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Iran Hangs Another Protester; January 6 Panel Considering Criminal Referrals for Trump; Special Counsel Jack Smith Speeds Up on Criminal Probes on Trump; Senator Sinema Now an Independent; Libyan Bombmaker of Pan Am Flight 103 in U.S. Custody; Odesa, Ukraine No Electricity After Drone Attack; China Fearing Another Outbreak. Aired 2-3a ET

Aired December 12, 2022 - 02:00   ET

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

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ROSEMARY CHURCH, CNN HOST: Hello and welcome to our viewers joining us here in the United States and all around the world. I'm Rosemary Church. Just ahead here on "CNN Newsroom," CNN has learned the January 6th committee has been discussing more criminal referrals as it prepares its final report. Plus, new information on the special counsel's own probes into former President Donald Trump.

After more than three decades, the alleged bomb maker in the attack on Pan Am Flight 103 is now in U.S. custody, and families may be one step closer to justice.

Plus, why so many here in the United States are sick right now. A tripledemic of COVID, flu, and RSV is filling hospitals and emptying shelves of pain and fever medicines. What you should do right now to stay healthy.

Those stories in just a moment, but first, nearly three months into the demonstrations that have shaken Iran to its core. We are learning that a second protester has been executed. Government affiliated news agencies say the man was publicly hanged Monday morning. He was convicted of allegedly killing two members of the security forces and injuring four more.

Last week, Iran carried out its first known death sentence connected with the anti-government protest. Mohsen Shekari was hanged on Thursday after his conviction in October for allegedly injuring a paramilitary officer. We'll bring you more on this developing story as details become available.

Well, in the United States, the House Select Committee investigating last year's insurrection has held a meeting to discuss criminal referrals. That is according to sources who say a subcommittee presented its recommendations to the panel on Sunday. The panel is weighing referrals for former President Donald Trump after he pushed a conspiracy that led to the January 6th capitol attack. But it's still unclear if they've reached a decision on the referrals. Take a listen. (BEGIN VIDEO CLIP)

REP. ADAM SCHIFF (D-CA): We will be releasing a report I think around the 21st. That will include whatever decision we've made on referrals. If we do make referrals, we want to be very careful about how we do them, but I think we're all certainly in agreement that there is evidence of criminality here and we want to make sure that the Justice Department is aware of that.

(END VIDEO CLIP)

CHURCH: The referrals would largely be symbolic, but they would document the views of committee members for the record. CNN's Elie Honig explains how they work.

ELIE HONIG, CNN SENIOR LEGAL ANALYST: First of all, they have to obviously finalize the criminal referrals. Now, there's no set form, there's no worksheet that you just fill out for a referral. It can be as short as a couple sentences, dear DOJ, we here by refer all of this to you for investigation, or it can be a long document. They can list out specific names so they need to figure out first of all who are they going to name.

Second of all, are they going to name specific federal statutes, specific crimes that they think might have been violated. And then third, how much depth are they going to go into. Are they just going to say we think you need to investigate this person for this crime or are they going to say and here's our evidence and turn it into essentially a prosecution memo or even an opening argument like you might see in court.

CHURCH: Even though it's still unclear if the panel has reached a decision, members largely agree that Trump and his allies committed a crime by trying to prevent the peaceful transfer of power.

Meantime, newly appointed Special Counsel Jack Smith is moving fast on a pair of criminal probes of Donald Trump. CNN's Katelyn Polantz has the details.

KATELYN POLANTZ, CNN SENIOR CRIME AND JUSTICE REPORTER: We're getting a better understanding of the setup and approach of the new special counsel's office. These investigations have been very aggressive since Special Counsel Jack Smith's appointment in November, and he's got a lot of prosecutors who have been working on these cases for months before his arrival.

Already, the team that Smith inherits is twice the size of the special counsel investigation under Robert Mueller. About 20 prosecutors working with Jack Smith on the January 6th side alone.

[02:04:57]

According to several sources who spoke to CNN anonymously, some of those people are digging into a financial investigation that has flown under the radar and that already is pretty sizable as well. They've looked at funding of rioters, political contributions. And in recent weeks our reporting team understands some of the January 6th prosecutors are asking also about Donald Trump's knowledge and understanding of what was about to happen at the capitol on January 6th.

