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Legal View with Ashleigh Banfield

Fight Is On For Delegates In New Hampshire; Final Stump Strategy; U.S. Olympic Athletes Might Skip Rio Olympic Games Due To Zika Virus. Aired 12:30-1p ET

Aired February 08, 2016 - 12:30   ET

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

[12:30:04] KAREN FINNEY, SENIOR ADVISER, HILLARY FOR AMERICA: The level of sexism that we have seen in some of the comments and just the attacks are disconcerting. I mean, we should be able to have a conversation and yes, to question a health care plan and say, look, the numbers don't add up. So what is your plan? Remember, he had been espousing a whole different plan. Then we get to a debate and all of a sudden, that night, an hour before it starts, right, it's OK, here's my new plan, and people didn't even have a chance to check the math on that first one. So I think it's a fair question to really push hard.

JOHN BERMAN, CNN ANCHOR: One more quick math question, then we've got to go. Trailing in the polls in New Hampshire, really, you know, for most of the time against Bernie Sanders.

FINNEY: Sure.

BERMAN: What's a good night for you?

FINNEY: A good night. Look, you know, I'm not going to make any predictions other than I think -- I hope we have a good night in that I hope our voters turn out. I hope we have, you know, great turnout in numbers. I think Hillary's been working really hard. As you pointed out, the family is all here. They're here to campaign all day. We'll be out -- they'll be out tomorrow.

And then, you know, hopefully we'll have a good night here in New Hampshire, and look, two things one, we know that the neighboring state senators, elected official always does well in New Hampshire. But look, this race then goes on to Nevada, in South Carolina, and those March dates. So we've got a long road ahead and we're going to keep fighting.

BERMAN: Karen Finney, great to have you here with us. Thanks so much.

FINNEY: Great to be with you.

BERMAN: Right. So Senator Bernie Sanders he just wrapped up a campaign event in Nashua, New Hampshire. He is going into the vote tomorrow as we said with a lead in the polls. He's also now facing the wrath of Bill Clinton really for the first time who's taking on Bernie Sanders directly.

Joining me from Cleveland, Ohio, is Nina Turner, she's a former Ohio state senator and a Bernie Sanders supporter. Senator, thank you very much for being with us. We've wee spoke in Iowa, it's nice to get chance to talk to you from New Hampshire, as well.

What about the Bernie Bros? What about these folks on Twitter who do say things that a lot of people find offense I've been hearing this for weeks. Now Tad Devine condemned to, Bernie Sanders himself has condemned it, but it is happening. What do you say about that?

NINA TURNER, FORMER OHIO STATE SENATOR: I mean he has condemned John. The senator has. He said he doesn't need those kinds of supporters. He does not want those kinds of supporters. Listen, both sides have trolls. And it's unfortunate. Neither candidate can control the trolls, they can just say when somebody goes too far -- any type of sexism, racism, ageism, all of those things are wrong. And I know that both Senator Sanders and the secretary would agree with that.

I myself and I heard my good friend Karen Finney talk about being attacked by the Bernie Bros. I, too, have been attacked, and others have been attacked too are supporting Senator Sanders. This is not a newsflash here that people can be anonymous online and say some pretty terrible, wrong, spiteful things. But no one on either campaign, I don't believe, would support any of that kind of extremism. It is wrong.

BERMAN: Yeah, newsflash, people can be jerks on Twitter, I can agree with that statement. You know, one thing we are hearing from the Clinton campaign but also from the press now, you know, these accounts of Bernie Sanders, and he's been a member of the senate for a long time. Being very active in Senate fund-raising. The DSCC, the Democratic Senate Campaign Committee going to big fund-raisers, big- money events where there are lobbyists, where there are representatives of Goldman Sachs giving money. You know, he goes to these fundraisers and then disingenuous for him on the campaign trail to be attacking people soliciting donations from the big banks.

TURNER: It's not John. You know, never let the truth get in the way of a good story. What Senator Sanders has been supportive of the Democratic Party. So if you check the record, he was at those events for the Democratic Party. So I find it slightly disingenuous that, one, folks would claim that he's not a strong Democrat, and on the other hand criticize him for helping the Democratic Party.

The bottom line is this that Senator Sanders himself in this presidential campaign, is people power funded. The average donation is $27. So when it comes to time to answering for a proposal for policy, for standing, he stands up and will have to answer to the people of there great country, and no other powerful interests. As you know John, he's really fighting against the system. He says it is rigged, and it is. We have a system especially under Citizens United where more money is speech. And that's not good for anybody, no matter what side of the political spectrum they are on. Everyday people's voices should be heard. And that's what the senator is doing. He is mirroring that through the donation that's he has received in this campaign.

