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Georgia Senate Race Heads To Key Runoff Election On December 6; CNN Projects Republican Joe Lombardo Will Win Nevada Governor's Race; Bass Takes Slight Lead Over Caruso In Latest Ballot Count; Democratic Senator Mark Kelly Speaks After CNN Projects His Reelection; Zelenskyy On Motivation To Keep Fighting; Trump Sues Jan. 6 Committee In Effort To Block Subpoena; Attorneys: Brittney Griner Begins Transfer To Russian Penal Colony. Aired 12-1p ET

Aired November 12, 2022 - 12:00   ET

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

[12:00:04]

FREDRICKA WHITFIELD, CNN HOST (on camera): All right. Hello, again, everyone. Thank you so much for joining me. I'm Fredricka Whitfield.

All right, the fight for control of Congress, well, it's down to the wire. Critical races are still undecided four days after the election.

And right now, Republicans hold a small lead in the House with votes in key states still being counted.

WHITFIELD (voice over): The path to the U.S. Senate is getting a little clearer. CNN now projects incumbent Democrat Senator Mark Kelly will hold on to his seat in Arizona, beating Republican Blake Masters.

Kelly's victory puts the U.S. Senate in a neck and necktie for control with the two parties hoping to secure a majority with just two more races left to go.

And we do expect Senator Kelly in Arizona to speak live at this hour in Phoenix. We'll bring you that when it happens.

In Nevada, a too close to call race has Republican Adam Laxalt narrowly ahead of Democratic Senator Catherine Cortez Masto by just a little less than 900 votes. That race tightening dramatically in the last 24 hours.

While in Georgia, we're still weeks away from a result as a Democratic Senator Raphael Warnock and Republican Herschel Walker face a runoff next month.

CNN's Nadia Romero joining me live now with the latest on what could be a very consequential race.

WHITFIELD (on camera): And, Nadia, it's hard to tell what's going to happen in the next four weeks. But what we just experienced, more of that. Right? At least.

NADIA ROMERO, CNN NATIONAL CORRESPONDENT (on camera): More of that, more of the same. You turn on your T.V., turn on the radio, you're still going to get all the ads you that -- you were getting before. So, no relief for people who are hoping to have a little bit of a break from all the politics in Georgia. It will rev up again.

And we do expect to see some political heavyweights and celebrities come out to really get behind either Raphael Warnock or Herschel Walker. That's what we're expecting.

And so, when you look at those numbers, look how tight that race is. What's key is that no one was able to reach that 50 percent plus one vote mark. That's why we're going to a runoff election. Those are the rules here in Georgia.

And so, some people may call the Libertarian candidate there, Chase Oliver, the spoiler in this race, perhaps, those two percent could have went to Warnock or Walker. But we'll never know.

So, now, we have to go to this runoff election. And it used to be nine weeks that you had to prepare. Now, we're down to just four weeks. So, that race will happen on December 6th. Early voting will happen just a week before. So, the week after Thanksgiving, that's when early voting starts.

If you want to request an absentee ballot, you need to do so like yesterday. Because you have to have that ballot come to you, make your decision, and mail it back all in time.

And this all happened after the 2020 election where the Republican-led legislature here in Georgia really reduced early voting. And some critics, Democrats will tell you that early voting all across the country tends to favor Democrats.

And so, they felt like that was an attack to delimit their power, to limit the impact of Democratic voters. But those are the rules. That's where we stand now. So, we have that coming up, Fred.

And the runoff elections have been criticized for many years from really having what many people would call a racist past.

WHITFIELD: All right. We'll be watching, four weeks. Four tumultuous, potentially weeks.

ROMERO: Exactly.

WHITFIELD: Nadia Romero, thank you so much.

All right. Attention now turning to Nevada, where the U.S. Senate race could ultimately decide which party takes control of the U.S. Senate.

WHITFIELD (voice over): Republican Adam Laxalt still clings to a razor thin lead over income and Democrat Catherine Cortez Masto. Here to walk us through the races, a political reporter for the Nevada Independent Tabitha Mueller. Tabitha, glad you can make it back.

