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Biden Unveils First Cabinet Picks, Including National Security Posts; GOP Defections Grow Against Trump's Baseless Efforts; U.S. Now Averaging 170,000-Plus New Cases a Day. Aired 1-1:30p ET

Aired November 23, 2020 - 13:00   ET

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


[13:00:00]

NIA-MALIKA HENDERSON, CNN INSIDE POLITICS: Thanks for joining us. Brianna Keilar picks up our coverage right now.

BRIANNA KEILAR, CNN RIGHT NOW: I'm Brianna Keilar, and I want to welcome our viewers here in the United States and around the world.

We begin with breaking news. As his predecessor refuses to concede, President-elect Joe Biden is moving forward with his transition, revealing first group of cabinet picks that focus on foreign policy and national security. His transition team confirming Biden is having a familiar Washington face, Tony Blinken, as his secretary of state, and he's making good on his promise to have a diverse administration.

Biden is tapping Alejandro Mayorkas to head the Department of Homeland Security. Avril Haines will be his director of National Intelligence. Biden is also going with a familiar face as his climate czar, former Secretary of State John Kerry.

We have CNN's Jeff Zeleny, who is joining me now. So tell us more about why Biden is picking these particular folks for these roles.

JEFF ZELENY, CNN SENIOR WASHINGTON CORRESPONDENT: Well, Brianna, these are coming all in one speedy way here. Now, this is faster than former President Barack Obama filled his cabinet. They are clearly moving in an expedited fashion to fill the space that they see now given all of what we are talking about going on in Michigan.

But when you look at this roster of names, really, as you said, familiar faces, longstanding experience in this government in their specific areas of expertise, but John Kerry, the former secretary of state, longtime Massachusetts senator, of course, he was one of the authors of the Paris Climate Accords, he is going to be coming back into this administration as a special envoy for climate change.

Now, this is something that doesn't need approval by the Senate. He does not need to be confirmed. This is someone who will be also on the National Security Council. So that perhaps is one of the bigger surprises we're seeing on this list of names. But, Brianna, it really is who's who of who worked inside the Obama government, but also for Joe Biden for a long time.

Tony Blinken, the new, at least, nominee to be secretary of state, who is widely expected to be confirmed, has been at Biden's side really for nearly two decades, traveling around the world, helping him craft foreign policy. Of course, he was deputy secretary of state. So that is certainly a key position.

But also, we are seeing a number of historic picks as well, as you said. And leading as the director of National Intelligence, Avril Haines, this is someone who will be the first woman in that position. She, of course, had a key post at the CIA. So, this is a widely respected slate of candidates here. And, of course, Department of Homeland Security, some symbolism here as well, nominating or scheduled to nominate the first Latino and immigrant to lead Department of Homeland Security.

So, clearly, the Biden administration, incoming Biden administration wasting no time to fill these positions and doing so in symbolic ways, Brianna.

KEILAR: They are. Of course, we're always interested in who will be incoming. This is going to be obviously big four years ahead of us.

Jeff Zeleny, thank you so much, I appreciate it, live for us from Wilmington.

Right now, all eyes are on Michigan and then on Pennsylvania, because these states are beginning the process of possibly certifying the presidential vote. In Michigan, the four-person state canvassing board is to meet right about now to consider the certification.

And I said, possibly, because those in Trump camp, including the president himself, are pushing for the two Republican members to vote no on certifying the vote. This is an effort to just ignore the will of the voters of Michigan who overwhelmingly chose Joe Biden to be the next president.

Also today, the majority of Pennsylvania's counties are expected to certify their votes. Some have already completed it. The Trump campaign's main legal challenge in the Keystone State fell flat, and it was summarily rejected by a federal judge. But a second challenge by state Republicans could delay the certification.

(BEGIN VIDEO CLIP)

AL SCHMIDT (R), PHILADELPHIA COMMISSIONER: Happy certification day in Pennsylvania, because Philadelphia County will be certifying the election results later today.

There has been no shortage of litigation given its lack of merit. One can assume it is intended to try to delay or disrupt things, but that is obviously not going to happen.

(END VIDEO CLIP)

KEILAR: I want to get back to and CNN National Correspondent Dianne Gallagher who is there for us covering this from Lansing. Tell us what we are expecting at this hour, Dianne.

DIANNE GALLAGHER, CNN NATIONAL CORRESPONDENT: Yes. So, the state board of canvassers is supposed to be talking in just a few minutes (INAUDIBLE). There are still some protesters out here who do not want them to certify that election.

