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Trump Impeachment Trial: Debate Stretches Into Early Morning; U.S. Case of Coronavirus Confirmed; Hillary Clinton Walks Back Claim About Sanders; Jeter Heads to Hall of Fame, Narrowly Misses Unanimous Vote; Supreme Court Won't Fast-Track Obamacare Ruling. Aired 5-5:30a ET

Aired January 22, 2020 - 05:00   ET



JOHN ROBERTS, UNITED STATES SUPREME COURT CHIEF JUSTICE: I think it is appropriate at this point for me to admonish both the House managers and the president's counsel --


LAURA JARRETT, CNN ANCHOR: Rules for the president's impeachment trial are set after 13 long hours. What changes and what stays the same from the original plan.

CHRISTINE ROMANS, CNN ANCHOR: The first confirmed case in the United States of the fast-spreading coronavirus. More than 400 sick in China. Now, top world health officials meeting today.

JARRETT: Hillary Clinton walking back her claim she might not back Bernie Sanders if he's the nominee.


What the whole mess means for his supporters.

ROMANS: And Derek Jeter is heading to the Hall of Fame. Somehow only -- only 99.7 percent of voters agree.

Good morning, and welcome to EARLY START. I'm Christine Romans.

JARRETT: And I'm Laura Jarrett. It's Wednesday, January 22nd, 5:00 a.m. in the East, 12 days until the Iowa caucuses.

Well, at least one thing is guaranteed for today's opening arguments at President Trump's impeachment trial: 100 senators will be there, and they're going to be tired. House managers prosecuting the case and the Trump defense team did not finish sparring over the rules for the Senate trial until nearly 2:00 a.m. After 13 hours, patience was wearing thin, and tempers were running hot.


REP. JERRY NADLER (D-NY): So far, I'm sad to say I see a lot of senators voting for a cover-up -- voting to deny witnesses. And absolutely indefensible, though obviously, a treacherous vote. History will judge and so will the electorate.

JAY SEKULOW, PRESIDENT TRUMP'S PERSONAL ATTORNEY: The chairman of the Judiciary Committee, at this body on the floor of this Senate, said executive privilege and other nonsense. Is that the way you view the United States Constitution? Because that's not the way it was written, that is not the way it's interpreted, and that's not the way the American people should have to live.


ROMANS: Things became so heated, perhaps the most notable moment of the late night came as Chief Justice John Roberts tried to cool things down.


ROBERTS: I think it is appropriate at this point for me to admonish both the House managers and the president's counsel in equal terms to remember that they are addressing the world's greatest deliberative body.

One reason it has earned that title is because its members avoid speaking in a manner and using language that is not conducive to civil discourse. I don't think we need to aspire to that high a standard, but I do think those addressing the Senate should remember where they are.


ROMANS: Democrats offered 11 amendments to the rules. All voted down. Ten along straight party lines.

Susan Collins of Maine crossed the aisle once voting to give senators more time to respond to motions. Among the amendments rejected, subpoenas for testimony or documents from the White House, the State Department, the Budget Office, Trump's Chief of Staff Mick Mulvaney, and former national security adviser John Bolton.

JARRETT: At 1:58 a.m., voters voted to adopt the rules which changed a bit from the initial proposal. CNN has learned moderate and conservative Republican senators raised objections to Majority Leader Mitch McConnell's original plan. Under revised rules, both sides will now have three days for 24 hours of opening arguments instead of having to pack it all into two days. And evidence from the House will automatically be entered into the Senate trial instead of requiring a separate vote.

ROMANS: To call this process partisan would be an understatement. At Bill Clinton's Senate trial Republicans and Democrats accepted rules by a vote of 100-0. This time, Republicans are standing in the way of new witnesses and documents despite what Senator Mitch McConnell told CNN in 1999.

(BEGIN VIDEO CLIP) SEN. MITCH MCCONNELL (R-KY): My view was that we were entitled to witnesses. I voted for live witnesses, myself. Had my vote prevailed, there'd have been live witnesses. I would have been prepared to vote for whatever the House managers wanted in terms of putting on their trial.


