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Early Start with John Berman and Zoraida Sambolin

Fight Over Replacing Justice Scalia; Rubio Tries to Recapture Mojo; Escalating Tensions in Syria; Pope Francis in Mexico. Aired 4:30-5a ET

Aired February 15, 2016 - 04:30   ET

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


[04:30:26] MIGUEL MARQUEZ, CNN ANCHOR: The death of Antonin Scalia, chaos, confusion and a major battle brewing over how and when the Supreme Court justice will be replaced.

Welcome back to EARLY START. I'm Miguel Marquez.

ALISON KOSIK, CNN ANCHOR: And I'm Alison Kosik. It's 30 minutes past the hour. Good morning.

And this morning the body of Supreme Court Justice Antonin Scalia is back home now in northern Virginia. This is his casket at the airport in west Texas. And that's where Scalia died during a hunting trip at an isolated resort. A source tells CNN there will be no autopsy. A decision made by Scalia's family and a Texas Justice of the Peace.

The "Washington Post" reports County Judge Cinderella Guevara pronounced Scalia dead over the phone after law enforcement officers assured Guevara there were no signs of foul play. And Scalia's doctor told her the 79-year-old jurist had several chronic conditions.

Meantime, Senate Republicans are calling for there to be no replacement nominated for Scalia until after the November elections. As CNN's Manu Raju tells us that's a demand the White House has no intention of honoring.

MANU RAJU, CNN SENIOR POLITICAL REPORTER: Good morning, Miguel and Alison. Now President Obama said that he would wait until next week, potentially, or maybe even after, to choose the replacement to Justice Scalia, but that doesn't mean that the battle lines aren't already being drawn, particularly in the United States Senate.

On Saturday night, Majority Leader Mitch McConnell, who sets the schedule and decides which nominees can be voted on and who will be confirmed, decided that the next president -- the next president should nominate the replacement, not the current president, and clearly the president -- the current president, President Obama, did not listen to Senator McConnell and is planning to move forward.

Now the big question for Mitch McConnell and the rest of the Republicans is, will they allow a vote on the floor of the Senate, and the Senate Judiciary Committee, to confirm or to deny the next Supreme Court justice? This is something that they have not fully decided yet, largely because Senator McConnell wants to take the temperature of his conference. Now you have various camps that are forming. You have Republicans who

are dead set against any nominee being confirmed right now. Then you have some moderates who are uncertain about what to do. Then you have probably the most influential group, members of the Senate Republican Conference, who are up for re-election in blue states and in purple states because at the end of the day those members, how they do will determine whether or not Republicans will stay in the majority next year.

Those folks will be targeted pretty aggressively by the Democrats, by the White House, by groups on both sides to vote the way that they want them to, so we'll see -- we'll watch them very closely, people in Ohio, senators from Ohio, Wisconsin, Illinois, Pennsylvania, New Hampshire and so forth. Those are the key to going forward, but right now, if you're in the White House and you're a Democrat, you know you have a very uphill battle to climb to get your nominee confirmed.

Back to you, Miguel and Alison.

MARQUEZ: Thanks to Manu Raju.

Scalia's death immediately thrust the issue of Supreme Court nominations into the heart of the presidential race. Just hours before Republicans took the stage to debate in South Carolina, who would get to choose Scalia's replacement and when was thing on the -- on the agenda. It became heated at moments.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: I think it's up to Mitch McConnell and everybody else to stop it. It's called delay, delay, delay.

JEB BUSH (R), PRESIDENTIAL CANDIDATE: There should be a consensus orientation on that nomination and there's no doubt in my mind that Barack Obama will not have a consensus pick when he submits that person to the Senate.

SEN. TED CRUZ (R), PRESIDENTIAL CANDIDATE: The next president is going to appoint one, two, three, four Supreme Court justices. If Donald Trump is president, he will appoint liberals.

TRUMP: Excuse me, excuse me.

CRUZ: If Donald Trump is president, your Second Amendment will go away.

TRUMP: Let me tell you, let me tell you.

JOHN DICKERSON, CBS POLITICAL DIRECTOR: Hold on.

(CROSSTALK)

CRUZ: You know how I know that?

TRUMP: Let me tell you. DICKERSON: Hold on, gentlemen, I'm going to turn this car around.

