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Biden To Sign Bill Protecting Same-Sex & Interracial Marriages; DOJ: Founder Used FTX Fund To Make Millions In Political Donations; COVID, RSV, Flu Drive Surge In Hospitalizations Across U.S. Aired 3- 3:30p ET

Aired December 13, 2022 - 15:00   ET

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

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VICTOR BLACKWELL, CNN HOST: Top of a brand new hour on CNN NEWSROOM. It's good to be with you. I'm Victor Blackwell.

BIANNA GOLODRYGA, CNN HOST: And I'm Bianna Golodryga. This hour, we expect to see President Biden sign a historic bill into law, the Respect for Marriage Act.

It was passed last week by Congress. And once signed, it will require the federal government to recognize the validity of same-sex and interracial marriages.

BLACKWELL: It will, at the same time, repeal the Defense of Marriage Act which was signed by former President Clinton in 1996.

CNN's Don Lemon joins us live from the White House, the South Lawn there. And Don, of course, that 1996 law received a vote from then Senator Biden supporting DOMA.

DON LEMON, CNN ANCHOR THIS MORNING: Yes, it certainly did. And this is part of his personal evolution, if you will, on the - on same-sex marriage and really on gay rights.

Listen, Victor and Bianna, it's good to be on with you. I wasn't supposed to be reporting today. But since I'm here as invited guest and I just wanted to take in the services, CNN pressed me into service and here I am. And you can hear the Gay Men's Chorus of Washington, D.C. finishing up one of their songs they had been singing and they're going to continue on and there's a special guest, which is Cyndi Lauper.

But yes, everybody's laughing because dancing queen just came on after the choir, just saying. But listen, it was - you're right, it has been - this has been a decade in the making as everybody last year and you know why, it's apropos. So Joe Biden on that historic interview on Meet the Press 10 years ago really changed the game when it comes to same-sex marriage, voicing his support, what he says was civil rights and civil liberties for all which pushed the Obama administration into supporting same-sex marriage and here we are a decade later about to codify it into law. (BEGIN VIDEO CLIP)

LEMON: You're comfortable with same-sex marriage now?

JOE BIDEN, THEN-VICE PRESIDENT OF THE UNITED STATES: I - look, I am Vice President United States of America. The President sets the policy. I am absolutely comfortable with the fact that men marrying men, women marrying women, and heterosexual men and women marrying another are entitled to the same exact rights, all the civil rights, all the civil liberties.

(END VIDEO CLIP)

LEMON: And the former President Barack Obama, who was in office at the time, saw his Vice President on television doing that and said, you know what, he was - he got a little bit ahead of his skis, but it was all for a goodness in spirit.

And again, as I said, that force the Obama administration into supporting same-sex marriage and it changed the trajectory for a lot of gay people in the country. I just have to say that it is amazing to be here, to see thousands and thousands of people who are here at the White House who are streaming in through the mall and the former vice president who is now the President of the United is going to sign this bill. It's kind of poetic that it's happening and it's on his watch.

GOLODRYGA: And so special for you to be there, Don. Sorry, we made you record as well, but I feel like this is a moment that you didn't want to pass up to talk about the significance of it and the fact that this was a bill that was voted and passed in a bipartisan manner.

LEMON: Yes.

GOLODRYGA: Talk about the people who are there and who the President has invited to the ceremony.

LEMON: Well, the most important person who's here for me is my fiance who's standing right behind the camera. And I have to tell you, we just, a couple of months ago - a couple of weeks ago went to get our marriage license. We got engaged just not long before COVID happened and we got - planning our wedding and it got sidetracked.

And so just a couple of weeks ago, like everybody else, we wanted to go to city hall. We went to city hall, we got our marriage license. It expires on December 18th. So if we're not married by then, then we'll have to go back and do it again.

And the same thing with this one, I got the invitation from the White House, I said that I wanted to come and I wanted to experience it like everyone else. When I got to the gate, they're like, "Mr. Lemon should we have Jamie (ph) come get you?" I said, "No, we waited in line for an hour with thousands and thousands of people.

But Cyndi Lauper is going to be here. We've seen a bunch of people who are high profile members of the LGBTQ community, people who are part of the Obergefell lawsuit will be here. Edie Windsor's widow will be here and many, many more just witnessing this, even the council for Loving versus Virginia way back in 1967, they will be here as well.

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GOLODRYGA: Well, I wasn't trying to throw you a trick question, but you answered correctly there and throwing to Tim is the most important there - person there with you. Congratulations to the both of you, Don.

