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Trump Barred From 2024 Primary Ballot In Colorado; Trump To Appeal To Supreme Court After Ban From CO Primary Ballot; DeSantis Responds To Colorado Ruling Keeping Trump Off Ballot; Toxic Gas Prompt Pollution Concerns In Reykjavik. Aired 9-9:30a ET

Aired December 20, 2023 - 09:00   ET

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

[09:00:00]

UNIDENTIFIED FEMALE: CNN News Central is now.

SARA SIDNER, CNN ANCHOR: This morning Donald Trump is battling to fight an unprecedented ruling that kicked him off the primary ballot in Colorado. The State Supreme Court barring him from running, saying he indicted -- incited excuse me and was engaged in the insurrection on January 6th

KATE BOLDUAN, CNN ANCHOR: And no matter that Donald Trump is back on the trail. Why he's declaring an Iowa he's never read mind calm.

SIDNER: Plus, catastrophic and deadly flooding leaving tens of thousands of people in the dark in Maine. A third of the state is still without power as temperatures there dip to below freezing.

I'm Sara Sidner, with Kate Bolduan. John Berman is living his best life. This is "CNN News Central."

BOLDUAN: Donald Trump is vowing to fight this huge ruling coming out of Colorado. This ruling by the Colorado Supreme Court which removed him from the Colorado ballot deeming him ineligible to run for president. Last night in a 4-3 ruling, the court disqualified Trump because he quote, engaged in insurrection. The court cites Section 3 of the 14th Amendment of the Constitution, prohibiting people from taking an oath of office if they've engaged in an insurrection or rebellion.

SIDNER: Now the majority opinion wrote this, and I'm quoting here, Trump did not merely incite the insurrection. They said even when the siege was on the Capitol, and it was fully underway continue to support it by repeatedly demanding the Vice President, Mike Pence refused to perform his constitutional duty, and by calling senators to persuade them to stop the counting of electoral votes. These actions constituted the court say overt, voluntary and direct participation in the insurrection.

Now while Trump himself has not commented publicly on the matter, his campaign certainly has saying this, is a completely flawed decision and they plan to swiftly file an appeal and take this extraordinary case, all the way to the Supreme Court. Now it is important to note that this ban only affects the Colorado primary, but the political and legal fallout is far reaching.

Let's lead off with CNN's Marshall Cohen in Washington, D.C. Marshall, this is quite a big rolling. It's getting a lot of reactions. How are both sides responding to this this morning?

MARSHALL COHEN, CNN REPORTER: Well, the challengers who filed this case they are taking a well-earned victory lap and Donald Trump is bashing the courts and vowing to appeal. So, as you mentioned, this was a historic moment last night, when the Colorado Supreme Court ruled in a 4 to 3 decision that January 6th was an insurrection, Donald Trump engaged in the insurrection and that he is no longer eligible to hold office because of the 14th Amendment's ban on insurrectionists serving in our government.

That is just a breathtaking level of accountability for January 6th, of course, though, it may not be the final word. You've already talked about the Supreme Court appeals. But let me read you a quote from the ruling which as of now is holding the day from the Colorado Supreme Court. They said quote, that President Trump's direct and express efforts over several months, exhorting his supporters to march to the Capitol, to prevent what he falsely characterized as an alleged fraud on the people of this country, were indisputably overt and voluntary. He took overt actions to support this insurrection, to engage in the insurrection, and that's why he's disqualified. So that's what the court said.

Here's what the challengers said. This is Noah Bookbinder, he is from the legal advocacy group, CREW that filed this lawsuit, and now can claim that for the moment, they got Trump off the ballot.

(BEGIN VIDEO CLIP)

NOAH BOOKBINDER, PRESIDENT, CITIZENS FOR RESPONSIBILITY & ETHICS IN WASHINGTON: In 2020, voters had a chance to decide if they wanted Donald Trump to be president. They decided that they didn't. And what happened after that was Donald Trump refused to accept that result and incited a violent insurrection to try to keep himself in power despite having lost. There's simply no reason to think that somehow, we can do it this way. And it'll come out differently.