All right. So, only about six percent of the vote remaining unaccounted, but less than 900 votes separating these two. Which counties are you waiting for? TABITHA MUELLER, POLITICAL REPORTER, NEVADA INDEPENDENT: So, we are still waiting for the two most populous counties, which is Clark County and Washoe County. Clark County is down south, that's where Las Vegas is. Washoe County is up in northern Nevada.

Clark County is sort of a Democratic stronghold, whereas Clark -- sorry, Clark County is the Democratic stronghold, whereas Washoe County is more of a purple county. Very swing, it'll be interesting to see how that turns.

And we're waiting on about 40,000 to 55,000 ballots right now is my estimate. So --

WHITFIELD: All right. And that's combined of those counties, right?

MUELLER: Yes.

WHITFIELD: Because in Clark County, you're talking about 24,000 mail- in ballots, which traditionally kind of favors a Democrat. Right?

MUELLER: Yes.

WHITFIELD: But, you know, should anyone be so confident these days?

MUELLER: Right. We -- I mean, time will tell. But, I mean, those mail- in ballots typically do favor Democrats, and this race is by no means decided.

We saw on Twitter, I think today that the Republican who's running Adam Laxalt, sort of said we're down to the wire, and it just really depends on how the rest of these ballots turn.

WHITFIELD: Are you hearing anything from the party leadership about these critical races and eyes, particularly, on those two counties?

[12:05:03]

MUELLER: I think that, you know, both campaigns have sort of said they are feeling confident about how this will turn for them. I think Democrats are really counting on those mail in ballots in Clark County going blue.

And with the way that we're seeing those ballots turn when they come in, it does look like Catherine Cortez Masto has been narrowing that lead continuously.

WHITFIELD: And Republicans did pick up another governor position. CNN is projecting Joe Lombardo beat out incumbent Democrat Steve Sisolak.

Lombardo, it was already a popular sheriff in Clark County. So, how was he able to use that popularity to catapult himself to the governor's seat?

MUELLER: So, I think he was able to use that popularity, in part, because he is a sheriff, very popular in Clark County. But also, he really capitalize on what was going on with the economy, drove home the issue that, you know, what happened with COVID-19 shutdowns, he wasn't happy about that, and I think really played on some of the strengths of the Republican Party in this election as he was campaigning.

WHITFIELD: All right. Tabitha Mueller, good to see you. I have a feeling we'll be talking to you again, once we know some finality out of all this.

All right, thank you.

MUELLER: All right. Thank you.

WHITFIELD: All right. Onto Los Angeles now, the high-profile race for mayor is heating up.

WHITFIELD (voice over): Democrat Karen Bass, now has a slight edge over businessman Rick Caruso in the closely watched contest. But there are still 1000s of ballots to be counted.

Let's go to Camila Bernal, who is live for us in Los Angeles, who has been following all the developments. Wow, another nail biter. What's going on with the latest count?

CAMILA BERNAL, CNN NATIONAL CORRESPONDENT (on camera): Yes, that is -- that is true. Karen Bass lightly gaining a lead.

She is up by about 4,000 votes. But still, a lot to be counted here in Los Angeles. Look, this is a race that has not been called yet. And it's between the establishment candidate Karen Bass, who is a lifelong Democrat represented Los Angeles in Congress for years now, was backed by former President Barack Obama.

She got his endorsement. She was on the shortlist for the vice- presidential pick for Joe Biden.

And then, on the other hand, you have this billionaire Rick Caruso, a real estate developer here in Los Angeles, who has dumped a lot of his own money into this campaign. He was a Republican, then an Independent, now a Democrat.

And it's part of the reason why it's been such an uphill battle for him here in Los Angeles, the second largest city in the country. He made homelessness a key issue. But frankly, both of these candidates making homelessness and crime some of their top issues in this campaign.

According to those latest numbers, Karen Bass is at 50.4 percent, while Rick Caruso is at 49.6 percent.

And so far, only 58 percent of the vote has been counted. That's just a little more than half of the votes. So, yes, we will likely be here for a long time.