So, Smith is examining the former president very closely trying to understand the plan and was it to steal the election. We've learned that investigative team has always been able to take a case up to Trump if the evidence leads them there. Of course, aside from that January 6th work, other national security prosecutors have been looking at the handling of federal records after Trump left office and they, too, are shifting to working for Jack Smith.

On the Trump side, allies of the former president tells CNN Kristen Holmes, Paula Reid, Jeremy Herb, Zack Cohen, Evan Perez and I that perhaps it's a good thing. Smith has been living in Europe for the past few years. One source told us that he's not been marinating in the soup of January 6th.

And if Trump were to be charged, a case about legal advice that the president was getting around January 6th may be very difficult to prove at trial. Katelyn Polantz, CNN, Washington.

CHURCH: And for more, we're joined now by Natasha Lindstaedt, professor of government at the University of Essex. Good to have you with us.

NATASHA LINDSTAEDT, PROFESSOR OF GOVERNMENT, UNIVERSITY OF ESSEX: Thanks for having me.

CHURCH: So, what do you make of this news that the House Select Committee investigating the January 6th insurrection held a meeting Sunday to discuss criminal referrals and presented recommendations to the full panel for former President Donald Trump and others?

LINDSTAEDT: I mean, I think this was a sign that Donald Trump's luck is running out, that Congress is moving to push through, you know, and indict Trump or to suggest that Trump is indicted. I think we've always seen that there are these norms that we can't indict a former president or a sitting president, and that has really insulated Trump from, you know, different sorts of prosecution.

But I think the House is making it very clear that a criminal action has taken place, that he tried to overturn an election and that this wasn't some sort of spontaneous thing and that he needs to be held accountable. We've been really reticent so far to really make him accountable for some of his actions.

But we're seeing with some of the legal results that have been taking place with also the fact the Trump Organization was found guilty on 17 counts of corporate fraud and a series of other case in Georgia, a civil suit in New York, and the investigation that you talked about with Jack Smith, the special counsel, looking into what happened in Mar-a-Lago as well.

That Trump, he is going to have to finally face the law. And I think he's been incredibly lucky at this point by pursuing delay tactics and pushing this narrative that, you know, he's untouchable.

CHURCH: Let's look at that because as you mentioned, newly appointed Special Counsel Jack Smith is moving quickly on two criminal probes around Donald Trump including asking a federal judge to hold Trump in contempt for failing to comply with a subpoena ordering him to turn over records marked classified. What does that signal to you specifically?

LINDSTAEDT: Well, we had thought originally that this pursuit of, you know, the investigation into Mar-a-Lago or into the January 6th might halt because Trump had, earlier than any other candidate, decided that he was going to run for president right after the midterms. And this was his attempt to have some kind of delay tactic, and then of course the attorney general, Merrick Garland, made it clear that, you know, no one is above the law and he appointed the special counsel.

And there were concerns from the Democrat side or from those that want to see Trump face some sort of retribution, that this was going to cause all kinds of delay. But we see that Special Counsel Jack Smith has been moving very expeditiously and that I think Trump is going to face an indictment and we're seeing some legal experts saying the same thing, that his time is just simply running out.

And he committed crimes here when we look at what happened in Mar-a- Lago. That's a narrow case that's going to be easier to prove. The January 6th case is going to be a little bit more difficult to prove. It's much more expansive. But in both cases, it's possible that Trump is going to finally face some sort of retribution.

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CHURCH: And Natasha, shortly after Democrat Raphael Warnock was announced the winner of the runoff Senate election here in Georgia last week, Kyrsten Sinema suddenly announces she's switching parties from being a Democrat to an independent. What do you make of the timing and the politics of her decision, and what might this mean perhaps for the 2024 election?

LINDSTAEDT: What's interesting about the timing I think she felt she had to wait until that election was over and Warnock won. She has been quoted as saying she was actually pleased to hear that Warnock won. And so, in many ways, she is still a Democrat but I think she didn't like being labeled a Democrat at times when she wanted to pursue whatever her agenda was.

