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Trump to Announce Supreme Court Nominee; Syrian Refugee on Coming to the U.S.; Hollywood Takes on Trump's Ban at SAG Awards; Patriots and Falcons Gear Up for Super Bowl; Aired 10:30-11a ET

Aired January 30, 2017 - 10:30   ET

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

(COMMERCIAL BREAK)

[10:32:00] CAROL COSTELLO, CNN ANCHOR: President Trump is set to announce his pick for the U.S. Supreme Court tomorrow night. We do know he had narrowed his pick down to three individuals.

CNN Supreme Court reporter Ariane de Vogue is here with who those choices might be. Good morning.

ARIANE DE VOGUE, CNN SUPREME COURT CORRESPONDENT: Good morning. Well, we're down really to the three all federal appellate court judges. The first one, Neil Gorsuch. He's out of Colorado. He has some religious liberty opinions that conservatives really like. And he has two things going for him. He's only 49 years old, that makes him young, and he sailed through the confirmation hearings.

In stark contrast is William Pryor. He's from Alabama, a very good friend of Jeff Sessions. But he called "Roe v. Wade" an abomination. And that could be a big fight when it comes to the Hill. And finally, there's Thomas Hardiman. He's out of Pittsburgh. He has a very interesting personal story. He was the first to graduate from his family from college. He drove a cab for a period of time and he also sits on a bench with Trump's sister. So those are the three that we'll be looking for to see who he picks.

COSTELLO: So could the Democrats really in the end block any of these nominees?

DE VOGUE: Well, don't forget that the Democrats are going to make these hearings not only about the nominee but the fact that Merrick Garland, Obama's nominee, never got hearings. So they plan to look at it and really go after the Republicans for that. Schumer has said he wants a mainstream candidate. But he hasn't really defined what mainstream is. And keep in mind, the Democrats, they changed the rules in 2013 when it came to lower court judges. So the question is whether the Republicans this time might try to change those rules again for the Supreme Court. And we'll have to see.

COSTELLO: All right. Ariane de Vogue reporting live for us this morning, thank you.

And with some judges blocking parts of President Trump's temporary ban, could legal questions about how to resolve it ends up before the U.S. Supreme Court? Joining me now to discuss, Gloria Brown Marshall, a constitutional law

professor. Good morning.

GLORIA BROWN MARSHALL, CONSTITUTIONAL LAW PROFESSOR: Good morning.

COSTELLO: So you hear a lot of critics of this temporary travel ban saying this is unconstitutional. The Trump camp says it's eminently constitutional because the president has wide authority to determine who gets to come into the United States.

MARSHALL: It's true, the president has this authority. This is from the time period of the alien and sedition act going all the way back -- you know, I like that legal history. However, the way it's done is a constitutional issue. Due process concerns are all over this executive order.

In the order itself, and I've read it, it says that they don't want and should not have people in the country who don't support the Constitution. That is in it. I don't know if people have actually read this executive order. There is a lot in it. Things about biometrics and everything else.

COSTELLO: And I know a lot of Americans would say of course they shouldn't be allowed in the country if they don't support our Constitution. Why would we want them here?

MARSHALL: Most of the people in this country haven't even read the Constitution. So they don't even know what's in it. All they know is what they've heard about it. And what I'm concerned about is someone visiting the country and they have to say they support our Constitution in order to visit? We're not talking about just immigrants.

[10:35:10] COSTELLO: Are you talking about First Amendment rights? Because we have a right to believe whatever we want in the United States. Is that what you're talking about?

MARSHALL: And we also have a right to petition the government for redress of grievances. We have the right to protest. We have a right to do a number of different things. This executive order is so vague on its face that it's going to fall to due process issues. The concern is you can't have people coming into the country and then promising they have to support the Constitution based on whatever that interpretation may be.

You and I both with law backgrounds can differ when it comes to what certain provisions in the Constitution mean. The Supreme Court does it all the time. So how can we say there is this test and someone has to come in and take this test to prove their loyalty to the Constitution before they can come visit to go to Disneyworld or stay as an immigrant?

COSTELLO: So it doesn't matter how much they amend this executive order? Because, for example, the green card issue. So the secretary of Homeland Security said, oh, well that probably went too far, so we'll just say green card holders are allowed in the United States, and that's fine. So does it matter that they amend the executive order at all as far as constitutionality?

MARSHALL: There will be amendments going probably so far and so complex into amending this executive order that it will be amended out of probably what Donald Trump actually wanted it to be. Especially to have a provision that speaks to supporting the Constitution, and that a person cannot have engaged in any type of oppression of another person.

COSTELLO: So those people who were detained and possibly are still being detained, should they file suit?

