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The Lead with Jake Tapper
Trump's Inauguration Moving Indoors Due To Brutal Cold; U.S. Supreme Court Upholds TikTok Ban, App's Fate Left To Trump; Trump Plans Immigration Overhaul On Day One; Biden Rushes To Create Legacy In Final Days As President; Source: Netanyahu Says He Got "Guarantees" On U.S. Backing For Return To War If Hamas "Sabotages" Gaza Deal. Aired 4-5p ET
Aired January 17, 2025 - 16:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[16:00:00]
BRIANNA KEILAR, CNN HOST: The moon included, because its home to tranquility base, the place where humans first set foot on the lunar surface. Neil Armstrong's boot print is preserved there, along with more than 100 other artifacts from the Apollo 11 mission.
And this fund warns the increase in space exploration and tourism underscores the universal need for proactive measures to protect humanity's legacy on the moon.
And "THE LEAD WITH JAKE TAPPER" starts right now.
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JAKE TAPPER, CNN HOST: A presidential inauguration has not been held indoors since 1985.
THE LEAD starts right now.
A major change of plans for the second inauguration of President-elect Donald Trump. Plans for an outdoor swearing in have been scrapped because of a frigid forecast. And organizers are right now scrambling to move the ceremony inside.
Plus, the U.S. Supreme Court allowing the controversial TikTok ban to remain in place. So how will it be enforced? Will Trump keep the app alive? We're going to break down what could come next.
And with just three days left in office, President Biden is trying to add to his legacy. He's been commuting convictions, solidifying his opinion on the Equal Rights Amendment. But using the power of his presidency in these waning days is coming with a lot of criticism.
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TAPPER: Welcome to THE LEAD. I'm Jake Tapper.
And we begin with breaking news in both our political and national leads. President-elect Donald Trump's inauguration plans have been totally scrambled because of the forecast for bitterly cold weather. The president-elect swearing in ceremony, set for noon on Monday on the specially built platform on the west side of the U.S. Capitol, is now being moved indoors because of the weather forecast. The coldest air so far this winter begins spilling into the U.S. this weekend.
By Monday morning, forecasters say much of the country will be well below freezing. We're talking temperatures that will be dangerous to plants and animals and water pipes, and especially to people.
President-elect Trump says he ordered the ceremony to be in the U.S. Capitol rotunda because of the cold. D.C. is in for its coldest inauguration day in 40 years.
Back in 1985, that's the last time this happened, I was 16 years old, the noontime temperatures of seven degrees forced the public events of Ronald Reagan's second inauguration to be moved inside to the Capitol rotunda, and the cancellation of the inaugural parade.
And there's other historical precedents. According to the Joint Congressional Committee on inaugural ceremonies, our ninth president, William Henry Harrison, delivered a very long inaugural address in March 1841 during, quote, a bitterly cold, wet day. And William Henry Harrison died a month later of pneumonia, believed to have been brought on by prolonged exposure to the elements, on his inauguration day, unquote.
William Henry Harrison was a relative spring chicken compared to our current president. He was only 68.
Fast forward to now, our correspondents and meteorologists have been busy keeping up with all the inaugural changes for 2025.
Let's start with CNN's Lauren Fox on Capitol Hill.
So, Lauren, all that work building that huge inaugural platform is for naught.
LAUREN FOX, CNN CONGRESSIONAL CORRESPONDENT: Well, and the work is already underway. Jake, inside, were already beginning to see the formation of a stage that we expect the incoming president, Donald Trump, to stand in as he is sworn in as the president of the United States in just a few short days.
Meanwhile, there are a lot of questions right now. A lot of offices have been giving out tickets to constituents, and there's questions about exactly who will be allowed inside the rotunda. As you can imagine, the presidential platform outside, it holds more than a thousand people. Meanwhile, inside the rotunda, they can fit only a few hundred people. So that certainly is going to cool the list.
We have gotten a new statement from the joint congressional committee on inaugural ceremonies. They say, quote, as a result, the vast majority of ticketed guests will not be able to attend the ceremonies in person at this time. We know that those with tickets for the presidential platform and members of Congress will be able to attend in person. While we know this is difficult for many attendees, we strongly support people who are in Washington for the event to attend other indoor events at indoor venues of their choice to watch the inauguration.
Now, we should note that the inaugural committee will always make contingency plans for weather events or other obstacles that may get in their way. So this planning, while certainly they are trying to scramble behind the scenes, is not starting from square one, Jake.
TAPPER: Steve Contorno is in touch with the Trump team. He joins us from southern Florida. Steve, what are they telling you about the change in plans?
