Return to Transcripts main page

Early Start with John Berman and Zoraida Sambolin

Torture Report Fallout; Obama Urges Immigrants to Register; Deal Reached on Spending Bill; Kerry Calls for New Flexible ISIS War Powers; Appeal of Pistorius Murder Acquittal Can Proceed; New Police Protests; Coast to Coast Storms

Aired December 10, 2014 - 04:00   ET

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

JOHN BERMAN, CNN ANCHOR: Brutal, deceptive and ineffective. The scathing Senate report revealing CIA torture practices after September 11th. This morning, the growing controversy over the report's contents and its release.

Are Americans overseas now in danger? Big questions this morning. Big controversy.

CHRISTINE ROMANS, CNN ANCHOR: Yes.

BERMAN: Good morning, everyone. Welcome to EARLY START. I'm John Berman.

ROMANS: Questions just beginning.

I'm Christine Romans. It's Wednesday, December 10th. It is 4:00 a.m. in the East.

U.S. diplomatic and military families around the world on high alert this morning. Officials concern about terrorist reprisals in respond to an explosive Senate report released Tuesday on the CIA's use of harsh interrogation techniques after 9/11. That report includes some shocking revelations about interrogation techniques that included mocked executions, and days of sleep deprivation, in addition to waterboarding.

CNN's Michelle Kosinski is at the White House with the latest this morning.

(BEGIN VIDEOTAPE)

MICHELLE KOSINSKI, CNN WHITE HOUSE CORRESPONDENT: Hi, John and Christine.

The Republican outcry over his has been intensive and detailed. Here's Senator Mitch McConnell.

SEN. MITCH MCCONELL (R-KY), INCOMING MAJORITY LEADER: I think what it does for the U.S. government is endanger every one of our people overseas, every embassy flying an American flag. As several of my colleagues have just pointed out, endanger the working relationship we've had with a variety of different countries in trying to deal with intelligence gathering. In short, it was a big step in the wrong direction.

KOSINSKI: We heard Senator Cornyn say he can think of no bigger disservice to the people of the CIA, no bigger recruiting tool for terrorists than the release of this report.

Republicans say it endangers American lives overseas. It's politically motivated, essentially a Democratically controlled Senate's last chance to release it before that control shifts. And they called to task its method, saying it's inaccurate, especially this assertion that it's produced no actionable intelligence.

Republicans senator produced a long list of instances in which they say these methods led to things like the breakup of terrorist plots, capture of leaders, even the killing of Osama bin Laden. The White House would not wade into that debate over the intel or over whether there should have been people prosecuted over this. But they did call the release an example for democracy.

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: We've taken precautionary measures in our embassies and around the world. There's never a perfect time to release a report like this. But it was important for us, I think, to recognize that part of what sets us apart is when we do something wrong, we acknowledge it.

KOSINSKI: Although the White House said that there was a threat assessment done for every single U.S. diplomatic post overseas, and that embassies were prepared for any possible backlash over the last several months -- John and Christine.

(END VIDEOTAPE)

BERMAN: All right. Our thanks to Michelle Kosinski. There's new outrage this morning on social media with online jihadists calling for retaliation against the United States. The State Department warning U.S. citizens in some countries where CIA torture took place, that they could face anti-American violence.

A United Nations Human Rights official applauded the report's release and warns that international law requires the United States to prosecute any wrongdoers.

Special investigator Ben Emmerson writes, the individuals responsible for what he calls the criminal conspiracy revealed in today's report must be brought to justice and must face criminal penalties commensurate with the gravity of their crimes.

Now, the U.S. has made the clear, the Justice Department, that there will be no prosecutions.

Let's go to CNN's Ian Lee live in Egypt.

Ian, what's the response been in Cairo to this report?

IAN LEE, CNN REPORTER: Well, there's the mulling over what it is. I think they're happy, though, that their names weren't specifically put in this report. We scoured it. We were looking for individual countries to see if they were going to be named, because Egypt has been a longtime partner of the CIA in the rendition program where suspects would be brought here for interrogation.

We couldn't find Egypt's name, and I think they're going to be happy about that because they don't want their dirty laundry aired out in the open as well.

But you have the other side to this. For a long time, this region has been lectured about their human rights record. They're now going to point to this report and say, how are you lecturing us, when you have these abuses taking place as well.

But when we look at security in this region, especially here in Cairo which back in 2012, the perimeter of the embassy was breached by protesters, there really are two scenarios. Large protests, we're not expecting to see that. We're looking through this report, there's nothing we could really find that would be inflammatory to the population in general. Yes, these were very brutal techniques taking place, but nothing that we see that spark large-scale protests.

