't know what I said.

FOREMAN: And he's topped the polls for almost a half year now.

UNIDENTIFIED MALE: Twenty seven generals and admirals --

FOREMAN: And while other candidates have been burning through their war chests buying ads, Trump is only now talking about paying for any TV time.

TRUMP: I spent less money than anybody else and I have the best result.

FOREMAN: In almost every way, the businessman from New York is shredding the political playbook while his opponents mounts bus tours to shake hands in cafes, Trump skips the retail politics, roaring in on his private jet to leave massive rallies.

TRUMP: Unbelievable.

FOREMAN: While other candidates squirm at any falsehood caught by a fact checker, Trump who has been called out for false statements over and over again brushes criticism off like a lint on our mind.

TRUMP: She wanted to breast pump in front of me. And I may have said that's disgusting. I may have said something else. I thought it was terrible.

FOREMAN: And the hits just keep coming.

TRUMP: She got schlonged. She lost. Give may break.

Excuse me. Sit down. You weren't called. Sit down.


FOREMAN: Campaign wisdom dies hard here in D.C., so each time Trump says something that defies convention, the political establishment still says that's it, his campaign will finally be derailed.

[19:30:04] But they've been wrong every time and for now, the Trump train is still rolling strong -- Erin.

BURNETT: All right. Tom, thank you very much. And they have been wrong every time.

OUTFRONT now, Donald Trump supporter, Jeffrey Lord, the former Reagan White House political director, along with Rick Wilson, Republican strategist who's made ads for a super PAC representing Marco Rubio.

All right. Rick, you heard Donald Trump. And here's the thing -- everybody in the world of pundits thought that each of those things that he said would be the end of Donald Trump and yet it is not the case. The voters love him.

RICK WILSON, REPUBLICAN STRATEGIST: Well, look, a segment of the Republican Party loves him, a segment of the relationship party are driven by immigration, basically driven by a narrow populist thing and that's gotten a lot of folks in that segment very excited about Donald Trump. He's going to eventually collide with having to have votes counted in the coming weeks and the fact that he's going on TV doesn't pay for over the fact that there's no organization on the Trump side in Iowa, not too much in New Hampshire, very little in South Carolina, nothing in the SEC states. The guy is running campaign on earned media. He's done it brilliantly.

But earned media is not the only thing that you do in a campaign and even though he's a celebrity, even though he's a reality TV star, and people are convinced they know this guy because he's a reality TV star, he's going to eventually run up against campaigns that are actually doing the work. A lot of the campaigns made a fundamental error in the beginning and never really addressed it, or never really understood that you had to compete with him in a whole variety of areas.

You know, you had to go after him on policy and everything else, and not let him play the game that he's played.

BURNETT: So, Jeff, the reality of it is, he's getting all these people coming to his rallies. Do you think there is a risk? Look, they may love what he says, people may say it in the polls, but they're not going to show up?

JEFF LORD, CNN POLITICAL COMMENTATOR: Well, you do have to have organization, there's no question about that. What he's doing is something that Ronald Reagan made a point of doing in 1980, which was getting conservative Democrat -- conservatives who were Democrats or independents to flock into the Republican Party and help him go on to win the nomination and the election.

But you do have to be organized to do that and it's certainly my understanding that he does have this organization in place in Iowa, he was the first to have a county chairman in every county in New Hampshire. So, you know, he's -- look, one of the things he's done here in terms of his life, separate from politics, is to build the Trump Organization, his business. You can't do that if you're not organized and you don't know how to organize, and I suspect he does know.

BURNETT: Let me play something, Rick, that just happened today. Donald Trump was speaking to supporters and criticized his plan for global warming which led Donald Trump in the way that can only lead Donald Trump down the cul-de-sac to a passionate defense of aerosol hairspray, yet Donald Trump brings it back, somehow makes sense and people respond to it. Let me play it for you.


DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: You can't use hairspray because hairspray is going to affect the ozone. I'm trying to figure out, let's see -- I'm in my room in New York City and I wanted to put on a little spray so that I could -- right? Right?

But I hear they don't want me to use the hairspray. They want me to use the pump, because the other one which I really like the other one better going bing, bing, bing. Then it comes out in big globs, right, and you have to take a shower again because my hair's all screwed up, right?

I want to use hairspray. They say, don't use hairspray. It's bad for the ozone. So I'm sitting in this concealed apartment, this concealed -- I do really live in a very nice apartment, right? But it's sealed. It's beautiful. I don't think anything gets out, and I'm not supposed to be using hairspray. But think of it, so Obama is always talking about global warming. The

global warming is our biggest and most dangerous problem, OK? No, no. Think of it. Even if you're a believer in global warming, ISIS is a big problem. Russia is a problem. China is a problem. We've got a lot of problems.


