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Court Halts Special Master Review, Major Blow to Trump; Georgia Heads Into Final Early Voting Day with Over 1 Million Votes Cast; Congress Narrowly Averts Crippling U.S. Rail Strike; Biden Hosts Macron at First State Dinner of His Presidency; U.K. Royals' U.S. Trip Overshadowed by Racism Row. Aired 4-4:30a ET

Aired December 02, 2022 - 04:00   ET

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

[04:00:00]

BIANCA NOBILO, CNN ANCHOR: Hello and a warm welcome to our viewers joining us in the United States and all around the world. I'm Bianca Nobilo live from London. Max Foster is still on assignment with the royals in Boston but he'll be back next week. Just ahead on CNN NEWSROOM.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: An appeals court halting the special master review of documents seized from Mar-a-Lago. This decision is a huge blow to the Trump team and frankly a big win for the Justice Department.

JOE BIDEN, PRESIDENT OF THE UNITED STATES: Viva la France and God bless America.

BIDEN: France is one of our strongest partners and the most capable allies.

UNIDENTIFIED FEMALE: We asked police if they have found this potential fifth roommate, questioned them and cleared them as a suspect. All they could tell us is that they continue to investigate anyone who potentially has information about this case.

(END VIDEO CLIP)

ANNOUNCER: Live from London, this is CNN NEWSROOM with Max Foster and Bianca Nobilo.

NOBILO: It's Friday, December 2nd, 9 a.m. here in London, 4 a.m. in Washington where U.S. Federal Appeals Court has dealt a major blow to Donald Trump in the case of those documents seized from Mar-a-Lago. The three-judge panel has halted a review of the materials by independent arbiter called a special master. Trump has seven days to appeal. A source tells CNN the former president's legal team is weighing its options. FBI agents seized 33 boxes from the Florida estate in August. They include classified materials including some marked top secret. CNN's Sara Murray has more.

(BEGIN VIDEOTAPE)

SARA MURRAY, CNN POLITICAL CORRESPONDENT: An appeals court halting the special master review of documents seized from Mar-a-Lago. This decision is a huge blow to the Trump team and frankly a big win for the Justice Department.

This three-judge panel made up of three Republican appointed judges, ruling that the special master should not be involved in this case. Here is a part of what they say in this ruling.

The law is clear, we cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so.

So, the appeals court making very clear they do not believe there should be some kind of special carve out for former President Donald Trump simply because he is a former president. Practically this could mean the Justice Department gets these documents. These are not the documents that were marked classified but this is the whole mess of other documents that were seized from Mar-a-Lago sooner than they would have otherwise. But of course, the X factor is if Trump's team will appeal. They could potentially take this to the Supreme Court.

Sara Murray, CNN, Washington.

(END VIDEOTAPE)

FOSTER: Today is the final day for early voting in Georgia's runoff election for the last remaining undecided seat in the U.S. Senate. And already the state has seen a large voter turnout. Officials report more than 1.4 million votes have been cast. Today is the last chance to vote early in person with election day on Tuesday.

Incumbent U.S. Senator Democrat Raphael Warnock earned more votes than his challenger Republican Herschel Walker in November's mid-term election but Warnock finished just shy of the 50 percent that's needed to win. Now both campaigns are making their closing pitch to voters. CNN's Dianne Gallagher has more now live from Georgia.

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DIANNE GALLAGHER, CNN U.S. NATIONAL CORRESPONDENT: Republican Herschel Walker closing out the night before the final day of early voting here in Georgia telling his supporters that they must get out and vote. Noting if they don't vote on Friday, they need to make a plan to vote on Tuesday. He was joined by several Republican surrogates, including the almost ever present Senator Lindsey Graham. Mike Pompeo, Trump's Secretary of State was unable to make his scheduled stop because of a family emergency according to the campaign.

Now look, a much different scene here than Democrats experienced in Atlanta with former President Barack Obama who once again came down to the Peach State to try and rally voters to support Democrat incumbent Senator Raphael Warnock. Obama also came just before the general election. Now look, it is no secret that Lindsey Graham maybe not the same kind

of crowd getter than former President Barack Obama is. And there has been a tale of two campaigns in this runoff period. It's abbreviated, shortened in just four weeks.

[04:05:00]

We have seen an aggressive schedule with very high profile surrogates from the Warnock campaign.

The Walker campaign with a much lighter campaign schedule, usually one or two stops a day. Even had no public events for a five-day stretch, and again, just a four-week runoff period. Also, those big-name surrogates like say former President Donald Trump not coming to campaign in person though we are told he will hold a tele rally before election day.

