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Report: Obama Campaigns for Clinton In Must-Win NC: The 8 Justice Court Could Get Suit in A Disputed Election. Woman Opens Up House to Women Who Are Addicts, Prostitutes, Charges No Rent and Offers Them Support.
Aired November 04, 2016 - 15:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[15:30:00] BROOKE BALDWIN, CNN ANCHOR: We take you to Fayetteville, North Carolina, this is home of Fort Bragg, this state is called a game changer for this election. Let's listen to the president.
BARACK OBAMA, PRESIDENT OF THE UNITED STATES: He is temperamentally unfit to be commander in chief. Listen, if you want to keep our military the greatest fighting force -- that the world has ever known, if you want America
to stay strong and respected, we can't have a commander-in-chief who suggests that it's OK to torture people. That suggests that we should ban entire religions from our country. We can't afford a commander in chief who insults POWs.
Wait, wait, wait, hold up, hold up. Hold up. Hold up. Hey, hold up. Hold up. Hold up, hey, listen, listen, listen, listen.
Hey, everybody, hey! Hey, listen up! Hey, I told you to be focused and you're not focused right now. Listen to what I'm saying. Hold up. Hold up. Hold up! Everybody sit down and be quiet for a second. Everybody sit down and be quiet for a second. Now listen up, I'm serious, listen up.
You've got an older gentleman who is supporting his candidate he's not doing nothing. You don't have to worry about him. This is what I mean about folks, hold up. Hold up. First of all, we live in a country that respects free speech. Second of all, it looks like maybe he might have served in our military and we have to respect that.
Third of all, he was elderly and we have had to respect our elders. All, don't boo, vote! Don't boo, vote! Come on. Now, I want you to pay attention. If we lose focus, we could have problems. This is what's happened here during this election season. We just get stirred up for all kinds of reasons that are unnecessary.
Just relax. Now, I want to remind you what I was saying. We can't afford a commander-in-chief who insults POWs. Who attacks a Gold Star mother. Who actually talks down to our troops, says he knows more than our generals. Even a Republican senator said we cannot afford to give somebody like that the nuclear codes. Somebody so erratic.
I want you to think about that. When I was sworn in as president, the next day I'm sitting down -- not the next day, just right afterwards, sit down with somebody who explained this whole nuclear thing. It will sober you up. It's serious business.
[15:35:00] We can't have somebody like that handling our nuclear codes. We can't have somebody who gets upset because "Saturday Night Live" does a skit about him.
That's not the temperament that you want for somebody who's got the nuclear codes. If you believe America is stronger when everybody does their part, if you believe that America is stronger when everyone pays their fair share, then we can't elect the first candidate in decades who refuses to release any tax returns, admit he has not paid federal income tax in years, somebody who stiffs small business people who do work for him or workers who've done work for him and he owes them but he says I won't pay you because, you know what? I have more lawyers than you.
The notion that somebody like that is going to be the champion of working people, somebody who exploits working people, somebody who probably doesn't know any working people except the person who cleans up and the person who mows the fairway at his golf course, how can that person be a champion for working people? If you cherish our constitution, we can't elect a person who threatens to shut down the press when they say something he doesn't like, who threatens to throw his opponents in jail, who discriminates against people of different faiths.
We cannot allow that. There are places around the world where that's acceptable but that's not the United States of America. If you believe we're stronger together then we can't elect a president who vilifies minorities, mocks Americans with disabilities, calls immigrants criminals and rapists. We can't elect a president who brags that being famous allows him to get away with something that if you read the description qualifies as sexual assault.
Who calls women pigs and dogs and slobs and grades them on a scale of 1 to 10. That's not America. This is not Democrat or Republican. That's not America. Michelle and I, we have two magnificent daughters. Magnificent because Michelle is magnificent.
And they're smart and they're cute just like their momma. But the thing I'm so proud of them is that they're kind and taught them to respect everybody, that nobody's higher than you but nobody's lower than you. And you don't lift yourself up by putting somebody else down. Those values that we've taught our children, that you're teaching your children and grandchildren, we can't have a president who everyday seems to violate those basic values.
And the problem is he's done it so much that it's become almost normal. It's like suddenly reality TV has entered the race for the presidency. It's not even "Survivor" or "The Bachelorette". It's just some stuff that up until this election we would have said is completely disqualifying and yet somehow everybody's gotten accustomed to it, acting like it's normal. We hear people justify it and saying, well, you know, he didn't really mean it. Or it's locker room talk. Or maybe he did mean it but as long as he supports tax cuts for the rich or as long as he supports doing the things we want to do then it's OK. [15:40:00] Come on, man! We can't be thinking somehow that just
because he agrees with you on some policy issue or just because you are frustrated with government that it's OK to display the kind of behavior he displays.
BALDWIN: We want to pull away from that. We just happened to eavesdrop at a point where the president of the United States was talking to the crowd in Fayetteville, North Carolina and clearly there was a Trump protester an elderly gentleman. That was a textbook example of how to diffuse the situation, point out his first amendment right to speak his mind. He could have been a military veteran but pivoting back to why the president says you need to vote for Hillary Clinton instead of Donald Trump.
