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January 6 Committee Wraps Up; Title 42 Ends on Wednesday; Argentina Beats France; President Macron Appreciate Their Team's Effort; FIFA President Takes All the Heat. Aired 3-4a ET

Aired December 19, 2022 - 03:00   ET

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

[03:00:00]

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LAILA HARRAK, CNN ANCHOR: Hello, and welcome to our viewers joining us from the United States and all around the world. I'm Laila Harrak.

We are hours away from the final public meeting of the January 6th committee. We'll discuss what will be a historic call for accountability for Donald Trump and his role in the U.S. Capitol insurrection.

Chaos at the U.S.-Mexico border with Title 42 set to expire. Officials braze for an influx of migrants. What the Biden administration plans to do about it ahead.

Plus, a CNN exclusive, how the Iranian government is gaining access to activist social media and using it against them.

UNKNOWN: Live from CNN center, this is CNN Newsroom with Laila Harrak.

HARRAK: The U.S. House Select Committee investigating the January 6th Capitol riot will hold its final public meeting in the hours ahead, and we expect to learn which criminal referrals will be sent to the U.S. Justice Department. Those referrals would be non-binding, and it's up to the department to decide whether to pursue them.

But CNN has learned the committee is weighing multiple alleged crimes committed by former President Donald Trump. They include obstruction of an official proceeding, conspiracy to defraud the government and insurrection. Here is what one member of the committee had to say.

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REP. ADAM SCHIFF (D-CA): Viewing it, as a former prosecutor, I think there's sufficient evidence to charge the president. This is someone who, in multiple ways had tried to pressure state officials to find votes that didn't exist. This is someone who tried to interfere with the joint session, even inciting a mob to attack the capitol. If that's not criminal, then, then I don't know what.

(END VIDEO CLIP) HARRAK: I want to turn now to Jessica Levinson. She's a professor of law at Loyola University and the host of the Passing Judgment podcast. She joins me now from Los Angeles.

Jessica, so great to have you back with us.

The House Committee investigating January 6th is considering voting on several charges later today. Tell us more about these charges.

JESSICA LEVINSON, PROFESSOR OF LAW, LOYOLA LAW SCHOOL: So, these are charges that we've heard them talk about before. Basically, they involve obstruction of a official proceed. An attempt, a conspiracy to defraud the U.S. government, and also inciting an insurrection. All three of those are things that we've heard discussed in the past.

I think the thing to remember, of course, is that it's very serious. We've never seen this in American history, that a house committee has voted to refer criminal charges regarding a former president of the United States. But it is just symbolic.

The Department of Justice will make its own independent assessment as to whether or not it's going to move forward with criminal charges against the former president or anybody else.

HARRAK: Might there be more charges in addition to the ones that you just outlined?

LEVINSON: Yes. We're just going based on reporting and the reporting at this point, I think says at least three charges. They're going to refer to the Department of Justice and suggest that they bring at least those three that we talked about.

Could there be more? I don't think that we can rule that out at this point, but those are the three that would make most sense. Those are the three, again, that when we have heard the members of the committee even read from statutes before, it's been those three.

HARRAK: Now the committee as you pointed out, will make criminal referrals. What is a criminal referral?

LEVINSON: It's basically the committee saying, we have this evidence and we believe that this evidence rises to the level of criminal culpability. And so, we are a political body. We can't actually prosecute a former president but you Department of Justice can.

So, based on all of the information that we have, all of the witnesses that we have interviewed, all of the documents that we've obtained, we've made the judgment that you should go forward because you can prove these criminal violations beyond a reasonable doubt.

But again, it's up to the Department of Justice, and I know that there were discussions from the House Select Committee as to whether or not it would help or hurt the Department of Justice in making an independent assessment if the House committee gave a referral.

HARRAK: Now, I mean, you partially an answered this next question. These charges will be, referred to the Department of Justice. Does this in and of itself carry any legal weight and why not if it doesn't?

[03:05:03]

LEVINSON: So, no, in the sense that their decision to say yes, we're referring charges. I mean, does that separately carry any legal weight? What carries legal weight is the basis of their decision. So, it's the evidence that I believe they've already largely, if not completely turned over to the Department of Justice.