Now look, more than a million voters have come out in Georgia already during the early voting period. It does end on Friday. Voting rights groups say they expect to see very long lines on Friday as people try and get to that last day of early voting. Democrats outspending Republicans on the air waves too, more than $77 million total spent. The Democrats spending more than Republicans two to one there to give you an example of just how much more aggressive Democrats are in the spending. The candidate himself, Raphael Warnock, has spent more at 24.8 million than all of the GOP spending combined.

Dianne Gallagher, CNN, back to you.

(END VIDEOTAPE)

NOBILO: Dianne there for us with a great sound track.

Former U.S. first lady Michelle Obama is trying to rally Warnock supporters in the final stretch before election day. Not directly on the campaign trail though but in a pair of Robo calls where she urged voters to get behind the incumbent.

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MICHELLE OBAMA, FORMER FIRST LADY: Hey there, this is Michelle Obama and I'm calling to make sure you have a plan to vote for Reverend Raphael Warnock. This election is going to be very close and there are a lot of folks on the other side hoping you stay home, but we need you to get out and vote one more time for Raphael Warnock.

(END VIDEO CLIP)

NOBILO: And Georgia's runoff between Democratic Senator Raphael Warnock and Republican Herschel Walker is four days away. CNN's special coverage is set to start at 4 p.m. Eastern next Tuesday for you.

President Biden is proposing a shakeup in the Democratic primaries in 2024. He says he wants to eliminate caucuses altogether and increase racial and geographical diversity among early voters. His plan calls for South Carolina to hold the first primary of the season on February 6th. Nevada and New Hampshire would follow a week later. Biden wants Georgia's primary moved up to February 20th and Michigan on February 27th.

Wall Street will be looking for signs that inflation in the U.S. is finally under control when the markets open later this morning. Stocks closed mixed on Thursday after Wednesday's big rally. The Dow shed nearly 200 points following weak data in the manufacturing sector. But that picture could change dramatically in a few hours when the U.S. releases its November jobs report. If too many workers were added to the economy investors fear it could lead to another round of aggressive rate hikes by the U.S. Federal Reserve.

Quick look at the U.S. futures right now. They're all currently down.

With only days to spare, the U.S. Congress has narrowly averted a crippling railroad strike that could have severely damaged the U.S. economy just before the holidays.

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UNIDENTIFIED MALE: The joint resolution is passed. Without objection ...

(END VIDEO CLIP)

NOBILO: Getting the legislation over the finish line, took days of intense White House negotiations. And it's still missing one of the core demands that rail workers have threatened to strike over. We get those details now from CNN's Manu Raju.

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MANU RAJU, CNN CHIEF CONGRESSIONAL CORRESPONDENT (voice-over): The Senate averting a devastating blow to the U.S. economy, voting to prevent a railway strike after a tense week of negotiations.

SEN. ELIZABETH WARREN (D-MA): On one hand, we don't want to shut down the economy. On the other, we don't want to say to rail workers, if you have a heart attack or you break your leg, you either show up to work or you're going to lose your job.

RAJU (voice-over): Lawmakers recognizing that a strike could have disrupted food supplies and intensified sky high inflation and send the economy reeling.

RAJU: Do you have concerns about Congress intervening here?

SEN. BILL CASSIDY (R-LA): Of course. There are also concerns about a rail shutdown. So, that's what I'm considering.

RAJU (voice-over): The tentative deal, now enforced by Congress, was brokered by the Biden administration, major railways and eight of 12 labor unions. But that plan lacks paid sick leave for workers. So, progressives on Capitol Hill are demanded that the Senate guarantee at least seven days for rail workers. SEN. BERNIE SANDERS (I-VT): It would be an absolute outrage if these workers were out there at least seven days basic leave.

SEN. SHERROD BROWN (D-OH): So, this is a small number of dollars for their bottom line to take care of their workers the way that they should.

RAJU (voice-over): President Biden defended the deal with the White House today when questioned on paid sick leave.

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BIDEN: What I made it very clear is, that -- what was negotiated was so much better than anything they ever had.

RAJU (voice-over): But the amendment to mandate paid sick leave fell eight vote shy of the 60 needed for passage, amid opposition for most Republicans, who say that Congress should not dictate the terms of the negotiations. Moderate Democrat Joe Manchin agreed.

