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Pence Put On Witness List In Georgia Election Case; Fulton Co. D.A. Slams Election Interference Allegation By Trump's Attorney As "Ridiculous"; Colorado Supreme Court To Hear Trump 14th Amendment Challenge; Netanyahu: Hamas Leader's Home Surrounded By Israeli Military; Leaked Audio Reveals Fury Of Freed Hostages At Netanyahu; TX Suspect Facing Capital Murder Charges For Multi-City Killing Spree; House GOP Threatens Contempt Action Against Hunter Biden If He Doesn't Appear At Closed-Door Deposition Next Wednesday. Aired 1:30-2p ET

Aired December 06, 2023 - 13:30   ET

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

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[13:32:35]

BORIS SANCHEZ, CNN HOST: Now to a CNN exclusive in the Georgia 2020 election subversion case against Donald Trump. CNN has learned that Fulton County prosecutors have submitted their secret list of witnesses for trial. And one name among the roughly 150 stands out, former Vice President Mike Pence.

Let's get some analysis now with white collar defense attorney and Columbia Law School lecturer, Caroline Polisi.

Caroline, thanks for sharing part of your afternoon with us.

So Pence has already appeared as a witness before a federal grand jury, part of the federal election subversion case. How could his testimony impact the case in Fulton County, Georgia, specifically?

CAROLINE POLISI, WHITE COLLAR DEFENSE ATTORNEY & LECTURER, COLUMBIA LAW SCHOOL: That's right, Boris. We've known for a while that he was called by Jack Smith's special grand jury in D.C. for the federal case.

As it pertains specifically to Georgia, I think Fani Willis could use Mike Pence to her advantage. Remember, he was sort of the focus point of that pressure campaign that Trump placed on him not to certify the election and to facilitate the false state electors.

It's not surprising that Fani Willis would like his testimony in her state RICO case.

SANCHEZ: Another hotly contested subject in the courtroom has been scheduling. The prosecution has called claims by Trump's team, of them scheduling the start date for August, is, you know, election interference. They called that ridiculous.

I'm wondering how you see it. And also, whether Trump's team has any potential mechanism to try to delay beyond August? POLISI: Yes, I mean, I definitely think that they will try to delay

beyond August. And they've got good arguments and legal arguments.

What's not a good legal argument is to say they prefer to be tried later because he's running for president.

It's kind of like saying, you would prefer to be tried later because you got some job interviews coming up. It doesn't work that way.

On the other side of the coin, he should be treated like any other defendant, and wanting to get the trial in quickly, before the election cycle, also isn't really not a viable argument from the state side.

So I really doubt it that this case will actually go to trial in August. I think that's a long shot by Fani Willis and her team.

And remember, Boris, President Trump -- President Trump's lawyers have said that they believe that this case would be stayed. Meaning, it would not go to trial until 2029 if he were to be elected president.

[13:35:07]

So we will see if they can get it in before the election.

SANCHEZ: Yes. The question of whether Trump could even be on the ballot in Colorado is actually in court today. There's an appeals court looking at a decision recently made by a judge there that essentially said that Trump did commit insurrection.

But the way that Section III of the 14th Amendment, as written, it doesn't specify that a president wouldn't be able to run for office having been found to commit insurrection.

I'm wondering how you see that case stacking up.

POLISI: Yes, this was a shocking decision, to be sure. This was kind of a sleeper case on the sidelines.

It's a wonkish constitutional law argument that basically says, you know, Section III of the 14th Amendment, which was ratified post-Civil War, it says that any person that has taken an oath of office and commits an insurrection cannot thereafter hold office.

And what is surprising that the Colorado judge did is she held that while Trump did engage in insurrection, that it doesn't apply to the office of the presidency, which is odd because sort of put the harder hurdle to meet there is that insurrection portion.

And today, it's going to this Colorado Supreme Court. So we'll see what they have to say. Both sides have appealed on a number of issues.

But I don't think, Boris, ultimately, that this is going to be the same argument, the case that wins the day for keeping Trump off the ballot.

SANCHEZ: I think it is wonkish. I felt wonkish as I was trying to explain it succinctly.

