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Argentina Takes Down France in 2022 World Cup; January 6th Committee Expected to Make Criminal Referrals Against Trump Monday; Twitter Bans Users from Promoting Other Social Platforms; Early Endorses of Former Crypto CEO Face Fresh Legal Scrutiny. Aired 4-5p ET

Aired December 18, 2022 - 16:00   ET

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

[16:00:40]

JIM ACOSTA, CNN HOST: You are live in the CNN NEWSROOM. I'm Jim Acosta in Washington.

And what a match, and arguably the best World Cup final ever. Argentina took down defending champion France in a shootout after ending regulation time tied 3-3. Unsurprisingly Lionel Messi carried Team Argentina on his shoulders throughout the tournament. This marks the 35-year-old's fifth and final World Cup appearance, but his very first victory.

And you are looking live right now, the city of Buenos Aires beyond elated. A roar rising up from the city that probably can be heard from outer space. Thousands of fans flooding the streets to watch their team make history.

Children cheered, grown men cried, and right in the middle of that loud celebration is where we find CNN's Stefano Pozzebon.

STEFANO POZZEBON, CNN CORRESPONDENT: Jim, most of the people around me, looking at their faces I have never seen Argentina win the FIFA World Cup. They've waited for more than 36 years, since 1986, when the Diego Armando Maradona, the great Diego, won against great Germany. This time, it's not Diego. His heir, Lionel Messi, the (INAUDIBLE) who went through Spain to learn how to play soccer at Barcelona Football Club and who came back as the prodigal son to bring the cup back to Buenos Aires.

And you can tell that the city is really now bustling with joy, bustling with pride. Yet again pride of being Argentinian and it will be a party that will last throughout the night. And even more tomorrow, on Monday, as the Argentinian national football team will come back here to Buenos Aires with the cup and the trophy that they won in Qatar.

This is a national team that really has been able to capture the spirits of this nation. There are 45 million Argentinians in love with their national football team. It's been years of suffering, years of defeat, and now, finally, Messi was able to do the trick and by leading the national team to the victory against France was able to just let the party commence here in Buenos Aires -- Jim.

ACOSTA: All right. Congrats to Argentina and to Stefano for getting through that report.

After some 18 months of investigating, what led up to the attack on democracy on January 6th, it all comes down to this. Tomorrow the House January 6th Committee will open a new chapter as their work culminates in criminal referrals as they're expected at this point for former President Donald Trump. The House committee is expected to refer at least three charges including insurrection, obstruction of an official proceeding and conspiracy to defraud the federal government.

But it's not just Trump. The panel is also going to go beyond that, beyond the former president and his actions, looking to the lawmakers and the officials who supported his claims, enabled him and allowed January 6th to unfold.

(BEGIN VIDEO CLIP)

REP. ADAM SCHIFF (D-CA): We will also be considering what's the appropriate remedy for members of Congress who ignored a congressional subpoena as well as the evidence that was so pertinent to our investigation and why we wanted to bring them in. So that will be something we'll be considering tomorrow. You know, we have weighed what is the remedy for members of Congress? Is it a criminal referral to another branch of government or is it better that Congress police its own?

(END VIDEO CLIP)

ACOSTA: And joining me now is CNN senior legal analyst and former federal prosecutor Elie Honing.

Elie, a big day tomorrow, but as we all know, we've been saying this time and again, these referrals are not legally binding, but how do you think the Justice Department will treat them in the context of the investigations they already have under way? And I suppose I'm also interested in just the reaction from the attorney general. He's kept his cards close to the vest for many months now.

ELIE HONIG, CNN SENIOR LEGAL ANALYST: Right, Jim. So, as you said, these criminal referrals are not binding on prosecutors in any way. That said, I assure you prosecutors will be going through these referrals very, very carefully because we know that DOJ is investigating Donald Trump.

[16:05:045]

We know DOJ wants this evidence. They've been asking for it publicly. Merrick Garland at his last public statement a couple of weeks ago said please give us all the evidence, Committee. We need it for our investigation.

And we also know, Jim, that the committee has uncovered several pieces of important evidence, either before DOJ got there or perhaps the DOJ didn't even have. For example, we know the committee got Cassidy Hutchinson's testimony, they got Pat Cipollone's testimony, they got thousands of texts from Mark Meadows. So if I'm back at DOJ I'm eagerly anticipating not so much the referral but the actual evidence itself.