ROMANS: In a twist overnight, an email dumped from the budget office shows why Democrats want documents and witnesses. Republican lawmakers are shown asking about the Ukraine aid back in august when reports emerged the aid was being held. Four Republicans would have to join Democrats to subpoena additional evidence.

JARRETT: President Trump ending his visit to the world economic forum in Switzerland in just a few hours. That hasn't stopped him from airing out his grievances on Twitter against the impeachment trial.

CNN's Jeremy Diamond traveling with the president. He is live for us in Davos -- Jeremy.

JEREMY DIAMOND, CNN WHITE HOUSE CORRESPONDENT: Laura, look, the debate was still raging on the floor of the Senate when the president woke up this morning in Davos, Switzerland. Of course, the president is here for the World Economic Forum. He gave remarks yesterday, opening remarks at this forum, focused largely on touting the strength of the U.S. economy, also offering controversial remarks on climate change.

But it was clear that impeachment was not far from his mind, even as the president is several thousands of miles away from Washington where this is going down, the president yesterday going into those remarks, calling impeachments a hoax once again.

And we were told yesterday by the White House Press Secretary Stephanie Grisham that the president was being briefed on the proceedings -- the impeachment proceedings in the Senate as the day went on. And as he woke up this morning, the president quickly took to Twitter, tweeting more than 40 times tweets or retweets focused on impeachment, criticizing Democrats, touting the presentations by his legal team.

[05:05:11] And we also heard from the president directly this morning. The president as he arrived at the World Economic Forum for day two, his final day here, the president saying that he was pleased with the presentations by his legal team. And he believes he has a winning case.

Back to you, guys.

JARRETT: All right. Jeremy, thanks so much.

ROMANS: All right. The president got two trade deals over the finish line. So what's he doing in Davos? Well, threatening more tariffs. On who and why, next.


JARRETT: The first case of the fast-spreading coronavirus confirmed in the United States. The patient is in Washington state. Top officials at the world health organization holding an emergency meeting today in Geneva. The death toll in China up to nine with 440 infected.


The Centers for Disease Control activating an emergency operation center and has increased travel precautions as screenings are being stepped up in New York, Chicago, and Atlanta. Cases have already been confirmed in South Korea, Thailand, and Japan -- with suspected cases under investigation in Australia. It's all sparking fears of a possible pandemic.

ROMANS: All right. Hillary Clinton reversing course after her scathing takedown of Bernie Sanders. In an interview with "The Hollywood Reporter," the former secretary of state refused to commit to backing Sanders if he wins the nomination. She insisted, quote: Nobody likes him.

She said: It's not only him, it's the culture around him. It's his leadership team. It's his prominent supporters. It's his online Bernie Bros and their relentless attacks on lots of his competitors, particularly the women. And I really hope people are paying attention that because it should be worrisome, that he has permitted this culture -- not only permitted, he seems to be very much supporting it.

JARRETT: Asked if she would support Sanders if he wins the Democratic nomination, Clinton responded, quote, I'm not ready to go there yet. Well, a few hours after her quotes were published, Clinton was ready to go there. Ms. Clinton now saying: the number-one priority for our country and world is retiring Trump. And, as I always have, I will do whatever I can to support our nominee.

Clinton and her supporters believe that Sanders' refusal to drop out of the race and support her until the summer of 2016 helped Donald Trump win the presidency.

Sanders, meanwhile, is not commenting on Clinton's remarks. He says he's focused on going forward and defeating the most dangerous president in American history.

ROMANS: All right. The tariff man is back. President Trump has renewed his threat to put high tariffs on European cars.


DONALD TRUMP, PRESIDENT OF THE UNITED STATES: If we're unable to make a deal, we will have to do something because we've been treated very badly as a country for many, many years on trade. If they're fair, we're not going to have a problem.