STEVE CONTORNO, CNN REPORTER: Jake, this is not a decision that Trump's team made lightly.
This is an event that Donald Trump has been envisioning really since he left Washington, D.C., four years ago. And he, of course, is someone who has always been fixated on crowd size and the esthetic of his events. He continued to hold outdoor rallies even after a gunman nearly took his life and exposed the security threats at some of these open air rallies.
So they were really looking forward to a large outdoor event, a global event with world leaders and CEOs from some of the largest companies. But they ultimately came to the conclusion that the weather was too much of a challenge to overcome.
And Trump telling his supporters on truth social breaking the news to them earlier today saying, quote, it is my obligation to protect the people of our country. I don't want to see people hurt or injured in any way. It is dangerous conditions for the tens of thousands of law enforcement, first responders, police, canines and even horses and hundreds of thousands of supporters that will be outside for many hours. He went on to say that he thinks the indoor event will be a, quote, very beautiful experience, especially for those watching on TV.
One thing unsaid in his remarks is the fact that he is 78 years old. He is someone who will be the oldest president when he is sworn in. That is not something that he would ever probably publicly acknowledge went into this decision, but it certainly is a reality, Jake.
TAPPER: CNN meteorologist Derek Van Dam is in the CNN extreme weather center for us.
And, Derek, inaugurations are always scheduled to fall in the depth of winter, at least in modern times. But Monday's temperatures are going to be extremely low.
DEREK VAN DAM, AMS METEOROLOGIST: Yeah, this is a significant logistic development as well, logistical development. And we have to go back to 1985 for Ronald Reagan's second inauguration, when we had the coldest inauguration day ever, seven degrees for that noontime temperature. It won't be that cold on Monday of next week for the inauguration of Donald Trump.
However, it will feel that way on your exposed skin. The feels-like temperature or wind chill values dropping into the single digits. This is what authorities are warning for, and this is what we're bracing for across the mid-Atlantic and throughout much of the Eastern Seaboard. As this arctic blast of air settles in across the eastern two thirds of the country. And not to mention, to complicate further matters, there's a snowstorm coming on Sunday that will impact the greater Washington, D.C. region and the New England coast line. That layers a fresh blanket of snowfall across this area, including the nation's capital, and that will lock in the cold and make this one of the coldest inauguration days in four decades -- Jake.
TAPPER: All right. Derek Van Dam, along with Lauren Fox and Steve Contorno, thanks so much.
Let's bring in our panel here.
Jeff Zeleny. I'll start with you.
D.C. police and the Secret Service have been preparing for tens, if not hundreds of thousands of people in the National Mall and Pennsylvania avenue to watch the inaugural. Now, there won't be anything to see. As far as we know as of right now. Trump also posted that the inaugural parade will be moved as well inside D.C.'s Capital One Arena. This is just a huge logistical security challenge.
JEFF ZELENY, CNN CHIEF NATIONAL AFFAIRS CORRESPONDENT: For sure. I mean, definitely a logistical one.
He's already scheduled to have a rally at the Capital One arena, which is not far from the Capitol, a mile or so, on Sunday afternoon. But they're going to have an indoor parade and a watch party of sorts.
So, look, a lot of Trump supporters and others are already in Washington making their way to Washington, if not. So that's the question. As Lauren was talking about all these people with -- who thought they were going and getting prime seats now are not.
But the reality here is that the Trump campaign and the Trump soon to be presidency is focused on a lot more that day than just this inaugural. He's going to be signing executive orders and other things.
So the reason that this was done, obviously, is to focus on the matter at hand and not to have there be any distractions. But I cannot think or help to think back to eight years ago, when he was so fixated by the crowd size.
That is something that really hung over the entire beginning of his presidency, and it became a joke, and it was a challenge for Sean Spicer, as we know, and other things. I was in the briefing room that day.
So was that a reason? Was the president worried about the crowd size? Obviously, the weather is a huge concern, but right now, there's a weekend scramble underway.
For him, it will look fine on television and that is what matters most. Reagan did it in 85 and he will do it in 2025.
TAPPER: Yeah. Ashley Davis, who once worked for the Department of Homeland Security.
This has to be a big disappointment to the tens, if not hundreds of thousands of Trump supporters coming to D.C. what will they do now? It won't be safe or comfortable to be outside at all.
ASHLEY DAVIS, FORMER G.W. BUSH HOMELAND SECURITY OFFICIAL: No, absolutely. And first and foremost, I do 100 percent feel sorry for the people that have come in that have been super excited. All the staff that have been working on this, but I think it was the right decision.