But the Department of Justice in making a decision as to whether or not to move forward, they won't look at whether or not members of Congress voted in favor of a criminal referral in deciding whether or not they can prove guilt beyond a reasonable doubt, that's a separate issue.

This is really a political decision. The House Select Committee, I think, wants to go down in history as saying, based on what we saw, we can't stay silent and we think that there should be criminal charges in this case.

HARRAK: And who ultimately makes that decision to move forward at the DOJ?

LEVINSON: So, in the first instance, it's going to be the independent counsel who was appointed by Merrick Garland, and then ultimately the buck does stop with him and he'll look at what the recommendation is. I think he'll probably go by that recommendation, but he still does have a role to play.

HARRAK: If he decides not to act, you know what would happen? Do these referrals just go away?

LEVINSON: Yes. I mean, it is just like a symbolic vote. It is simply these members of the House Select Committee saying, based on everything that we saw, all the witnesses we talked to, all the documents we've obtained, we don't think this is just immoral behavior.

We don't think it's just problematic behavior. We think it's a legal behavior. But if the Department of Justice says, you know, we're coming to a different conclusion, then that's that.

HARRAK: Final thought from you, Jessica, the select committee, you know, will hold its final public hearing today. It's a culmination of, well, a lot of work. What impact has it had, might it have it?

LEVINSON: That is a great question, and I have to say that, I'm trying to think of this through the short term, medium term, and long- term lens. Through the short term I think it has had remarkably in some ways little impact. In the sense that if we were all on the same page and we were all looking at this evidence, then I think it would absolutely disqualify the former president from becoming a candidate again. But he is a candidate again, and he could get the nomination. So, in the short term, it hasn't had the impact that frankly, I would've expected, like as what happened with respect to the Watergate investigation.

But in the long term, that's what I don't know. How will history look back at this particular House Select committee and will history basically vindicate their approach? I don't know the answer to that.

HARRAK: Jessica Levison, thank you so much for joining us.

LEVINSON: Thank you.

HARRAK: And you can watch the January 6th committee's final public hearing live today starting at 1 p.m.in Washington, 6 p.m. in London, right here on CNN.

As many as 10,000 migrants could be waiting to cross into the U.S. from Mexico in the coming days. Well, it comes as the Trump era policy known as Title 42 is expected to end on Wednesday. Title 42 was implemented in March, 2020 to slow the spread of COVID-19 by allowing border agents to quickly turn away migrants.

But if it ends and the migrant numbers surge dramatically, activists and politicians alike are warning of a looming humanitarian crisis. And U.S. representatives on both sides of the aisle are growing frustrated with the Biden administration and its plans to handle a worsening border situation.

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REP. TONY GONZALES (R-TX): This is the reality. This is a fact. We're not even at the worst of it yet, enough with the finger pointing. I don't care how we got here. How do we get out of here? And there's some things that the administration can immediately do --

UNKNOWN: Like what?

GONZALES: -- to alleviate this. We need a solution on our southern border here in South Texas. This is not a Democratic, Republican issue. This is a South Texas problem that impacts the entire country, and we need to come together and solve it.

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HARRAK: Kev -- CNN's Kevin Liptak has more now on what the White House is doing about the crisis at the southern border.

KEVIN LIPTAK, CNN WHITE HOUSE REPORTER: There is an escalating level of concern inside the Biden administration about the expiration of Title 42 on Wednesday. That's the Trump era public health order that allowed for mass expulsions of migrants at the southern border.

Now, the Biden administration is preparing for multiple scenarios, including the possibility of between 9,000 and 14,000 migrants crossing the border every day. That's almost double from current levels. And what the White House says, that they're doing is they've been preparing for months.

[03:09:59]

They do say that they need an additional $3 billion from Congress to help ramp up personnel at the border. They have increased the number of border patrol personnel meant to deal with processing some of these migrants.

They have also built 10 structures at the border. Their temporary structures meant to house some of these migrants when they cross, and they're also scaling up transportation routes, flights, bus routes, to help bring some of these migrants to less crowded areas of the country.