LEMON: Thank you.

GOLODRYGA: And stay with us.

We want to bring in CNN Political Commentator, Errol Louis. He is a columnist for New York Magazine and CNN Senior Political Correspondent, Abby Phillip.

Abby, let me start with you. And just pick up on the point that we were making there and that Don so eloquently made, as well. And just the trajectory that the country has gone on over the past 10 years that you see, the Supreme Court stepped in with the decision, a shocking decision over the summer and lawmakers from both parties quickly coming together to help codify this piece of legislation.

ABBY PHILLIP, CNN SENIOR POLITICAL CORRESPONDENT: Yes. I mean, how far we have come from the days of the Defense of Marriage Act, which this new - soon-to-be law basically undoes in terms of what it aims to do and some of it has to do with just the American people going beyond where our politicians have been.

When you think about Joe Biden back in 2012, making that statement on Meet the Press, the reason he got there before the sitting president, who at that point was - needed to run for re-election was because the politics of coming out in favor of gay marriage was not totally clear at the time.

And since then, there have been Supreme Court cases, the Obergefell case and the American people have basically said that we have moved on beyond this. I think that there is a - there has been a sea change in the public that has driven the politics on it.

And even though there is an effort right now on the right, to move things back in the other direction, I think that that is going to come up against the reality that many Americans, perhaps most Americans have someone who is an LGBTQ person in their lives and doesn't see any need to go back to the days of the mid 90s, in which gay marriage was illegal basically across the country.

BLACKWELL: Errol, to Abby's point here, let me put up these numbers. This is from the annual Gallup Values and Beliefs poll, 1996, the year that the Defense of Marriage Act was signed, support for gay marriage in the United States was at 27 percent. This year, 71 percent.

The Evolution, we've talked about the now-president's evolution on this issue, but the country has come around to love Islam (ph).

GOLODRYGA: Yes. ERROL LOUIS, CNN POLITICAL COMMENTATOR: Absolutely. Let me give you a

few more numbers. The American Community Survey, the Census Bureau, they reported as of several years ago, 980,000 people for in same-sex marriages or I should say relationships, most of which were actually marriages.

When it comes to interracial marriage, likewise, back when Loving was passed, the ruling was handed down in 1967, only 3 percent of marriages were interracial. The equivalent number now is something like 20 percent and you're talking about 11 million people.

So politicians can count votes. That's the way it works in a democracy. The people have moved on. And we saw so many contests in the last couple of cycles that were decided by, what, 80,000 votes, 30,000 votes. When you're talking about hundreds of thousands and even millions of households, we're in no position as a country to simply walk past that and I think that's what led us to this signing today.

GOLODRYGA: Don, it sort of wraps up what has been a rather successful few months for the President signing this legislation into law. And let's go back to what has happened since September. He's passed the Inflation Reduction Act, a stronger than expected midterms, the lower prescription drug prices there, Brittney Griner's released from Russia, the Respect for Marriage Act has to been signed today and he's had some strong performance on a national - international stage as well. He still has a unified support from allies and war in Ukraine and he had that strong meeting with President Xi at the G20 where - would describe the temperature having been lowered between the two, even his approval rating while still low, has crept up. Talk about this momentum that he has now as we end the year and he's hoping to keep the government open.

LEMON: Under promise and over deliver, right? It's a cliche, but it's true. And I think that is what Joe Biden is doing. And many people - many pundits, political pundits, especially those on the right and people in media have been very critical of Joe Biden and wondering if he was governing or legislating from a bygone era when he was a senator or when he was vice president and that era just didn't exist anymore.

But through bipartisanship, which was his promise coming into office when he was running for office, he said through bipartisanship I want to bring the country together and I want to get things done.

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And it appears - not it appears, the evidence shows that is exactly what he is doing. So outside - I have to say, outside of the political realm, because we tend to - Bianna, and Abby, and Errol and Victor - we tend to look at things through a political lens, left versus right pretty much. I guess that's we've been trained as American people.

Today is not about left versus right. Today is about rights and civil rights for all people. And for those of you - you mentioned, for those people who are on the right who are opposing this, I would urge them to think about themselves and members of their family and people they love not having the rights under the Constitution that are guaranteed for all people. Think about those rights, think about them in their own marriages or not being able to be married, not being able to have the families that they have or the homes that they have or the tax breaks that they have and really think about it.

That is the evolution that Joe Biden has gone through over the last decade and pushing the former Obama administration into the acceptance of gay marriage and to supporting it and actually now getting it codified.

