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Brittney Griner Traded for Arms Dealer Viktor Bout; DOJ Asks Judge to Find Trump in Contempt; House Panel Working to Finalize Criminal Referrals List; House Passes Bill Protecting Same-Sex and Interracial Marriage; Two Quarterfinal Clashes in World Cup Today. Aired 4-4:30a ET

Aired December 09, 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]

KIM BRUNHUBER, CNN ANCHOR: Hello and welcome to all of you watching us here in the United States, Canada and around the world. I'm Kim Brunhuber. Ahead here on CNN NEWSROOM. New details about Brittney Griner's release as the Olympic gold medalist and WNBA star gets ready to land in Texas in the coming hours.

And CNN is learning which Trump associates could face criminal referrals from the January 6th committee. We'll look at who they are and when to expect a decision.

Plus, we're hours away from the start of the World Cup's quarterfinals where all eyes will be on Argentina Lionel Messi. We're live in Doha with all the latest.

ANNOUNCER: Live from CNN Center, this is CNN NEWSROOM with Kim Brunhuber.

BRUNHUBER: American basketball star Brittney Griner is expected to land in Texas in the coming hours. Bringing an end to her ten month ordeal in Russian detention. She's due to arrive in San Antonio after a flight from Moscow to Abu Dhabi to the U.S. Now CNN has a crew on the scene ready to bring any updates. From there Griner will be taken to a nearby army medical center that specializes in treating survivors of torture and other traumas. Russia agreed to swap Griner for arms trafficker Viktor Bout who was serving time in a U.S. prison. CNN's Alex Marquardt has details.

(BEGIN VIDEOTAPE)

ALEX MARQUARDT, CNN SENIOR NATIONAL SECURITY CORRESPONDENT (voice- over): The dramatic moment of the high-stakes prisoner swap, Brittney Griner, in the red coat, walking towards the American plane. Coming towards them, State Department official, Roger Carstens, accompanying Viktor Bout, who was hugged by a Russian official.

This new video, from Russian state media, shows Griner, leaving Russian detention, and boarding the plane in the snow. Her passport returned, Griner smiles, knowing she's heading home.

UNIDENTIFIED MALE: Are you ready for flight?

BRITTNEY GRINER, AMERICAN PROFESSIONAL BASKETBALL PLAYER: Yes.

JOE BIDEN, PRESIDENT OF THE UNITED STATES: Congratulations, again.

CHERELLE GRINER, BRITTNEY GRINER'S WIFE: Thank you.

MARQUARDT (voice-over): Back in the U.S., Griner's wife, Cherelle, was invited to the White House.

C. GRINER: I'm just standing here overwhelmed with emotions. But the most important emotion that I have, right now, is just sincere gratitude for President Biden and his entire administration.

MARQUARDT (voice-over): The release was the culmination of many months of negotiations with Russia.

BIDEN: This work is not easy. Negotiations are always difficult. There are never any guarantees. But it's my job, as President of the United States, to make the hard calls, and protect American citizens, everywhere in the world.

MARQUARDT (voice-over): The WNBA star, who was caught with cannabis oil entering Russia, spent 10 months in Russian detention. But now she's spared from a brutal nine-year sentence in a Russian penal colony.

U.S. officials said that the trade for notorious Russian weapons smuggler, Viktor Bout, was finalized in the past 48 hours.

Griner was moved from her prison to Moscow, before being flown to Abu Dhabi where the exchange took place on the tarmac of a small private airfield.

BIDEN: I'm glad to be able to say that Brittney's in good spirits. She's relieved to finally be heading home.

MARQUARDT (voice-over): The U.S. wanted to trade Bout for both Griner and American Paul Whelan. But Russia refused.

In an exclusive interview from his penal colony, Whelan told CNN he's surprised he wasn't included.