But that has certainly not a quieted criticism from some Republicans and even some Democrats who represent that area of the United States that the administration isn't doing enough. And what the White House says is they essentially have no choice in the matter. The court ordered that Title 42, be lifted and that it will be lifted on Wednesday.

Now, the White House says that President Biden is very engaged on this matter. He has been speaking certainly with top officials at the White House, but he's also been engaged diplomatically and we will see him on Monday meet with the president of Ecuador. And that will certainly be a topic of discussion there.

But the consistent message that you hear from the White House is that this is an area where congress needs to act. That in order to fix the American immigration system, lawmakers will need to come together to an agreement on something that will be put into law that it won't just be President Biden using his executive authorities to address this issue.

Now, there had been some discussions on Capitol Hill over the last couple of weeks about a bipartisan immigration plan. But as this Congress winds down, there really does not appear to be any appetite in the waning days of this Congress. Perhaps in the new year that will gain some momentum, but certainly before Wednesday there is little question that Congress won't be able to come to an agreement on an immigration plan. And so, this title 42 does appear on track to end by Wednesday.

Kevin Liptak, CNN, the White House.

HARRAK: A Peruvian railway operator says train services to and from the ancient city of Machu Picchu are resuming on an emergency basis. They've been interrupted since Tuesday because of the ongoing political unrest in the country, which began earlier this month after the arrest and impeachment of former President Pedro Castillo.

The protests have led to disruptions of airport and railroad services throughout Peru. As many as 300 tourists from around the world have been stranded in Machu Picchu as a result.

And about 260 million Americans could feel the impact of an arctic blast just as the first day of winter arrives. Dangerously cold temperatures are forecast for the region east of the Rockies. It's expected this cold arctic air will spread across the south and east.

In the Midwest and northern and central plains wind chills may dip down as low as minus 40 degrees which is incidentally the same temperature in Celsius and Fahrenheit. This includes portions as -- portions of Montana, Wyoming, the Dakotas, along with Nebraska and Minnesota.

Rescue efforts are underway in the Gulf of Thailand after a Royal Thai navy ship sank early this morning. Thirty-three of the ship's 106 crew members are missing and bad weather in the area is complicating the search and rescue mission. The navy says strong winds cause the ship to tilt and water to flow into its electrical system, shutting it down.

A passenger is speaking out now about a nightmare flight where severe turbulence injured at least 36 people. It happened Sunday on a Hawaiian Airlines flight from Phoenix to Honolulu. Authorities say 20 were taken to emergency rooms, 11 in serious condition. And a 14 - month-old child is among those hospitalized.

The college student who shared this video said the turbulence felt normal at first, but escalated to the point where the plane felt like it was free falling. Emergency crews met the plane once it landed in Honolulu.

Still ahead, a fairytale ending for a legendary footballer. Lionel Messi wins his first World Cup title in a thrilling match. Hear from the Stryker about what the victory means to him.

And the football was superb, but this World Cup was likely the most controversial ever. A look back at the mixed record of Qatar 2022. That's next.

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HARRAK: Argentina celebrating a World Cup victory for the ages. They defeated the reigning champs France on penalties to capture their third tournament title. They were led by superstar Lionel Messi who lifted the coveted trophy for the first time in his career. He did it on his fifth and likely last tournament appearance. Afterward, he shared what the victory means to him.

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LIONEL MESSI, ARGENTINA CAPTAIN (through translator): It's madness that it happened the way that it did, but it's amazing. I said at one point that God was going to give it to me. I don't know why I foresaw it. I felt like it was going to be this one.

(END VIDEO CLIP)

HARRAK: And Buenos Aires's scene of euphoria. Hundreds of fans celebrated the championship by waving flags and screaming for joy. They had waited 36 years for a moment like this.

While French fans were understandably disappointed by the outcome of Sunday's final, their team had seemed so close to winning a second straight title when they came back from a two-gold disadvantage.

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[03:19:58]

MOHAMMED PEPOUNA, FRENCH NATIONAL TEAM FAN (through translator): We are disappointed because France lost. We wanted Kylian Mbappe to score to win a second time in the World Cup. Well, it's life. Nothing we can do. It's life.