ACOSTA: And when it comes to the charges being considered against Trump, obstruction of an official proceeding, conspiracy to defraud the United States, and insurrection, how high is the bar for those charges in a court of law? It's one thing for Congress to recommend these charges, another thing obviously for prosecutors to pursue them.

HONIG: Right, Jim. So the legal textbooks say that in order to indict a case all you need to do is show probable cause. That said, real prosecutors have guidance, including at DOJ, saying you should never charge a case unless you believe you have proof beyond a reasonable doubt because ultimately that's what you're going to have to prove to a unanimous jury. That is the highest standard under our laws.

And the reality is if you're thinking about a charge against Donald Trump or some other powerful person that will get more scrutiny within DOJ than a charge against a normal person without question. And I think when we look at these three charges that the committee may be voting on tomorrow, obstruction and conspiracy are sort of no surprise. DOJ has already gone on record with a judge saying they believe they have some evidence of that.

Insurrection is new. That's really interesting. I don't know that DOJ ultimately will be interested in that because it's so difficult to prove. But that's a new sort of element to the whole mix here.

ACOSTA: And Elie, beyond Trump, they're also considering how to hold Republican lawmakers accountable for defying those subpoenas during the investigation. Those lawmakers essentially thumbed their nose at the committee throughout this process. You and I have talked about this many times. You and I get a subpoena, we comply with that subpoena. These lawmakers did not in some cases. What do you think is the most likely scenario?

HONIG: I'm not holding my breath waiting for much from the committee here. The reality is, as much good and important and tough work as the committee has done, they've gone light on their colleagues. There's just no way around that. They subpoenaed kevin mccarthy, Jim Jordan, three other members of the House who completely blew off those subpoenas.

Now other people who defied the subpoenas were referred for criminal attempt. Some of -- Steve Bannon is going to serve jail time because he did that. There's no question here the committee has gone light on its own colleagues. There's just no way around that. They may refer to the Ethics Committee or some slap on the wrist, but the reality is kevin mccarthy and Jim Jordan are going to stay quiet and they're going to get away with it.

ACOSTA: And Elie, late yesterday we learned that the Georgia special grand jury investigating Trump's efforts to overturn the state's election results is winding down, is now writing its final report. A lot of people have wondered what more do you need other than a phone call of Trump strong-arming the secretary of state to find 11,000 some odd votes.

I know you don't think it's a slam dunk, but this is interesting that we're getting close to the end of this investigation. You and I have talked about this. There are Trump folks I've spoken with who have said this is one investigation they do worry about.

HONIG: Yes, Jim. I don't think there's smoking gun or slam dunk here. I think that call is an important piece of evidence for prosecutors. They think it's probably the best piece of evidence they have, but there's no such thing as an automatic conviction. Like I said before anyone who's tried cases knows that it's never easy to prove someone's guilt beyond a reasonable doubt to a unanimous jury, never mind a person like Donald Trump who is at once both widely loved and widely hated, it makes it even more difficult to get to unanimity.

But, Jim, I do think that the signs are clear that the Fulton County D.A.'s investigation has been accelerating in the last few months and I think they're going to have to make a decision very, very quickly about whether they do or do not indict. I think we're going to know that certainly within the next month or so coming into 2023.

ACOSTA: All right. Very good. Elie Honig, thanks so much. Appreciate the time. Happy holidays.

HONIG: Thanks, Jim. All right.

ACOSTA: All right. Joining me now CNN political analyst and Washington bureau chief for "The Grio," April Ryan, and CNN political commentator and former Republican congressman from Pennsylvania Charlie Dent.

April, tomorrow we expect Trump to be referred to the Justice Department for criminal charges. I mean, that is a significant moment. We're going to end the day tomorrow, every newspaper in the country, all of the networks, they're going to be reporting on this. That is a big moment.

APRIL RYAN, CNN POLITICAL ANALYST: It's a huge moment taken from the words of former President Donald Trump. At the end of the day, the January 6th Committee, Democrats and Republicans, who comprised this committee, succinctly put together evidence linking in what they believe Donald Trump to January 6th insurrection that happened, a historic moment, something that never happened in this nation's history before.