PAUL WHELAN, AMERICAN DETAINED IN RUSSIA: I am greatly disappointed that more has not been done to secure my release. I'm happy that Brittney is going home today and that Trevor went home when he did. But I don't understand why I'm still sitting here. My bags are packed. I'm ready to go home.

MARQUARDT (voice-over): Whelan told CNN that the Russians see him at a higher level than Griner. He's been charged with espionage and sentenced to 16 years.

ANTONY BLINKEN, SECRETARY OF STATE: This was not a choice of which American to bring home. The choice was one or none. I wholeheartedly wish that we could have brought Paul home today on the same plane, as Brittney.

MARQUARDT: The big question now is how to get Paul Whelan home. Who will the Russians want an exchange? And is the U.S. willing to do it. Whelan clearly frustrated told CNN that Russia got the better of Thursday's deal. He said that Griner was traded for he called a world- class felon. And that now Russia is dangling him, Paul Whelan over President Biden's head and will ask for something big.

Alex Marquardt, CNN, Washington.

(END VIDEOTAPE)

BRUNHUBER: CNN's Salma Abdelaziz is tracking the latest developments live this hour in London.

[04:05:00]

So, Salma, a mix of celebration at Griner's eminent return and concerns as well about the man exchange for her freedom.

SALMA ABDELAZIZ, CNN CORRESPONDENT: Absolutely, Kim, and any moment now, we are expecting Griner to land in San Antonio. Upon arrival, you would assume she's going to be greeted by family and friends. You would assume you're going to see a big celebration there. The State Department says it will offer Griner help upon arrival. Including support activities for those who have been in isolation experiences like the ones she has been in.

But there's a lot of controversy as well around this prisoner swap because of who Griner was exchanged for. On paper Viktor Bout has a very different track record. He is accused of being an arms dealer. Whereas Griner was accused of having about a gram of cannabis oil. Bout accused of being an arms dealer. Nicknamed the "Merchant of Death" for supplying weapons and fueling conflicts across Africa and other conflict ridden areas. So very serious concern about this exchange. And Bout already in Russia and giving an interview, celebrating his release. Take a listen.

(BEGIN VIDEO CLIP)

VIKTOR BOUT, CONVICTED RUSSIAN ARMS DEALER: In the middle of the night, they simply woke me up and said get your things together. And that was it. There was no preliminary information.

(END VIDEO CLIP)

ABDELAZIZ: Now the other controversy is about who the United States has not been able to release and that is Paul Whelan. An American citizen who was picked up by Russian forces -- by Russian troops rather -- by Russian forces a few years ago and is now sentenced to several years as well in a penal colony. CNN was able to get exclusive access and exclusive interview with Whelan after Griner's release. Where he expressed his concern about President Biden's ability to get them out. He also expressed that Russia sees them as a more important, more valuable prisoner than Griner was perhaps. The Biden administration says for its part that there's no option to

get Whelan out in this specific exchange. But that they continue to do everything they can to secure his release. But just another reminder of how complicated these negotiations are. And yet again, it is a diplomatic victory for President Biden. But he's still vowing to try to get Whelan out as well -- Kim.

BRUNHUBER: All right, we'll stay on the story throughout the morning. Thanks so much Salma Abdelaziz in London. and we'll have much more on the prisoner swap, including a look at the U.S. Marine veteran left behind in Russia. We'll look at how Paul Whelan ended up behind bars and what he says about the charges against him.

Well just days after more classified documents were found in a Florida storage facility, sources tell CNN that the U.S. Justice Department is asking a federal judge to hold Donald Trump in contempt of court. The U.S. Justice Department argues that Trump hasn't complied with the subpoena to return all classified materials. A hearing is set for Friday. CNN's Katelyn Polantz explains what a contempt ruling might mean for the former president.

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KATELYN POLANTZ, CNN SENIOR CRIME AND JUSTICE REPORTER: A new development in the criminal investigation about the handling of documents at Mar-a-Lago after the Trump presidency. The Justice Department has recently gone to court under seal and asked a federal judge to hold Donald Trump in contempt of court for failing to turn over additional records that he may have in his possession that could be national security secrets.