The other scenario would be a jihadi group, a terrorist group targeting a U.S. diplomatic mission. Security has been increased in this region. We have thousands of marines on standby to assist within hours if something were to happen.

But just going by the U.S. embassy, it is a fortress. There's police and army close in case something were to happen, John.

BERMAN: Important to note as you have, no protest, visible protest that you can see at least on the streets this morning.

Ian Lee in Cairo, thanks so much.

ROMANS: The Senate torture report not President Obama's only headache. In Nashville, he faced protesters last night angry at him over his immigration executive action. The president speaking to Latino audience in person and on Univision, attempting to reassure Latinos that it's safer under his new plan, while admitting a future president could reverse his order.

President Obama standing firmly behind his decision to reform immigration on his own authority.

(BEGIN VIDEO CLIP)

OBAMA: When members of Congress questioned whether I have the authority to do this, I have one answer -- yes, and pass a bill. If you want Congress to be involved in this process, I welcome it, but you got to pass a bill.

(END VIDEO CLIP)

ROMANS: The president returning to Washington overnight, ready to host a big White House event this morning on early childhood education.

BERMAN: Developing overnight, congressional Democrats and Republicans, they reach an agreement on more than a $1 trillion catch- all spending bill that will keep the government operating until September of next year, and it will avert a government shutdown, at least for now. This is the biggest piece of unfinished business for what is seen as historically unproductive Congress. This will help clear the decks for major spending issues for the new Republican- controlled Congress.

They will need to fund Homeland Security again in February. So, the fights are not over completely.

ROMANS: All right. A new black eye for the Internal Revenue Service. An inspector general found the IRS paid at least $6 billion in child tax credits in 2013 to people who weren't eligible to receive them. Those payments went to families who either mistakenly claimed the tax credit or claimed the wrong amount, as well as taxpayers who committed outright fraud. The $1,000 per child tax credit, one of the biggest tax breaks for working families.

BERMAN: Secretary of State John Kerry is asking Congress for new flexible war powers in the fight against ISIS. The secretary says lawmakers should not limit U.S. military action to just Iraq and Syria or prevent President Obama from deploying ground troops if he essentially finds it necessary. The testimony before the Senate Foreign Relations Committee is the first time that an administration official has publicly prescribed what elements the White House wants to see in a new authorization for use of military force. The committee vote on a new authorization could happen as soon as this week.

ROMANS: The battle over Benghazi now dying down. Two senior State Department officials will testify before the House Select Committee on Benghazi, about the agency's security protocols. Last month, a two- year investigation by the Republican-controlled House Intelligence Committee found the CIA and the military acted properly in responding to the 2012 attack on the U.S. diplomatic compound. It found no wrongdoing by the Obama administration appointees.

BERMAN: New question this morning about the use of private drones inside the United States. The House Transportation Committee is planning to ask the FAA how rules governing the use of unmanned flying devices are coming along. Some groups are trying to get drones in the air hoping that a pilot's license will not be required. So, you could just do it without knowing how to do it. They're also concerns that other countries are getting ahead of the U.S. in this industry. The FAA rules are expected to be released next year.

ROMANS: All right. Time for an early start on your money this morning.

Stock futures mixed after the markets tailspin yesterday. Economic concerns over China and Greece sent the Dow down more than 200 points, but an afternoon rally shaved losses to just 51. That's pretty impressive, down 200, and then close down to 51. The S&P 500 closed lower, but the NASDAQ managed to end higher.

Crude oil prices also rebound yesterday after hitting a five-year low. However, oil lost the most those gains overnight. Prices have fallen roughly 40 bucks from June highs in the oil market. Unbelievable. Of course, that's good news for your gas bill.

The Energy Department Tuesday again slashed its prediction for New Year's average -- next year's average U.S. gas price. The new cost, the government says $2.60, the lowest since 2009. If it happens, it will save drivers $100 billion next year.

BERMAN: Not each driver?

ROMANS: Not each driver, altogether they'll save $100 billion.

Right now, gas prices are $2.64. That's down more than a dollar from this summer peak. There you go.

BERMAN: Wow.

ROMANS: Hundred billion dollars.

BERMAN: Really, it's a giant, giant wow.

ROMANS: It's huge -- you hear about Congress that can't even decide how we're going to fund the government, but the big stimulus for American consumers right now is happening because of oil markets.

BERMAN: All right. Breaking this morning: a mixed decision from a judge overseeing legal proceedings against Oscar Pistorius. An appeal of a not guilty verdict on murder charges, that can proceed. That means that Pistorius may still face conviction on a higher charge in the death of Reeva Steenkamp. But the judge dismissed a request from prosecutors to reconsider the length of the five-year sentence she gave Pistorius on the charge that he was convicted of culpable homicide.

