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Brittney Griner Lands in U.S. After Release from Russian Prison; Today, Judge Considers Whether to Hold Trump in Contempt of Court; Sen. Kyrsten Sinema (I-AZ) Leave Democratic Party to Become an Independent. Aired 10-10:30a ET

Aired December 09, 2022 - 10:00   ET

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

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[10:00:00]

JIM SCIUTTO, CNN ANCHOR: Top of the hour this Friday. I'm Jim Sciutto.

ERICA HILL, CNN ANCHOR: And I'm Erica Hill.

This morning, WNBA Star Brittney Griner is back in the United States after spending nearly ten months in a Russian prison. Reaction to her release and also more on what is next for her, just ahead. We're going to speak with Phoenix Mercury President Vince Kozar how the team plans to welcome Griner back. That's ahead. Plus, details about that prisoner swap, how the U.S. determined Viktor Bout is no longer a threat to America. State Department Spokesman Ned Price joins us in just a moment.

SCIUTTO: And also this morning, a CNN exclusive, Arizona Senator Kyrsten Sinema announces her departure from the Democratic Party. She's officially registered as an independent. What does this mean for Democrats, their agenda, their majority going forward?

And the Justice Department is seeking to hold former President Trump in contempt over classified documents, this as we learn who January 6 committee is now considering for potential criminal referrals.

HILL: We are going to get all of that. Let's begin this hour, though, with Brittney Griner, as we mentioned, arriving back on U.S. soil earlier this morning.

Joining us now, to discuss is president of the Phoenix Mercury, Brittney Griner's WNBA team. It's great to have you with us this morning. Obviously, a lot of joy in this moment for so many people who are close to Brittney Griner. She's a close friend of yours. I know that you were in touch. You actually said some of the letters that she would write to you kept you going over the last ten months or so. How are you feeling this morning?

VINCE KOZAR, PRESIDENT, PHOENIX MERCURY: I feel great. Yesterday was a day of celebration. I actually woke up to its news, like the rest of the world, to dozens of missed calls and hundreds of text messages and, of course, a CNN push notification. But, you know, it is a bittersweet day, of course, because it is a reminder of how many folks haven't been able to come home and it is a reminder of just how much time she was away. But we're incredibly gratified and thankful she's back.

SCIUTTO: She was sent to a Russian penal colony, and it is amazing these things still exist for months under the allegation of having 0.7 of a gram of CBD oil. Going forward, does the WNBA believe that players should still play in Russia down the line or is it just too dangerous that they might be next? They might be taken hostage, in effect, as some have described.

KOZAR: One person to speak for the league nor the players. Listen, the players have incredible agency with how they choose to make their livings and where they choose to play. And I think, quite frankly, we've seen the power of the players on display, whether it was two years ago with Reverend Warnock's campaign or how they mobilized around Brittney Griner. But, certainly, I think it is fair to say that a lot of the players, you know, have to consider their safety when they look at where they go to make their living overseas.

HILL: Do you want any Phoenix Mercury players in even Turkey, for example, the WNBA commissioner was talking about concerns over Turkey and other countries, and that they would reiterate those concerns, would you go so far as asking players not go to certain countries to play?

KOZAR: Like I said, I do want -- I think it should be up to the players, not the teams here. We have an incredible group and they're all incredibly smart. We need to make sure they have all of the information. The State Department has been helpful with that. The folks at the league who work with government affairs have been really helpful with that, so that players could make educated decisions.

But to answer your question more succinctly, my goal is for no players to have to go overseas. My goal is for players to be able to play here in the WNBA and make their living. And that's what we here in Phoenix and 11 markets around the country are working forward every day.

SCIUTTO: Brittney Griner is an American who was taken hostage, in effect, by Russia. She is also someone who stands for so much, right? She's a black woman, she's a lesbian that stands for LGBTQ rights in a country right there and that targets those things and targets those people there. How do you think that this experience will shape her legacy in the WNBA?

KOZAR: I think it has shaped all of us. I think it is a reminder of how important empathy is.

[10:05:00]

You know, I think it is a reminder of how complex the world is. And think it is a reminder that B.G. has never shied away from being authentically exactly who she is. Part of it is because I believe from knowing her she doesn't know any other way to live, that is just who she is. But, in part, I do think she understands the representation and visibility that she provides to young and old alike for all of the intersectional reasons that you just mentioned. She shows up for their groups, she means a lot to those groups and it is part of why reason why so many people rallied around her and mobilized in her support while she was gone.