We're expecting results today between 4:00 and 5:00 p.m. local time, then, we will not have anything tomorrow, and we're expecting the second update on Monday, same time between 4:00 and 5:00 p.m. local time.

So, we might be waiting a long time not just to find out who the next mayor of L.A. is going to be. But also a number of House races here in California.

We're waiting for, at least, 10 of these races to be called or projected. And according to our CNN politics team, at least nine of these races are key races. Meaning, they could help determine the balance of power in the House of Representatives.

So, we are going to be waiting for a while and the country really just watching California as they continue to count these ballots. Fred.

WHITFIELD: Oh, Californians, pack your patience. Camila Bernal, thanks so much.

BERNAL: Yes.

WHITFIELD (voice over): All right, coming up. We're live in Cambodia where President Biden is holding critical meetings with Asian leaders. He is looking to counter China's mounting influence in the region. Details about his trip, next.

Plus --

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: (INAUDIBLE).

UNIDENTIFIED FEMALE: (INAUDIBLE).

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WHITFIELD: Newly liberated residents in Kherson City celebrating in the streets after Russian troops withdraw from the Ukrainian town.

An exclusive interview with Ukraine's President Zelenskyy straight ahead.

Plus, CNN now projecting incumbent Democrat Senator Mark Kelly will hold on to his seat in Arizona, beating Republican Blake Masters.

Senator Kelly is set to speak at any moment now in Phoenix and we'll bring that to you as it happens.

(COMMERCIAL BREAK)

[12:13:43]

WHITFIELD: All right. Welcome back. Incumbent Democratic Senator Mark Kelly is speaking after CNN projects his reelection. Just listen in.

(BEGIN VIDEOTAPE)

MARK KELLY (D-AZ), SENATORIAL CANDIDATE: And I'm so honored that Arizona has entrusted me to represent our state in the United States Senate for six more years.

AMERICAN CROWD: Yes!

KELLY: And I like to thank my family, my friends, my campaign team, and the 10s of 1000s of people over the past few years, who have made phone calls, who have knocked on doors, who have chipped in a few bucks and worked late nights and early mornings. You are all the reason that we are successful.

AMERICAN CROWD: Yes.

KELLY: And I also want to thank our state's election officials. Honorable Republicans and Democrats who are doing the important work of making sure that Arizonans' votes and voices are heard, their votes are counted as quickly, and as transparently as possible.

Now, after a long election, it can be tempting to remain focused on the things that divide us.

[12:15:04]

But we've seen the consequences that come when leaders refuse to accept the truth and focus more on conspiracies of the past than solving the challenges that we face today.

And for the past two years as we face these challenges there has not been a day, not a day has gone by, where I have not remembered that I am sitting in the Senate seat of Senator John McCain.

AMERICAN CROWD: Yes.

KELLY: Senator McCain embodied everything it was to be a leader. And at a time when our state and our country remained divided, his legacy -- his legacy of building bridges and focusing on Arizona is an example of what we all should do and what we should look to.

Especially because while we face serious challenges, we also know that when we come together and focus on solutions, we can make progress.

After politicians cave time and time again to Big Pharma, we finally beat them.

UNIDENTIFIED FEMALE: Yes.

KELLY: And we're now lowering the cost of prescription drugs for seniors.

AMERICAN CROWD: Yes!

KELLY: And after politicians failed to respond to mass shooting, after horrible mass shooting, Republicans and Democrats came together and passed a gun safety and mental health law.

(END VIDEOTAPE)

WHITFIELD: All right. Senator Mark Kelly there, on his now-projected win reclaiming his seat there. Joining us from -- or he is there in Phoenix.

All right. As the election here in the U.S. continues to play out, President Biden is in Cambodia for a meeting with Asian leaders.

WHITFIELD (voice over): It's the latest stop on his week-long trip overseas.

He arrived in Cambodia after attending a climate summit in Egypt. His next stop is the high stakes G20 summit in Indonesia. And there, he will host his first face to face meeting with Chinese President Xi Jinping since taking office.

CNN senior White House correspondent Phil Mattingly is traveling with the President in Cambodia. So, Phil, I set the stage for what is at stake with the president's meeting with China's president.