LUCIE FIOCCONI, FRENCH NATIONAL TEAM FAN (through translator): I'm very sad that France lost tonight, but they played badly. Argentina played better than France, so they deserve their world Cup. Although I'm sad that the final was played on penalties.

It's a shame. But congratulations to Argentina. I hope France will come back stronger than ever in four or two years.

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HARRAK: While sadness turned to outrage in some parts of the country, as angry fans took to the streets, scuffles broke out on the Saint Elysee in Paris. Police were seen charging into the crowds, trying to disperse them.

A few people in Lyon vented their anger by throwing fireworks at police. Others surrounded and kicked a car before it managed to drive away.

Jim Bittermann joins me now from Paris with more. Jim, France came so close to winning the World Cup, but it wasn't meant to be. What's the mood in Paris?

JIM BITTERMANN, CNN SENIOR INTERNATIONAL CORRESPONDENT: Well, I'd say probably a bit like the weather, Laila, kind of gray and rainy, but French fans, I think got their money's worth in the -- in the match yesterday. It really, truly was a very exciting match.

The newspapers here this morning kind of summarized the things pretty well. This from Parisien proud of our Blues. That's the name of the French team. Of course, Figueroa put the -- put the Argentinians above the fold, but below the fold they said the Blues had, this brought on sadness, but panache. It's kind of the mood here.

And it was a kind of the thing that President Macron who was at the match yesterday said, when he went into the locker room last night.

(BEGIN VIDEO CLIP)

EMMANUEL MACRON PRESIDENT OF FRANCE (through translator): You have the heart, the finish, the desire, and the talents to be here, and that's why I wanted to come see you to say thank you. You have woken up French men and women who needed it. Thank you to you.

(END VIDEO CLIP)

BITTERMANN: And in fact, they're not going to have the usual normal victory parade because there was no victory for the French team down the saint Elysee. But they are going to have something of a gathering this evening to recognize the talents was really an extraordinary match. They're going to have a gathering at Place Concorde in Paris and it'll probably be somber, but there'll be a lot of pride there as well, Laila.

HARRAK: A lot of pride indeed. Now, French President Macron in there, we just saw him there. It could be also seen consoling French star Stryker Kylian Mbappe. What do people make of the French president attending the World Cup, he seemed very, very present.

BITTERMANN: Well, there are two sides I think if you like President Macron, and you probably thought it was OK. But, if you don't like him, you could find everything, any number of reasons to not like the idea that he was appearing, apparently to try to get some of the reflected glory from the team in Doha.

And in fact, there was even talk when he appeared first in the playoffs. He appeared first there and then went back again for the -- for last night's match. And as a consequence, politically, is basically there's a divided on whether Macron should have done that or not.

But I think as a nation, probably he did summarize the feelings best by saying, look, you gave us something to dream about, and you let us down the path and perhaps you'll take us down that same path again. But this time the victory. Laila?

HARRAK: Jim Bittermann in Paris. Great talking to you, Jim. Thank you.

Now, even before Sunday's nail-biting finish, the World Cup had been filled with ups and downs. Our Don Riddell runs us through the tournament's high and low lights.

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DON RIDDELL, CNN SPORTS ANCHOR: It was 12 years in the making, arguably the most controversial World Cup of all time. Allegations of corruption and criticism of Qatar's civil and human rights records dominated the buildup. But on the eve of the tournament, the FIFA president deflected all of the criticism.

GIANNI INFANTINO, PRESIDENT, FIFA: You want to criticize someone? Come to me, criticize me. Here I am. You can crucify me. I'm here for that. Don't criticize Qatar. Don't criticize the players.

RIDDELL: And when the action kicked off, it was relentless. The host team, Qatar quickly slipped out of view, but many of the underdogs had their day. Saudi Arabia sensational win against Argentina set the tone for a tournament of upsets. Japan came from behind just on Germany the next day.

In the background, the controversy lingered. Protests about Qatar's domestic policies were briefed, but impactful in saying that they were silenced. Germany found their voices. And in refusing to sing, Iran signaled their empathy for the bloody uprising back home.

For some, it was a painful World Cup. Christian Pulisic's injury was enough to make everybody's eyes water.