HILL: That support has been remarkable. And we heard from a number of people, of course, over the last 24 hours. I was really struck by the comments from Cherelle Griner yesterday when she was standing with the president and she said very clearly that she and B.G. have not forgotten about Paul Whelan, that they intend to continue this advocacy work. We're hearing that from folks in the WNBA as well, that this will continue to inform what you do moving forward. How do you see that continuing?

KOZAR: Well, I mean, I think it starts first and foremost, this is B.G.'s legacy. I'll be the first to say I wasn't well versed in how many families truly are missed loved ones who are detained overseas. The names that we know now and the plights that we know now and the struggles that we know now because of B.G. are part of her legacy. Cherelle just recently graduated from law school. She has already said, because of how this has personally touched her family, she's going to spend her life helping other families who were in this same situation who maybe don't receive the same spotlight because their loved one isn't a professional athlete like B.G. is.

And then like I said, our league, pick a platform. Our league and our players and our leagues have always showed up for the causes that matter to us and I don't see that changing because of this. You mentioned Cherelle's comments yesterday. I've pointed people to those. I've also pointed people to the letter that B.G. wrote to President Biden a couple of months ago, where she specifically mentioned that she wasn't the only one who needed his help. She is always concerned with others. And this won't end for her or for us or for Cherelle just because she's home.

SCIUTTO: Yes. Before we go, welcome plans, I assume, from the team, from the league as well for Griner?

KOZAR: So, we're going to follow her lead. Obviously, she's been through a lot and she's got some days ahead of here where we and she, of course, are prioritizing her physical and mental health. But when she's ready and when the time comes, we will have a celebration that will rival any you've ever seen.

HILL: Do you know yet when you'll get to talk to her?

KOZAR: My hope is in the next week or so. So, I've been able to stay in consistent contact with her agent. And with -- I spoke to Cherelle yesterday. So, again, we'll put that on her terms. But I expect it to be very soon.

HILL: Vince Kozar, great to have you with us this morning. Thank you.

KOZAR: Thank you.

SCIUTTO: It is nice to talk about that homecoming. Well, another story we're following, CNN has learned that the U.S. conducted a security assessment of the release of Viktor Bout, who was exchanged for Brittney Griner, determined that he was no longer a threat to the U.S.

Joining me now to walk through the decision-making behind this, State Department Spokesman Ned Price. Ned, good to have you on the broadcast.

NED PRICE, SPOKESPERSON, STATE DEPARTMENT: Good to see you, Jim.

SCIUTTO: You have heard some of the criticism of this exchange. You have an American coming home, something to be celebrated. You've heard some of the criticism from folks who say this was not a fair trade. Can you explain why in the administration's view this was the best deal they could get at this time to get at least one American home?

PRICE: Well, Jim, I just want to be very clear, we're under no illusions about Viktor Bout, we are under no illusions about who he was when he was picked up in 2008, 15 years ago. But we're also under no illusions about one other element, one other vitally important element, that is especially meaningful for us as I stand here at the state Department, that is the responsibility we have to Americans around the world, including and especially to Americans who are wrongfully detained, in other words Americans who are held against their will as political pawns who should be behind bars in the first place.

So, these are difficult decisions. These are never going to be easy decisions. But President Biden has demonstrated once again that he is prepared to make these difficult decisions. These are not decisions that we take lightly. We study all the angles. We do all of the analysis. But at the end of the day, we have a responsibility to Americans. We are absolutely gratified that Brittney Griner is back on American soil. She's back with her wife, Cherelle. And let me add, we are committed to seeing to it that Paul Whelan will have the same fate before long, that he'll be back with his family, he'll be back with Elizabeth, he'll be back with his other family members before long as well.

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SCIUTTO: Okay. I do want to ask about Paul Whelan. Before we get there, as we mentioned, that the Biden administration, as we understand it, ran a security assessment to see if Bout was still a threat and determined he is not. Why is that? Here is someone who -- great experience in trafficking arms, Russia is currently involved in a war in Ukraine, in which it needs more arms and munitions. Why is Viktor Bout not a threat?

