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Key Dates in 2020; NYPD Increasing Patrols; Questions in Tessa Majors Death; Group Fights for Latino Support for Trump. Aired 9:30- 10a

Aired December 27, 2019 - 09:30   ET

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

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[09:30:25]

RYAN NOBLES, CNN ANCHOR: Impeachment talks remain at a standstill as we head into 2020, but there are some very important dates coming up in the new year.

On January 3rd, a federal appeals court will hear arguments for two cases linked to the House's request for Mueller grand jury materials, as well as the testimony of former White House Counsel Don McGahn.

Then, on January 7th, the House is back in session. That's the earliest day that House Speaker Nancy Pelosi could send the impeachment articles to the Senate, meaning the earliest a Senate trial could start is January 8th.

So let's discuss this with our experts. I'm joined now by former Deputy Assistant Attorney General Elliott Williams, "Chicago Sun- Times" Washington bureau chief Lynn Sweet, and political White House reporter Daniel Lippman.

Lynn, let's start with you.

We also have, in addition to all these dates on the calendar, the Iowa caucuses, President Trump's State of the Union Address in early February. When you take all these things into account, what is the thing that you're keeping most of an eye on?

LYNN SWEET, WASHINGTON BUREAU CHIEF, "CHICAGO SUN-TIMES": I'm keeping -- first will be the question of what happens with allowing witnesses at the Senate trial because that will probably dictate some of the timing and when it begins. If the negotiations happen in good faith and they just are protracted, then that will push back all that dates.

I'm also looking at the drama that will increase. It might not be all that meaningful when and if there is a Senate trial that collides with a State of the Union Address. That happened during Bill Clinton's impeachment and it was quite dramatic to see what he would say or didn't say. By the way, he didn't refer to impeachment in that State of the Union Address. So those are some of the top line things that I'm looking at right now. And all the others will fall in place depending on that threshold question about witnesses.

NOBLES: Yes.

No, that's absolutely right.

So, Elliot, let's talk about that Senate trial. And both Republicans and Democrats seem to have already made up their minds about where they stand on impeachment. I feel like there hasn't been a lot of conversation about the role of Chief Justice John Roberts. He is going to be presiding over this impeachment trial. Explain to us what you think his role in all this will be.

ELLIOT WILLIAMS, FORMER DEPUTY ASSISTANT ATTORNEY GENERAL: You know, to be honest, it's a largely ceremonial role. Here's the thing, the chief justice presides under the Constitution, presides over an impeachment proceeding, but any ruling he makes from the bench can be overturned by 51 senators. Majority in the Senate still rules, regardless of the fact that the chief justice is there.

And by way of extension, in 1999, Chief Justice Rehnquist, the most significant thing he did was adorn his robe like a character from "Gilbert and Sullivan," because it was largely a ceremonial role. Now, obviously, he took the role seriously and it wasn't a joke or anything like that, but it's just not a significant role.

The real figure here, far more than Chief Justice Rehnquist, is Mitch McConnell, the Senate majority leader. He has to keep his 51 votes -- or, you know, 53 votes of his caucus in line. And what you need to keep an eye on are the five or six Senate Republicans who are up for re-election, whose votes are really going to matter as the structure of this trial. But they and Mitch McConnell matter far more to the outcome of this proceeding that the chief justice actually ever will.

NOBLES: That's a great point.

So, Daniel, lawmakers right now are battling over calling witnesses during a Senate trial. As Elliot pointed out, it seems unlikely that Chief Justice Roberts will have any kind of ultimate say in all of this. So do you anticipate the call for witnesses or additional depositions, is that going to really be organically pushed up through this small group of both Republican and Democratic senators that are going to have to have some sort of influence over Mitch McConnell?

DANIEL LIPPMAN, WHITE HOUSE REPORTER, "POLITICO": I think we should remember what Mitch McConnell has said, which is that if Pelosi doesn't want to send those articles of impeachment, then he's happy to continue regular Senate business. And I think if you get a deal that gets Mulvaney and Bolton to testify in a Senate trial, that makes it much harder for moderate Republican senators to go along with the Republican line that Trump did nothing wrong and deserves to be acquitted, or even exonerated, as he wants to be because Mulvaney and Bolton likely have very damaging testimony that could hurt Trump's case. And so that's why the White House is blocking those witnesses right now.

