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Early Start with John Berman and Zoraida Sambolin

The Battle Over the Next Supreme Court Appointee; No Letup in Fighting in Syria; Winter Storm on the East Coast; Recap of the NBA All-Star Game. Aired 5-5:30a ET

Aired February 15, 2016 - 05:00   ET

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


[05:00:00]

MANU RAJU, CNN SENIOR POLITICAL REPORTER: 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 -- said 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're going to 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 the White House and you're are a Democrat, you know you have a very uphill battle to climb to get your nominee confirmed. Back to you, Miguel and Alison.

ALISON KOSIK, CNN ANCHOR: OK, Manu Raju. Thanks very much.

MIGUEL MARQUEZ, CNN ANCHOR: And now, to help us break down the political wildfire literally touched off by the death of Justice Scalia, we're joined by Daily Beast editor at large, Goldie Taylor. Good morning to you. Thank you for joining us so early.

KOSIK: Good morning.

GOLDIE TAYLOR, EDITOR AT LARGE, DAILY BEAST: Good morning. MARQUEZ: So what senators can they peel off? Does the president actually have a chance at this?

TAYLOR: Well, we're looking at U.S. senators who are sitting in swing states. They're, generally, yourmore moderate Republicans, like Kelly Ayotte. And so, we're looking at a situation where the president has to nominate someone. He can't defend an empty seat -- an empty seat in a court. But, he can defend a well-qualified individual that he nominates. And so, Republicans will have to, because of their base -- because of how their base feels about this appointment, how they feel about the supreme court, how they feel about this president, they have to balk on whoever the nominee is. I mean, pretty much, if he nominated Moses and he came down and split the waters, they would have to not confirm. And so, that has to happen for them. If it doesn't happen for them, then you see their nominee in trouble this fall.

MARQUEZ: Not even allow a vote?

TAYLOR: Not even allow a vote.

KOSIK: OK. And where we saw the candidates dig in to this. I mean, already those battle lines are being drawn. We saw Trump and Cruz during the debate over the weekend get in to. Let's first go to that soundbite and we'll get your reaction.

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DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: I think it's up to Mitch McConnell and everybody else to stop it. It is 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-TX), 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. 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 push him. He, twice, approved Obamacare.

DICKERSON: All right, gentlemen.

(END VIDEOTAPE)

KOSIK: OK, this is just a taste -- a taste of how down and dirty this is going to get. This is just the tip of the iceberg, isn't it?

TAYLOR: This was just hours after the passing of Justice Scalia. And so, if they're going to act this way in just the hours before the proverbial body is cold, then what are they going to do when this race really gets into full stride. And Super Tuesday is on its way in just a couple of weeks, and so it's going to get really rough out there.

MARQUEZ: Mitch McConnell has all the power just to not schedule a vote on this.

TAYLOR: Sure.

MARQUEZ: But if President Obama named somebody like the attorney general who was just confirmed by the Senate, Loretta Lynch, that could truly embarrass Republicans in a presidential year like this. Yes?

TAYLOR: Well, they stalled the Loretta Lynch confirmation for months to attorney general. They would never allow her to be confirmed as a Supreme Court justice.

MARQUEZ: Or, whoever. But, whoever he puts forward, I think -- it's that person he puts forward is going to be an interesting choice.

TAYLOR: Well, it's that toxic, yes. But, on the other hand, Republicans may cost themselves something. You know, the Supreme Court was always an issue in this election. The next president is going to, at least, replace two seats. And so, whether that's a Democrat or Republican, that's really on the table. But, at the end of the day, in this situation, if they do not confirm somebody -- if they hold this president up, it puts it front and center for Democratic voters, specifically African-American voters who support this president by a whopping 89 percent, it could really test the loyalty to this president among the Democratic base and turn them out. This could the reverse effect that I don't think they're looking for.

[05:05:00]

KOSIK: And, Cruz already threatening to filibuster any Obama nominee. Listen to what he said.

(BEGIN VIDEO PLAY)

GEORGE STEPHANOPOULOS, ABC NEWS: Does that mean that you're going to filibuster anyone that President Obama nominates?

CRUZ: Absolutely. This should be a decision for the people, George.

(END VIDEO PLAY)

KOSIK: And this is something he can do. Just like, you know, far chance from him doing this, but President Obama even could appoint a nominee during the recess, which Congress is in. It would be a temporary appointment, but outrageous things can be done.

