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Legal View with Ashleigh Banfield

Donald Trump Staffers Meet with Capitol Hill Lawmakers; Clinton and Sanders to Debate Before Crucial New York Primary; Corey Lewandowski Not to Be Prosecuted. Aired 12:30-1p ET

Aired April 14, 2016 - 12:30   ET

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

[12:30:01] DONNA BRAZILE, CNN POLITICAL COMMENTATOR: So I take personal pride in that. But more importantly, what secretary Clinton is trying to do is to drive turnout. You want to know what you can find black women on a Sunday and this is not a stereotype. You can find us in church. On Saturday we get our hair done and go back to work on Monday.

So she is doing what I think it takes to get not just strong support of African-Americans and Hispanics and others, but to also remind them, that she has strong faithful roots and she wants to be able to remind people of the work she's done for Civil Rights and Equal Rights across the country.

JOHN BERMAN, CNN ANCHOR: Donna Brazile, great to have you here with us.

BRAZILE: Always.

BERMAN: Thanks so much.

KATE BOLDUAN, CNN ANCHOR: Thanks, Donna.

BERMAN: All right, what is Donald Trump in his campaign, what are they up to today? Well, he's got staffers up on Capitol Hill behind closed doors with lawmakers. We're going to hear from one of those people just briefed by the Trump campaign. What are they saying, and when are they saying they will lock up the nomination?

(COMMERCIAL BREAK)

[12:35:33] BERMAN: We are live at the Brooklyn Navy yard. Site of tonight's Democratic debate between Hillary Clinton and Bernie Sanders. There is a Republican race going on, as well. And just a short time ago, we got word that members of Donald Trump's campaign team went to Capitol Hill to meet behind closed doors with House Republicans trying to smooth over relations there. Maybe lay out a path to victory for Donald Trump.

CNN's Senior Political reporter, Manu Raju on Capitol Hill. Manu, what happened up there?

MANU RAJU, CNN SENIOR POLITICAL REPORTER: Well hey, John, this is actually the first and beginning of a series of weekly meetings to the Trump campaign is going to have with Capitol Hill. And it's wise to broaden it support from members of Congress and also tap into that institutional knowledge that lawmakers have of their own districts as they try to reach out to voters in these upcoming primary states.

Today's was a lot about reassuring supporters that Donald Trump can actually win this nomination before the convention Ed Brookover, the Senior Campaign aide who led the committee, who led this meeting today was very, very bullish about his campaign's chances.

(BEGIN VIDEO CLIP)

ED BROOKOVER: The hard number is 1237. But -- and then we think we're going to blow way past that.

REP. CHRIS COLLINS, (R) NEW YORK. We've talked about 1237. And I can tell you we got to 1265 in a conservative way.

(END VIDEO CLIP)

RAJU: The last comment from Chris Collins the New York congressman was actually leading this effort on Capitol Hill. He thinks -- he said the Trump campaign believes on Tuesday that they will win 85 of the 95 delegates in New York. But Collin said actually he thinks they'll win 95 of the 95 delegates.

Brookover also said their on a glide path to the nomination before contested convention. I tried to push him, what would happen if you do get to a contested convention. You didn't want to even address that. It really shows guys that if do end up in a situation where they do not lock up this nomination before Cleveland, how difficult it will be to win the nomination, possibly on the second ballot, so they want to make sure it is locked up in June in big California primary. Which we'll all be talking about in a few weeks.

BOLDUAN: Talk about setting expectations. We've got it all. We're going to get it all. Manu Raju. Great to see you. Manu. Thank you so much. Those meetings will continue.

So as we've been talking about Donald Trump, when talking about this delegate fight, he insists the system is rigged against him. He has also said the head of the RNC should be ashamed of himself for how this delegate fight is playing out state by state. But the RNC Chairman, Reince Priebus, he insists the process is fair. Listen.

(BEGIN VIDEO CLIP)

REINCE PREIBUS, RNC CHAIRMAN: Look, the rules are there. I know people get frustrated and they're disappointed when things don't go exactly the right way. I think when people are frustrated and upset, they say things they regret. But certainly one things that's true, is that the rules are not being changed in order to injure or benefit anybody. They are what they are. They're in writing. They're available to anyone that wants to participate. And actually, state by state, they're not all that complicated.

(END VIDEO CLIP) BOLDUAN: And so you see right there, Reince Priebus and right here with us is RNC National Spokeswoman Lindsey Walters. She's going it now.

LINDSEY WALTERS, RNC NATIONAL SPOKESWOMAN: Thank you.

BOLDUAN: So you heard from Reince, clearly trying to take the temperature down on this back and forth with Donald Trump. Over this delegate fight. But Donald Trump says -- said he should be ashamed of himself. And Reince Priebus in a Tweet said, give me a break. Reince Priebus is engaging. He engaged in this battle. Why is he?