So, this comes in a long running tangle between the Justice Department and Trump. Where they had subpoenaed Trump months ago for any records he may still have. Especially ones that have markings that are classified on them. There was a search of Mar-a-Lago in August. A very well publicized and confirmed by the Justice Department.

But since then, there has been steps that Trump's legal team has taken to try to satisfy Justice Department to make sure that there are no documents that they still have. And the Justice Department is not satisfied. They believe that there is the possibility that Trump and his team still could have records in his possession that need to go back to the federal government. And so, they have gone to court just in the past week or so asking for this contempt proceeding. A judge could potentially fine Trump, hold him in contempt if he does not comply with this long running subpoena. And this all comes in an ongoing, very significant investigation for the former president. This is a special counsel investigation being led by Jack Smith.

And just on Thursday, the latest in that investigation is that a federal courts formal order came down saying that the Justice Department is going to be able to get access to thousands of more records that were seized at Mar-a-Lago back in August. They are going to be able to incorporate those records as part of the evidence, as they continue to build that case. It's not exactly clear what will happen in this case but the contempt proceeding will become part of it.

[04:10:00]

And there's going to be a hearing on Friday in federal court, in Washington D.C.

Katelyn Polantz, CNN, Washington.

(END VIDEOTAPE)

BRUNHUBER: On Capitol Hill, the committee investigating the attack on the U.S. capital is preparing to finalize its list of criminal referrals to the U.S. Justice Department. Sources tell CNN the list may include Trump and four of his closest associates. CNN's Jamie Gangel has those details.

(BEGIN VIDEOTAPE)

JAMIE GANGEL, CNN SPECIAL CORRESPONDENT: In addition to former President Donald Trump, the committee is considering criminal referrals for at least four other people who the committee believes played significant roles around the January 6th insurrection. So here we go.

Under consideration: First of all, Trump's former White House Chief of Staff Mark Meadows. Who had a front row seat to Trump's actions, his inactions. And provided some of those critical text messages to the committee before he stopped cooperating.

Second, conservative lawyer John Eastman, who was advising Trump and was part of those meetings we've heard about to pressure then Vice President Mike Pence to try to be a part of a plan to overturn the election results.

Third, former Justice Department official Jeffrey Clark, who advised Trump and who the committee believes played a critical role in trying to weaponize the Justice Department to go along with Trump's attempt to stay in power.

And finally, a familiar face, former Trump lawyer and ally Rudy Giuliani, who we saw played a key role in promoting claims of election fraud and trying to convince state legislatures to take steps to overturn the election results.

(END VIDEOTAPE)

BRUNHUBER: A victory for marriage equality in the United States.

(BEGIN VIDEO CLIP)

REP. NANCY PELOSI (D-CA) U.S. HOUSE SPEAKER: The motion is adopted.

(END VIDEO CLIP)

BRUNHUBER: The House passed legislation Thursday protecting same-sex and interracial marriage. 39 Republicans crossed the aisle to support the measure, which has already passed in the Senate. It doesn't require legalization of same sex marriage at the state level but does require all states to recognize another state's legal marriage. CNN Congressional correspondent Jessica Dean has the story.

(BEGIN VIDEOTAPE)

JESSICA DEAN, CNN CONGRESSIONAL CORRESPONDENT: Another piece of bipartisan legislation is headed off of Capitol Hill and to President Biden's desk. This piece of legislation will protect the marriages of millions of Americans all across the country. It will protect the marriages for same-sex couples and interracial couples. This is something that really started to bubble up after Roe v. Wade was overturned over the summer. There became concern here on The Hill that interracial marriages and same-sex marriages could be threatened if the Supreme Court turned its attention to that.

