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Trump Anticipated to Challenge Ballot Withdrawals in Colorado and Maine Today; Iranian Navy Sends Destroyer to the Red Sea; Russian Missile Attack Left 5 People Killed and Over 100 Wounded; Court Docs Naming Epstein Associates to be Unsealed; Investigation Underway into Deadly Plane Collision to Tokyo Airport. Aired 10:30-11a ET

Aired January 02, 2024 - 10:30   ET

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

[10:30:00]

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RAHEL SOLOMON, CNN BUSINESS CORRESPONDENT AND ANCHOR: Welcome back. We are standing by for Donald Trump to take major legal action today, now just 13 days out from Iowa. At any moment now, Trump is expected to appeal both decisions in Colorado and Maine to remove him from their primary ballots. Also today, a key deadline in his immunity fight as his federal election subversion trial that starts the day before Super Tuesday, by the way, nears.

With us now is Business and Compliance Attorney and Constitutional Attorney Zeth -- Seth Berenzweig. Seth, good to have you. Let's start with just how, the how the 14th Amendment will be applied here. What do you think?

SETH BERENZWEIG, BUSINESS AND COMPLIANCE ATTORNEY, CONSTITUTIONAL ATTORNEY, AND WHITE COLLAR DEFENSE LAWYER: Well, the Supreme Court is going to be called upon as to whether it will exercise jurisdiction over this case. They probably would prefer not to because it's obviously a political hot potato. But they will probably have to accept the case because you have different jurisdictions coming up with different rulings and different standards. So, that's one of the aspects of accepting jurisdiction before the Supreme Court.

So, they will have to apply a rule of consistency in terms of what they will do when they likely have it. They will have to make a determination principally whether the Colorado Supreme Court was correct in ruling that Mr. Trump was an officer within the meaning of the 14th Amendment's disqualification clause. And it's going to be difficult for them to, in my view, conclude that he is not an officer when he leads the office of the presidency under the United States.

So, they're going to have a number of issues, not only from a substantive standpoint, but they'll also probably look through the lens on some procedural aspects. For example, they may make a determination as to whether the plaintiffs in these kinds of cases have legal standing to assert these kinds of cases. And the Supreme Court may try to avoid substantive rulings by looking at the procedural issues. Time will tell, but we do know that the appeal is being filed today. So, it really is a historic day here in Washington. SOLOMON: Yes, absolutely. And -- I mean, let's assume for a moment that the Supreme Court picks this up, which, as I understand it, you believe they will. I mean, walk us through when, the when that might happen, because of course, you know, I mean, we're two weeks out from Iowa. I mean, 2024 is fast approaching.

BERENZWEIG: Well, one of the great things about being a federal judge is that you have a lot of power, and you can apply what you want, when you want. But in terms of directly answering your question, I think that everything will happen very quickly. As you have correctly noted, Mr. Trump is filing his appeal to the Supreme Court today. The Supreme Court will probably have to make a determination on that within the next few days. And I also believe that when they likely accept the case, that they will accept an expedited briefing schedule. It will be an unusual process. But keep in mind, everybody in Washington in the judiciary knows what's going on.

So, for example, in another case that you also noted a moment ago in the D.C. Circuit Court of Appeals, they are also on a quick expedited hearing that will take place next Tuesday, that will also be accelerated to the Supreme Court.

So, we have a lot of developments that are percolating and pushing rapidly towards the Supreme Court. I believe that they'll issue a ruling because there's a lot of activity happening politically. They know they have to make this landmark ruling as soon as possible.

[10:35:00]

SOLOMON: Yes, speaking of new developments and switching topics a bit to the election subversion case, today is also the deadline for Trump's team to file their rebuttal. I mean, what are you expecting there?

BERENZWEIG: Well, it's really interesting because Jack Smith filed a very persuasive brief to which Mr. Trump will be filing a reply, a rebuttal brief today. And in that brief, the special prosecutor noted, really, in keeping with the great precedent that he cited, that -- the question is whether or not the acts at issue were political versus official.

And the thing is that we already can read some of the tea leaves on this case. Mr. Trump will of course be arguing in opposition to that and saying that he's entitled to immunity. However, we already have an advanced read because this court, only a couple of weeks ago, in the D.C. capitol riot, D.C. police case, also ruled that presidential immunity was off the table for acts during the presidency that were political and not official.

So, I think that's going -- we have a crack in our crystal ball. We don't know exactly what they'll do, but I predict that the hearing will occur as time next Tuesday. That decision will probably be out within a matter of days and will also accelerate very rapidly to the U.S. Supreme Court.

SOLOMON: Certainly, a lot to watch. Seth Berenzweig, thank you so much. Good to see you.

BERENZWEIG: My pleasure.

JOHN BERMAN, CNN NEWS CENTRAL CO-ANCHOR: All right. Developing this morning, we're learning that an -- that Iran has deployed a naval destroyer to the Red Sea. This comes at a time of soaring tensions in the key shipping route amid the Israel-Hamas war.