MARSHALL: Yes. This is the most litigious country in the world. We have more laws than any other country. When we talk about American exceptionalism, in order for us to be exceptional, that means we can't just be like any other country. What we're doing now is exceptional on the one hand, it's putting a fear factor out there. But it's also saying the ideals of America, that you can speak your own mind, that you have your own beliefs, those things are being put to the test. And I think this executive order on its face has many due process issues that we haven't really even had a chance to discuss.

And once people actually read the executive order, they'll see exactly what I mean, especially when it comes to saying that we're going to deny entry to people if they believe or they -- we believe they have oppressed people based on race or ethnicity or gender. Now I'm a civil rights attorney. Of course I want people in this country who support the Constitution, who don't oppress other people's rights. But who's making this determination? They're also going to institute in-person interviews for each person coming in. How do we have the resources to do any of this?

COSTELLO: I don't know. But 16 attorneys general across the United States are threatening to file suit. So it could get very interesting.

MARSHALL: Very.

COSTELLO: Thank you so much for your insights.

Just ahead in the NEWSROOM, Trump wants extreme vetting. Up next, I'll talk to a Syrian refugee. He'll talk about how he was vetted.

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[10:42:11] COSTELLO: President Trump insists this travel policy, this temporary travel ban is needed to establish new vetting measures to keep out terror. But what more can we do? What do we do right now? Already the United States requires a lot. Refugees must connect with the United Nations refugee agency. They must submit an application. They have to go through security checks. They have to participate in numerous interviews, have their fingerprints taken, and the list goes on and on. And yes, they have to go through Homeland Security and the CIA and other entities as well.

Mostafa Hassoun knows this first hand. He's a Syrian refugee and he's now living in the United States. Welcome. MOSTAFA HASSOUN, SYRIAN REFUGEE LIVING IN U.S.: Thank you.

COSTELLO: I can't help but notice your scarf. Why did you decide to wear that today?

HASSOUN: Because I'm living in this country. And I really love this country. So the scarf.

COSTELLO: President Trump says that Syrian refugees, we just can't take the chance because some of them may be terrorists. How do you respond to that?

HASSOUN: So I left my country in 2011 and I moved to Turkey after Assad started killing us. So I go where the U.N. are, the United Nations. I did a lot of interviews with them and a lot of checks. So I don't think there's anybody, like any tourism people can come to this country, because a lot of interviews, a lot of checks.

COSTELLO: Should Americans be afraid of Syrian refugees?

HASSOUN: I don't think so. I'm living in an amazing city and a lot of people welcome me. And I don't feel that at all.

COSTELLO: If you were back in Syria, would it be safe for you?

HASSOUN: Absolutely no. Actually if I'm back to Syria, there's like two places in Syria. We got like a regime area and like -- you can say it's like ISIS. And there's like space where the Free Syrian Army, but it's all small place. If I'm back to Syria with the regime area, absolutely he will kill me because I protest him, and I don't like him. And if I'm back to ISIS area, absolutely, they will kill me, too. But there is no safe places in Syria to go back.

COSTELLO: Why did you want to come to the United States?

HASSOUN: This is not my option to come. I love this country and I want to come before, like the revolution in Syria, I want to come as a student. But I didn't -- I don't choose that. After interview with the UNHCR, I received a call from them and told me I do -- my refugee file accepted by United States, so that I come here.

[10:45:02] COSTELLO: Because very, very few Syrian refugees get to come to the United States.

HASSOUN: Yes.

COSTELLO: It's done by lottery, right?

HASSOUN: There's not a lot of refugees. There's a lot of refugees in Syria and Turkey right now, like four or -- like seven million refugees around like Syria and Turkey and Lebanon, Jordan, and like the United States accepts 25,000. It's not a lot. There is a lot of people waiting to come for a new life.

COSTELLO: So my final question to you, what would you like during this anxious time, for at least some Americans, what would you like to say to the American people?

HASSOUN: To say to the American people, like I want to just -- I don't like refugee word. I'm not happy to be a refugee. I would like to come to the United States as like visitor or like as a student. But this is not my choice, to come. I don't choose to be refugee. We don't have freedom in my country. So that's why I came here to this country.

COSTELLO: All right. Mostafa Hassoun, thank you for being with me. I'll be right back.

HASSOUN: Thank you for having me. Thanks.

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[10:50:27] COSTELLO: Hollywood took on President Trump during last night's SAG Awards. Star after star wasting no time to rip into that controversial temporary travel ban.

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ASHTON KUTCHER, ACTOR: Good evening, fellow SAG-AFTRA members and everyone at home and everyone in airports that belong in my America.

JULIA LOUIS-DREYFUS, ACTRESS: I'm an American patriot. And I love this country. And because I love this country, I am horrified by its blemishes. And this immigrant ban is a blemish and it is un-American.

(END VIDEO CLIP)

COSTELLO: CNN's Stephanie Elam live in Los Angeles with more. Hi, Stephanie.

