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Brittney Griner In "Good Spirits" In Texas After Prisoner Swap; WH: Whelan Talks Will Continue; We Have "Things" Russia Wants; Sinema Leaves Democratic Party, Registers As Independent; Today: Judge Considers Whether To Hold Trump In Contempt Of Court; Warrant: Driver Said He Accidentally Hit 7-Year-Old With His Truck Before He Kidnapped & Killed Her. Aired 1-1:30p ET

Aired December 09, 2022 - 13:00   ET

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

[13:00:00]

JOHN KING, CNN ANCHOR: The Florida lawmaker who sponsored that state's Don't Say Gay bill has resigned. Federal prosecutors indicted State Representative Joe Harding this week for allegedly swindling more than $150,000 from COVID relief funds. Harding goes on trial next month.

Thanks for your time on Inside Politics. Hope you have a pleasant weekend. Ana Cabrera picks up our coverage right now.

ANA CABRERA, CNN ANCHOR: Hello and happy Friday. I'm Ana Cabrera in New York. Brittney Griner back on U.S. soil. The WNBA star is now in Texas after 10 months behind bars in Russia. And today, Russian President Vladimir Putin says more prisoner swaps are possible.

Plus, talk about a shake-up. Arizona Senator Kyrsten Sinema says she is leaving the Democratic Party and registering as an Independent. How Washington is reacting. And we know this tripledemic of viruses is hitting the nation hard, but the post-Thanksgiving numbers are in and it's getting even more deadly.

We're following all of that. But first, we begin with Brittney Griner right now receiving treatment in Texas. CNN's Alex Marquardt leads us off. Alex what more can you tell us about what these first few days home will be like for her?

ALEX MARQUARDT, CNN SENIOR NATIONAL SECURITY CORRESPONDENT: Well, Ana, it's going to be very hard for most of us to imagine what kind of reentry Brittney Griner is going to have after so long in Russian detention 10 months, as you mentioned. And then she was pulled suddenly from the penal colony that she was being detained at, put on a series of flights home landing in San Antonio early this morning.

The first priority is going to be on her physical, on her medical health. We have seen video of her as she boarded that Russian plane, she was all smiles. U.S. officials say that she is in good spirits and that she does appear to be in good health.

Ana, the reason that she was taken to San Antonio is because there is a medical treatment facility there called the Brooke Army Medical Center. We know that she has gone there for a preliminary medical evaluation. And in San Antonio, she will also have access to a very specialized program that helps people who have been in isolation readjust, reacclimate to normal life that is run by the Defense Department.

That's also why Trevor Reed was taken to San Antonio back in April when he was exchanged by the Russians. So, of course, on a so many people all across this country, all around the world, thrilled that Brittney Griner is now home. But at the same time there is growing criticism that the U.S. was not able to get out Paul Whelan at the same time, in exchange for the so-called Merchant of Death for someone who is as significant as Viktor Bout.

The White House's John Kirby was asked about this earlier today on CNN. Take a listen.

(BEGIN VIDEO CLIP)

JOHN KIRBY, NATIONAL SECURITY COUNCIL SPOKESMAN: It just became readily apparent to the President and the entire team that it was either make this exchange, get one back. And the only one that they were willing to trade was Brittney for Mr. Bout, or get none and leave her there. And I can think we all would agree that no -- not even one more day in a penal colony for Brittney was a good outcome.

(END VIDEO CLIP)

MARQUARDT: And so, Griner remains in San Antonio. How long she stays there, according to the state department, that is up to her and her family, Ana.

CABRERA: So at this point, what is the outlook for Paul Whelan? What more could Russia want?

MARQUARDT: Well, we have heard directly from Paul Whelan. He spoke exclusively to our colleague, Jennifer Hansler. He is frustrated, he is worried. He says that there's a chance that he may never come home. But, of course, the U.S. will continue to try to find a way to bring him home, to continue those conversations with the Russians. We are told that those conversations continue.