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[10:40:00]

SOLOMON: Welcome back. As tensions oar in the Middle East, the Iranian Navy has deployed a warship to the Red Sea. This movement comes just a few days after the U.S. military sank three boats belonging to the Houthis. The Houthis are an Iranian-backed group from Yemen who have been targeting commercial vessels in the Red Sea.

Let's bring in CNN's Natasha Bertrand who is following all of this for us from the Pentagon. So, Natasha, how is the Pentagon responding to this?

NATASHA BERTRAND, CNN NATIONAL SECURITY REPORTER: Well, Rahel, a defense official tells us that they are monitoring the situation closely, of course, because it comes amid all of the rising tensions in the Red Sea with the Houthis, which are an Iran-backed group. Iran does provide support and intelligence to the Houthis, according to the White House.

And so, the U.S. is monitoring this very closely. However, it is important to note that this is not the first time that Iran has deployed assets to the Red Sea. They operate there pretty regularly. But the U.S., of course, is eyeing this because of the fact that they say that Iran has been providing the Houthis with the kind of maritime intelligence that they need to select targets in the Red Sea as they hit commercial vessels there.

There have been over a hundred attacks by these Iran backed Houthi militants on commercial vessels in the Red Sea since -- really, in the last month and a half. And so, the uptick that we have seen is really remarkable and it has really insnared international shipping and commerce.

The fact that Iran is now there, just a day or two after the U.S. shot -- fired on small boats that contained Houthi militants, sinking them and killing all of those Houthi militants on board could be seen as a sign that Iran is trying to present a show of force to the Americans, of course, who are operating in the area. Because if you'll recall, the U.S. also set up a multinational maritime task force to bolster security in the Red Sea to try to prevent the Houthis from launching these attacks and to escort vessels that are transiting the area so that they feel safe going up and through the Suez Canal so that international shipping can kind of get back on track here.

So, this is not right now being seen by the Pentagon as a direct threat to the U.S. or any of its allies. Instead, they are watching it very closely. They do not necessarily think that Iran is going to conduct any kind of provocations here. But both sides obviously trying to send a message to the other there that they are in the region. They can respond if and when they deem it is necessary for help.

SOLOMON: Now, with huge implications that that region is -- that channel is an area of 12 percent of global commerce travels through. So, there's huge implications. Natasha Bertrand live force there at the Pentagon. Natasha, thank you.

John.

BERMAN: All right. Joining us now, CNN Military Analyst and Former NATO Supreme Allied Commander General Wesley Clark. General, this is the Iranian naval vessel that is being deployed. I can show you where it's going. It's going in the Red Sea, particularly down in this area right here where there's been a lot of activity the last several days. What is the presence of this Iranian vessel change?

GEN. WESLEY CLARK (RET.), CNN MILITARY ANALYST, FORMER NATO SUPREME ALLIED COMMANDER, FOUNDER, RENEW AMERICA TOGETHER, AND SENIOR FELLOW, UCLA BURKLE CENTER: So, it is -- you know, first of all, it's going to collect intelligence on U.S. activities in the area. It's going to serve as a deterrent. or they believe it will deter U.S. actions against the Houthis. It will certainly inhibit us in the sense of maneuvering. It's one more factor for us to consider. It raises tensions in the region. It shows Iran's hegemonial aspirations, demonstrates those, and we will just have to see where this goes, John.

If the Houthis say, OK, we got the Iranians here. Now, we're not going to interfere with the shipping. Fine. If the Houthis say, now, we got the Iranians here. We can do more to interdict the shipping. Iran has got to get its destroyer out of the way as we protect the shipping. If that destroyer gets in the way, if it interferes with the shipping, if it supports the Houthis, then that is a challenge that will have to be met by the United States militarily.

BERMAN: We'll have to watch this develop over the next several days. Let's talk about what's happening in Ukraine, because Russia has continued its air assault on this nation, including the capital of Kyiv, where we have seen destruction inside the capital city.

Now, it's believed that these attacks carried out with a number of different types of weapons, but one thing that the Russians are using are these airborne hypersonic missiles which can deliver quite a blow, certainly, to civilian areas here.

[10:45:00]

Talk to us about what these weapons in the fact that Russia is using them.

CLARK: Well, first of all, these weapons can be shot down by Patriot missiles. But the Russians are using them in combination with other devices with ballistic missiles, with the Iranian supplied drones and other things. And they are coming at such a way from such directions is to basically overwhelm the Ukrainian's defense management system.

If you could get the Patriots in the right position, if you could cue them at the right time, they could stop these missiles, but there aren't enough Patriots to handle all of the requirements there. So, this is an ongoing struggle. It's going to cause a lot of pain and grief in Ukraine, and the United States and the West have got to provide the assets, more assets, to enable Ukraine to handle this. And that's very difficult because we're not producing and we don't have any excess Patriot batteries right now.