NOBLES: So, Lynn, you know, if we take into account what Elliot described about Chief Justice Roberts' role in all of this, could it have any impact on his legacy? I mean we talk about the role Rehnquist played, it was largely ceremonial, but it is, you know, a footnote in his life story. How do you think this could impact John Roberts' legacy?

SWEET: Well, it would be mentioned in the obit that this is what he presided over.

But one other thing that will be interesting to watch, if we proceed to a Senate trial, from what I've heard, the chief justice still wants to conduct the business of the United States Supreme Court.

[09:35:05]

So he'll probably look at an afternoon start for a trial, if there is one, so that he could attend to court business in the morning or some variation of that. I don't know if it will go into primetime. But there is a desire on his part to keep both going.

And so it will be -- these are historic times. For a chief justice, it is a rarity. We've only had, you know, this happens so rarely in our United States history. This will be the third trial. So certainly it's noteworthy.

What will be interesting is if, for some reason, Roberts becomes a very provocative or a justice who does try to issue rulings and challenge the senators to overrule him. I know we call this a trial, but can you imagine if the jury could just vote to overrule a judge and say, no, judge, we want this witness to testify.

NOBLES: Right.

SWEET: The guy could be interesting. So let us hear from him. So this were a trial. We'll have a new definition for the public to get used to. So he may just do something that would be totally unexpected, and that then could affect his legacy if he tries to take control of a trial in a way that we have never seen in the history of the United States.

NOBLES: All right, great points there, Lynn. Not only does he have a day job that he has to worry about, but also could he challenge the Senate almost bait them into overruling him. That would certainly make for an interesting showdown.

So, Elliot, I want to talk to you about Brad Blinkman, former adviser to President George W. Bush. He was on Fox News this week. He said the Senate doesn't even need a trial. He says Republicans just make a motion to dismiss. That only requires a simple majority of 51 votes and then you're done.

Do you think that that's going to be an option that Mitch McConnell at least explores before he even gets into the back and forth over whether or not they need to call witnesses?

WILLIAMS: So I'm going to go out on a limb here and agree with the Fox News commentator, which is that, yes, there does not have to be a Senate trial. Now, in that interview he goes on and says some stuff that's absolute nonsense, which is that the president actually hasn't been impeached because the articles of impeachment have not been sent over to the Senate. So, you know, the president has been impeached. Spoiler alert. Now the question is, you know, where do we go from here?

And what was the question again?

NOBLES: Whether or not McConnell could just gavel in, get 51 votes, dismiss the case and move on, right.

WILLIAMS: Oh, right. Again -- again, like I said earlier, this all comes down to the question of how this affects the four or five senators who are up for re-election. And if Mitch McConnell, in his calculation, makes a determination that those folks might suffer and might have to take a very tough vote, you know, then -- then he'll consider.

Remember, Mitch McConnell's interest is to protecting his caucus and to his job, not to saving Donald Trump and not to saving the Trump presidency as the head Senate Republican. And so I think that's the important calculus we all need to pay attention to here, not this relationship between McConnell and Trump.

NOBLES: All right, great point.

And so, Daniel, I want to ask you now about a controversy that will be unique to the Trump administration. The president yesterday chiming in on the Canadian Broadcasting Corporation's decision to edit him out of the movie "Home Alone 2: Lost in New York." I know these are pressing national security issues we're dealing with here. Some pro-Trump media circles calling it an example of censorship, even floating the ridiculous idea that it's in response to the Trump negotiation over the USMCA. The CBC though says the scenes were edited in 2014, long before President Trump ever negotiated anything with Justin Trudeau, and it's just to make sure that the movie fits in the broadcast window here. This is a seven-second cameo we're talking about here.

I mean what is the president's reaction to all of this tell you?

LIPPMAN: I think it tells you that he's very conscious of his image and he doesn't like any slights. Remember, this is a guy that put up fake "Time" magazine covers of himself. And he's already been on different cover -- different "Time" magazine covers before and so he doesn't need to create new ones. And he put them on his, you know, at his golf club. And so not a huge surprise that he is media hungry and desperate for those seven seconds of TV in Canada. Who knew that he was monitoring that.