STEPHANIE ELAM, CNN CORRESPONDENT: Hi, Carol. Yes. This was front and center last night. I've got to tell you, on the red carpet last night as I was talking to the celebrities as they were making their way into the SAG Awards ceremony, many of them were speaking about it. Some saying that if they weren't coming to the awards show, if that hadn't already been preplanned, they would have been out at LAX protesting as well.

It's not a surprise, we all know that Hollywood does lean left. And that they would take -- have a problem with the travel ban that has been imposed by President Trump. But there was one speech last night during the awards show that was truly impassioned. And that came from David Harbour after the show "Stranger Things" won. If you take a listen to what he said, he talks about it as if -- sort of in character, of how they would deal with this on the cast of "Stranger Things." But take a listen to what he had to say.

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DAVID HARBOR, ACTOR: Through our art to battle against fear, self- centeredness and exclusivity of our predominantly narcissistic culture, and through our craft to cultivate a more empathetic and understanding society by revealing intimate truths that serve as a forceful reminder to folks that when they feel broken and afraid and tired, they are not alone.

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ELAM: And this all sort of goes back to what we heard Meryl Streep say at the Golden Globes with her speech and many people sort of keeping that passion going on through this awards ceremony but with a new target now with this travel ban, Carol.

COSTELLO: All right, Stephanie Elam, reporting live from Los Angeles, thank you.

The Atlanta Falcons, they are in Houston this morning, getting ready for a very busy week, just ahead of Sunday's Super Bowl LI. Cory Wire is there, too. Good morning.

COY WIRE, CNN SPORTS CORRESPONDENT: Good morning, Carol. Super Bowl week, and I'm here in downtown Houston. Everything set. Behind me is the NFL Experience in the convention center, about a quarter mile long of a lot of fun for all ages. And tonight is opening night. And listen to this. The Patriots aren't even here in Houston yet. They're scheduled to arrive around 4:00 a.m. -- 4:00 p.m. Eastern.

And this morning in Foxborough, fans started gathering around 6:00 a.m. outside of team facilities for a send-off rally. And just moments ago Tom Brady addressed the crowd, and so did former Pats star and Super Bowl champ Ty Law.

(BEGIN VIDEO CLIP)

TY LAW, FORMER PATRIOTS CORNERBACK: We're going to bring back one more, I guarantee you that.

TOM BRADY, PATRIOTS QUARTERBACK: With all that crap you got to deal with in the drawer, put it all away for one more week. Rest up, hydrate, and get ready for Sunday because it's going to be a hell of a game.

(END VIDEO CLIP)

WIRE: Getting the goosebumps, Carol. Now the Falcons, they arrived here in Houston yesterday. And team spoke -- as I talked to team owner Arthur Blank a few days ago he told me that head coach Dan Quinn asked the players' wives and significant others to join the team meeting earlier this week. He wants everyone to be on the same page regarding this week's events.

Now tonight is the first major event in the Super Bowl week, opening night, otherwise known as media night. And approximately 5,000 media members will be here from all over the world. And some of the media members are more entertaining than the players. You're going to see leprechauns, people dancing and prancing, using puppets, anything they can do to attract the attention of players, to try to get a question.

I don't know what I'm going to do yet, Carol, but I think as a former player, I'm just going to track some of them down and tackle them, tackle them to the ground and ask them a few questions for us. We'll have that for you tomorrow.

COSTELLO: Yes. Please don't wear an orange outfit like that man.

(LAUGHTER)

WIRE: You got it, Carol.

COSTELLO: Although part of me would love to see that. Cory Wire, thanks so much.

WIRE: You're welcome.

COSTELLO: All right. Before I thank you for joining me this morning, I would like to share a big life change with you. This is hard. Friday will be my last day at CNN. I'm not leaving the family, though. I'll be heading to Los Angeles to anchor a new show on HLN. This is a personal decision and it was extraordinarily difficult. It was like cutting off my left arm.

[10:55:05] I have lived apart from my husband for many years. But he was always close by because he also lived on the East Coast. But last year my husband snagged a fantastic job in Los Angeles at LMU. And I kind of miss him.

I don't want to get too emotional, but I will miss you, too. You have made my job easy because you are so very engaged. You talk to me when you spot me on the street, you yell at me, you hug me, and I love that. You feel my social media with thoughts. And you watch. And for that I will be forever grateful.

I'll be here the rest of the week, though, and I'll say my final goodbye to you on Friday. Thank you for joining me today. I'm Carol Costello. "AT THIS HOUR WITH BERMAN AND BOLDUAN" after a break.

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KATE BOLDUAN, CNN ANCHOR: Hello, everyone, I'm Kate Bolduan.

JOHN BERMAN, CNN ANCHOR: And I'm John Berman. Breaking news, moments ago, facing fierce bipartisan criticism for his executive order banning refugees and some travel to the United States, President Trump suggested there is no cry in politics.