[16:10:00]

And what we understand from committee members to include someone that I've talked to on numerous occasions throughout the course of this committee hearing, Bennie Thompson, the head of the January 6th Select Committee, he said, look, he said, if nothing, we have produced enough evidence to make Merrick Garland look hard and even maybe go further than what he had planned to because of this. And this is what he said, we have pushed him to a further point to look and to maybe act.

So let's see what happens after these recommendations happen because we know that there will be recommendations. But what's next after that. That's the issue.

ACOSTA: Right. And that's what we're all waiting to find out, no question about it.

RYAN: Yes.

ACOSTA: And Charlie, since the former president announced his third presidential bid about a month ago, he's dined with antisemites, he said he wanted to terminate the Constitution, there were those newly found classified documents. The list goes on. How would a criminal referral to the DOJ from the Congress, from the January 6th Committee, impact his candidacy, do you think? It's not going to affect the base, it doesn't sound like it.

CHARLIE DENT, CNN POLITICAL COMMENTATOR: Well, I'm not so sure how much the actual referral will mean to his candidacy. What will matter is whether or not the DOJ actually brings charges against the former president. I certainly think that would have an enormous impact on his candidacy.

Look, a lot of his voters, his base voters, have been willing to overlook and forgive a lot of sins, but criminal referral, if the former president were to be indicted, I mean, that might be a bridge too far for a lot of people, certainly those on the edges who might have voted for him, but weren't crazy about his personality or his conduct, I think this would further drive them away and it seems to me that he is a diminished figure in so many ways.

And he's been diminishing for some time, you know, even before the most recent election. He's been diminishing. But he's still a dangerous figure. We all know that. But I think this will just further weaken him any whiff of indictment.

ACOSTA: And April, I have to ask you about this. What Trump had called a major announcement turned out to be not so major, turned out to be an NFT for digital trading cards. Let's take a look at that.

(BEGIN VIDEO CLIP)

DONALD TRUMP, FORMER PRESIDENT OF THE UNITED STATES: My official Trump digital trading cards are $99, which doesn't sound like very much for what you're getting. Buy one and you will join a very exclusive community. It's my community. And I think it's something you're going to like and you're going to like it a lot.

(END VIDEO CLIP)

ACOSTA: And April, that prompted this not-so-impressed reaction from two of the former president's closest allies. Let's watch that.

(BEGIN VIDEO CLIP)

STEVE BANNON, ADVISER TO FORMER PRESIDENT TRUMP: Whoever -- what business partner, and anybody in the comms team and anybody at Mar-a- Lago, and I love the folks down there, but we're at war. They ought to be fired today. SEBASTIAN GORKA, ADVISER TO FORMER PRESIDENT TRUMP: Never should have

happened. I mean, look, it's fun, it's hyperbolic, but whoever wrote that pitch should be fired and should never be involved in any -- I don't want them making the presidential napkins for Mar-a-Lago.

(END VIDEO CLIP)

ACOSTA: April, when you've lost Steve Bannon -- April, what do you think about that?

RYAN: When you lost Steve --

ACOSTA: She froze. Charlie --

(CROSSTALK)

DENT: Yes. I'll tell you on that one, Jim.

RYAN: I'm here. I'm here.

DENT: Sorry. Go ahead, April.

ACOSTA: April, go ahead.

RYAN: Yes. Let me say this. Steve Bannon and Donald Trump have been close for many years, and when they couldn't talk together, they were talking through their lawyers. But now here's the piece, Donald Trump is now more of a caricature of himself than he ever was before, and he is now playing to the base that believes he's a hero. He is playing to the base that thinks he can do nothing wrong.

But this is the worst thing to do in this moment. And Steve Bannon is absolutely right. He needs to be working on trying to figure out what's going to happen next and how to lawyer up and level up because this is a serious moment, serious allegations, and it's not time to play super hero digitally or comic book wise, either way.

ACOSTA: Yes. Charlie, I'm guessing you did not make any purchases of these digital trading cards. But feel free to correct the record.

DENT: I did not. I most certainly did not and I agree with April. This is -- the former president seems so unserious here, seems like a huckster. Unbecoming of his office. I think, you know, Bannon, and I don't usually agree with Steve Bannon, but he's right. These are serious times and the former president is facing some very serious allegations. And to push these digital trading cards with this big announcement I just think it really further diminishes Donald Trump as a serious political figure. I mean, I think it's absurd that they did this, and I think it's probably not going to help his political ambitions.