PHIL MATTINGLY, CNN SENIOR WHITE HOUSE CORRESPONDENT (on camera): Yes, Fredricka. I would start with the fact that the president is certainly still keeping an eye on domestic politics back home.

Obviously, White House advisors is very pleased with a midterm that ended up much better than most analysts expected. Even some in the White House expected the president after a 2-1/2 hour dinner with East Asian leaders here at the summit in Cambodia, making phone calls to two Democratic Congressman Pat Ryan of New York and David Trone of Maryland to congratulate them on their victory.

So, no halting. And the president is keeping an eye on what's going on back home. And to some degree, that's because there is a very real carryover effect of that domestic achievement.

I think, when the White House looks at things right now, heading into this critical meeting at the G20. You have the president here in Cambodia meeting with ASEAN leaders, critical leaders when it comes to the competition that is, to some degree implicit playing out in the backdrop. But it's very real and almost visceral given the relationship or almost lack of relationship between the U.S. and China, at this moment in time.

There is a competition for some type of the power in terms of the relationships with the countries represented at the ASEAN summit. There is a relationship in the region in how the U.S. is trying to expand its influence in the region.

At a moment where China has certainly operated in a more muscular and aggressive way than they have at any point prior to now.

Now, Fred, as you know, quite well, the president and President Xi Jinping have not met in person since President Biden took office.

They met plenty (PH) when he was vice president. They've also spoken by phone five times in the lead up to this meeting. But as the relationship between the two countries has continued to spiral into a pretty low place right now, there is a recognition with U.S. officials that you speak to that this is a critical moment, not to have some big breakthrough, not to completely change the dynamics of things, but to better understand red lines, perspectives, and how this relationship can move forward in a way that doesn't result in conflict.

Whether that's possible, it remains a very open question. But White House officials make clear this is an absolute necessity, and one they hope spurs future meetings in a better place than it's been over the course of the last two years. Fred.

WHITFIELD: All right. Phil Mattingly, traveling with the president. Thanks so much.

All right. Well, before Biden's trip to Cambodia, the president made a short visit to the U.N. climate summit in Egypt. And while there, he told the world, the United States is ready to take back its leadership role on global warming.

Joining me right now is Eron Bloomgarden, he is the CEO of Emergent, a nonprofit organization dedicated to reversing global deforestation. So good to see you.

ERON BLOOMGARDEN, CHIEF EXECUTIVE OFFICER, EMERGENT: Good to see you. Thanks for having me.

WHITFIELD: So, the president says the U.S. is back as a global leader on climate change, following the passage of the Inflation Reduction Act, which included around $370 billion in clean energy incentives meant to slash the use of harmful greenhouse gases and rejoined the Paris Climate Accord.

[12:20:10]

So, do you agree that those things shows the U.S. is indeed back as a global leader on climate change?

BLOOMGARDEN: Yes, the U.S. is back. They are back participating in a meaningful way in this process, which is so critically important. This new climate negotiation need U.S. leadership and U.S. engagement.

Now, there's great intentions of the administration. There were some important announcements this -- earlier this week from the president. But he is constrained and some of this will hinge on the election -- the election results, and the makeup of Congress.

There is a desire for there to be more commitments from -- in financing commitments from the U.S. into this -- into this process. And the president can only do so much without congressional support and approval.

WHITFIELD: And as I mentioned, Biden, you know, said the U.S. has ridge, you know, has -- while it's rejoined the Paris Climate Accord, he also apologized while they're in Egypt for the U.S. pulling out of that agreement, which happened during the Trump presidency.

And I wonder, will the world embrace the U.S. as a leader in this fight against global warming?

BLOOMGARDEN: The world embraces the U.S. because they know that we need all hands on deck. This is a collective action challenge. We can't solve this challenge without the U.S. And frankly, without China.

So, this meeting coming up next week with the president of China is critically important. This is the one area where, frankly, the U.S. and China can come to common ground. So, climate change, I think, the two largest polluters in the world really need to come together.

