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Biden Administration Weighing Testing for Travel; Dr. Eric Topol is Interviewed about Travel Testing; Writings from Suspect Obtained in Search; Supreme Court Hears Challenge to Abortion Ban. Aired 9-9:30a ET

Aired December 01, 2021 - 09:00   ET

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

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[09:00:15]

BRIANNA KEILAR, CNN ANCHOR: Time now for "The Good Stuff."

She's a swimming legend known to all as Mighty Mo, Maurine Kornfeld, and she's now celebrating her 100th birthday. She has won 14 world championships, set 28 records and was inducted into the International Swimming Hall of Fame in 2018 and she still swims nearly every day. Her secret to long life, just to enjoy it.

CNN's coverage continues right now.

ERICA HILL, CNN ANCHOR: Good morning. I'm Erica Hill.

JIM SCIUTTO, CNN ANCHOR: And I'm Jim Sciutto.

This morning, we are learning new details about the Biden administration's plans to respond to the omicron variant. Top officials are considering strict testing requirements for all travelers entering the U.S. from abroad. A decision on that could come anytime this week. We're going to have everything we know about that plan coming up.

HILL: Also new this morning, chilling video from inside a Michigan high school, students running for their lives as a 15-year-old opened fire, killing three students, injuring eight other people. One local official saying in response, however, there are really no unwounded (ph) students or staff following the tragedy, remarking on the toll it will take shattering the security in that space.

SCIUTTO: Watching those --

HILL: We'll hear from the sheriff this morning about some of the warnings the gunman may have left behind.

Jim, just, unfortunately once again. And it is utterly disturbing.

SCIUTTO: Children having to endure that in their school.

Well, also, in the next hour, for the first time in almost three decades, the future of abortion rights in America will be at stake, possibly in danger as the Supreme Court hears arguments on the constitutionality of a Mississippi state law that bans abortions after the first 15 weeks of pregnancy.

A lot of developments we are following this morning.

Let's begin, though, at the White House with the administration's plans to respond to the omicron variant.

And, Jeremy, discussion of testing here for international travels, a proposal as well for possible quarantine? Where do things stand?

JEREMY DIAMOND, CNN WHITE HOUSE CORRESPONDENT: Yes, there's a number of things under consideration right now, but sources familiar with the matter say that the Biden administration is considering requiring American citizens and foreign travelers flying to the U.S. to test for coronavirus one day before their trip. Currently, fully vaccinated travelers only need to test within three days of their trip. So this would shorten that timeline. They are also considering requiring testing upon returning home.

A CDC spokesman last night confirmed that they are indeed looking at shortening that testing window, saying in a statement, a revised order would shorten the timeline for required testing for all international air travelers to one day before departure to the United States. This strengthens already robust protocols in place for international travel, including requirements for foreign travelers to be fully vaccinated.

Now, we have heard, and the CDC director yesterday did mention, that they were looking at potentially changing rules related to self- quarantine when returning to the United States. But a White House official making very clear that a mandatory quarantine for people returning to the United States -- or coming to the United States from abroad is not under consideration. That official also making clear that the administration is evaluating a range of options.

And we are expected to hear what these new strength in testing requirements and other protocols are when President Biden goes to the National Institutes of Health tomorrow. He's expected to outline his strategy. That will also include a focus on vaccinations, boosters and, of course, testing.

Jim. Erica.

HILL: Jeremy Diamond, appreciate it. Thank you.

Also with us this morning to discuss, Dr. Eric Topol, a cardiologist. He's also a professor of molecular medicine at Scripps Research, a non-profit biomedical research institute.

Great to have you with us this morning.

Let's pick up where Jeremy left off in terms of some potential changes here to that testing window for people coming into the United States. What difference would that make in your mind? DR. ERIC TOPOL, PROFESSOR OF MOLECULAR MEDICINE, SCRIPPS RESEARCH:

Well, good to be with you, Erica and Jim.

