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Supreme Court Allows Texas Abortion Law to Continue But Allows Abortion Providers to Challenge Law; New Inflation Measure Rises to Highest Level in Almost 40 Years; Appeals Court Rejects Trump's Bid to Keep Jan 6 Documents Secret; Judge Rebuffs Bannon and Limits Public Disclosure of Documents; Senator Bob Dole Honored at WWII Memorial. Aired 1:30-2p ET

Aired December 10, 2021 - 13:30   ET

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

[13:30:00]

JEFFERY TOOBIN, CNN CHIEF LEGAL ANALYST: But in much of the country, a third of the country, in the south especially. Abortion is just going to be illegal soon if the court continues in this direction.

ANA CABRERA, CNN HOST: Well, you think about broader implications still.

The fact that we're looking at the potential for what has been described as settled law to be overturned, Joan, what does that mean for other constitutionally protected rights?

JOAN BISKUPIC, CNN SUPREME COURT ANALYST: Yes, you know. This was a pretty shrewd procedural move that the Texas legislature enacted that essentially shielded state officials from lawsuits, you know, by deputizing private individuals to bring cases.

During the oral arguments on November 1st, some of the conservatives brought forth the idea that this could occur for other constitutional rights, for example, the right to carry arms.

And, you know, they seem concerned about states trying to insulate themselves from bans on perhaps, you know, handgun -- handguns, those kinds of things for down the road. But that certainly did not deter this conservative Supreme Court majority.

But this case, even though it was on a procedural matter, it really smacks of just core abortion rights issues.

And I think that we're going to get a major ruling in June right before the midterms. And this highly politicized issue is going to play into the midterms and it's going to play into court rules down the road.

I thought, Ana, that this kind of mechanism that could involve other rights would somehow make this majority hedge a little bit but not at all.

The kinds of lawsuits that are allowed through this limited ability that the caught gave abortion providers today is quite narrow and I think still throws open the door to so many other states enacting abortion laws or maybe more liberal states going after things like gun control.

CABRERA: I just want to read one more quick quote from the opinion from Justice Sotomayor, her dissent in which she writes:

"This decision effectively invites other states to refine the Texas law's model for nullifying federal rights. The court thus betrays not only the citizens of Texas but also our constitutional system of government."

Obviously, this is a conversation that is not over yet as these cases continue to work through the judicial process.

Thank you so much, Joan Biskupic and Jeffrey Toobin, as always.

BISKUPIC: Thank you.

CABRERA: Soon, a ceremony honoring the life of Senator Bob Dole will begin here at World War II Memorial. These are live images. You can see a crowd gathering there to remember him. We'll bring you some of that ceremony here on CNN.

Plus, inflation surging to a near 40-year high. Is there any relief in sight?

And former President Trump loses another attempt to shield documents from the committee investigating the January 6th capitol attack. What happens now?

(COMMERCIAL BREAK)

[13:37:50]

CABRERA: Now economic numbers out today confirm what you probably already knew, inflation is soaring.

A key measure of inflation had its biggest spike in nearly 40 years. The consumer price index jumped 6.8 percent over the past 12 months.

CNN business reporter, Matt Egan, is here to help us put this in perspective.

What's your main takeaway from this report, Matt?

MATT EGAN, CNN BUSINESS REPORTER: Well, Ana, you know, inflation is the biggest sore spot in this economy. We learned today that inflation got worse in November.

As you mentioned, 6.8 percent jump in prices from a year ago. We haven't seen anything like that since 1982.

One economist I talked to is calling that finding very grim. He said also, you know, I guess if you had to look at any kind of good news it would be the month over month prices are up by .8 percent.

That's actually a deceleration from what we've seen, but it's still very high.

What we're experiencing today is this massive collision in the economy. On the one hand, there's really, really strong demand as the economy recovers from COVID. But, on the other hand, you have all these supply chain constraints that are also COVID.

So all too often supply has not been able to keep up with demand. And that's why we've seen prices move higher.

This is a problem across the board in the economy. We're seeing food prices up by 6.1 percent, biggest gain since 2008. Gas prices up by 58 percent, biggest gain since 1980.

All of this is a fresh reminder of how everyone who thought inflation was just going to be a temporary issue has proven to be wrong. This is now six straight months of inflation topping 5 percent.

Ana, there are some positives in the economy right now. Jobless claims are at a 52-year low. And GDP is really expected to accelerate this quarter.

But all of the bright spots are being overshadowed right now by inflation.

CABRERA: Right. And it's not just food and gas prize, right? Where else are prices rising?