BERMAN: Nina Turner, always great to talk to you. Thanks so much for being with us. Really appreciate it. Hope to see you maybe in South Carolina, Nevada.

And, you know, when Howard Dean would say beyond that even, too. All right, Nina thanks so much.

Ashleigh, back to you.

ASHLEIGH BANFIELD, CNN ANCHOR: All right, thank you very much John Berman. And remember, watch the New Hampshire primary coverage all day tomorrow night, its all day tomorrow right here on CNN, and of course the results will be coming in, in the evening.

[12:35:01] Coming up, Donald Trump is going to take to Twitter, of course, day after day. And lately, it's been to go after Jeb Bush. Trump joins Wolf Blitzer at the top of the hour.

What will it take for him to get his first win in this race? Or will he?

(COMMERCIAL BREAK)

BANFIELD: Taking a long time to get here. But finally, we are fewer than 12 hours away from the very first votes cast and counted in the nation's first presidential primary. Yes, we already had caucuses. But this is the first primary. And it counts, it matters, folks. Our latest poll of polls in New Hampshire shows Donald Trump is holding on to a commanding lead over everybody else.

[12:40:00] So look at everybody else. Marco Rubio, Ted Cruz, John Kasich, Jeb Bush. Yes, Jeb Bush all locked in a five-point range.

Even more remarkable, the majority of New Hampshire voter still have not settled on any of these candidates. This CNN/WMUR poll shows only 45 percent of GOP voters have made up their mind. Just 45 percent. And on the Democratic side, Bernie Sanders, maybe 14 points ahead of Hillary Clinton in our poll of polls. And six in ten Democratic voters say they know whom they plan to vote for. But that's six in ten. As it turns out, it takes more than just a little snow to keep New Hampshirites away from the polls which is good. Because a little snow is all they are expecting at this point with temperatures just below freezing.

No matter whether you saw Manu Raju at the top of the show or not covered in snow, it's not going to be as bad as a lot of people had thought. And may I remind you about those polls, they don't include Saturday, John. They don't include Saturday. And I just got such a feeling from Saturday's debate. Who knows if the poll numbers are completely different and in the works right now?

BERMAN: It is completely different. Remember 30 percent of people don't decide until they walk into the booth anyway. Don't pay attention to the polls. Ashleigh, thank you very much.

Want to talk more about these now with our political panel joining us is Ana Navarro, CNN Political Analyst and supporter of Jeb Bush, a friend of Marco Rubio. Scottie Nell Hughes, Chief Political Correspondent for USA radio networks and Trump supporter and Bakari Sellers, a CNN Political Commentator, a Hillary Clinton supporter, and former South Carolina state representative.

Thank you all for being with us. I'm going to take you out of your comfort zone. Ana Navarro, Jeb Bush supporter, Rubio friend.

ANA NAVARRO, CNN POLITICAL COMMENTATOR: That in itself is out of my comfort zone.

BERMAN: Let's talk Donald Trump. I want to talk Donald Trump because a lot gets lost when we talk about the race for second place here. The race for first place right now seems to be between Donald Trump and Donald Trump. He could emerge from New Hampshire with a win. Donald Trump could win the state of New Hampshire. I want you to talk about the significance of that and the consequences going forward in this Republican race.

NAVARRO: I think the significant of him winning New Hampshire is less now that he did not win Iowa. And, you know, whether he wins or not, we still don't know. I've been amazed by how wrong the polls have been. How wrong the polls were in Iowa. Even the "DMR," "The Des Moines Register" poll which is, you know, the gold standard of polls. So let's see if his very big crowds and rallies which is very successful in getting turn into voters on Tuesday.

BERMAN: But if he wins.

NAVARRO: If he wins, look, I think if he wins it's going give a lot people at a lot of angst. But there's a lot less angst than, you know, we were facing the thought of Donald Trump winning Iowa and New Hampshire and then being unstoppable. Right now, I think he's going to have to work a lot harder. Losing Iowa definitely had a effect and put a dent on his momentum.

BERMAN: So Scottie, I want you to talk about the other guys right now. Because leading into say Saturday, before the debate there was talk, well, Marco Rubio may be surging after New Hampshire, it may be down to three. You know, Donald Trump, Ted Cruz, and Marco Rubio.

Now, you know, we could be leaving New Hampshire not with a smaller field but a pretty big field going South Carolina. Who do you see emerging in the governor's pack plus Rubio and plus Cruz?

