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Western Officials Warn Ukraine "Certain To Fail" Without U.S. Aid; Now: Jury Deliberating In Giuliani Defamation Damages Trial; Appeals Court Skeptical Of Mark Meadows' Attempt To Move His Case To Federal Court; Teacher Arrested For Allegedly Threatening To Behead Student; U.K. Court Rules Prince Harry War A Victim Of Phone Hacking; IDF Says It Mistakenly Killed 3 Israeli Hostages. Aired 1-1:30p ET

Aired December 15, 2023 - 13:00   ET

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

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[13:01:07]

BORIS SANCHEZ, CNN ANCHOR: A dire warning from U.S. and European officials as funding for Ukraine remain stalled in Congress. One senior U.S. military official warning that without crucial aid, Ukraine is, quote, "certain to fail without us".

Plus, any moment, we could get a verdict on damages in Rudy Giuliani's defamation trial. Jury deliberations are happening right now as they weigh a potential $48 million decision.

PAULA BROWN, CNN ANCHOR: And the CDC sounding the alarm why the agency is begging Americans to get vaccinated, the troubling data behind this new push. We are following these major development stories and many more on this Friday all coming in right here to CNN NEWS CENTRAL.

SANCHEZ: We begin with a dire new warning in the face of Russian aggression. Western officials say if more military aid isn't greenlit for Ukraine, it will doom Kyiv's prospects of winning the war. The White House wants to send another $61 billion.

But a logjam in Congress is holding it up likely through the holidays. Now, allies say if that aid isn't approved, it could mean defeat for Ukraine. One senior U.S. military official tells CNN, quote, "There is no guarantee of success with us, but they are certain to fail without us."

CNN's Jim Sciutto broke this story, and he joins us now live. So Jim, what is the most immediate area of concern for Ukraine?

JIM SCIUTTO, CNN NATIONAL SECURITY CORRESPONDENT: Well, what's interesting here right is that U.S. and European officials share the same assessment here without U.S. leadership, without USAID that this doesn't only threaten the counteroffensive that we've been focused on here in the east and their progress there.

But it threatens really Ukraine defense of its entire country. That if they don't continue to get this aid, that it doesn't just mean less or no forward progress, but that the Russians can advance on a, you know, very short timeline.

SANCHEZ: So to that question, a very short timeline, how much time does Kyiv have then?

SCIUTTO: Listen, the worst case scenario when I'm speaking to officials on this side of the Atlantic, and the other side is that within months, perhaps as soon as the summer. And part of this concern is that if the U.S. fails to lead on this, they worry that European allies will follow and not send the aid.

I spoke to U.S. Congressman Mike Quigley who's the co-chair of the Ukraine caucus, and he put it in those terms very directly. He said if the U.S. fails here, our allies will follow. We got an indication of that overnight just over the last 24 hours where E.U. partners failed to vote to extend their own aid.

Now they'll have another chance next month, much like the U.S. Congress will have another chance next month. But the trouble is, those delays matter and it's not clear it's going to come through.

SANCHEZ: Yes.

SCIUTTO: And as Ukrainian forces are waiting for these weapons, they're already rationing munitions here, artillery shells. And it's in this order that I'm told they're most likely to run out of key munitions, long-range missiles, air defense missiles, so key to knocking down Russian cruise missiles and drones as they try to target those cities.

SANCHEZ: Yes. And to that point, you can see how this sort of leads to what you talked about at the beginning, which is a progression of Russia entering Ukraine. When it comes to a Ukrainian defeat, what does it mean for the West? What would it mean for the world?

SCIUTTO: Listen, you talk to U.S. officials, European officials, particularly European officials, who are on the Eastern Flank of NATO, because they've had experience of Russia. Very recently, several of them, the Baltic states, I mean, these -- they were part of the Soviet Union. So then know what it's like to live under Russian control, but they're also closer to the threat.

They fear that if Ukraine loses, they are the next targets. That Putin will take a signal from that, that he can go after not only non-NATO countries like Ukraine and Georgia, you know, we've seen in recent years but also NATO countries.

[13:05:02]

They speak about this in very stark terms and it's not an outlier position. I mean, that is a fairly standard fear when you go to Europe and you talk to leaders there.

SANCHEZ: And then with Article V, you're talking about an enormous conflict.

SCIUTTO: You might, although, then the question becomes depending on who the U.S. president is, because, as you know, Trump, if he were to be reelected, he is often expressed doubts as to whether the U.S. would honor that Article V commitment.

SANCHEZ: Fair point. Jim Sciutto, always good to get your analysis. Thanks so much. Pam?

