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Trump Admin Privately Warns Congress Iran Could Retaliate Against U.S. With Weeks; Rocket Strikes Baghdad's Green Zone; U.S. Cities On Alert After Iran's Top General Killed. Aired 1-2p ET
Aired January 04, 2020 - 13:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[13:00:00]
FREDRICKA WHITFIELD, CNN ANCHOR: Members of Congress that Iran is expected to retaliate against the U.S. within weeks for the strike that killed Qasem Soleimani, even as they fail to convince some that the operation was merited due to an imminent threat against American lives. Here now is CNN Barbara Starr joining us. She's at the Pentagon. So Barbara, what are you learning?
BARBARA STARR, CNN PENTAGON CORRESPONDENT: Well, hi, Fredricka. Some U.S. officials are saying that an Iranian retaliation could happen in a matter of weeks. This is the intense debate going on inside the administration right now in military and national security circles. Will Iran retaliate? And if it makes the decision to do that, would it be quite soon, within a few days? I've talked to some officials who are quite concerned that it might be and that it could come in the form of a ballistic missile attack.
Or will could this be something that could happen within weeks? The Iranians are saying that they will make a decision and it will be a time and place of their choosing? It's very clear that it is now in the hands of Iran's supreme leader to decide when he wants to move ahead if he wants to move ahead with U.S. on the international stage. Very strongly sending the message that Iran should not do this very strongly, sending the message that the U.S., the Trump administration still is adamant that the strike to kill General Soleimani had to happen, that they had intelligence that he was planning an attack against multiple U.S. targets. Fred?
WHITFIELD: And then Barbara, you're also learning about the U.S. plans to deploy additional troops.
STARR: Well, what we know is the decision was made to deploy about 3500 additional troops and earlier today, they in fact, the last of those troops about 2800 began flying from Fort Bragg, North Carolina over to Kuwait, where they will be then dispersed to various areas. Their job is going to be -- to be in place to protect embassies, infrastructure, U.S. buildings. This is not a force, you know, going to war against Iran.
This is very much for that kind of point defense protecting a particular place at a particular point in time. This goes to the notion that there are numerous targets over there. The U.S. feels it has to be prepared to be able to defend all about mitigating that risk that there is an Iranian retaliation threat. Fred?
WHITFIELD: Barbara Starr at the Pentagon, thank you so much.
STARR: Sure.
WHITFIELD: All right. CNN's Fred Fred Pleitgen is live for us in Tehran. So, Fred, Iran's president now saying the U.S. made a grave mistake. What are people bracing for?
FREDERIK PLEITGEN, CNN SENIOR INTERNATIONAL CORRESPONDENT: Well, you're absolutely right. That's exactly what he said. He said a grave mistake. And he also said that he believes that the U.S. doesn't even know how big a mistake it actually made. And certainly the Iranians are saying that there is going to be some form of retaliation. And, in fact, just a couple of minutes ago, we received some comments from the head of Iran's Revolutionary Guard Corps.
This comes from the Fars News Agency, where he apparently said that there is going to be what he calls strategic retaliation that he says will end America's presence in this region. And further on those comments, he also said that those -- this retaliation will be in a vast geography and over an extended period of time. So obviously, the Iranians are saying, as Barbara was actually saying there as well, the Iranians are saying that they are going to do this on their own terms and in their own time.
One of the interesting things, Fredericka that we've been hearing from Iranian officials over the past couple of days, they believe that they are actually in an advantage as far as the time is concerned, they think they don't have to rush into anything because they're obviously situated in this region and will always be situated in this region. It's quite interesting because the Trump administration has been saying that they believe that they've essentially decapitated the cooks for so the Revolutionary Guard Corps of which Qasem Soleimani was the head.
The Iranians are saying, absolutely not the case. They're not making any light of the fact that of course this is a huge loss to them, but they've already named the successor for Qasem Soleimani. And they say that the Revolutionary Guards Force operations -- Quds Force operations are going to continue exactly the same way that they had in the past. And of course, one of the things that they keep talking about a lot when people ask about what sort of retaliation they could be, they do point to those many proxy forces that are loyal to Iran, in the region.
And finally, of course, right now, first and foremost, for the Iranian leadership, the important thing is, of course, mourning the death of Qasem Soleimani. We've seen a lot of that today, happening with those processions in Iraq. Tomorrow, you're going to see a lot of that in Iran, as well as really a lot of people are coming out into the streets of Tehran and other places, mourning the death of Qasem Soleimani. And of course, his burial is going to happen on Monday here in Iran as well. Fredericka?