So, it does continue to a certain level, but no immediate increase of that sentence.

Ten minutes after the hour.

New protests overnight over the deaths of Eric Garner and Michael Brown. The last words of Eric Garner again on the NBA basketball court as New York police are now defending their practices.

ROMANS: Plus, storms from coast to coast this morning. Snow, wind, rain, all of that set to flood your community. What you need to know for today, next.

(COMMERCIAL BREAK)

ROMANS: A big nor'easter that rocked the Northeast Tuesday will be sticking around for a few more days. This was the scene in Massachusetts. Snowplows were out in force as a mix of ice and rain came down -- ouch! That's making driving an absolute mess, making parking an absolute mess. Several cars accidents were reported. You can see this car skating down the road.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: He was sliding. He was doing 180s and stuff.

UNIDENTIFIED MALE: It was terrifying actually. I was out of control for like 10 seconds.

(END VIDEO CLIP)

BERMAN: The fire hydrant, you know, emerged unharmed in that.

Torrential rains hitting New York very hard. This was Long Island. Seems like this all over Long Island. The South Shore was socked by severe flooding. The winds also knocked out some tree limbs there, too.

But look at the flooding. Yikes!

ROMANS: This is what it looks like in Jersey Shore. The rain came down so hard submerging whole communities. Oh, no! Drivers who braved the elements found themselves in some pretty sticky situations.

So, will this nor'easter stick around? How long will it stick around?

Meteorologist Pedram Javaheri has that, an early look on your weather this morning.

It -- you know, I've got to tell you, guys, I saw a big huge New York City garbage can made out of metal, I saw a wind gust pick it up and throw into traffic yesterday on the west side. I mean, it's really, really scare out there.

PEDRAM JAVAHERI, AMS METEOROLOGIST: Yes, those kind of wind gust, 30 or 40 miles per hour, they'll do some significant damage. We know about a thousand flights were delayed or cancelled on Tuesday. And then we had 3,000, nearly 3,000 flights were delayed across the country, and the winds, the rain, all of that having something to do with it.

You take a look, record rainfall, JFK, LaGuardia, two and a half to three inches came down over the 24 hour period out there. Take a look at the national perspective.

Northwest, heavy rainfall, Pacific Coast, heavy rainfall, back on Northeast, rain and snow as well. But the central portion, the large areas of the country, not too bad, it's the corners of the country getting the significant weather right now. The storm of the nor'easter kind of meanders in the region doesn't really go anywhere until Friday. Snow showers a possibility, you don't see too much in the way of -- too much in the way of significant accumulation. Seeing upwards of maybe eight, 10 inches across some of the higher elevations of Northern New England and mountainous region and then on the coast, we're talking about a half inch to maybe an inch of rainfall left in areas say around Boston. Back out towards California, how about this? Blizzard warnings across

the high sierras. Winter storm warnings in effect for over three feet in the forecast for higher elevations. Talk about fantastic returns for reserves as far as the moisture is concerned.

And then the wettest single storm for the West Coast since 2009, guys, shaping up. The last storm system brought in 1.8 billion gallons of water for the reservoirs of Los Angeles County, enough water for about 50,000 people for a year. So, it's just a drop in the bucket, but improvement as far as moisture coming in.

BERMAN: And we'll see more and more of that, to be sure.

JAVAHERI: You bet, absolutely.

ROMANS: All right. Pedram, thank you so much.

Protesters and organizers say they are in the middle of a week of outrage.

(BEGIN VIDEO CLIP)

PROTESTERS: Three. I can't breathe! Four. I can't breathe! Five. I can't breathe.

(END VIDEO CLIP)

ROMANS: Once again taking to the streets coast to coast, denouncing the police killings of unarmed black men.

In Berkeley, protesters marched through downtown, briefly halting traffic on the street's freeway. A plan to take over a city council meeting thwarted when the mayor cancelled it.

Another small crowd of demonstrators in Madison, Wisconsin, stage a die-in at the city county building.

The protest once again finding their way on to NBA court last night. Kobe Bryant and other L.A. Lakers wore "I can't breathe" t-shirts warming up for their games against the Sacramento Kings.

Meanwhile, NYPD officers defending themselves against charges of profiling and racism.

(BEGIN VIDEO CLIP)

PATRICK LYNCH, PRESIDENT, NYC PATROLMEN'S BENEVOLENT ASSOCIATION: I had 31 years in the police department, I've never once heard in a radio call when a call came over, what race are they? What color are they? Who do they love? Where do they live? It's never, ever happened.