I mean it's nice to get this travel story straightened out. It hasn't been right for the whole pandemic. But it's just one piece of a much important multiprong strategy we need to take on because delta is surging again in this country, no less the omicron story.

SCIUTTO: Dr. Topol, I want to ask, and I ask with the proviso that we know this is early in terms of data coming in on the threat from omicron. But we had a South African health official on CNN this morning who said that so far 90 percent of those hospitalized in South Africa have been unvaccinated and at least among the young people that they have seen contract this variant of the disease, that they've had mild symptoms.

[09:05:04]

Again, it's early. Israel, though, is talking about similar data.

Is this a hopeful sign that omicron may be less threatening than some of the worst predictions early on?

TOPOL: I think so, Jim. I mean I think the hospitalization pattern in South Africa, or particularly the province that's mostly affected, doesn't suggest anything different about this variant compared to the prior variants of concern and the original strain. So that's encouraging.

There are other pieces of encouraging things to think about because, remember, the beta variant that originated was first detected in South Africa, that one had a lot of immune evading properties. And, ultimately, it couldn't compete with delta anywhere else around the world.

So, we don't know about omicron. We know it has lots of mutations, of course. But so far, yes, we have seen around the world some people who are vaccinated, in fact even with a booster, who have gotten infected. But those individuals so far have had very mild illness.

So, you know, there aren't the panic signs that I think were initially felt when this sequence was determined by the South African scientists.

HILL: When we look at delta, you know, you pointed out, delta is still a real concern. It's the dominant variant in this country as of this morning. And you wrote in "The Guardian," our problem now is not omicron, but rather using the tools we have which are getting better and better over time.

Are those tools today in the United States being used effectively and being used by enough people?

TOPOL: Unfortunately, they aren't, Erica. I mean you mentioned the -- what we need to tighten up at the borders and the airports. But well beyond that. We've relaxed all of our mitigation measures such as masks and even using higher quality medical grade masks. We haven't been advocating third shots like we should. I mean this is really a three-dose vaccine, unless someone had J&J or prior Covid. We also, of course, are -- have hit a wall in many respects with getting people -- more people vaccinated. With this delta variant, which is the main problem, it's so hyper contagious, we've got to get 90 percent of people with an immunity wall to delta, either by vaccination or recent confirmed prior Covid. We're so far away from that. We're 30 percent point of the American population.

So, we've had problems in getting the mandates through, even for healthcare workers, because of efforts in the courts. And this is just extraordinary because who would have thought mandates would be necessary to protect people from a serious illness, no less spreading it to others.

So, so many things we can do.

And the other thing just to mention is, the pill that will be not the one that was -- got -- get a recommendation yesterday, the Merck pill, but the next one to come is extremely potent against all variants that we've seen. And so that's a welcome addition to our armamentarium.

SCIUTTO: Understood.

Well, Dr. Eric Topol, thanks so much for helping us digest all of this. We appreciate it.

We should note that with the omicron variant raising some new questions, many new questions, Anderson Cooper, Dr. Sanjay Gupta, they'll come together with Dr. Anthony Fauci for an all-new CNN global town hall "Coronavirus Facts and Fears." That's live tonight at 9:00.

And this morning, we're learning new details about the kind of story that's become so familiar in this country, a shooting at a high school in Michigan. This one at Oxford High School left at least three students dead, killed, murdered, in their school, eight others injured. Authorities say they believe the suspect fired at least 30 shots. Now investigators have recovered writings that contain some of his thoughts during the execution of an overnight search warrant.

And there's this chilling video. Moments from inside one classroom as students sheltered in place as the shooter tried to lie his way into the classroom.

Have a listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: It's safe to come out.

UNIDENTIFIED FEMALE: Yes, they said it's safe to come out.

UNIDENTIFIED MALE: No, no (INAUDIBLE).

UNIDENTIFIED MALE: We're not willing to take that risk right now.

(END VIDEO CLIP)

HILL: The 15-year-old suspect who is now in custody and on suicide watch, there is a lot to learn about him. Students also describing, you see some of these moments on this video, they're also describing what it was like for them leading up to their escape in those moments.