They are looking for creative solutions, for different combinations to try to get Whelan home. We did hear from President Putin himself saying that more swaps are possible. He confirmed that those conversations do continue. The White House, John Kirby, who we just heard from, he has said that they are not back to square one. But clearly, Ana, there is some kind of reset here.

Now, CNN reported exclusively back in August that the Russians had asked specifically for a Russian who is in German custody, a convicted murderer. And as recently as yesterday, a senior administration official told our colleagues over at the State Department that the Russians had continued to bring someone up who is not in U.S. custody and that the U.S. continued to get frustrated by that.

So those conversations do continue. Again, lots of excitement and joy in the administration that Griner is home. But they insist that they do continue those conversations, continue to try to find a solution to get Paul Whelan home as soon as possible. Ana?

CABRERA: OK, we'll stay on top of it all and a very Happy Friday, clearly, for Brittney Griner and her family and all her loved ones and teammates and so forth.

MARQUARDT: Absolutely.

CABRERA: Let's not forget about how wonderful that is. Thank you, Alex Marquardt.

Shockwaves in Washington just days after Democrats secured a 51-49 advantage in the Senate, Arizona Senator Kyrsten Sinema has officially left the Democratic Party to become an Independent. She wrote an op ed this morning and she says this, "I have joined the growing numbers of Arizonans who reject party politics by declaring my independence from the broken partisan system in Washington."

[13:05:11]

As for the balance of power in the Senate, in an exclusive interview with CNN's Jake Tapper, Sinema, seem to gloss over the potential impact.

(BEGIN VIDEO CLIP)

JAKE TAPPER, CNN HOST: What you're doing today doesn't change that, it's still basically going to be 51-49?

SEN. KYRSTEN SINEMA (I-AZ): I know you have to ask that question, Jake. But that's kind of a D.C. thing to worry about. What I'm really focused on is just making sure that I'm doing what I think comports with my values and the values of Arizonans. So when I come to work each day, it'll be the same. I'm going to still come to work and hopefully serve on the same committees I've been serving on and continue to work well with my colleagues at both political parties.

And I'm not really spending much time worrying about what the mechanics look like for Washington, D.C. And to be honest, Jake, I don't think anyone in Arizona is caring about that either.

TAPPER: There's going to be a lot of noise about this from the Democrats, from Progressives, from the left. You know this, that, because of your position, working with Senator Joe Manchin of West Virginia, to push back on some of the efforts, legislative efforts and change them and moderate them, you've already been a target of the left and people have been very critical of you.

They're going to call you every name in the book after this comes out. They're going to call you a traitor. They're going to call you ingrate. What are you going to say?

SINEMA: Well, I think I'll do what I always do, Jake, which is keep doing the work that I know is important for my state.

(END VIDEO CLIP) CABRERA: OK, let's discuss the impact with two former Democratic Senators, Barbara Boxer of California and Doug Jones of Alabama. Great to see both of you. Senator Jones, Democrats just for celebrating, expanding their majority in the Senate, and now this. So what does it mean for Democrats in the Biden agenda, in your perspective?

DOUG JONES (D), FORMER U.S. SENATOR: You know, look, when we talked about celebrating majority, we included two independents already. We still now have a third independent that's still included in that 51-49 majority. I think it's been reported. Senator Schumer is going to allow Senator Sinema to stay on her committees.

We've still got a majority. We've still be able to function at the committee level. And I don't really think for purposes of the Senate functioning, very much is going to change at all. She has always had an independent streak. We've always had Democrats, we've always had to work with her and talk to her. She's also been a leading proponent of bipartisanship on the infrastructure bill. I don't think a whole lot of things are going to change, at this point. I think it's 2024 that you really got to look at and see how the dynamics are going to shift.

CABRERA: Senator Boxer, it is true that so far, at least, Senate Democrats we've heard from, Amy Klobuchar, Majority Leader Chuck Schumer appear to be downplaying this publicly. But do you think they're striking a different tone behind the scenes?

