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White House to Lift Travel Restrictions on 8 African Countries; Omicron Spike Forces Cancellation of Hundreds of Christmas Eve Flights; CDC Shortens Isolation Time Asymptomatic Health Care Workers; Sentencing for Former Officer Kim Potter Set for February 18; Trump Asks Supreme Court to Block White House Records from January 6 Panel. Aired 9-9:30a ET

Aired December 24, 2021 - 09:00   ET

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

[09:00:12]

POPPY HARLOW, CNN ANCHOR: Good morning, everyone. I'm Poppy Harlow. Merry Christmas eve to all you've who celebrate it. Thank you for being with me.

However, it is beginning to look a little bit more like Christmas 2020 right now. COVID cases across the country are on the rise, driven by the omicron variant. And the spike is forcing airlines to cancel today hundreds of flights due to staffing shortages.

The average number of new daily infections topping 182,000. That is higher than last summer's delta surge. Washington, D.C. saw a 386 percent increase in new cases over the last week. Right here in New York, we're shattering records for new daily cases with a 34 percent increase in infections in a day.

But New York City is moving ahead for now with the New Year's Eve celebration in Times Square. There ill with be fewer people, all must be vaccinated and masked, it is important to note so far we have not seen a dramatic spike, though, thank goodness, in hospitalizations from the variant. And the data show omicron cases seem for the most part to be less severe, so hospitals are preparing for staffing shortages of their own.

The CDC has made a big change. They say healthcare workers who test positive but are asymptomatic can shorten their isolation period. Also, just in moments ago, the White House is lifting the travel restrictions on eight countries in southern Africa.

We're covering all of the travel headlines with our aviation correspondent Pete Muntean at Reagan National. Joe Johns joins us at the White House this morning.

Joe, to you first, this just came, what is the news from the Biden administration?

JOE JOHNS, CNN SENIOR WASHINGTON CORRESPONDENT: Well, you got it there. Eight African countries, you know, this travel ban went into effect on November 29th. We're told the president is expected to lift that travel ban as of 12:01 a.m. on December 31st. So what that means is people traveling here to the United States from

eight African countries, including south Africa and Botswana, now will be able to come into the country after that date.

So what has changed, authorities say, a couple of things. According to our Jeremy Diamond, the CDC says it's made progress understanding the variant and also apparently the existing vaccines work, especially for people who have gotten the booster.

So we're told that the president is expected to lift those restrictions, which were quite controversial when they went in, of course.

HARLOW: Right.

JOHNS: Expected to lift those on December 31st. That is 12:01 a.m. Back to you.

HARLOW: Joe, thanks for that reporting.

Pete, to you, I woke up to the news of the canceled flights and I thought is it going to be my family. That's what every family is thinking this morning. How many are going to be canceled?

PETE MUNTEAN, CNN AVIATION CORRESPONDENT: About 450 flights in total in the U.S. today. And airlines say it is because of the uptick in cases that has caused its ranks, staffing numbers to go down and now it had to cancel all of these flights.

These are the latest numbers from FlightAware, about 170 flight cancellations at United, 130 at Delta Air Lines. We obtained this memo last night saying this was all because of issues with its flight crews and also with its operational staff. Now, United Airlines in a statement said we have unfortunately had to cancel some flights and are notifying impacted customers in advance of coming to the airport.

It says, we're sorry for the disruption and our working hard to rebook as many people as possible and get them on their way for the holidays. This comes at a time when there are really long lines at airports across the country. This has kicked off a week ago, we see 2 million people each day for about a week. And may just be the start. The TSA says it is going to screen about another 20 million people between now and January 3rd when everyone begins coming home all at once, Poppy.

HARLOW: I hope, Pete, that they get another flights and get to be with loved ones this holiday. Thank you for the reporting. And Joe Johns too at the White House.

The CDC is changing the rules for healthcare workers who test positive for COVID-19. The CDC says those who are asymptomatic can now return to work after seven days of isolation instead of ten if they test negative.