SEN. JOE MANCHIN (D-WV): There's concern about us jumping into that, when you have eight unions that have agreed to the package that they negotiated with the Department of Labor and with the president. I'm very reluctant on the other for us to jump in and set a precedent.

RAJU (voice-over): Behind the scenes, the lobbying campaign intensified. Labor Secretary Marty Walsh and Transportation Secretary Pete Buttigieg joining a private lunch of Senate Democrats and demanding action.

SEN. CHUCK SCHUMER (D-NY): The Senate cannot leave until we get the job done.

RAJU (voice-over): While Republicans have been skeptical, the plan winning the support of Senate GOP leader Mitch McConnell, even as the top House Republican Kevin McCarthy opposed the deal when it passed the House on Wednesday.

SEN. JOSH HAWLEY (R-MO): The whole law interferes with the negotiation.

RAJU: Now the Senate vote was ultimately a bipartisan one, 80-15 was the vote in the Senate to approve this bill. Meaning that just 15 people voted against it. There were 10 Republicans who voted no, there were 5 Democrats who voted no. One Republican, Rand Paul, voted present.

But this coming after a bipartisan showing in the House but a majority of House Republicans voted against the plan. There was a split, too. Mitch McConnell, the Republican leader in the Senate, voted for it, Kevin McCarthy, the Republican leader in the house, voted against it. But despite the back and forth and the consternation within each caucus, they got the bill through on a bipartisan basis and now this agreement will be enforced.

Manu Raju, CNN, Capitol Hill. (END VIDEOTAPE)

NOBILO: The U.S. Supreme Court says Mr. Biden's student loan debt forgiveness plan is blocked for now. But the court would hear arguments in February. The president announced the plan in August following through on a popular campaign promise. The program provides up to $20,000 worth of debt relief to millions of Americans but it seems stuck in the courts.

The Biden administration notify people saying, quote, unfortunately a number of lawsuits have been filed challenging the program which has blocked our ability to discharge the debt at present.

The Supreme Court's decision is expected by June. In the meantime, the administration has paused payments and interest in order to help borrowers.

More on the economy now as a key indicator shows signs that inflation is easing. It's called the PCE index and it measures how much U.S. consumers are spending for goods and services. It rose 6 percent in October compared to last year. That's slower than the 6.3 percent rise in September and gasoline prices are now lower in the U.S. than they were on February 24th, the day Russia invaded Ukraine. The average price for a gallon of regular unleaded on Thursday was $3.47.

The U.S. and France look to reset their longstanding relationship after turmoil and uncertainty in the Trump presidency. Just ahead, we'll tell you what the leaders of the two countries accomplished in their time together.

And later, police in Idaho are trying to set the record straight about their investigation into last month's killing of four students after a series of contradictory statements.

Plus, the U.S. West Coast is bundling up with millions under winter weather alert. We'll have the latest forecast -- Derek.

DEREK VAN DAM, CNN METEOROLOGIST: Good morning, Bianca. Two storms, actually, delivering the feet of snow over the Western U.S. but that is not the only threat that we're concerned about. I'll highlight all the details plus, the forecast coming up after the break. Stick around.

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(BEGIN VIDEO CLIP)

BIDEN: Please join me in raising our glasses, which neither one of us have -- there you go. To raising our glasses to President Macron and his wife Brigitte, to France, ladies and gentlemen, to the history that binds us and the values that still unites us and the future we're going to forge together. Viva la France and God bless America.

(END VIDEO CLIP) FOSTER: U.S. President Joe Biden there hosting French President Emmanuel Macron at the White House state dinner last night. There hasn't been a state dinner at the White House since before the pandemic. The gala event wrapped up a whirlwind visit by the French leader who traveled to New Orleans today before returning to Paris.

A-list celebrities and some of Washington's biggest influencers were among the hundreds of guests. But before the champagne, dessert and planned entertainment, the two leaders had many serious issues to discuss. CNN's Phil Mattingly has those details.

(BEGIN VIDEOTAPE)

PHIL MATTINGLY, CNN CHIEF WHITE HOUSE CORRESPONDENT (voice over): On a day carefully calibrated to elevate a critical alliance --

BIDEN: Mr. Putin is -- let me choose my words very carefully.

MATTINGLY (voice-over): -- President Biden, signaling a willingness to open a line of communication with Russian President Vladimir Putin.

BIDEN: I'm prepared to speak with Mr. Putin if in fact, there is an interest in him to decide and he is looking for a way to end the war.

MATTINGLY (voice-over): With clear preconditions.