BLOOMGARDEN: And let me just put this into perspective, we are really in the fight of our lives for climate change. It's -- we're beyond the point of small actions. We need huge actions. We have -- we have nine years left, if we continue emitting the same rate that we're emitting greenhouse gases now.

Once we reach that tipping point, we're in unchartered territory. Science tells us we can't increase global temperatures by more than 1.5 degrees. And there is a lot of things that we need -- we're going to need to do.

We're going to need to decarbonize the economy, we're going to need to change the way we move around and fly to places. We're -- but we're also going to need to protect the world's forests. And that's crucially important.

Deforestation represents 10 to 15 percent of greenhouse gas emissions.

So, without addressing that, you know, look, if all of the world's deforestation were a country, it would be the third largest emitter behind China and the U.S.

You know, look, when I was a child, I learned that planting trees were -- was a great idea. It was good for the environment. Trees, breathe in CO2 and breathe out oxygen, which is what we need to breathe.

And so, planting trees I learned was a great thing and it is a great thing to do for the environment.

But what people -- I think most people don't realize is, as a global society, we're destroying the forest. We lose -- the time we're talking now, we'll probably lose a tropical forest the size of Central Park.

These are the lungs, not only the lungs of the Earth, but they provide huge, important climate benefits. And so, when we destroy the forest, when we burn them, when we bulldoze them, they emit -- they're actually a source of pollution. And, you know, the -- a visual might be, the act of deforestation is you've got, you know, coal burning power plants sitting in Amazon jungle, emitting greenhouse gases.

So, we need to stop deforestation and then restore the world's forest.

And the good news here is that we have the technology, we know how to reverse deforestation. We don't need to design a new plant, a new battery, a new widget. All we need is the political will and financing. And that's what we're working on with the LEAF Coalition.

WHITFIELD: Well, thank you so much for joining us today. I learned that too in elementary school. It's like we need the trees in order to have clean air. So, I love that you brought that back because it is elementary. It's a real basic.

But somehow, you know, globally, I guess the world or has forgotten that. It needs all kinds of reminders to help save our planet and our air and environment. Eron Bloomgarden, thank you so much for that.

BLOOMGARDEN: Thanks so much.

[12:24:31]

WHITFIELD: We'll be right back.

(COMMERCIAL BREAK)

WHITFIELD: Ukrainian residents in Kherson City may not have water or power, but there's no shortage of euphoria after Russian troops retreated.

WHITFIELD (voice over): The city has liberated -- it was liberated, rather, Friday, after Russia withdrew its troops from the strategic southern region, returning the region's capital and surrounding areas to Ukrainians.

Ukrainian's President Zelenskyy and first lady sat down with CNN's Christiane Amanpour on her show on Thursday and discussed strategy on the battlefield and the pressure to come to the negotiating table and end to the war.

(BEGIN VIDEOTAPE)

CHRISTIANE AMANPOUR, CNN CHIEF INTERNATIONAL ANCHOR: President Zelenskyy, first lady, welcome to the program.

VOLODYMYR ZELENSKYY, PRESIDENT OF UKRAINE: Thank you so much.

AMANPOUR: Mr. President, it's been nearly nine months of this war now. Did you expect it to last this long? Do you have any idea of how long it might last?

ZELENSKYY (through translator): Thank you for the question and thank you for the meeting. You asked whether I thought this war would last so long.

[12:30:00]

No, because I didn't start this war, and I'm sure there isn't a single Ukrainian who knew what this will be and what tragedy this would bring to every home in our country. Because, I repeat, we did not start this war. But Ukrainian society united and showed that it was ready for what, unfortunately, was such a tragedy showed that it was ready for these challenges. I was really impressed by the power of one nation and was impressed by the swiftness of the response of Europe, the whole world, and the whole International Community that rallied around Ukraine for this challenge.

CHRISTIANE AMANPOUR, CNN CHIEF INTERNATIONAL ANCHOR: First Lady, what motivates you to get up in the morning? How do you feel that you have endured this war?