BLACKWELL: Well said, Don Lemon there at the White House - of course, we're going to bring to you, the President when he signs the Respect for Marriage Act this hour. I'd be remiss if I didn't point out. I think we heard a Lizzo (ph) there. I think Ms. Ross is singing now, I'm Coming Out.

GOLODRYGA: I mean, why do we need to go anywhere? I mean, we could sit here.

BLACKWELL: We could really just listen to the ...

GOLODRYGA: And just listen and dance ...

BLACKWELL: ... to the playlist there at the White House.

GOLODRYGA: ... dance all day.

BLACKWELL: But we'll come back. We'll bring it to you when it happens, thank you guys.

GOLODRYGA: Also, this just into CNN. We are learning the January 6 Committee investigating the Capitol riots will hold its final public hearing this coming Monday.

BLACKWELL: And the full report will be released two days later.

CNN's Manu Raju joins us from Capitol Hill, so what are the details you're learning?

MANU RAJU, CNN CHIEF CONGRESSIONAL CORRESPONDENT: Yes, that's right. December 19th is the first day to mark on your calendar. That'd be the final public meeting of the Committee there. In that meeting, they're going to actually present the report that they have come up with over - roughly two years of investigation and that - that'll include referrals, criminal referrals that the Committee plans to move forward or suggest for the Justice Department to move forward with, as well as other referrals, potentially ethics committee referrals and other types of categories of referrals.

This is according to Congressman Bennie Thompson, who's the chairman of the Committee, suggesting there could even be a referral to the American Bar Association. We'll see the details as we learn about this on that day, December 19th is the day.

We actually have a vote to adopt the report that they have come up with that details all of the Committee's findings so far and then to present that criminal referrals then. Two days later on December 21st, that is when of the public will see the full report, all of the details that they have come up with over the past year and a half to two years of this investigation. That is what we'll learn on December 21st.

We'll see some transcripts also of the more than thousand witnesses that have been - come before this committee behind closed doors, additional transcripts will be released in the days ahead. But this will be the final moment of this committee of detailing everything they laid out, detailing Donald Trump's role in January 6th and whether or not they will, in fact, refer him to criminal prosecution to the Justice Department to decide what to do, so big moment, December 19th, the first day as this committee wraps up its work, guys.

GOLODRYGA: We just talked about the accomplishment for President Biden that he's now signed into law, the Respect for Marriage Act, and better than expected economic data out today. But he doesn't want to cap it all off with the government shutdown, are we hearing any indications about lawmakers getting closer to a spending deal? Is there a top line figure yet?

RAJU: Yes. Mitch McConnell, the Senate Republican Leader just told reporters that they're "very close" to getting a large scale spending agreement that would fund the entire federal government from this past September all - October 1st all the way till next October 1st, a full year deal dealing with a whole range of issues, including funding for Ukraine, additional $37 billion for Ukraine.

It's unclear exactly what that top line dollar number. They've been talking about $1.75 trillion. They've been talking about also folding in some other key policy issues, including overhauling the electoral count act to prevent another January 6 from coming forward.

But there's still some complications, one of which is that the House Republicans are steadfastly opposed to this, including the Republican Leader Kevin McCarthy who said earlier today that he's "hell no" on this omnibus package. I asked him about McConnell's comments just moments ago. He did not take aim at McConnell and instead criticize Democrats.

But right now since Republicans are still in the minority in the House, they don't need Republican support in the House, which is why it's expected to pass the House if they get this through. The question will be in the Senate and whether they can get an agreement for a quick vote before the new deadline will be December 23rd to avoid a shutdown.

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So still some hurdles to overcome, but optimism from top Republicans that a deal could now be within reach, guys?

GOLODRYGA: Sounds familiar, because we are here almost every year around this time trying to keep the government open. Manu Raju, thank you. A judge in the Bahamas today is holding a hearing for Sam Bankman-

Fried, the 30-year-old founder of cryptocurrency exchange, FTX. He was arrested there on U.S. charges for the billion dollar collapse of his company. A million of its depositors have been unable to access their money.

Now, these indictments that allege he committed fraud and conspiracy came down on the same day the Securities and Exchange Commission filed civil charges against him.

BLACKWELL: Federal prosecutors allege Bankman-Fried funneled billions in FTX clients' money into a hedge fund called Alameda Research to bankroll lavish expenses and more.

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DAMIAN WILLIAMS, U.S. ATTORNEY, SOUTHERN DISTRICT OF NEW YORK: We charge that Bankman-Fried violated federal campaign finance loss by causing 10s of millions of dollars in illegal campaign contributions to be made to candidates and committees associated with both Democrats and Republicans.