So, if you can still hear me over the loud speakers, basically, there are four members of board of canvassers. And this is usually a mundane protocol that they go through to certify what has already been certified by each of the counties.

There are four members, two Republicans, two Democrats.

[13:05:00]

One of the Republicans has already indicated that he isn't sure that he is going to vote for certification. The other Republican hasn't said what he's going to do. My producer, Dan Shepherd, he went to the Republican's house, and his wife said that he is not going to talk about it before the meeting.

KEILAR: Can you just do us a favor, Dianne, and just hold up your microphone a little closer to your mouth, and then tell us about that member of the canvassing board who was sort waiting to see what they do.

GALLAGHER: That's right. So that is the other GOP member of the canvassing board. His wife told my producer, Dan Shepherd, that, look, he is not going to talk about what he wants to do until the meeting today, which is supposed to start in just a few moments.

You only need three of four members to vote for certification for it to happen, so that's why all eyes are on him at this point. If it was a 2-2 deadlock, it would immediately go to the court of appeals because of a flurry of lawsuits that would undoubtedly be filed.

Now, the likelihood is that the court of appeals would make a decision that would tell the board of canvassers they have to certify. But it is possible to go to the state Supreme Court.

Here is the key, real quick, Brianna. The key is that the secretary of state says she can't do any sort of recount, she cannot do any sort of investigation or audit unless it is certified. So, that's the key here.

KEILAR: Okay. You can't do an investigation or audit unless it is certified. Dianne, thank you so much for weathering that, Dianne Gallagher in Lansing.

Michigan's elections board could deadlock on certifying the state's presidential election results. A key Republican, as Dianne was telling us on that canvassing board, is expected to vote against it. And if it does come to a 2-2 split, Michigan's Republican house speaker is worried that then, as Dianne was describing, this gets into a much larger legal issue either.

(BEGIN VIDEO CLIP)

LEE CHATFIELD (R), MICHIGAN HOUSE SPEAKER: If there were to be a 2-2 split on the state board of canvassers, it would then go to Michigan Supreme Court to determine what their response, what their order would be. If they didn't have an order that it would be certified, well, now, we have a constitutional crisis in the state of Michigan.

(END VIDEO CLIP)

KEILAR: I want to bring in Steve Liedel to talk about this. He is an election law expert, he is a former legal counsel to former Democratic Michigan Governor Jennifer Granholm. Thank you so much for being with us, Steve.

And just explain how this could become a constitutional crisis for Michigan.

STEVE LIEDEL, FORMER COUNSEL TO FORMER MICHIGAN GOVERNOR JENNIFER GRANHOLM: It is unlikely to become a constitutional crisis. We know that the courts generally in the past in other areas have required the board of canvassers to do their statutory duty.

It's ministerial, meaning that they have to perform their function if they don't have discretion in performing functions that are outside of the statute. So if they were to not vote or to deadlock, I would expect the Michigan Court of Appeals, what's called writ of mandamus, to order them to exercise their statutory duty and certify the results.

KEILAR: Okay. So you have faith in the system that this is not going to leading to a constitutional crisis in Michigan.

There was an opinion piece in the Detroit Free Press where two law professors were arguing that if officials refuse to certify the results, it would be a felony violation of the Voting Rights Act of 1965. What do you think about that assessment?

LIEDEL: I'll let them analyze federal law. As to Michigan law, it is technically a violation for any state officer to willfully neglect a duty, both under the election law and the provision of the state's criminal law. So, those are the potential consequences that have generally resulted in board of canvassers not acting when they have a duty to act in the past. And in addition, they are members of the executive branch, subject to removal from office by the governor of Michigan.

KEILAR: Okay. And there are two Michigan lawmakers, as you're well aware, who met with the president on Friday. And they issued a statement that said, they had not been made aware of any information that would change the outcome of the election. The president has been baselessly tweeting about voter fraud, he's been fundraising off of this, obviously directly contradicting the message that those Michigan lawmakers put out there after meeting with him.

How do you think voters view this process in light of all of these messages they're getting? LIEDEL: Well, I mean, typically, it is pretty simple. Elections are an exercise in math. And the person with the most votes wins. And, clearly by more than 150,000 votes here in Michigan, more than ten times the margin by which President Trump won Michigan in 2016, Joe Biden has received more votes. And I think the people generally expect him to be certified as the winner of the election here in Michigan.

KEILAR: It all sounds so simple the way you explain it, more votes, the winner, right?