TAYLOR: He could do a temporary recess appoint that would last to the end of the congressional term. However, that could backfire politically on this president. You know, the use of executive power, which the Republicans have talked about again and again. Ted Cruz is doing the right thing politically for him and his party in terms of blocking every nominee. We've only had congressional hearings on this since around 1925. But, funny thing is, Harry Reid changed the rule in 2013 to allow a simple majority filibuster and that's where we are, and so that's how Ted Cruz is going to get away with this.

MARQUEZ: That's an important point, but you could end up in a situation where the Democrats lose the election in November --

TAYLOR: That's right.

MARQUEZ: -- and the president replaces the Supreme Court.

TAYLOR: And you will get yourself a very, very conservative justice. And so, that's what's on the table this fall for Republicans and Democrats, alike.

KOSIK: And these issues are so important. We're talking everything from affirmative action to abortion to immigration. You name it, across the board. The one thing that can come out of this vacancy is the fact that if voters weren't interested in getting to thepolls before, this may actually draw more voters to come in because now this presidential vote has that much more impact on our daily lives.

TAYLOR: Sure. Well, that always was the math. It was always about who was going to get those next two or three Supreme Court nominees after this fall election. Now it is front and center. But, this term, you've got very important decisions coming up. You've got a major reproductive rights decision coming up in early March. That's again, so-called trap laws. You've got immigration on the table. You've got affirmative action on the table. Right now you've got some decisions that it sounds like Justice Scalia had already written before he passed away. And so, we're going to see how all of that plays out in this term with just eight justices. And you could see a split court on a number of decisions.

MARQUEZ: Very -- and most of those splitting -- breaking towardthe liberal side. Very quickly, on George W. Bush in South Carolina for his brother. Probably the only place that he can get out on the campaign trail, yes?

TAYLOR: Absolutely. That is absolutely right. But, you know, Jeb Bushneeds everything he can get right now in South Carolina. This could be his Waterloo. He's got South Carolina and Nevadacoming up in the next week to 10 days and it could be over after that. He may not make it to Super Tuesday. If he does, you know, only because he's got enough gas in the PAC account toget him from state to state. And so, it could be really, really tough for him going forward.

KOSIK: All right. Goldie Taylor, thanks so much for getting up so early with us. Great analysis. MARQUEZ: Thank you very much.

TAYLOR: Thank you guys for having me.

MARQUEZ: Go buy you a coffee.

KOSIK: Hear from the Republican candidates in the 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 in 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.

MARQUEZ: And, as a proposed truce looms in Syria, the violence escalates. CNN is taking you to the front lines of the battle coming up.

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[05:13:00]

MARQUEZ: There appears to be no letup 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 there, rebel forces in Syria claim 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 Arabiasends jets to the frontlines.

CNN's FrederikPleitgen has morefrom the ground in 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. 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 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: OK, thanks to Fred 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 claimed Spitzer was her boyfriend. She told them they had an argument that turned physical. The woman was also in the hospital the same night with self-inflicted cuts to her wrists. Eliot Spitzer has not been charged. A 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 have 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.

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 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. No flights were affected.

KOSIK: 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 sub-zero cold. Luckily, no one was injured. Officials at the White Mountains Resort say the problem was with the service brakes.

MARQUEZ: This is why I always bring a large bottle of Schnapps with me wherever I go on the skis, yes.

KOSIK: That, or a really tall ladder.

MARQUEZ: A tall ladder, or one of those dogs with the little thing -- the St. Bernard's, yes.

KOSIK: Yes, exactly, that brings you that liquor.

MARQUEZ: With the shaker from the cartoons.

KOSIK: Yes, exactly.

MARQUEZ: He pours it and then drinks it himself and leaves you for dead.

KOSIK: Bugs Bunny cartoons. Loved those.

MARQUEZ: A winter storm moving up the east coast threatening millions today and tomorrow. For the latest, let's bring in meteorologist PedramJavaheri. PEDRAMJAVAHERI, AMS METEOROLOGIST: Allison and Miguel, good morning guys. Yes, the cold air that really has filtered in place here is going to begin to moderate a little bit, but of course, about two dozen record temperatures set across the northeast saw temperatures as cold as 37 below across portions, of say, Watertown. But, still record temps across Binghamton and Worcester coming in at 16 below. Boston at minus 9. New York City made it down to its coldest day since 1994. And you take a look. About 70 million people underneath winter weather advisories and warnings that are in place right now. And the vast majority of it is going to be for some light snowshowers and certainly some freezing rain possible, as well. But, at this point, seeing some snow rolling in across Washington, Baltimore. Philly, and eventually New York gets in on this by the afternoon hours. But, notice the accumulation amounts in the light white to gray colors. That's 2 to 4 inches, favored with spots around, say, the great lakes could see upwards of a foot of snow over the next 24 to36 hours. But, the big story becomes the dramatic warming trend in your forecast. How about this? New York shoots up to 54 degrees after some snow showers today and in the mid-30's, and the long-range outlook for this Saturday until the following Wednesday. So, we are talking a six to 10 day outlook puts literally, the entire country above average in the temperature department, guys.