I am confident that other states will be looking at this but, but we're taking this one step at a time.

(END VIDEO CLIP)

COHEN: So, they are saying this is a lawful and constitutional remedy to deal with the problem of a president who engage in an insurrection. Of course, that former President Donald Trump has said that this is a massive abuse of the Constitution and a ridiculous attempt to twist the courts in a way to take him out of office because Democrats according to them are afraid that they can't beat him at the polls.

Sara?

[09:05:11]

SIDNER: Marshall, you have to ask you, the Supreme Court is getting a heck of a lot of cases coming its way when it comes to Donald Trump, in particular and the role of the presidency. How fast could this case go to the Supreme Court?

COHEN: Well, election officials in Colorado say that they need a final resolution by January 5th, that's the state deadline to certify the list of names for the Republican primary. So quick action is needed. However, that may or may not happen. It's up to Trump, how quickly he does or doesn't file his appeal. And then it's up to the Supreme Court to decide.

But they are probably looking around the country and realizing that there are now some different outcomes in different states. This is not the first place where this type of litigation was pursued. It was previously filed and rejected in major cases in Michigan, Minnesota and others where Trump was kept on the ballot. Now he's off the ballot in Colorado, the Supreme Court clearly has a duty to weigh in and resolve the matter.

Sara?

SIDNER: It would be no surprise that the Supreme Court jumped on this case very quickly. Marshall Cohen, thank you so much.

BOLDUAN: Let's go to Colorado now. CNN's Lucy Kafanov is in Denver, standing in front of the Colorado State Supreme Court where all of this has now kind of come from and focused on. Lucy, what are you hearing there, especially from Republicans?

LUCY KAFANOV, CNN CORRESPONDENT: That's right, Kate. Well, we had a chance to talk to some voters late last night after the decision was issued. And where we've been hearing from voters is that, you know, Republican ones at least feel like the court is taking away their rights, their ability to vote for their preferred candidate. We're also hearing from local officials, the chair of the Colorado Republican Party, already vowing to take matters into his own hands.

Take a listen.

(BEGIN VIDEO CLIP)

DAVE WILLIAMS, CHAIRMAN, COLORADO REPUBLICAN PARTY: -- if need be, we're going to withdraw from the primary and go to a strict caucus process that would allow our voters to choose Donald Trump if they want.

Donald Trump has never been charged nor convicted of insurrection. And furthermore, Section 3 of the 14th Amendment is not self-executing. It's very clear that Congress has a role in this, federal prosecutors have a role in this.

(END VIDEO CLIP)

KAFANOV: Now, in terms of arguments against this ruling, the Chief Justice Brian Boatright, one of the three dissenters of this seventh member Court wrote in his dissent that he believes that Colorado, Colorado election law was not enacted to decide whether a candidate engaged in insurrection, and he said that he would have dismissed this challenge to Trump's eligibility he wrote, and I quote, in the absence of an insurrection related conviction, I would hold that a request to disqualify a candidate under Section 3 of the 14th Amendment is not a proper cause of action.

Now, attorneys for Trump had argued that the lower court judge made what they described as multiple grave jurisdictional and legal errors including by finding that Trump engaged in an insurrection, his public comments around January 6th. His lawyers argued were protected under the First Amendment and did not call for violence.

Of course, it is very important Kate to stress that this decision is not the final word and that the Colorado Supreme Court status decision until January 4th, that's one day before the deadline for the state of Colorado to certify its primary ballot.

Kate?

BOLDUAN: Lucy, thank you so much.

SIDNER: All right. Let's bring in CNN legal analyst and former federal prosecutor, Jennifer Rodgers, who is with us today.

There's a lot of legal scholars looking at this, of course, I know you've sort of looked at what happened. Let's first talk about the likelihood of the Supreme Court picking this up because this is something that I imagine the Supreme Court should weigh in on.