But from the homeland security perspective and from the -- security perspective, its going to be extremely difficult. Even if they move everything to Capital One, it's going to be a logistical nightmare for the -- from that perspective.
But also, I was in the West Wing -- in the Oval, the day at 12:01 under Bush in 2000, when the actual handover of power from Clinton to Bush happened, and moving all the furniture out. And we do need to remember from what is happening on Monday is obviously all these parties and the crowd size and everything else, but this is a transfer of power and watching this happen for our country and watching that, and this time, it will be because of Joe Biden's leadership, will be a good transfer of power, that that's what's really important that day. And that's something that I think that we lose because we are all talking about, actually the parties. And that's not the most important part.
TAPPER: Ashley Allison, Trump's day one ceremonies are going to be different. He's still expected to issue a stream of executive orders. I'm sure some of them will be not received warmly by -- by your Democratic Party. Do you think just about everyone in D.C. is going to be cold and unhappy by the end of Inauguration Day?
ASHLEY ALLISON, CNN POLITICAL COMMENTATOR: That we all may be unified in that way? Yeah, I do, I will also, I worked on Biden or Obama as -- well, both Obama and Biden inauguration. It is a lot of work. You work for months and you're -- the glory of it --
TAPPER: The logistics alone.
ALLISON: Yeah, the logistics of it, the parade. Look, I am not a Trump supporter, but I do feel bad for the folks, the working class people who -- who use their money to come to see a part of history, I do have -- I have --
TAPPER: Sympathy.
ALLISON: -- sympathetic -- sympathy.
TAPPER: Well, hopefully, they got tickets to some of the entertainment, some of the balls, we hope so, some of the headliners for some of the entertainment include Jason Aldean, Snoop Dogg, Rascal Flatts, Nelly, Kid Rock, the Village People, Carrie Underwood dispersed throughout different events. I think Snoop is at the like a crypto ball or something, but he's
definitely, Jeff, having an easier time booking entertainers this time.
ZELENY: No doubt about it. I mean, everything is -- almost everything is different than eight years ago from the people. The resistance has not gone away, but it's much more hidden and underground, if you will. I mean, the high tech people are rushing to sit with him. I mean, who's going to get seats in the rotunda.
Now, that's probably the best question here. Who gets the seats? I mean, does Zuckerberg still get a seat? Does Elon Musk get a seat? We shall see.
DAVIS: All day with Senate Republican offices that are trying to figure out what this all means and do all of them get them.
(CROSSTALK)
ALLISON: Let me tell you, if you if you were strategic as an inaugural committee, you would cut this piece of the pie up. So you had everyday Americans and billionaires. And if he doesn't, it's a signal on day one who you want around you.
TAPPER: So in 2017, R&B singer Chrisette Michele lost -- lost some fans when she performed at an inaugural ball for Trump's first inauguration. At the time, she said she accepted the invitation, hoping to be a bridge in the wake of so much division. After the 2016 election.
I don't think anyone's going to have to explain themselves this time. Or am I wrong?
ALLISON: I -- okay, I have been in this purgatory almost between election day and inauguration day, where Trump is actually behaving a lot different than he did eight years ago, which allowed for --
TAPPER: If you don't read Truth Social.
ALLISON: Fair enough. Yes, which I don't. If you didn't know, and I think that repercussions for aligning will Trump will come within the first hour of his when those executive orders start coming down.
And you remember the campaign promises he made good on and that he didn't give the details. The devil is always in the details. And when they start getting rolling out, I don't know if Snoop will lose. You know, Snoop and Chrisette were never on the same level, so I don't know if Snoop will lose any fans and following, but people will have to answer if people do suffer under Donald Trump, why they supported him this go round.
DAVIS: I said to Ashley earlier, I'm like, oh, my God, we actually have a few cool people. I mean, like Republicans are not known for having cool celebrities.
TAPPER: And you have a lot of them. ZELENY: Except country singers who are very cool to large swaths of the country, including where I'm from.
TAPPER: Jeff's from Nebraska. It's a huge --
ZELENY: Garth Brooks.
TAPPER: He takes umbrage.
DAVIS: But Snoop's audience is the everyday American, which is Trump's audience. So it is going to be --
TAPPER: Well, so is -- so is Jason Aldean's audience and Rascal Flatts' audience.
ZELENY: And Carrie Underwood's. I mean, I remember Garth Brooks performed four years ago for Joe Biden. So I think it's nice these people are performing. I would be very --
TAPPER: Village People performing.
ALLISON: What is Nelly going to perform?
DAVIS: Well, of course, yes.