POLISI: Yes.

SANCHEZ: Carolina, is there any doubt, though, that it winds up before the federal Supreme Court?

POLISI: I think there are several other states with this specific issue and certainly either side is bound to appeal this ruling.

I think it is rife for a Supreme Court review. However, you never know what the Supreme Court will take. They can opt to hear the case and they could also decline to.

SANCHEZ: Caroline Polisi, always appreciate the perspective. Thanks for joining us.

POLISI: Thanks for having me.

SANCHEZ: Yes.

Still ahead, fury after freedom. Former hostages confronting Israel's prime minister and his war cabinet, accusing them of failing the men, women and children captured by Hamas and questioning their efforts to free the rest. All of this, caught on tape. We will bring it to you, next.

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[13:42:01]

BRIANNA KEILAR, CNN HOST: A major development to report in the Israel- Hamas war. The home of Hamas's highest-ranking leader in Gaza now surrounded by Israeli Defense Forces. That is according to Israeli Prime Minister Benjamin Netanyahu.

In a video, Netanyahu said that Israeli military forces have encircled the house of Yahya Sinwar. The prime minister saying, quote, "His house is not his fortress and he can escape, but it's only a matter of time before we get him."

CNN's Ben Wedeman is in Jerusalem for us.

Ben, give us the latest on what is happening at this encirclement of the Hamas leader's home.

BEN WEDEMAN, CNN SENIOR INTERNATIONAL CORRESPONDENT: This is basically all we know, Brianna is that the Prime Minister Benjamin Netanyahu put out this statement.

Now keep in mind that Yahya Sinwar is from Khan Younis. But probably the last place he is going to be is at home.

It was widely anticipated that Israel will focus, after the collapse of the truce of southern Gaza, in particularly Khan Younis where it's believed many of the leaders of Hamas are hiding out.

But they are most likely hiding out somewhere else, perhaps in the tunnels, perhaps elsewhere in Gaza.

So symbolically, it might be important but in real tactical strategic terms, it isn't -- Brianna?

KEILAR: Yes, very unlikely he is at home, for sure, Ben.

So we also getting a listen to some audio that has been released. This was of a meeting that Netanyahu had with family members of hostages who are still being held there in Gaza.

So much emotion here. You can hear some of the outrage, even as some of them, some of these folks have been released, they still have loved ones back in Gaza. They are outraged that there were airstrikes going on where they were being held.

Let's listen to one former hostage who was freed with her children though her husband is still being held.

(BEGIN AUDIO FEED)

VOICE OF FREED HOSTAGE, SPEAKING TO ISRAELI PRIME MINISTER BENJAMIN NETANYAHU: You will return them all. They will not wait 50 days, they will not wait another year because you claim they are strong enough.

You have no information. You have no information. The fact that we were shelled, the fact that no one knew anything about where we were.

(END AUDIO FEED)

KEILAR: How did the prime minister respond to this, Ben?

WEDEMAN: Well, he was very defensive. And we know he's been very hesitant to meet with the people in the communities around Gaza. They were the focus of the 7th of October attacks.

And very hesitant to meet with the families of the hostages because there is so much anger.

Basically, he said -- because one of the things that they are demanding is in exchange for the release of the hostages in Gaza that all the Palestinian prisoners be released.

[13:44:59]

And he said it is just something we cannot do, he said, because Hamas does not just want the release of all the Palestinian prisoners and detainees. He said that they want more. The assumption being perhaps -- Hamas wants to stay in power in Gaza.

And what we have heard time and time again from President -- Prime Minister Netanyahu is that his first priority has always been the destruction of Hamas. And the second priority was to win the release of the hostages.

And many of them, the families of the hostages have been very unhappy with this second priority being the release of the hostages. And I think that came across very clearly in this very fiery meeting with the prime minister and the war cabinet -- Brianna?

KEILAR: Yes, they feel betrayed, that they were not protected in the first place. And now they feel that they are just not the priority.

Ben Wedeman, live for us in Jerusalem, thank you so much for that.

A rampage across two cities, killing six people in Texas. The grisly and violent killings of five different crime scenes. We'll have the latest on the search for a motive, next on CNN NEWS CENTRAL.

