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Supreme Court Now At Center Of Trump Legal Fights & 2024 Election; GOP Rallies Around Trump After Colorado Ballot Ruling; 6 American Detainees Return Home From Venezuela; TX Governor Flies About 100 Migrants To Chicago. Aired 9-9:30a ET

Aired December 21, 2023 - 09:00   ET

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

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[09:00:38]

KATE BOLDUAN, CNN ANCHOR: Donald Trump now asking the Supreme Court to stay out for now in one legal fight that he's facing. Just as he could soon be asking the High Court to jump in and yes, please intervene in another.

OMAR JIMENEZ, CNN ANCHOR: And new U.S. intel on Hamas's growing influence. American officials now warning the terror group is dramatically more popular since its horrific and brutal attack on Israel.

BOLDUAN: The holiday travel season is in full swing. Today is expected to be the busiest day at the airports in this crazy holiday travel period. It's also officially the first day of winter. Welcome. A look at the potential of strong clubs (PH) ahead for your travel plans.

I'm Kate Bolduan with Omar Jimenez. Sara and John are off today. This is "CNN News Central."

JIMENEZ: There's a new star taking the spotlight of the 2024 presidential election. No, not a candidate but the Supreme Court. The justices could take up several cases that could decide the fate of Republican front runner Donald Trump, including if Trump is even eligible for the White House. Trump's team is expected to file an appeal with the high court next week over Colorado's decision to boot him off the primary ballot. The other big issue, is he immune from prosecution for alleged crimes he committed while in office?

Special Counsel Jack Smith was hoping to skip straight to the Supreme Court to answer that question. So, we can keep the march start date for the Federal Election subversion trial. But Trump's legal team is asking the court to stay out of the dispute, at least for now.

So, let's kick things off with CNN's Katelyn Polantz is in D.C. Katelyn, we just through a lot of everybody, but that's why we've got you here. Let's start with when could the Supreme Court actually announced whether it will take up this question of immunity.

KATELYN POLANTZ, CNN SENIOR CRIME & JUSTICE REPORTER: Omar, it could be at any moment. It is now before them. They have heard from both the Justice Department and Trump's side. There is the special counsel that is hoping that the Supreme Court will take the case at this time. Donald Trump obviously doesn't want to do that, he wants to drag things out as long as possible related to his criminal case. And his trial, which is set for March. He doesn't want it to happen at that time.

But Jack Smith, the Special Counsel, the Justice Department, they have made a lot of arguments about why the Supreme Court should look at this immunity question now. They say it's in the public interest. And they've, they've essentially told the Supreme Court, you're going to have to deal with this at some point or another.

Right now, there's an intermediary court and appeals court in D.C. that is scheduling arguments, they're ready to look at this immunity question. Does Donald Trump have immunity because he was president at the time after the election? Does he have -- can he go to trial because he was already tried in Congress related to his impeachment? Can he be trialed in court to as a criminal defendant? There is an appeals court looking at that in January with oral arguments.

And so, the question on the table for the Supreme Court is do they wait to see what that lower court says? Or are they ready to go now? Trump's team in their filing yesterday warned, don't do anything with reckless abandon. We don't want any rushes to judgment. And so, the Supreme Court is going to be thinking about that as well as they decide what to do next.

JIMENEZ: Yes. And so that effort stems from the federal case, the federal election subversion case, but over in Colorado, that is the state case dealing with the 14th Amendment over whether he's actually eligible to be to be President, again, at this point. So, what's -- what happens next in the Colorado State Supreme Court case?

POLANTZ: Well, Omar, all of these are about how the law grapples with Donald Trump what he did after the 2020 election, and specifically that Capitol riot. The question in Colorado is can he be on the ballot if the courts find that he qualifies as an insurrectionist? Somebody who was trying to tear down the Constitution? Can he be an office holder again?