[13:10:04]

The Republican National Committee and the state Republican Party, Steve, they actually want the board to adjourn for 14 days to investigate the alleged irregularities in Wayne County. What do you say to that?

LIEDEL: Well, the party and the Trump campaign have had the opportunity to present in court. They had their day in court to present any allegations of wrongdoing, and thus far have been unsuccessful. Michigan courts have so far found any allegations that they have been presented as unpersuasive. They also have the opportunity and have not presented any hard evidence to the secretary of state, who is obligated under Michigan election law to conduct the investigations.

But the legislature of Michigan has vested those functions for investigation and an audit in the secretary of state, not in board of canvassers. So the board's duty is simply to compile the votes, verify that they are properly documented from each of the 83 counties and certify the state results today. They have no other duties under Michigan law.

KEILAR: All right. They have one job. We will see how it goes. Steve, thank you so much for being with us, live for us from Michigan.

LIEDEL: Thank you.

KEILAR: More and more Republicans are speaking out against the president's baseless efforts to overturn the election, including one Republican who calls his legal team a national embarrassment.

Also, as the pandemic worsens, millions of Americans are packing airports and ignoring the CDC's warnings this holiday week.

And news on a third vaccine as America's warp speed chief says life may get back to normal next May.

(COMMERCIAL BREAK)

[13:15:00]

KEILAR: Slowly, some Republicans seem to be coming around. A few more are saying that they think Joe Biden's transition team should be given some access to the Trump administration and their intelligence information, while a few others voice their desires for President Trump to stop the games and accept the outcome of the election.

(BEGIN VIDEO CLIP)

FMR. GOV. CHRIS CHRISTIE (R-NJ): His legal team has been a national embarrassment.

GOV. LARRY HOGAN (R-MD): We are beginning to look like we're a banana republic. It is time for them to stop the nonsense. It just gets more bizarre every single day. And, frankly, I'm embarrassed that more people in the party aren't speaking up.

REP. FRED UPTON (R-MI): The voters have spoken. Here in Michigan, 154,000 vote margin by President-elect Biden, no one has come up with any evidence of fraud or abuse, it's over.

(END VIDEO CLIP)

KEILAR: Still, the majority of Republicans are enabling the president's time and money-sucking legal battles, that's what's happening in public, anyway. Behind the scenes, dozens of elected Republicans are actually done with Donald Trump. Behind the scenes, they complain about the Trump strategy. But then out in the open, they are still firmly behind the president's shenanigans.

Peter Wehner is a vice president and senior fellow at the Ethics and Public Policy Center, he is also a former senior adviser to George W. Bush who long ago congratulated Joe Biden on his win. I want to thank you so much for coming onto talk to us about this.

Republicans are clearly worried that their constituents will say something, will hold it against them if they speak out against the president. I think we're seeing that with most Republicans. So, how should those -- how are those folks navigating this?

PETER WEHNER, FORMER SENIOR ADVISER TO PRESIDENT GEORGE W. BUSH: Well, not well because they're not serving the country, they're acting dishonorably. Look, I understand there's a constituency for Donald Trump and it is the core of the Republican Party. There's no question about this. But this is not just any other moment in American history, this is a vital moment.

We have a person who is president who is fundamentally illiberal and anti-democratic, and he is doing a tremendous amount to try and -- well, it is a civic desecration, really. And if you're a lawmaker, if you're a citizen, if you're a human being, it seems to me you have an obligation to speak out and speak the truth and speak the truth to power. Unfortunately, this is part of a trend that's been going on for four or five years. They became habituated in mind and heart to the Trump presidency. And this is how it looks when it ends very badly.

KEILAR: So, they become habituated in mind and heart, as you put it. And I ask you, how are they navigating it? I mean, how should they navigate it? I think when I think of members of Congress, I do think most of them believe that when history calls in a certain moment, they'll answer that call and they'll do the right thing. I firmly believe that about most members of Congress, and yet we're not actually seeing that. So, why do you think that is?

WEHNER: Well, John F. Kennedy said there's a reason profiles in courage was a slim volume (ph). We always -- we usually think that of ourselves and we are, encourage is a rare virtue. Aristotle thought it was the chief virtue, but it is rare. And we like to tell ourselves that in moments of challenge when it is difficult to do the right thing, there's a cost to doing the right thing, we'll do it anyway. But very few have done it. Larry Hogan has done it, Mitt Romney, has done it, Justin Amash.

But by and large, the entire Republican Party, from its lawmakers to its infrastructure, has either gone so (INAUDIBLE) and quiet during the Trump presidency or enabled and emboldened him. They have not said publicly what they would have said and indeed have said privately and it was because they were too afraid.

