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Report: Bill to Protect Judges Sidelined After Senator Rand Paul Intervenes; Trump Cites Mar-a-Lago As His Permanent Residence When He Leaves Office; Alleged Al-Shabaab Operative Indicted for Foiled 9/11-Style Attack. Aired 7:30-8a ET

Aired December 17, 2020 - 07:30   ET

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

[07:30:00]

(BEGIN VIDEO CLIP)

ESTHER SALAS, U.S. DISTRICT JUDGE, DISTRICT OF NEW JERSEY: These tragedies are going to happen again if we don't act, and we don't act now.

(END VIDEO CLIP)

ALISYN CAMEROTA, CNN ANCHOR: It was too late for Judge Salas' family, but she was trying to protect other federal judges' families from going through the heartache that she has gone through. We will stay on this story and see what happens next. Meanwhile, as the United States again marks a record death toll, we're hearing one woman's remarkable battle, a teacher who worked with students up until her final breath.

(COMMERCIAL BREAK)

CAMEROTA: Instead of celebrating the holidays, a family in New Mexico is planning a funeral. Philomena Belone was only 43 years old when she passed away last Friday after an intense battle with coronavirus. The third grade teacher spent her last days conducting virtual lessons while wearing an oxygen mask. Her family and students are now grieving.

[07:35:00]

Joining us now is Philomena's brother Phil Belone. Phil, thank you for being here, we're so sorry for your loss. Tell us about your sister and why teaching was so important to her.

PHILLIP BELONE, SISTER DIED OF CORONAVIRUS: Thank you, Alisyn. It's an honor being on CNN. My wife and I wake to your morning show and we sleep with CNN, so it's an honor being here. Before I say anything, first, I want to acknowledge that over 300,000 people that we have lost, we have lost so many people, special people. To the family and friends who have lost loved ones, my heart and prayers for comfort go out to each and every one of you. I'd also like to read a quick message from my beautiful sister,

Philona, who spoke so eloquently in delivering a message of thankfulness. We are extremely overwhelmed by your generosity, your love, and sentiment that have been given to our beautiful Philomena.

Words cannot express how thankful we are for each one of you. Philomena touched many lives. It's amazing, that only gives us more encouragement to carry on Philomena's legacy of her joy, her love for family and friends, and her contagious fun spirit. She will always be remembered. And I apologize, I --

CAMEROTA: That's so beautiful.

BELONE: Thank you. I apologize, I'm just trying to hold it together for my sister. She would want me to be strong. She always left the house saying, don't worry about me. And I'm at peace knowing that she's in a better place. But I'd like to apologize to you for not -- for forgetting your opening question. Would you please ask again?

CAMEROTA: Yes, Phil. It's an honor for us to be able to talk to someone as generous as you, and as kind, and that you're thinking about other families as you are in the middle of this raw grief. And we appreciate everything that you've said for us and for other families. And we just want to be able to recognize that your sister, how many lives she touched, she really wanted to go into teaching. It was so important to her. It was her bliss. And why was that? What motivated her?

BELONE: Our foundation, our Belone family foundation is in Christ, Jesus. Our father in heaven has asked that we each give compassion, empathy, and display sympathy to help others. We love you and we strive to love each and everyone as we should, regardless of race, who you love, who you worship. Everyone is equal to us.

So, we always have strived and committed our lives in service to others, through not only our generosity, but through a commitment to help one another in times of need. That legacy was passed on from my late great grandfather -- my late grandfather Harry Belone Sr., and his wife, beautiful wife, Lorraine.

And also, my grandmother, Katherine Davis (ph), who spread that love and faith to my mother and father. And you know, it is seen in Philomena, she was here to serve. We believe that through God's grace, we are given many gifts. Philomena's gift was teaching.

CAMEROTA: And even after she got sick, she still wanted to teach, even after she was so sick that she was wearing an oxygen mask. And so how did that work? How was she able to do that?

BELONE: Philomena was great at making everything work. She pulled -- any time you would go into her home, she would invite you with open arms. It was better than -- better than staying in a five-star hotel. She treated everyone with love and compassion.

How she made it work? She was a fighter. She fought the good fight and she referred to her students as her children. When she would call, she would always mention one of her special students. And that gave her life, that gave her focus. And that took away all the pain that she faced in the world, and it was her life's calling.

So, when she was in the hospital, the first time, she wanted to go home because her calling was to serve others. That was always her calling. That was her life's legacy. So she found courage to leave the hospital and continue to work virtually, to help her students in need at Fort Wingate Elementary.

[07:40:00]

CAMEROTA: We're looking at pictures of her from her teaching days. One is of Halloween. She's obviously dressed up, I think it's a penguin, and she's at a dance there --

BELONE: Yes --

CAMEROTA: There she is on Halloween. And so, have you heard from her students since she died?