And so right now, the big picture here is that Colorado says not in our state. They're putting some things on hold. And so, the next thing that would need to happen is Trump's team would have to go to the Supreme Court to ask for their intervention.

But really, when you sit back and look at it, it's a question of are the states going to be deciding this one by one of whether Donald Trump can be on the ballot because of what happened after June -- after the 2020 election? Or is the Supreme Court going to determine the law of the land before the next election.

[09:05:06]

JIMENEZ: And of course, we've already seen a lot of those efforts try to play out at the state level and -- in places like Michigan, Minnesota, Colorado, the only one to even get to this point. We will see if the Supreme Court takes it up.

Katelyn Polantz, thanks so much.

BOLDUAN: And in the wake of Colorado's historic ruling, removing Trump from the ballot there, Republicans are mostly rallying around the former president, even his 2024 rivals as we've been seeing all of the top Republican presidential candidates coming out strongly against the ruling. Trump's former Attorney General Bill Barr, not a fan of Donald Trump, does not want him to be reelected, he says. But he, Bill Barr not only disagreed on the legal basis of the ruling, but also says that he expects it to help Trump politically.

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BILL BARR, FMR U.S. ATTORNEY GENERAL: I think this kind of action of stretching the law taking these hyper aggressive positions to try to knock Trump out of the race are counterproductive. They backfire. As you know, he feeds on grievance just like a fire feeds on oxygen and this is going to end up as a grievance that helps him.

(END VIDEO CLIP)

BOLDUAN: CNN's Alayna Treene joins us now with more on this. Alayna, you've been talking with Donald Trump's team, how are they planning to try to use this to their advantage?

ALAYNA TREENE, CNN REPORTER: Well, Kate, they have a playbook because Donald Trump has of course, been indicted four times over the past year now. And they're going to use that exact same playbook, it to respond to this ruling by the Colorado Supreme Court. And essentially, it's to attack this decision as a political interference that because Donald Trump is currently the Republican front runner, they're trying to hurt his candidacy, his candidacy.

They're also going after the judges on the bench, specifically something we've seen them do time and time again, with his other legal challenges. They're arguing that they are biased against the former president. And then, of course, as he's done time and time again, as well, they are trying to fundraise off of his legal misfortune.

Now, I think as you look to the bigger picture and how the Republican Party is responding, as you mentioned, Kate, they are all rallying around him. Many of Donald Trump's rivals and primary challengers have really argued that they do not think it's a judge's place to decide who is on the ballot in 2024. And we did hear from one candidate Nikki Haley, in Iowa yesterday, who essentially argued that she wants to try and beat Donald Trump on the merits.

Take a listen to what you had to say.

(BEGIN VIDEO CLIP)

NIKKI HALEY, (R) PRESIDENTIAL CANDIDATE: I am going to defeat Donald Trump on my own. I don't need a judge to go take him off. I don't think you should be president. I think I should be president. I think our country would do a lot better if I was. But we should have this race fair and square with him on the ballot just like everybody else.

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TREENE: Now, Kate, you could hear their Nikki Haley arguing that she wants Donald Trump to be on the ballot, and she wants to go head-to- head with him. But look, I think bottom line here is that this decision has really put a lot of Donald Trump's challengers in a very difficult position. We're seeing these candidates crisscross Iowa, New Hampshire trying to make the argument that they are a better candidate, trying to distinguish themselves from Donald Trump.

But as we've seen over the past year, time and time again, they are being forced to respond to some of his legal troubles, and in many times defend him because most of the Republican Party does view a lot of these court battles as political persecution for Donald Trump.

BOLDUAN: Yes, it's forcing them to focus in and talk about Donald Trump where they want to be talking about themselves.

TREENE: Exactly.

BOLDUAN: But I was interested in seeing DeSantis yesterday trying to harness it and saying, here's another example of why we need to move forward and not maybe not go with someone who has all of these legal troubles that are up against and only going to continue to be going forward. So, they're, they're trying, let's see. It's good to see you, Alayna.