NOBLES: Yes, exactly. As our colleague Daniel Dale said it very eloquently, no, Justin Trudeau did not sensor Donald Trump out of "Home Alone 2: Lost in New York."

LIPPMAN: And doesn't Trump have a day job too?

NOBLES: You'd think. You'd think that would be one he'd be focused on.

All right, thank you so much, Elliot Williams, Lynn Sweet and Daniel Lippman. We appreciate you being here.

SWEET: Thank you.

LIPPMAN: Thank you.

NOBLES: Five possible anti-Semitic attacks in New York City this week alone. Coming up, the neighborhoods where New York Police are deploying additional officers.

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[09:43:53]

NOBLES: Police in New York City are increasing patrols following a string of possible anti-Semitic attacks. In one incident in Brooklyn, a man says a group ran up behind him, then someone punched him in the head while someone else yelled an obscenity. It's just one of five attacks just this week.

CNN's Polo Sandoval joins me now.

Polo, you know, we're in the middle of Hanukkah. And New York's Jewish community right now seems to be on high alert.

POLO SANDOVAL, CNN CORRESPONDENT: Yes, you have families coming together for the holidays here in New York and really throughout the country, Ryan, and now this string of anti-Semitic incidents prompting officers to boost their presence in various Brooklyn neighborhoods. New York police detectives arresting and charging a woman with assault as a hate crime after she allegedly attacked a Jewish woman in front of her child yesterday. Investigators saying that the 42-year-old used her bag to strike the 34-year-old mother who was with her child at the time of the assault and says that she was also attacked verbally as well.

And here's the thing, at least four other incidents this week in New York City are being investigated by NYPD's hate crime task force. Two incidents on Christmas Eve. A beverage was thrown at a young man in Brooklyn, as well as a racial slur that was yelled at him. Investigators have released these images hoping to try to track down the individual that they believe is responsible.

[09:45:05]

Also, a 56-year-old man was approached while walking in Brooklyn and punched by several people, also on the 24th. And then on the 23rd, a 65-year-old man, who allegedly was punched, kicked and called racial slurs in Manhattan and that's the same day that a 67-year-old man and his two children were approached in the lobby of a residential building and struck from behind. And, again, investigators are following up on all of these as hate crimes.

The mayor of New York City, Bill de Blasio, has certainly been outraged by these anti-Semitic attacks and tweeted this statement saying, hate doesn't have a home in our city. Anti-Semitism is an attack on the values of our city and we will confront it head-on. The mayor certainly under tremendous pressure by the Jewish community here, especially when you look at the numbers.

NYPD's own stats suggesting a very alarming trend here showing anti- Semitic incidents are the most common hate crimes reported in New York, one of the most culturally diverse cities in the world. In fact, they make up about half of all reported hate crimes.

We should mention, Ryan, a majority of them, those are actually acts of vandalism, not necessarily assault.

NOBLES: It's disturbing to say the least.

Polo Sandoval, live in New York. Thank you for that update, Polo.

SANDOVAL: Thanks, Ryan.

NOBLES: And authorities in New York have questioned and released a 14- year-old boy in connection with the death of college student Tessa Majors. But an official says the teen could still face charges. Majors was stabbed to death while walking in a park on December 11th. A 13- year-old boy was arrested the next day and charged with second-degree murder.

Let's bring in CNN's Alexandra Field. She's following this story.

So, Alexandra, what do we know about the teen who police questioned?

ALEXANDRA FIELD, CNN CORRESPONDENT: Ryan, this is somebody that police were looking for and they made it clear that they were looking for this 14-year-old. In fact, last week, they put out a picture of the juvenile they were trying to track down. They did not release his name. We understand now that they were able to locate him in the Bronx. They brought him in for questioning. His attorney was present. They ultimately released him.

Same thing happened with another 14-year-old that they were questioning in relation to the death of Tessa Majors. We are, of course, as you mentioned, learning that there could still be charges to come. We know that NYPD detectives are working closely with prosecutors as they develop their case.

At the center of this case right now, though, a 13-year-old -- it's hard to even say this -- a 13-year-old who has already been charged with second-degree murder and robbery. Officials are saying that that 13-year-old told police that he went into Morningside Park where Tessa Majors was killed with a group, that they were intending to rob somebody. That they initially targeted a man, but turned their attention to Tessa, who refused to give up her property. An attorney representing the 13-year-old said he wasn't aware of plans for a robbery.