TRUMP: Ted Cruz wants John Roberts. Ted Cruz, with your brother, wanted John Roberts to be on the United States Supreme Court. They both pushed him. He, twice, approved Obamacare. Good going, man.

DICKERSON: All right, gentlemen.

(END VIDEO CLIP)

MARQUEZ: I'm not sure if that was a debate or a brawl. It was amazing.

Marco Rubio also having his say on the Supreme Court issue on a night that hopes -- that he hopes put the disastrous New Hampshire debate performance behind him.

CNN's Phil Mattingly has more on Rubio's effort to regain his campaign mojo.

PHIL MATTINGLY, CNN CORRESPONDENT: Good morning, Miguel and Alison.

Marco Rubio, one of the only candidates on the trail here on Sunday, just a little bit after that rousing debate that was equal parts brawl and exchange of ideas. Now Rubio's team thinking he did very well in that debate.

[04:35:03] That's no small thing in the wake of New Hampshire where a disappointing fifth place finish was due in part to a very poor debate performance.

Now the issue on the campaign trail on Sunday no different than the leading issue in that debate. Who will be the next Supreme Court justice and who will get that pick?

Here's what Rubio said in Easley, South Carolina.

(BEGIN VIDEO CLIP)

SEN. MARCO RUBIO (R), PRESIDENTIAL CANDIDATE: There is no way the Senate should confirm anyone that Barack Obama tries to appoint in his last year in office to a lifetime appointment. So the next president of the United States will fill that vacancy in a court right now that's evenly divided 4-4. Four people that understand their job, four people that do not.

(LAUGHTER)

RUBIO: And we're missing one.

(END VIDEO CLIP)

MATTINGLY: Rubio sounding just like the rest of the Republican senators in his conference, saying President Obama will get no chance to move his nominee, whoever that may be, through the United States Senate. Now Rubio has a very important week of campaigning ahead. A South

Carolina based campaign team. A lot of real pros according to South Carolina analysts down here. But still a lot of ground to make up. Donald Trump with double-digit leads, not only in South Carolina, but across the south. Rubio hoping to cut into that lead over the course of this week. A strong performance in South Carolina his team hopes will bolster his moves forward as his campaign moves along. Rubio trying to get back that momentum he had in the wake of that big Iowa finish.

Miguel and Alison, back to you.

KOSIK: And thanks to Phil Mattingly for that.

On the Democratic side, Hillary Clinton and Bernie Sanders, of course, taking the opposite stance. Urging a swift nomination by the president and an immediate confirmation vote by the Senate.

(BEGIN VIDEO CLIP)

HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: The president has the right and responsibility to nominate a new Supreme Court justice, which he has said he will do, and the United States Senate has the responsibility under our Constitution to act on the person that the president appoints.

SEN. BERNIE SANDERS (D), PRESIDENTIAL CANDIDATE: The Constitution is pretty clear, and that is, it is the job of the president of the United States to appoint, nominate members to the Supreme Court, and the Senate confirms.

President Obama, in my view, should make that nomination. I hope he does it as soon as possible and I hope that the Senate confirms and begins deliberations as soon as possible.

(END VIDEO CLIP)

KOSIK: Clinton is in Nevada for a rally today ahead of Saturday's Democratic caucuses. Sanders is in Michigan to meet with families affected by the Flint water crisis before heading to South Carolina this evening.

MARQUEZ: Happening today for the first time, Jeb Bush hits the campaign trail with his older brother, former president George W. Bush. Bush says appearing with his brother in South Carolina could help save his sputtering presidential campaign. He says George W. can vouch for his readiness to be commander-in-chief. George W. Bush left office with low approval ratings nationally, but he's still relatively popular in South Carolina.

Hear from Republican candidates in a unique two-night event on CNN this week, Wednesday and Thursday, at 8:00 p.m. each night. All six candidates for the very first time this campaign will answer questions from the voters of South Carolina in two live town halls moderated by Anderson Cooper. Ben Carson, Marco Rubio and Ted Cruz on Wednesday, followed by John

Kasich, Jeb Bush and Donald Trump on Thursday. All of them live beginning at 8:00 p.m. Wednesday and Thursday right here on CNN.

KOSIK: Arizona Senator John McCain says he is prepared to subpoena 10 U.S. sailors to testify about their detention by Iran last month if the White House keeps dragging its feet on the investigation. The sailors were held after two patrol boats straight into Iranian waters. They were released after Secretary of State Kerry intervened. McCain says he's been told the sailors are still being debriefed. He is giving the administration until March 1st to release the findings of its investigation.

