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Supreme Court Hears Arguments That Will Test Future of Elections; Virginia Restaurant Refuses to Serve Conservative Christian Group; WAPO: Items with Classified Markings Found at Trump Storage Unit in Florida; Nearly 2 Dozen Shell Casings Found in NC "Targeted" Attack & Power being Restored to Some; Walmart: Shoplifting Could Lead to Higher Prices, Store Closures; Police Removing Victims' Personal Belongings from Home. Aired 1:30-2p ET

Aired December 07, 2022 - 13:30   ET

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

[13:30:00]

JESSICA SCHNEIDER, CNN JUSTICE CORRESPONDENT: This is a clause that says the time, place and manner of holding elections is determined by state legislatures. So the question is, do those political bodies have the final say here or can state courts step in?

And, Ana, what's especially concerning to some people about this is just how far Republicans are trying to take this theory.

Because in 2020, as you mentioned, you know, Trump supporters tried to push that it could even mean state legislatures could decide the electors in battleground states, potentially up ending the popular vote here.

So it's a wide-ranging theory. We'll have to see how the Supreme Court interprets this and what they might allow.

ANA CABRERA, CNN HOST: Sounds like they're really pushing to give more power to the politicians in that particular state.

SCHNEIDER: Yes.

CABRERA: Why, though, is this theory just now gaining ground among Republicans? And do we know where the conservative justices are leaning?

SCHNEIDER: So, interestingly, this theory was first brought up in 2000, Bush v. Gore, Chief Justice William Rehnquist.

And in the last few years, Republicans have been pushing this during the 2020 election, especially during the 2020 election. And this North Carolina redistricting case, apparently, Republicans saw the perfect opportunity to use it as a platform for pushing this theory.

They've been successful getting it now to the Supreme Court. The question is, how will these justices interpret it? Will they let be a wide-ranging theory?

You asked about, how are the conservative justices leaning? I think it comes down to the chief justice, John Roberts, as well as Brett Kavanaugh and Amy Coney Barrett.

They're the ones, during the argument -- and they just wrapped up -- they seem to be pushing back a little bit and might try to rein in this theory.

Maybe let Republicans have a bit of a win but maybe not go as far as the Republicans are pushing for here.

(CROSSTALK)

SCHNEIDER: So we have to see. It could be a complicated ruling.

CABRERA: OK, thank you for trying to simplify it. It's a complicated case. All things are it seems at the Supreme Court.

SCHNEIDER: Yes.

CABRERA: Jessica Schneider, I appreciate it.

SCHNEIDER: Thanks.

CABRERA: A restaurant in Richmond, Virginia, is making headlines today for telling a conservative Christian organization it is not welcome there. The group has lobbied against same-sex marriage and abortion rights and was denied a table last week.

In a post on Instagram, the restaurant says, "We have always refused service to anyone for making our staff uncomfortable or unsafe. And many of our staff are women and/or members of the LGBTQ-plus community."

Now, this group, on the other hand, is comparing the restaurant's decision to a time when people were denied service because of their race.

Let's talk about this with civil rights lawyer, Charlie Gerstein.

Charlie, thanks for being here.

From a legal perspective, did the restaurant do anything wrong here? How do you see it?

CHARLIE GERSTEIN, CIVIL RIGHTS ATTORNEY: Thanks so much for having me on today.

That's going to depend principally on whether the restaurant is shown to have refused service because of the group's political beliefs or because of the group's religious beliefs.

It is not illegal in Virginia to refuse service because of someone's political beliefs or really any other reason.

What is illegal is discriminating against groups on the basis of their religion or race, sex, disability status or national origin.

I think if there's a case here, it will come down to which of those two principal reasons was at work here.

CABRERA: We've been talking this week, in fact, about a current case before the Supreme Court out of Colorado. A woman who does Web design for weddings doesn't want to work with gay couples.

How might this situation be different?

