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Today, Haley, Trump in South Carolina as Crucial GOP Primary Nears; Biden Campaign Raised More Than $42 Million in January; Supreme Court Could Take Up Trump Immunity Claims Soon. Aired 10-10:30a ET

Aired February 20, 2024 - 10:00   ET

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

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FREDRICKA WHITFIELD, CNN ANCHOR: It's a home state showdown as Nikki Haley hopes to keep her campaign alive. But Donald Trump is leading in the polls in South Carolina. The tough questions she is facing.

SARA SIDNER, CNN ANCHOR: Plus, she disappeared in Spain two weeks ago and authorities say she needs medication. An American woman missing in Spain, investigators are now looking at the last message sent from her phone.

KATE BOLDUAN, CNN ANCHOR: An operation to take down a gang of the world's biggest cyber criminals. The FBI seizing a site on the dark web used to extort victims all over the world. We have that for you and much more.

I'm Kate Bolduan with Sarah Sidner and Fredricka Whitfield. This is CNN News Central.

SIDNER: Today, Donald Trump heads to South Carolina with just four days left until the primary race there. Trump is hoping for a dominant win in Nikki Haley's home state and the polls are definitely in his favor. But if Haley outperforms the poll, she could get a much needed boost heading into Super Tuesday. But if she does not, she will have to face a very tough question about the future of her campaign.

CNN's Kristen Holmes is joining us now from Washington, D. C., this morning. Kristen, what do we know about Donald Trump's strategy heading into South Carolina? Obviously, the poll numbers show that he doesn't have to do a whole lot.

KRISTEN HOLMES, CNN NATIONAL CORRESPONDENT: Yes, Sara, that's actually exactly right. Now, Donald Trump and his team believe that South Carolina is Trump country and that Saturday's primary is his to lose. And there is a reason for that.

I actually want to pull up those poll numbers just so we can actually see what we're talking about here. This is the most recent CBS News poll that shows Trump receiving 65 percent from likely GOP voters. That is compared to 30 percent for Nikki Haley. That is setting up for quite the shellacking if those poll numbers hold for Nikki Haley in her home state. Now, when it comes to Donald Trump's actual campaign strategy, it's been much less extensive than what we saw in New Hampshire or Iowa. One, it's been largely trying to create scenarios that embarrass Nikki Haley, bringing in South Carolina lawmakers to speak out against Nikki Haley, people who she worked with in the past.

But aside from that, it's been relatively low key. Trump himself has only visited the state once since New Hampshire. He does have events tonight as well as Friday and Saturday leading up to the primary. You've also seen no expensive ad buys in the state.

Now, I am told that they have extensive ground game there, grassroots movement, people going and knocking on doors, sending out mailers, but, again, much less extensive than the kind of ramped up situation we saw in Iowa and New Hampshire. And part of this is why you're seeing Donald Trump so visibly annoyed and angry at Nikki Haley for staying in the race. But, Sara, it's a Democratic process. She can stay in as long as she can stay in.

SIDNER: That is exactly right. And she plans to stay in at least through South Carolina and maybe into Super Tuesday, depending on what those numbers say.

Kristen Holmes, thank you so much for all your reporting. Fred?

WHITFIELD: All right. Hot off the heels of a major campaign haul, President Biden is leaving the White House soon to, you guessed it, raise even more money in hours. He heads to California for a three-day fundraising blitz. And he'll get there with a historic $130 million of cash now on hand. His campaign says it raised more than $42 million last month alone.

Kate spoke with campaign co chair Mitch Landrieu last hour, and he's excited about donor enthusiasm.

(BEGIN VIDEO CLIP)

MITCH LANDRIEU, CO-CHAIR, BIDEN 2024 CAMPAIGN: Enthusiasm is always measured in how many contributions you get and how much money you're able to raise. And so by any measure, no matter who you compare it to, it's the best that we've seen in this quarter ever.

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WHITFIELD: All right. CNN White House Correspondent Arlette Saenz joining us right now. Arlette, what more is the White House saying ahead of this trip?