She claims that she comes from a state that has a lot of independents. Arizona is a purple state, so to speak. There's a mix obviously of independents, Democrats, and Republicans. She claims that she likes to work across the aisle for bipartisan legislation with Republicans like she did she claims in the Infrastructure Bill and lowering of pharmaceutical costs.

And I think she felt he didn't like being pigeonholed as being part of the Democrats. The thing is that when she was part of the Democratic Party, this did put a lot of attention on her. There are critics that are saying that she's doing this again to get more attention. But ultimately it doesn't matter that much now after Warnock's victory because the Democrats still have enough with, you know, Kamala Harris as vice president to break any kind of ties. And so, she said it's not really going to change the way she's voted anyways. So, in the end it may not really matter what her label is.

CHURCH: All right, we'll see what happens in 2024, though. Natasha Lindstaedt, thank you so much for your political analysis. Appreciate it.

LINDSTAEDT: Thank you.

CHURCH: Well, the U.S. has taken custody of a Libyan man accused in the 1988 bombing of an airliner over Lockerbie, Scotland. Two-hundred and seventy people died in what is still the U.K.'s deadliest terror attack. CNN international diplomatic editor, Nic Robertson, has more on the suspect and the investigation through the years.

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NIC ROBERTSON, CNN INTERNATIONAL DIPLOMATIC EDITOR (voice-over): Almost 34 years since the deadliest terror attack in British history and the man accused of building the bomb that killed 270 people mostly Americans is finally going to face justice in a U.S. court. A huge moment for victim's families.

KARA WEIPZ, LOST BROTHER IN PAN AM FLIGHT 103 BOMBING: It has been one of our -- it has been the top priority to find these groups and to hold these people accountable. And the fact that this is now going to happen in the U.S. is -- it's monumental.

ROBERTSON (voice-over): Libyan Abu Agila Mohammad Mas'ud Kheir Al- Marimi was arrested for his alleged role in blowing up Pan Am Flight 103 over Lockerbie, Scotland 38 minutes after it took off for the U.S. from London killing everyone onboard and 11 people on the ground. The U.S. first charged Al-Marimi for his involvement in the attack two years ago while he was already in custody in Libya for unrelated crimes.

MICHAEL SHERWIN, THEN-ACTING U.S. ATTORNEY: It is alleged in the criminal complaint and indictment that at that time all co- conspirators worked together to arm the explosive device in the suitcase.

ROBERTSON (voice-over): The Justice Department expects Al-Marimi to make his first appearance in district court in Washington in the coming days. For years, the only person convicted in the Lockerbie bombing case was Abdelbaset Ali Mohmed al-Megrahi. Al-Megrahi, a former Libyan intelligence official was accused along with another Libyan man who was acquitted for planting the explosive inside a portable cassette player in a suitcase on the plane.

Al-Megrahi was sentenced to life in prison. But eight years after his conviction in 2008, he was released from a Scottish prison with terminal prostate cancer. Arriving home in Libya, he received a hero's welcome. In 2011, following the revolution that toppled Libya's dictator, Muammar Gadhafi, I visited Al-Megrahi at his home in Tripoli. He was near death. His family, as they always had, protesting his innocence.

(On Camera): Has he been able to see a doctor?

KHALED AL-MEGRAHI, SON OF CONVICTED LOCKERBIE BOMBER: No, there is no doctor and there is nobody to ask and we don't have any phone line to call anybody.

ROBERTSON: What's his situation right now?

AL-MEGRAHI: He stop eating and he sometimes is come in coma.

ROBERTSON: Coma. He goes unconscious.

AL-MEGRAHI: Yes.

ROBERTSON (voice-over): He died the following year without ever proving his innocence.

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Al-Marimi's trial will likely revisit part of Megrahi's defense particularly alleged inconsistencies about how the bomb came to be on the plane. Nic Robertson, CNN, London.

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CHURCH: Still to come, Ukrainians are facing untold hardships in the cold and dark as Russia continues to strike at their energy system. We'll show you what life is like in the once vibrant city of Odesa. That's next.

Plus, fear of rising COVID cases in China has some residents choosing to quarantine at home instead of reporting their positive results. How those choices are affecting cities trying to reopen when we return.