BELONE: I've seen -- my mother shared cards and words expressed in those cards of what Philomena has done for -- and how she has affected their lives. I've seen posts from many family members expressing condolences and thanking Philomena for teaching their kids.

So she definitely impacted their lives. I can speak on -- from personal experience that I share, two special teachers in my life. And I know that they will always share and remember Philomena for everything that she's taught them. So, she's going to carry on with them for the rest of their lives.

CAMEROTA: And even though we didn't know her, she and you have now touched our lives. And so, Phil, thank you very much for all of your compassion and for your generosity in sharing your sister with us this morning. Philomena seems like a really beautiful person, and we're really sorry for your loss.

BELONE: Alisyn, may I say one thing before I leave.

CAMEROTA: Sure.

BELONE: I think my sister would like me to say this. Her last wish was that we take care of her children, Mila (ph), Deon and her granddaughter, Mila (ph), her son, Deon, Mikhail (ph) and Keona (ph). So, we're there for them. We have -- they have our continued love and support. But also, I want to end with my thankfulness for healthcare workers.

At this very moment, healthcare workers are on the frontline battling COVID-19. Healthcare workers are putting themselves and their families at risk to help others during this pandemic. I would like to thank nurses, EMTs, technicians, pharmacists, doctors, and everyone who supports patient care, who are fighting to save lives while continuing to care for patients who have other medical conditions.

I understand that many of you provide the same care you would for family and are very tired, frustrated, and have to bear the burden of loss now and forever. There is nothing I can give you in honor of your commitment, courage and compassion. I can simply say, I appreciate you and I'm thankful for all that you do.

CAMEROTA: We appreciate you, Phil, and we honor you. And the memory of your sister, Philomena. Thank you so much for all of your words this morning.

BELONE: Thank you. Thank you very much.

CAMEROTA: We remember Philomena Belone, and we'll be right back.

(COMMERCIAL BREAK)

[07:45:00]

JOHN BERMAN, CNN ANCHOR: A legal dispute is brewing this morning over President Trump's plans to try to live at Mar-a-Lago permanently after leaving the White House. One of his Palm Beach neighbors sent this letter to city officials, quote, "to avoid an embarrassing situation for everyone and to give the president time to make other living arrangements in the area, we trust you will work with his team to remind them of the use agreement parameters. Palm Beach has many lovely estates for sale, and surely he can find one which meets his needs."

Joining me now to discuss is Dave Aronberg, the state attorney for Palm Beach County, Florida. Dave, thanks so much for being with us. The use disagreement is this, just so people know what we're talking about here.

When Donald Trump bought Mar-a-Lago in the 1980s -- 1990s, early '90s, he signed an agreement with Palm Beach where he agreed that no one, including Donald Trump, would stay at the club for more than seven days in a row or for a total of 21 days during the year. Why was that agreement made in the first place?

DAVE ARONBERG, STATE ATTORNEY, PALM BEACH COUNTY, FLORIDA: Thanks for having me on, John. This was part of a long-standing dispute with Trump after he tried to subdivide this historic property of Mar-a- Lago.

The town of Palm Beach was aghast at it as were his neighbors. And so that led to this sort of settlement in 1993, where they allowed him to transform a private residence into the social club, it is today. But they made sure he would not sell houses or rent the facility out or create a hotel there. It was all part of the deal. Even in 1993, his lawyer testified before the town council to assure them that he would not be living on premises.

But you know, as you know for President Trump, contracts and local rules are often seen as optional and not mandatory.

BERMAN: I mean, he's clearly already in breach of that, correct?

ARONBERG: It looks like it. Now, he may have some arguments on his side -- like, for example, we don't know if there are some side deals or amendments that could create some ambiguity that would give him a leg to stand on in court.

Also, one thing we've learned from the Trump presidency is that he thrives on grievance politics. And this would be no different. He would go into court, possibly, and say he was treated very unfairly by the town of Palm Beach, which has never tried to enforce this agreement in the past, even though everyone knew he's been spending more than 21 days at Mar-a-Lago every year.

And he would say that the only reason why they are trying to enforce it now is because of politics. But John, make no mistake, this is not about politics, this is just part of a long-standing battle between residents and Donald Trump. He's been seen as a bull in a China shop there, and this battle is coming to ahead on January 20th.

[07:50:00]

BERMAN: And you get the sense that officials down there were willing to look the other way for the four years of the presidency, but post- presidency is a different situation. So in theory, what could happen to him -- in his plan, to be clear, is to move there. I mean, he has declared Mar-a-Lago his primary residence. He will stay there for more than seven days in a row and more than 21 days in a year. What could happen to him if he does do that?