(END VIDEO CLIP) ROMANS: At the same time, Trump and French President Emmanuel Macron have agreed to a temporary trade truce, avoiding tariffs on French Wine. Trump had threatened a new tariff on wine and champagne to punish France from imposing a tax on digital services. Trump said he had a good conversation with Macron on that digital tax and that the U.S. is very happy with the result. He did not get into other specifics.

Now, other products like Le Creuset Dutch Ovens and Hermes handbags and cheese, they were in line for new tariffs. Wine really received most of the focus here. A 2 55 percent tariff remains in place due to a separate dispute related to Airbus. A French official said the two sides will hold off on potential approves until the end of the year.

JARRETT: Well, a case that couldn't define the Supreme Court. This election year, it's off the docket at least for now. We'll tell you why, next.



ROMANS: A major election year issue off the Supreme Court's docket for now. The justices turning down a request from House Democrats to speed up review of a lower court decision that struck down a key part of the Affordable Care Act. In December, an appellate panel of judges sided with the Trump administration and several red states, finding Obamacare's original mandate unconstitutional. The judges didn't invalidate the entire law while appeals continued.

Democrats had been hoping to get the initial front of the Supreme Court now as it -- as it's upheld previous challenges to Obamacare. The practical effect of Tuesday's punt by the high court pushes off any action until after the 2020 election.

JARRETT: New York prosecutors begin trying Harvey Weinstein this morning. The 67-year-old former movie mogul faces charges he raped one woman and forcibly performed oral sex on another. Weinstein's attorneys have said they'll introduce correspondence between Weinstein and the women to prove all the sex was consensual. At least 100 women have publicly accused Weinstein since bombshell stories in "The New York Times" and "The New Yorker" broke.

ROMANS: All right. An ugly scene at the end of the Kansas-Kansas State game last night.

Andy Scholes has more in this morning's "Bleacher Report."

Hey, Andy.

ANDY SCHOLES, CNN CORRESPONDENT: Hey, good morning, Christine.

Kansas head coach Bill Self calling this an embarrassment. All-out brawl just breaking out in the final seconds between these rivals. Kansas, though, they're dribbling out the clock. That's when DaJuan Gordon steals the ball and goes for a lay-up. Silvio De Sousa chases him down, blocks it, then stands over Gordon.

That prompted the Wildcats players to rush De Sousa, and then it was just on. Punches end up being thrown. De Sousa at one point picking off a stool. You'll see here, tries to use it as a weapon.

Luckily someone grabbed it from his hands right there. This fight actually spilling into the disabled seating area at Allen Fieldhouse. Just an ugly, ugly scene.

Here are what the coaches to say after the game --


BILL SELF, KANSAS HEAD COACH: That was an embarrassment on our part for the role that we played in it. And you know, I'll -- there will be consequences. What happened is zero signs of toughness. I mean, it's a -- it's a sign of immaturity, selfishness, more so than it is toughness.

BRUCE WEBER, KANSAS STATE HEAD COACH: You win with class, you loss with class. It's disappointing that anything had to happen at the end. And that's all you can, that's all I can say.


SCHOLES: All right. Baseball's Hall of Fame announcing its newest members last night. No surprise, Yankee legend Derek Jeter was elected for the first time he was on the ballot.


But it was a surprise that one voter actually left him off which means Jeter does not go in as a unanimous selection. Only his teammate Mariano Rivera has accomplished that.

Jeter saying even though he wasn't a unanimous selection, still a very special night.


DEREK JETER, ELECTED TO HALL OF FAME CLASS OF 2020: I was speechless when I got the call. Everyone said anticipate a phone call coming at such and such time. But quite frankly, I was pretty nervous.

This is something that's very difficult. You're talking about one percent of the players that have ever played this game getting to the Hall of Fame, so it's very humbling.


SCHOLES: All right. And Larry Walker also going in with Derek Jeter in the 2020 class. He gets into the Hall of Fame on his tenth and final attempt. So, you need 75 percent of the vote in order to get in.