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CHURCH: Ukraine's president is trying to shore up more assistance from the United States as his country enters the cold winter months with a battered energy system. In a telephone call Sunday, Volodymyr Zelenskyy told U.S. President Joe Biden that Russian was strikes had destroyed about half of Ukraine's energy system. He thanked Mr. Biden for allocating aid to help rebuild the energy grid and for another defense aid package.

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Right now, Ukrainians in several regions are struggling in the dark amid massive power shutdowns. Mr. Zelenskyy says Odesa has been impacted the most after Russia's latest attacks on the energy infrastructure. CNN's Will Ripley is in Odesa and takes a look at the challenging situation in the port city.

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WILL RIPLEY, CNN SENIOR INTERNATIONAL CORRESPONDENT (voice-over): A race to restore electricity to parts of southern Ukraine this weekend. More than 1.5 million people in the Odesa region alone plunged into darkness at the peak of the outages. Ukraine's president, Volodymyr Zelenskyy, blames the blackouts on Russian self-detonating drones made in Iran.

VOLODYMYR ZELENSKYY, PRSIDENT OF UKRAINE (through translation): After the night strike, the strike by Iranian drones, Odesa and other cities and villages of the region are in the dark.

RIPLEY (voice-over): Ukraine's military says it shot down 10 out of 15 explosive drones Russia fired Friday night. The region's energy authority warns stabilizing the power grid could take weeks, even months.

(On camera): Before the blackouts, the Black Sea and vibrant nightlife made this southern port city a tourist hot spot. With the war came a flood of internally displaced Ukrainians, increasing the population of one of Ukraine's largest cities. Now, this city of refuge is facing regular Russian attacks.

(Voice-over): Odesa's power station also took a direct hit last week when Russia fired dozens of missiles at targets nationwide. An ongoing assault on Ukraine's energy infrastructure that left many Odesans in the dark for days.

(On camera): So, what was that like? No power for three days.

KOSTIANTYN VORONYN, ODESA RESIDENT: No electricity. We have no chance to cook because we have electric cooker. We have no heating because our house has no generator for this.

RIPLEY (voice-over): These parents of three young children look for creative ways to keep the kids occupied.

OLENA VORONYNA, ODESA RESIDENT: We try make some activities for them. For example, music, school.

RIPLEY (voice-over): Just hours after Friday's drone strikes plunged much of the region into darkness, the Odesa philharmonic orchestra gave a candlelight performance. Even a war won't stop the music. Will Ripley, CNN, Odesa, Ukraine.

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CHURCH: Meantime, Ukraine is temporarily changing its ground counter offensive strategy against Russia. The Ukrainian defense minister says rain is hampering movement on the front lines and making it difficult to transfer equipment and vehicles, but he says once the wet ground freezes, troops will resume their campaign to liberate all Russian occupied territories.

We're also learning that heavy artillery fire was reported in the region that sits across the river from the Russian occupied Zaporizhzhia nuclear power plant. A Ukrainian official says at least 30 shells were fired but fortunately no one was killed or wounded. Fears are growing in China that a new wave of COVID cases is building just as Beijing starts to overhaul its zero COVID policy. A top Chinese expert says cases brought on by the omicron variant are spreading rapidly. And while negative COVID tests are still required to enter some public spaces, many people tell CNN they have chosen not to report their positive results. They're opting to quarantine at home instead.

The official total of new cases was down on Sunday in the Chinese capital, but the true number could be much higher than reported. And CNN's Kristie Lu Stout joins me now from Hong Kong. Good to see you, Kristie. So, how is China's roll back of COVID-19 restrictions affecting residents in Beijing and of course elsewhere?

KRISTIE LU STOUT, CNN CORRESPONDENT: Rosemary, in cities across the country, residents are bracing for a surge in COVID-19 infection just as the country is unwinding after three years of this punishing zero COVID policy.

Look, in Beijing, businesses are closed. The restaurants that are open are largely deserted. And according to our colleagues at CNN Beijing, the biggest crowds that they've seen there on the Chinese capital are the lines that are outside pharmacies and COVID-19 testing centers. I want you to listen to this Beijing resident and what he had to say about this new reality in the Chinese capital.

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UNKNOWN (through translation): It's better to just protect yourselves, cover yourselves and don't let the elderly go out too much, that's all.