(BEGIN VIDEO CLIP)

AIDEN PAGE, OXFORD HIGH SCHOOL STUDENT: We heard two gunshots and then after that my teacher ran to the room, locked it, we barricaded, and then we covered the windows and hid.

[09:10:02]

The very first thing is -- in my head was, this is actually happening. I'm going to text my family, say I love them, just in case if I were to die.

(END VIDEO CLIP)

HILL: How many kids have to go through that moment, or adults.

CNN's Shimon Prokupecz live this morning in Oakland, Michigan.

So, Shimon, we've learned that authorities, when executing that search warrant last night, did uncover some writings from the alleged shooter. What more do we know about what they found?

SHIMON PROKUPECZ, CNN CORRESPONDENT: Yes. So the sheriff just revealing that this morning on "NEW DAY," saying that they did find writings while they were executing a search warrant at his home. And basically just describing it as something that contains the alleged shooter's thoughts. They're hoping that it takes them to a path where they can learn the motive. Right now authorities are not speculating on motive, not giving anything as they're still trying to figure that out.

The sheriff also revealing a lot of other new details, certainly that they have now evidence that some 30 shots were fired. They've recovered 30 rounds, he said. Also very chilling, he described seeing video that shows the alleged shooter going through the building, describing it as at close range -- at close range, saying that he came out with intent to kill and calling it a cold-hearted murderous spree, essentially.

So there's still a lot, obviously, for authorities to learn. But more and more details are starting to come out now that as investigators work through the crime scene and obviously after executing the search warrant at the alleged shooter's home.

The big question now is charges. The prosecutor's office said that they're not ready to file any charges. They're waiting on the sheriff's office to present them with some of the -- their findings and some of their investigation. And once that happens, we will likely see charges. The big question also is, is this 15-year-old going to be charged as

an adult? That's something else the prosecutors are not commenting on yet but that is certainly something that they are working on.

And, of course, there are still victims. Victims that remain in the hospital. One of them, a 14-year-old girl who is on life support. The sheriff, yesterday, describing her as fighting for her life. We have no update on her condition. But, obviously, for this community, there is still a lot to figure out and there is still a lot that they have to deal with.

HILL: That is for sure.

SCIUTTO: A 14-year-old girl on life support.

Shimon Prokupecz, thanks very much.

All right, let's speak about circumstances around this with former acting Baltimore police commissioner, CNN law enforcement analyst, Anthony Barksdale.

Anthony, I mean, it's just familiar, and gutting. These are children. One thing that struck me is the bravery and sort of presence of mind of the students that we saw in the video that we played a short clip of earlier where they're in their room, it appears that the gunman is trying to lie his way into the room, claiming to be a sheriff, and them saying, wait a second. And there was one moment where he says, bro, and the kids say, whoa, that's a red flag, bro, that doesn't sound like what a sheriff would say.

When you look at that reaction, do you think the students there saved lives?

ANTHONY BARKSDALE, CNN LAW ENFORCEMENT ANALYST: Absolutely. Jim and erica, those kids, I feel for them, but they're heroes. If we know what the shooter was up to, they put it together, quickly, and they got out of there. They are heroes. It's a tragedy. But it could have been a lot worse if those kids weren't thinking. But it's also horrible that our kids now go to school and have to deal with this. It is horrible.

SCIUTTO: Yes.

HILL: I have to say, that was one of my first thoughts of the active shooter trainings that our kids are now going through, that the staff is now going through. Yes, you're right, it paid off. But, I mean, what a world we live in where this is now what our kids have to prepare for when they go to school.

I want to ask you about what we learned from the sheriff. So, Anthony, the sheriff saying we can't get a motive from the suspect in custody, but there's a path to a lot of supportive information, noting that, you know, he believes the shooter, quote, came out with an intent to kill.

The fact that this suspect is alive, even if he's not cooperating, these writings will be key.

