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Legal View with Ashleigh Banfield

Trump Blasts Cruz For "Fraud" In Iowa; Trump Says Iowa Caucus Results Should Be "Nullified"; Clinton And Sanders Will Appear In CNN Town Hall; Obama Visits American Mosque For First Time As President; Former District Attorney Testifies That Bill Cosby Cannot Be Prosecuted On Rape Allegations. Aired 12:30-1p ET

Aired February 03, 2016 - 12:30   ET

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


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ASHLEIGH BANFIELD, CNN ANCHOR: It is no surprise with six million some followers Donald Trump takes to twitter to attack the biggest rival. And two days after his loss in Iowa to Texas Senator Ted Cruz, Trump is saying he wants a do-over. Trump tweeting among other things that Cruz is a liar, that he committed fraud and that his results should be nullified.

First thing this morning, Trump tweeted, "Ted Cruz didn't win Iowa. He stole it. That is why all the polls were so wrong and why he got far more votes than anticipated. Bad".

Now, he originally tweeted Cruz illegally stole the election. But he took that word out in a later post. And a host of other accusations followed, as well.

Katrina Pierson joins me now. She's the national spokeswoman for the Trump campaign.

Katrina, good to see you, thanks for doing this. I appreciate it.

KATRINA PIERSON, NATIONAL SPOKESWOMAN, TRUMP CAMPAIGN: It's great to be here, thank you.

BANFIELD: First question, why did he delete the word "illegally", because its kind of takes the tenor of what he is saying from something that's a legitimate accusation to just bluster.

PIERSON: Well, because the secretary of state did release concerns about one of the things that Senator Cruz did during his campaign too. But it hasn't been resolved yet. Well he wanted to withdraw the statement for right now.

But what I will say and just to echo some of the concerns of the Carson campaign had. It wasn't just election night, or caucus night for that matter. It was before that, wherein the Cruz campaign was calling Carson's supporters trying to get them to switch support, because Carson didn't stand a chance anyway.

There's just -- a lot of things that have happened during the caucus itself, too. But we're not talking about is the fact you didn't have to be a registered voter or even show I.D. to cast a ballot. They were on white pieces of paper with no name so there's no way to tie back a vote to a registered voter. There's a lost of things that are going on regarding the process of the caucus that we won't know for about a week from now.

BANFIELD: So, let me just -- I'm sure you have seen this for but for our viewers who is may not have seen it, there's a statement from Rick Tyler from the Cruz communications camp and pretty serious.

It said the, "Reality hit the reality T.V. star in Iowa so nobody's talking about him now so he's trying to regain some attention on Twitter. There are Twitter addiction support groups. So, he should seek out his local chapter".

I'm just going to add to that. The interview right before you live on this program from the Rubio camp was that this was silly. What's your response to both of those responses from Trump's competitors?

PIERSON: Well, I think that one of the things that voters do appreciate is fair elections. It's been one thing, particularly in the grassroots and has been very important. You have organizations like True The Vote and others out there that want to ensure that we have fair elections.

And any time there's been an unfair election, the grassroots get upset because the GOP doesn't fight it. So now we have this candidate questioning the process, in fact, you didn't have to show I.D. Or even be a resident of the area to cast a ballot.

[12:35:04] So, you have someone question the integrity of the caucus now and I think that's good for the grassroots.

BANFIELD: Let me ask you this. I was watching intently as your candidate had a news conference last night and our Sarah Marie asked him if he relied on too much celebrity and not enough actual grounds game mean. And that's mechanics of professional election work, the grass roots, people on the ground, the machine that's been placed in. When he answered it, it didn't seem like he understood what the ground game was, because his answer was, maybe I should have spend more time in Iowa. And just I'm curious if he knows what the ground means, the professional election work. If he's employing and, I'll just add to that, why is he in Arkansas today?

PIERSON: Well, to answer the first part of the question, Mr. Trump was outspent by about 20 to one and still had more votes than Romney and previous winners. But he didn't spend a lot of money in Iowa. He didn't visit 99 counties and one of the reasons is because initially Mr. Trump wasn't even expected to place in the top ten in Iowa.

That state was a carve-out specifically designed for a candidate like Ted Cruz. So he didn't spend a lot of time and money early on. As we began to get closer and Mr. Trump started to gain more traction in the polls, maybe we could have spent more money in Iowa but we didn't and skipping the debate may have hurt, may didn't.

BANFIELD: I think my question is more, did he understand what a true ground game is? It's just not visiting It's employing the workers, the machines, the operations, the data collection, the door knockers, not just visiting or showing up or going to a rally. Like does he understand what that machine is?

PIERSON: Yes. But to give you an example, I mean it is about spending, too. Your ground game does cost money. Mr. Trump spent a little over a quarter million and somebody like Ted Cruz spent about $3 million or $4 million.

So, there's a difference in the ground game, because that also comes with funding. And that's where -- if Mr. Trump spent more money funding that ground game, maybe there would have been a greater turnout. But at the end of the day, the amount of money that was spent per vote, Mr. Trump came out ahead.