JIMENEZ: So, to talk about this all, I'm joined by a former Manhattan prosecutor, Jeremy Saland. Jeremy, great to see you.

Look, I don't know that I've ever seen politics and the court system so intertwined in a campaign when ballots haven't even been counted at all. And I want to start with the Colorado State Supreme Court ruling because it's on pause, essentially, till January 5th, and pending the Supreme Court whether they weigh in. I want you to take a listen to California Lieutenant Governor, on her reaction to where this could potentially go.

(BEGIN VIDEO CLIP)

LT. GOV. ELENI KOUNALAKIS, (D-CA): For the courts and the court in Colorado to make a determination that he meets the threshold as an insurrectionist, we absolutely have to consider that in determining whether or not he's qualified to be on the ballot in California.

(END VIDEO CLIP)

JIMENEZ: So that's another state and efforts like this have already failed in Michigan, Minnesota. Could this have a domino effect if it moves forward?

JEREMY SALAND, FMR PROSECUTOR, MANHATTAN: I think it candidate certainly is, but it's really not the right answer. I think ultimately, the Supreme Court just step in and says no, because there needs to be some sort of guidelines in his --there's due process there, not necessarily when people think proof beyond a reasonable doubt at a criminal trial, because he has not been convicted. But there's still needs to be some sort of process and that's really up to Congress.

[09:10:03]

And this is where the politics I think colored things too much. You know on the merits Donald Trump should or should not be president and that may be applied to the 14th Amendment. But this is not the way to do it right now. And unfortunately, we're going to see a lot of this, and it's just going to invigorate his base, it's not going to get at the result that some people want it to get to on the left.

JIMENEZ: Yes. And all right. So that's in Colorado, and D.C. at the federal level, we're also waiting for a potential weigh in from the Supreme Court, because Special Counsel Jack Smith is wants to take that case, straight to the Supreme Court, at least one issue of whether Trump is actually immune or not from facing prosecution here.

From a prosecutor standpoint, Trump's team has argued, well, this should go to an appeals court, let's keep this process going of what we would typically see. What is there a strategy to keep this from getting there and just going straight to the Supreme Court? Why would a prosecutor want to do that?

SALAND: Well, it's clear that one side is going to demand or request that it ends up before the Supreme Court. This is not ending, as we know already in the trial court. This is not going to end in the circuit court, meaning the appellate court. So ultimately, the Supreme Court is going to have to render a decision on this. So why not move that forward? The question is, in part, among many other issues, is it has already been favorable to, to Smith and his team, is he in a position to make that demand and make that request? We know there have been times roughly 20 since 2019, that this does happen.

But you know, Trump's team is delay and you can say that as much as you want, delay, delay, delay, not necessarily the substance of it through looking at the procedural process of it.

JIMENEZ: And when you skip potentially an appellate court and go straight to the Supreme Court, what I mean, is that something that we commonly see, and are there any downsides to doing that? Especially when it sounds like they feel like they can see a roadmap to where they will end up eventually?

SALAND: So again, I wouldn't say it's typical, but it has happened. And I believe it's numbers 19 times since '19, you saw that with the Watergate tapes, there was years ago, a Nazi involving Nazi saboteurs. And more recently, you've heard it with affirmative action. So, it's a typical, typical, you know, it's certainly less common, but it makes sense for the prosecution to do this, because we want as a prosecutor to have this trial before March 4th, because if this goes on to the circuit court, it's going to delay.

But keep in mind, the circuit court, I believe, I want to say January 2nd, I think they said this is when you have that filings, and then by the 9th is oral arguments. So, this process is already moving in that appellate mid-tier court.

JIMENEZ: And of course, all of this happening within a number of cases playing out in multiple jurisdictions, all in an election year. All potentially this one would be the one that could happen before an election, but we will see.

I got to leave it there. Chairman Saland, great to see you.

SALAND: (INAUDIBLE).

JIMENEZ: Of course.