Let's go to Elizabeth Cohen with the development.

It is interesting this is the same thing that for example delta airlines is asking the CDC to apply more broadly to them, because when you have people isolated for ten days, it means fewer days they can go to work.

[09:05:09]

ELIZABETH COHEN, CNN SENIOR MEDICAL CORRESPONDENT: That's right. If they're not sick, if they don't feel ill or if they're just mildly symptomatic, which could be the case for quite a few people, with omicron, do they really need to stay out of work? Let's take a look at what CDC is telling healthcare workers, poppy.

What they're saying is that if you're asymptomatic or just a little bit sick and getting better, you can isolate for just seven days as long as you have a negative test at the end of the seven days, down from ten to seven.

Now, what is interesting is that the CDC is giving hospitals the power to declare, we'll go with a contingency plan because things are so bad. We'll make it five days and no tests necessary for people who are asymptomatic or mildly symptomatic and improving. If things get really bad, hospitals can declare they need a crisis plan, which has no restrictions. So, really, it puts a lot of power into the hands of the hospitals to decide what kind of isolation rules they want to have -- Poppy.

HARLOW: Right, right.

You also have some new reporting on a new drug to prevent -- is it prevent or treat COVID-19?

COHEN: It is actually to prevent COVID-19. People are thinking, wait a minute. That's what the vaccines do. It is true. The vaccines do that beautifully for the vast majority of people.

But, Poppy, there are immune compromised people, you know them, I know them, there is 7 million of them in the U.S., they have cancer, had a kidney transplant or some other transplant.

The vaccines didn't always work very well for them. They found it didn't boost their antibodies. It didn't get their antibodies to levels they needed to be.

So, I want to introduce you to four of them. We interviewed more than two dozen of these folks for our story. Diane Baron (ph) lives in Florida, she has cancer, she found after three doses no detectible antibodies to COVID-19, even after three doses of the vaccine.

Diane Ellis is a kidney transplant recipient in Arkansas, three doses, no detectible antibodies. Same for Eres Bowder (ph) in Hawaii who has cancer. Candy Johnson in Virginia who has a kidney transplant. I mean, the list goes on and on.

So, this drug called Evusheld does prevent -- clinical trials shows it does prevent COVID-19 for these folks. There is a catch. The U.S. government only ordered enough for one-tenth of the 7 million people.

So, let's look at the numbers. 7 million people as I said are eligible for this drug. The U.S. government has contracted for only 700,000 doses. A source of mine in the U.S. government says they will be getting more, but right now that is all they have contracted for. One medical system in Massachusetts telling me that with the initial shipment that went out this week, they're only going to be able to treat 1 percent of their eligible patients, patients who need this drug -- Poppy.

HARLOW: It is great news to have something that works. But, again, this is a lesson in getting in front of things, right, instead of being reactive.

Let's hope they get many more doses soon. Elizabeth, great reporting. Thank you so much.

In another major development in the last 24 hours, you saw it live on the air yesterday afternoon, former police officer Kimberly Potter convicted. She will spend Christmas behind bars after being found guilty on two counts of manslaughter in the fatal shooting of 20-year- old Daunte Wright. Potter killed him in April after she claimed she mistook her gun for her Taser. She now faces up to 15 years in prison.

Adrienne Broaddus joins me now from Minneapolis.

Adrienne, you covered the whole trial, and after we heard from some of the family members. What are they telling you?

ADRIENNE BROADDUS, CNN CORRESPONDENT: Good morning to you, Poppy.

Relieved. The journey to this guilty verdict from members of the jury, who is checkered with anxiety, suspense, and at times agony. You likely remember Katie Bryant, the mother of Daunte Wright, was the first to testify. Many days she was inside of the courtroom reliving each moment as evidence was introduced, body camera video and still photos showing what happened that day.

But this morning, the family is relieved and Minnesota's attorney general Keith Ellison has a strong message for members of law enforcement, he spoke yesterday and you heard him live on our air, talk about accountability, but he also said to members of law enforcement, do not be discouraged.