SCOTTIE NELL HUGHES, TRUMP SUPPORTER: Well, you know, you heard a lot of buzz right now about Kasich, and Kasich doing very well. Whether it be at a presidential -- even a vice president spot down the road. Kasich has been kind of the steady in his place. Chris Christie is a lot like Donald Trump, has the same fire, same passion. But the problem that all three governors have is they have a track record. And their track records are anything but conservative. So you can go in a debate say you consider and questioning senators, but time and time again, their records going to comes up.

BERMAN: The other problems that all three governors have, is that they are three governors.

BAKARI SELLERS, CNN POLITICAL COMMENTATOR: Yes, this for example.

BERMAN: And they have each other to worry about. So far they haven't gone after each other. Do think they need to? HUGHES: They're going to have to, they promise they all coming from three at the time. Very moderate Republican sates or moderate Republican governing of those states. You don't have an extreme conservative governor out of any of them. So, it's going to be how do you differentiate yourselves when your states actually kind have the same exact pattern?

BERMAN: All right, Bacarik Seller, South Carolina native. They're coming. They are all going to South Carolina after this. Say it is the bigger field. Say it is, you know, five candidates at least with a chance right now. What is that look like because there also 11 days which is, you know, like a million a half years in political life.

SELLERS: Well, that's probably 111 dirty tricks that are going to be played in South Carolina. You know, New Hampshire's a very clean state. The people of New Hampshire? Don't appreciate the tricks. I think that's why you see Ted Cruz loosing ground here in New Hampshire. But in South Carolina, you know, we can go back to the Atwater Days. I mean we can go back to the days Warren Tompkins and John McCain.

BERMAN: It works.

SELLERS: It works. And so, I think we're going to start seeing that uptick of games and gimmicks and tricks being played. Because you will have Jeb Bush, you will have Kasich, you will have Cruz, Rubio, and Trump coming. So it's going to be a lot of fun.

BERMAN: But, you know, Trump for all his talk, you know, Trump has sharp elbows and says things that upset a lot of people. But that's different from political dirty tricks.

SELLERS: That's right. This is not a board ...

BERMAN: This may not be something he's used to.

[12:45:00] SELLERS: This is not a boardroom. South Carolina's not boardroom. South Carolina is not a business deal. South Carolina is rough and tumble. It's not grass tops, its really grassroots. And so you're going to have to get out there and you're going to have to expect flyers on your car when you get out of church on Sunday saying something bad about you.

NAVARRO: That's happening even in Cleveland and New Hampshire now. But, you know, one of the interesting things to watch is, I agree with you that this field is now not going to whittle down the way we expected. But if Kasich and Christie do go on to South Carolina, and they do well enough to go on to South Carolina, one of the challenges that they face is that they really haven't put any seeds on the ground in South Carolina. Whereas Jeb Bush and Marco Rubio and Ted Cruz both -- all three have, you know, very active teams on the ground.

SELLER: Correct.

BERMAN: I actually want to shift gears a little bit to talk about why it's a more open race right now. Or why people consider the more open race right now and that's a debate. Saturday night it's Marco Rubio who went into the debate, and people critics or, you know, friends who can be critics like Anna Navarro, say it was not.

NAVARRO: Listen, the truth be told, you know, Jeb Bush had a very bad debate. And I've said so, too.

BERMAN: You did, and now you said before Jeb Bush ...

NAVARRO: I find it hard to lie on national T.V.

BERMAN: You thought that would be week debate other people did to and that may have opened the door to a lot of people. How long do you see this being an issue for Marco Rubio, and how much damage if it did do damage did it do Scottie?

HUGHES: Well, the key is about Republicans. As you don't want to shake their confidence. And up until now, Marco Rubio had fabulous debate nights. He had been strong. And when Chris Christie actually kind of called with games was and called him out on it. It shook the confidence of all of his supporters. I'm thinking, well maybe this was just that normal political line. If there's anything this campaign season has taught us, people don't like politicians. Even more than they don't like the media. And Rubio showed he was definitely a politician Saturday night.

BERMAN: So Bakari, are you Democrat, you're not a Republican. You don't vote in many Republican primaries in South Carolina.

SELLERS: I try not to make it a habit.

BERMAN: But you do have understanding of how the Republican electorate works. You know, and there are a lot of evangelical voters in South Carolina, but it's so broad in ways they don't vote as a block. It's pretty split up.

SELLERS: You have the widest swath of Republican voters in South Carolina. You have those transplants from Ohio that now live on the coast. You have the traditional evangelical voters around the Upstate. And you just have the fiscal conservatives, moderates around the middle part of the state.