MARQUEZ: Now meantime Iran is celebrating its first export of crude oil to Europe since the landmark nuclear deal. The shipment was the first in five years and officials say it marks a new chapter for Iran's oil industry. Tehran plans to add a million barrels to its oil production following implementation of the agreement which lifted international sanctions in exchange for Iran restricting nuclear activities.

KOSIK: Time for an EARLY START on your money. Happy Presidents' Day. U.S. markets are closed for the holiday. Wall Street had a great day on Friday. The Dow snapped its five-day losing streak. Jumping 314 points. It was the stock markets' second best day of what has been a terrible 2016.

The Dow is now down, get this, 1,451 points for the year. We're only in February, folks. So how have stocked fared so far for the year? We look at the averages, the indices, the Dow and the S&P 500, both down more than 8 percent. And the Nasdaq down more than 13 percent. And also the Nasdaq is flirting with bear market territory.

[04:40:05] The terrible year for stocks has been underpinned by worries that a slowing global economy could sink the U.S. into a recession.

As a proposed truce looms in Syria, the violence escalates. CNN is taking you to the frontlines of the battle next.

(COMMERCIAL BREAK)

MARQUEZ: There appears to be no let up in the fighting in Syria despite plans for a ceasefire set to begin on Friday. While the U.S. and Russia brokered a truce agreement in the hopes of containing hostilities, rebel forces in Syria claimed it's Russian airstrikes that are ramping up the bloodshed. This comes as neighboring countries are starting to flex their military muscle. Turkish forces are going after the Kurds as Saudi Arabia sends jets to the frontlines.

CNN's Frederik Pleitgen has more from the ground in eastern Syria.

FREDERIK PLEITGEN, CNN SENIOR INTERNATIONAL CORRESPONDENT: Good morning, Miguel and Alison. Yes, we went to the eastern Syrian desert where we got exclusive access to Bashar al-Assad's frontline with ISIS. There's massive Syrian government military positions there, including tanks, artillery and armored personnel carriers.

I actually managed to speak to the commanding general of that region, and he says that recently the Syrian military has been able to make gains. And they say, in large part, that is thanks to Russian air power, not just because the Russians are conducting airstrikes, but also because of aerial surveillance that the Russians are giving to the Syrian army which makes it easier for them to target ISIS positions.

[04:45:10] Meanwhile, though, the Syrian conflict is escalating on various other fronts, as well. In the north of the country, Syrian government forces have also made gains against the rebels, but also Kurdish forces are attacking Rebels as well. That's causing a lot of anger in Turkey. And so Turkey itself has shelled Kurdish positions inside Syria.

All of this as the U.S. clings to and tries to make a peace plan work that would see a cease-fire here in this country in the next couple of days. But again, at this point in time, it appears as though here in Syria the violence, if anything, is escalating -- Miguel and Alison.

KOSIK: Hey, thanks to Frederik Pleitgen for that.

New York City Police are investigating Eliot Spitzer's alleged involvement in an assault at a Manhattan hotel. Two law enforcement sources briefed on the matter tell CNN a 25-year-old woman claims the former New York governor choked her inside a hotel room this weekend. They say the unidentified woman claims Spitzer was her boyfriend. She told them they had an argument that turned physical.

The woman was also hospitalized the same night with self-inflicted cuts to her wrist. Eliot Spitzer has not been charged. The spokesperson denies the assault allegation. Spitzer resigned as governor in 2008 in the wake of a prostitution scandal and later hosted a show on CNN.

MARQUEZ: Now Michigan Governor Rick Snyder asking the federal government to expand Medicaid coverage to include pregnant women and people under 21 who've been exposed to Flint's lead-contaminated water. The governor says some 15,000 Flint residents would benefit if the request is approved. He says the state would help by lining up doctors, behavioral health specialists and providing other needed services.

KOSIK: The FBI is investigating a bomb that was found at a rental car facility at the Albuquerque Airport. Authorities say a credible explosive device was discovered Sunday attached to an Avis car that had been rented elsewhere and then dropped off at the airport in Albuquerque. A police bomb squad was able to disarm the device. The rental car center is not attached to the main terminal and no flights were affected.