ZELENY: Great question. We'll talk about it --
TAPPER: Once again. I implore the people who are enjoying the Village People to read up what YMCA is actually about.
ALLISON: Yes, I do.
ZELENY: Most different --
(CROSSTALK)
TAPPER: -- political song since "Born in the USA".
ZELENY: It's a different Village People, a group this time. There's not a single original member in the Village People.
TAPPER: Oh, little, little Village People arcana, I like it. Jeff Zeleny --
ZELENY: I know.
TAPPER: -- representing Nebraska and Village People fans, thanks so much.
ZELENY: Little men.
TAPPER: You can stay warm and get better close ups of all the inauguration events from home, just tune in to CNN. I'll be leading our special coverage bright and early at 8:00 Eastern Monday morning. I'll actually be there at 7:00, but we're told to promote 8:00.
[16:15:03]
Once Trump takes office, what is his plan for TikTok now that the U.S. Supreme Court has upheld a ban on the app? Is he going to enforce it? Did he drop a hint today?
We're also going to talk about today's U.S. Supreme Court decision with the lawyer who represented the group of TikTok users who took this case to court in the first place.
And the tedious task of investigating the California wildfires. An exclusive look at that process, coming up.
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TAPPER: Our tech lead now, the idea of a TikTok ban was born during the first Trump presidency. But now, will President-elect Trump lead the push to save TikTok? Seems like a good bet.
Today, the U.S. Supreme Court upheld the bipartisan law to ban TikTok. Mr. Trump told CNN he talked to Chinese President Xi Jinping about options to save the popular app in the United States. Plus, the TikTok CEO will attend Trump's inauguration alongside other tech CEOs.
The central allegation against TikTok is that the company's ties to the Chinese government pose a national security risk to have the Chinese government be able to access phones and use the TikTok app for whatever purposes it wants.
[16:20:03]
Here to discuss is Jeffrey Fisher, the lawyer who represented the group of TikTok creators who challenged the ban.
And, Jeffrey, you argued this ban violates the First Amendment. You're obviously disappointed in the Supreme Court decision. But as for the president-elect's plans, Trump said on Truth Social today, his decision will be made, quote, in the not too distant future. And he needs, quote, time to review the situation.
Do you have any insights into what President Trump is going to do and whether he's going to, quote/unquote, save TikTok?
JEFFREY FISHER, ATTORNEY REPRESENTING TIKTOK CREATORS: I don't have any direct insights, but we can glean from the administration, the current administrations issuances today, that it says the implementation of the law is now up to the new administration, coupled with President Trump's statement you just mentioned, gives us some hope that after the -- even after the court's decision today, which clarified that the law is constitutional, at least as a data security means, not as a means of controlling the content on TikTok, that incoming President Trump and the new administration can take a look in light of that guidance from the Supreme Court and the overwhelming need for this platform as a means of free expression and free engagement in the country.
TAPPER: You wrote a letter to President Biden and Attorney General Merrick Garland, asking the Justice Department to pause enforcement of the ban on TikTok. And as you just said, Biden seems to be signaling he doesn't plan to enforce that ban, saying that will be up to Trump.
Still, did you get a response to the letter? What would a pause allow you to do?
FISHER: We haven't gotten a direct response, so we're still waiting. We think from what we've heard already, that their signal that the implementation is up to the new administration already suggests that they don't plan on enforcing it. But just given the nature of the law and how many people in the country are watching this and the various other tech platforms that are that themselves host TikTok? We're just seeking additional clarification that there's a little breathing space for the new administration to come in and take a fresh look at this and perhaps engage with others on Capitol Hill as well.
TAPPER: The U.S. Supreme Court and Congress did not agree with your argument that TikTok -- TikTok ban is a violation of the First Amendment. What do you think about the concerns over national security implications? The Chinese government is a U.S. adversary. Chinese government could theoretically use TikTok to weaponize the data of millions of Americans, or use it to push propaganda.
FISHER: Right. Well, as you just described, there are two very different arguments that the government put forward in this case. One is a concern that content on the app would favor Chinese interests or somehow undermine U.S. interests at home. And that's an interest that the Supreme Court refused to credit. Indeed, Justice Gorsuch said, that is antithetical to the First Amendment. We have to be powerful enough in this country to engage with here. And, you know, often resist ideas that are threatening to our democracy.
And so that interest is now off the table. There's a second interest about the data that TikTok, like any other social media platform, procures from its users and uses in various ways. And so our view is, look, if that's what your concern is, you don't have to shut down the app to meet that concern. There are other ways through, whether it be legislation or other tactics of just barring sharing of data or procuring of data that can address any of those concerns.