(BEGIN VIDEO CLIP)

KEITH ELLISON, MINNESOTA ATTORNEY GENERAL: If a member of your profession is held accountable, it does not diminish you. In fact, it shows, it shows the whole world that those of you who enforce the law are also willing to live by it.

KATIE BRYANT, MOTHER OF DAUNTE WRIGHT: I'm still going to always stand on accountability. I think, again, justice would be Daunte being home.

[09:10:02]

Justice would be no more names being yelled on our streets, and until that happens, and we don't have to fight anymore, that's when true justice will be. But right now we're going to accept accountability.

(END VIDEO CLIP)

BROADDUS: The last person you heard from there was Katie Bryant, the mother of Daunte Wright.

I also heard from people in the community, some of the same folks who pushed for Kimberly Potter to be fired. And they described the feeling as a peaceful sadness. Yes, they're happy there was accountability. But at the same time there is still this heavy sadness surrounding the community and kind Potter's family as we move toward the Christmas holiday -- Poppy.

HARLOW: Adrienne Broaddus reporting for us in Minneapolis. Thank you, Adrienne.

Let me bring in to talk about this and look at the big picture here, retired LAPD police sergeant, Cheryl Dorsey, and Stephanie Rawlings- Blake, former mayor of Baltimore, also former defense attorney.

It's great to have you both. I think both of you were surprised at the guilty verdict on both counts. Why?

CHERYL DORSEY, AUTHOR: Well, I thought it was going to be a hung jury based on some of the questions that were coming forward from the jury and great deference is always given it a police officer's version of events. While I'm surprised, I think it was the right verdict and this will hopefully send a message to officers and give them pause when they decide to use deadly force rather than some other option that is available.

HARLOW: You remember, Mayor, what Attorney General Ellison said yesterday in that press conference following the verdict to all police officers watching, we hold you in high regard, but we also hold you to very high standards. The question remains what will the sentence be? She faced 15 year on the first degree manslaughter count, ten year on the second, I believe they will run concurrently.

Typically the state guidelines would allow for a sentence between 6 to 8 years, but prosecution is pushing for blakely factors, meaning aggravating circumstances to increase that sentence. They were successful in doing that for Derek Chauvin. Do you think they'll have success this time?

STEPHANIE RAWLINGS-BLAKE, FORMER DEFENSE ATTORNEY: I think it is going to be hard in this case. Chauvin was a different case. With Potter you had someone who had never been accused of excessive force, you know, no problems on the job. You know, the heightened sentencing guidelines I don't know if it fits.

And with respect to the AG, I feel Daunte Wright's family, this was a tragedy, but everyone involved, defense and the prosecution, says it was a tragic accident. And when the attorney general says, you know, we hold you in high regard, that really goes against what happened in the courtroom where the prosecutors called the police officers liars. So I think there is a lot to balance when you look at a sentencing and

I would not be surprised if the prosecutors gave an olive branch and did not go for very, very high sentencing.

HARLOW: Sergeant Dorsey, a lot of the messages I've been receiving from people on social media or, you know, contacts of mine, have said this may not have happened, you know, even three years ago, five years ago, that something has changed, not only the state of Minnesota, but across the country in terms of accountability. And we had a criminal defense attorney say she believed that there would have been a full acquittal of Kim Potter just a few years ago.

Do you believe that this represents more broad accountability across the country?

DORSEY: It is certainly a great first step and I think the reason that this would not have happened or is inconceivable is because we didn't want to think that police officers lie about use of force and deadly use of force and while I believe they could not convince a jury this was intentional. I'm here to tell you, it is inconceivable to think that Kim Potter looked down her arm and the barrel of her gun and she aligned her sights like we're trained and taught to do like she did for 26 years and not know she was looking down the barrel of a Glock and not a yellow plastic Taser. It is inconceivable.