PRICE: So, Jim, you'll understand, of course, I can't get into all of the details but I can tell you that we studied all of the angles. We know precisely who Viktor Bout was when he was picked up 15 years ago. We know precisely what he was doing, but we also have looked at the fact, including the time that his past -- since he's been off the street, he's been off the street since 2008. We are going to continue to be extraordinarily vigilant about all of the threats we face, all of the threats that we face from the Russian Federation, all of the threats that we face from individuals in Russia or who may be acting on behalf of Russia. We were able to do that before Viktor Bout was a repatriated. We'll be absolutely able to do that going forward.

SCIUTTO: Okay. Let's ask you about Paul Whelan. President Biden said yesterday that, sadly, and for totally illegitimate reasons, his words, Russia is treating Paul's case differently than Brittney's. What reasons?

PRICE: Well, there seems to be one reason. Unfortunately, Russia is treating Paul Whelan differently because they've mounted these sham espionage charges against him. So, the choice we face, this was what President Biden said yesterday and what Secretary Blinken said yesterday, it was not which one, it was one American or none. And, of course, we took the deal that was on the table, that we certainly didn't want to lose, to have the opportunity to see Brittney Griner reunited with her -- with Cherelle and her family back here.

But we send a very simple message to Paul Whelan when we talked to him over the past couple of days. Keep the faith. Don't lose hope. We're coming for you. And, in fact, you heard from President Putin today, it's not often that I can say that we actually agree with something President Putin said, but today I can say that, because President Putin himself has said that these discussions will continue. These discussions absolutely will continue.

We have demonstrated now twice, first have Trevor Reed and yesterday with Brittney Griner, that even in the midst of the tensions in the broader bilateral relationship, and, of course, that is an understatement, that puts it mildly, we're able to have these conversations and we're able to have successful conclusions when it comes to the return of our American citizens.

SCIUTTO: CNN, my colleague, Jennifer Hansler, spoke to Paul Whelan yesterday from his prison cell. And he said that the U.S. may not be able to provide what Russia wants in terms of his release, calling it, in his words, political extortion, and that the U.S. needs to offer something more, something different. What does that look like to gain Paul Whelan's freedom and is the U.S. considering something different?

PRICE: Well, what Paul Whelan said is true in the sense that what the Russians are doing is absolutely shameful. Paul Whelan should not be behind bar bars. It's precisely why we call him a wrongful detainee, that charges that have been mounted again him are erroneous, they're false, they're a sham.

Nevertheless, we are going to continue to have these conversations. We've demonstrated before that we can be creative, we can be resourceful and we're prepared to make more precisely, the president, because only the president could make these decisions, the president is prepared to make the difficult decisions that may be necessary to get Paul Whelan home.

You will understand, Jim, that I'm just not in a position to go into what that might look like but we are committed to the fact that Paul Whelan will be reunited. We wish nothing more than to have had Paul on that plane yesterday with Brittney Griner, just as several months ago we wish nothing more than the fact that Paul Whelan and Brittney Griner could have been on the plane back home with Trevor Reed. That wasn't the case in April when we brought Trevor Reed home. It wasn't the case yesterday when we brought Brittney Griner home. But it will be the case one day and it will be the case one day soon.

SCIUTTO: Well, we know his family is waiting, hoping. Ned Price at the State Department, thanks so much.

PRICE: Thank you, Jim.

HILL: Today, a federal judge will hear arguments on whether to hold former President Trump in contempt for failing to comply with a subpoena, ordering him to turn over classified documents. Sources say the Justice Department is also demanding that Trump's legal team designate a custodian of records to attest that all classified documents have been returned. This, of course, comes after more sensitive materials were found at a storage facility in Florida.

CNN's Katelyn Polantz is joining us now with more on this. So, what else are we hearing from the DOJ this morning?

KATELYN POLANTZ, CNN SENIOR CRIME AND JUSTICE REPORTER: Well, this is prosecutors wanting the Trump team so formally say that there are no more documents that would have classifications markings on them in their possession. And what is happening and reporting that we're learning from Gabby Orr and Sara Murray here at CNN is that there is fear, some fear on the Trump legal team's side where they don't want to get into legal jeopardy by signing some sort of formal attestation, saying that that is the case, that everything they are sure has been turned over.

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They also -- the people on the Trump team right now, some of these lawyers are newer working with Donald Trump. It has been two years since Donald Trump left office and all of those documents should have going back to the federal government. So, there is also some fear that they may not have been able to comprehensively answer questions that prosecutors have now about where all the documents are, if they've all been handed over. So, there is a bit of an issue right now. There could be a hearing later today. We expect there to be related to this possible contempt proceeding over Trump's compliance with the subpoena.