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LU STOUT: There is a very similar sentiment meanwhile in Wuhan, which is of course, the epicenter of the COVID-19 pandemic about three years ago.

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Very few people are out and about on the streets of Wuhan as residents there are very wary of what's known as an exit wave, a new flare up of COVID-19 infection. Listen to this restaurant owner in Wuhan.

(BEGIN VIDEO CLIP)

UNKNOWN (through translation): Now that things have opened up, it also means the positive cases are all out. No one comes to the restaurant.

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LU STOUT: And as China lets go of its tough zero COVID policy, one of the its top disease experts is speaking out and warning of a surge in COVID-19 infection. According to Xinhua interview with Zhong Nanshan, a top epidemiologist in China, he is making this urgent appeal for China to intensify its COVID-19 booster vaccination drive especially now very critical window ahead of the Lunar New Year travel season, a peak travel season in China which takes place in January. Let's bring up the statement for you.

This according Zhong Nanshan to Xinhua saying, quote, "Preparations need to be beefed up. I suggest those planning to travel back home, get a booster shot so that even with COVID-19 infection they don't become seriously ill," unquote. Zhong added that the fatality rate of omicron is in line with the flu or with influenza effectively down- playing the risk of COVID-19 as the fear sets in of greater infection from the virus with the roll back of restrictions. Back to you, Rosemary.

CHURCH: All right. Kristie Lu Stout, joining us live from Hong Kong. Many thanks.

Well, just ahead, after 26 days and 1.3 million miles traveled, Orion is safely back on Earth. We will discuss the end of the historic Artemis 1 mission and what it means for the future of space exploration. We're back in just a moment.

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CHURCH: 26 days and 1.3 million miles later, NASA's Artemis 1 mission has come to an end.

UNIDENTIFIED MALE: Splashdown, splashdown. From tranquility based, from tranquility based.

CHURCH: After traveling about 32 times the speed of sound during reentry, the Orion capsule splashed down gently in the Pacific Ocean on Sunday, with some mannequins, a Snoopy doll and reams of data onboard. NASA's latest milestone comes 50 years after its last mission to the Moon with Apollo 17.

This first phase of the Artemis program was a critical unmanned test flight, which could pave the way for astronauts to return to the lunar surface and beyond. CNN's Kristin Fisher has more on the mission and what lies ahead.

KRISTIN FISHER, CNN SPACE AND DEFENSE CORRESPONDENT: A textbook splashdown of the Orion capsule in the Pacific Ocean this afternoon ending a successful Artemis 1 mission, the beginning of NASA's new Artemis program. And it happened on such a historic day, the 50th anniversary of the Apollo 17 mission. Those astronauts Gene Cernan and Harrison Schmitt, landing on the Moon.

Now NASA trying to do it again. But it all starts with this first uncrewed test flight. And so, what we saw today was this Orion spacecraft barreling through the Earth's atmosphere at about 25,000 miles per hour, hitting temperatures of about 5,000 degrees Fahrenheit. It's such a critical test for this spacecraft because they can't replicate conditions like that here on Earth. By all accounts, it performed beautifully, but now they are going to have to conduct some final checks once they get this spacecraft out of the ocean, and back to the Kennedy Space Center. But for a program, a rocket, a spacecraft, a mission that has encountered, so many delays, so many setbacks, including getting hit by a hurricane, just five days before liftoff.

Today, the moment that NASA has been hoping for and really paving the way for Artemis 2 and Artemis 3 when Americans and perhaps astronauts from other countries in the world return to the surface of the Moon for the first time in about half a century.

Kristin Fisher, CNN, Washington.

CHURCH: And still to come, it is the most contagious time of the year in the United States. I will speak with an expert about what Americans can do to stay out of the hospital as beds fill up with patients. We'll have that and more just ahead.

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CHURCH: Welcome back, everyone. A trio of seasonal viruses is currently wreaking havoc on the U.S. healthcare system, surging cases of the so-called tripledemic, meaning COVID-19, RSV, and the flu are affecting millions of Americans and putting a strain on hospitals across the country.