So this is where you get to go in and figure out. I mean Ted Cruz has his base. As Anna said, Ted Cruz has done yeoman's work to build a network there. Kasich has actually built a network there which is surprising. He actually has a network there. Jeb Bush has the Lindsay Graham supporters. And so this is ...

BERMAN: Really big pro-military.

SELLERS: And it's a huge pro-military community. And I never thought I would defend Jeb Bush on national T.V.. But to say Jeb Bush is not a conservative ...

NAVARRO: Please do not defend Jeb Bush. We're on a roll we got (inaudible). Stop yourself.

SELLERS: But he is a conservative. I never he was John.

BERMAN: Bakari, Scottie, Anna great to have you with us. Thanks so much. You know after New Hampshire on to South Carolina, see you all there.

Ashleigh, back to you.

BANFIELD: John I still can't believe when we hear Scottie saying that, you know, voters have shown they don't like the media and they don't like politicians and the ratings have never been higher for everything that media and politician related.

BERMAN: They don't mean you and me. They like us.

BANFIELD: Thank you, guys. Appreciate it.

I got some other news for you. They spend years, months, countless hours preparing for the Olympics. And now because of the Zika virus, some American athletes are being told they've got the option to skip the games this year altogether. Will they? We're going to take you live to Rio next.

(COMMERCIAL BREAK)

[12:52:32] BANFIELD: U.S. olympic athletes have been given the green light by the United States Olympic committee to skip the olympic games in brazil this year over the threat that's being posed by the Zika virus. According to a report from Reuters, the message from the USOC, the Olympic committee, to the athletes was clear. If you are not comfortable going to Brazil, stay home.

The directive comes in the wake of Brazil being hit hard by the Zika virus outbreak which can cause birth defects and even death in newborns. How this impacts the United States' participation in the Olympics at this point is unclear.

CNN's Nick Paton Walsh is in Rio de Janeiro he's live. Nick, what's the latest?

NICK PATON WALSH, CNN SENIOR INTERNATIONAL CORRESPONDENT: Now Ashleigh, where you join me is a very fascinating place at the stage in the Zika outbreak. You know, if you saw just behind me over the fence there. Key part of olympic park here visible. That's where so many games will be occurring. But as has been the case in many cities where preparations have to be made for the olympics, a lot of life is being cleared out of the way to make space.

Now, you see there, see how stunning and beautiful it used to be. A quiet lake here. But these are the people who wanted to stay. They've been offered money to leave, they refused saying this is been their home for decades. They don't want to go anywhere. But now, there is a new hazard because some of the construction work

here, the demolishing of homes, has flat land that they say has got stagnant pools of water on it into which mosquitoes have in fact found homes. Now they have of course they say been offers to move them away. And in fact we're told that rubble was dumped in a previous pool of stagnant water. But this is the kind of example of the sort of problems that they're going to be facing ahead of the Olympics.

Any pool of stagnant water can be home to the mosquitoes who carry around the Zika virus. And this is just literally half a mile away from the Olympic parks key building where the sports will be occurring. An extraordinarily difficult task ahead of authorities here to explain to people why they should leave. They hold out. They don't want to go anywhere. This is their home, they say. And in fact one of the women living here has just given birth seven days ago to a little girl, Sophia, and she described, frankly, the relief of seeing that her child was well, was healthy. That the fact that she felt a fever while she was pregnant, had in fact meant she has Zika and her kids are now healthy.

[12:55:02] But right here, next to Olympic park and a seen where you see be a staggering beauty and where Brazil hopes it will give everyone shot of its Olympic dream. There are people living next to stagnant water who say they are deeply worried. Ashleigh.

BANFIELD: That is just so distressful. Nick Paton Walsh, thank you for that. We should remind you that what's happening here is that the Olympic committee is telling the sports federations, Francine (ph) with the head of U.S. fencing had said that he was on a conference call. And they were saying, you got to tell your athletes, this is going to be their choice.

But imagine if you're an athlete, you will contract the disease. It not going to necessarily affect you. But if are you pregnant or if you take the disease home and you spread it to others who are pregnant, Microcephaly (ph) extraordinarily serious could cause, you know, these birth defects and then also it can cause death and then it can cause the spread of this very, very terrifying virus, Zika. So we're going to continue to watch that.

Thanks everyone for staying for us.

Coming up next, Dana Bash is going to sit down with Jeb Bush to discuss the New Hampshire primary. Donald Trump is going to weigh in on his war of words with Jeb. And his chances in New Hampshire. He'll be on live with Wolf Blitzer right after this break. (COMMERCIAL BREAK)