HILL: So, as we wait for that, there is also some movement when it comes to the January 6 committee. CNN learning that they are considering criminal referrals not only for former President Trump but for four of his closest allies. Do we know where that stands? Is there a timeline here?

POLANTZ: There is. One of the things that we've been hearing from some of these select committee members is they do expect to make decisions as early as this weekend, even on Sunday. But right now, they're considering possible criminal referrals to the Justice Department, putting pressure politically on the Justice Department to maybe bring charges against some of the top advisers around Donald Trump.

Four we know that they are considering right now, Mark Meadows, the former White House chief of staff, two private attorneys for the president after the election, John Eastman and Rudy Giuliani, and then Jeffrey Clark, that top Justice Department official that Trump wanted to install as the attorney general before January 6.

Right now, they're just considering these but we are expecting to see something public from the committee in the coming weeks. Erica?

HILL: All right. Katelyn, I appreciate, thank you.

Still to come here, a shake-up in the Senate courtesy of Arizona's Kyrsten Sinema.

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JAKE TAPPER, CNN ANCHOR: You're here to make a significant announcement.

SEN. KYRSTEN SINEMA (I-AZ): I've registered as an Arizona independent.

Like many across the state and the nation, I've decided to leave that partisan process.

(END VIDEO CLIP)

HILL: Just ahead, we'll ask a Democratic member of Congress what this means for the party and its priorities now.

SCIUTTO: Plus, America's hospitals under strain once again, the fullest they've ever been since the pandemic. This is according to new federal data. What is behind that influx?

HILL: And Pope Francis emotional while praying for an end to Russia's war in Ukraine. A former president of Ukraine joining us in the CNN Newsroom to discuss what his country needs now to make peace possible.

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[10:20:00]

HILL: Big news out of Washington this morning, Arizona Senator Kyrsten Sinema telling CNN's Jake Tapper she has decided to leave the Democrat Party and register as a political independent, a decision unlikely to change the balance power in the next Senate. Sinema says she'll join Senators Bernie Sanders and Angus King as independents who caucus with Democrats. She spoke with Jake Tapper about her decision to leave, in her words, party politics behind. Take a listen.

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SINEMA: I don't think things will change much for me and I don't think things will change much for Arizonans.

Arizonans who aren't affiliated with either party are often the largest group of voters in Arizona. And even those who are affiliated with parties often find that they don't fit 100 percent into that box. The reality is that when we get up in the morning, we don't really think about partisanship. Most people don't wake up and think, okay, well I've got to get this Democratic breakfast on the table, I have to get my Republican car and go to work. That is not how real life is. I know it is not in this town. But in the rest of the country, people are just living their lives.

And so they're not thinking about who is winning and who is losing but that is what parties are thinking about, is how do we get one over on this guy, how do we ensure that we're punishing them, how do we continue to win. And what I'm really focused on, and I think the proof is in the pudding of the work I've done in the Senate, I'm really focused on getting results, like actually solving problems.

And so, you know, removing myself from the partisan structure not only is it true to who I am and how I operate, I also think it will provide a place of belonging for many folks across the state and the country who also are tired of the partisanship.

(END VIDEOTAPE)

HILL: Joining us now, California Democratic Representative Ro Khanna. Congressman, good to see you this morning.

You've just heard from Senator Sinema there. She doesn't fit in a party box. That is something I think a number of Americans could relate to. She didn't offer real specifics on why she doesn't feel she fits in that box anymore but said that this move, in her view, really won't change much. Do you agree?

REP. RO KHANNA (D-CA): I'm not surprised that she's doing this. First of all, I don't think it will change much as she's still going to caucus with Democrats, she's still going to be on the committees. We still will have effectively a majority. But the big disagreement that she had was she wanted to defend private equity, even Senator Manchin said, you can't have (INAUDIBLE) loophole where private equity hedge fund managers are paying less tax than teachers and firefighters. She went to the mat to defend that. And she knows she would lose overwhelmingly a Democratic primary in 2024. So, that doesn't surprise me that she's seen that writing on the wall.

HILL: So, to that point, do you believe this is not a move about political philosophy? Do you see this really as a power play to hold on to her seat?