BROWN: Well, soon a jury will announce the verdict and the defamation trial against Rudy Giuliani. The two Georgia election workers accusing the former Trump attorney of spreading lies about them are seeking $48 million in damages. The eight person jury will decide how much Giuliani will ultimately pay.

CNN's Senior Climate Justice Reporter Katelyn Polantz is live outside the courtroom with the very latest. So Katelyn, jury deliberations have been going on for several hours now, right? What are you hearing?

KATELYN POLANTZ, CNN SENIOR CRIME AND JUSTICE REPORTER: Pam, it's really hard to predict when a jury may return a verdict. But this jury, they began yesterday, they talked amongst themselves deliberating for about three and a half hours. They had a question about exact numbers that had been presented in court about how much Shaye Moss and Ruby Freeman, those two Georgia election workers, want Rudy Giuliani to pay them to repair their reputations.

That number breakdown was each of them asking for about $24 million just for the defamation, the reputational damages. That jury has other things they have to determine as well. And so they've been talking, deliberating behind closed doors. We've heard nothing from them for about four additional hours today.

We're past the lunch hour, they're still at work. And the other things they are determining is not just the reputational damage number, but the amount to find Rudy Giuliani for the emotional distress that he caused these two women. And then on top of that, there is also the question of how much he should be punished.

We know that the lawyers of Ruby Freeman and Shaye Moss want that number to be significant. It's a punitive damages number. So punishment. And they are also asking this jury quite bluntly to send a message to powerful people who choose to do and say things like Rudy Giuliani, what he was saying, after the 2020 election, spreading lies. They're asking to send a message.

There is also a question in this case about, can Rudy Giuliani even pay what the jury may find here, if it's into the millions, or even tens of billions of dollars? He said in court, he's broke, but there was a discussion this morning in court that's still unresolved about if the jury brings back a verdict as soon as today.

Is the judge going to say, OK, now is the time, or is he going to have a little leeway, a little bit of extra time to start thinking through things and potentially begin his appeal? So a lot of questions up in the air this afternoon over here at the federal courthouse?

BROWN: Certainly, and I know you're staying on top of every development. Katelyn Polantz, thank you so much. Boris? SANCHEZ: A federal appeals court appeared skeptical today of former Donald Trump White House Chief of Staff Mark Meadows and his attempt to move his election interference case out of state court and into federal court. Meadows attorneys argue that he should be protected because the charges against him stem from his official job duties while working for former President Trump.

Meadows along with Trump and 17 others, of course, were charged for attempting to overturn the 2020 election results in Fulton County, Georgia. CNN's Zach Cohen is live for us outside the courthouse in Atlanta. Zach, walk us through what it was like at today's hearing.

ZACHARY COHEN, CNN NATIONAL SECURITY & JUSTICE REPORTER: Yes. Boris, the lawyer for Mark Meadows really was grilled by this panel of three judges, who was once again trying to argue that Mark Meadows's case in the Georgia election interference case, the state level charges should be moved to federal court because everything that's alleged in the indictment here in Georgia, those actions took place while he was chief of staff.

But look, the panel of three judges was really skeptical about that argument and really wanted Mark Meadow's attorney to draw a distinction because just because you're chief of staff doesn't mean that what you're doing falls under your official duties. Take a listen to this one exchange between Meadows's lawyer and one of the judges on the panel actually pushed him on this point.

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GEORGE TERWILLIGER, ATTORNEY FOR MARK MEADOWS: What the prosecution here is for, by the record in this case and by the overt acts that are listed in the indictment, are acts taken in the west wing of the White House, by the highest appointed White House official.

JUDGE ROBIN ROSENBAUM, U.S. COURT OF APPEALS FOR 11TH CIRCUIT: According to him, it seems like everything was within his official duties, and that just cannot be right.

(END VIDEO CLIP)

COHEN: So we heard more of the same from the other two judges on the panel. But look, the panel was not without concern either about moving this case to -- keeping this case in the Georgia State court. They said that it could cause a chilling effect for future federal officials who maybe want to join or want to run for office but maybe we'd be deterred from doing so because of the potential for getting charged with state crime.

[13:10:06]

So we have to see what the decision is. We don't expect one today per se. But, you know, that could be coming down at any point going forward. And, obviously, both sides will have the chance to appeal potentially to the Supreme Court that could choose whether or not to take up the case if it gets to that stage. Boris? SANCHEZ: Zach, I also want to get an update from you on two former co- defendants in this case. Sidney Powell and Kenneth Chesebro both pled guilty to the charges against them. And as part of that deal, they agreed to write apology letters, right, to the people of Georgia for their crimes. Tell us about that.