BARBARA BOXER (D), FOR U.S. SENATOR: You know, I don't think so, because Senator Sinema shown as Doug Jones says, that independent streak on occasion. Now I looked up her voting record, she votes more than 90 percent with our President, and that will probably continue. I don't see any difference.

You know, I serve so long with Bernie Sanders and Angus King, both independents. They vote with Democrats, most of the time. They have their Maverick moments, as we all do, one way or the other. Honestly, it sounds like a big deal. But in terms of day-to-day work, and Chuck Schumer lining up the votes, nothing has changed.

Now, if she had said she was going to caucus with Republicans, that would have been a bombshell. That is not what's happening. She's going to continue to caucus with the Democrats. That is my understanding.

Last point I'd make is, you know, Kyrsten Sinema is kind of in search for her own identity. She started off as a Green Party member.

CABRERA: Right.

BOXER: She changed into becoming a Democrat, and now she's an Independent, maybe she'll feel happy. And I think the big issue is the the election in 2024, that's where things change. Yes.

CABRERA: And you both mentioned it. So explain that, Senator Jones, is that what is behind this if essentially, the day-to-day work is kind of status quo? What is she trying to accomplish?

JONES: Well, you know, look, you're going to have to really dig down with Senator Sinema on that. I can just say it does have ramifications for her possible reelection. She's not even announced if she was going to run for reelection. But clearly, there were people lining up to challenge her within the Democratic Party.

And so as an independent, she's going to make the calculation as to whether or not she can gather enough votes from both Republicans, Independents and Democrats in order to win in a three-person field. So it is going to shake up the Democratic and Republican politics in the state of Arizona, but that's going to be a decision she's going to have to look and she's making a calculation on that herself.

[13:10:02]

Democrats going to have to watch because we got to be very careful about trying to hold on to that seat at least with somebody who will will caucus with Democrats.

CABRERA: We heard Sinema say she's focused on Arizonans. But Arizonans just voted for Democrats pretty much across the board, governor, senator, secretary of state. Senator Boxer, is she ignoring the message of her own constituents that they just sent her?

BOXER: Well, frankly, I tend to think so as a strong Democrat. You know, we proved in this election with the winds of history against us, that we stand for the right issues, and she votes with Democrats, as I said, more than 90 percent of the time. But remember, there's already been an announced candidate against her in her reelection as a Democrat. So my own opinion --

CABRERA: Rube Gallego, he's in the House currently. Yes.

BOXER: Correct. And former Senator Jones is right, we don't really know. But if she wants to win, listen to what this does, it takes her out of probably what would have been the most expensive primary in Arizona history. And she just gets to put her name on the ballot.

There's about a third Republican, a third Democrat, a third Independent, roughly, give or take. So it really creates a crazy mess. And yes, I mean, I wish he would have stayed a Democrat, but, you know what, it's her call. And right now, what I care about is they're sticking with the Democrats in the Senate to fight back against the right-wing extremism that we see every day.

CABRERA: You're both Democrats, which is why we're discussing this because it does maybe shift a little bit of strategy within the party and within the Senate, and maybe beyond. She said both parties are being pulled to the extremes. That's part of her reasoning. But given she was a Democrat, Senator Jones, that sounds like an indictment of her former party. Do you believe Democrats are moving too far to the left here, Blue Dog Democrat yourself?

JONES: Yes. Now, look, I am worried that this sends a really bad signal to Moderates that Democrats need. I mean, as Senator Boxer just said, she has voted with a Democratic president 90 percent of the time, but yet that doesn't seem to be good enough for so many of the party faithful. And I think that that's a real danger for Democrats. Democrats have to look at their mouth, across the board. We got to start winning elections in the south, the Midwest and places that we used to win elections in, and we don't as much anymore. And it's -- it -- I really think that it's a bad signal. I really want Democrats to make sure that everybody in this tent is welcome and that we just don't run -- you know, it's interesting how we criticize Republicans, when people like Jeff Flake, and Bob Corker left their Senate seats because they were going to get primary.