[16:15:01]

ACOSTA: I think not, but, you know, I think he was revealed as a huckster a little while ago, Charlie. It might not have been on this one. It might have been a while back. DENT: Donald Trump steaks or steak knives and, you know, taco bowls.

This is the same type of thing that he's doing here.

ACOSTA: Yes. I think it happened along the way to where we are today.

But, all right, Charlie Dent and April Ryan, thanks so much for your time. We appreciate it.

And a programming note, CNN's Jake Tapper and Erin Burnett will be presenting special live coverage as the January 6th Committee holds its final public meeting. It all gets started tomorrow at noon Eastern right here on CNN.

Coming up, another abrupt move by Twitter. Now the social media site is banning the promotion of other social media sites and suspending users who do that. We'll explain that next.

And before we go to break, there they go again. Celebrations continuing right now in the Buenos Aires. They've unfurled the jersey there. And you can see just an unbelievable party taking place in Argentina after Lionel Messi and Argentina claimed the World Cup victory in Qatar.

You're live in the CNN NEWSROOM.

(COMMERCIAL BREAK)

[16:20:14]

ACOSTA: Elon Musk's Twitter just announced a major new policy that could have a big impact on what you tweet. Twitter is forbidding users from promoting other social media platforms. That means your Twitter account could be suspended for asking people to follow you on another site. That ban includes Facebook, Instagram and Mastodon.

I'm joined now by "Business Insider" columnist Linette Lopez who has covered Twitter, Elon Musk and his company Tesla. She was among the journalists who were suspended by Twitter this past week.

Linette, I want to hear your story and more about it in just a few moments, but first I want to get your reaction to this new policy and I should note my own account was locked overnight by Twitter. One of my tweets was found to have violated Twitter's new rule about promoting other sites. I had said, you know, you could found me on Post and Mastodon, and I woke up this morning and my account was locked. I'm still trying to sort it out.

But, Linette, this all feels very arbitrary and a little frenetic.

LINETTE LOPEZ, COLUMNIST, BUSINESS INSIDER: Well, I think what people really need to understand about what's happening at Twitter now is that it's being run by Elon's feelings, and not by any thought about the business model or, you know. If you really think about Twitter, the power users are the people who generate content and we do it for free. You know, and we're the ones who make the site interesting to go to. Elon has just been kicking off power user journalists who are addicted

to the site right and left. And that's not great for Twitter as a business. So you have to wonder, you know, what is he thinking. And my experience, which -- with Elon goes back to 2018 when I investigated the company for a few years, Tesla, he does a lot of that emotional decision making and now it's almost as if he's (INAUDIBLE) is spilling out all over the internet and on Twitter.

ACOSTA: It sure seems that way. And Linette, your account was suspended and still has not been restored as far as I know at this moment. What happened and what are you hearing from Twitter?

LOPEZ: I haven't heard anything from Twitter. It's funny that Elon has this new policy against putting up links or referring to other social media sites because when he first started a Twitter campaign against me in 2018, he was tweeting out pictures from my Facebook profile to share with all of his hordes of fans on the internet. So I don't know exactly what upset Elon. I don't know what upset Twitter.

I did post documents from a court case Elon filed against one of my suits. My sources back in 2019 I think. So there might be old, you know, info for -- I don't think his address was on anything. I mean, so I really don't know yet. Maybe Twitter will reach out to me. But based on my history with Elon, I don't have a lot of faith that I'm going to be restored.

ACOSTA: All right. And Elon Musk attended the World Cup final today, and he made sure that his 122 million Twitter followers knew exactly where he was. He tweeted, "I'm at the World Cup right now." What is your reaction to Musk sharing his whereabouts just days after suspending the accounts of multiple journalists for allegedly doxing him, which they did not do?

LOPEZ: No.

ACOSTA: I mean, this is sort of like in soccer terms, it's sort of an own goal. You know, he's objecting to people tweeting out his location, and he says, oh, by the way, I'm at the World Cup.

LOPEZ: Yes. I mean, there are a lot of people at the World Cup, fair enough, but that's his direct location and the things that those journalists were tweeting was not his real-time location at all. Again, this is how about how Elon feels. It's not about rules. Elon is somebody who likes law and order as long as he makes the laws and gives the orders, so again, this isn't about -- we're going to see a lot of hypocrisy here and that's not going to change.