BANFIELD: I love having you on because you're succinct, you always answer the question and I get to ask a lot of questions and you're invited back any day. Katrina, thanks.

PIERSON: Thank you.

BANFIELD: Coming up next. Hillary versus Bernie right here on CNN. Will they be a lot less cordial with each other this time around?

We're going to take a look ahead to tonight's critical CNN town hall coming just days before the next big vote in state number two, New Hampshire.

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[12:41:55] BANFIELD: We are eight hours and just a couple of minutes away from that rarest of political opportunities where the candidates for president make their case by answering specific questions, not just from journalists, folks, from voters, real voters, instead of talking over each other and screaming into cameras at a debate.

This is a CNN Democratic town hall at 9:00 p.m. Eastern Time in Derry, New Hampshire. Don't forget, these two are going to meet face to face after a nail biter, a nail biter in Iowa.

My colleague Brianna Keilar is standing by live at the venue. I want you to set the stage for me as to how every thing's going to be set up for them tonight. How's this going to be different, specifically when it comes to how those two are going to change their messages given what happened in Iowa.

BRIANNA KEILAR, CNN SENIOR POLITICAL CORRESPONDENT: Yeah. That's exactly right, so what we'll see tonight and this I should say starts at 9:00 p.m. Eastern. Anderson Cooper is going to be moderating.

But as you mentioned, this is largely driven by New Hampshireshirites (ph), by locals who have questions of the candidates. And actually this is probably my favorite kind of forum when you're talking about how many candidates to answering questions because they really have to answer them. And it's -- I think it becomes so obvious if they don't when a voter is asking a question of them that they have a stake in, that they have an interest in and you really get to observe the candidates and how they answer in this very unique environment.

I think we are going to see Hillary Clinton pushing back on this idea that Bernie Sanders is put out today on the fact that he basically says sometimes she's a progressive and sometimes she's a moderate. We have heard Hillary Clinton push back on that.

He's trying to create daylight between them. I think were going to have her emphasizing a lot on guns. She has a gun event today. She'll be emphasizing Bernie Sanders more moderate stake on guns. It was actually here in New Hampshire that she unveiled her position on that a couple of months ago. And I think that's a place where she thinks that she can make inroads and she really has inroads to make. You have seen the polls, Ashleigh. She is well behind Bernie Sanders here.

BANFIELD: Let me ask you something. A lot of those words subtle and some of those kinds of changes in message are very subtle. On the Republican side, it is not subtle at all. They're saying liar, thief, you know, all these other kinds of strident things. Do the voters, in your estimation since you're out on the trail so often Brianna, do they hear the subtleties and keep note when it comes to time to make their choices?

KEILAR: : You know, I think they do, especially when you're talking about a state that is really paying attention to what the candidates are saying right now. A lot of people don't even turn their attention, though, until it's about time for them to vote. So even looking forward South Carolina and Nevada, I think voters there aren't quite as zoned in as folks in New Hampshire are.

They really are. I mean, this is a place that sort of they breathe politics and they're used to meeting these candidates face to face. A lot of times they'll say, you know, I really want to meet them and I want to hear what they have to say. And I think they do make the distinctions.

[12:45:07] There's also something more broadly, though, and I think we saw this in the entrance polls coming out of Iowa. They want some of that authenticity.

And I think certainly some of the trustworthiness and they have their doubts about Hillary Clinton, so a lot of people are trying to actually, you know, meet her or meet Bernie Sanders and really judge for themselves in a way that is, you know, maybe a luxury for people all over the country but sort of just part of the regular political process here in New Hampshire.

BANFIELD: Sure is fun. You have a great assignment and at the Old Opera House, too, which is a wonderful spot. Brianna Keilar, thanks so much. Appreciate it.

Be sure tonight, guys, to tune in 9:00 p.m. when the Democratic candidates, all two of them are going to go face to face with New Hampshire voters. A Democratic presidential town hall in Derry, New Hampshire. Anderson Cooper will moderate. Anything can happen. It's live and those mikes handed out to real voters tonight 9:00 Eastern only on CNN. And any moment, I also want to remind you that President Obama is set to give a speech at the Islamic Society of Baltimore. This is a live picture from inside the event right now. The speech is important because it marks the first time that President Obama has visited a mosque inside the United States during his entire presidency.

So we're going to bring that to you live to hear some of his messaging when that happens. And we are back right after this.

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[12:50:42] Another big story today for us on "Legal View. "Bill Cosby, he was in court for a second day in Pennsylvania because a judge has to decide if those sexual assault charges that he is facing right now might end up being tossed out completely. This case dates back to 2004, and an accuser named Andrea Constan. She claims that Cosby drugged her and sexually assaulted her in his home in Pennsylvania after he invited her there to talk about her professional future.

CNN legal analyst and defense attorney Joey Jackson joins me now. Joey, this is a really intriguing case because it is...

JOEY JACKSON, CNN LEGAL ANALYST: Without a doubt.