COHEN: Yes, Boris. Reading these apology letters, not a ton of remorse comes through to say the least. We knew that, for example, the letter written by Sidney Powell, one of Trump's former attorneys, who was really pushing to get access to voting systems here in Georgia and Coffee County.

We knew that that was going to be a pretty short letter, but reading it and seeing it with our own eyes, we emphasize how short it was. It was one sentence long, handwritten and simply says, "I'm sorry for what I did in Coffee County", referring to the county in Georgia, that she was trying to get access to voting systems.

And Ken Chesebro, the other attorney similarly had a very shorthand written letter. So at the end of the day, I think this does raise some questions about why the district attorney here in Atlanta, Fulton County, demanded that these letters be part of the plea agreements that they reached with these two defendants, and to others as well.

But going forward, we'll also have to see if that remains a condition of any other plea agreements. We do expect more of the 15 defendants that remain in this case, to try to get some sort of plea deal with prosecutors to avoid a trial. So we'll have to see but, I mean, again, not very much remorse in these letters, in some cases, one sentence long.

SANCHEZ: Yes. So not a whole lot of emotion in those letters. But we should note, Kenneth Chesebro now cooperating with fake elector schemes in other states where folks may soon be facing charges.

Zach Cohen from Atlanta, thank you so much.

Coming up, a disturbing story also out of Georgia. A middle school teacher facing charges for allegedly threatening to behead a student. What witnesses say prompted the teacher to make that stunning threat.

And a great day for truth. That's how Prince Harry's describing the verdict in his case against British tabloids. We have details on that. And later, National Security Adviser Jake Sullivan says Israel is moving toward what he calls a new phase of the war. What does that mean for Israel's war against Hamas? And the innocent civilians caught in the middle.

You're watching CNN NEWS CENTRAL. We're back in just a few moments.

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[13:16:50]

BROWN: A classroom conflict gone too far. A teacher in Georgia is facing charges after allegedly threatening to behead a student. Multiple witnesses told authorities that Benjamin Reese threatened a 13-year-old Muslim student who said she was offended by an Israeli flag hanging in his classroom.

CNN's Dianne Gallagher joins us now. So what more are you learning about this story, Dianne?

DIANNE GALLAGHER, CNN NATIONAL CORRESPONDENT: Yes, Pam. This is just a sample of the violent and profane threats that faculty and staff say that they, as well as children in their classrooms, heard a teacher hurl at three young students in the hallway of their middle school.

Some examples that are sanitized here, quote, "She has a stupid mother f-er, and I will drag her by the back of my car and cut her f-ing head off for disrespecting my Jewish flag." There were also examples from witnesses saying that he would slit her throat and kick her ass.

Now, 51-year-old Benjamin Reese, a seventh grade social studies teacher at Warner Robins Middle School was arrested last week. He was charged with making terroristic threats as well as cruelty to children in the third degree. He has since bonded out of jail. We've not been able to locate an attorney for him to speak on his behalf at this point.

According to a very detailed incident report, one of the three girls that were being threatened according to this report, is a 13-year-old Muslim student. According to the Council of American Islamic Relations, Georgia chapter, she is half Palestinian. That student told the deputy that she asked about the flag that was hanging in Reese's classroom.

She said that he told her it was hanging because he was Jewish and he had family who lived in Israel. She said she told him she was offended by that flag because, quote, of Israelis killing Palestinians. That's when she says the teacher became angry. He began shouting at her, calling her antisemitic and asking if Israel had the right to exist and followed them through the hallway.

According to the deputies, they have that on camera in following those students. But there is no audio there, Pam.

BROWN: Wow. But there are a lot of witnesses, as you pointed out, who say they heard exactly what he said. How is the school responding to this?

GALLAGHER: Yes. According to that report, there are upwards of 20 witnesses who heard this. The school district, the House and County School District did issue a statement that said in part, "While we are not able to discuss specific personnel matters, we can share that Mr. Reese has not been on the campus of Warner Robins Middle School since December 7, 2023. Safety and the well-being of our students and staff is our number one priority."

CARE Georgia says they've been in contact with the family of that 13- year-old middle school student who was the person who was being threatened they say. And that they've been speaking with her family and trying to provide them comfort during this time. BROWN: Yes. Dianne Gallagher, thank you so much for bringing us the latest there. Boris?