BURNETT: That in a nutshell is what he was able to do that nobody else was able to do and nobody else has really understood. Goes on tangent, seemingly ridiculous and somehow brings it back to his core points and it resonates with people. It seems to use the word of the moment to be the most authentic thing that's happening out there on the campaign trail. Isn't it?

WILSON: Look, the guy's like a Catskills comic. I'm sorry. Yes, it's funny. He's an entertainer but that's all he has. He's not really proposing anything serious in terms of response to ISIS, in response to Putin and in response to the multiple crises around the world that we face.

It's all about, you know, the -- Trump -- this is a guy who is only about his own internal monologue and it's funny and entertaining and it's not presidential. At the end of the day, he's not coming back to the real --

[19:35:00] LORD: Erin?


LORD: Erin, that clip you just played of Donald Trump is exactly why he's running so far ahead. He is a fabulous communicator.

And it reminds me, I'll give you an example from Reagan, instead of going into some long policy discussion about the arms control and communism, he called the Soviet Union the evil empire, you know, taking it straight from "Star Wars." Right there, he communicated the essence of the idea of what the Soviet Union was all about.

This is the kind of thing that Donald Trump does. He does it extremely well and just did it right there.

BURNETT: All right. Thank you both very much.

OUTFRONT next: breaking news, fear of a New Year's attack on America. Officials warning of threats to three major U.S. cities as New York is preparing an unprecedented police presence. Our special report.

Plus, also breaking this hour, the affluenza teen's mother now en route to the U.S. from Mexico as we're learning that her son, seen on this surveillance video, may avoid any jail time.


BURNETT: And breaking news, threats of a New Year's attack to three major U.S. cities. CNN confirming that security officials personally briefed President Obama about the intelligence.

Justice reporter Evan Perez is OUTFRONT tonight from Times Square.

And, Evan, you're talking about three major U.S. cities?

[19:40:01] EVAN PEREZ, CNN JUSTICE CORRESPONDENT: That's right, Erin. We're talking about here in New York, Los Angeles and Washington, D.C., the president asked for a special briefing before he left on his Christmas vacation. And one of the threats that he was told about was one that came from an overseas sources, a single source. It has not been corroborated but it really just shows you the threat picture that officials are dealing with.

Here in New York, obviously, one of the first areas of concern is right here behind me in Times Square. This is where about a million people will be gathering in about 24 hours to ring in the New Year and the NYPD says that they are going to deploy 6,000 officers here on the streets, here in this area to make sure people are safe.

In Los Angeles, the big concern is the Rose Bowl, which attracts obviously thousands of tourists and visitors, both the parade and the football game. You know, at this time of year, we also hear a lot from the Homeland Security Department. You know, there are no credible, specific threats known about here in the United States. With that said, it's what they don't know about that so much concerns America.

BURNETT: Evan Perez, thank you very much.

OUTFRONT now, a former CIA operative Bob Baer.

So, Bob, you just heard Evan there in Times Square. About a million people will be there tomorrow night. NYPD says it will be the safest place in the world. They actually came out and said that it will be the safest place in the world. Fair?

BOB BAER, CNN INTELLIGENCE AND SECURITY ANALYST: No, Erin. It's silly. Times Square is essentially indefensible. Somebody with a suicide vest, hard to detect, you can't run everybody through a metal detector. You can't see these things if you're wearing a coat. At the very least, somebody with a weapon, any sort of bomb.

I mean, the New York police are very, very good and they are very sensitized to the threat and at the end of the day, a crowd of people like that, you can't vet everybody and check them.

BURNETT: I mean, that's pretty frightening about New York, obviously. You've got a million people there. You also talked about Los Angeles. Home of the Rose Bowl back on Friday. 90,000, at latest count, how many people can fit in there. How intense does the security have to be there?

You know, thinking back to Paris, right, it was metal detectors that stopped those would-be bombers from getting in. What about at the Rose Bowl? BAER: Exactly. In Paris, they were lucky that the bombs didn't go

off in a more crowded area. If had been in the middle of a lot of people and they were well-made, the bombs, it would have killed people in Paris, the same with the Rose Bowl. You just can't control the entries to this.

And I think what the administration is also worried about is, look, we are on the offensive in Iraq. It was American air power which essentially took back Ramadi. The Iraqis did -- were on the ground, but they are doing that, the Russians are on the move against the Islamic State. They had attacked the day before yesterday and Brussels is canceling its New Year's celebration because they are worried about attacks.