OLENA VOLODYMYRIVNA ZELENSKA, UKRAINIAN FIRST LADY (through translator): Well, thank you. It's a big question. It covers many spheres of my life. And what helps me get up in the morning, surely as you said, is my husband's example. I know that if he endures then I have to endure. If the day has begun, then we have to keep fighting. That keeps me going. It's not easy every day but, you know, you need to keep running. You cannot stop. As Allister (ph) said, in order to stay in place, you have to run even faster. That is why we run and I get some inspiration from the kids, from the children.

First and foremost, there are some ordinary things that every family is doing. You need to get your son ready for school. You need to make sure he has had breakfast. Well, unfortunately I don't have the assurance that my child would go to school every day because of those strikes with missiles and drones. There is a lot of work, a lot of humanitarian projects that we will continue after the war. That helps a lot.

AMANPOUR: Mr. President, I wanted to ask you how you react. And I know that you all monitor Russian casualties and Russian activity on the Ukrainian battlefield. But the Pentagon, actually, its very senior defense official said, and I'm going to quote to get it right, that "Russia has probably lost half of its main battle tanks, used up most of its precision guided weapons in this war. That 80 percent of their land force is bogged down here, is stuck here in Ukraine." Does that match your figures? And what is your answer to that?

ZELENSKYY (through translator): I think this, more or less, corresponds to reality. Although, frankly speaking, nobody knows the full reality, especially as regards personnel. Because nobody can tell you precisely how many people died. Nevertheless, we clearly understand that the artillery that was provided as assistance to us for the United States and Europe, it definitely had to break this initiative which Russia launched to us 24th of February.

And we did break this military initiative. We stopped them. We de- occupied a large part of our territory. And, this indeed, was helped by the artillery and the new technologies. We never resorted to any of the lies that the Russian Federation produces about dirty bombs or nuclear challenges, and so on.

And I'm very pleased that we're working jointly and responding quickly to that. Straight after Russia's allegations we invited the IAEA and they verified everything and said it is just another lie from Russia. So, I cannot confirm those numbers for sure. But I can say for sure that it is a stunning number, both in terms of heavy weapons and personnel.

AMANPOUR: Their loss is heavier than your losses?

ZELENSKYY (through translator): Yes, 10 times. I think so. Approximately. I can't give you the exact numbers but there's a very significant difference. Because our war tactic is not to throw people because people are most important, not to use people as cannon fodder. And that's why it is very important to us, whenever we asked our partners for artillery or armored vehicles, that it is not just about the weapons but first of all protection for our military.

AMANPOUR: Madam First Lady, you just returned from a major tech conference in Lisbon. And I think the world has noted that Ukraine has used technology in a really innovative and effective way. What was your message there and what do you want the tech world to do for this country?

ZELENSKA (through translator): Well, my message was pretty simple and I hope it was heard. The people gathered there were people who pushed technology forward. These people have an impact on which direction technology and the whole world will move in the future. So, my appeal to them is to choose a side what technology they will invent or design. Will this be a technology that kills or a technology that defends? Because we have a wonderful and vivid example, for example, Bellingcat recently conducted their latest investigation and they found a group of I.T. experts from Russia, young people aged 23, 25.

[12:35:23]

Before the war they worked in private 90 companies. And now, they're targeting missiles at our buildings. And this is a choice, a conscious choice made by people who know this technology, who have the expertise, are narrow specialists. They chose to be murderers and terrorists. So, my appeal to all those thousands of people gathered at the web summit was to make their choice from a moral and ethical standpoint as to what they will do in the future. And really the technologies help.

AMANPOUR: Mr. President, you've obviously heard there are all these articles being written. There are these foreign policy analysts who are saying isn't enough already for you? Do you -- should you go to the negotiating table? Some of these countries with economic pressures on their own who are supporting you now, are they -- are you feeling any pressure to go to the negotiation table?

ZELENSKYY (through translator): Look, they don't want this war to be finished. Now, before having any fatigue, everyone has to understand that it's only the Kremlin, and only one person, the head of the Russian Federation, who's not tired of the war. He might be tired of life, in principle because of his age but he's definitely not tired of the war. Now, this person and the Russian political and military leadership need a pause.