BOLDUAN: Coming up for us. CNN is there as six Americans arrived back on U.S. soil after months in a Venezuelan prison.

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EYVIN HERNANDEZ, RELEASED FROM VENEZUELAN PRISON: All you think about when you're in prison is, how you didn't appreciate being free.

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BOLDUAN: Details on the swap that got these people home and who the Biden administration traded to get them free.

And the governor of Texas sends more than 100 migrants on a direct flight to Chicago and now they're stuck at the airport as the city is scrambling to find them some shelter.

Hamas says no more negotiating over hostages until Israel stops all military operations in Gaza. So, what now?

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[09:17:48]

JIMENEZ: Lost and feeling left behind. Detained American Paul Whelan tells the BBC, that's what's on his mind as he sits in a Russian prison.

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PAUL WHEELAN, AMERICAN DETAINED IN RUSSIA: I know that the U.S. has come up with all sorts of proposals, serious proposals, but it's not what the Russians are after. So, they keep going back and forth. The only problem is, it's my life that's draining away. Why will you do this? Now it's five years, so unfathomable to me that they'd left me behind.

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JIMENEZ: Despite two prisoner swaps with Russia, Whelan is still in Russia, where he's been for five years now.

Separate from that the U.S. did just negotiate a major swap with Venezuela to get all American citizens out of their prisons. Last night, six of the 10 released men landed in San Antonio and CNN's Ed Lavandera was there as they got off the plane.

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ED LAVANDERA, CNN SENIOR CORRESPONDENT (voice-over): The release of 10 Americans from Venezuelan custody unfolded so quickly, their families didn't arrive in time to greet them at the San Antonio airfield were six of the 10 walked off a plane with the U.S. State Department officials who negotiated their release.

SAVOL WRIGHT, RELEASED FROM VENEZUELAN PRISON: Free at last, free at last Thank God almighty, free at last.

LAVANDERA (voice-over): Savol Wright was one of the six American detainees who arrived in Texas. Venezuelan authorities arrested him in October. He was wrongfully imprisoned on terrorism charges and accused of conspiring with a political opposition of Venezuelan President Nicolas Maduro. Wright says he was kidnapped by Venezuelan authorities and held for ransom.

(on-camera): Did you think you were going to see this day anytime soon?

WRIGHT: I didn't know if I would ever make it out. And it's really scary to be in a place when you're used to having freedoms and you're locked into a cell. Sometimes with, with four other people, very tiny cell and to realize, am I ever going to get out of this?

LAVANDERA (voice-over): Roger Carstens is the U.S. government's Special Presidential Envoy for Hostage Affairs and was part of the extensive team involved in negotiating the prisoner release.

ROGER CARSTENS, SPECIAL PRESIDENTIAL ENVOY FOR HOSTAGE AFFAIRS: We left with everyone right now. There are no more Americans left in Venezuela, they're being held in the prison facilities.

[09:20:02]

LAVANDERA (voice-over): The deal also included the return of the infamously corrupt military contractor known as "Fat Leonard Francis." He was the mastermind of the largest bribery scandal in U.S. naval history and escaped to Venezuela last year after his conviction in 2015. In exchange, the U.S. agreed to return Alex Saab, a close ally of the Venezuelan President who was facing prison time in the U.S. on corruption and money laundering charges.

CARSTENS: If you don't make a hard decision like this, you're basically writing these guys off, because the other side never asked for something easy.

HERNANDEZ: I'm incredibly, incredibly grateful. I'm sorry, I can't even speak.

LAVANDERA (voice-over): Eyvin Hernandez was wrongfully imprisoned in Venezuela for 630 days. He says he was held in a makeshift prison and endured psychological mistreatment. HERNANDEZ: So, they keep you there, and inhumane conditions and they make your life a living hell. They do everything in their power for you to lose that pace and to try and make you go crazy.