ARLETTE SAENZ, CNN WHITE HOUSE CORRESPONDENT: Well, Fred, the Biden campaign is building up a sizable campaign war chest as they expect to take on former President Donald Trump in November.

Those numbers that you ran through, $42 million in the month of January alone, along with ending the month with $130 million as cash on hand, really speaks to the fact that so far, the donor class is firmly behind the President Biden, even as there are some anxieties about his re-election bid. But this all comes as so far, Biden has outpaced the former president and Republican primary rivals throughout this fundraising contest over the last year -- less than a year since the president has been in the race.

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But the president today will be heading out to California for a three- day fundraising swing. That will take him to events in Santa Monica, also Los Altos Hills, in Silicon Valley, as well as some events in San Francisco, including one with former House Speaker Nancy Pelosi.

One source tells me they anticipate it could be quite a lucrative campaign swing, with the source saying that they could raise as much as $10 million over the course of the next three days.

But the campaign is also not just relying on these high dollar donors, but also really trying to boost and tap into those grassroots small dollars contributions. They say that January was the most successful month they've seen when it comes to small dollar donations.

And just to run you through a few of those numbers, they had 422,000 unique donors contributing in the month of January alone. 97 percent of the campaign's donations since the launch have been under $200. And they've also had these 158,000 donors commit to donating each month, giving the campaign the ability to tap into those small dollar donors heading into November.

And the campaign is really praising this moment, celebrating it. A campaign spokesperson says, quote, this haul will go directly to reaching the voters who will decide this election. That's reason number 355 million that we are confident President Biden and Vice President Harris will win this November.

355 million is a direct jab at former President Trump, who will have to pay that amount in the wake of that New York civil fraud case.

But, really, Trump has been an animating factor for small dollar and high dollar donors in this election. If you take a look at some of the campaign's small dollar online fundraising pushes in January, they were able to bring in quite a bit of money around events featuring the former president.

The campaign says they brought in nearly a million dollars a day in the three days after Trump won the Iowa caucuses. They brought in another $1.6 million after Biden delivered that fiery speech, painting Trump as a direct threat to democracy.

And when I've spoken to high dollar donors, the people who are attending, people who are hosting these big events for the president, they truly do believe that the race will become more crystal clear for voters as they present this contrast between Biden and Trump. And that is part of what is driving this money push, especially with those high dollar donors. And it all comes as the campaign is preparing for quite an expensive race heading into November.

WHITFIELD: All right. Arlette Saenz, thank you so much. Kate? BOLDUAN: So, Nikki Haley is still pounding the pavement in South Carolina ahead of the very important primary. She's expected actually to give a big speech in just a couple of hours, billed as a state of the race address. I'll be listening in closely to that.

No matter what, Nikki Haley has made clear she is in it for the long haul, meaning at least through Super Tuesday. Listen.

(BEGIN VIDEO CLIP)

NIKKI HALEY, REPUBLICAN PRESIDENTIAL CANDIDATE: I'll promise you this. I am in this fight. I will take the bruises. I will take the cuts. This is going to be messy. And I'll take the hurt because I believe nothing in good comes easy. Sometimes we have to feel the pain to appreciate the blessing.

(END VIDEO CLIP)

BOLDUAN: What does that message mean in South Carolina ahead of this primary now days away?

Joining us right now is former Republican Congressman from New York John Katko. He's supporting Nikki Haley's campaign. It's good to see you, Congressman.

What do you think victory looks like in South Carolina for Nikki Haley?

FMR. REP. JOHN KATKO (R-NY): Well, victory really is Nikki Haley winning the presidency. And this is just a stepping stone in that direction. So, you know, they've underestimated her in Iowa, they underestimated her in New Hampshire, and she keeps gaining steam and she's the only person left to oppose him. And there is a market for that and there is a spot for that. And I think she has a good shot.

BOLDUAN: One thing that Nikki Haley has been unyielding on, especially in the last couple days we have seen, is her criticism of Vladimir Putin and Russia, especially in light of Alexey Navalny's death. And with that, she has gone hard at Donald Trump for his silence on this. She said specifically yesterday, I don't know why he keeps getting weak in the knees when it comes to Russia.