We're doing our job well. We're not looking at who the person is, we're looking at the behavior that leads to the interaction with the police. That's the question, the behavior and why someone called the police in the first place. (END VIDEO CLIP)

ROMANS: Students at three major American law schools are asking for finals to be postponed. Columbia, Harvard, and Georgetown and Harvard say they've busy protesting. So far, only Columbia has rescheduled patients because its students are protesting.

BERMAN: Nearly two years after the shooting at Sandy Hook Elementary School in Connecticut. The parents of more victims are planning wrongful death lawsuits. So far, the families of 11 of 20 victims have filed suits. It's not clear who the defendant or defendants would be in these cases. The shootings happened two years ago this Sunday.

ROMANS: We're learning details that Joan Rivers will. The comedy legend named her daughter Melissa as executor of her estimated $150 million estate. She also designated money for a number of charitable causes. She died in September, a week after suffering cardiac arrest at a surgical clinic at a New York clinic. Just this week, she was nominated posthumously for a Grammy Award in the best spoken performance category for her memoir, "Diary of a Mad Diva."

BERMAN: Happening today, NFL commissioner Roger Goodell will unveil a tougher personal conduct policy. This, of course, comes in the wake of the Ray Rice controversy and the severe criticism about how league and commissioner handled or mishandled it. Under the new rules, an accused player will immediately go on paid leave following formal charges or an independent investigation.

The policy would apply to all league personnel including owners. Goodell has said he regrets doing enough in past cases when stronger measures might have prevented future abuse.

ROMANS: Carolina Panthers quarterback Cam Newton is expected to be released from the hospital today after he was injured in a two-car crash near the stadium in Charlotte on Tuesday. He suffered two fractures in his lower back when his truck flipped over. He was kept overnight for observation. It's not known if he will be able to play in the Panthers game Sunday.

BERMAN: Question this morning about the online car service Uber and just how safe it is. Prosecutors in Los Angeles and San Francisco are suing the company, claiming among other things, it lied to and misled customers about the quality of its background checks on drivers and put people who use Uber at risk.

(BEGIN VIDEO CLIP)

GEORGE GASCON, SAN FRANCISCO DISTRICT ATTORNEY: It has claimed that it uses an industry-leading background check process. However, Uber relies on information submitted over the Internet by its drivers instead of finger printing them to ensure that they are who they say they are.

(END VIDEO CLIP) BERMAN: A former driver is being arraigned today for the death last year of a 6-year-old girl in San Francisco. Her family claims the driver was using Uber app on his cell phone to check on a ride request when he struck the girl in a crosswalk.

ROMANS: Uber has had a lot of trouble on the PR front recently. I mean, it was taxi lobby was really pushing --

BERMAN: Be careful saying that because they may investigate you.

ROMANS: You know, they've had a lot of trouble. But the background check thing is really important, especially in country where is they're expanding very, very quickly. You know, they need to make sure the background checks are solid.

All right. Twenty minutes past the hour.

An American couple detained overseas in their daughter's death now cleared. And on the record, about why they believe the U.S. government didn't do enough to help get them back home.

(COMMERCIAL BREAK)

BERMAN: A French citizen held captive for almost three years by al Qaeda is back on French soil this morning. Serge Lazarevic was the last hostage from France held overseas. He was kidnapped in Mali by al Qaeda's North African wing. He was set to touch down near Paris early this morning and meet the president of France. Yesterday, he thanked the president of Niger for helping to negotiate his release. There are reports he was exchanged for five militants in Mali.

ROMANS: The California couple recently freed after two years in Qatar has filed a lawsuit against the company that sent them there. Matt and Grace Huang alleged MWH Global failed to provide security or cultural training, and then fired Mr. Huang in the middle of the battle. The company denies firing him and says it spent hundreds of thousands of dollars on the couple's defense.

Speaking on CNN last night, the couple also says the U.S. didn't act fast enough.

(BEGIN VIDEO CLIP)

MATT HUANG, FREED FROM QATAR: They could have done a lot more a lot earlier. We know that there are individuals in the U.S. government who worked very hard on our behalf. But I feel like the U.S. government was trying to play political gains in order to protect the relationship with the country of Qatar, rather than actually focusing on and doing the right thing to support their citizens imprisoned abroad.

(END VIDEO CLIP)

ROMANS: The Huangs were allowed to return home last week after being cleared on charges of starving their adopted daughter to death. The couple says she had an eating disorder. BERMAN: All right. Twenty-six minutes after the hour.

Controversy this morning and outrage after release of the Senate report detailing CIA tactics following September 11th. Are Americans overseas right now in danger? And could this new report ultimately lead to criminal charges? We'll have the very latest next.

(COMMERCIAL BREAK)