SANCHEZ: So Prince Harry has won his phone hacking case against the publishers of the tabloid Daily Mirror. Britain's High Court ruled 15 stories published about Prince Harry used unlawful methods like phone hacking, awarding him just under $180,000. That Prince is describing the verdict as a great day for truth.

[13:20:02]

Let's bring in CNN is Richard Quest. So Richard, walk us through what happened today.

RICHARD QUEST, CNN ANCHOR AND CORRESPONDENT: So it's a long case. Harry has been suing various newspapers, but the result he's got today is exactly what he wanted. Let me read you something of what Mr. Justice Fancourt was saying in court today. He basically agreed that out of the 33 specimen articles that were put before the judge, 15 of them from Harry, there was evidence that the information had come from phone hacking.

It was widespread, said the judge. And he not only -- he said that the editors of the newspapers knew about it. The board of directors, some of them knew about it. And so this for Harry, Boris, is an -- this is vindication.

SANCHEZ: Yes.

QUEST: This is him basically saying, I told you so. And now the judge has agreed.

SANCHEZ: And Richard, after the verdict, Prince Harry called on authorities to look into bringing charges against the Daily Mirror publishing group. Is that likely, is that the next step?

QUEST: Well, look, the newspapers, I mean, Rupert Murdoch's News of the World got all through all of this. And there have been previous cases. I think the Metropolitan Police are going to -- they've said they're looking into it. The Met says they'll have a look into whether or not there should be prosecutions.

Interestingly, in the last couple of hours, one of the editors of the Daily Mirror, Piers Morgan, who of course you're very familiar with, has denied that he knew about the hacking in the one case. But the judge said Piers Morgan knew, the editor knew. Morgan today said he didn't. And then he went on to insult Prince Harry by saying Prince Harry wouldn't know the truth if it slapped his California tan.

SANCHEZ: Wow, really colorful moments there from Piers Morgan. Richard Quest, thanks so much for the latest on that case.

Still plenty more news to come on CNN NEWS CENTRAL, including National Security Adviser Jake Sullivan in the Middle East today as a rift between Prime Minister Benjamin Netanyahu and President Biden goes public. Details straight ahead. And in Europe, authorities say they're searching for four more suspects connected to a foiled terror plot. The very latest from the continent when we come back.

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[13:27:12]

SANCHEZ: We have some breaking news just into CNN. We want to take you straight to Sderot, Israel, where CNN's Jeremy Diamond has some new reporting on the status of several Israeli hostages apparently, Jeremy, accidentally killed by the IDF. What are you learning?

JEREMY DIAMOND, CNN WHITE HOUSE CORRESPONDENT: Yes, Boris. Some very sad news to report, as we have now learned according to the Israeli military, that three hostages were killed inside Gaza by Israeli forces. The Israeli military saying that they were mistakenly identified as a threat and that troops fired toward them and that they were killed.

We know the names of two of the three hostages. One of the hostage's families asked that his or her name not be shared. But the two hostages we do know of are Yotam Haim, who was kidnapped from Kibbutz Kfar Aza on October 7th. The other is Samer Talalqa, who was kidnapped from Kibbutz Nir Am on October 7.

Our understanding is that this took place earlier this morning, according to Daniel Hagari, the spokesman for the Israeli military in the Shujaiya neighborhood in Gaza, which has been the site of very intense fighting between the Israeli military and Hamas. The Israeli military says that this is one of the last remaining Hamas strongholds in northern Gaza and apparently also the location where Hamas was holding some of these captives.

And in this tragic incident, it appears that the Israeli military misidentified those three Israeli hostages as a potential threat, potentially as militants fired at them and killed them. Their bodies, we understand, were taken into Israel and transferred for examination, according to the Israeli military. And it was at that stage that it was confirmed that they were indeed three Israelis who were taken hostage by Hamas.

Their families, of course, have since been notified. Boris?

SANCHEZ: Jeremy, in a statement, the IDF has emphasized that this is obviously an active combat zone. There's been ongoing fighting, as you noted, over the last several days. They specify that the IDF began reviewing the incident immediately. Do we know anything about the steps being taken now by the IDF to try to prevent something like this from happening again?

DIAMOND: Well, they say that they have reviewed the incident, that they're taking, quote, "immediate lessons" from the event that have been learned and transmitting those to soldiers in the field. They also say, quote, "The IDF expresses deep remorse over the tragic incident and sends the families its heartfelt condolences. Our national mission is to locate the missing and return all of the hostages home."

Of course, one of the things that will also be looked at, I suspect, is the rules of engagement that Israeli forces have as they are fighting in Gaza, which we know that as this war was beginning, those rules of engagement were indeed loosened.