EGAN: That's right. I mean, if you look at core inflation, which strips out food and energy, which can be volatile, that was up by 4.9 percent from a year ago. That is the biggest gain since June 1991.

We also have this graphic that breaks down a whole wide range of items that are getting more expensive.

[13:40:02]

Tools and hardware, up by 6.9 percent. That's the most ever. Men's and boys' apparel, up by 7.8 percent, most since February of 1975.

New cars and trucks, 11 percent. That's a record. Used cars, 31 percent. That is because of the computer chip shortage.

One positive, smartphones are getting cheaper. They are down by 16 percent. That is a record, but that is very little consolation at this point.

Ana, you know, the risk is that the longer that this goes on, you know, kind of the more embedded it becomes in psychology. It starts changing the way people behave, right?

Consumers might speed up their purchases because they are worried about higher prices. People may demand even higher wages. So it kind of becomes a self-fulfilling prophecy.

So we do have to hope that the prices will eventually cool off, because we know that they are hurting everyday Americans right now. CABRERA: So what can be done? What can the Fed do, what can the White

House do to try to tamp down inflation and calm those concerns about the rising prices?

EGAN: Well, that's a great question. We have to remember that inflation is the purview of the Federal Reserve, even though it's certainly weighing on the president's poll numbers. Price stability is what the Fed is there for.

And the good news is that the Fed knows what to do here. They can tap on the brakes of the economy by raising interest rates and unwinding their stimulus programs.

I think the bad news is that the faster or the harder they have to hit on the brakes, the greater the chance that there's an accident, either in financial markets or in the economy.

So they want to try to unwind all of these programs gradually, but it's going to -- you know, it's going to take some time.

CABRERA: Yes.

EGAN: From the White House's perspective, much of this is about supply chains. They are focusing on that right now. We're starting to see some improvements.

And if supply chains do really improve, that's going to take some pressure off inflation. But, Ana, that is also going to take some time to play out.

CABRERA: It's a delicate dance.

Matt Egan, thank you.

The clock is ticking for former President Trump after losing another legal fight to keep his White House records secret from the House committee investigating the January 6th attack on the capitol.

A federal appeals court has now ruled against Trump, but paused the release of those documents 14 days, so Trump can ask the Supreme Court to review the case.

The appeals court, in its unanimous ruling, writes, quote:

"Former President Trump has given this court no legal reason to cast aside President Biden's assessment of the executive branch interests at stake or to create a separation-of-powers conflict that the political branches have avoided."

I want to bring in CNN senior legal affairs correspondent, Paula Reid, now.

Paula, what happens next?

PAULA REID, CNN SENIOR LEGAL CORRESPONDENT: Well, Ana, he has two weeks to appeal this to the Supreme Court. And the president's spokeswoman has signaled he does intend to do that.

But this is second time that he's lost on this issue. The former president has argued that as part of executive privilege, he has the right to protect his White House records and keep them from lawmakers investigating January 6th.

The lower court held and now the appeals court has affirmed that the power to protect these documents lies with the current president, President Biden.

And as we've seen, he has not asserted any privilege over Trump's White House records. He said, look, this kind of material, this is not what privilege is meant to protect.

He cites the extraordinary events of January 6th and says he wants lawmakers to have access to these documents. And the courts have agreed.

Now, there's also some other information in this ruling that's bad news not only for former President Trump but also for Mark Meadows.

Once again, Ana, the court is affirming that the January 6th committee has a legitimate legislative purpose. It has power to investigate January 6th.

That's an argument that the former president has made, Mark Meadows has made, that they don't actually have the power to conduct this investigation, an argument that has now been rejected twice.

It's unclear if the Supreme Court would take up this case once it is appealed. But there are some really unique constitutional questions here that they may be interested in.

But if they do take it up, that would likely delay the handing over potentially of these records if they allow it. That's not so great for the committee. We'll see what happened.

CABRERA: Paula, let's talk about a separate but related case. The judge presiding over Steve Bannon's contempt proceedings issued a protective order a short time ago. Tell us about that.

REID: That's right. We know Steve Bannon has been charged with criminal contempt of Congress. He's expected to go to trial on that over summer.

And during the process leading up to the trial, he has argued -- he and his attorneys have argued any documents, any materials that are uncovered during discovery should be made public.

But the government argued, no, he's trying to try this in the court of public opinion. These should not be made public.

Now, CNN was one of several media organizations that supported Bannon's argument that, of course, we want these documents to be public, right? Ana, we want to know everything. We want to get all of the details. But, unfortunately, the judge, he has -- the judge in this case has sided with the government, and there will be a protective order over this.

[13:45:04]

But again, a trial over the summer. We may actually get to see or hear about some of these materials.