So, lawmakers here began conversations in the fall about this. They had hoped to get a vote before the midterms, just couldn't quite get there and now that everyone is back, they did. So, it passed the Senate earlier with 12 Republican Senators joining all of the Democrats and then it went through the House today. Again, with 39 House Republicans supporting Democrats to get this legislation through.

And what it does, is it requires every state to recognize the laws of other states. Which simply means if your marriage is recognized in one state, if you travel to another one, no matter what their laws are, your marriage will be recognized. And for so many here on Capitol Hill, this was really important to do. They wanted to get it done in this lame-duck session. And again, now another piece of bipartisan legislation heads to President Biden for his signature.

Jessica Dean, CNN, Capitol Hill.

(END VIDEOTAPE)

BRUNHUBER: Investors got some good news after five straight days of losses on U.S. markets. Next, we'll see if they could stay on the same track when they reopen.

And we'll have the latest on the investigation into the deaths of four college students in Idaho as investigators sifted through thousands of tips on the vehicle spotted on the scene.

And the last eight teams in the World Cup are returning to the pitch with Argentina and superstar Lionel Messi facing their toughest test of the tournament -- Amanda.

AMANDA DAVIES, CNN WORLD SPORT: Hi, Kim. Yes, eight becomes four over the next two days here in Qatar. But from Ballon d'Or to the Messi fairytale ending on the cards. The Dutch insists they have a score to settle. I'll be here with all the latest from Doha in just a couple of minutes. Don't go anywhere.

[04:15:00]

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BRUNHUBER: And then there were eight. The World Cup quarterfinals are now just hours away. They'll pit European finesse against South American power. First Croatia will challenge world number one, Brazil. And then Lionel Messi will resume his quest for the one trophy he hasn't won when Argentina take on the Netherlands. Let's bring in CNN's Amanda Davies live from Doha. So, Argentina in that one. So, I mean, Lionel Messi hasn't won it all -- he's won at all except the World Cup and he's been accused, wrongly in my estimation, not performing for Argentina on the world stage. So, can he do it this year?

DAVIES: Well, that's the big question, Kim. And for all of the Dutch efforts of the likes of Virgil van Dijk to play down Lionel Messi in the buildup to this game. He's been saying, we're not taking on one man, we are taking on an entire team. It really is impossible to build up to this match without a focus on the seven-time Ballon d'Or winner.

We went to Argentina training last night, there was no doubt the eyes of the international media in their droves were focused on one player, and that is because of what defeat means for him at this stage in his career. Defeat, potentially, widely expected would mean the end of his time in an Argentina shirt.

[04:20:00]

But looking ahead to this match against the Netherlands, he's not the only one in that boat. It's widely expected that this is the last tournament for the legendary storied Dutch coach, 71-year-old Louis van Gaal, back for a third stint in charge of the Netherlands. He's won the Bundesliga. He's won La Liga. He's won Champions League titles. But has come back to try and take this team over the line as three-time runners up. Could this be his final hurrah? He was the man in charge when these two sides last met at a World Cup. The 2014 semifinal when Argentina squeaked through on penalties, causing real Dutch heartbreak. And the message has been clear from the Dutch. For all the talk of the Messi fairytale, they are here with a score to settle.

BRUNHUBER: Yes, absolutely. And so, let's look at the first match then, that'll be Brazil/Croatia, and Croatia's coach called the Brazil team terrifying. And then Neymar, one goal away from equaling Pele's record for the most goals scored for Brazil. What are we expecting?

DAVIES: Yes, there's been so much emotion around this Brazilian side, hasn't there, over the last couple of weeks. With the news that three- time World Cup winner, Pele, has been in hospital. The team using their moments on the pitch to send him their well wishes. Pele has been sending messages of support to this young Brazilian team here at the World Cup. Although, we haven't heard anything from him ahead of this match as yet -- ahead of Croatia.