Walker starred for the Rockies in the late '90s. He got 76.6 percent of the vote. He's going to be the second Canadian to get in the Hall of Fame and he said he couldn't breathe when he finally got the call.


LARRY WALKER, HALL OF FAME CLASS 2020: As great as Derek is, I'm going to be like -- remember the only 45s we used to listen to, and they had the song the A side. The song on the B side you didn't know about. I'm the B side.


SCHOLES: The Walker great sense of humor about playing settle fiddle to cheater.

As for Barry Bonds and Roger Clemens, they saw an increase in votes but still far from reaching the 75 percent number. You know, Christine, those two down to their final two strikes to get to be on the ballot for ten years, this has been eight. They have two more attempts at getting into the ham.

ROMANS: All right. Andy Scholes, thanks so much for that.

Laura, what's coming up next.

JARRETT: All right, Christine.

Opening statements in the president's private hours away. And if debate over rules was any indication, it's going to be a rough ride, so rough, the chief justice of the United States chastised both sides.



JARRETT: Officials in Oakland are moving to address the city's homeless crisis by banning criminal background checks on renters applying for public and private housing. The city counsel is giving anonymous approval to the Fair Chance House Ordinance. It prohibits landlords from rejecting a potential tenant because of a prior criminal conviction and from inquiring about criminal history.

Supporters say will help former inmates reintegrate, hold a job, and provide for their families instead of adding to Oakland's homeless population.

ROMANS: Chaos at a high school wrestling match in North Carolina. A parent rushing from the stands and tackling a teenager competing against his son. And had just dropped him headfirst to the mat. Barry Lee Jones was arrested and charged with assault and disorderly conduct. His son's wrestling team posted an apology saying they were shocked by the inconceivable action of one parent. The wrestler attacked was not injured.

JARRETT: An important new warning about sunscreen. The FDA says after one application, seven different chemicals can be absorbed into the bloodstream at levels exceeding safety standards. Experts say what's really alarming -- well, these commonly use the ingredients have not been fully tested. The FDA now calling for immediate testing to determine the safety of chemicals, but they say don't abandon sunscreen. If you're concerned, consider using mineral-based sunscreen instead.

ROMANS: My pediatrician always said use the mineral-based sunscreens on your kids. You want to see it on their noses.

JARRETT: Yes, the zinc.

ROMANS: Yes, on their nose. It isn't pretty but it works.

All right. A love story for the ages. In Missouri, an elderly couple married 65 years dying hours apart after spending a few hours together one last time. Jack and Harriet Morrison met in 1955. He was a 21- year-old bus driver, she was an 18-year-old passenger.

Thirty years later, he retired, and, you know, they traveled the world together. Their daughter Sue Wagener tells CNN they were always holding hands right up to the end, in their room at a nursing home. Wagener says this is what movies are made of. They were truly in love.

Just remarkable.

JARRETT: Sixty-five years.

ROMANS: All right. EARLY START continues right now.



ROBERTS: I think it is appropriate at this point for me to admonish both the House managers and the president's counsel --


ROMANS: Rules for the impeachment trial are set after 13 long hours. What changes, what stays the same from the original plan?

JARRETT: The first confirmed case in the United States of the fast- spreading coronavirus. More than 400 sick in China. Top health officials meeting today.

ROMANS: Hillary Clinton walking back her claim she might not back Bernie Sanders if he's the nominee. What the whole mess means for his supporters.

JARRETT: And Derek Jeter is heading to the hall of fame. Somehow, somehow only 99.7 percent of voter agree.

Good morning. This is EARLY START. I'm Laura Jarrett.

ROMANS: And I'm Christine Romans. Good morning, everybody. It is almost 30 minutes past the hour this Wednesday morning.

At least one thing is guaranteed for today's opening arguments at the president's impeachment trial -- 100 senators will be there. And they'll be exhausted.

House managers prosecuting the case and the Trump defense team didn't finish sparring over the rules for the Senate.