These contributions were disguised to look like they were coming from wealthy co-conspirators when, in fact, the contributions were funded by Alameda Research with stolen customer money.

(END VIDEO CLIP)

BLACKWELL: Here with us now, CNN's Kara Scannell and CNN Senior Legal Analyst, Elie Honig. Elie was Assistant U.S. Attorney for the Southern District of New York, the specific office prosecuting the criminal case, so of course, we're going to lean on that expertise in a second, but let's start with Kara.

Both civil and criminal prosecutors held that news conference, we saw that U.S. attorney there, Damian Williams, and they talked about how quickly this case has come together and is moving forward.

KARA SCANNELL, CNN REPORTER: Yes. Victor, that's right. I mean, Damian Williams, the U.S. Attorney for Manhattan said that this was an all hands on deck situation in their office. They moved swiftly. Remember that FTX had filed for bankruptcy in November. That's when Bankman- Fried was essentially ousted from the company that he founded and they alleged that this was a vast scheme.

According to the SEC, they say that it began very much from the inception of this company back in 2019 and there were multiple schemes alleged here. One of them was that Bankman-Fried allegedly stole billions of dollars out of customer accounts that he transferred to the hedge fund, and then use that to fund his personal expenses, like you mentioned, luxury real estate. Also allegedly took out $1.3 billion in personal loans and then funneled additional parts of that money into political donations.

And that is an area that the U.S. Attorney said that he believes that one of the motivations here was that Bankman-Fried was trying to buy bipartisan influence in Washington to affect public policy. Of course, the crypto industry is a nascent industry, it is unregulated and there's a lot of people trying to jockey to try to influence how that is.

So the U.S. attorney saying here that that was part of the motivation for why he acted. And they said that this fraud began in the beginning and if we can listen to what the SEC's Chief of Enforcement had to say about what happened when the crypto market started to crater this spring and Bankman-Fried double down.

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GURBIR GREWAL, DIRECTOR OF ENFORCEMENT, SECURITIES & EXCHANGE COMMISSION: Bankman-Fried's entire house of cards started to crumble as crypto asset prices plummeted in May of 2022 and as Alameda's lenders demanded repayment on billions of dollars in loans. But to continue propping up his empire, we allege that Bankman-Fried diverted billions more in FTX customer assets to Alameda.

(END VIDEO CLIP)

SCANNELL: Now, Damian Williams, U.S. Attorney, also saying that for any victims out there, they should contact the office and come forward. He also said anyone who worked at FTX, who has not already been in contact with the office, he's encouraging them to do so before they go out and find them. And Williams said that it is fair to say that this is one of the biggest financial frauds in American history.

GOLODRYGA: They also call for those elected officials to whom he gave money to get that money back as quickly as possible if they haven't already. Kara, stay with us. Elie, let me turn to you.

So eight criminal charges here filed by the DOJ, I would imagine their number one goal is to prove intent, from what you heard and from what you've read, can they?

ELIE HONIG, CNN SENIOR LEGAL ANALYST: The indictment looks strong to me. Look, heading into this, the big question was, is this fraud or is this incompetence, and the answer, it turns out is both and that's why we've seen criminal charges which goes to the fraud, the misstatements, the statements to investors that your money is going to stay in FTX. We're not going to mess with it. Instead, as Kara just laid out, it was put into this Alameda group and then used to buy property and to give political donations.

But there's also an element of incompetence and that's where the SEC comes in, the second speaker we saw there who's now filed a civil action that basically says there were no controls on this institution. This was utterly irresponsible, it was run amok and so that's why Sam Bankman-Fried now has two problems. The criminal problem, of course, being the bigger one.

BLACKWELL: Yes. SPF right now, there's this hearing in NASA. We've learned that he is not going to waive this extradition hearing. Does that suggests he's going to fight extradition and then what's all that mean? [15:20:02]

HONIG: There's a very interesting strategic dance that happens around extradition which is when somebody who's wanted in the United States gets arrested in another country.

BLACKWELL: Yes.

HONIG: We do have a treaty with Bahamas, so he will be capable of being sent back here. Now, you can either agree to extradition, if you're a defendant, or you can fight it. It looks like Sam Bankman- Fried is going to fight it. There's no way he's going to beat it, you have to basically show the indictment was defective, but what that means is he may now have a series of hearings in Bahamas and it can take a while. I've had extradition fights that have taken years, not to say this one will take years, each one stands on its own.

