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Supreme Court Hears Challenges to State Bans on Transgender Athletes; Trump to Iranian Protesters, "Help is on the Way". Aired 3:30-4p ET

Aired January 13, 2026 - 15:30   ET

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

[15:30:00]

SHIMON PROKUPECZ, CNN SENIOR CRIME AND JUSTICE CORRESPONDENT: ... enough, and she had this outburst in court, and it is -- the screams are just so heart-wrenching. Take a listen.

(BEGIN VIDEO CLIP)

VELMA DURAN, SISTER OF MURDERED TEACHER IRMA GARCIA: You know who went into the fatal funnel? My sister went into the fatal funnel. Did she need a key? Why do you need a key?

JUDGE SID HARIE, OVERSEEING ADRIAN GONZALES PROSECUTION: Ma'am, go ahead and say...

DURAN: She didn't lock her door. She went into the -- she went into the fatal funnel. Raise you hand.

HARIE: I want this case to go to verdict. any further outburst will just echo the attempt for another motion for mistrial. So please think about that. We're trying to get this case to the jury, and these are not helping. And soon enough, if it continues, I will have no choice but to grant a mistrial. So please think about that.

(END VIDEO CLIP)

PROKUPECZ: Up to this point, many of the family members have been quiet and they've just been sitting there. That was Velma Duran. She's the sister of Irma Garcia. Irma Garcia was a teacher in that classroom who is one of two that passed away that day.

And a lot of what's been happening here, you know, you heard the word fatal funnel and she talked about keys. Of course, the officers have come under a lot of heat for waiting for a key to get inside the room when investigators in the end believed the door was never locked. And then she also made a mention there about a fatal funnel because an officer was testifying and he was talking about tactics and positions of officers.

And one of the things that the defense is arguing is that a fatal funnel would have just created more chaos and officers would have been hurt. And so that was her response after she had heard the defense, asking the questions and nitpicking at certain tactical positions and what officers were doing that day. BORIS SANCHEZ, CNN HOST: Shimon Prokupecz, thank you so much for that update.

Coming up, Supreme Court justices appear poised to side with states that have enacted bans on transgender athletes. The latest details from this case when we come back.

[15:35:00]

(COMMERCIAL BREAK)

BRIANNA KEILAR, CNN HOST: Today the Supreme Court took on one of the most polarizing political topics in the U.S. Justices listening to arguments in two cases involving states' bans on transgender athletes in sports. The high court's conservative majority signaling that they may side with those bans currently in 29 states, but they also appeared wary of potential slippery slopes, indicating decisions could still be left up to individual states.

(BEGIN VIDEO CLIP)

JUSTICE BRETT KAVANAUGH, SUPREME COURT: Given that half the states are allowing it, allowing transgender girls and women to participate, about half are not. Why would we, at this point, just the role of this court, jump in and try to constitutionalize a rule for the whole country while there's still, as you say, uncertainty and debate, while there's still strong interest in the other side?

And I think one of the themes of your argument's been, the more people learn, the more they'll agree with you. At least I've detected that theme in your argument. So why would we get involved at this point?

(END VIDEO CLIP)

KEILAR: I'm joined now by former Idaho State cross country runner Madison Kenyon and the President and CEO of Alliance Defending Freedom, Kristen Waggoner. Thank you so much to both of you for joining me. I know you've been in court today listening to and watching these arguments.

Madison, first off to you, tell us why this is so important to you.

MADISON KENYON, FORMER COLLEGIATE ATHLETE: Oh man, well, I went to Idaho State University on a track and cross country scholarship where I raced a male athlete in the women's division many times and I lost every time along with hundreds of other women. I saw a teammate pushed off a podium and I know that that roster spot didn't go to a woman. And after seeing that and knowing that this is not fair, I stood up to protect these sports that gave me so much, gave me my education. And it's not fair for women to compete against men. It ruins the integrity of women's sports.

KEILAR: What were the conversations like with athletes when you were competing against a trans athlete? Were there various perspectives that you were getting? KENYON: It was pretty consistent across the line that it's unfair for a woman to step on the line against a male. It's like you haven't started the race, but the result has already been decided, and running's a mental sport, if you think that, then that's what happens, and we're collegiate athletes. We're not participating for a participation trophy. We're sacrificing every single day to go out and race and to beat the odds.

KEILAR: We're not going to know the outcome right away. We're going to have to wait a few months. But based on what we heard today, the court does seem to be inclined to agree with you. And if that is the ruling, Kristen, but the implications of this case ultimately lay the foundation for there being circumstances where trans people are excluded from other sectors of society. Is that something that you would be comfortable with?