JENNIFER RODGERS, CNN LEGAL ANALYST: Yes, 100 percent they're going to do this, not only is of course, there a ruling from the Colorado Supreme Court kicking him off the ballot, but there are other states in which this issue is pending. So, 100 percent they're going to take this.

SIDNER: (INAUDIBLE) the Supreme Court. All right. There is some striking folks that are their advocates for this that have been looking at this. They are advocates for the 14th Amendment. They are pillars also in the conservative legal movement, one of whom Michael Luttig. Weighed in on this idea and weighed in on what happened. I just want people to listen to what, what he said.

(BEGIN VIDEO CLIP)

J. MICHAEL LUTTIG, FMR JUDGE, FOURTH CIRCUIT OF APPEALS: Their opinion is unassailable, under the objective law of the federal constitution, and section, Section 3 of the 14th Amendment. The Supreme Court of the United States ought to affirm this decision today.

(END VIDEO CLIP)

SIDNER: The most striking thing he says is the Supreme Court ought to affirm Colorado Supreme Court's decision today. But Donald Trump has not been convicted of insurrection, nor have any of the people who have gone through the system they have been convicted of the highest crime has been seditious conspiracy. So, what do you think about that argument?

RODGERS: Yes. So, it's interesting, because when you look at it, it is hard to argue with Judge Luttig and with the petitioners here, I mean, the factual findings about his participation in the insurrection. When you look at the section itself it appears to apply to him.

[09:10:06]

All of that said it's hard to see the U.S. Supreme Court agree that a single state can kick someone off the ballot for the nationwide presidency, right. Think of the chaos that would ensue if certain states did, and certain states didn't disenfranchising voters all over the country.

So, it seems to me that they will look for a way to do this, whether it's a federalism issue, whether they call it a political question. I do feel like the Supreme Court will overturn it.

SIDNER: Yes. It's really interesting to sort of hear these different ideas in this particular case. Let's also look at the dissents because, you know, those matter even though that's not the ultimate decision, where people are saying there's no precedent to this, and we really shouldn't go forward with this. Here's sort of some of what was said in what is said in the 14th Amendment that that representatives, presidential electors, or they shouldn't be able to hold any office, civil or military under the United States or any state, but it doesn't mention the presidency there.

RODGERS: Yes.

SIDNER: Why so?

RODGERS: And that's why the lower court judge decided that it didn't apply to Trump because the presidency isn't mentioned. Now they talk about the oath and what oath is taken. The President's oath is a little bit different than the oath for the officers that are enumerated, enumerated in Section 3. And so that's one of the big legal questions here, doesn't actually apply to the presidency itself as an office. That's the basis under which it was determined in Colorado. That's one of the issues certainly that the Supreme Court will decide.

SIDNER: This is bringing up so many issues, and the Supreme Court is going to be extremely busy as they pick up these cases.

Jennifer Rodgers, thank you so much for this analysis was really good.

RODGERS: Thanks, Sara.

BOLDUAN: And coming up for us. The court in Colorado has spoken and now we're going to go to Iowa, Iowa caucus goers getting to have their first say in the election. So, what are they thinking about this ruling overnight? And Ron DeSantis is just waiting. We're going to hear what he has to say. Also, there are new warnings this morning about the volcano in Iceland. Why experts say it's hard to tell what's coming next.

And Israel and Hamas back in negotiations this morning over a potential week-long ceasefire and exchange for dozens of hostages. Details on where the talks stand. We'll bring that to you.

(COMMERCIAL BREAK)

[09:16:33]

SIDNER: Former President Donald Trump's allies, supporters and even his Republican primary rivals are weighing in this morning. The Colorado Supreme Court booted him as you heard from the 2024 ballot in that state.

CNN's Jeff Zeleny is in Iowa as Trump's competition is going through the state today, trying to get voters to go their way ahead of the caucuses, which are happening in the next 20 or so days. What are you hearing from those who are up against him in the presidential election? In particular, I think we're getting something from Ron DeSantis now?