WHITFIELD: All right, Fred Pleitgen thank you so much in Tehran. All right. We're also getting word that at least one rocket has hit Baghdad's Green Zone this afternoon. That's the area in Baghdad which houses several international embassies including the U.S. embassy. CNN's Arwa Damon is live for us in Baghdad. So, Arwa, what are you learning?
[13:05:07]
ARWA DAMON, CNN SENIOR INTERNATIONAL CORRESPONDENT: Very little at this stage, Fredricka. We do know from an official statement that came out from the Iraqi army that a rocket landed inside the Green Zone, but it landed in the parade ground, so it didn't cause any casualties. We also however, do have reports that rocket also targeted and landed in a neighborhood in Baghdad known as Jadriyah. Not too far away from the Green Zone itself.
This is a neighborhood that is pretty upscale that houses and some foreign companies as well as a senior government officials and we also had reports of rockets landing at the Balad Air Base. We spoke to an Iraqi civilian contractor who is based there, he said that four rockets landed outside the base of southern gate also not causing any casualties. At least that's what we know at this stage.
And while these kinds of incidents are not necessarily uncommon, given everything else that has been happening, they do end up having a bit more significance because Fred, it's not just Iran that is vowing revenge for the death of Qasem Soleimani. You also have Iran proxies in Iraq or vowing to avenge him and also to avenge another senior Iraqi figure who was killed alongside him.
Abu Mahdi al-Muhandis who is the leader of Kata'ib Hezbollah. That's the same group that the U.S. was targeting on Sunday. It is a group that is part of what's known as the Popular Mobilization Force, this paramilitary force that was established in response to ISIS taking over huge swathes of Iraq but it's made up mostly a former Shia militias. When we went out earlier today to speak to those who are part of the funeral procession in Baghdad, many of them were saying that they had experienced fighting the Americans.
They did this during the U.S.-led occupation and that they had been a thorn in America's eye back during those years and they were ready to be one -- once again. So they have also, reportedly after these strikes took place issued orders to their fighters to get ready to fight the enemy. Add to all of that, you also have the Iraqi parliament that is meant to be meeting tomorrow also to address the U.S. troop presence in Iraq.
So when you look at these rocket attacks, given everything else that is happening, there are of course a lot of questions as to how related this is to those events and what significance they may actually carry.
WHITFIELD: OK. Arwa Damon, thank you so much from Baghdad. All right. The conversation on Iran continues tomorrow on CNN State of the Union. Secretary of State Mike Pompeo, former mayor Pete Buttigieg, Senator Elizabeth Warren and House Intelligence Committee Chairman Adam Schiff, all joining Jake Tapper, State of the Union, Sunday 9:00 a.m. Eastern right here on CNN. And ahead for us this hour. The New York Times reports the White House is withholding Ukraine-related e-mails despite a court order, why those messages may be significant and who sent them coming up. And U.S. cities on high alert in the wake of Soleimani's death. How police from New York to Los Angeles are preparing.
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WHITFIELD: All right. Right now 2800 U.S. troops are on their way to the Middle East. This as Iran promises harsh revenge following a U.S. drone strike that killed their top general, Qasem Soleimani. This morning thousands more in the commander during a funeral procession in Baghdad, Iraq's prime minister was among those in the crowd. Iran's President Hassan Rouhani, met with Soleimani's family today in Tehran.
The general's daughter asking who will take revenge for her father's death. Rouhani replied, quoting now, "Everyone." Iran's ambassador to the United Nations telling CNN, Erin Burnett, that the strike on Soleimani was an act of war.
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MAJID TAKHT-RAVANCHI, IRANIAN AMBASSADOR TO THE UNITED NATIONS: They assaulted a military war by assassinating by an act of terror against one of our top generals, so what else can be expected of Iran to do? We cannot just remain silent, you have to -- you have to act and he relaxed.
(END VIDEO CLIP)
WHITFIELD: Meanwhile, President Trump and his administration are defending the decision to kill Soleimani. Telling a crowd in Miami last night at a political rally, the general was preparing an imminent attack on Americans.
(BEGIN VIDEO CLIP)
DONALD TRUMP, PRESIDENT OF THE UNITED STATES: He was plotting attacks against Americans. But now we've ensured that his atrocities have been stopped for good. They are stopped for good. I don't know if you know what was happening, but he was planning a very major attack. And we got them.
(END VIDEO CLIP)
WHITFIELD: All right. With me now, Kirsten Fontenrose. She is the former senior director for Gulf Affairs at the National Security Council. Good to see you, Kirsten. So what has this killing in your view of Iran's general done to the U.S. presence in the Middle East?