KRISTEN WAGGONER, PRESIDENT AND CEO, ALLIANCE DEFENDING FREEDOM: I don't agree with that assertion at all. The case focused on whether men can participate in women's sports or whether that's sex discrimination. What we heard today from the ACLU is that it was unable to define what biological sex even means. Which actually ends up being difficult to prove that there's sex discrimination if you can't even identify what sex means. It also erases the rights of women and harms women like Maddie.

KEILAR: It's pretty clear Americans agree with you, a lot of them. The majority of them agree with your position when it comes to trans athletes in sports. But in previous cases, for instance, Bostock, these are cases that do lay the foundation for other instances besides the specific one in which they are -- the court is looking at the merits of them.

[15:40:00]

So I just want to ask you that again. If it is something that goes just beyond sports and it is used as a -- something for the court to fall back on or for states to say, look, in this decision, we're going to apply this to something else where they may be excluding trans people from another sector of society. Is that something you would be comfortable with?

WAGGONER: I think addressing it from the perspective of what were the legal issues before the court, Title IX, which is a federal statute, was before the court, which is a very different statute than Bostock. And Title IX itself says that we need to make sex-based distinctions when those distinctions matter. And that's been consistent throughout law.

I mean, even Justice Ginsburg talks about the enduring differences between men and women. They're natural. And when a man has a natural advantage over a woman, regardless of whether the testosterone suppressants have been used or puberty blockers, those differences matter in places like the athletic field.

And that's what this case is focused on. That's what the statutes are focused on. How other cases may result will be determined later because they're under different laws and certain different inquiries that will be made.

KEILAR: And Madison, is there room to stand behind your concerns about fairness, which, like I said, when you look at polling, there are a lot of Americans who share your concerns. And the majority of them do when it comes to sports. Is there room, though, to stand behind those concerns and still empathize with trans students who want to have school experiences that can be so character and community building? And how do you approach that?

KENYON: I think it's really important to understand that when women compete against women, it is fair. When you put a man in women's athletics, it's not fair. And women have nowhere else to go.

If you take away the fairness in our sports, we literally have nowhere else to go. But when men compete against men, it is fair, and when women compete against women, it is fair. And so in to protect the opportunities that I had in college to get a scholarship, to get an education.

For all of the future generations of women, it is so important that we can recognize that women should only compete against women.

KEILAR: And understanding that that is your position and that people share that with you, how do you see the issue of including trans people in school activities, in the community, in a way that makes them feel included? Because I will say, looking at this, you'll hear, and we had a -- we had someone on the other side of this issue on the program last hour, there's certainly a feeling of being excluded.

So I just wonder from sort of your point of view, how, just on a very human level, you see that.

KENYON: I think it's important to see that anyone should participate in sports, but sports is based on biology. And that's why it's important that women only compete against women. So anyone can play sports, but where is it most fair? And for women, that's only against women.

WAGGONER: And can I just add, I mean, this idea of kindness and compassion, we should be extending that to all people no matter how they identify. And we shouldn't be making differences on the basis of how someone identifies if that's not relevant to the particular inquiry. I think the other big piece to put there is, you said, how do they feel?

Well, I want to focus on the harm to the girls, because even in the case before the Supreme Court, over 420 girls have been displaced 1,100 times and lost 57 medals to the boy at the heart of the case. So let's talk about how those 400 girls are feeling in this moment.

KEILAR: Yes, and certainly there are a lot of people who have a lot of feelings in this issue. We understand that. The ACLU, Kristen, says this case is just a jumping-off point for rules around trans people in all contexts.

The ACLU gives the example that the sponsor of the bill for Idaho's law being argued in the courtroom today also sponsored the bill limiting access to sex-segregated facilities like bathrooms, locker rooms, prisons, and dorms at public universities. You and your group are behind a number of cases, including one out of Colorado this Supreme Court term that challenges conversion therapy and the ban that Colorado has. How do you see this case fitting into your broader mission?

WAGGONER: We want to ensure that children that need help, that are confused about their bodies, have the opportunity to have simply listen and talk to those who can give them help. And actually, the science tells us that over 90 percent of kids, prepubescent kids, young children, who are able to sit down and talk and listen and grow comfortable with their bodies, they end up living consistent with their biological sex. That's the science.

So again, we want to be looking at where do these differences matter. How do they play out? And we know in sport that girls will become spectators in their own female category when boys come in. And that's true. Even when they've been on puberty blockers, they still have inherent male advantages.

[15:45:00]

KEILAR: Kristen Madison, thank you so much to both of you for being with us. This is a big day at the court and we appreciate your perspective.