KHANNA: Well, I don't know her motives but I will just tell you that she had no chance to win a Democratic primary, if you look at the polling. And so if she wants to run for re-election, her best shot would be as an independent. And the real break that she had -- people understood negotiation.

[10:25:00] I mean, I have a lot of respect even though I disagree with Senator Manchin, different viewpoints. Where she really upset party was in defending Wall Street hedge fund managers and getting the special tax breaks. And that is where she had the biggest rift with party.

HILL: Before we move on to one other topic, just real quickly to push you on that, Ruben Gallego just putting out a statement saying, in his view, she's putting her own interest ahead of getting things done for Arizona. What do you think this does to that seat in 2024?

KHANNA: Well, Ruben, a marine, would be a strong candidate. He's on the Armed Services Committee with me. I hope he runs and I will support a strong Democrat who shares my views in that state.

HILL: You are about to be in the minority come January. But you've said you'll vote for a unity candidate who -- a unity candidate for speaker, rather. Who in your mind fits that bill?

KHANNA: Well, I don't know names but what I said is if the Republicans put someone forward who says we're more interested in legislating than just launching senseless investigations against the Biden administration, and that we're interested in bringing manufacturing back, then I would be open, as would others, to looking at voting for that. And I think there are a number of names floating around. I don't want to speculate on that. But the possibilities there --

HILL: We'd like you to speculate on that.

KHANNA: Well, you know, it is not for me, it is for the Republicans to put forward names. But there are Democrats who have said we'd be open to someone who is committed to having the House govern, legislate solve problems and not just do investigations.

HILL: Don Bacon of Nebraska had said he would vote with Dems to what he calls an agreeable Republican in the event that there is a floor fight blocking Kevin m McCarthy. Have you spoken with him?

KHANNA: I haven't spoken with Don. I've worked with Don Bacon but I have spoken with other Republicans about this. And, look, it is a possibility. It is a time where people really want to come together, get things done, and there are conversations going on between Democrats and Republicans.

HILL: Okay. Well, any time you want to fill us in on more of those conversations, you know we're ready and we'll be listening.

I do want to get quickly on Twitter, not the laptop story. I know you've been talking about that extensively and you spoke with my colleague, Erin Burnett, about it as well, but what this has brought up, even the Twitter thread, is a question about where the line is when it comes to hate speech and free speech.

So, I just want to put up some of what we've seen over last few weeks. The use of the N-word, since Elon Musk took over, triple the 2022 average, slurs against gay men up 50 percent, slurs against trans persons up 62 percent, according to the Center for Countering Digital Hate. What do you see? I know you are, and we saw this in your Wall Street Journal op-ed this week, you believe in free speech. People need to have a place to talk. You believe in Twitter being there. How do you, though, deal with this content?

KHANNA: Okay. So to answer the question, I think there are two aspects of free speech. One is allowing people to express different viewpoints. I don't think we should be censoring people based on their viewpoints. But I also think it means treating people with respect. You can't have free speech if you're not treating the person you're talking to with respect.

And I don't think anti-Semitism, racism and vicious attacks on people's identity belong on the site. I do think having a difference of opinion or criticizing a member of Congress or the president, that belongs on the side. And that's the balance.

Now, I saw those statistics. I saw that Elon Musk said, no, the statistics are different. We need to figure out over the next couple of months what those statistics are and have transparency. But, absolutely, there is no room on these platforms for that kind of hate.

HILL: No room for that hate, but it is there and it is growing, as we know. And people feel empowered. Do you see that there is a way to control it?

KHANNA: I do. Think we need to get rid of bots. I think we need figure out the facts of how much of this hate is actually there and whether Musk claims that he's saying that he wants to end the amplification of hate. So, I think he's put out some statistics, the senators put out other statistics. What I think Congress should do is legislate to have transparency so that there is disclosure requirements on hate groups, on the amount of people there with this kind of hate. And I don't think hate has any place on these platforms, but I think that we should be for free speech and openness of viewpoints, and that is very different than hate speech.

HILL: Representative Ro Khanna, I appreciate your time this morning. Thank you.

KHANNA: Thank you.

SCIUTTO: Well, Ukraine is keeping up its push for more western aid as the U.N. human rights chief warns the country is, quote, suffering and is in a human rights emergency. Ukraine's former president, Petro Poroshenko, he is here in D.C., he joins me live with his call for help.

[10:30:03]

That is next.

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