GERSTEIN: I think this might be different because that Web designer is arguing that her business is specifically expressive, that making a Web site is something closer to art than it is to providing a service.

Now, depending on the kind of Web site, I don't know if that will prove to be true. But restaurants are likely different under existing law.

Restaurants have always been at the core of our civil rights law given our nation's ugly history of racial discrimination in restaurants.

So restaurants, as true traditional public accommodations, have much less latitude to discriminate and claim that the First Amendment protects that discrimination.

CABRERA: We've seen other incidents like this before, most notably in 2018, then-White House press secretary, a lot of people will recall Sarah Sanders said she was kicked out of a restaurant over her role in the Trump administration.

Also I'm thinking about a case in New York where a judge tossed out a lawsuit from a Trump supporter who was kicked out of a New York bar. That judge ruling the law doesn't protect against political discrimination.

So to me and the laymen, I think it seems like there's a lot of gray area in the law when it comes to issues of free speech and what constitutes legal discrimination.

Is it clear to you?

GERSTEIN: I think in this circumstance the question of why the restaurant did this is going to be quite nuanced.

Generally, in all but a few states, it is legal to refuse service on the basis of someone's political opinions, whether they wear those political opinions on their shirt or you found them on the Internet.

What is illegal in every state and under federal law is discriminating on the basis of someone's religious beliefs.

Where that gets complicated here is lots of people hold political beliefs for religious reasons. And so I think it's going to be a challenge to determine exactly what happened here and why.

[13:35:07]

But it is clear that discrimination on the basis of political belief alone is legal almost everywhere in the country. CABRERA: Just real quick, I did read one law professor argued in a

"Washington Post" piece that this case with this restaurant was different because they could argue they were kicking out this group based on the group's actions of lobbying, specifically against same- sex marriage or other issues, so not based on their religion.

Does that argument hold up in your mind?

GERSTEIN: I think I would have to know the facts. But if that's the case, I would agree with the professor. That's legal in Virginia.

CABRERA: OK. Interesting.

Thank you so much. Charlie Gerstein, I appreciate your time today.

We have this just in. A stunning new development in the investigation of Donald Trump's handling of classified documents.

Let's go back to Evan Perez now.

What can you tell us, Evan?

EVAN PEREZ, CNN SENIOR JUSTICE CORRESPONDENT: Ana, "The Washington Post" is reporting that in this search of these multiple different properties, the Trump team found at least a couple of documents that were -- materials that were marked as classified. And they have now been turned over to the FBI.

As we reported earlier, the Trump team had decided to hire a team to look -- to do searches at, at least, four locations, including Bedminster, Trump Tower in New York and a couple of other locations.

One of those locations was a storage unit, storage facility, a private storage facility that the GSA had rented temporarily to assist the Trump team moving items from Washington to Florida.

And it appears that's where they found these additional classified items marked as classified as part of this search -- Ana?

CABRERA: Evan Perez, thanks for the update. We'll keep checking back as you gather new information.

Let's shift gear. Because hours from now, the lights could come back on for tens of thousands of people who have been living without power for days in North Carolina as the temperatures have gotten colder and colder. We have the latest on the investigation that these attacks.

And it's not just inflation driving prices up. The CEO of Walmart says shoplifting could send costs soaring.

(COMMERCIAL BREAK)

[13:42:05]

CABRERA: Welcome back. In North Carolina, we're learning about more evidence from the scene of two power stations disabled by gunfire. Multiple law enforcement sources tell CNN investigators have recovered nearly two dozen shell casings fired from a high-powered rifle.

That news coming as repair crews make significant progress in restoring power to the tens of thousands of people who have spent days now without power and without heat.

CNN law enforcement correspondent, Whitney Wild, joins us from Moore County, the sight of that attack from Saturday night.

Whitney, how are people still coping with this fifth day without power?