JEFF ZELENY, CNN CHIEF NATIONAL AFFAIRS CORRESPONDENT: Hey, good morning, Sara. We are 26 days before voters here in Iowa begin this Republican presidential nominating contest. It's the time when rivals begin drawing distinctions with one another. And we were seeing that in recent days. Last night, all of Donald Trump's Republican rivals were circling the wagons and defending him in the light -- in the wake of the Supreme Court ruling. And you're right, Florida Gov. Ron DeSantis, just a few moments ago this morning said, he believes the U.S. Supreme Court will reverse this decision by the Colorado State Supreme Court.

So, this is something that we are seeing we've seen it throughout the year with every indictment, with every criminal charge leveled against the former president. And this, of course, is a different type of case. But the reaction is very similar. Republicans are saying that judges should not make these decisions.

But take a listen to just a sampling of what some of the Republican rivals have been saying about the former president and this ruling on the campaign trail.

(BEGIN VIDEO CLIP)

CHRIS CHRISTIE (R) PRESIDENTIAL CANDIDATE: I think you should be prevented from being President of United States by the voters of this country.

NIKKI HALEY (R) PRESIDENTIAL CANDIDATE: We don't need have judges making these decisions. We need voters to have make these decisions. So, I want to see this in the hands of the voters. We're going to win this the right way.

(END VIDEO CLIP) ZELENY: So, in the hands of the voters, and as of now, a line (ph) of share of Republican voters at least suggest that Donald Trump would be the nominee, we will see what happens. No one has voted in this race. But he has a commanding lead without a question and time is running out for his rivals to make their case. But they are indeed making their cases as they campaign throughout the state.

Today, we're also keeping our eye on Sara, on a new ad that's being released by the Super PACs supporting Nikki Haley. She is going after the former president saying that he knows that she's the only one who could beat him and beat the current President Joe Biden. Of course, many polls show that she performs very well against him.

So, a lot of cross currents in his race here. But one thing is clear this morning. Donald Trump has a lot of defenders, his Republican rivals, certainly our chief among them.

Sara?

SIDNER: It's always very interesting to think that they would go after him for this one, but here we go. Jeff Zeleny, thank you so much. They're live from Des Moines, Iowa for us today. Appreciate it.

BOLDUAN: Joining us now is CNN political analyst and Washington Bureau Chief for the Boston Globe, Jackie Kucinich.

Jackie, what do you think of the reaction from the other Republican candidates so far to this? I mean, what does it say and what does it tell folks about where the other candidates think the Republican voters are?

JACKIE KUCINICH, CNN POLITICAL ANALYST: I think they are listening to voters and some of the hesitation about having a court decide whether or not someone can be on a ballot, and I think that's hesitation. It's not only among Republicans. I think you're hearing it from other corners as well.

But this is a crowd with the exception of Chris Christie, though on this one he's really in line with everybody else who hasn't really gone after the former president. They have been very treated him with kid gloves throughout this process, which is perhaps why he is so far ahead of them.

[09:20:03]

BOLDUAN: It's also interesting I have not seen the Biden campaign comments on this yet. And I -- this morning I was -- I found myself kind of searching for it, because at first, you would think they would be one of the first to react. But then again, it seems that maybe it is a bit of a minefield for the Biden campaign to weigh in.

KUCINICH: They have been very cautious about weighing in on matters of, you know, judiciary, of course. Because, well, Republican voters, by and large believe that these are political prosecutions. The Biden doesn't want to give them a reason to, you know, attach facts to that belief. So, they have been just as all of these indictments, indictments, plural, that's the world we live in right now. Several of these court cases have gone through. They've been very, very careful to stay far away from them and just focus on you some of the other things that the former president has said.

BOLDUAN: Yes, and especially when it's -- especially when a court ruling has to do with whether or not Donald Trump can be on the ballot --

KUCINICH: Absolutely.

BOLDUAN: -- that seems to be that, that even raises probably a little bit more to the level of we're not going to touch this with a 10-foot pole.