KIRSTEN FONTENROSE, FORMER SENIOR DIRECTOR FOR GULF AFFAIRS, NATIONAL SECURITY COUNCIL: It will increase requests from our partners in the Gulf and in the Levant for assistance in terms of personnel and equipment for defending their own citizens, as well as our own who are based with their forces. It will -- it will increase the respect some of these governments have for the United States that had been lagging after withdrawal from Northeast Syria and after our refusal retaliate against Iran's attack on the Abqaiq, Aramco oil facility.
You know, we are hearing from partners, this guy was a problem for all of us. Thank you for doing it. But now, please help us defend against what might come next.
WHITFIELD: Was it important for this killing to be handled in this fashion then? From the U.S. perspective, meaning is very public as opposed to this being some covert operation where people will -- would have, you know, lingering questions about what happened, who did it?
FONTENROSE: I think very important, because he was such a public figure, that if we tried to do this in a covert fashion, it would only look like people were hiding something like we were trying to hide something from our own public or from the Iraqi public or from Iran. And this killing is intended to send a very direct message to Iran, that we will not sit back and watch them continue to escalate attacks against our forces and our civilians. And to do it covertly would have -- would have left too many questions unanswered.
WHITFIELD: In your view, does this put Americans particularly those who either can't get out of wherever they are in that region or perhaps U.S. military members who were assigned to stay? Does it put all of them in greater self-defense kind of positions?
FONTENROSE: They'll definitely take a heightened for security posture. I don't think they're in greater danger than they were when Qasem Soleimani was alive. The very fact that they were imminent attack plans against our forces in our diplomats there tells us that they were already in danger. So, we may see an accelerated timeline, or we may see more creative approaches, as the Iranian leadership says, all right, the U.S. figured out we were planning these attacks.
Let's sit back and let's plan something different now. So we may have to ramp up our intelligence collection to get a handle on what's coming next. But the danger was already there.
WHITFIELD: OK. Well, you mentioned, you know, some of the international community have celebrated the takedown of Soleimani. Iraqi leaders have been highly critical of the killing, and they're accusing the U.S. of violating its sovereignty of the U.S. is in Iran. Iraq. You know, there may be 5000 U.S. troops there.
[13:15:04]
WHITFIELD: Are you seeing the beginning of the end of a U.S.-Iraqi relationship as we've known it?
FONTENROSE: If the Iraqi parliament elects to evict the U.S. forces from Iraq with us, we'll go all of our security assistance to include foreign military funding and our training mission that trains their security forces. We have an excellent relationship with their extremely competent C.T. service, their counterterrorism service. And I don't think anyone in Iraq wants that to end because there still is an active ISIS threat in Iraq.
You know, we expected this administration in Iraq to have a problem with this attack. But where was the condemnation and the claims of violations of sovereignty when Iran backed militias, attacked Iraqi security forces along with U.S. forces in Kirkuk on December 27?
WHITFIELD: All right, Kirsten Fontenrose, we'll leave it there for now. Thank you so much. Good to see you and happy new year.
FONTENROSE: Thanks for having me.
WHITFIELD: All right. Coming up. New signs of stonewalling from the Trump administration. Details on a new batch of Ukraine-related e- mails. The White House is reportedly refusing to turn over.
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WHITFIELD: All right. Welcome back. And it's been more than two weeks since President Trump was impeached. And still unclear how and when the senate trial would be handled. Right now negotiations remain at an impasse as Senate leadership continues to spar over whether or not to call witnesses for the trial.
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SEN. MITCH MCCONNELL (R-KY): Just like 20 years ago, we should address midtrial questions such as witnesses after briefs, opening arguments, senator questions and other relevant motions.
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MCCONNELL: Fair is fair.
SEN. CHUCK SCHUMER (D-NY): There was an exceedingly strong case to call witnesses and request documents before the Senate went out of session for the Christmas break. In the short time since that case has gotten stronger, and remarkably so. We are not asking for critics of the president to serve as witnesses in the trial. We are asking only that the President's men, his top advisors tell their side of the story.
And Leader McConnell, once again, has been unable to make one argument, one single argument as to why these witnesses and these documents should not be part of a trial.
(END VIDEO CLIP)
WHITFIELD: All right. Here with me now to discuss, Ross Garber impeachment and CNN legal analyst. Good to see you and happy New Year. Ross --
ROSS GARBER, CNN LEGAL ANALYST: Happy New Year.
WHITFIELD: So McConnell says, you know, he wants this trial to be like President Clinton's and there were 40 witnesses at that time. Does it seem like the groundwork is in play for a similar proceeding? GARBER: Well, so the Republicans have the majority in the Senate, and no rules are going to get passed without the Republicans signing on to those rules. What McConnell is saying is, let's just implement the Clinton rules. And what's important about what happened there was it happened in two stages. The first part was a package was passed a set of procedures. That said they're going to be opening arguments, they're going to be briefs.