BARKSDALE: Absolutely. That's really important to note the motive. But I think there are also questions that also must be answered that are just as important. How did this kid get a hold of a 9mm. He's got ammo. He's got additional magazines. How did that happen? So I don't just want to stop at this -- he's, what, 15 years old.

SCIUTTO: Yes.

BARKSDALE: What about the adult that purchased that gun? What about his father? We've got a lot to look at here.

[09:15:01]

But the motive is important, Erica, so I agree.

HILL: Anthony Barksdale, appreciate you joining us this morning. Thank you.

Just ahead, a consequential day at the Supreme Court. Justices set to hear arguments on a Mississippi abortion law that could effectively strike down Roe v. Wade. We are taking you there live. Crowds gathering, as you can see there, outside.

Plus, an excerpt from a new book reveals former President Trump hid a positive Covid test from the public just days before a debate with Joe Biden. Now, he's responding.

SCIUTTO: And before meeting with military families.

Also ahead, Russian President Vladimir Putin is warning NATO allies that deploying troops to Ukraine would be a red line for him. The NATO secretary-general responding with his own warning, and he will join me live in just moments.

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[09:20:07]

HILL: Next hour, a crucial hearing at the nation's highest court that could shape the future of abortion rights in America. Live pictures here outside the Supreme Court this morning. The justices will hear those arguments. This is for a Mississippi case involving the state's ban on most abortions after 15 weeks of pregnancy.

SCIUTTO: We should note, and make this clear, this case directly threatens Roe v. Wade, the current law of the land for nearly 50 years, when it comes to making abortion legal in this country.

CNN justice correspondent Jessica Schneider joins us now from the Supreme Court.

Jessica, today's hearing has major implications. And to be clear, not just in Mississippi, but nationally. For folks at home who don't follow the court regularly, can you explain how and why Roe v. Wade is at stake with this decision? JESSICA SCHNEIDER, CNN JUSTICE CORRESPONDENT: Well, it's at stake,

Jim, because Mississippi is arguing that they want Roe v. Wade overturned. That is why this abortion case here for the Supreme Court at 10:00 a.m. is the most consequential in decades. And the difference this time is the 6-3 conservative court here.

We've already heard from one of the conservatives, Justice Clarence Thomas, who, in the past, has argued that Roe v. Wade should be overturned.

So, this is a Mississippi law that was actually passed in 2018. It has been blocked so far by two lower courts. But it basically bans all abortions after 15 weeks with limited exceptions for fetal abnormalities and medical emergencies.

This is in direct conflict with the Supreme Court's precedent in Roe v. Wade. Cases have established the constitutional right to an abortion for women and also that states cannot outright ban abortions prior to viability. That's about 23 to 24 weeks.

So, the big question here, Jim and Erica, is, how will the conservative justices here who have the clear majority, how will they grapple with Roe's precedent? Like you said, Jim, if they do overturn Roe, this could have an immediate impact. There are a dozen states that have post Roe trigger laws, that would mean that if Roe was overturned, abortion would be banned in those dozen states immediately. So the stakes are high.

Hundreds of protesters out here in front of the court just about a half hour away from when the arguments begin.

Guys.

HILL: Jessica Schneider with the latest for us there.

Well, as -- Jessica, thank you.

As the nation's high court prepares to hear that case, as Jessica just laid out, the future of Roe v. Wade hangs in the balance. Former Vice President Mike Pence says he thinks it's only a matter of time before it's overturned.

Take a listen.

(BEGIN VIDEO CLIP)

MIKE PENCE, FORMER U.S. VICE PRESIDENT: When the Supreme Court overturns Roe v. Wade, and I believe with all my heart that day will come, either now or in the near future, it will not come as a surprise to anyone. It will simply be the culmination of a 50-year journey whose course and destination has been driven by the will of the American people.

(END VIDEO CLIP)

HILL: Joining us now to discuss, CNN chief legal analyst Jeffrey Toobin.

So, you know, Jeff, there are two things here, right, as we look at both Roe and the Casey decisions. Two of the things that the justices mentioned in each of those were precedent, right, that they were looking to precedent in those cases, and also stressing in the opinions as it was written this real need to follow the rule of law, use constitutional measurement, acknowledging that people may have personal experiences or beliefs, but this needed to be about the law.