And that's why I say I think a fresh look is all the more warranted now that the Supreme Court has, in a sense, narrowed the justifications for any kind of regulation of TikTok on these grounds.
TAPPER: It's interesting because I don't think Congress would be willing to do that in terms of legislation banning access to data, because that is how social media companies make their money. We are all of us, all of us who are on these apps, whether it's a TikTok or Instagram or X or whatever. We're the product, you know, that's the whole thing here. And so if they did that, they would annoy Elon Musk and Mark Zuckerberg and all those other tech people that are giving politicians money.
FISHER: Well, you're right. I mean, I think data procurement and usage in the social media world goes far beyond TikTok. It's just an industry practice, and TikTok is my understanding, no different in any meaningful way from these other applications?
All we're saying, though, is if that's what you're worried about, you know, address that head on. And it doesn't mean that you can -- that you ought to ban, whether it's TikTok or anybody else, from procuring data. It's -- I think, the interest that the government put forward here is the potential to share it with foreign companies and ultimately to have the Chinese government get their hands on that data.
So there are ways to, you know, the company itself told the Supreme Court there are ways to allow TikTok, the U.S. company, to procure the data it needs to run the app properly, but prohibit it from sharing that data with any third parties that might lead to the kind of problems the government is worried about.
[16:25:09]
TAPPER: All right. Jeffrey Fisher, thanks so much. Really appreciate your time.
FISHER: My pleasure. Thanks for asking.
The nominee who will be responsible for many of Trump's immigration plans, testified on Capitol Hill today. So is South Dakota Governor Kristi Noem on her path to being confirmed?
I'll ask a senator who questioned her. That's next. Plus, the actions President Biden is taking as he tries to cement his legacy during his final days in office.
Stay with us.
(COMMERCIAL BREAK)
TAPPER: In our politics lead, sources tell CNN that President-elect Donald Trump's team is finalizing an aggressive deportation policy with stricter immigration rules that will affect undocumented immigrants already here in the United States and migrants seeking asylum at the U.S.-Mexico border.
[16:30:13]
Tasked in part with enforcing Trump's immigration policy would be his pick to lead the department of homeland security. That's South Dakota Governor Kristi Noem, who had her confirmation hearing earlier today. Questions do remain over who will truly be in charge of this immigration policy and the Department of Homeland Security behind the scenes, is it going to be Governor Noem, or will it be Trump's border czar, Tom Homan, who is not subject to Senate confirmation?
Democratic Senator Andy Kim of New Jersey is here. He's tried to get exactly at that issue at today's hearing.
And, Senator, let me start there, because you asked Governor Noem directly about Homan's potential involvement with the Department of Homeland Security and who is ultimately responsible for the border. Here's part of that exchange.
(BEGIN VIDEO CLIP)
SEN. ANDY KIM (D-NJ): Will he be giving orders directly to CBP, ICE, USCIS?
KRISTI NOEM, HOMELAND SECURITY SECRETARY NOMINEE: The -- Tom Homan has a direct line to the president, he is an advisor to the president, the border czar. I -- obviously will be, if nominated and confirmed and put into the position of being the Department of Homeland Security secretary and responsible for the authorities that we have and the actions that we take.
(END VIDEO CLIP)
TAPPER: So I'm trying to make out what that means, because obviously the question is, correct me if I'm wrong, is Tom Homan going to be giving you orders as opposed to President Trump giving you orders? I didn't hear an answer, did you?
KIM: I didn't have an answer that gave me any clarity. And that's what I was going into. I mean, we saw when President-elect Trump announced Tom Homan's role, he said he will control the border. And when we hear Tom Homan talking in interviews, he says, I'm making the decisions. And that's a conversation I can't have with him because he doesn't come before the U.S. Senate. And so I'm concerned about that.
You know, Congress very clearly put the Department of Homeland Security in charge of these entities, these agencies. But if it's going to be someone that is not subject to congressional oversight that's running this, that's going to be something that I'm concerned about even further.
TAPPER: Beyond the lack of accountability for a czar, which has always been an issue, and during the Obama years, Republicans were very concerned about all the czars. Not so much today. But beyond that issue of accountability, do you have issues about Tom Homan?
KIM: Well, first of all, you know, we don't have the ability to talk to him and be able to engage more deeply. But what I see it as is a -- it's a another example of a fundamental undermining of our government system. The work that we're trying to do that I'm worried about. You know, for instance, we had before the homeland security committee, Russell Voight, who is seeking nomination for OMB.