Believe me, they can feel it. They've begun to feel the effect of the sanctions. They have begun to feel dissatisfaction in their society. This person and all of them are afraid only of our society. These people, unfortunately, have no voice because if they weren't afraid of going to the streets, they would exert pressure. And this is what the Russian leadership is afraid of.

And then for our part, we say, please respect our principles of the U.N. charter. Please respect our territorial integrity. Please respect our people, our rights, our freedom, our land, and our choice. That's it. So, this word fatigue is a big word. You can't get fatigued. So, it's too early for all of us to get fatigued. But when Russia truly wants peace, we will definitely feel it and see it. But you know, you can't wish for peace with words alone. Words are not enough. Stop the war, withdraw from the territory, stop killing people. Start reimbursing the damages inflicted on our country. Criminals must be prosecuted. So, words are not enough.

(END VIDEOTAPE)

WHITFIELD: All right, thanks so much to our Christiane Amanpour for bringing that to us. And of course, you can see more of this exclusive interview across the weekend right here on CNN.

(COMMERCIAL BREAK)

[12:42:24]

WHITFIELD: Former President Trump's legal team has filed another lawsuit against the House Select Committee investigating the Capitol riot, this time challenging a Monday deadline to begin turning over documents with the congressional probe expected to expire in a matter of weeks if Republicans take control of the House. CNN's Katelyn Polantz joining me now from Washington. Katelyn, what are you learning?

KATELYN POLANTZ, CNN SENIOR CRIME AND JUSTICE REPORTER: Well, Fred, this really isn't just any lawsuit. This lawsuit essentially marks the end of the road for the House Select Committee in their subpoena of Donald Trump. They were trying to get him to turn over records. They were trying to get him to sit for testimony.

And here he is now formally saying both to the committee behind the scenes and now in court. He's not going to give them anything. He's not going to show up for testimony. And he even looked for documents that they wanted related to personal communications at very least. And his team says he found nothing.

So they're not getting anything. And the reason he's going to court is now he puts it in the hands of the judiciary and he's asking a judge, you determine who's right here me is the former president or the house, part of Congress, two branches of government in a total standoff. And there's just not enough time here. One of the major claims that has been unsettled, for many years in the court system, no one has ever determined whether someone who formally was subpoenaed for testimony has absolute immunity.

Donald Trump says there is nothing that the House can do to force him as a former president to show up to testify. That is a question that is unresolved in courts. He writes in his lawsuit, the subpoena seeks documents that plainly reflect presidential decision making and deliberations including but not limited to discussion with subordinate officials in the Department of Justice concerning the 2020 election and conversations with members of Congress regarding pending governmental business. So that's what he wants to protect.

As the former president, he says he's not going to share that with Congress. And there just isn't enough time for the courts to make a decision here ultimately. Fred? WHITFIELD: All right, Katelyn Polantz, thanks so much.

[12:44:31]

All right, still ahead, basketball star Brittney Griner is being moved to a Russian penal colony where she is set to serve the rest of her nine year sentence. What we know about her condition and the efforts to bring her home, next.

(COMMERCIAL BREAK)

WHITFIELD: Two-time Olympic basketball gold medalist and WNBA star Brittney Griner is being moved to a Russian penal colony to serve what's left of a nine year drug smuggling sentence. In a statement, Griner's attorney said they don't know where she is or what her condition is. Russian penal colonies are known for their lack of hygiene and access to medical care and inmates are often subjected to manual labor.

I want to bring in now Amy Bass. She is a professor of Sports Studies at Manhattanville College and the author of, "One Goal, A Coach, A Team, and the Game that Brought a Divided Town Together." Amy, it's so good to see you.

[12:50:09]

AMY BASS, SPORT STUDIES PROFESSOR, MANHATTANVILLE COLLEGE: Thanks for having me.

WHITFIELD: I mean, the whole status or of what we know the status of Brittney Griner to be in Russia, I mean it, it just hurts the heart, doesn't it? I mean, what were your thoughts when you learned of this reported now transfer to a Russian penal colony?