[03:24:58]

ANDERSON COOPER, CNN HOST: You called it, I believe the pelvic contusion heard around the world.

JOHN BERMAN, CNN HOST: Felt around the world.

COOPER: Felt -- felt around the world.

RIDDELL: But the real pain was the loss of two migrant workers who died as a result of workplace accidents during the tournament, and the sudden passing of two media members who were covering the action. The Qatari photojournalist Khalid al-Misslam, and the celebrated American sports writer Grant Wahl.

On the field, history was made. Stephanie Frappart led the first all- female refereeing crew at a men's World Cup, and the group stage kept the fans on the edge of their seats while the drama put news anchors out of their minds.

RICHARD QUEST, CNN BUSINESS EDITOR AT LARGE: I saw you last hour. I have absolutely no hesitation in saying to you, this is yours, mate. This heap of mess is yours to try and interpret a make.

RIDDELL: Richard, I'm not even sure I want it. It's so complicated. Isa Soares asked me earlier, so if this Adam and this Adam, what does that mean? And I was like, I need to consult my notes. I don't know.

And when the dust had finally settled, a new world order emerged. This was Asia's most successful tournament and the same too for Africa, for whom Morocco became the standard bearers for a continent and the Arab people. The Atlas Lions had blazed a trail to the semi-finals making heroes of themselves and stars of their mothers.

UNKNOWN: We are playing home. This is a good time for everybody from Qatar, from the Middle East, the Arab countries all over the world. They love it. They're having a different experience, and they're enjoying their time.

RIDDELL: But in the end, we got the final that many were expecting. France against Argentina was an instant classic. Kylian Mbappe scored a hat trick, but was heartbroken as Argentina edged it on a penalty shootout, meaning that Lionel Messi has now won the only trophy to have alluded him, elevating him to the pantheon of greats, and finally placing him alongside his great compatriot Diego Maradona.

FIFA say that this has been the best ever World Cup. History will be the judge, but for so many different reasons, it has certainly been one of the most memorable.

Don Riddell, CNN, Qatar.

(END VIDEOTAPE)

HARRAK: The U.S. Congress is barreling toward a funding deadline that could bring a government shutdown by next weekend. What's at issue and how likely we are to see a deal, next on CNN Newsroom.

And later, the presidents of Russia and Belarus are set to meet in Minsk. We'll have a live report on what to expect from Vladimir Putin's visit.

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HARRAK: The clock is running down for U.S. lawmakers on Capitol Hill. They have until Friday to pass a new funding bill to keep the government up and running. If they can't meet the deadline, the government will have to shut down. Daniela Diaz has more on what is to come.

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DANIELA DIAZ, CNN CONGRESSIONAL REPORTER: Time is running out as lawmakers race against the clock to try to pass a government funding bill before Friday at midnight. That is when the current funding legislation is set to expire and could trigger a government shutdown here in the United States.

How the lawmakers have expressed optimism that they will be able to make that deadline and pass a bill before then, with them announcing Republican and Democratic appropriators just last week that they have reached a topline number for government funding, $1.7 trillion to fund the United States government starting December 24th, that was negotiated for weeks.

They were not able to reach agreement on domestic spending here in the United States. But now that they've reached that topline number, they are just writing the bill text, which we expect to come out in the next 24 hours. Once that bill text comes out, then starts the whole process to pass the bill here on Capitol Hill.

We expect the Senate to take it up first. There will be some delays as some Republicans, a handful, are inspected to oppose this bill, but we do expect it to pass, then go to the House for passage with just a simple majority before it goes to President Joe Biden's desk by Friday for signature.

Now, while there is still no bill text, we do not expect a government shutdown should negotiators be able to really meet that deadline, which they have expressed to us time and time again in the last couple of days that they would be able to do that and prevent a government shutdown.

Daniela Diaz, CNN, Washington.

(END VIDEOTAPE)

HARRAK: Disgraced former FTX CEO Sam Bankman-Fried is expected to appear in a court room in the Bahamas today. A source familiar with the matter tells CNN Bankman-Fried will waive extradition. Once that happens, he would likely return to the U.S. quickly. Bankman-Fried faces federal criminal charges in an eight-count indictment for alleged fraud and conspiracy. As the investigation unfolds, U.S. authorities could find more charges against him.