MARQUEZ: Who knew, Albuquerque.

Some scary moments for dozens of people who were stuck on a ski lift at a resort in New Hampshire. Crews rescued 48 people from two tram cars that became stuck on Sunday, some 40 feet off the ground in extraordinarily cold temperatures. No one was injured. Officials at the White Mountains Resort say the problem was with the service brakes.

KOSIK: You know, forget about the freezing cold temperatures those people were sitting in. If I was up that high and had to look down.

MARQUEZ: Yes. There's enough of them in there they could stay warm, I think.

KOSIK: No, it's the height. It's the height of that.

MARQUEZ: The height of that.

KOSIK: Yes. Just wondering, am I ever going to get down?

MARQUEZ: You could stay in the middle. They put you in the middle.

KOSIK: OK.

MARQUEZ: If you have --

KOSIK: I'll remember that if I get stuck ever.

Winter storm moving up the East Coast threatening millions today and tomorrow. For the latest, let's bring in meteorologist Pedram Javaheri. Good morning.

PEDRAM JAVAHERI, AMS METEOROLOGIST: Good morning, Alison and Miguel.

(WEATHER REPORT)

KOSIK: OK, Pedram, thanks for that.

And you said you saw "The Revenant," right?

MARQUEZ: I did. It's --

KOSIK: OK. Were you exhausted from seeing it? I understand it's one long action scene?

MARQUEZ: It's a lot of action. I would not have done very well in those days given what I saw.

KOSIK: Well, guess what, it's taking top honors Sunday at the BAFTAS. The British equivalent of the Academy Awards. The frontier epic winning five awards in all including Best Picture, Best Director and Best Actor for its star, Leonardo DiCaprio.

The "Revenant" now emerging as the frontrunner for the big prize at the Oscars. The other big winners at the BAFTAS, Brie Larson, Best Actress for "Room," and Kate Winslet as Supporting Actress for her role in "Steve Jobs."

BAFTAS has been pretty reliable as an Oscar predictor picking the Best Picture winner six of the last seven years. Missing only last year when it went for "Boyhood," one of my favorites.

[04:50:03] MARQUEZ: I say the "Revenant" wins big. It is shocking. That bear scene? Still scares me. Unbelievable.

(LAUGHTER)

KOSIK: All right. Kanye West dropping a new album and announcing he's millions of dollars in debt. So we're going to get an EARLY START on your money next.

MARQUEZ: And his money.

KOSIK: And his -- I don't know how that happened.

(COMMERCIAL BREAK)

MARQUEZ: Pope Francis traveling to Mexico's poorest state today in an effort to reach out to indigenous communities there. The pontiff taking on government, business and religious leaders during his six- day trip to Mexico.

CNN's Shasta Darlington has the latest on the pontiff's visit -- Shasta.

SHASTA DARLINGTON, CNN INTERNATIONAL CORRESPONDENT: Good morning, Miguel. Good morning, Alison.

Pope Francis helicoptered into one of the most dangerous places in Mexico on his second full day. Ecatepec, a sprawling suburb just outside of Mexico City, notorious for its poverty and for its violence. In fact, the pontiff's decision to visit there ruffled more than a few official feathers. There was pure joy, however, for the hundreds of thousands who turned out to try and just catch a glimpse of the pontiff as he drove by on his way to mass.

The mass itself was surprisingly critical. Pope Francis lashed out at what he called the temptations of wealth, power and fame, and during the Angelus, he was even more direct. He told Mexicans they need to build a community that provides opportunity rather than a country that destroys young people. Listen to this.

(BEGIN VIDEO CLIP)

POPE FRANCIS, CATHOLIC CHURCH LEADER (Through Translator): I want to invite today, again, to be on the frontline, to be the first in all the initiatives which help make this blessed land of Mexico a land of opportunities where there will be no need to immigrant in order to dream, no need to be exploited in order to work.

(END VIDEO CLIP)

[04:55:08] DARLINGTON: Back in Mexico City, Pope Francis visited a children's hospital. Many of the patients, young victims of cancer, and there were touching moments. For example, when he gave a rosary to one young boy and asked him to pray for him, to another he administered his medicine, a young girl singing, "Ave Maria." Now he's headed off to Chiapas on Monday, Mexico's poorest state, also

the main entry point for Central American migrants, thousands of them, trying to reach the United States.