WHITNEY WILD, CNN LAW ENFORCEMENT CORRESPONDENT: Well, they're doing whatever they can to try to stay positive. But this is extraordinarily difficult.

One woman told us that she can't work, that this is going to cost her hundreds of dollars because, if she can't go to work, she's not going to get paid.

Another woman told us she has to drive up to an hour to get groceries on occasion. So it's been very difficult, especially for families with children.

So, again, everybody staying positive here, doing what they can to keep their spirits up.

Here's what one woman told me as she was receiving services at a local shelter.

(BEGIN VIDEO CLIP)

AMBER SAMPSON, AFFECTED BY OUTAGE: It's not like it was just a storm that just came through and then we was able to be prepared for this. No, this was something that just happened out of the blue. And now we're all suffering. And it's not right.

Very angry and disappointed.

(END VIDEO CLIP)

WILD: She was very angry and disappointed that someone would attack a substation and cause 45,000 people to become victims, people without power for days on end, Ana.

As she noted, this isn't just a storm. It's not just, you know, an act of happenstance. This is something that someone did.

Law enforcement working around the clock to try to figure out who that person is and why.

The FBI has a new poster they want as many people as possible to see. This is their hope that people will see these two substations, that something will click in someone's memory and be able to generate a solid lead for them.

Now, directly appealing to the public for help -- Ana? CABRERA: Whitney Wild, thanks for the update.

Attention, Walmart shoppers, higher prices and store closures could be on the way. The mega retailer says shoplifting is to blame. It's become a major problem. And it could start impacting stores nationwide.

Joining us now, CNN's Matt Egan.

Matt, this would be a big deal for folks who really rely on Walmart and its low prices. What more can you tell us.

MATT EGAN, CNN REPORTER: Yes, it would be a big deal. And it's a startling warning, especially coming from Walmart, which built its brand around everyday low prices.

The CEO of Walmart says that crime is a growing problem. Listen to what he told CNBC.

(BEGIN VIDEO CLIP)

DOUG MCMILLION, CEO, WALMART: Theft is an issue. It's higher than what it's historically been. And we've got safety measures, security measures we put in place by store location.

I think local law enforcement being staffed and being a good partner is part of that equation. And that's normally how we approach it.

If that's not corrected over time, prices will be higher and/or stores will close.

(END VIDEO CLIP)

[13:45:04]

EGAN: Stores will close. He is saying, in some markets, shoplifting is so bad it would make more sense to shut the stores down altogether rather than deal with crime.

Of course, bad for the employees, the customers, really all consumers if they're passing the costs along to everyone.

And of course, this is not just a Walmart problem. Right? Target has said shoplifting is up by 50 percent.

The industry tracks what they call shrinkage, which is lost inventory due to shoplifting, fraud and other issues. Shrinkage was $94 billion last year alone.

Not just random shoplifters. They say organized crime is on the rise. And this is actually fueling a bit of a cat-and-mouse game because we've seen that drugstores have started to lock up everyday items like toothpaste, deodorant, even aluminum foil because it keeps getting stolen.

And Home Depot reportedly launched a line of power tools that can't work until they're activated at the checkout counter.

CABRERA: We're talking about raising prices because of the shoplifting issue. But you and I talked not along about these stores, like Target, Walmart, among others, having a surplus of inventory that could actually mean finding some good deals. Is that still the case?

EGAN: It is still the case. In fact, the CEO of Walmart called out a series of categories that they're seeing prices come down because of this issue, toys, sporting goods, apparel, things that people are, of course, buying this holiday shopping season. That is encouraging.

This is happening, in part, because retailers have a glut of inventory. In some cases, they misjudged how much stuff people want and inventory has piled up. They've had to slash prices.

Ana, no matter the reason, after a year of very high prices, we'll take the good inflation news wherever we can get it.

CABRERA: I always like ending on a high note.

Thank you very much, Matt.

EGAN: Thanks, Ana.