We are following developments out of Ukraine where a fire has raged in Kyiv after a Russian attack hours ago. Officials say at least two people were injured after Russia hit the capital with drones early today. The mayor says critical infrastructure facilities were damaged. Work is now underway to help stabilize the city's power and heat supply. Officials say several drones were shot down in the attack.

And to the south in the Kherson region, officials say at least three people were killed in attacks by Russian forces who are said to be targeting residential areas.

CNN's Clare Sebastian is following developments and joins us now live from London with more. Clare, we understand that Russian President Vladimir Putin is expected to visit Belarus today. Could Belarus be pulled into this conflict?

CLARE SEBASTIAN, CNN INTERNATIONAL CORRESPONDENT: That continues to be a subject of speculation. Ukrainian officials have said that they are increasingly concerned that this aerial campaign is relentless aerial bombardment that we are seeing in the capital this morning and the south in Kherson. That may proceed a new ground offensive from Russia expected as early, they have said, as January.

So, there is a lot of focus now on the northern border with Belarus President Zelenskyy on Sunday, saying that all possible defense scenarios are being looked at with this border. The visit by President Putin to Belarus also comes as we have seen an increase in military activity on both sides. Belarus helped snap military drills last week.

There have been new images produced this morning, according to Russian state media, by the defense ministry showing a grouping that was set up in October of Russian forces with Belarusian troops in Belarus doing training exercises. There has been movement of Belarusian heavy equipment there.

[03:35:03]

SEBASTIAN: So, there is some speculation that this could be something that is on the cards, certainly even if Russia does not launch a grand defensive from Belarusian territory perhaps towards the capital there. It is in their interest to keep the focus there. It could distract Ukraine from the other frontlines and perhaps even distract manpower away from that as well.

One thing as well, while we have seen a lot of photo ops, a lot of meetings between presidents Putin and Lukashenko since the start of this war, Putin has not actually travelled himself to Belarus in over three years.

HARRAK: And in another striking development, recently freed Russian arms dealer Viktor Bout visited an area of occupied Ukraine?

SEBASTIAN: Yeah, Viktor Bout, less than two weeks after touching down on Russian soil in that prisoner swap, of course, for U.S. basketball player Brittney Griner, is now appearing to be repaying the favor to the Russian government, taking part in these sort of propaganda PR exercises.

He has reportedly joined a political party, the pro-Kremlin LDPR for Democrat Party was taking part in an event for that party in occupied Luhansk. He spoke at that event. He touted the determination of the people of Luhansk. He said he has been following their fate for eight years.

So, clearly, the Kremlin is trying to maximize the value of this swap to show that they and their allies were able to one up the U.S. in this negotiation and perhaps also distract from the fact that their efforts in Ukraine continue to hit many obstacles. Laila?

HARRAK: Clare Sebastian in London. Clare, thank you so much for your continued coverage.

Amid the cold and darkness of the war, Kyiv is now celebrating Hanukkah, a Jewish festival of lights. The giant menorah in the city's independence square was lit to commemorate the first night of the eight-day holiday. It is burning as the war is about to enter its 10th month. A fact not lost on the Jewish president of the besieged nation.

(BEGIN VIDEO CLIP)

VOLODYMYR ZELENSKYY, PRESIDENT OF UKRAINE (through translator): Congratulations to the Jewish community of Ukraine and all the Jews in the world on Hanukkah. Those who are outnumbered defeated those who outnumbered them. Light defeated darkness. It will be the same this time.

(END VIDEO CLIP)

HARRAK: Still to come, a CNN investigation reveals how Iranian authorities are using technology to crack down on protesters. That exclusive report, up next.

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[03:40:00]

(COMMERCIAL BREAK)

HARRAK: As protests continue across Iran, CNN has learned that authorities are using technology to gain access to protesters' cellphones and social media accounts. The government has been using this information as evidence to suppress, arrest, and in many cases prosecute them.