HARLOW: Mayor, legal analysts and defense attorney Mark O'Mara said something interesting that caught my eye that he believes Potter's reaction seems to stem from implicit bias. And he talked about police departments needing to truly train law enforcement to rethink their perspective here.

[09:15:03]

We all heard what she testified and said, you know, this was a mistake that she had mistaken her Taser for her gun. Do you think that this is a question of insufficient training? Or better screening or also training on -- more training on implicit bias?

RAWLINGS-BLAKE: I think there needs to be more training on implicit bias. Whether she may have saw a Taser or a gun, she shouldn't had to have seen anything. She had a trainee making a stop for a stop she said she would not make, except for the trainee stopped Daunte for that air freshener.

The defense attorney said but for Daunte's resisting arrest this wouldn't have happened. But for her -- she could have said no, we don't stop people for air fresheners in this jurisdiction and she didn't. That's where the bias comes in, I believe.

HARLOW: Such an important point. Thank you, both, very, very much. Stephanie Rawlings-Blake, Cheryl Dorsey, happy holidays.

Still to come, the Supreme Court is considering wading into the insurrection investigation as former president Trump appeals to the high court to try to keep his White House documents under wraps. Plus, as you make plans to gather for the holidays, travel or maybe

hunker down, we ask doctors your most pressing questions on how to stay safe from the omicron variant.

And in the midst of the pandemic, some celebrations around the world have pressed on, including the original Christmas capital Bethlehem. You see it there. They still held that celebration, a little bit quieter than usual, but not a silent night.

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[09:20:31]

HARLOW: Former President Trump is now asking the Supreme Court to help him keep his White House documents out of the hands of the House Select Committee investigating the insurrection. Right now the court is considering if they will even take up his appeal.

Hours after Trump's request was filed, the January 6th committee asked the justices to make a decision quickly on whether or not to grant certiorari and hear the case.

Our crime and justice reporter Katelyn Polantz is following the story.

And, Katelyn, it seems that this is a stall tactic, and the president asking though the court actually a very important question and that is how far does executive privilege extend when you're out of office, and the committee wants the could court to decide soon if they're going to consider it.

KATELYN POLANTZ, CNN CRIME AND JUSTICE REPORTER: That's right. So, Poppy, there are two parts of the government that were fully on board in having these documents from the Trump White House get into the hands of the house select committee. Those were Congress, and then the Biden presidency. The Biden presidency, the White House currently was saying these documents can be turned over, they will become available to the public because of the way our national archives works.

But Trump realized this as his team was reviewing thousands of pages of documents from his White House. He sued and that put a pause on everything. So as this has gone through the court system, he's blocked the house from getting access to these documents.

Now, he is holding up everything he's doing in court, that has caused a total holdup on about 700 or more pages of documents that were key to January 6th as far as what we know about them so far. That's things like call logs, visitors schedules, about who was coming to the White House on January 6th. Notes from top officials like his chief of staff about January 6th, drafts of speeches, all kinds of crucial things the house select committee hasn't been able to see as they investigate election fraud and the insurrection and things they want to see and ask people about what is in those documents, what other people saw, what they were writing about.

And that is a really important thing to remember here. This case before the Supreme Court is about privilege, about documents. Those are some esoteric ideas. What it really is, it is about witnesses and it is about progress of the committee and how they can go. And we know the house is on a ticking clock with elections coming up in November.

HARLOW: For sure. Katelyn Polantz, great reporting. Thank you so much.

Let me bring in former FBI special agent Asha Rangappa, and Daniel Strauss, senior political correspondent at "The New Republic".

Great to have you both.

Asha, what do you think? Just to be clear, these are not Trump documents. These are the public documents, first and foremost. But the Supreme Court is never actually weighed in on executive privilege when a president is out of office. With Nixon, he was in office.

So you think the court takes it up?