BERMAN: As long as we're talking about air power, we have learned now that since this latest round of air attacks from Russia began, the Polls have said -- in Poland, they have said that some of the missiles have flown over Polish airspace. And now Poland says, it's going to deploy some of its warplanes over its country in its own defense. Is this posturing in general? What's going on here?

CLARK: I think it is posturing. I think it's a political move by the government in Warsaw. I don't think that the Russians intend to strike Poland. That's an entirely different scenario if they were to do that. But on the other hand, Poland is showing its concern and it's showing its concern not only to its domestic population, but to the other members of NATO, and particularly to Germany, France and the United States.

It's part of Europe asking the United States to lead, do more, get reinforcement equipment to Ukraine. Help Ukraine fight Russia in Ukraine. It's all part of the diplomatic signaling going on right now.

BERMAN: General Wesley Clark, as always, we appreciate your time. Thank you so much for being with us today. Happy New Year.

CLARK: You too.

SOLOMON: All right. Still ahead for us, a list of more than 150 people linked to the late sex offender Jeffrey Epstein is set to be released. Coming up, details on who could be named. We'll be right back.

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[10:50:00]

SOLOMON: Welcome back. A federal judge for the Southern District of New York has ordered the release of names and documents tied to Jeffrey Epstein's associates and victims. Records for over 150 individuals will be fully unsealed and others will remain partially sealed. The move aims to expose Epstein's associates involved in sex trafficking. Including those mentioned in Ghislaine Maxwell's trial, Epstein's ex-girlfriend, and accomplice.

Let's bring in CNN's Kara Scannell, who is tracking the report. This could come down really any day now.

KARA SCANNELL, CNN CORRESPONDENT: Yes, I mean, the judge is giving people 14 days, that was a couple of weeks ago, and says if no one appeals and they will begin posting these documents online. And you know what we can expect from this is, you know, this was the civil lawsuit brought by one of Epstein's most outspoken accusers, Virginia Roberts Giuffre.

And we have already seen information come out about that over time. I mean, she has accused some prominent men of sexually assaulting her, including Former Senator George Mitchell, Former Texas Governor Bill Richardson. Both of those men and their spokespeople have said in the past that they never met her, they certainly never met her, they never abused her.

You know, she also accused Alan Dershowitz, the prominent attorney, sued him, then later dropped that lawsuit saying that she may have been mistaken about including him in this. You know, she also sued Prince Andrew, that's probably one of the most prominent people that she has accused of sexually abusing her. They had reached a settlement where he agreed to pay a substantial amount to a charity.

So, you know, as part of a lawsuit, the lawyers collect a lot of information. That includes depositions, calendar entries, flight logs. So, expect we will see a lot of that type of material becoming public with some of these names unsealed. And these names could be anyone from other prominent individuals who she or others. These could be depositions with other accusers, with others involved. You know, we will see names come out in that. We may also see names of people who just work for Epstein that are not accused of any wrongdoing but their names have already become public either through the criminal trial of Maxwell or through other means.

So, this will really give us, I think, shedding a lot more light on the Epstein universe, kind of his whole sordid life. The extent of what we learn that is going to be new or a shocking new name remains unclear at this point. But it is certainly going to shed a lot more light on the universe of Jeffrey Epstein and all the allegations that have swirled around him for two decades.

SOLOMON: Yes, we won't know how many revelations are there until it's out there. Speaking of how it's out there. I mean, is this -- do we expect this to happen, sort of, all at once for this to be sort of unsealed, or will it happen gradually? Is it clear the process that this will take?

SCANNELL: Well -- so, what the judge said is that once this 14-day window expires and no filed an appeal, and I haven't seen any appeals filed on the docket. So, it looks like things are moving ahead. She said then the parties will confer and then begin posting the material.

So, it may be the type of thing where we start to see the posts come in one after another. I think that's why we're not -- I mean, that is why we're not sure exactly when it's going to happen because there is this ability for the parties to work together to begin posting was expected to be, you know, a voluminous amount of information. So, I would expect it will be something that once they start doing it, we will start to see it continue, but there's not a clear process for how that's going to play out.

SOLOMON: OK. Well, we know we'll -- you'll be watching it for us. Keep us posted, Kara Scannell. Thank you.

BERMAN: All right. New accounts from passengers who were on board a Japan Airlines flight that collided with a plane on the runway and burst into flames. At least five people were killed. Amazingly, hundreds were able to evacuate safely.

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[10:55:00]

SOLOMON: What went wrong? That's the question for authorities after a passenger jet carrying nearly 400 people burst into flames after a deadly runway collision in Tokyo. Coming up, the terrifying moment of impact.

BERMAN: New details on the driver who plowed into a crowd of concertgoers in New York. What police just revealed.

SOLOMON: And will Donald Trump, this hour, file appeals in Colorado and Maine to get back on the ballots? Legal action is expected at any point. We're speaking with Colorado's Secretary of State.

I'm Rahel Solomon alongside John Berman today. John, good to be with you. This is "CNN News Central."

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