WALTERS: You know, I think you're looking right now -- you have a candidate who's attacking the process and these rules were outlined back in October. They are submitted to the RNC and made available to all of the campaigns and candidates.

And this is a huge organizational process and it's up to the campaigns and the candidates to ensure that they understand how that process works. And for them to turn around and point blame, you know, everyone needs to understand this process. It's been well aware to them. And nothing has changed and nothing is new. And it's on the campaigns to understand that. And if you don't, it's bad on your staff and bad on the campaign that you didn't understand the rules.

BOLDUAN: So internally, are you just flabbergasted anyone would question it? I mean, what's the conversation going on within your staff?

WALTERS: Our understanding with the RNC, we don't set the rules. The delegate process rules are set by the state party. So each individual state determines what their rules are going to be and then they put them forth. So this is up to the states, not the RNC.

BERMAN: Can I ask about part of the process we haven't discussed much but I find fascinating? Usually when someone wraps up the nomination, they plan the convention. It's their convention, they set it up, the schedule, the RNC is involved as well, the convention staff as well.

[12:40:05] But it's a campaign operation. If there's no campaign that's at 1237, what's that going to be like? Who is going to plan the convention? Who decides what happens on what night? Who decides who speaks when and where?

WALTERS: There's a convention committee in place as there is every time we have a convention. And right now we're preparing for two possible scenarios. We have two candidates who could mathematically get to 1237 or we end up in an open convention. But whether the reality is an open convention or we do have presumptive nominee going into Cleveland, we are preparing for all these scenarios and there is a team in place who will ensure this process moves smoothly and we come out of Cleveland, united behind the candidate.

BERMAN: Good luck. Lindsey Walters.

BOLDUAN: That process working overtime right now. Lindsey, thank you so much.

WALTERS: Thank you having for me.

BOLDUAN: We appreciate it.

BERMAN: Right, tonight's debate it could be crucial for either Hillary Clinton or Bernie Sanders. Most likely, crucial for both. With just days until the critical New York primary. What do they need to say? What's the last-minute pitch that will make the difference? That's next.

BOLDUAN: You're betting.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Oh gosh, New York has been cold this week, hasn't it? In fact, my head is getting a little chilly. I'd better put on my favorite hat that I've worn so many times over the years. Here we go. That will keep me warm while I eat my favorite dinner, a classic New York City street hot dog. What a delicious real bite that was. And for dessert, all you New Yorkers know that I am just nuts for nuts.

[12:45:06] There's my alarm. Time to turn my hat around. There we go. Ah, God I love those New York meats.

(END VIDEO CLIP)

BERMAN: Ah, that is one way, perhaps, to win the New York vote. If you're not going to go down that path, what do the Democratic candidates need to do to win tonight's debate and win in the primary on Tuesday? Let's discuss with Robert Zimmerman, his a Democratic Strategist and a Clinton campaign supporter, and Jonathan Tasini, he is the supporter of Bernie Sanders and the author of "The essential Bernie Sanders and his vision for America." Gentlemen, I want to keep this simple.

ROBERT ZIMMERMAN, DEMOCRATIC STRATEGIST: Good to be with you.

BERMAN: Tell me one single thing that each your candidate can do to win this debate tonight. Robert.

ZIMMERMAN: Hillary Clinton has got to mobilize Democrats to focus on the real agenda here, which is beating Donald Trump or Ted Cruz, and making sure Democrats don't get caught up in all the side shows. Don't get on all the personal attacks she has to face. But focus on really what's at stake. That's what mobilizes Democrats. That's what mobilizes New Yorkers and that's why I think she'll win.

JONATHAN TASINI, AUTHOR, "THE ESSENTIAL BERNIE SANDERS AND HIS VISION FOR AMERICA: I never worry about Bernie Sanders going into debates, because he is very consistent about what he talks about. Inequality, the billionaires taking over our election process, and I think the more he talks about that, the more he gets exposes that, those issues, and the fact that he wants a political revolution. He does very well in the debates. I think he's going to stick to that.

BOLDUAN: In sticking to that, though, what is the tone going to be like? I mean, you know, you can either go on offense or defense tonight. Those are really the two options. You need to pick one. If you try both, it will end poorly.

ZIMMERMAN: The reality is, when Bernie Sanders began this campaign, he was focusing on issues and I think that was important and helpful to elevate the Democratic Party and engage supporters. But unfortunately, as his campaign has progressed and he sees Hillary Clinton winning the popular vote by 2.4 million, winning the elected delegates, he's started to attack her character, started to attack her personally and I think that's diminished his candidacy and diminished his message.

BERMAN: Jonathan.

TASINI: Well, I disagree slightly with my friend Robert. I think that what has happened is, as often happens in primaries, it gets intense because people are competing for different visions. Bernie wants to change the party. It is about the soul of the party. He wants to have a political revolution that's about taking on the big banks, taking on the billionaires. Hillary Clinton represents the status quo, moderate Democratic Party.