BASS: Well, I think that there's so many different levels on which we have to think about things. You know, the fact that there are penal colonies still on this planet, is something that's kind of hard to wrap our head around and the little that we do know of them and how horrible they are, that this story, which has had this trajectory that could have landed us here is now in such an unknown spot where she will be out of communication with her legal team, family, the State Department, et cetera as these transfers apparently can take a long time.

So we're really in I think, the scariest part of this because we just don't know anything right now.

WHITFIELD: Oh, my gosh. I mean, the U.S. State Department spokesperson Ned Price said Thursday that, you know, the United States didn't even get advance notice that Brittney Griner was being transferred to this penal colony there. Take a listen.

(BEGIN VIDEO CLIP)

NED PRICE, STATE DEPARTMENT SPOKESMAN: It has unfortunately become standard practice on the part of the Russian Federation not to inform us ahead of time when American citizen detainees are transferred from one detention center to another. That is that was the case in this instance, as well. We did not receive a heads up.

(END VIDEO CLIP)

WHITFIELD: I mean, so while officials say, you know, they're working to secure her release and worry that she is being used as a political pawn. I mean, when you snickered at that, I got it. Why?

BASS: Well, I'm the State Department has not mince words about this. They've used, you know, they've called it a sham. They've called her detainment right from the beginning, wrongful, but I think that, you know, there is a feeling of helplessness here. And this speaks volumes. Her detainment speaks volumes about what we do and don't know about international relations about different kinds of diplomatic entanglements and perhaps most of all women in sports and their status not just in the United States, but in the world.

WHITFIELD: Oh, and let's zero in on that. Because, you know, is it your feeling that Griner's case is a microcosm of how women are being treated globally? Whether it's, you know, Griner and Russia, women and girls in Afghanistan, women in Iran who were dying after protesting?

BASS: Yes, I think that one of the things that we can always say about sport is that there isn't -- there's nothing that we can't learn about, or talk about, or unpack through the lens of sports and Brittney Griner's detainment and now transfer into this penal colony is absolutely part and parcel of that in terms of thinking about protections for women, equity for women and accountability on behalf of women, not just in sport, but globally.

WHITFIELD: Amy Bass, there's so much to talk about. I mean, let's have you back because I mean, sadly, I mean, we don't we wish if there were some breaking news that, you know, soon she would be released. But just as the mystery surrounds Brittney Grinder's condition, her treatment, I mean, the inference there is that, you know, we're going to be -- we're all waiting and we're going to be waiting for some time to see whether there were some kind of breakthrough moment where we'll be able to deliver much better news. So Amy Bass thank you so much for now, I know we'll talk again.

BASS: Thanks for having me.

[12:53:36]

WHITFIELD: And we'll be right back.

(COMMERCIAL BREAK)

WHITFIELD: All right, the top 10 CNN Heroes of 2022 have been announced. And one of whom will be named the CNN Hero of the Year by our viewers. So we're reintroducing each of our top 10 as you vote in the next few weeks.

(BEGIN VIDEOTAPE) UNIDENTIFIED FEMALE: Most of these computers are ending up in landfills. Well, we have kids here, myself included back in the day who didn't even know what a computer is. We refurbish them. We install our own custom operating system that is geared towards teaching our kids self-efficacy, troubleshooting, and internet skills.

We are working with institutions, colleges, companies, even individuals. And then we bring it to the schools. All of you are going to be graphic designers today. They can go from doing a remote class with NASA to music production, video production, coding, personal branding, and so on. The thing that was really frustrating me growing up not seeing change, not seeing hope, not even seeing progress. I feel like with these kids, I can see a path, I can see a way where they can make a living online. And that is really like why we're doing this work.

(END VIDEO CLIP)

WHITFIELD: So go to CNNHeroes.com right now to vote for any of your favorite top 10 heroes.

[12:59:42]

All right, hello again, everyone. And thank you so much for joining me on Fredricka Whitfield. We begin this hour with control of Congress still up for grabs four days after Election Day. But with votes still being counted in several key states the path to a U.S. Senate majority is becoming clearer. CNN is now projecting incumbent Democrats Senator Mark Kelly holding on to his seat in Arizona fending off a fierce challenge from Republican Blake Masters.