We run the risk of doing the same thing in the Democrats if we're not careful. Now I think there's a place for everybody in the party.

CABRERA: Senator Boxer, you have this shake-up. And then on the Republican side, you have the major infighting happening over Kevin McCarthy's House speakership bid. This razor thin majority seem to be causing the two parties to crack at the seams rather than unify to keep their tight margins intact. Why is that?

BOXER: Well, I'm going to push back a little bit, because if you look at Nancy Pelosi and how she was able to keep Democrats together from the whole party, from the left of center to the right of center, she did that with very, very few votes to spare. So, I mean, I'm much more optimistic about the Democratic Party. And honestly, I see that Senator Sinema move as something as simple as, how about this, avoiding a million -- a multimillion dollar primary. That's what I think it really is about.

I don't think anything else was changed. She said nothing else will change. She was a very independent Democrat. Fine. So as I, so as Doug Jones. You don't have to leave the party to make your mark. You're still who you are. So, but she did it. And I think it was calculated on the reelection. I could be wrong. Maybe she's not going to run again. But my sense is she will, and it's going to make it a mess. That's what I think.

CABRERA: She didn't want to say. She didn't want to commit to running for reelection in our interview that Jake did with her.

Thank you both so much, former Senators Barbara Boxer and Doug Jones. It's great to see you both.

BOXER: Thanks.

CABRERA: The Justice Department has apparently had enough. After months of frustration and false assurances, the DOJ is now asking a federal judge to hold Donald Trump's office in contempt. It's in connection to the classified documents case and a key hearing is going down right now.

Plus, a disturbing update to an already brutal story. The FedEx driver who confessed to killing this cute seven-year-old girl tells police why and how he did it. The chilling details just ahead.

[13:15:00]

And this can't be good for the rest of the holiday season. The CDC just dropped a new flu report and hospitalizations and deaths from flu surge right after Thanksgiving.

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CABRERA: Today, a federal judge is considering whether to hold former President Donald Trump in contempt of court. The Justice Department argues Trump has failed to comply with a subpoena to turn over all classified documents in his possession. And sources tell us the DOJ is still demanding Trump's legal team formally attest that all classified materials have been returned.

Former federal prosecutor Michael Moore is here now to discuss. And Michael, what do you think, will this judge hold Trump in contempt?

[13:20:01]

MICHAEL MOORE, FORMER U.S. ATTORNEY: Well, I'm glad to be with you this afternoon. I think it's an interesting timing and it's probably the right thing for the government to do to seek the motion. My guess, though, having been involved in some of these types of hearings is that the judge will give them time to talk.

She might take arguments, she might hear, you know, the position of each side. And she may say, well, I'm going to defer a ruling to see if we can't get some kind of confirmation or certification by the lawyers involved, that the documents have, in fact, been delivered. Remember, this is a contempt action not against Trump personally, but against Trump's presidential office.

And this is another example of where he's done a very good thing for himself, and having someone sort of buffered in between. So the certifications that were given to the government about whether or not all the documents, declassified documents have been turned over, those are actually signed by lawyers, not by Trump himself.

And so that's why I think she'll probably give the lawyers a chance to either, a, say, yes, we've done everything, I'll sign a certification now, or she'll say, you know, you've got this third-party search, let's finish that and you make your certification then.

CABRERA: Now, at this point, the DOJ still arguing that the recent searches by this third party, you know, that was assigned essentially by Trump's legal team, that they weren't satisfactory, even though they came back with a couple of classified documents that were apparently in a Florida storage unit. Could we see another DOJ search warrant? How does this get resolved?

MOORE: You may see that, depending on what information they've got. If they've got enough information, if they've got probable cause that documents are being held in one of his properties, then let's move forward with a search warrant. But this is the kind of thing where they say, we're not sure we have it all. We -- it looks like there might be some things missing.