BOLDUAN: Right. So is it bad if it gets -- intense. If it even goes negative tonight? Why not ...

ZIMMERMAN: I f you think Hillary Clinton represents the status quo, I've got a bridge in Brooklyn I can get you a good deal on.

BERMAN: I think this ...

(CROSSTALK)

ZIMMERMAN: I'll take it. Going from Manhattan to Brooklyn.

BERMAN: When you actually get money from Goldman Sachs, when you get huge amounts of money from the coal, gas and industry ...

TASINI: But to say -- let me, finish. That's the status quo. That's exactly the status quo that Bernie wants to stop. Because he thinks that's buying our democracy, it's taking away the rights of individual people to have a voice in the American political process. That's what he said from the beginning of the campaign. And I think he's going to continue with that line tonight and do very well.

ZIMMERMAN: But the problem is he they start making those kinds of false charges. When, in fact, I think Bernie Sanders got a coveted three Pinocchios from the "Washington Post" fact checker but making the claim that she was receiving money from the oil and gas."

TASINI: Well, there are three.

ZIMMERMAN: And the point when you start making those kinds of false charges, you lose sight of the real issues that Democrats have to focus on if we're going to beat the Republicans ... BERMAN: It's a teaser, it's an appetizer. Let's leave it there. Leave us from watching more.

BOLDUAN: I love appetizers.

BERMAN: Appetizers the ice.

ZIMMERMAN: And I'll get you the Brooklyn Bridge.

BERMAN: Well have the survey. They will see Bernie Sanders and Hillary Clinton tonight.

BOLDUAN: Probably cleanser.

BERMAN: At 9:00 p.m. eastern time. Robert Zimmerman and Jonathan Tisini, thanks so much for coming. Appreciate it,

ZIMMERMAN: Thanks so much.

BOLDUAN: Thank you guys we appreciate it.

In a short time from now, a very big announcement coming -- very big announcement for Trump's campaign manager. Sources say the Florida State attorney will not move forward with charges against Corey Lewandowski.

[12:48:49] How the reporter at the center of this case is reacting this morning. That's next

(COMMERCIAL BREAK)

BERMAN: Just about one hour from now, a county prosecutor in Florida will hold a news conference regarding Donald Trump's campaign manager, Corey Lewandowski.

BOLDUAN: Now sources familiar with the case say Lewandowski will not be prosecuted for battery after this incident with former Breitbart reporter, Michelle Fields. Fields said Lewandowski grabbed her yank her away from Trump as she was trying to Trump a asking some question. Now what does this all mean.

Let's bring in CNN Legal Analyst defense attorney Danny Cevallos. He's here with us. So Danny, you are not surprised that they are not going to be moving ahead with this, why?

DANNY CEVALLOS, CNN LEGAL ANALYST: Not at all surprised. Even though the elements of a battery were probably met under the Florida statute, which really only requires an intentional touching without consent, the reality is, once you step away from the law books, is that this is not the kind of case that a prosecutor in Florida or anywhere else is going to be interested in taking to trial.

There was, as -- this is unusual in the sense that there was a ton of evidence. There's video evidence, audio evidence, there is witness testimony. And you usually don't have that in the typical battery case which is often he said, he said, or he said, she said. But that being said when you look at this evidence, a Florida prosecutor, like anywhere else, has much more serious battery cases on their play. And in the spectrum of batteries that criminal defense attorneys and prosecutors see, this is simply on the lowest end of that spectrum?

BERMAN: What about a possible civil case for Michelle Fields, maybe, you know, a defamation suit or something?

CEVALLOS: Again, technically where there is civil battery. And technically, it almost the same thing an intentional touching without consent. But the real question is, personal injury cases, tort cases, are driven by damages. What are her damages?

Now, a creative person could say, well, maybe she lost her job. Maybe this, maybe that. But as an attorney, a law firm, somebody else, are they going to invest their resources in a case like this, where the damages are simply that I was touched and it was without my consent? You have no medical injuries. You have no real compensable damages. Other than some alleged bruising. Which, of course, has some value.

[12:55:08] The question is, who is really interested in pursuing that as a tort case?

BOLDUAN: Danny, it's great to see you. Thank you very much for laying it out for us. Really appreciate it.

BERMAN: We'll watch that news conference sometime in the next hour.

BOLDUAN: Absolutely. So just ahead, all eyes on Brooklyn tonight for the big debate, between Bernie Sanders and Hillary Clinton. How are they preparing for this fight? Her press secretary -- Hillary Clinton's press secretary, Brian Fallon and the Sanders campaign strategist will be joining us. Stay with us, please.

(COMMERCIAL BREAK)

[13:00:04] DON LEMON, CNN ANCHOR: What a beautiful day it is here in Brooklyn. It's sunny, but it's a little bit chilly. And we're all ready for tonight.