BANFIELD: ... so incredibly rare to see a prosecutor get up on the stand as a witness and actually be arguing about what another prosecutor wants to do. Can you give me the "Reader's Digest" version on what's going on?

JACKSON: OK, so let's take it from here. Cosby's team is asserting in the most vigorous way that the case needs to be dismissed. Why? Their assertion is there was a non-prosecution agreement, so in order to get at the heart of that, you would think, there might be a written instrument, a written document, which would suggest that the commonwealth cannot prosecute him. Ah, there in lies the rub. There is no such agreement. As a result of that, his former prosecutor...

BANFIELD: Hold on, there's no such agreement.

JACKSON: Written agreement.

BANFIELD: Yeah. This is where I have to ask.

JACKSON: Yes.

BANFIELD: I don't get what all these prosecutors are doing in their offices every day...

JACKSON: Yes.

BANFIELD: ... with all that paper that we see them carrying back and forth in giant briefcases...

JACKSON: Yes.

BANFIELD: ... but i understand it to be a kind of technical process. If you make an agreement with someone and say I will not prosecute you if you sit down and you give testimony under oath about an issue...

JACKSON: Then it should be in writing. That's your assertion.

BANFIELD: It should be in writing, but this prosecutor saying I just made the agreement. It binds us.

JACKSON: Right.

BANFIELD: None of my successors can do anything about that.

JACKSON: He felt that an agreement was not necessary under these circumstances. And so the next question becomes, well, why did you not prosecute Cosby. Why? Why didn't you do it? And I think he had some legitimate reasons. A, Ashleigh, he says she came -- that is miscontent (ph) a year later. And the significance of that is it denied him the ability to get the type of physical evidence that would be necessary if are you asserting you were drugged.

The next issue, not only did she come a year later, but he is then asserting there were inconsistencies in her statements. Like what? Like it happened in March of 2004 or it happened in January of 2004.

And, finally, the third issue that Mr. Caster, the former D.A., were concerned about was that there was some extortion going on...

BANFIELD: OK.

JACKSON: ... in that she contacted a civil attorney prior to moving forward criminally. Those are the concerns.

BANFIELD: I got one minute left. I have one minute left. I don't know if Jean Casarez...

JACKSON: Yeah.

BANFIELD: ... has been at the courthouse, but there is one thing that I saw that was so interesting. It catches your eye no matter what. When you see Bill Cosby walking into a courtroom holding on to two big men beside him and a cane...

JACKSON: Yeah.

BANFIELD: ... there's a lot to the optics. Twenty seconds left. But does it matter one hoot this situation?

JACKSON: Those optics will not matter. What will matter is what happened today very briefly, and that was his civil attorney saying there would be no way that there was a lack of an agreement in writing or not that I would have allowed him to sit for that deposition in the event that i knew he could be prosecuted.

Judge has a lot to decide. He'll be making a decision as early as today.

BANFIELD: OK, Joey, you'll have to stand by for all the other shows. We'll continue to cover it. Thank you so much. Appreciate it. JACKSON: Look forward to it.

BANFIELD: And thank you for watching, everybody. Nice to have you with us. I'm going to hand the baton over to my colleague Wolf Blitzer, who starts right after this break.

(BEGIN VIDEO CLIP)

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Victoria Maxwell knows what it's like to be called names. Because of that, this actress, who once worked with David Duchovny in "The X Files" was in denial for five years.

VICTORIA MAXWELL, ACTRESS: I was hearing things, seeing things, believing things that weren't there.

GUPTA: Victoria has bipolar disorder which can cause severe episodes of mania, depression even hallucinations.

MAXWELL: I ran down the street naked looking for God in a psychosis, and even that did not wake me up.

GUPTA: A nurse convinced her to seek therapy. It took two and a half years to find the right medication.

MAXWELL: There's a big stigma of being on psychiatric drugs, but somehow it's like because I can't cope, I'm on medication. And no, it's because I have certain kind of system, and in order to function really well, I need medicine.

GUPTA: In 2001, she saw a flyer for a disability festival and entered.

MAXWELL: Schizophrenic man attacks police. I mean, they never splash the headline diabetic man attacks police.

[12:55:15] GUPTA: For the past 15 years, Victoria has performed her critically acclaimed shows to help remove the stigma of mental illness. An illness she knows all too well.

MAXWELL: To me it's about rediscovering enjoying your life, and a lot of people don't ever find that chance even if they don't have a mental illness.

GUPTA: Dr. Sanjay Gupta, CNN, reporting.

(END VIDEO CLIP)

WOLF BLITZER, CNN HOST: Hello. I'm Wolf Blitzer. We want to welcome our viewers in the United States and around the world. Thanks very much for joining us.

We start with the historic event for President Obama for the first time in his seven years in office the president is now visiting a mosque inside the United States. It comes at a time when anti-Muslim sentiment is growing, religious tolerance, at least in some corners, is waning. President Obama arrived at the Islamic Society of Baltimore late this morning. He is now meeting with community leaders.

[13:00:16] He's expected to deliver formal remarks at any moment.