How do those two, do you think, hold up with the court that we see today?

JEFFREY TOOBIN, CNN CHIEF LEGAL ANALYST: Well, I think, you know, putting the -- you know, your finger on the issue of precedent is very important because the Supreme Court cares a great deal about precedent and cares that it be perceived as a body that follows precedent, except when it doesn't, and that's the problem and that's the issue in this case and so many other major cases, which is the Supreme Court has the ability to change its precedent.

Sometimes liberals like when precedents are overturned. Liberals very much appreciated it when the Supreme Court said that states could not criminalize homosexual sodomy. That overturned very specifically a decision of only about 20 years earlier. Conservatives have been trying for almost 50 years to overturn Roe v. Wade. And as we have all been pointing out, there are now six conservatives on the bench.

And it's worth remembering, just as Mike Pence, the former vice president said, you know, in one of the 2016 debates with Hillary Clinton, then private citizen Donald Trump said, if I have appointments to the Supreme Court, it will be automatic, automatically Roe v. Wade will be overturned.

[09:25:06]

And, you know, I think today is the first real chance for that, and the first real possibility. There is some chance the courts -- the court may try to uphold the law limiting abortion rights in Mississippi without saying the words that Roe v. Wade is overturned, looking for some sort of compromise. But Mississippi and many of the outside groups have said there is no middle ground here, you either have to overturn Roe v. Wade or allow abortion rights to continue. And that has been a bedrock principle of the Republican Party, overturning Roe v. Wade, at least since the election of Ronald Reagan in 1980.

HILL: So, looking at, too, what we know specifically about this law, the 5th Circuit Court of Appeals, one of the most conservative, correct me if I'm wrong there, blocked it saying that it violated, right, so it violated Roe and Supreme Court precedent. Is there anything to read into the path that this law has taken in getting to the Supreme Court?

TOOBIN: You know, I don't really think there is any -- I don't think there is much to read into it, just to answer your question.

HILL: OK. TOOBIN: I think, you know, this law is in conflict with Roe v. Wade. As you said, you know, the core principle of Roe v. Wade is that states have very limited ability to regulate abortion before viability. Viability, as you point out, is somewhere around 22 to 24 weeks. This is a law that bans abortion after 15 weeks. There is no argument that 15 weeks or 16 weeks is viability.

The core of Roe v. Wade and the Casey decision from 1992 is that the state has very different abilities to regulate abortion before and after viability. Viability has been the key determinant in abortion law for 50 years. This Mississippi law, without question, bans abortion before viability. And that's a question that the court is going to have to grapple with today. And at least three of the conservatives, I think, are very likely to uphold the law and want to overturn Roe v. Wade. That's Clarence Thomas, as you pointed out earlier, Neil Gorsuch, and Samuel Alito. The other conservatives, you have Chief Justice John Roberts, who has actually said he wants to support the precedent of Roe v. Wade, at least in some circumstances, and the two people to keep an eye on today are Brett Kavanaugh and Amy Coney Barrett, because they are -- they have not really talked about abortion since they have been appointed to the court and I think they're the most important votes to watch today.

HILL: And we will be watching. Jeffrey Toobin, appreciate it. Thank you.

TOOBIN: OK.

SCIUTTO: Coming up next, I'm going to speak to the NATO secretary- general about growing concerns Russia could mount another invasion, a full scale invasion of Ukraine. His warning for Vladimir Putin.

HILL: And just moments away now from the opening bell on Wall Street. As you can see there, three green arrows. Nice to see this morning. U.S. futures and global markets higher today following yesterday's losses. It's been a bit of a volatile week as investors try to learn more about the new omicron variant. Much like all of us.

Fed Chief Powell, Treasury Secretary Yellen appearing before the House. Investors warning that the omicron variant poses a threat to the global economic recovery. We'll keep an eye on those markets for you.

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