Congressman, if Donald Trump is weak in the knees when it comes to Russia, why do you think he is even now?

KATKO: Listen, there're many people that can't truly understand Donald Trump in some of his inclinations. But I can tell you this much, it sends a very bad signal to the free world when a respected opposition leader is imprisoned in Russia and then murdered and he says nothing. And that is something that people should need to take into consideration with respect to foreign policy. Nikki Haley has got a tremendous amount of experience with that, especially with her time at the U.N.

So, that's something voters should really take into consideration. If they view us as weak, they'd be in the bad guys like Russia and China and North Korea, that's not a good thing, and quite frankly, neither president right now.

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We're seeing this strong with respect to foreign policy, and Nikki Haley could fill that void quite nicely.

BOLDUAN: Congressman, CNN also has some new reporting on just really the shocking level of House Republicans who are retiring this cycle, I mean, people in some of the most powerful posts and chairmanships. And you have a unique perspective on the decision to call on any decision, anyone's decision to call it quits in Congress, to remind everyone, you were one of the Republicans to vote to impeach Donald Trump after January 6th, one of only a handful, and you announced your retirement after that. Why do you think there is such a race to the exits amongst House Republicans right now?

KATKO: Well, first of all, I can tell you this much. It's to no one's surprise, they're frustrated, especially people that want to work with the other side and want to actually get things done and just say -- and just instead of voting no. And it's not a news flash, but I've talked to several of my colleagues and there's more to come, and that's a certainty.

And I think there's a certain level of frustration that they are feeling in Congress and they're acting on it. And I felt the same way after January 6th, I was a changed person. And I was the very first Republican to announce that I was going to vote to impeach President Trump. And I don't regret that for one second because it was the right vote.

And I think there's a lot of people in Congress want to do the right thing, but the pressure from the Trump side and the pressure to get in line is positively frightening. So, I think a lot of good people are just saying, you know, I've had enough of this. This is nonsense.

BOLDUAN: Look, in Congress, I mean, has a poor rating amongst Americans on a good day, not even talking about this cycle.

KATKO: On a good day.

BOLDUAN: But, truly, what does this mean for the Republican Party and Congress come November? If members like you're talking about and you say there's more to come announcing the retirement, what does it mean if they're heading to the exits?

KATKO: Well, it's part of the equation. But I think what's really important is what's going to happen at the top of the ticket. If it's a Donald Trump-Joe Biden rematch, two thirds of the voters that support Biden are anti-Trump and vice versa. So, neither one of them have this overwhelming amount of support.

And why I say you got to wait until November, because if someone like Nikki Haley wins the White House, it's a new day, and it's a new order. That's what we're hoping for.

I look at back in the late 70s, when I was a kid, the country was in a malaise, and even our president admitted that. And then along came someone who everyone thought was going to start World War Three and ended up cutting a lot of deals with Tip O'Neill, that being Ronald Reagan.

We will have another great leader come by like a Nikki Haley that will change the dynamic. And that's what I'm hoping for. And that's what she's hoping for. And that's why I think she's staying in the race, because she's not going to back down to the intimidation, because she understands what's at stake here.

BOLDUAN: I was reminded in preparing for our conversation that you had said, you wrote in Nikki Haley on the presidential ballot in 2016, as you said, you would not vote for Donald Trump even when he was the Republican nominee then.

Haley has dodged the question on if she will vote for Donald Trump if he becomes the eventual nominee this time around. I want to play for you an example. She spoke with Jake Tapper about this.

(BEGIN VIDEO CLIP)

JAKE TAPPER, CNN ANCHOR: If the unthinkable happens in your view and you do not win, will it be difficult to support Trump as the Republican Party's nominee, given what you think about him, quite obviously.

HALEY: Well, first, I think that you need to know that I am going to beat President Trump, but you should ask him if it'll be difficult for him to support me.