There's not going to be a moment when Elon becomes, like, a real CEO. It's kind of like waiting for Donald Trump to be presidential. Like it's never going to happen. I wrote a piece that came out this morning that's on "Business Insider" right now that kind of runs down Elon's business strategy in the past, and it has a lot to do with bullying people. And you know, getting away with making erratic judgment and grandiose promises that are never ever fulfilled.

So, again, this just -- it doesn't surprise me. I watched this guy for years. I know what he's like when he's going through a tough time, he's especially erratic.

[16:25:05]

And he's having a tough time at Twitter right now so I expect more erratic behavior.

ACOSTA: Yes. In that piece that you wrote for "Insider" today, you talk about Musk's playbook for doing business. It's not a model that can turn Twitter into profitable company, you said. It's one that will take the social media company down in flames.

Do you think that -- I mean this was one of the reasons I was, you know, telling my followers, hey, you can find me on Post, you can find me on Mastodon, because what if we wake up tomorrow morning and Twitter is just not on anymore? I mean, I just thought that that could possibly take place.

LOPEZ: That is a real possibility in this situation.

ACOSTA: Yes.

LOPEZ: And Elon is going to have to chase Tesla money after Twitter. He's going to have to keep selling Tesla shares because that's his most liquid asset. And in fact, banks on Wall Street who gave him a bunch of money to do this deal are now unable to sell the debt that they bought from him for 100 cents on the dollar. Now it's like 60 cents, which is a disaster on Wall Street, full-on meltdown. So what they want to do is trade that Twitter debt for Tesla debt which would put more pressure on Tesla which is facing economic headwinds right now with rising interest rates and, you know, a slowdown in China.

ACOSTA: Right.

LOPEZ: It's a tough time for the company.

ACOSTA: All right. Linette Lopez, thanks so much for your time. We appreciate it.

LOPEZ: No problem. Any time.

ACOSTA: All right. Thank you.

This just in to CNN, Sam Bankman-Fried is expected to agree to extradition to the U.S. from the Bahamas. This is just coming in, according to the "New York Times." The former FTX CEO is set to appear in court tomorrow to reverse his earlier decision to oppose extradition. He's been indicted on eight criminal charges including wire fraud and conspiracy.

Just days after Bankman-Fried was indicted Democratic Senator Sherrod Brown is now adding his name to the growing list of lawmakers who wants to potentially outlaw cryptocurrencies. The chairman of the Senate Banking Committee says at the very least it's time to regulate the industry. He's already making some moves.

(BEGIN VIDEO CLIP) SEN. SHERROD BROWN (D-OH): We've got to do this right. I have already gone to secretary of Treasury as sort of the lead economics person in the administration, asked her to do a government-wide assessment through all the various regulatory agencies. SEC is particularly aggressive and we need to move forward that way and legislatively if it comes to that.

(END VIDEO CLIP)

ACOSTA: And our Christine Romans explains it's not just Bankman-Fried who's facing legal headwinds but many of his high-profile supporters who backed him early on.

(BEGIN VIDEOTAPE)

CHRISTINE ROMANS, CNN CHIEF BUSINESS CORRESPONDENT: Disgraced FTX founder and former CEO Sam Bankman-Fried is in jail, accused of carrying out what a prosecutor called one of the biggest financial frauds in American history.

Bankman-Fried earned the backing of prominent figures across Hollywood, sports and politics.

TOM BRADY, QUARTERBACK, TAMPA BAY BUCCANEERS: I'm getting into crypto.

UNIDENTIFIED MALE: With FTX -- you're in?

ROMANS: Now several celebrities who endorsed cryptocurrency are all under fresh legal scrutiny, including seven-time Super Bowl champion Tom Brady, supermodel Gisele Bundchen and four-time NBA champion Steph Curry.

They're among some named in a class action lawsuit filing against Bankman-Fried last month after his company suffered a liquidity crisis, collapsed and filed for bankruptcy. At least a million people can't access their funds. He is denying defrauding customers.

The lawsuit alleges they did not properly disclose the scope and amount of compensation they personally received in exchange for the promotion of FTX. One of the plaintiffs in the proposed class action suit, Michael Livieratos, says, "As a New England Patriots fan my entire life, you can imagine the influence that Tom Brady would have," claiming he moved nearly all his money from another crypto exchange to FTX.