KOSIK: Yay. Warmer temps coming.

MARQUEZ: And rain. Whee.

KOSIK: That's OK, I'll take it. I'll take it.

MARQUEZ: Yes, we'll take the rain over the freezing cold.

KOSIK: All right. It was an all-star sendoff for Kobe Bryant. There were tribute videos, standing ovations, and the highest scoring game all-star game in NBA history. Coy Wire with this morning's bleacher report. That's next.

MARQUEZ: There he is.

KOSIK: Hey.

[05:18:30]

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[05:22:52]

MARQUEZ: Kobe Bryant playing his 18thand final -- is it true?

KOSIK: It's is true. I can't believe it. I know.

MARQUEZ: No. The NBA all-star game yesterday in Toronto.

KOSIK: Coy Wire has more on Kobe's send-off and the rest of the weekend festivities in this morning's bleacher report. Good morning, Coy. COY WIRE, CNN CORRESPONDENT: Good morning, Alison and Miguel. The NBA all-star game -- kind of like the pro bowl in football. Defense, really, is never an option, right? Well, that was the case yesterday. The West scored a record 196 points, and both teams combined for the most points ever. Last night, though, it was mainly the farewell to Kobe Bryant show. There were several tributes pre-game. Fans chanting Kobe's name all night. There was that trademark fade away "J", definitely the sentimental MVP of the game. The real MVP, my goodness, Russell Westbrook -- a dazzling display of dunking, dishing and dribbling, putting on 31 points on the night. Becoming the first player to win back-to-back MVP's in almost 60 years. The West wins 196-173. And, Kobe, happy to be a part of it.

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KOBE BRYANT, PROFESSIONAL BASKETBALL PLAYER: It was fun. I mean, I had a blast, you know. It was -- playing with those guys. And, you know, laughing and joking with them on the bench. Well, all those things were just going on. I had a great time.

(END VIDEO CLIP)

WIRE: How about Saturday's dunk contest? One word -- amazing. Defending champion Zach Lavine and Aaron Gordon put on an unbelievable show. People were saying this was the best contest that they've have seen since Michael Jordan and Dominique Wilkins back in 1988. How about that dunk right there by Gordon? He brought the ball under both of his legs. But in the end, it was that dunk, right there, from the foul line, between the legs, Zach Lavine. Judges can't believe it. He becomes the second two-year defending champ and comes back and wins it again this year. Now, as many expected, it came down to Golden State teammates Steph Curry and Klay Thompson in the final round of the three-point contest. Curry looked to have his second straight title all locked up, scoring on the evening a high 23 points. But then, Klay Thompson would top that scoring four more than his fellow splash brother. Bragging rights for at least for an entire year. He is your three-point champion.

Now, a rookie driver -- he's going to be on the pole position next Sunday for NASCAR's biggest race, the Daytona 500. Twenty-year-old Chase Elliott became the youngest driver ever to win the lead spot there. And, this is actually the second straight year that the number 24car has pole position. Last year, the legendary Jeff Gordon had the fastest qualifying time in his last Daytona 500. Two big pairs of shoes to fill there, guys, for Chase Elliot driving that 24 car for Hendrick and his dad, who's hall of famer awesome Bill from Dawsonville. Clearly his career is off to a good start, guys.

KOSIK: So young and so far.

MARQUEZ: Amazing. So young. I want to dunk --how can I dunk basketballs like that, Coy?

WIRE: You know, I tried with a trampoline and like three red bulls the other day, and I still couldn't get up like those guys. Incredible. MARQUEZ: Raising you up (ph).

WIRE: That's right.

MARQUEZ: You didn't break anything, for God's sakes.

KOSIK: I love that dunk contest. Awesome.

MARQUEZ: It's incredible. Senate Republicans and the president on a collision course over how to replace Justice Scalia. Will the Supreme Court vacancy sit open until next year? We have the latest coming up.

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