ASHA RANGAPPA, CNN LEGAL & NATIONAL SECURITY ANALYST: I think it is unlikely. They shouldn't. Even if they were to take up the case, they would need to still grant an emergency injunction to prevent this particular group of documents from going to the committee. And Trump has to show that the law is clearly on his side to get this emergency stay, which he can't do because he's actually present a very novel constitutional question.

On top of that, the Supreme Court here has a very well reasoned and lengthy opinion by the appellate court which has addressed every single one of Trump's arguments and rejected every single one. So, you know, they have the legal rational that has been laid out already.

And just for the big picture, this is a situation where the executive branch and Congress are in agreement. And the dispute here is between a current and former member of congress. When the with two branches are in agreement, a court is loathe to butt in. That's what the court is asking him to do. To say he has an argument would call into question the precedent that we have one president at a time.

HARLOW: And, Daniel, to Asha's point, I mean, I think it was the 68- page opinion from the justices on the court of appeals and think it was unanimous among them. So, we'll see if the court takes it up.

If it does, how significant is this beyond what Trump wants here?

[09:25:01]

Beyond this committee? I mean, this would set quite a precedent for future administrations.

DANIEL STRAUSS, SENIOR POLITICAL CORRESPONDENT, THE NEW REPUBLIC: Yeah. And the ripple effect would be into both Democratic and Republican administrations.

HARLOW: Right.

STRAUSS: But for the committee itself, they are acting on the assumption essentially that Congress will switch hands in 2022. And that means by then, House Speaker Kevin McCarthy would dissolve the committee or defang it in a significant way. They're moving on a timetable here to release some kind of final report.

And if the appeals -- if the Supreme Court doesn't take up the appeal, that gives them way more time to produce our report. If it doesn't, it means that the committee has to move faster.

One thing we know about this committee, they're incredibly thorough and they have been finding and producing information about what happened that day. That's despite the fact that some of the most big name Trump aides refused to Cooperate with the committee. And the latest on that is that Jim Jordan, Scott Peters, both don't want to -- both have refused requests from the committee to sit down and offer information.

But I don't think that's going to stop them at all. I think now the bigger question is, you know, does the committee subpoena sitting members of Congress?

HARLOW: Asha, just one big picture question here I kept thinking about is, look, this is the Roberts court. And as much as this term may have waded into key social and political issues, guns, abortion, I do wonder given what you said about this appellate court decision if they will be hesitant to take up this case, given the politics of it all.

RANGAPPA: Well, Poppy, I think that's great consideration, but more so it is a really weak case. You know, the court is very loathe to pronounce on constitutional matters, unless it is a really pressing question that needs to be resolved. And this is really just, you know, Trump saying I know better than the current president.

I mean, that's really what his argument comes down to. And I think given that the court has traditionally really deferred to the executive branch in matters pertaining to, you know, article two power and prerogatives, this would be -- it would be very unusual for them to insert themselves in this particular factual and legal scenarios.

HARLOW: And Roberts has said over and over again, right, we are not a political court.

Daniel, final thoughts on how this plays up in terms of the other, you know, you got obviously other challenges to this committee in terms of people saying we're not going to talk to you.

STRAUSS: I mean, I think we're looking at the committee going into some murky waters, which I'm not -- I've been talking with historians on this. I'm not clear how common it is for members of Congress to be subpoenaed by committees. It is actually pretty common in our nation's history that they can -- that they're requested to testify or participate in some kind of committee like this and then refuse.

I think what we're going to see is just a lot more stonewalling by some of the most big name Trump allies. And that is not going to hinder the investigation overall. But it is going to put the country into a situation where there are members of Congress who are fighting legal battles with each other.

There is nothing that we have seen so far that has shown that any of the Trump allies or aides who have refused to comply are going to change their minds dramatically in the next few months.

HARLOW: Daniel Strauss, thank you. Asha, great to have you as well.

Well, coming up next, you probably, like all of us, have so many questions about omicron, and health and safety heading into the holiday. Doctors will answer your questions, the best masks and how to navigate holiday activities and non-boosted family members.

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