Adam Moskowitz, the lawyer representing the plaintiffs, told "The Washington Post," "You have very rich people we all love telling us that they checked this out and it was OK. Why shouldn't they be held responsible?"

This is just the tip of the iceberg for the crypto fallout. Another lawsuit was filed earlier this month by cryptocurrency investors against the NFT series Bored Ape Yacht Club.

JIMMY FALLON, NBC HOST: We're part of the same -- we're part of the same community. We're both Apes. PARIS HILTON, MEDIA PERSONALITY: Yes. I love it.

ROMANS (voice-over): In the complaint, 37 defendants are named, including Paris Hilton, Jimmy Fallon, Justin Bieber, Madonna, Serena Williams and again Steph Curry. The lawsuit accuses the creators of enlisting A-listers to mislead their followers into buying bad investments at inflated prices. Actor Ben McKenzie testified before the Senate Banking Committee Wednesday describing crypto as a bill of goods sold to tens of millions of Americans.

BEN MCKENZIE, ACTOR AND CRYPTO CRITIC: They have been lied to in ways both big and small by a once seemingly mighty crypto industry whose entire existence, in fact, depends on misinformation, hype and yes, fraud.

(END VIDEOTAPE)

ACOSTA: And our thanks to Christine Romans for that report.

[16:30:01]

Coming up, a growing crisis is unfolding at the U.S.-Mexico border as cities there brace for more migrants in the middle of an already overwhelming surge as Title 42 expires next week. How the White House is preparing next. You're live in the CNN Newsroom.

(COMMERCIAL BREAK)

ACOSTA: All right, you're looking live right now at Doha, where team Argentina is in a parade of sorts, rolling through Qatar right outside the World Cup where they were victorious earlier today. As you can see, the celebrations continuing there for Messi and the rest of the team.

[16:35:04]

And, of course, the celebration is also continue in Buenos Aires, but you can see one of the players there hoisting a bottle of what appears to be a nice champagne. And maybe a beer there as well. All the best to those guys. Congratulations.

In the meantime, a looming crisis at the U.S.-Mexico border as the Trump-era border policy known as Title 42 expires next week, that policy mostly barred asylum seekers from entering the United States during the pandemic. And now a Homeland Security Official is warning that when it ends is, quote, "going to be a disaster," end quote.

As we've been showing you, there are already long lines of migrants at the border waiting to cross into the U.S. in anticipation of the change in policy. CNN's Ed Lavandera has more.

(BEGIN VIDEOTAPE)

ED LAVANDERA, CNN SENIOR NATIONAL CORRESPONDENT (voice-over): For nearly three months, Jason Birguez and his wife, Zuleima, have waited for this moment, taking the final steps across the Rio Grande into the United States.

JASON BIRGUEZ, VENEZUELAN MIGRANT: (Speaking Foreign Language).

LAVANDERA (on-camera): Did you think reaching this point was going to be so emotional?

J. BIRGUEZ: (Speaking Foreign Language)

LAVANDERA (voice-over): He says they never thought the journey from Venezuela would be so painful?

(on-camera): (Speaking Foreign Language).

ZULEIMA BIRGUEZ, VENEZUELAN MIGRANT: (Speaking Foreign Language)

LAVANDERA (on camera): (Speaking Foreign Language).

(voice-over): I tell her I can see the emotion in her face, and the sense of relief that she's entering the United States with her two sons. With that, they step across the river. The family says they could not wait any longer to see what might happen, with the lifting of the Title 42 public health rule, which has kept 2.5 million migrants from requesting asylum, in the United States.

Jason and Zuleima are now part of the current surge of migrants, entering El Paso. Officials say about 2,500 people per day are crossing. The migrants spend the night, in a long orderly line, in the shadow of the barbed wire-covered border wall. Here, they wait to be called in, by Border Patrol agents. They are then escorted to a processing facility to find out if they'll be deported or allowed to stay in the U.S., as their immigration case moves through the courts.

MAYOR OSCAR LEESER, EL PASO, TEXAS: It's a band aid to a really a bigger problem.

LAVANDERA (voice-over): El Paso's Mayor says if Title 42 is lifted next week, the number of migrants crossing into the city, could jump to 5,000 per day. Already, shelters are out of space, and immigration processing facilities are overcapacity. Despite this, the Mayor says, he doesn't see a need, to declare the situation, a state of emergency.