But it was Neymar who became just the third Brazilian player to score in three World Cups when he found the back of the net against South Korea. That was a goal that took him within one of Pele's record, 77 goals for Brazil. And it's difficult, really, to look past him, potentially equaling that record against Croatia, even though they don't concede many. They've only conceded two in their four games so far in this tournament.

Terrifying is the word that Zlatko Dalic used and that is because it's not just Neymar. This is a Brazilian side scoring from all over the pitch. And they, very much are confident that they are going to be able to lift that record extending sixth world titles next Sunday.

BRUNHUBER: Exciting to watch. I'll be watching for sure. Amanda Davies in Doha, thanks so much.

On Thursday, FIFA confirmed the death of a migrant worker, the resort used by Saudi Arabia during the group stages. Now the circumstances surrounding the death are unclear, but the Qatari official told CNN, that the incident is being investigated. But when questioned by a reporter, Qatar's World Cup chief said, quote, death is a natural part of life. Human rights groups have criticize Qatar's treatment of migrant workers saying, they can face forced labor and unsafe conditions, unpaid wages, and implore intimidation and inability to leave their jobs.

Well investors are hoping the momentum will keep on going when U.S. markets open this morning. Wall Street snapped its five day losing streak on Thursday, with all three major indices closing up. The Dow gained more than one half of a percentage point, the Nasdaq was up more than 1 percent, while the S&P rose three quarters of a point. And the new training that gets underway in about five hours. So, here is where U.S. futures stand right now, they're all up in the positives.

Meanwhile, the European markets are up and running, except for the FTSE 100 in Paris, they're down less than one percentage point.

Here's a look at how markets across Asia fared today, as you can see all of them up as well and in the positive.

U.S. President Joe Biden has labored under low approval ratings for months. Well, a new poll to be released in about 90 minutes from now will show whether the president got a bounce or not after Democrats did much better in the midterm elections that had been expected. We'll have that for you coming up in the six a.m. Eastern hour.

And some welcome news for drivers here in the U.S., gasoline prices are now cheaper than they were one year ago. The motor club AAA says the average cost of a gallon of regular is now $3.32. Average prices have dropped by 13 cents over the past week, nearly 50 cents over the past month.

Meanwhile, the Keystone pipeline has suspended operations after discovering an oil leak near the border of Nebraska and Kansas. At least 14,000 barrels of oil have spilled into a creek. Federal officials are investigating the cause.

[04:25:00]

In a series of deliberate attacks on Americas power grid in recent weeks has put U.S. and state law enforcement on high alert for more possible disruptions. Authorities in North Carolina are offering a $75,000 reward for information on whoever shot up two utility substations last week with a high powered rifle. Law enforcement sources say extremist groups have been promoting the attacks in online forums, with details on the systems weaknesses. A number of plants are being proposed to protect the grid, including fortifying facilities that could be vulnerable.

All right, still much more here to come on CNN. We'll have the latest on the investigation into the deaths of four Idaho college students, and the tips that are flooding in about one particularly lead.

Russia's leader says Ukraine itself is to blame for Moscow's attacks on its energy system. We'll hear his explanation for that.

And left behind in a Russian prison. Who is U.S. Marine veteran, Paul Whelan, and why is he so valuable to Vladimir Putin? We'll have some answers coming up, please stay with us.

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BRUNHUBER: Welcome back to all of you watching us here in the United States, Canada and around the world. I'm Kim Brunhuber, this is CNN NEWSROOM.

American basketball star Brittney Griner is expected to land soon in Texas after spending the past ten months in Russian custody. Now she's due to arrive there in San Antonio after a flight from Moscow to Abu Dhabi and then on to the U.S. CNN has a crew on the scene, ready to bring you any updates.

From there, Griner will go to a nearby army medical center for evaluation. Russia has agreed to a swap Griner for arms trafficker Viktor Bout, who is serving time in a U.S. prison. But U.S. Marine veteran, Paul Whelan, imprisoned in Russia for the past four years, wasn't part of the deal.