For more, let's bring in CNN's Katie Polglase, who was part of this exclusive investigation. She joins us now live from London. So good to see you, Katie. What more can you tell us?

KATIE POLGLASE, CNN INVESTIGATIVE PRODUCER: Thank you for having me, Laila. Well, I think what we've learned with this investigation is that there are a variety of ways in which the Iranian government maybe accessing people's social media accounts.

What we can learn is that it's not only people's phones. It is also encrypted platforms such as Telegram which is widely used among activists in Iran. It is making some of the activists feel worried about their safety on these platforms. This is not just phone records. It's also private chats. In some cases, even the location of their phone on certain streets, on certain times.

There is still a lot of unanswered questions. There may still be some old methods that they're using such as confiscating devices, forcing people to hand over their phone.

What is clear from this investigation is that it is happening. There is evidence that activists do not think that their voices, that their chats are still private. When they are hacked, when they are accessed by the Iranian government, what we found is that the repercussions can be incredibly severe. Have a listen to what we found.

(BEGIN VIDEOTAPE)

POLGLASE (voice-over): Moody, reflective. Like many teenagers, Nika Shakarami considered her Instagram page a safe space for self- expression. But her death on september 20th during protest in Iran turned her into an icon and her Instagram page into (INAUDIBLE). Who disabled it and why became yet another mystery surrounding what happened to her.

CNN previously revealed evidence suggesting Nika was detained at the protest shortly after this video was filmed. But the Iranian authorities always denied any involvement in her disappearance or death.

Now, CNN can exclusively reveal the Meta, Instagram's parent company, investigated Nika's account after she disappeared, concluding they themselves were not involved in disabling it. In other words, it was either Nika herself or crucially someone with access to her account that took it down.

And as recent reporting by "The Intercept" revealed Iran's highly sophisticated system for phone hacking, it raises the question of whether social media platforms can keep accounts secure.

When protests erupted in Iran, Nika began using Instagram as a diary for her activism. But this online activity may have ended up working against her.

After Nika's death, the Iranian state began publishing evidence like this CCTV footage attempting to clear the state of any involvement in her death. First, they said she was pushed from this building, then she fell from it. Next, they referenced suicidal messages and documents extracted from Nika's mobile and Instagram conversations. It was an open acknowledgment that they were accessing her phone and her social media accounts.

But she is not alone. As flames engulfed the notorious prison in mid- October, inside was Negin. She was accused of sharing activists' posters like these on Telegram, the encrypted social media platform. We've changed her name for her safety. Her words are read by an actor.

UNKNOWN (voice-over): I think they already had my Telegram chats, because they often talked about it. There were certain photos. I had shared relatively political photos. They would show me the photos from that Telegram, to claim I was the admin, but I kept denying it.

POLGLASE (voice-over): She says the Iranian authorities had obtained these chats despite not yet having Negin's phone. She believes they hacked her account, and she now faces six years in jail.

(On camera): When in prison, the Iranian authorities reactivated Negin's Telegram account. She says it was to see who tried to contact her and reveal the network of activists she was in touch with, the same tactic might have been used with Nika's Telegram account, as weeks after her death, friends noticed her account was back online. It disappears shortly after.

(Voice-over): Nika's family is also reeling from her death. One close family member told CNN authorities are still refusing to return her phone. Iranian authorities have not responded to CNN's request for comment.

[03:45:00]

POLGLASE (voice-over): While Meta said they couldn't share specifics on Nika's account, they confirmed they did not originally disable it. Telegram told CNN, in every case they have investigated, either the device had been confiscated or the user had unwittingly made such access possible by not setting a two-step verification password or using a malicious app impersonating Telegram.

Still, questions remained as to whether Meta, Telegram and other tech companies are doing all they can to protect their users as the world wakes up to the increasingly tech savvy ways regimes such as Iran are using to monitor and hunt down activists.

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POLGLASE: It's worth noting that Instagram and Telegram are hugely popular in Iran. Before Instagram is banned in the recent protest, 90% of Iranians used Instagram. That is a population of about 86 million. This is a huge number of people that use these platforms every day for every day communication, for sharing photos and ideas with each other and friends. But it is also increasing being used for activism. They are connecting activists to each other. They are connecting where protests are going to be or what time and what day. And so, if there is any indication that these platforms may have been accessed by the Iranian government, may no longer be secure, that is, of course, incredibly concerning. The question for this investigation is whether the tech companies are well equipped to deal with these challenges.