CABRERA: Now, what would you do with $360 million? What a wonderful problem to have. A reality for this guy, Major League Baseball star, Aaron Judge. He will reportedly now remain a New York Yankee.

I think I can hear my son's fifth grade class cheering right now.

He signed a monster nine-year deal worth that astronomical figure, $360 million, and this is according to reporters at ESPN, "The Athletic" and the MLB network.

Judge was in free agency after one of the best seasons in baseball history. He broke the American League single-season record with 62 home runs. He led the league in RBIs and runs. He was the American League MVP.

So Yankees fans everywhere, I'm sure, are saying he is worth every penny.

But, wow, think about what you could buy with that amount of money, the amount of people who could be helped.

It has been buried in sand just feet beneath beachgoers for hundreds of years but not anymore. Archaeologists say this mysterious debris unearthed on a Florida beach after back-to-back hurricanes is actually a shipwreck from the 1800s.

Researchers believe it's a cargo ship that probably sailed near the coast using lighthouses to navigate. And they think a storm, the very thing that led to its discovery, is probably what sank it as well.

It took more than six decades but Philly police just identified a little boy found dead in a box back in 1957. Ahead, how they did it. (COMMERCIAL BREAK)

[13:52:54]

CABRERA: There has been a remarkable breakthrough in Philadelphia's oldest unsolved homicide. Police have used DNA testing to identify a boy whose body was found 65 years ago wrapped in a blanket, placed inside a cardboard box and dumped in a wooded area.

It's been known simply as the Boy in the Box case. Police have not yet released his name. And they say they're still looking for his killer. We hope to learn much more tomorrow when Philly police are set to hold a news conference.

And now to Idaho and the unsolved killings of four University of Idaho students. Today, police are starting to remove the victims' personal belongings from the home where they were killed so that they can return them to their families.

It's been almost a month already since that gruesome attack when all four students were stabbed seemingly in their sleep. And investigators say they still don't have a suspect or a weapon.

And now they're zeroing in on the whereabouts of two victims in the hours before the killings.

CNN's Nick Watt following this for us.

Nick, police are asking for new information?

NICK WATT, CNN NATIONAL CORRESPONDENT: They are. Listen, Ana, detectives are already sifting through about six and a half thousand tips that they have received, but they want more.

The police department says that, quote, they "believe somebody has information that will add context to the picture that investigators are creating of what occurred that evening."

They are investigating this week, among other things, the movements of two of the victims, Ethan Chapin and Xana Kernodle, in the five hours before police believe they were murdered. That was 1:45 in the morning.

In the previous five hours, they believe that couple was at a frat house, the Sigma Ki. And they are asking people if they have any details, any information at all, even if it feels, seems insignificant, to hand that in to police because it might help in this investigation.

As you mentioned, police are, right now -- about an hour ago, they walked into the home to gather some of the personal belongings of those victims.

And the chief explained why they're doing that. Take a listen.

(BEGIN VIDEO CLIP) [13:55:01]

JAMES FRY, CHIEF, MOSCOW, IDAHO, POLICE DEPARTMENT: We're going to be getting that -- those items back to the families. It's time for us to get those things back that really mean something to those families and hopefully to help with some of their healing.

(END VIDEO CLIP)

WATT: And the chief stresses that house is still an active crime scene under investigation.

But listen, Ana, as you mentioned, nearly four weeks after the murders of those four people, they still have not recovered a murder weapon. There still is no suspect in custody.

Listen, we don't know what the police are doing behind the scenes. It could be a little. It could be a lot. But some of the families and others are getting frustrated by the lack of apparent pace in this investigation -- Ana?

CABRERA: And the lack of answers and the lack of accountability and a lack of justice.

Nick Watt, thank you.

And that does it for us today. Thanks so much for being here. I'll see you back here tomorrow, same time, same place as always.

The news continues right after this with Victor Blackwell and Bianna Golodryga.

(COMMERCIAL BREAK)