BIDEN: He hasn't done that yet. If that's the case, in consultation with my French and my NATO friends, I'll be happy to sit down with Putin to see what he has in mind. He hasn't done that yet.

MATTINGLY (voice-over): The brutal war in Ukraine now in its ninth month at the center of a three-hour sit down with French President Emmanuel Macron, after which Macron was explicit in his commitment not to circumvent Ukraine in any peace talks.

EMMANUEL MACRON, FRENCH PRESIDENT: We will never urge the Ukrainians to make a compromise which will not be acceptable for them.

MATTINGLY (voice-over): Biden's first state visit underscore the value and durability White House officials see in the relationship with America's longest running ally, with two leaders going to great lengths to demonstrate their unity and iron out clear-cut differences.

BIDEN: And I make no apologies.

MATTINGLY (voice-over): Biden moving to clearly address French concerns with sweeping subsidies included in his cornerstone economic and climate legislation.

[04:20:00]

BIDEN: But there are occasions when you write a massive piece of legislation, and that has almost $368 billion for the largest investment in climate change on all of history. And so, there's obviously going to be glitches in it.

MATTINGLY (voice-over): And providing assurances that issue would be addressed.

BIDEN: I'm confident, that's my answer.

MATTINGLY (voice-over): For Macron, a day and a dinner underscoring a White House view of a relationship that has only grown in its importance in Biden's first two years, one driven, officials say, by a genuine personal connection.

BIDEN: I begin to refer to him privately as my closer.

MATTINGLY (voice-over): A connection that has been critical in a moment when geopolitical threats have rattled alliances worldwide.

BIDEN: France is one of our strongest partners and historically, but one of our strongest partners and our most capable allies. And Emmanuel has also become a friend in addition to being president of that great country.

MATTINGLY: While there's no question the three-hour sit down between the two presidents and their top advisers was packed with substance extraordinarily consequential given everything that's going on in the world. The real capstone of any state visit -- certainly the state visit is the glitz and glamor of the dinner. President Biden holding that first state visit, that first state dinner, rolling out a quite literally red carpet for French President Macron and his wife Brigette, welcoming a couple hundred guests out to the South Lawn in heated tents. Really underscoring a relationship that has developed in only gotten stronger over the course of the last two years.

It's something that's been on display for the entirety of President Macron's time at the White House over the course of the day. Something White House officials make clear they're very happy in the wake of COVID, the pandemic, all of the issues they've dealt in the first two years, to finally be able to entertain and of course, in a bigger way to entertain in a state visit.

Phil Mattingly, CNN, the White House.

(END VIDEOTAPE)

NOBILO: Today marks the last day of Britain's Prince and Princess of Wales first U.S. trip since the death of Queen Elizabeth. In the coming hours royal couple will meet with President Biden and Prince William will present the second annual Earthshot environmental award. But their trip has been overshadowed by disturbing allegations of racism at Buckingham Palace.

For more and that Scott McLean joins me now live. So, what do we know about this meeting with the president and to what extent is it all being over shadowed by this controversy where we are?

SCOTT MCLEAN, CNN CORRESPONDENT: Yes, so we're expecting that meeting to take place later this afternoon Eastern time and normally we would be talking all about the Prince and Princess of Wales meeting with the U.S. President Joe Biden. We would be talking about the Earthshot awards, this initiative that William and Kate helped to found last year last year which gives cash prizes to help to try encourage solutions to the climate crisis.

But now we're talking about an entirely different crisis. This crisis taking place at Buckingham Palace. These allegations of racism made against an 83-year-old woman who is Prince William's God mother. And now it is not just that. It's a three day tour and right smack dab in the middle of it yesterday, day two, we had the release of Harry and Meghan, the Duke and Duchess of Sussex's Netflix docuseries trailer.

It's less than 60 seconds long but in that space and with very little dialogue it makes abundantly clear that it is going to cause huge headaches for the royal family. So, in that trailer you see pictures of Harry and Meghan, some of them they are looking quite upset, quite anguished, maybe even in tears. And you have Harry talking about the need to protect his family and Meghan saying, when the stakes are this high, doesn't it make more sense to hear our story from us?

Of course, we've heard part of this story already when Harry and Meghan gave that explosive interview to Oprah Winfrey last year. And Meghan made the claim that within the royal family there had had been, quote, concerns and conversations about how dark her son's skin might be when he's born.

Now Buckingham Palace obviously has been keen to try to move past this latest racism allegation and try to keep the focus on the trip taking place in Boston right now. But last night on CNN, Ngozi Fulani is the head of this charity making these allegations. She made quite clear that she doesn't want to see this just swept under the rug. Listen.