LEESER: I can tell you, the only thing that I am 100 percent sure today that we will be prepared on December 21, that if it is lifted, the community and the City of El Paso will be prepared.

LAVANDERA (voice-over): At the river, hundreds are still waiting to get into the U.S., and the lines show no signs of slowing down. Before they crossed, Jason and Zuleima (ph) said they will wait, in the frigid cold, as long as it takes, to get past the wall. I asked them what they will think, if that happens.

Z. BIRGUEZ: (Speaking Foreign Language)

LAVANDERA (on camera): And we're going to thank God, and it's going to be a new life for us.

(END VIDEOTAPE)

ACOSTA: And our thanks to Ed Lavandera for that report. Now let's go to CNN's Kevin Liptak at the White House. Kevin, how is the Biden administration getting ready for this expected border surge?

KEVIN LIPTAK, CNN WHITE HOUSE REPORTER: Yes, well, this is certainly the source of escalating concern inside the administration at the Department of Homeland Security at the White House. They're preparing for a number of different scenarios. But there could be as many as 9,000 to 14,000 additional migrants per day, and that's a huge increase.

As you note, Jim, they've received calls from local and state officials, lawmakers, all voicing their opinion on this. And what the White House says is they need $3 billion from Congress to provide resources to the border, they want a lawful system in place there. And they say they have been preparing for months as they stare down this deadline in December next week, next Wednesday.

Among the things they're doing is they're surging resources meant for processing these migrants at the border, that includes additional Border Patrol personnel, includes 10 new side softwood structures to house some of these migrants. It also includes increasing the transportation to bring some of these migrants to places that aren't as crowded as the places they're crossing into.

Among the other things they're doing is imposing unlawful entry consequences on these migrants, essentially enforcing the laws that are in place. They're bolstering the nonprofits that are helping some of these migrants when they arrived. They're targeting some of the smugglers who are exploiting these migrants as they work to leave their country. And they're also working with their international partners.

And to that end, President Biden will meet tomorrow here at the White House with the President of Ecuador and certainly that will be a major topic of discussion when they sit down here. But in the end, Jim, what the White House says and what they've been saying all along is that it will require Congress to fix a broken immigration system.

There had been discussions on underway on Capitol Hill about an immigration bill, but as of now, there does not appear to be any appetite for movement on that at least in this Congress. Jim?

[16:40:11]

ACOSTA: All right, Kevin Liptak, thank you very much for that report. Appreciate it.

CNN is now learning that tomorrow President Biden will announce former Massachusetts Congressman Joe Kennedy, that he will be the U.S. envoy to Northern Ireland. Kennedy is expected to focus primarily on economic matters though, Northern Ireland has been without a fully functioning government for months. The post has been vacant since Mick Mulvaney, the former White House Chief of Staff under Donald Trump resigned in 2021. Coming up, smile you might be on camera TSA is expanding its facial recognition pilot program at airports nationwide. Everything you need to know about that next.

(COMMERCIAL BREAK)

ACOSTA: And you're once again looking at live pictures in a split screen there on your left, is the scene in Buenos Aires as the party continues in Argentina after their country claimed the World Cup.

[16:45:05]

And then, on the right side of your screen, you could see the situation happening right now in Qatar. Team Argentina, in a very celebratory mood, they're on top of that bus there and sort of a makeshift parade through the crowd there in Doha. And it's just an amazing scene right now. You can see Argentina really just overjoyed with capturing the World Cup.

A few moments ago, we saw some of the players on top of that bus with champagne bottles and beer bottles. They're just having a good old time down there in Qatar. All the best of them. Congratulations on their World Cup victory.

In the meantime, there's a good chance that many of us traveling for the holidays through some of the nation's busiest airports will have our faces scanned. It's been happening these days, yes. That's because TSA is expanding its facial recognition pilot program. The goal is to match a passenger's face with a photo ID at security checkpoints. The program is still in the testing phase, but it's already getting a lot of pushback.

CNN's Pete Muntean reports.

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PETE MUNTEAN, CNN AVIATION CORRESPONDENT (voice-over): It is the new technology facing travelers as they fly for the holidays. The Transportation Security Administration is now scanning your face at select airport checkpoints, all part of a growing test with passengers as the subjects.

BRITTANY BOWENS, TRAVELING FROM ATLANTA, GA: I think it's a great idea. I'm absolutely tech forward.