KENYON: Yes, thank you for having us.

WAGGONER: Thank you.

KEILAR: President Trump's message to Iranians who have taken to the street, keep protesting, and he says, quote, "Help is on the way." What does that help look like? We'll talk about what it could mean next.

(COMMERCIAL BREAK)

SANCHEZ: Iranian officials are reacting to President Trump's abrupt decision to cancel diplomatic talks with Tehran over its deadly crackdown on protesters. Iran's national security chief just posted on X that Trump is one of the, quote, main killers of the people of Iran.

[15:50:00]

He included a screenshot of Trump's Truth Social post encouraging Iranians to keep rallying in the streets.

A U.S.-based rights group reports that nearly 1,900 protesters have been killed in Iran over the past two weeks. Officials there are blaming the unrest on foreign-linked terrorists. Trump has hinted at U.S. military strikes against Iran, and his Truth Social message cryptically declared help is on the way, though when later asked, the president would not expand on that.

Joining us now for some perspective is Leon Panetta, Defense Secretary and CIA Director under President Obama. Secretary, thanks for being with us. If you were meeting with President Trump today, as he gathers with his security officials, what advice would you offer on what course of action he should now take?

LEON PANETTA, DEFENSE SECRETARY, CIA DIRECTOR UNDER PRESIDENT OBAMA: Well, I've been a very strong believer that when the president of the United States says something, that the credibility of the United States rests on whether or not he follows through. And whether you agree or disagree, the fact is, the president told the Iranian people that help is on the way. And therefore, I think it's incumbent on the president to take some action here.

Now, it doesn't necessarily have to be a military strike. We've got cyber capabilities. We have covert operations capabilities. We have drone capabilities.

We have sanctions that we can strengthen. But I think the United States credibility right now requires that the United States does something to show support for the protesters.

SANCHEZ: I'm curious to get your reaction to some of Barak Ravid's reporting with Axios. Trump's envoy, Steve Witkoff, apparently secretly meeting with Iran's exiled former crown prince. Is that a significant development? What do you make of that meeting?

PANETTA: I'm never quite sure what that really means. Because, you know, even though I'm sure there are discussions, I'm sure there are efforts to try to figure out where this thing might go in the future. I think right now, the challenge is to address the present situation.

You've got almost 2,000 protesters who've been killed. There is -- this is a very fragile moment that can decide what happens in Iran. And it's for that reason that the United States has to really decide what steps it is -- is the United States going to take in order to make clear that we are doing what we can to try to help those who are protesting. And to try to hopefully be able to make sure that Iran moves in a better direction, not a worse direction.

SANCHEZ: Secretary, lastly, I wanted to get your thoughts on the CNN report that the Pentagon got his hands on a device that some investigators believe is linked to Havana syndrome. They've spent a year testing it. Sources tell us that it has Russian components, that it can fit in a backpack. What questions do you have about this device?

PANETTA: Well, I was director of the CIA when we began to get reports on Havana syndrome and its impact. And I believe it was real then, I believe it's real now. And that the people that were impacted were being impacted in some way.

Whether this device is involved, whether these kind of pulsed waves that supposedly this device produces are in fact what caused Havana syndrome. I don't know, but I do think it requires that the Congress and that the CIA continue to investigate whether or not this type of device, which has Russian parts. And obviously it was a device that was dependent on our adversaries using it against our agents. I think it has to be fully investigated in order to determine exactly what happened.

SANCHEZ: Leon Panetta, thanks so much for sharing the expertise. Appreciate your time.

PANETTA: Good to be with you.

SANCHEZ: Still ahead, the au pair who had an affair with murder suspect Brendan Banfield is testifying right now. Banfield accused of killing his wife and another man. Hear what she had to say next.

[15:55:00]

(COMMERCIAL BREAK)

KEILAR: Happening right now, the au pair who had an affair with double murder suspect Brendan Banfield is now on the stand right now. You see her there. The Virginia father accused of killing two people, including his wife.

SANCHEZ: Prosecutors claim that Banfield conspired with his mistress, Juliana Perez Magalhaes, to frame a stranger for his wife's death after luring him into the house with the promise of violent BDSM role play. She told jurors that Banfield wanted to, quote, get rid of his wife because divorce was not an option.

KEILAR: She testified about meeting Banfield's wife, Christine, and visiting a gun range with him in case, quote, something goes wrong.

[16:00:00]

The 25-year-old also said Banfield created an account on the Kink site, fetlife.com, posing as his wife. Banfield has pleaded not guilty.

SANCHEZ: Quite the case. We'll keep you posted with the latest there.

"THE ARENA" with Kasie Hunt starts right now.

END