(END VIDEO CLIP)

BOLDUAN: She's dodged this question when she's asked. Congressman, is this a hard question for you? Will you vote for Trump if he's the Republican nominee this time?

KATKO: No, I just can't do it. That's just me, though. And I can't speak for Nikki Haley, but I can tell you Nikki truly believes that she can win, and that's the fire that we need. If you look at the polling, Trump is within a margin of error with one of the most flawed presidents from a statistical standpoint in our modern history, that being President Biden, Nikki Haley beats him by a mile. And she would probably take a lot of House and Senate races with her.

And I think she's in this because she realized that if Republicans wake up in time that she could really make a difference. And that's what I'm hoping for, and that's what we're all hoping for.

BOLDUAN: Congressman, it's good to see you. Thanks for coming in.

KATKO: You, too. Take care.

BOLDUAN: Thank you very much.

And, again, to remind everyone that big moment, South Carolina primary, coming up this weekend. Sara? SIDNER: All right, Kate. An American woman staying in Spain has been missing for two weeks. Ahead now, police are hoping the final text from her phone could finally provide some clues in their search.

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Also ahead, the U.S. says it will not support a U.N. vote calling for an immediate ceasefire in Gaza, but it has offered its own proposal. Details on that proposal, coming up.

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SIDNER: The U.S. Supreme Court could weigh in on two key cases involving former President Trump this week. One of them, the former president asked that the judges pause proceedings in his federal election interference case after the D.C. Court of Appeals completely rejected his claim of presidential immunity.

CNN Chief Legal Affairs Correspondent Paula Reid is joining us now.

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Paula, is there any indication? This could have happened today, right? They could have weighed in. Is there any indication on if and when the court might weigh in on these cases?

PAULA REID, CNN CHIEF LEGAL AFFAIRS CORRESPONDENT: Sara, I think this is how we're going to spend much of 2024 watching and waiting for the Supreme Court to make decisions that could have an enormous impact on the election in November.

Let's start with the first of these two cases we're watching for this question of immunity. Today we already saw some orders from the Supreme Court.

Now, they can act on immunity anytime they want. We know the former president has asked the justices to intervene here, to pause a lower court decision that said that he does not have presidential immunity that would protect him from the federal election subversion case brought by Jack Smith.

Now, Sara, if you talk to sources in and around his legal team, legal experts, most of them agree that Trump is unlikely to win on the merits of that issue, even if the Supreme Court took it up. But much of their strategy is actually just focused on delay, trying to push this entire case back far enough in the year or so that the former president does not go to trial before the November election, because if he's re-elected, he can make that case go away.

Now, we're also in this really interesting moment where they are juggling two massive political questions. The other one is, of course, ballot eligibility. About two weeks ago, they held oral arguments on that case out of Colorado. The question is whether states can ban former President Trump from appearing on the ballot. And during that oral argument things, did appear to be going quite well for Trump and it looked like there were perhaps enough justices to rule in his favor, but a lot of questions about exactly what that ruling would look like.

So, it would be a little soon now to get a decision on that case. We're less than two weeks out from those oral arguments. There is a lot of hope out there that they will get us a decision before Super Tuesday on March 5th. But, Sara, I think it's going to take as long as Chief Justice John Roberts need to build a coalition behind the scenes, try to build something that has bipartisan support. Because, remember, the Supreme Court, while they're juggling all these hot button political issues, they are under an enormous amount of scrutiny, questions about ethics and of course, a lot of concerns about partisanship.

So, I'll be here watching and waiting and bring you any news if we get it.

SIDNER: I was just going to say you are going to be busier than ever and we appreciate it. Thank you so much, Paula Reid. Fred?

WHITFIELD: All right. Thanks so much, Sara.

All right, joining me right now is Elie Honig, a CNN senior legal analyst and former assistant U.S. attorney for the Southern District of New York. All right, great to see you, Elie.

So, the U.S. Supreme Court could weigh in potentially on two Trump campaign-related cases. Let's look at the 14th Amendment Colorado case, in which the state Supreme Court ruled to take action against keeping Trump's name off the ballot.