And then and only then after that, will a decision be made on witnesses and McConnell says trust us, we will make fair evaluation after that.
WHITFIELD: He say midtrial witnesses.
GARBER: Well, what he's saying is, let's do opening, we'll pass a set of procedures exactly like in Clinton. First there'll be arguments, then there will be questions and answers by the -- by the senators to lawyers. And after that, and only after that we'll consider whether we need witnesses. That was the process in Clinton. The Democrats are saying, well, wait a minute, we know if we sign on to that kind of process there aren't going to be witnesses in the real world.
We know what's happening here, the Democrats are saying, so let's address the issue of witnesses upfront, the Democrats say, McConnell says no, I'm not willing to do that. So right now, things are at an impasse, and it's unclear when the speaker of the House is going to submit the articles of impeachment to the Senate named the house managers, Senator McConnell, the Republican leader said, fine, you don't want to send us the articles. You don't want to send us the managers. That's OK. We'll just wait.
WHITFIELD: So then one has to wonder whether any of the new reporting new revelations will impact this impact me this impact -- this impasse meaning, you know, right now, reportedly New York Times reporting the Trump administration withholding 20 e-mails about freezing Ukraine funding. Does this add ammunition to House Democrats arguments, you know, that witnesses need to be called, because there is new information being reported, new potential evidence?
GARBER: Yes. So it had some logical implications. I mean, you know, after all this information is coming out, yes. I think a lot of people in the public would say, you know, it makes sense to hear from witnesses. It makes sense to see more information. But remember, obviously, Fred, this is politics. And the Republicans are saying not so fast the time to do all that was at the House. The house did their investigation.
They finished it. They passed articles of impeachment. That was a time for witnesses. There's also a practical issue. The main witnesses and documents that the Democrats are saying they need for trial that they want for trial. Those are witnesses and documents that the administration has said that they're not getting, they're not producing. And so what would happen in the Senate is even if the Senate issued subpoenas for those witnesses, and for that information, the administration would still very likely refused to comply and then we'd be back where they were in the House having to decide whether to delay things or go to court.
And so, you know, in the real world, it is vanishingly unlikely that they're going to be subpoenas for witnesses, at least the witnesses that the Democrats want in the Senate trial.
WHITFIELD: So Congress voted on two articles of impeachment, or do you see that there could potentially be any new articles of impeachment that could come particularly because of this impasse.
[13:25:05]
GARBER: Well, I think that's unlikely. Remember one of the articles of impeachment was based on the failure or refusal of the administration to comply --
WHITFIELD: Obstruction of Congress.
GARBER: -- with the House's -- yes, exactly. Essentially obstruction of Congress. That's exactly right. So, you know, the refusal of the administration to supply these precise e-mails probably isn't going to be a big deal. But what's interesting now is we are seeing more information come out, and I think we're likely to continue to see more information related to these issues, you know, come out as the weeks and months go by, you know, could that cause the House to pass more articles of impeachment?
You know, in court proceedings, they're saying maybe, it depends on what we get. And there are some interesting cases pending in court right now.
WHITFIELD: All right, Ross Garber. We'll leave it there for now. Thank you so much.
GARBER: Good to be with you, Fred.
WHITFIELD: All right. And anything can happen in an impeachment trial. Join CNN's own Wolf Blitzer for a look back at the suspense and drama from the trial of President Clinton. CNN's special report, the trial of William Jefferson Clinton airs tomorrow night 9:00 p.m.
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WHITFIELD: All right. Welcome back. New pictures right now into CNN of some of the protests going on following the U.S. drone strike that killed the Iranian general, Qasem Soleimani. Looking at live pictures or pictures rather in Washington, D.C. where people have been gathering and marching. The answer, the coalition is holding a small rally that they're calling a no new war.
Protesters carrying signs calling for no war or sanctions on Iran as they march right now in Lafayette Park near the White House. All right. In New York, protesters chanting U.S. out of the Middle East. The protests are taking place under heightened security after Iranian officials threatened harsh revenge against the U.S. CNN's Brynn Gingras is in Times Square. Brynn, what steps are being taken to protect against any potential attacks from coast to coast? BRYNN GINGRAS, CNN CORRESPONDENT: Yes. I mean, Fred, the leaders of this city, the mayor, the police commissioner, they essentially said in a news conference yesterday, this is a new reality in New York City. Obviously, this is the biggest city in America and it's always considered a potential target for terrorist activity or any other, you know, something that could happen. However, they say this is going to be a little bit different.
Of course, their security measures are all pretty much the same. They continue to have those strategic response officers, those highly trained officers all around the city at major city landmarks. The governor is actually deploying National Guard members to be in certain places of vulnerability as well.