A reminder tonight, Cleveland State University, Hillary Clinton will be out with Jay Z that concert happens tonight in the all-important state of Ohio. Let's move along, next here on CNN, imagine this scenario. The day after the election it still will be too close to call then the election turns into a U.S. Supreme Court battle as it happened in 2000 with Al Gore. Remember, this case we only have eight justices at the moment. We'll talk about what can happen if that were to be the case.
[15:45:00] (COMMERCIAL BREAK)
BALDWIN: No matter who you hope will become our next president, we can perhaps all agree we don't really want this election to go into extra innings, now, do we? If Tuesday were to end in a contested vote, this year's doomsday plan is incomplete if the election were to go the way of 2000 when appeals over Bush v. Gore went all the way to the supreme court. This year's decision could be made by only eight justices.
Remember, senate Republicans have for months been blocking the president's nominee of judge Merrick Garland to that open ninth seat, that makes for a split decision on any case that goes to the high court including a disputed presidential election. Joining me now, CNN legal analyst and supreme court biographer, Joan Biskupic.
This whole conversation, heaven forbid, we don't want this to happen. That said, in 2000 Bush v. Gore went to the supreme court under the 14th amendment's equal protection clause. Explain any other scenarios that could take this election to that point.
JOAB BISKUPIC, CNN LEGAL ANALYST: OK, it could be almost the same sort of thing that happened in Florida or, for example, North Carolina that you just showed as a battleground state. We're talking about places that could have close calls where there are a lot of electoral votes at stake. For example, in Florida 29 at stake, in North Carolina some 15. Say on election night it's too close to call.
The next that would happen is if the margin between the two candidates is so narrow that there's an automatic state recount, issues of how should the recount be done, that could be one scenario that could come up through the federal courts. Another scenario could be one if there are long lines and some people protest whether their vote -- they could even vote. What if there are ballot tampering issues?
There are a host of things that could happen on the ground that evening that could cause some trouble. Then what would happen is some things might go to state courts, it depends on where people file but let's use the federal court scenario because that's what ultimately happened 16 years ago in Bush v. Gore. The first stop would be a district court judge and a district court judge could say, look, this can be handled locally, perhaps injunction that says "keep the poll open later." For example, if a person is protesting long lines or individual ballot problems, maybe the judge would apply for some provisional ballots.
BALDWIN: Let me fast forward, if it goes to the U.S. Supreme Court and knowing how the justices are, if it goes to a 4-4 split then what?
BISKUPIC: OK, it would depend on what happened below. A tie goes to the lower court resolution, some appeals court. Let's say it is Florida, it would be the eleventh circuit. Let's say it is North Carolina it would be the fourth circuit. Because a divided vote leaves in place what the lower court did and sets no national precedent.
BALDWIN: Then that lower court ruling would be the law of the land.
BISKUPIC: The last word. The last word, if it split 4-4 because they're ideologically divided. But again, you're giving me the shakes with this scenario.
BALDWIN: Sorry. I'm putting it out there so that it absolutely doesn't happen.
BISKUPIC: Right.
BALDWIN: You're welcome, America. At the final debate, the final debate Trump said -- you know he wouldn't necessarily accept -- he would keep us in suspense is what he said in the final debate. He said he would look at the election results at the time. What happens if either of these candidates were to lose and refuse to concede?
BISKUPIC: If Donald Trump wants to bring some sort of voter fraud case after the fact. Let's say that he ends up losing, because remember his condition is he'll challenge if he hasn't won. If he ends up losing and wants to bring a voter fraud case, that probably won't happen right away that evening, it will come later. That will work its way also up to the supreme court.
And then you have these eight justices and it's a bit of a scenario that you just sketched, potentially 4-4 or maybe it will be so clear cut that it is not 4-4, it is 8-0.
[15:50:00] BALDWIN: OK, knocking on my glass desk as I thank you, Joan Biskupic, thank you as always, I appreciate your time. Happy Friday to you. And in moments, as president Obama is speaking there in Fayetteville, North Carolina, Donald Trump is taking to the stage in Ohio as the race with Hillary Clinton is tightening up. Stand by. We'll be right back. (COMMERCIAL BREAK)
BALDWIN: Here we are four days to go. Left side of your screen, the president of the United States speaking, stumping for Hillary Clinton. We just took that a moment ago, Fayetteville, North Carolina. On the right side, we are watching and waiting as this crowd is as well for the Trump plane to land there in Wilmington, Ohio, and for Mr. Trump to speak to a crowd.
Four days away from mighty election day, when one of these, Hillary Clinton or Donald Trump, will be elected. We'll be right back.
[15:55:00] (COMMERCIAL BREAK)
BALDWIN: Voting is now under way for the CNN Hero of the Year. Here's one.
(BEGIN VIDEO CLIP)
BECCA STEVENS, CNN HERO: All I wanted to do was open one house and invite five women to come in who all had been survivors of trafficking, addiction, prostitution, and say come stay for two years, no cost, no authority in the house, just come be together. When a woman comes in, we give her a key. This is your beautiful home. This is your place to be.
(END VIDEO CLIP)
BALDWIN: You can vote for Becca Stevens or any of your favorite top ten heroes now. Go to CNNheroes.com. Thank you so much for being with me. We'll be back through the weekend. I'll be back on Sunday 2:00 to 4:00, Sunday from Washington. We'll see you then. In the meantime, thank you for being with me. We'll go to Washington now. "The Lead" with Jake Tapper starts right now.