ARONBERG: Well, John, it seems that the town of Palm Beach didn't just allow him to stay there for more than 21 days during his presidency, no one seem to enforce the agreement even before he became president. And maybe that's because there's not a lot of institutional memory.

I don't think a lot of people at the town and city hall knew that this agreement existed, and this limitation existed, or if they knew they didn't try to enforce this. So this has been a long-standing issue there. And Trump would have a case that, hey, they've waived their right to enforce it now. I think ultimately, the town would win in court because after all, a contract is a contract, and it's hard to fight city hall.

But as far as the sanctions, the town could use code enforcement to impose fines against Trump and the club. They could impose a lien on the club. They could go and sue him in court for breach of contract, and they could even as a last resort try to revoke his occupational license that would end Mar-a-Lago as we know it.

BERMAN: What's your sense of how far the neighbors are willing to push this and what we might see from decision-makers there?

ARONBERG: Well, locally, it's known that you don't want to mess around with the town of Palm Beach. And their neighbors are very tough, they take their code enforcement seriously. It's a big reason why so many of the rich and famous move to Palm Beach. They value their tranquility and their relative privacy there. It was like World War III when they had a dispute ten years ago to open up the first- ever Starbucks in Palm Beach. It was a close vote. You would have thought they were trying to put a garbage dump in the middle of Worth Avenue.

And so, you have people who have lots of resources just like Trump does and they can be relentless. Now, keep in mind, this is not everyone on Palm Beach. Trump does have his supporters there, and this is a group of people who probably have had a long running dispute with Trump, they don't want the commotion, they don't want the attention, they don't want the drama of having an ex-president return, and the law, I think is probably on their side.

BERMAN: We've got about 15 seconds left. If you had to bet this morning as to what will happen, where would you place your money?

ARONBERG: I would bet that Trump and the town eventually settle. That this doesn't create years of litigation, but it will impede his ability to live at Mar-a-Lago permanently. All you have to know is that his helicopter pad that he uses in and out on Marine One is being removed as of January 20th, because the city has demanded it, and the city usually gets its way.

BERMAN: David Aronberg, thanks so much for being with us this morning. Appreciate your time.

ARONBERG: Thank you, John.

BERMAN: So developing this morning, we're just learning of a foiled terror plot being compared possibly to September 11th. Details next.

(COMMERCIAL BREAK)

[07:55:00]

CAMEROTA: Developing this morning, an alleged Al Shabaab operative is facing multiple terrorism-related charges in New York for allegedly taking part in a foiled 9/11-style attack. CNN's Shimon Prokupecz joins us now with the details. What do we know, Shimon?

SHIMON PROKUPECZ, CNN CRIME & JUSTICE CORRESPONDENT: Yes, so, this man was arrested back in July of 2019, Alisyn, he was taken into custody in the Philippines. He is a Kenyan citizen and intelligence officials, U.S. and both international, were able to learn of this plot, and they basically were able to take him into custody as a result.

And yesterday, the new development is that he was indicted here in Manhattan in federal court by the U.S. Attorney's office. So, some more details have come to light, specifically that one of the things that this man, he was trying to learn aviation and how to breach cockpit doors.

Investigators say they found that he was researching how -- ways in which to breach cockpit doors. He was also learning how to fly planes. He was training at an aviation academy. He was researching on how to hijack planes.

So perhaps not the smartest person in the way about -- in the ways in which he went about this, but certainly U.S. Intelligence officials were able to learn of this and were able to take him into custody. Now, there is a couple of significant things with this arrest. The fact that it is Al Shabaab. One of the things that we don't normally see them planning these kinds of attacks, certainly in the United States.

So that certainly has U.S. officials concerned. Al Shabaab, of course, is a very known terrorist group, they have ties to al Qaeda, and one of the things that Al Shabaab is most known for, is for the 2013 mall attack, the West Gate Mall attack, which killed 71 people. So of course, all of this very concerning for U.S. officials.

They were able to take him into custody in 2019. The other things that they're trying to learn is if he was communicating with the senior officials within Al Shabaab and was this in any way directed by them or was this something that he thought of on his own as we see in some cases where they are radicalized and in this belief, and so they want to carry out attack in the name of a terrorist organization, Alisyn.

CAMEROTA: Yes, very concerning is right --

BERMAN: Sure --

CAMEROTA: Shimon, thank you very much for all of that reporting. And NEW DAY continues right now.

BERMAN: Welcome to our viewers in the United States and all around the world, this is NEW DAY, and the breaking news, records shattered overnight. Three thousand, six hundred and fifty six new coronavirus deaths reported. That is the highest number ever. A hundred and thirteen thousand Americans hospitalized. That is the highest number ever. Nearly a quarter million new cases, that is the highest number ever.