Back to you, Miguel, Alison.

KOSIK: OK, Shasta. Thanks for that.

And Brazil recruiting the public to help curb the spread of the Zika virus. The "New York Times" reports Brazil's military began handing out flyers over the weekend. It's part of a new campaign called Zika Zero. Leaflets urged residents to inspect their homes, to eliminate mosquito breeding spots. Zika is now present in two dozen countries, in the Caribbean and Latin America. The virus is believed to be linked to a surge of infants born with brain damage.

MARQUEZ: Now four people are under arrest following one of the biggest drug busts in Australia's history. Authorities found liquid crystal meth also called "ice" in a shipment of silicone bra inserts and art supplies. They say the net worth $1 billion Australian, that's about $700 million here in the U.S. Three Hong Kong nationals and one Chinese national have been charged in the case. Amazing.

KOSIK: Interesting place to hide it.

MARQUEZ: Yes. Yes. Who knew.

KOSIK: Let's get an EARLY START your money. Happy Presidents' Day. U.S. markets are closed for the holiday. Wall Street, though, had a great day on Friday. The Dow snapped its five-day losing streak, jumping 314 points. And oil, yes, that was the culprit behind the rebound. Prices jumped 12 percent Friday to more than $29 a barrel. That is the biggest one-day spike since February 2009.

All right. Let's take a quick look at markets around the world. Chinese markets, they are open again for business after the weeklong holiday for the Lunar New Year. The European markets are mostly higher at the moment.

All right. This is a head scratcher. Kanye West says he is $53 million in debt. As West waited to take the stage on "Saturday Night Live," he tweeted this. "I write this to you, my brothers. While still $53 million in personal debt, please pray we overcome. This is my true heart."

Now at first it was unclear whether the rapper was joking. Reports say West has been using his own money to fund his latest clothing collection and his seventh studio album, "The Life of Pablo" which debuted only days ago. West was back at it on Twitter saying Facebook co- founder Mark Zuckerberg should invest $1 billion in his ideas.

Think he'll do it?

MARQUEZ: Is that a good investment? I don't know.

KOSIK: I don't know at this point. MARQUEZ: My goodness.

KOSIK: "Deadpool" may be an unlikely hero but he had a great day at the box office this weekend. "Deadpool" had the biggest opening ever for an R-rated film. Raking in about $135 million. That title formerly belonged to "The Matrix Reloaded." "Deadpool" surprised Hollywood, more than doubling its initial box office forecast and the raunchy sarcastic hero isn't going anywhere. Guess what? Yes, a sequel already in the works.

MARQUEZ: No. Wow. I'm shocked.

KOSIK: Shocked.

MARQUEZ: Yes. No. That's amazing.

EARLY START, guess what, it continues right now.

Republicans dig in for a fight over replacing Justice Antonin Scalia. New details this morning on the Supreme Court justice's death and the battle over whether President Obama will be able to name his replacement.

Good morning and welcome. This is EARLY START. I'm Miguel Marquez.

KOSIK: And good morning. I'm Alison Kosik. It is Monday, February 15th. It's 5:00 a.m. in the East.

And this morning, the body of Supreme Court Justice Antonin Scalia is back home now in northern Virginia. This -- you're looking at his casket at the airport in west Texas. That's where Scalia died during a hunting trip at an isolated resort. A source tells CNN there will be no autopsy. A decision made by Scalia's family and a Texas Justice of the Peace.

The "Washington Post" reports County Judge Cinderella Guevara pronounced Scalia dead over the phone after law enforcement officers assured Guevara there were no signs of foul play. And Scalia's doctor told her the 79-year-old jurist had several chronic conditions.

Meantime, Senate Republicans are calling for there to be no replacement nominated for Scalia until after the November elections. As CNN's Manu Raju tells us that's a demand the White House has no intention of honoring.

MANU RAJU, CNN SENIOR POLITICAL REPORTER: Good morning, Miguel and Alison. Now President Obama said that he would wait until next week, potentially, or maybe even after, to choose the replacement to Justice Scalia, but that doesn't mean that the battle lines aren't already being drawn, particularly in the United States Senate.

On Saturday night, Majority Leader Mitch McConnell, who sets the schedule and decides which nominees can be voted on and who will be confirmed, decided that the next president -- the next president should nominate the replacement.