But, really, Ryan, this is a crime that has so shaken New York City, the Barnard College community where Tessa was at school, and the Columbia University community. An 18-year-old killed, stabbed to death. Police, of course, still investigating this.

Ryan. NOBLES: All right, Alex Field, thank you for staying on top of that. We appreciate it.

And we'll be right back.

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NOBLES: A group called Border Hispanics for Trump is working to shore up support for the president among Latino voters ahead of the 2020 election. But that can be an uphill battle, especially in the very blue El Paso, Texas.

CNN's Nick Valencia has more.

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RAY BACA, CHAIRMAN, BORDER HISPANICS FOR TRUMP: Are you a member of Border Hispanics yet?

UNIDENTIFIED FEMALE: No, I'm not.

NICK VALENCIA, CNN CORRESPONDENT (voice over): Ray Baca has his work cut out for him. As the chair of the Border Hispanics for Trump, living in the Democratic stronghold of El Paso, his goal is to get Latinos to help re-elect the president, but the odds are against him.

BACA: I'm with Border Hispanics for Trump. How are you? Have you heard of us?

VALENCIA: As the 65-year-old sees it, there are countless Latinos who support the president, but are afraid to admit it. He hopes to convince them that their values are more in line with the GOP and with Trump.

BACA: I look at President Trump as the one who most closely represents my values.

VALENCIA (on camera): People will hear that and say, values? You know, what values does the president have? So when you say that, what do you mean?

BACA: I mean supporting things that I support, like being against abortion, being for limited government involvement, being for border security.

VALENCIA (voice over): Indeed, support for Trump in Texas among Latinos has remained steady at 30 percent, according to a recent CNN poll. The unwavering support comes in the face of criticism over the president's rhetoric on the Latino community, which his critics at best see as offensive and at worst, racist.

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: When Mexico sends its people, they're not sending their best.

VALENCIA (on camera): How can you still support somebody who they see as saying racist things against the Latino community?

BACA: And I disagree. I really don't think he's said things that are racist.

VALENCIA (voice over): In August, 22 people were killed in a racist attack targeting Latinos at an El Paso Walmart. Baca says anyone who blames Trump because of his rhetoric and border policies is trying to make political hay of the shooting.

BACA: I just don't think you can hold a president, or President Trump in particular, responsible for the actions of a single madman.

VALENCIA: Baca agrees with the president on most things, but not everything. Mainly, though he supports the idea of a wall, he questions the practicality of building one across the entire U.S./Mexico border, a signature issue for Trump and his base.

BACA: I see him with his faults. You know, I see him, warts and all. I don't want to spend, you know, $200 billion on a wall if you can do it for $50 million and solve the problem.

I'm Ray Baca.

UNIDENTIFIED FEMALE: Yes, I remember you, Ray.

BACA: Well, good to see you. Good to see you.

VALENCIA: Tonight, Baca's pitch for Trump comes at an impromptu gathering of conservatives. But even in a friendly crowd, it can be a hard sell.

UNIDENTIFIED FEMALE: I'll think about it. I'll think about it. Thank you. Nice to meet you.

[09:55:00]

BACA: Thank you. Bye-bye.

You can't win them all.

VALENCIA: But there are already some unlikely voters he doesn't have to win over.

VALENCIA (on camera): President Trump was the first president that you voted for.

BLANCA BINKLEY, EL PASO RESIDENT: Yes.

VALENCIA (voice over): Originally from Mexico, 29-year-old Blanca Binkley became a U.S. citizen just five years ago. She plans on voting for Trump again in 2020.

BINKLEY: Often tense when I'm asked, but, why, you know, or like, I feel like someone's going to throw eggs at me or I'm going to be shunned from the Hispanic community, you know.

VALENCIA: Shunned by some, perhaps, but that's what Ray Baca and Trump are counting on.

BACA: We need to get our Hispanic brethren to quit voting Democrat simply because that's what they've always voted.

VALENCIA: Nick Valencia, CNN, El Paso, Texas.

(END VIDEOTAPE)

NOBLES: Nick, thank you.

We are following a breaking story out of Hawaii. That's where a helicopter taking seven people on a tour has gone missing.

Stay with CNN.

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