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GINGRAS: However, they said to keep in mind the facts about Hezbollah. This is an Iranian ally, a terrorist group. Since 2017, New York City has arrested three people, three sleeper agents, here in the state acting on behalf of Hezbollah allegedly.
And so the last one just happened this last year. And he was taking pictures, allegedly, in front of landmarks that could be potential targets, not just here in New York City but in Boston, Washington D.C. So they say this is the real concern.
There's the intelligence out there that they continue to follow but they have to be -- they really have to be honest about the potential of how serious the consequences of these actions by the government this week are.
So, they say really what they really need is everyone to remain vigilant, of course. They need you to be aware of what's going on, to report back. See something, say something, that key term that they always say. But of course, they're also stepping up their patrols as well -- Fred?
FREDRICKA WHITFIELD, CNN HOST: All right, Brynn Gingras, you're in Times Square in New York where we're looking at pictures right now on Washington D.C.
On Pennsylvania Avenue, where demonstrators have stopped in front of the Trump International Hotel on their way to Lafayette Park, which across from the White House. They're really only two blocks away from the White House but instead making their statement in front of the Trump International Hotel in D.C.
Thank you, Brynn.
The 2020 Democrats are on the ground in Iowa for the final push before the caucus. Here is Senator Bernie Sanders speaking in Dubuque. We'll take you there live, next.
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WHITFIELD: Hard to believe but just 30 days away until the Iowa caucuses. And the rising crisis in the Middle East is now forcing candidates to zero in on foreign policy issues.
Vermont Senator Bernie Sanders is hoping to capitalize on Joe Biden's 2002 vote for the war in Iraq, a vote the former vice president himself has called a mistake.
CNN's senior Washington correspondent, Jeff Zeleny, joining me with more from Iowa.
[13:35:04]
Jeff, will Biden's Iraq war vote in any way sway voters today?
JEFF ZELENY, CNN SENIOR WASHINGTON CORRESPONDENT: Fredricka, there's no question that Senator Bernie Sanders is certainly reminding voters here in Iowa and in other states about Joe Biden's vote back in 2002 to authorize the use of military force in Iraq. Of course, that is a vote that, a few years after that, Joe Biden said was a mistake.
But Bernie Sanders has really, for several months, been making this case but certainly is making it with more -- an aggressive sound in his voice and his tone and his argument, trying to remind voters of Joe Biden's foreign policy record.
Now, the question here is, is foreign policy front and center on the mind of voters. It really hadn't been up until the last couple days. But boy, I can tell you, traveling around the state, talking to a lot of voters, seeing a lot of candidates, foreign policy is suddenly a central issue on the minds of voters because of what is happening in the Middle East.
Take a listen a few moments ago to what Bernie Sanders told voters in Dubuque.
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SEN. BERNIE SANDERS (I-VT): When I return to Washington next week, along with the U.S. Senate, I believe the first course of action is for the Congress to take immediate steps to restrain President Trump from plunging our nation into yet another endless war.
(END VIDEO CLIP)
ZELENY: So certainly what the conversation is now is also one of experience. Talking to many voters, who say they are still undecided in this race, several of them are turning to Joe Biden's experience, saying that they believe that he is someone who is ready to deal with these challenges in the Middle East.
And it does raise questions about some of the newer candidates in the race, do they have the experience that Joe Biden does.
So I'm at an event that Senator Elizabeth Warren will be having shortly in the town of Manchester, Iowa. She, too, is trying to make her case as she competes in a different lane than Bernie Sanders.
So, Fredricka, as we are one month before the Iowa caucuses, it's unclear if foreign policy is going to be driving the -- be the main decision maker for voters. But it is certainly front and center in the conversation, at least right now.
The race is an unsettled one. Joe Biden is leading nationally, no question. He has been picking up steam in Iowa in recent weeks. But Elizabeth Warren, Bernie Sanders, Pete Buttigieg, Amy Klobuchar, as well, also in the hunt here.
The next month certainly unpredictable and with foreign policy, even more so -- Fredricka?
WHITFIELD: Jeff Zeleny, thanks for being with us, appreciate it, from Dubuque, Iowa.
Joining me right now to discuss, Andrew Gillum, a former candidate for governor in Florida and a CNN political commentator.
Good to see you. Happy New Year.
ANDREW GILLUM, CNN POLITICAL COMMENTATOR: Thank you.
WHITFIELD: Mitch Landrieu, the former mayor of New Orleans and a CNN political commentator.
Good to see you as well and Happy New Year.
MITCH LANDRIEU, CNN POLITICAL COMMENTATOR: Happy New Year.
WHITFIELD: Andrew, let me begin with you.
Will voters punish Joe Biden? Will they be mindful of that vote for the Iraq War?