You know, again, somebody who was one of the lead authors of project 2025, somebody who came up with the idea of schedule f, which, again, would allow the president incredible capacity to be able to fire anybody in the executive branch. And I say that as someone who used to be a civil servant.
So what we see is just efforts to try to undermine the systems that we have in place that I just find to be really alarming in terms of the amount of control that its giving to President-elect Trump to be able to do, really, whatever he wants without the kind of oversight and checks and balances that our Founding Fathers put in place with the Constitution.
TAPPER: It seems like a number of your colleagues, Democratic colleagues, are signaling a willingness to work with the Trump administration on issues like border security from across the river. Senator Fetterman from Pennsylvania, went down to Mar-a-Lago. I think he's supporting the Laken Riley Act, et cetera.
Is that your attitude about the immigration and border policies coming in, or do you have lines that you won't cross?
KIM: Well, even before November 5th, I've shown willingness to be able to work with whoever it is that's in charge. For instance, when it comes to, you know, addressing the backlog of migrants, you know, this is one of the biggest issues that we hear about. We have over 3 million pending immigration cases in the United States. That's causing a huge surge of migrant populations and cities and communities. I think we should have full agreement that we want to address that.
But when you have only 680 federal immigration judges, you know, you're not going to actually meaningfully be able to address that problem. And that's something that I've raised with -- with Governor Noem before in my conversations with her. And if she's appointed and if she gets through confirmation, that's something I hope we can engage on.
There are places where we should be able to find agreement. I believe that, yes, we are a sovereign nation. We should be able to have control over our sovereign borders, air, land and sea. But what we want is an orderly process to be able to do that.
TAPPER: Have you made up your mind about how you're going to vote on Kristi Noem's nomination, or any of Trump's nominees?
[16:35:02]
KIM: I'm still working through the process when it comes to Governor Noem. I thought, you know, going through -- I'm trying to listen in to the rest of the confirmation hearing that I wasn't there in person on.
But look, when it comes to, for instance, Secretary of State nominee Marco Rubio, I worked at the State Department. I was a career public servant there. He is someone I have disagreements on in policy about some efforts in terms of where we prioritize. But he's somebody that I believe can fundamentally do the job, and some of that I actually think will be someone I can work with.
Well, so he is someone that I can say I will support Marco Rubio on a floor vote in the United States Senate.
But when it comes to someone like Pete Hegseth, again, I worked at the Pentagon before, in the office of the secretary of defense. I saw that job up close and personal, and he has, you know, given all the dynamics that we have globally right now, this is the most dangerous, chaotic, global moment that we've had in probably 100 years, a multi- polar world, so many challenges, multiple conflicts. I don't believe that he is ready to be able to take on that job at
such a vitally important moment for our nation, so that he is someone that I will vote no on, on the floor of the U.S. Senate.
TAPPER: All right, just a quick round here. Give me. Yes. No or haven't made up your mind.
Kash Patel?
KIM: Well, he's actually the person I probably have the biggest concern with right now. I have not said it publicly. I'm still trying to see if I have a chance to meet him in person, but I think in particular, the FBI, given its dynamic, given its role that it plays, the fact that it has, you know, in some ways it operates somewhat as a paramilitary operation, you know, have him in charge, I think would be very concerning. So that's at the top of my list of my concerns. I have not said publicly yet, as I'm still hoping to see if I can meet.
TAPPER: You're not abiding by my rules of yes, no or still waiting. I still haven't made up my mind. You obviously -- you're --
KIM: A lightning rod, right?
TAPPER: Obviously, you're taking to the Senate very well.
Last one, RFK, Jr., yes, no, haven't made up your mind?
KIM: I haven't made up my mind.
TAPPER: Okay, Senator --
KIM: Have a hearing before our committee on him.
TAPPER: So you're already a senator. You can't answer questions with one word. That's what happens. It's the first sign you've become a senator.
KIM: There we go.
TAPPER: Thank you so much. Good to see you, Senator. Thanks so much for being here.
Also in our politics lead in his last hours in office, President Joe Biden racing to create a lasting legacy, issuing several executive actions. He issued clemency for close to 2,500 nonviolent drug offenders. He stated his opinion that the Equal Rights Amendment is ratified. But what impact, if any, will that have?
CNN senior White House correspondent M.J. Lee takes a look.
(BEGIN VIDEOTAPE)
JOE BIDEN, PRESIDENT OF THE UNITED STATES: It's one of the last events that I'll be doing as president.
M.J. LEE, CNN SENIOR WHITE HOUSE CORRESPONDENT: President Joe Biden taking some of his final actions as president as he prepares to leave the White House in just three days.
REPORTER: Do you plan to talk to Trump before inauguration?