But if and when he arrives back here in the United States, he sends a pretty clear message to prosecutors, which is I'm going to fight you and that's going to make prosecutors less likely to bargain with him to think of him as a cooperator and may even cause prosecutors to ask to lock him up with no bail pending trial because they're going to say, we don't trust the guy. He's got assets. He's got connections and he fought us on extradition.

BLACKWELL: Yes.

GOLODRYGA: Listen, he can sure talk. How many interviews has he given over the past couple of weeks too?

BLACKWELL: His lawyers would say too many.

GOLODRYGA: Too many.

HONIG: Yes. He's hurting himself, for sure.

GOLODRYGA: Elie Honig, Kara Scannell, thank you.

Well, as COVID, RSV and flu cases rise sharply across New York City officials now say it's time to put your mask back on. I'll speak to the city's health commissioner next.

BLACKWELL: Also ahead, the Homeland Security Secretary is heading to the border after more than 2,400 migrant crossed into the U.S. each day over the past weekend. We'll tell you what's driving that surge.

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GOLODRYGA: This year's flu season ramped up faster than health officials had expected. Now, on top of that, we're seeing skyrocketing cases of RSV and in some parts of the country COVID-19 infections are on the rise. The viral onslaught has already prompted several big cities like Los Angeles and New York to urge residents to mask up again. Dr. Ashwin Vasan is the New York City Health Commissioner and joins me

now. Dr. Vasan, and thank you so much for taking the time to come on with us.

So just in the past two weeks alone, the rate - the rise in COVID cases now has increased over 50 percent, flu cases are up 60 percent and hospitalization rate is up 20 percent. This is before the next two busiest weeks of the year. How concerned are you about what's to come in the next few weeks?

DR. ASHWIN VASAN, NEW YORK CITY HEALTH COMMISSIONER: Yes, we're concerned. We are certainly seeing the triple-demic play out. We're seeing unprecedented rates of flu, RSV and rising rates of COVID, which is why we issued the advisory to wear masks as we enter this time of gathering and congregation, our holidays. We want everyone to have a holiday that's been snatched from us the last two years, but the best way to do so as you're going about your shopping as you're getting ready for that big dinner, before you end up in your house with your family members is to wear a mask when you're out and about in crowded public settings, especially indoors and to get tested frequently get treated if you test positive. And if you aren't up to date on your bivalent booster, do that too.

GOLODRYGA: So you issued this advisory and it's pretty wide reaching. I mean, it's in shopping malls, it's in schools, it's in workplaces, in elevators and it includes those who have been vaccinated for both COVID-19 and the flu. But we should note it's also voluntary. Do you see a scenario in which that could turn to mandatory?

VASAN: Well, look at COVID is with us, we are in the COVID era, we're going to learn - we're learning how to live with it. And I think over the last couple of years at the height of the COVID emergency, people's perception of public health has been - it's all about rulemaking and it's all about mandates and rules and regulations.

We actually do a lot even more in public health, that's about guidance and communication and information and science and empowering people to make the safest and best decisions they can and giving them access to care to make those decisions. We're also distributing masks all throughout the city.

And so that's where - that's the stage we're in, we're here and my job as the city's doctor is to give people the best advice they can to navigate this holiday season as safely as possible.

GOLODRYGA: Listen, just anecdotally, though, I'm not seeing that many people mask up at least not yet. I was at the hospital today, I had my annual checkup and there, yes, I saw patients and doctors, once again, all fully masked up. But outside of that, I'm just curious, what is your message to those people who say, listen, I want to get on with my life. I have been vaccinated. I followed all of these guidelines.

And for parents of young children, they want their children to have an experience that they're - that they deserve in schools without masks. What is your message to those people? VASAN: Look, there are still people getting severely ill from COVID,

dying from COVID hospitalized from COVID, most of those people are older people, above 65, people who are under vaccinated or unvaccinated. But we know that COVID doesn't respect any of those boundaries, right? We know that masks reduce transmission and we also know we're facing flu and RSV surges that we haven't seen in previous years.

So wearing a mask is not about an all the time thing, it's about just making smart choices when you're out in public, when you're in these crowded settings. Wear a mask. Especially just to get us through this holiday season where we know risk will be higher as we all gather and celebrate with our loved ones.

GOLODRYGA: How are hospitals in the city thus far faring?

VASAN: We're certainly seeing an uptick in hospitalizations. We're experts. Our hospitals have become expert in managing staffing and managing capacity, so we aren't seeing the critical shortages in staffing or the threat to our ICU capacity. that we've seen in previous waves of COVID.

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