GILLUM: Again, Happy New Year to you, Fred.
I'm not actually clear that the voters are going to penalize Joe Biden for that vote.
But I will tell you he's right to right now be leaning into the fact that he's got international relationships. What they are all competing to do is to pass the commander-in-chief test. It's a test that I think many Americans have resolved that Donald Trump does not meet, that he does not pass.
That's kind of why so many of us are saying show us the proof, what led to this escalation over the past several days.
But also, Bernie Sanders is also right to say, listen, I've also got long-standing relationships. I also have experience and the fact that on many of these issues I was right. He's pointed out that Vietnam, he was right on that, that he was right on being against going into and entering into the war in Iraq.
He has been against this sort of nation-building concept as a way to exert American power. And now he's obviously making pretty firm statements that say he's going to do everything he can as a sitting Senator to prevent us entering into another war.
The case that he can make is, while Joe Biden may have been vice president and had this standing with a number of global leaders, he's been right on many of these foreign policy issues if you look over the arc of history.
WHITFIELD: Mitch, you have called Joe Biden the Democrats' best chance to beat President Trump in November but do you think his foreign policy record is a gain or in any way a liability?
LANDRIEU: Well, each of the candidates are going to make their best argument. I think most of Americans feel like we're in a very unstable world, in a very unstable situation.
Every election that I've participated in, over nine personally, there's always been an event that was completely unpredictable that changed the course of the election and this could be one of them.
It's going to get people focused on the issue of foreign policy of the all of the debates thus far have been about domestic policy. I think there was one debate where they talked about foreign policy for a minute.
[13:40:09]
I think the focus will then turn to which one of these individuals is best suited to step into that office right away into an unstable situation.
In that regard, I think it plays into Joe Biden's strength, not his weakness. I think he'll have to answer for the Iraq war which Bernie Sanders will certainly make him do.
Overall i think most of the people are going to say, who's the person that has the experience to handle situations like this, even though they may have made misjudgments in the past. My sense is overall it will play to his strengths, not his weakness at this particular moment.
WHITFIELD: Andrew, Julian Castro now dropped out of the race for the White House earlier this week, joining other major viable candidates, Kamala Harris, Beto O'Rourke, Kirsten Gillibrand.
What do you think about those who were in the race, you know? Even though they had failed candidacies, did they still gain valuable credentials because they ran? What do they do now?
GILLUM: Yes, absolutely. I believe that not only do they gain very valuable credentials, they have expanded their footprint. More people know who they are.
As a friend of Secretary Castro, I have been particularly impressed with the strength of his voice. He has run this race unapologetically. I have to say -- and I know Mayor Landrieu is working on a similar project in New Orleans, which he may want to talk about. But I certainly found Secretary Castro to be one of the clearest
voices on reconciliation, on inequality in the system, and speaking to the issues that confront so many marginalized communities. That voice is going to be sorely missed, I think, on the debate stage.
And I just hope that there are going to be other candidates that start to ratchet up a little bit more the concerns that are hitting at so many of those communities that I think Secretary Castro was a very powerful voice on.
WHITFIELD: If anything, Mitch, does it give any of those candidates, I guess, more room, or does it make them more viable potential candidates to be running mates?
LANDRIEU: I think it probably does. First of all, I think the number of candidates the Democrats have had has been very healthy. I think the debate has been vigorous. I think the entire field was really well credentialed.
Secretary Castro was a friend of mine and I thought did a spectacular job. It certainly increased their profile but added great value to the depth and the breadth of the debate and speaking to the hearts and minds of the American people. He gave us a gift of running.
Not everybody can win. There's only going to be one person standing at the end of the day but kudos to him. I thought he did a great job.
WHITFIELD: We'll leave it there. Mitch, Andrew, good to see you all.
LANDRIEU: Thank you so much.
GILLUM: You, too.
WHITFIELD: Coming up, jury selection for Harvey Weinstein begins today. What the former movie mogul just told CNN.
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[13:46:54]
WHITFIELD: Jury selection in the trial of disgraced former movie mogul, Harvey Weinstein, gets under way this week. He faces rape and sexual assault charges that could land him in prison for the rest of his life if convicted.
Weinstein became a pivotal figure in the #metoo movement when dozens of women came forward and accused him of rape, sexual harassment and assault.
Weinstein answered CNN's questions via e-mail saying, in part, today, "I realize now that I was consumed with my work, my company, and my drive for success. This caused me to neglect my family, my relationships, and to lash out at the people around me," end quote.
The judge in the case refused the defense request to move the trial out of New York because of publicity. His lawyer addressed that concern earlier today with CNN's Michael
Smerconish.