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[13:50:53]

SANCHEZ: Police in central Texas are trying to figure out what sparked a deadly shooting spree spanning through two major cities. A suspect is now behind bars, facing capital murder charges for allegedly killing six people in Austin and San Antonio.

It all started there in San Antonio where police discovered two bodies and a, quote, "grisly" crime scene. Then, about 80 miles away, in Austin, police responded to four more crime scenes that ended with multiple people dead.

CNN's Ed Lavandera has been following the story closely. He joins us live with more.

Ed, we understand that several police officers were also injured responding to these scenes.

ED LAVANDERA, CNN SENIOR NATIONAL CORRESPONDENT: Right. The timeline of these events is rather troubling. But just moments ago, police in Austin, Texas, have confirmed the identity of the suspect and he is 34-year-old Shane James.

Investigators say that they believe this killing spree started Tuesday morning in the San Antonio area where a man and women were discovered murdered in what was, as you described, a grisly scene. That's what you described there.

And then the shooting continued. Four other shootings across Austin over several hours yesterday afternoon.

There was another man and woman who were killed in their home. There was a shooting at a school where a school police officer was wounded in the leg. A man who was riding a bike was also shot.

And the last shooting scene was in a neighborhood at a home where there was a reported burglary. When police arrived there, Boris, they discovered the suspect in the backyard.

They exchanged gunfire and then there was a short chase and that's when they took the suspect into custody.

And then, all of these events started getting pieced together that they were all possibly, according to investigators in Austin and San Antonio, linked together.

What exactly the motivation behind all of this, we do not know at this point.

But this suspect, 34-year-old Shane James, is now facing capital murder charges here in Texas, which could make him eligible for the death penalty -- Boris?

SANCHEZ: Ed Lavandera, with details live from Dallas. Thanks, Ed.

Brianna?

KEILAR: Now this just into CNN. House Republicans are threatening to hold President Biden's son, Hunter Biden, in contempt of Congress if he does not appear for a closed-door deposition next week.

We have CNN's Melanie Zanona joining us now with the latest.

That is not the format that Hunter Biden had requested in this case, Mel.

MELANIE ZANONA, CNN CAPITOL HILL REPORTER: Yes, well, this would be a dramatic escalation in the Republicans' probe here with the threat to hold Hunter Biden in contempt of Congress.

And it comes as there's been this showdown over whether or not and how Hunter Biden would reappear.

As a reminder, Comer had issued a subpoena for Hunter Biden to appear for a closed-door deposition on December 13th.

But Hunter Biden and his legal team said they would be willing to make them available for a public interview, saying they were concerned about selective leaks and saying that the president's son should have an opportunity to publicly tell his own story.

But both sides doubled down on their positions with Republicans insisting that he appear behind closed doors. Hunters team saying that he will only appear for a public hearing, public testimony.

And now we are seeing Comer threatening to hold him in contempt. So this has been a real showdown.

Democrats, meanwhile, responding. Jamie Raskin, the top Democrat on the panel, saying this is a joke.

And also reminding people that Jim Jordan, a Republican member, ignored a subpoena last year in the previous Congress to testify before the January 6th Select Committee. So we will see whether they follow up with this move.

It's unclear what legal standing they would have. As Republicans have said themself, they are worried about their legal standing in court because they have not yet voted to formally authorize their impeachment inquiry. But Republican leaders trying to push ahead with the vote potentially as early as next week to try to strengthen their hand in court and to try to formally authorize this impeachment inquiry.

It is unclear if it would have the votes at this point. They can only afford to lose three Republicans. That majority only gets slimmer in the new year with the retirement of Kevin McCarthy, who is stepping down at the end of this year.

But again, just another sign that House Republicans are really wrapping up their efforts to potentially try to impeach President Joe Biden -- Bri?

[13:55:05]

KEILAR: All right, Melanie Zanona, with the latest from Capitol Hill, thank you.

Debate night in America. But with the Republican frontrunner not joining in again? How will these four candidates on stage handle the contest? And will they address former President Trump's incendiary words at a town hall last night?

This is CNN NEWS CENTRAL.

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