But when you're looking at the response from the Republican candidates, some of the response we've heard from voters. Do you think this could serve forget the legal argument? Just the political fallout of this legal conversation about Donald Trump being removed, at least for now from ballot. This could serve to rally Republican voters more around Trump. I mean, even voters that do not like Trump and are leaning towards another Republican candidate. They may not like Trump, but they definitely don't like being told what to do.

KUCINICH: Kate, all you need to know, to answer that question is Trump immediately started fundraising off of this after it entered this ruling came down. Every time we've seen some one of these court cases go against the former president, you have seen Republicans really rally around him come closer to him. And because they believe that he is a victim in all of this. Now there is a sec -- a sec, that don't want him on -- that don't want to vote for him. But that doesn't mean that they like that, you know, he's in this legal jeopardy across the board.

But certainly, this could backfire. The folks that brought this against him and just you know, really close the ranks around him and make him a stronger force in the Republican primary.

BOLDUAN: It will be interesting to see kind of what, what the tentacles and the fallout and the tail of this will be.

KUCINICH: (INAUDIBLE).

BOLDUAN: Jeff Zeleny mentioned this new suit -- this new ad, from the Haley Super PAC. Seeming to respond to Trump's new focus and attacks on her. I want to play a piece of it for everyone. Listen to this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Of all the Republicans running for president, why is Donald Trump only attacking Nikki Haley? Because Trump knows Haley's the only one who can beat him. Wanting an 80-year-old name from the past or a new generation of conservative leadership?

(END VIDEO CLIP) BOLDUAN: Getting right to it. I mean, what do you think this says about kind of what they think are the Super PAC or, you know, supporting Haley? What they think the race in New Hampshire specifically is coming down to?

KUCINICH: Yes. Well, look, her poll numbers have really risen, that she's still behind the former president, but they really compared to where they were even a month ago, Haley is within striking distance. And our columnist James Kendall (ph) has a piece today that says if you squint, this actually in New Hampshire in particular is starting to look like a Republican primary instead of a runaway, which is what you're seeing, you know, frankly, in places like Iowa. And the reason Nikki Haley is being attacked is because he's already gone through Ron DeSantis. Right? I mean, he's, you spent so much time attacking Ron DeSantis. But now Haley is rising.

So she is, according to the polls, the most formidable candidate against Donald Trump, at least in New Hampshire, which is a critical early primary state.

BOLDUAN: That's great. It's great to see you, Jackie. Thank you.

KUCINICH: Likewise. Thanks, Kate.

SIDNER: All right. Still ahead. What Donald Trump actually used as a big rallying point at his Iowa event overnight? Hint, it had nothing to do with the Colorado decision.

Also bursts of molten lava and toxic gas exploding into the air. Look at those pictures. We are live in Iceland. The very latest on that volcanic eruption that force an entire town to evacuate and why the danger is still very real at this hour.

(COMMERCIAL BREAK)

[09:29:01]

BOLDUAN: We're going to show you, look at these new pictures coming out of Iceland where experts are saying the volcano that is still erupting is now pushing considerable, considerable amounts of toxic gas into the air is how they're describing it. And there are new concerns this morning that those gases could reach as far as Reykjavik, the nation's capital of course and largest city.

Now in this -- another video I want to show you, you can see people sailing standing, I would say dangerously close to the volcano. These are scientists getting a closer look at the volcano from a rich.

CNN's Frederik Pleitgen has more from Iceland for us.

(BEGIN VIDEOTAPE)

FREDERIK PLEITGEN, CNN SENIOR INTERNATIONAL CORRESPONDENT (on-camera): Hi, Kate. Well, the authorities here are saying that the volcanic activity is subsiding a little bit but certainly the danger by far isn't over. Of course, in the initial hours after the first eruption took place, we saw that massive wall of magma coming from that fissure and some of the lava being spewed hundreds of feet into the air. Also, those lava flows coming from that as well moving laterally into the immediate area. That's calmed down a little bit.

[09:30:04]

The authorities first saying that they believe that was about five events that were still active, still spewing.