(BEGIN VIDEO CLIP)
MICHAEL SMERCONISH, CNN POLITICAL COMMENTATOR & CNN HOST, "SMERCONISH": You would have to be living under a rock not to know that there were dozens of women making a similar claim about Harvey Weinstein. How do you find a fair and impartial jury in that context?
DONNA ROTUNNO, ATTORNEY FOR HARVEY WEINSTEIN I think in some ways that number sort of helps us because once the jury sits down and the jury hears that this is only about two women, I think they start to wonder how truthful those other circumstances are or, if there were so many, why aren't they a part of the criminal case.
(END VIDEO CLIP)
WHITFIELD: I want to bring in Avery Friedman, a civil rights attorney and law professor, and Richard Herman, a criminal defense attorney and law professor.
Good to see you both. Happy New Year.
AVERY FRIEDMAN, CNN CONTRIBUTOR: Happy New Year to you.
RICHARD HERMAN, CNN CONTRIBUTOR: Happy New Year.
WHITFIELD: Richard, to you first.
Let's talk about this. Weinstein's attorney's assessment, how much of her statement do you agree with, that this kind of publicity could actually help them in their case?
HERMAN: I don't know if it can help them, Fred. Again, only two charges, two women in the New York case, and all the other jurisdictions, there's no other charges brought. L.A. has eight open cases but they haven't filed charges. London is investigating him.
FRIEDMAN: That's right.
HERMAN: They haven't filed anything. Only New York, and they've brought two, in my opinion, flimsy cases.
Now, it's morally reprehensible the way he conducted himself. I believe that. Personally, i believe that.
But from a defense perspective, Fred, it's an extremely defensible and winnable case for Harvey Weinstein. It's about quid pro quo. It's about consent and non-consent.
If the rules of the game were, you play around with me and I'll enhance your career and I'll make you a movie star, you have a choice, the door is here. You can walk out the door and forget about it or, if you play, it's on consent, Fred, and you need non-consent to have rape. So again, it's going to be tough picking a jury. It's going to take
probably three to four weeks to pick a jury in New York. You're going to have stealth jurors. Some are going to want to put Harvey away forever and some are going to say this #me too movement has gone too far and I'm going to exonerate him.
(CROSSTALK)
WHITFIELD: Well, so, consent, non-consent, that's at the root of rape, alleged sexual assault cases.
FRIEDMAN: Of course, it is.
WHITFIELD: Avery, why is it a detriment that it's two people versus dozens? Why would that number make a difference, an assault or alleged assault on one is too many, isn't it?
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FRIEDMAN: I agree. I hope Richard wasn't speaking for all men. Believe me, the way I see it is very differently.
The fact is this is a case of two individuals. And the case sounds eerily similar, Fredricka, to Bill Cosby. Two men of power, individuals who asserted claims from 10 years, 20 years ago. You have prior bad acts, evidence that will be coming in.
I actually believe that this is a case that can be made if prosecutors do it right. And I think there's no way you can minimize the historical significance of what's going on.
Yes, there's a possibility of stealth jurors. And these lawyers are going to have about 15 minutes per juror to get that in order. But something tells me the testimony that's going to surface in this trial is going to be sufficient, I believe, to secure a conviction.
WHITFIELD: Prosecutors added the term "predatory" to some of the charges, Richard.
HERMAN: Yes.
WHITFIELD: Why does that or how does that, you know, dynamic change anything?
HERMAN: Under New York criminal law and criminal statutes in New York, Fred, if you add that label to it and you're able to prove the conduct rose to that level, you're able to enhance the sentencing after conviction.
But we're a long way away from conviction. I'll give you one example. One of the victims who has to prove her case beyond a reasonable doubt within a month has e-mails to Harvey Weinstein saying how much she loved him and how much she appreciates everything he's done for her.
The defense, there's a defense case here, Fred. It's like, you know, the great Rocco Lampone (ph) in the "Godfather." Difficult but not impossible. And this is, for a defense attorney, all you can ever ask for is a defensible case. And this is one.
And you're going to see vicious cross examination by the lead female attorney for Harvey Weinstein. A female can do it. I can't do it, but a female can do it. And they're going to punch holes in this case and it's going to be interesting, Fred.
FRIEDMAN: We'll see.
(CROSSTALK)
WHITFIELD: And again, morally reprehensible. Personally, I hate it, but this is a winnable case for the defense.
(CROSSTALK)
WHITFIELD: Are we seeing a window into that defense? Yes, you've got the people female attorney, who's coming out and speaking. You've got this now e-mail response from Weinstein.
Let me repeat what he said to our reporter today: " I realize now that I was consumed with my work, my company. My drive for success has caused me to neglect my family, my relationships, and to lash out at the people around me."
And then to see the latest images with him using a walker while leaving a court appearance.