CABRERA: Paula Reid, thank you.

Let's continue this conversation with Harry Litman. He's a former U.S. attorney and a former deputy assistant attorney general.

Harry, every expectation is that Trump will appeal to the Supreme Court on this. Before we talk about what the Supreme Court might do related to these National Archives, what stands out to you about the appellate court ruling?

HARRY LITMAN, CNN CONTRIBUTOR: Well, it was really momentous, I would say. It wasn't just simply that it completely rejected his view, but it had, if you will, the music as well as the words.

It says, "Blood was lost. Blood was shed and lives were lost. This is a big constitutional moment."

It described the January 6th events in vivid and sometimes violent detail. So it really, I think, portrayed itself as something of an opinion for the ages. That was one.

Second is that it portrayed Trump as a complete outsider, any ordinary citizen, no extra rights.

And then, third, it really talked about the kind of separation of powers import. That Biden and Congress have worked this out.

And it isn't for the court, much less an interloper, which is what Donald Trump effectively is right now, to upset the apple cart.

CABRERA: But this would go before a conservative Supreme Court. What do you think the justices will do with this?

LITMAN: Right. It would. And just, process-wise, Ana, he'll have two weeks and then there will be 30 days for the House to respond. And then in the normal business it were take about 30 days or so until the court decides.

Everyone seems to think it's a foregone conclusion that the court will take it. I don't.

First, the -- I'm not saying that they won't. But I think that people are way over handicapping the possibility.

First, the decision is right, and it's right from a conservative point of view. We do only have one president at a time. It is Biden. There's no reason for the court to reach down and disturb that. Second, they will be very conscious of the time, as the other two

courts, to date, have been.

And they will know, if they accept review, it basically foils the committee's efforts to try to get the testimony in time. They will be aware of that as well.

Now there are some questions that haven't been settled at the Supreme Court level. They certainly could take it. But it takes four votes, four votes to decide to take the case.

As I handicap it in a sort of nerdy insider Supreme Court way, I count to three pretty easily. But I'm not sure of the fourth.

So at least all these people who are betting for sure they will take it, I will take their bets because I think it's more of a tossup.

CABRERA: So if they reject it --

LITMAN: Yes.

CABRERA: -- then could we see those documents go to the House, how soon?

LITMAN: That's right. First, it's all over and not just for Trump and his documents but Mark Meadows, as Paula says, has been trying to ply the same argument. So has Bannon in the case you talked about.

CABRERA: Yes Exactly.

LITMAN: So that means it's the law for that whole circuit that there is no privilege.

How soon would we see them? Really soon? As soon as the Supreme Court denies review, were that to happen, a matter of, you know, 72 hours until it's executed and documents arrive in crates at the House.

CABRERA: And just to confirm that I'm understanding what you said --

LITMAN: Yes.

CABRERA: -- if they reject Trump's argument, the Supreme Court, that would be the last word on the National Archives case.

But it would also have implications on the other cases, like Bannon's and Meadows', in which they put executive privilege at the core of their claim to reject the subpoena or not comply with the subpoena.

LITMAN: Exactly. Huge implications generally for the country. But even huger within this court where Bannon and Meadows are trying to argue.

Within that court, it would be established that there is no privilege claim here.

So anyone who says so, anyone who tells Congress, I'm not going to do it, that's -- that starts to look like criminal contempt because the law is so clearly otherwise.

Anyone who goes before a district court and says, as Meadows did two days ago, there's -- there's privilege here, would be completely dismissed.

It really would settle the matter within the court that matters the most.

CABRERA: Congress is expected to proceed with contempt proceedings against Meadows on Monday.

LITMAN: Yes.

[13:49:59]

CABRERA: What are the chances, he eventually talks to the committee? And just how important is his testimony, given all of the documents, texts, emails by the thousands that he's apparently already provided?

LITMAN: Second question first. He's provided a lot, but 6,000 pages of emails, but they're really pretty tame. And he specifically withheld some phone conversations and records.

Basically, Ana, at this point, all of the people who could really directly have spoken with the president, say what he knew, what he said, and when he did it, they have all, to date, rebuffed the committee.

So he is probably the single most important witness were he to fully cooperate. Because he is at Trump's shoulder. He's a shadow guy trying to execute the policies that Trump wants and listening to him.

So it matters --

(CROSSTALK)

CABRERA: -- he has withheld -- sorry to interrupt.

But he withheld some documents that he claims are covered by this privilege.

LITMAN: That's right.

CABRERA: But the fact of the matter is, some of what he has turned over, we just learned in the last 24 hours, were pretty damning.

I have to leave it there, Harry.