Yes, that's a little bit like trying to, you know, find something in the wind for the Trump Organization. And again, I'm not defending them at all, because these documents should have been given a long time ago. But that's the place we're at. So this third party search, I think, was a good thing to do, because it gives one more level of both impartiality, one more level of a buffer, I guess, between Trump's people, and the DOJ.

And they can say, look, we relied on somebody else, we've paid them to do it. What else can we possibly do? If you know where the documents are, if you have reason to believe they're in a particular property, tell us where they -- what information you have, tell us what documents you're looking for. And we'll send our entire gaggle of lawyers up there to look for the documents at the time.

That's the kind of thing I think the judge is going to be looking for some type of compromise because, ultimately, they want the documents back. And that's more important than whether or not there's some sort of Pyrrhic victory on a contempt finding.

CABRERA: So we also learn Trump isn't going to appeal the latest court ruling that nixed this special master review of these documents that were seized at Mar-a-Lago. What does that tell you? Is this just proof they really were using it as a delay tactic to begin with?

MOORE: I don't know that he had any great fault that he would survive the appeal. It looked to me like the entire request for special master was to buy time to be a delay tactic. And that worked. It gave him a certain amount of time, it drew things out. We're certainly past the midterms.

He's made his announcement that he's going to run. So to the extent that work, but if you read the opinion from the 11th Circuit, there's not much to appeal on there. And so, I think probably, discretion was the better part of valor in this case, by the -- by his legal team, knowing that they were going to face probably near certain doom on an appeal, given the findings and given the things that the court said in that order from the 11th Circuit.

CABRERA: OK, Michael Moore, I do appreciate you as always. Thank you for offering your insights.

MOORE: Always good to be with you. Thanks so much.

CABRERA: OK, sad news out of Texas right now, where we're learning more about what happened before a FedEx driver kidnapped and killed seven-year-old Athena Strand. CNN's Josh Campbell joins us with reporting on what the confessed killer shared with police. What can you tell us, Josh?

JOSH CAMPBELL, CNN SECURITY CORRESPONDENT: Yes, Ana. An update on this tragic story we first brought to you last week involving the death of seven-year-old Athena Strand. Now authorities say that she went missing in her driveway on November 30. Her parents called police, there was an extensive search around the area.

They obtained information that there was a FedEx delivery around the same time as her disappearance. They started working back to determine where was that truck, who was that driver. The FBI was able to obtain surveillance footage from inside that vehicle that allegedly showed Athena inside this truck.

Now the driver, 31-year-old Tanner Horner, he has now been arrested and charged with capital murder as well as aggravated assault. I'll read you part of the arrest warrant affidavit in which he allegedly confessed. Authority say that the defendant stated when he was backing up his FedEx truck, he accidentally hit Athena with the truck but she was not seriously injured. He panicked and put her in the van. He strangled her with his bare hands in the back of the FedEx truck.

Now we've made repeated attempts to reach out to his attorney, Ana, he is currently being held on $1.5 million bond.

[13:25:00]

CABRERA: So sad, Josh. And we're also learning what that driver was delivering to the house that day, making the story that much more heartbreaking. Fill us in.

CAMPBELL: Yes, every new detail that we're learning about this case is just so, so horrific. We're now learning from the family that that FedEx driver was actually delivering her Christmas present, Barbie dolls, which her family later discovered, of course, yet another reminder going into the holidays with this loved one now missing or, excuse me, not missing, but now murdered.

Her family has obviously been devastated as well as the community. I want to read you a post that her mother had on Facebook. I'll try to get through this. This is just absolutely gutting. Her mother says that, "Athena was born to change my world and she has. Let her unexpected and inexcusable death be reason we seek change. Let her pure beauty be the reason we make this world more beautiful. Let the light she brought into this world continue to grow brighter in her name," which is truly, truly horrific, Ana.

CABRERA: So heartbreaking. Josh Campbell, thank you.

Flu hospitalizations and deaths surging in the week after Thanksgiving and there's a lot of celebrating left this holiday season. So how worried should we be?

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