So what does it tell you about the posturing of his defense, Avery?
FRIEDMAN: Well, there's going to be posturing all over the place. Think about this. You're going to have 80 women who explained that they were part of the Weinstein sexual meat grinder.
HERMAN: No, you're not.
FRIEDMAN: They're be in the background.
HERMAN: No.
FRIEDMAN: That's the posturing. And they're going to be in that courtroom. It has nothing to do with the merits of the case.
But if the question is between the CNN e-mail and the defense lawyer going on Michael Smerconish's show, that is part of the bigger picture, and you can't pretend that it's not a factor.
WHITFIELD: Richard?
HERMAN: Yes. I just thought, again, Fred, I think that it's going to -- see how well these women hold up when they testify on direct examination. Let's see how they hold up. Let's see the holes that are punched in their testimony.
FRIEDMAN: We'll see.
HERMAN: The defense has spent a lot of money in preparation. Unless it's airtight -- I don't think it is, Fred. I think there are holes. Only two -- just think, there's two. Of all the 80 claims that he sexually harassed, there was only two now that have been brought to court. It's going to be interesting to see how this plays out.
WHITFIELD: Right.
So that statement that that email went to our Chloe Melas.
And then, Richard, you said, there's a certain advantage that Donna Rotunno, the lawyer for Weinstein, has over, say, you, if you were defending him. How does that translate you believe in the courtroom?
HERMAN: It's in the minds of jurors. If a man defense attorney, just in your mind, is beating up a female victim, it doesn't play out well, it doesn't look well.
(CROSSTALK)
FRIEDMAN: We'll see.
WHITFIELD: But you will have women who will take the witness stand, whether they are at the core of these two allegations or whether they have their own stories to share.
FRIEDMAN: Right. The prior bad-actor witnesses.
HERMAN: Right. Right. Yes.
(CROSSTALK)
FRIEDMAN: That becomes important. That becomes important. Because the judge has already determined that that's going to be part of the evidence the jury is going to consider.
[13:55:03]
And don't think the jurors are going to look at a female criminal defense lawyer and say, oh, that means the prosecution can't make their case. There will be good, thoughtful jurors and the judge will instruct those jurors. I think the prosecution is going to do just fine.
WHITFIELD: All right.
HERMAN: Well, the prior bad acts, there were no charges brought in those cases. It could play to the defense.
(CROSSTALK)
WHITFIELD: We'll leave it there for now.
HERMAN: It could play to the defense.
WHITFIELD: Always good to see and hear from you --
(CROSSTALK) WHITFIELD: -- into yet another New Year.
What are you about to say, Richard?
HERMAN: I'm saying, for someone who's 29 years old, Fred, we've been doing this for 19 years -- this starts for 19 years --
(CROSSTALK)
HERMAN: -- every week. That's amazing.
(CROSSTALK)
HERMAN: Come on. That's a long time.
FRIEDMAN: It is amazing.
FRIEDMAN: You bet.
WHITFIELD: You all are amazing.
Richard, Avery, thank you so much.
(CROSSTALK)
WHITFIELD: Thanks so much for bringing that up. Appreciate it.
(CROSSTALK)
WHITFIELD: We'll be right back.
(COMMERCIAL BREAK)
WHITFIELD: Firefighters in Australia spending another day battling catastrophic fires across the southern part of the country. One official comparing the destruction to an atomic bomb.
Here now is CNN's Anna Coren.
(BEGIN VIDEOTAPE)
ANNA COREN, CNN INTERNATIONAL CORRESPONDENT: A long night ahead for the fire crews here on the south coast of New South Wales. The catastrophic conditions that were forecast for this par3333333t of the state haven't actually eventuated. We didn't get the high temperatures and ferocious winds that were predicted.
However, a southerly has started to come in, whipping up other fires that are burning.
In the town of Eden, which is right down the south coast on the border of New South Wales and Victoria, fires are raging. And there are grave concerns for the communities in that township.
Many residents heeded the warnings to get out, to evacuate, from what were expected to be the worst fires of the season. These fires are affecting the entire southeast coast of Australia.
But as I say, there are cooler conditions that have come in in the last few hours. And certainly the firefighters we've spoken to say that they have been spared the absolute carnage that was predicted today.
We heard from the Australian Prime Minister Scott Morrison earlier, and he said that 3,000 members from the Australian Defense Corps, the military, will be deployed, as well as the biggest navy ship "HMS Adelaide," that will be sent to evacuate the residents who have been cut off, isolated. They will be evacuated and taken to safety.
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He also said that four planes have been hired for water bombing. And here in this area and Maurilio (ph), on the south coast, we have
seen endless operations of aerial bombardment of the communities, the properties and the homes.