So, across the world, people are worried about the Islamic State or their fellow travelers.

BURNETT: And what does it say, Bob, that they would be this concern, briefing the president on the threats to three cities, based on an international source, a single source. Obviously, they are nervous, right but is that also concerning that they would do that based on a single source?

BAER: Well, the single source I don't really trust these people. You have fabricators always coming in and knocking on the doors of American intelligence. This may be the case of that. But on the other hand, it's just the atmosphere and I think this administration is braced for another attack. We just have to face that and it got cut short on San Bernardino, when it said we know of no specific threat.

And so many of these people have managed to fly under the radar or people even traveling from Europe.

BURNETT: All right. Well, thank you very much, Bob Baer.

And OUTFRONT next, breaking news: the mother of the affluenza teen being deported to the United States. We just found that out moments ago at this hour. We are learning, though, that the teen may be able to avoid any prison time at all.

And Steve Jobs, as you've never seen him.


BURNETT: Breaking news, Tonya Couch, the so-called affluenza teen's mother is on her way back to the United States at this moment. Her son, who killed four people in a drunk driving crash, is still in Mexico and fighting to stay there. It could be months before Ethan Couch comes back to the U.S., which could mean he escapes serving any prison time in the United States.

Ed Lavandera is OUTFRONT.

(BEGIN VIDEOTAPE) ED LAVANDERA, CNN CORRESPONDENT (voice-over): Just hours before Ethan Couch and his mother Tonya were supposed to board a flight for Texas, the latest twist in the affluenza teen saga emerges from the Mexican facility where the pair is in custody. The Couches hired attorneys to fight their deportation, but we've learned that she's being deported tonight while her son is staying in Mexico for now.

RICHARD HJUNTER, CHIEF DEPUTY U.S. MARSHAL: It seems to me, if they wanted to, they could pay him as much money as they want to, to drag this out as long as they want to.

LAVANDERA: Texas authorities say the 18-year-old and his mother took off in their truck shortly emerged online apparently showing Couch at a party with alcohol, violating the terms of his probation. Ethan Couch and his mother were found in a shabby apartment building in the resort town of Puerto Vallarta.

One of the first tips of their whereabouts came in on Christmas Eve. ABC News showed this footage of them inside a butcher shop a few hours before they were taken into custody Monday afternoon. They looked relaxed and at ease in the video, but Texas authorities say that the Couches were looking at a lifetime on the run.

DEE ANDERSON, TARRANT COUNTY SHERIFF: When he tried to cross back in, he would have been arrested so he was, at best, looking at a life of exile. No way that he could come back to Texas or the states, for that matter.

LAVANDERA: Ethan Couch is supposed to be in a Texas courtroom on January 19th. That's when prosecutors hope to convince a judge to move his case from the juvenile system into the adult system, where he could face harsher punishment if he violates his provision again for a drunk driving crash that killed four people in 2013.

[19:50:03] But now, prosecutors aren't sure if that hearing will take place if Ethan Couch isn't back in the country.

SHAREN WILSON, TARRANT COUNTY DISTRICT ATTORNEY: I hope that I seem like I recognize the seriousness of this man's misconduct, and his mother's misconduct and I hope that I sound like we're ready to deal with that when he gets here.

LAVANDERA: U.S. marshal officials who helped track him down say it will probably take awhile to get Ethan Couch back.

HUNTER: But now, everything changed to we don't know when they are coming, we don't know where they're going to land.


LAVANDERA: Obviously, things have changed significantly in the last couple hours with Tonya Couch now we're being told on a commercial flight flying from Guadalajara, Mexico, to Los Angeles first and she's being escorted by U.S. marshals, would be escorted by two to four Mexican immigration officials. And she would be turned over to the U.S. Marshal Service who would then bring her back here to Fort Worth. She'll be handcuffed as soon as she lands on U.S. soil and Fort Worth authorities are ready to charge her with a felony count of interfering with the apprehension of a juvenile fugitive for which she faces up to ten years -- Erin.

BURNETT: All right. Ed, thank you very much.

I want to go straight to Paul Callan is with me, former prosecutor and criminal defense attorney.

So, Ed saying she faces up to ten years. Is that reasonable or is that sort of on the maximum end, she could be looking, you know, like he was, right, at a few months or something?

PAUL CALLAN, CNN LEGAL ANALYST: I think it's really a stretch to think she'll do ten years. I mean, whatever you want to say, she's a mother worried about her own kid and she helps him go to Mexico. They are not going to give her ten years. She could wind up with jail time. There's certainly going to be a serious punishment attached, but I don't think it would be 10 years.