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NGOZI FULANI, DOMESTIC AND SEXUAL VIOLENCE ADVISOR, SISTAH SPACE: It isn't enough for this lady to be able to walk off into the sunset. And you know, OK, let's put it behind us. There are some issues. There is a problem here that we need to address and as uncomfortable as it is for the monarchy, what about those of us who have had to endure this?

(END VIDEO CLIP)

MCLEAN: So, in its statement following the allegations Buckingham Palace had said that the individual concerned would like to express her profound apologies for hurt caused though. Fulani makes it clear in that interview that she has not heard from William's God mother directly.

NOBILO: Scott McLean, thank you so much.

MCLEAN: You bet.

[04:25:00]

NOBILO: What's called a meteorological start to winter is here in the Northern Hemisphere and it's packing a punch for the Western U.S. More than 6.5 million people across nine U.S. states including residents of Seattle and Salt Lake City are under winter weather alerts as storms sweep through the region. They're bringing more than 2 feet of snow and will make traveling through the Sierra passes very difficult, maybe even impossible. For more, I'm joined by CNN meteorologist Derek Van Dam. Derek, I've bundled up for the event to hear all about the winter weather so tell us more.

VAN DAM: Well, thanks for reminding me about the meteorological winter. It's a day many people are probably not too excited to see, right. But for a skier and snowboarder like myself, we want to see the snow piling up over the Western U.S. and it is going to do that this weekend. In fact, this is not a typo. Got to point this out. 1 to 3 feet of snow. This is the Sierra Nevada mountain range across central and southern California -- central and northern California, I should say.

Elsewhere, we have anywhere from a foot to a foot and 1/2 of snow across the central Rockies. This is thanks to two separate winter storms coinciding perfectly with the meteorological start to winter. So, here's the first one. Moving through the Great Basin as we speak. So, the Rockies into Colorado as well as Utah is getting hammered with snow right now.

Coming to an end quickly across Southern California and then will get a brief lull in the activity before late tonight and into the day on Saturday. It picks up in intensity. This is the secondary storm system that's going to bring us more snow. So, we're really going to pile this on as it taps into moisture. In fact, we've got this high resolution forecast snowfall totals and this is just incredible to see. This takes us through the next three days, the potential for over 2 1/2 feet in places like Mammoth Mountain and Into Squaw Valley ski resort.

And it's not just the mountains that are experiencing the snow. Salt Lake City could have some travel impacts, just west of Seattle and the Puget Sound. The lower elevations of California, that'll be rain. It'll just be simply too warm for that to fall as snow.

But I mentioned before the break that there are other concerns associated with the passage of these storms and that is mainly the wind. In fact, wind gusts on the front range of the Colorado Rockies into Colorado, perhaps into the Denver International Airport causing some delays. We could have winds in excess of 60 miles an hour. The problem here, you coincide that with dry conditions, the ongoing drought and gusty winds, you're going to have some problems with critical fire danger.

So, that is a problem and a concern today across portions of Kansas and into the Oklahoma Panhandle. Mostly cloudy conditions though across the central portion of the country. If you are along the East Coast, no problems with the exception of Saturday maybe some light rain. But, Bianca, I don't know, do you like the snow as much as I do?

NOBILO: I'm more of sort of a Mediterranean person rather than the snow because I can't ski. But, quite nice --

VAN DAM: OK, beach holiday is different.

NOBILO: It's quite nice in winter with a crackling fire but not if it disrupts everyone's travel. VAN DAM: Love it.

NOBILO: Derek, thank you so much. Have a wonderful weekend.

VAN DAM: You're welcome, you too.

NOBILO: Hawaii's Mauna Loa volcano is putting on an unique light show this week. These incredible pictures show its first eruption since 1984. However, the eruptions from Mauna Loa and another from Hawaii's Mount Kilauea are raising concerns over air quality, especially for children, the elderly and people with respiratory problems.

Antigovernment protesters cheered over Iran's defeat in the World Cup. And rights groups say those celebrations cost this man his life. Meanwhile, Germany is one of two European heavy weights to get set home from Qatar as two underdogs advance -- Amanda.

AMANDA DAVIES, CNN WORLD SPORT: Yes, back to the drawing board for heavyweights Belgium and Germany but Japan and Morocco and their fans have certainly been making the most of their moment. We'll be live from Doha with all the latest in just a couple of minutes.

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