BIDEN: No, it's coming up really quick. I'll see him at the inauguration.
LEE: Biden, who will hand the reins back to Donald Trump on Monday making a series of 11th hour moves to burnish his one term legacy.
BIDEN: It will take time to feel the full impact of all we've done together.
LEE: On Friday, Biden, exercising his clemency power, commuting the sentences of nearly 2,500 people convicted of nonviolent drug offenses. Advocates and Democratic allies celebrating the announcement, which marked the broadest commutation of individual sentences by any U.S. president.
SEN. RAPHAEL WARNOCK (D-GA): What incredible news coming out of the White House. Clemency petitions granted acknowledging the long injustice and the huge disparity between crack and powder cocaine convictions.
LEE: Biden also declaring on Friday that the Equal Rights Amendment has met the requirements for ratification and therefore is a part of the U.S. Constitution.
The amendment, passed by Congress in the 1970s, guarantees equal rights for women.
BIDEN: The Equal Rights Amendment is the law of the land now. It's a 28th Amendment to the Constitution.
LEE: Biden's statement has no legal force, and the U.S. president does not have an official role in approving constitutional amendments. Still, advocates cheering on the action, hoping it will strengthen the amendments legal standing in any future court battles.
Inauguration day will mark the end of Biden's five decades in public life, a moment that comes four years sooner than the president had once hoped.
BIDEN: Serving as your president has been the honor of my life. But while my -- my term in office is ending, the work continues.
(END VIDEOTAPE)
LEE (on camera): And, Jake, the presidents final trip as president will be to Charleston, South Carolina, on Sunday, a symbolic choice given that this is the state that ultimately saved the president's 2020 campaign and then post inauguration, he is set to travel with the first lady to California for a west coast trip, and that trip will mark the last time that they board the presidential aircraft -- Jake.
TAPPER: All right. M.J. Lee at the White House for us. Thank you so much. We're going to go live to the Middle East next, where we could see
some pretty powerful images in the next 48 hours as hostages being held by the terrorist group Hamas are released.
[16:40:08]
And a ceasefire in Gaza goes into effect. What's being done this hour to make sure that plan holds? That's next.
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TAPPER: Topping our world lead, a ceasefire and hostage deal between Israel and the terrorist group Hamas is now clearly on the horizon. Israel's full cabinet has been meeting for hours and is expected to cement that agreement. But that ceasefire might be temporary.
Sources tell CNN that Israeli Prime Minister Benjamin Netanyahu says he has guarantees from Americans that if Hamas sabotages part of the deal, the U.S. would back Israel's return to fighting in Gaza.
CNN's Jeremy Diamond is in Tel Aviv.
And, Jeremy, that's not what the Biden administration is saying publicly, presumably these reassurances are from the Trump team.
JEREMY DIAMOND, CNN JERUSALEM CORRESPONDENT: Well, it depends exactly how the Israeli prime minister is saying this and how he is spinning it to his right wing audience inside his government, who very much wants him to go back to war at the end of this first phase. On the one hand, the Biden administration has made clear that, look, getting to the phase two and three is indeed part of a negotiation. If Hamas violates the terms of this deal, if they're not negotiating in good faith. And sure, the Israeli government has every right to go back to war.
It's another thing entirely. If the Israeli prime minister is trying to suggest here that both the Biden and Trump administrations support him returning to war. You know, at the end of the first phase, just because he's not satisfied with the way that the negotiations are going.
And so the devil certainly is in the details here. But the Israeli prime minister, make no mistake, he still has a big problem with the right flank of his government, and it is going to be something he's going to have to confront as we get down the line of this six week ceasefire, in terms of whether or not it can be extended.
TAPPER: Jeremy, we're getting more information about the 33 hostages expected to be released in this first round. Tell us.
DIAMOND: Yeah, that's right, Jake, this list of 33 hostages isn't official, but its being widely reported here in Israeli media. Among them, you have the two children, five women, ten men over the age of 50, 11 men under the age of 50. And those five female Israeli soldiers who have been held from that Nahal Oz base along the Gaza border. We do expect that the first hostages to be released will be three
female civilian hostages on Sunday. Among this list, Jake, we also have two American citizens who have been held since October 7th, some of whom who our audience will be very familiar with.
The families, of course, have started to get to be notified by the Israeli government that their loved ones are on this list, but they just don't know exactly when they will be getting out.
TAPPER: All right. Jeremy Diamond in Tel Aviv for us, thank you so much.