We are going live to Tom Hanks speaking at the World War II Memorial honoring Bob Dole.

TOM HANKS, ACTOR: -- answer the question.

The Pacific Ocean and the Atlantic Ocean, the two theaters of conflict. Forty-eight states at the time and every American territory, totally now 50 states, and still a born part of America. To appreciate the life and the accomplishments of Bob Dole, simply

look around at where we have gathered today at this national memorial to the Americans who gave their lives for the common good, and the common cause of saving the world from tyrants.

When Bob Dole fulfilled his duty in that war, which burned up half of the world, the cost he paid was a hard one for him to bear. He lost the use of a limb and part of his once-strong shoulders on a cold mountain side in Italy to an enemy that was trying to kill him. They failed.

To recover, Bob Dole lay in a hard plaster body cast for 39 months, roughly 1,170 days, aided by all those who cared for the wounded veterans of that war.

He worked himself through the long, hard sessions of physical toil just to be able to go about the routine motions of an average day. And yet, he was never able again to button his shirt or sign his name as he had.

He saluted and he made your acquaintance with his left hand.

The folks from Russell, Kansas, they knew Bob Dole. And they knew the price he had paid. And they came forward to aid his recovery.

Their nickels and dimes, the hard-earned dollars they volunteered to do without, were collected in cigar boxes and made possible the rest of Bob Dole's life of service.

Who could ever forget such largesse, such support, such a loving effort to ease the hard work of a son of Kansas who had once been, yes, the best looking senior at Russell High School?

Bob Dole never forgot them. Never. And if he was here today, the mention of those coins in a cigar box would reduce him to tears.

There are many great lessons to take away from Bob Dole's life.

Go to the other guy's office so you could decide when the meeting is over and get up and walk out.

Speak straight, even when it gets you in trouble, because it will. But at least everyone will know how you stand and what you stand for.

And always plan, not just to win, but win big. Yes, you may try and fail, but you will not fail to try.

[13:55:01]

And always, always remember how many structures in this city exist but for the efforts of one man. The National World War II Memorial was built over two White House administrations with the contributions of Americans life you.

But it was Bob Dole who willed this memorial into place. He pushed the idea. He corralled the votes. He made the phone calls. He enlisted allies, all of us in the cause, and he raised the money.

He did all but mix the concrete himself, which he may have done had he had the use of that right arm.

This memorial stands in this rightful site because Bob Dole remembered. He remembered the nearly half a million souls who, unlike him, never came home from the Second World War. He remembered the years of service the surviving Americans had invested.

Yet, this memorial was not built only for the generation it honors, any more than it was erected to crow of their victory.

Bob Dole called this a memorial to peace so that all generations would remember that peace is achieved in shared labor, by shared sacrifice, by volunteering for the shared duty if peace is to be won and if we Americans are to continue our pursuit of a more perfect nation if an imperfect world.

Now there are other great Americans who are remembered by memorials on this wide, long patch of green here in our capitol. Places that hold the essence of their honor and their ethos, of their character and their efforts.

Places where we feel a part of them, of all that they did and all that they tried to do, a bit of their presence when we visit.

Bob Dole came to this plaza often to remember, to talk with veterans like himself, and to their posterity, by greeting them with a shake of his left hand.

The memory and conscience of the man himself will always be here, right here for as long as there's an America. And that is a good thing, because here we will always remember Bob Dole.

(APPLAUSE)

UNIDENTIFIED FEMALE: Senator Dole rose to the rank of captain during his time in uniform. And nearly 75 years later, was conferred the honorary rank of colonel at this very memorial by our next speaker, the 20th chairman of the Joint Chiefs of Staff.

I'm honored to introduce General Mark Milley.

(APPLAUSE)

GEN. MARK MILLEY, CHAIRMAN, U.S. JOINT CHIEFS OF STAFF: Thank you, Savannah and Tom, for those kind words.

And, Senator Elizabeth, I think Senator Bob probably heard you when you said, "Let there be sun." So there you go. Perfect timing. He heard your prayer.

I want to welcome everyone here. And I particularly want to welcome anyone who served in the Second World War.

Are there any World War II veterans here today? (APPLAUSE)

MILLEY: I am incredibly humbled to have the honor to speak here today as the son of a mother who served in World War II and took care of the wounded from the Pacific and a father who served with the 4th Marine Division and hit the beach in Saipan and Iwo Jima.

And like Senator Bob, they've passed on but it truly is a remarkable generation.

[13:59:49]

And today is a solemn day for our nation, as we collectively mourn, but more importantly, we celebrate the life of Senator Bob Dole. An incredible example of a lifetime of selfless service to our nation.