LAVANDERA (voice-over): Despite this, Hernandez says he doesn't harbor any anger or hatred to those who imprisoned him. And he hopes the U.S. and Venezuela can come to discover peaceful relations.

HERNANDEZ: All you think about when you're in prison is how you didn't appreciate being free while you were free. There's no way to understand what it's like to be imprisoned unjustly and not have any way off. And so, it's been a long time coming.

(END VIDEOTAPE)

LAVANDERA: The men said they woke up in their jail cells in Venezuela yesterday morning and were flown to an island in the Caribbean. That turned out to be a meeting point where they waited for almost six hours before they were told that the final details of the deal between the U.S. and Venezuela had been hammered out and then they were put on the flight back home.

And one other note, Omar, the "Fat Leonard" Francis is expected to make his first court appearance back in the U.S. in Southern California later today. Omar?

JIMENEZ: Ed Lavandera, thank you so much.

BOLDUAN: Coming up for us, migrants are caught in the middle. Roughly 100 people are now stuck in limbo at Chicago's O'Hare Airport after being flown there by the governor of Texas. What is it going to happen? And we're going to give you an update.

Ron DeSantis takes on Donald Trump over his immigration rhetoric. So what DeSantis is pitching now is what he -- he'd be doing differently.

We'll be back.

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[09:26:55]

BOLDUAN: New this morning, some fresh data out on the strength of the U.S. economy right now. Economic growth expanded 4.9 percent in the third quarter. That numbers actually revised down from an earlier number. So slightly weaker than expectations but still seen as very small, very strong. When you're looking at the GDP it shows the economy growing at the fastest pace since 2021. And this comes after more good economic news this week as we reported. Consumer confidence is up in a pretty big way growing for the third month in a row.

JIMENEZ: Right now, over in Chicago City officials are trying to find shelter for about 100 migrants who landed at O'Hare International Airport last night. They were sent there by Texas Governor Greg Abbott as part of his latest efforts to move migrants to so-called sanctuary cities. The White House is responding to the fight this morning saying the move by Governor Abbott quote, adds to his tally of extreme policies was -- which seek to demonize and dehumanize people.

Joining us now is CNN's Whitney Wild. Whitney were the people on that plane made aware of what was happening.

WHITNEY WILD, CNN LAW ENFORCEMENT CORRESPONDENT: A source tells our colleague, Rosa Flores that when these migrants were approached about taking this flight that they were given a voluntary consent form. We were not there when that happened. So, we don't know what, what they were told. We don't know what the form said. But generally, what happens in situations like this is, you know, sometimes volunteers will approach migrants and say, this is a voluntary forum, it's going to say that you are agreeing to take this flight to whatever city New York, Denver, Chicago, it just depends.

So again, source telling our Rosa Flores that migrants were approached with this voluntary consent form. And then generally Omar, I can tell you in my own experience, migrants that I've spoken to have intended to come to Chicago. So that's the greater context here. Although again, we don't have the exact details of what the language was on that form.

This is coming at a very difficult time for the city of Chicago, winter is about to hit. We reported recently that when there were unit windshields down into zero degrees, physicians who were treating migrants, we're seeing upticks, in cases of things like pneumonia and other upper respiratory illnesses.

And really Omar the greater context here is that over the last several months in Chicago, the number of migrants surged significantly. It's severely strained the resources here in Chicago. At one point earlier this fall, there were more than 3,000 migrants living on the floors of police stations and airports. And it was only just within the last couple of weeks, that the city was able to partner with churches and open up more shelters to try to get those migrants off the floors of police stations out of airports.

And so, in the last again, a couple of weeks, the number of migrants without shelter dropped dramatically. When we saw a peak of 3,000 migrants, that was really the high watermark. Again, now it's around 300 migrants who are waiting for shelter at O'Hare. It's 296 is the latest number.

So, it just as the city is starting to get a handle on this, starting to be able to find shelter for these migrants, there are more flights coming in, continuing to strain the resources.

[09:30:05]