Coming up, CNN's exclusive look, as investigators try to trace the source of the deadly California wildfires. And later, a retired astronaut will be here to give us his take on yesterday's SpaceX rocket explosion that saw debris falling over Caribbean beaches.
Stay with us.
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[16:51:07]
TAPPER: In our national lead, Los Angeles is finally getting a break from those Santa Ana winds that fueled some of the most destructive fires the city has ever experienced.
As of now, we know of 27 people who lost their lives in the Palisades and Eaton Fires. The Palisades Fire is now at 27 percent containment, with no growth over the last 72 hours and more than 90 percent of the homes in the Eaton Fire have been searched.
Now the investigation starts with the ATF, the Bureau of Alcohol, Tobacco, Firearms and Explosives will lead.
Josh Campbell is in Pacific Palisades for us and has an exclusive look at the investigative process.
(BEGIN VIDEOTAPE)
JOSH CAMPBELL, CNN SECURITY CORRESPONDENT (voice-over): Blocks away from the devastating aftermath of the Palisades Fire along the scenic shores of the Pacific ocean sits the ATF mobile command center, where agents and analysts are working around the clock to determine what caused the deadly blaze that destroyed thousands of homes and businesses and displaced countless residents.
They are the nations foremost arson investigators, who were also brought in to help solve the deadly boat fire off the coast of Santa Barbara in 2019. The Lahaina wildfire in Maui in 2023, even fires intentionally set during the social unrest across the nation in 2020.
Right now, there's an ATF truck that's at the scene. What are they doing?
CHRIS FORKNER, TEAM SUPERVISOR, ATF NATIONAL RESPONSE TEAM: They're up there trying to determine the area of origin, but what they're doing is they're collecting data from the fire scene. We're looking for the fuels that were there. We have to consider the type of fuels that were on the ground.
Obviously, this isn't a largely forested area, so it's got a lot of ground fuels and surface fuels. We have to take those into consideration. We look at the topography. We consider the weather.
CAMPBELL: The ATF has national response teams and trucks stationed across the country. We previously caught up with one team deployed to the scene of a suspected arson.
DIXON ROBIN, ATF SUPERVISORY SPECIAL AGENT: This does have a lot of the specialized equipment and evidence packaging, materials, testing supplies.
CAMPBELL: While cutting edge technology is used in solving fire cases, skilled ATF investigators start with the basics.
ROBIN: One of the first questions beyond where did this start is how did this start? And is it a crime?
CAMPBELL: The search for clues can be tedious.
ROBIN: We might be looking for very, very tiny things. Something maybe smaller than your fingernail, and it just takes the time and the wherewithal to dig and get down on your hands and knees to make that happen.
CAMPBELL: ATF personnel tell me that potential arsons are among the most difficult things they investigate, because any possible evidence of a crime could quite literally go up in flames.
In addition to forensics, investigators say witnesses are key.
FORKNER: Our first witnesses and first and fire companies are always critical, and we as a routine are always interviewing those personnel. They provide such good information for us. We take that all into perspective and consideration and take all those data points in context, and we can start applying theories to how these fires may have started.
CAMPBELL: While officials understand the investigation may place a burden on anxious residents who want to return to what may be left of their homes, the ATF says it's trying to get the community answers to what caused this catastrophic tragedy.
Whether there are civil or criminal ramifications, there's a lot riding on your conclusion here. Does that give you pressure?
FORKNER: Absolutely. We can't let emotion and community pressure or political pressure drive our investigation. As law enforcement and fire investigators in general, we have one shot to do this, right.
(END VIDEOTAPE) CAMPBELL (on camera): And, Jake, the fires aren't out yet, but there's already a lot of investigative work going on behind the scenes. I'm told that ATF K-9s that are specially trained to sniff out chemical accelerants are being used. That could help determine whether the fire was intentional.
Authorities say there's no indication yet that this was criminal in nature. But they say as far as the cause of this deadly fire, they haven't ruled anything out -- Jake.
[16:55:00]
TAPPER: Josh Campbell in Pacific Palisades, California, for us, thank you so much.
Today's breaking news, the major change in plans for Monday's inauguration, the swearing in ceremony for President-elect Trump will happen inside, not outside, because of a forecast of frigid weather. What CNN's Kaitlan Collins is now hearing from the Trump camp about the big move. That's next.
(COMMERCIAL BREAK)
TAPPER: Welcome to THE LEAD. I'm Jake Tapper.
This hour time is running out for TikTok, TikTok, TikTok. After the Supreme Court rules a ban on the app can take effect this weekend, Sunday, to be precise. So what exactly will happen on Sunday? Will the app on your phone just stop working? Is there anything anyone can do at this point to stop the ban?