DEAN KNIGHT, TRAVELING FROM MEYERSVILLE, MD: We're already using it for our phones consistently. I mean, just about everybody's doing it.

MUNTEAN (voice-over): The TSA started this small pilot program at the peak of the pandemic. But now the agency's trial is expanding to more than a dozen different airports. The latest editions are among the nation's busiest, Denver, Las Vegas, Dallas, Fort Worth and Atlanta. TSA Administrator David Pekoske says the goal is evaluating the efficiency of this technology before committing to a nationwide rollout. DAVID PEKOSKE, TSA ADMINISTRATOR: We're assessing how the technology works. And we're assessing its accuracy. We're assessing its impact on passengers.

MUNTEAN (on-camera): Here's how this works. Walk up to the machine, put your ID in the reader and that photo is matched with what the camera sees live.

PEKOSKE: The response has been universally very positive. More effective, speedier, more convenient for passengers with the things that I hear.

ALBERT FOX CAHN, SURVEILLANCE TECHNOLOGY OVERSIGHT PROJECT: Quite frankly, it's not doing anything to help the public.

The urgent need for greater transparency --

MUNTEAN (voice-over): Albert Fox Cahn of the nonprofit security Technology Oversight Project says this could be the largest federal use of facial data ever.

FOX CAHN: This technology is going to screw it up. And people are going to end up being detained by TSA, they're going to be faced with even more surveillance and more invasions of their privacy just because an algorithm gets it wrong.

PEKOSKE: The algorithm actually is so far proven in our assessment to get it right more than the human gets it right.

MUNTEAN (voice-over): The TSA insists it is committed to passenger privacy, immediately destroying most images and securing data from cyberattacks. Signs in security lines show you one you're about to be a part of this test. You can even opt out and have an agent confirm your ID manually.

TERRY STRADA, TRAVELING FROM NEW YORK: I prefer a person right now.

GERALDINE THOMPSON, TRAVELING FROM ORLANDO: There has to be some kind of parameter in terms of privacy.

JULIETTE KAYYEM, CNN NATIONAL SECURITY ANALYST: I don't think TSA has made the case that this is the system that is the best use of resources to protect the American public.

MUNTEAN (voice-over): More than 20 state and local governments have implemented some sort of restriction on using facial recognition technology. The TSA says that will not impact it's pilot program as it looks toward an in your face approach to safety.

PEKOSKE: What I hope in the long run is that we're able to embed more and more advanced technology in our screening process.

(END VIDEOTAPE)

MUNTEAN: The TSA is also experimenting with taking this a step further, comparing the live image of you at a checkpoint with a photo of you already in a government database like a passport photo or visa. That test is taking place right now but only on a limited scale at the Detroit and Atlanta airports. The idea is never having to even show your ID at an airport.

Critics point out the biometrics industry is part of a powerful multibillion dollar tech lobby. And this technology is only now starting to take off. Pete Muntean, CNN, Washington.

ACOSTA: All right, thanks very much to Pete for that. And we'll be right back.

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ACOSTA: In the season of giving, we want to show you how you can help our 2022 top 10 CNN Heroes continue their important work and have your donations matched dollar for dollar. Watch.

(BEGIN VIDEO CLIP)

ANDERSON COOPER, CNN ANCHOR: I'm Anderson Cooper. Each of this year's top 10 CNN Heroes proves that one person really can make a difference. And again, this year, we're making it easy for you to support their great work. Just go to CNNHeroes.com and click donate beneath any 2022 top 10 CNN Hero to make a direct contribution to that hero's fundraiser. You'll receive an email confirming your donation which is tax deductible in the United States.

No matter the amount, you can make a big difference in helping our heroes continue their life changing work. And right now, through January 3, your donations will be matched dollar for dollar up to a total of $50,000 for each of this year's honorees. CNN is proud to offer you this simple way to support each cause and celebrate all of these everyday people who are changing the world.

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You can donate from your laptop, your tablet or your phone. Just go to CNNHeroes.com. Your donation in any amount will help them, help others. Thanks.

(END VIDEO CLIP)

ACOSTA: Nominations for 2023 are open and we're waiting to hear from you. Go to CNNHeroes.com right now to nominee. That's news reporting from Washington, I'm Jim Acosta. Happy holidays, everybody.

Pamela Brown takes over the CNN Newsroom live after a quick break. Have a good night.

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