BURNETT: And what about him? So, he's not fighting coming back to the U.S. to make it clear that he was -- this was as a juvenile. So, basically, he can only go to jail until he turns, 19, I believe, in April.

CALLAN: Yes, which is in about 120 days.

BURNETT: Right, so that's the maximum he could serve. So, basically, if he's able to avoid coming back to the U.S. for that long or close to that long, he might avoid going to prison here at all.

CALLAN: That's very true, he could. What will happen, he's not going to walk away, though, because he'll be transferred to an adult supervised probation and then if he commits another offense, he'll end up in an adult prison in the United States. But, yes, he could wind up having no jail time in the U.S.

And one other thing, though, if they put him in a Mexican prison, which they have the right to do, there is a U.S. warrant to hold him, he may spend some bad time in a Mexican prison and he may decide to wave extradition and come back to the U.S. That's a possibility. I bet that's how it resolves.

BURNETT: He could come back sooner. Still so shocking to remember how this started killing four people in a drunk driving accident and how little, how little he has had --

CALLAN: He walks away from it. He gets this great break, life gives him this wonderful opportunity to rebuild his life and he throws it away.

BURNETT: It is shocking and disturbing. Thank you very much, Paul Callan.

And OUTFRONT next, he was a genius and a visionary. Ahead, a look at a rarely seen side of Steve Jobs.


[19:57:08] BURNETT: Tonight, Apple about to have its first down year in terms of stocks since 2007. That's a pretty bad thing and it's in part over worries about the Apple Watch. But remember, the watch was not a Steve Job's creation which makes you wonder what would he have done to fix the problem.

Dan Simon is OUTFRONT.


STEVE JOBS, APPLE CO-FOUNDER: I used to like Intel's advertising. So, I called them up one day and I said, "Who does your advertising?" They said, well, Regis McKenna. I said, what's a Regis McKenna? They said, no, it's a person.

DAN SIMON, CNN CORRESPONDENT (voice-over): Filled with both humorous and heartbreaking anecdotes, the documentary "Steve Jobs: The Man and The Machine" gives a behind the scenes look at how jobs rose to become arguably the most influential CEO in modern history.

JOBS: Today, Apple is going to reinvent the phone.

SIMON: His passion on display over the legendary keynotes ignited as a teenager after seeing a computer in early Hewlett-Packard up close.

JOBS: I started going up to Hewlett-Packard's Palo Alto research lab every Tuesday night and I spent every spare moment I had trying to write programs for it. I'm so fascinated by this.

ALEX GIBNEY, DIRECTOR: He had a knack particularly with those magnificent presentations.

JOBS: The screen literally floats in midair.

GIBNEY: He was brilliant. I think he was incredibly smart and had a way to understand the way the zeitgeist work, the way he could almost sense what we wanted before we wanted it.

JOBS: It was the hardest they ever worked in their life.

SIMON: But Director Alex Gibney says there was another side to Steve Jobs, someone who is brutal how he dealt with people, and that side of him, he says, is important in fully understanding his brilliant but complex personality.

BOB BELLEVILLE, FORMER APPLE EMPLOYEE: He's seducing you. He's vilifying you, and he's ignoring you. You're in one of those three states.

SIMON: Bob Belleville was part of the original McIntosh team and the climate Jobs created he explains in the documentary took a heavy toll.

BELLEVILLE: I ended up changing my entire life. I lost my wife in that process. I lost my children in that process.

UNIDENTIFIED MALE: Because the work became so intense?

BELLEVILLE: The work was intense. The commitment needed to do it was intense.

SIMON: Steve Jobs died four years ago, as the director points out, the response was similar to the passing of John Lennon or even Martin Luther King.

GIBNEY: And I thought to myself, exactly why, why are we weeping for Steve Jobs and what does it have to say about him but also about us?

SIMON: Dan Simon, CNN, San Francisco.


BURNETT: And the CNN Film "Steve Jobs: The Man and the Machine" airs this Sunday night at 9:00 Eastern, right here on CNN.

And, of course, tomorrow be sure to ring in the New Year with those two crazy folks, Anderson Cooper and Kathy Griffin. I love Kathy and she's amazing, but it is the special side of Anderson that she brings out that is so compelling that you must watch tomorrow tonight, at 8:00 p.m., right here on CNN.

Thanks so much for joining. Be sure to set your DVR to record OUTFRONT so you can watch the show anytime.

Happy New Year. I'll see you in 2016.

"AC360" begins right now.