[13:20:00]

Everybody understands fear as a human emotion, but it shouldn't drive it particularly key moments in a person's life and in a nation's life, and they went quiet, they went cowardly. And there is a cost to that to the country and there's a cost in terms of history and their own reputations.

KEILAR: You know, the president, I'm sure you have been watching this, Peter, he is actually fundraising off of these efforts, these kind of ridiculous legal efforts and these losing legal efforts. Most of the money though isn't actually going to his legal battles. That's what we've learned. What can the money be used for?

WEHNER: I think that this is probably going to go toward the re- election campaign, and who knows. The thing that's so clear about Trump and the Trump family is that they're corrupt from stem to stern. So, they're going to use the money in ways that's inappropriate, I am quite confident of that.

I do want to say one thing too, because I know you've mentioned Chris Christie, he said it is a national embarrassment what's going on. And, look, better late than never, but this is really, really late. And you have to keep in mind that Chris Christie did everything he could to help Donald Trump win re-election.

The way Trump is ending this presidency, this day-new law (ph), this civic desecration should come as a surprise to exactly no one on the planet. Chris Christie had to have known this is fundamentally who Donald Trump was and is. And it is only now when Trump has lost and his power is hemorrhaging away from him that these people are now all of a sudden beginning to find their voice.

It would have helped if Chris Christie, and a lot of these other people speaking out, and I am glad they're speaking out now, they should have been saying this when it mattered, when Trump was president. They created this anti-democratic Frankenstein, and now they don't know how to shut him down. And they should have figured that out during his presidency. KEILAR: But, look, Peter, we only talked about that, and Chris Christie in particular, on this show. Are they really trying to shut him down or are they really just trying to save themselves politically now that he has lost?

WEHNER: Well, I think both. I mean, the fact that he has lost emboldens them now to be able to find their courage and to speak out. But, look, I think they do want to shut him down but they know what a freak show this is. These are the weirdest, most bizarre conspiracy theories you can imagine. They all know that. They're embarrassed by it. They know how this is going to end. Joe Biden is going to be president, three minutes afternoon on January 20th.

So they want to get rid of Trump or at least get him out of the spotlight. I'm sure a lot of them, including Christie, hope that he goes off in the sideline and isn't heard from again. That won't be the case. So I think it is a combination. I think they really generally want to have him shut up and just do what's right. But I also think the reason that they're speaking out now is that they don't think there's nearly as much of a cost to do it now as there was when Trump was president and he was in power.

KEILAR: Yes, definitely. Peter, it's a pleasure having you on. Thank you so much for joining us.

WEHNER: Thanks for having me. I appreciate it.

KEILAR: All right. Peter Wehner, we appreciate it.

And we do have some live pictures here as we are watching the election board in Michigan. A Republican is expected to vote against certifying the results in an extraordinary move. That person has one job, we expect they are not going to do it.

Plus, doctors and nurses say they are angry. They're watching Americans ignore CDC warnings and travel for the Thanksgiving holiday. And it comes as some states warn they're running out of ICU beds.

(COMMERCIAL BREAK)

[13:25:00]

KEILAR: We are beginning this Thanksgiving week with coronavirus numbers that can only be described as disastrous, 20 straight days of 100,000-plus new infections a day. Most days we soared right past that number. We averaged 170,000 new infections a day over the last week. U.S. has added 3.1 million new cases just this month and hospitalizations are rising as dramatically as the case numbers.

For the last 13 days, hospitalizations nationwide have broken the record that was set the day before. 84,000 Americans at this moment are hospitalized, fighting coronavirus, according to the COVID Tracking Project. On Sunday, more than 900 deaths were reported in the U.S., with the average daily death toll being 1,500, and that is the deadliest since May. Despite warnings to stay home because of the surging pandemic, millions of Americans are traveling for the Thanksgiving holiday, they're ignoring guidance from the CDC. More than 3 million pass through security and check points at airports across the country over this weekend, which is the highest number of people passing through airports since the pandemic began. And they're doing it at the worst point of the pandemic.

CNN's Adrienne Broaddus is at Chicago O'Hare International Airport. I mean, Adrienne, tell us what you're seeing, because by the numbers and just knowing that we are dealing with a contagious virus here, this is shaping up to be a disaster.

[13:30:00]

ADRIENNE BROADDUS, CNN CORRESPONDENT: Brianna, we have seen families traveling with small children.