So, the justices heard the arguments. Now, what are they considering?

ELIE HONIG, CNN SENIOR LEGAL ANALYST: So, Fred, the next thing we're going to hear from the Supreme Court on this case will be their opinion. As Paula said, we don't know when that's going to come.

It's important to understand, though, when we see this ruling, the U.S. Supreme Court is not going to make some grand pronouncement on whether Donald Trump did or did not engage in insurrection. That was very clear in the oral argument. There was only one question about that in the entire time. Instead, what they're looking at really is a procedural question here, which boils down to this. Do the individual states have the right and the power to imply and enforce the 14th Amendment on their own? And there seemed to be an awful lot of skepticism around that from justices on both sides of the ideological spectrum.

So, I think it's clear, I agree with Paula. I think it's clear that Donald Trump will win this argument. Colorado will lose. The big question now is, really, will it be nine nothing or will we see more of an ideological split or something in the middle?

WHITFIELD: Right. And that decision could have a profound effect on other states that have expressed considering 14th Amendment application. They want to consider whether or not the 14th amendment applies in their cases and the clock is moving very fast given the primary election season, isn't it? Yes, so Colorado itself votes on March 5th, which is Super Tuesday. I would assume the Supreme Court understands that the voters in Colorado and elsewhere need to know before they cast their ballots whether the person they may be voting for is or is not disqualified.

And, Fred, it's also important to keep in mind the broader national context here. Colorado is one of several dozen challenges that have been made to Trump's eligibility under the 14th Amendment. No others have succeeded. The Maine secretary of state has ruled that Trump should be barred from the ballot in that state, but that hasn't even gone into the courts yet. But there are various other states, Illinois, Maine, California, that have said, we're going to wait and see what the Supreme Court does.

So, in all likelihood, their ruling on Colorado probably will set the tone and set the precedent for the entire country.

WHITFIELD: Right. Of those dozens, at least nine are looking about what happens here and may potentially follow suit.

So, the other consequential U.S. Supreme Court case involves Trump's efforts to block a lower court appellate decision, saying that he does not have immunity.

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So, what are the options the Supreme Court may take here?

HONIG: Well, Fred, on one extreme, the court could just say, we're not taking the case, and we're sending it back down to the trial court, in which case the trial court would be back in business. And they very likely, Judge Chutkan there, would set a trial date, I think, for as soon as she possibly could, and certainly before the 2024 election. That's the best outcome for Jack Smith.

The best outcome for Donald Trump is the Supreme Court says, we are taking this case, we're keeping the pause on in the trial court and we're going to schedule this on the normal schedule of briefing, which would take several months and quite possibly push it out until after the election.

There's also a middle ground, potentially, where the Supreme Court says, we are going to take this case but we're going to expedite. We're going to speed up the briefing here, which would still allow some chance for the case to be tried before the election.

WHITFIELD: And if the Supreme Court were to block the appellate court ruling, does that undermine the process or even argument that no one is above the law?

HONIG: I don't think it undermines the process that the Supreme Court takes this. First of all, I agree Donald Trump is very likely to lose his immunity argument, but it's an unknown issue. It's an issue of massive constitutional and governmental import.

Two months ago, Jack Smith himself told the Supreme Court, only you can take this case, only you can fully decide this. That's when he thought that would be the speedier route to trial.

And I think it's important to understand any criminal defendant has a right to stand up for his rights, to bring motions. I think any criminal defense lawyer will tell you they would bring this motion. You have the right to appeal in certain circumstances, and you have the right to try to get the Supreme Court to take the case. So, I think that is actually part of our process. I don't think that subverts our process at all.

WHITFIELD: Elie Honig, we'll leave it there for now. Thanks so much.

All right, right now, police in Spain are looking for a missing American woman who has not been seen or heard from in weeks. What officials are now saying about her disappearance.

And lawyers for WikiLeaks Founder Julian Assange are launching a last- ditch effort to prevent his extradition to the U.S. Could he soon face trial for leaking U.S. military secrets?

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