New data from the U.S. Centers for Disease Control shows at least 13 million flu-related illnesses, 120,000 hospitalizations, and more than 7,000 deaths, all linked to the flu so far this year. The CDC also says all but seven U.S. states are seeing high or very high respiratory virus activity. And a CNN analysis shows more than 80 percent of hospital beds across the U.S. are currently in use, meaning hospitals are more full now than they've been at any point in the pandemic so far.

Anne Rimoin is a Professor of Epidemiology at UCLA. She joins me now from Los Angeles. Great to have you with us.

ANNE RIMOIN, PROFESSOR OF EPIDEMIOLOGY, UNIV. OF CALIFORNIA, LOS ANGELES: Thanks for having me, Rosemary.

CHURCH: So, the COVID pandemic isn't over yet. And now public health officials are worried about what some are calling the tripledemic made up of COVID, flu and RSV. How big a threat could this prove to be given we're already seeing record rates of hospitalizations and empty pharmacy shelves right here in the United States?

RIMOIN: The thing that we worry about when we see so many cases of all three viruses surging at the same time is what's going to happen with our hospitals. Are they going to be able to have enough beds? Are the ICUs can be overwhelmed?

And, of course, the toll on the population, you know, all of these viruses occurring at the same time, circulating is really going to make it very complicated. A, for people to know what they have, b, to know what to do when they're not feeling well, and, c, put a strain especially on these ERs when people go in to try and find out what's going on.

CHURCH: Yes, that is a big problem, isn't it? And what should we all be doing right now to protect ourselves against this threat of three potentially deadly viruses, particularly, as holiday travel approaches?

RIMOIN: Well, here's some good news. A lot of the mitigation measures that you use for COVID-19 are going to work really well with influenza and RSV. In fact, RSV and influenza are less contagious, they are not as easily spread through the air. So wearing a mask in crowded public spaces is going to make a very big difference.

If you can, if you're in a place where you can dine outdoors, dine outdoors, it definitely will help going to be having parties. Try and socialize more outside than inside. Not possible for everybody, but do it if you can. Well ventilated spaces if you are indoors, that's also going to be very, very helpful.

And now we're going to go back to something that we haven't talked about a lot with COVID-19 recently, but hand washing. Hand washing is particularly important for RSV. And for fluid that can stay on surfaces for a period of time. And then --

CHURCH: Right.

RIMOIN: -- the testing. Testing works for COVID-19. We have tests that are available, so you can use those tests to be able to find out people's status before you gather. I'm going to tell you, I just recently had dinner with -- or was planning to have dinner with a friend. We tested beforehand. She tested positive for COVID and was actually symptomatic the next day. So, lots of things to do.

CHURCH: Yes, absolutely. And, of course, when it comes to COVID, many people seem to think the pandemic is behind us. And even though a large portion of the U.S. population have had some of their COVID shots, not many have opted to get the fifth COVID-19 boost. So that covers more recent variants of the virus. What would you say to those people who haven't yet received that fifth shot?

RIMOIN: Well, we know that the vaccines don't give us immunity for an extended period of time, so it's a really good idea to get that booster. Also, these boosters are targeted towards the Omicron variants that are now circulating. So they they do offer very good protection.

[02:40:06]

This is also very important to remember that flu vaccines are important, and that uptake rates have been very low for influenza as well. So, get your COVID vaccine, get your flu vaccine. Those are great defenses against severe disease, hospitalizations, deaths, protecting you, protecting the people around you, and add those mitigation measures, they will make a difference.

CHURCH: And efforts are underway right now, in fact, to combine the COVID and flu shots into one. How big a difference do you think that we'll make in ensuring more people are protected from severe illness or death due to COVID and flu? Of course, that's not available yet. There is very early stages, but once that is available.

RIMOIN: I think it's going to be a terrific move forward. People there are very fatigued, getting vaccines and going back for a second vaccine or trying to space them out can be very complicated for people. So I think that the easier we make getting vaccinated for people, the better off it's going to be.

CHURCH: Anne Rimoin, always a pleasure to chat with you. Thank you so much for your analysis.

RIMOIN: My pleasure.

CHURCH: And for our international viewers, World Sport is coming up next for everyone else. Do stay with us. I'll be back with more news in just a moment.

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