HARRAK: Important questions you raised there, Katie. Katie Polglase reporting, thank you so much.

Elon Musk is giving all Twitter users a chance to weigh in on whether he should continue to run the social media company. The Tesla and SpaceX founder tweeted this: Should I step down as the head of Twitter? I will abide by the results of this poll. Just a few short weeks, as CEO, Musk has faced controversy and backlash over mass layoffs, botched rollouts of new features, banning journalists, and his handling of previously banned accounts.

In the latest controversy, he just reversed a decision to ban tweets that link to other social media platforms, a policy that lasted less than 24 hours. At last check, 58% of users in that poll said, yes, Musk should step down. The poll was set to conclude Monday night.

Still to come, a British court could soon decide whether the U.K. can send tens of thousands of asylum seekers to Rwanda. We will have a report when "CNN Newsroom" continues.

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HARRAK: Welcome back. Recapping one of our top stories this hour, activists and politicians alike are warning of a looming humanitarian crisis on the U.S. southern border. A Trump-era policy known as Title 42 is expected to end on Wednesday.

The measure has allowed border agents to quickly turn away migrants to slow the spread of COVID-19. Now, it is estimated that as many as 10,000 people could be waiting to cross into the U.S. from Mexico in the coming days. We will have more on the U.S. border crisis in our next hour of "Newsroom."

In the coming hours, judges at London's high court will rule on whether the British government can legally send tens of thousands of asylum seekers to Rwanda. It comes as the U.K. faces record numbers of migrants arriving on its shores illegally, often in unsafe boats. More now from CNN's Nada Bashir.

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NADA BASHIR, CNN JOURNALIST AND PRODUCER (voice-over): Another life lost in Britain's icy waters, another reminder of the dangers faced by migrants attempting to cross the English Channel from northern France.

As many as 40,000 migrants have braved the dangerous crossing since the beginning of this year alone. Now, the U.K. government says it is doubling down on its plan to tackle illegal migration.

RISHI SUNAK, BRITISH PRIME MINISTER: When legal proceedings conclude on our migration and economic development partnership, we will restart the first flight to Rwanda.

BASHIR (voice-over): It was an 11th-hour legal intervention which grounded the first deportation flight in June.

Now, after months of deliberation, a final court judge will determine whether the Rwandan deal is in fact legal.

SOPHIE LUCAS, LAWYER FOR CLAIMANTS: There are serious concerns around the functioning of the asylum system in Rwanda, as well as serious concerns about political freedom of expression.

BASHIR (voice-over): Under the proposed scheme, thousands of migrants arriving in the U.K. illegally could be deported to Rwanda to have their asylum claim heard there.

But the government's own figures show that in the 12 months leading up to September this year, 77% of asylum claimants were granted an initial decision, awarding refugee status or humanitarian protection, many traveling from countries including Iran, Iraq, Afghanistan, and Syria.

Among them is Youssef (ph), a Syrian refugee whose name we have changed to protect his identity. He was one of more than 100 asylum seekers due to be deported to Rwanda in June.

UNKNOWN (through translator): I want to live in peace in the U.K., to work and build a future here for my wife and son. If they send me to Rwanda, then my life will be over. After all the struggles I have faced, it will be devastating. I will kill myself.

BASHIR (voice-over): Youssef (ph) says he fled his war-torn hometown of Daraa in Syria in 2017, leaving behind his family in hope of building a new life for them overseas.

UNKNOWN (through translator): I saw the devastation across our country. Our lives are consumed entirely by war, by fear. It was all around us.

BASHIR (voice-over): Youssef's (ph) journey took him from Syria to Lebanon, and then onwards to Libya, where he says he was detained for eight months before fleeing to Europe.

UNKNOWN (through translator): We were given very little food or water. They would beat us, torture us. Then, after I left Libya, I traveled across the sea to Italy. It was a very difficult journey.

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UNKNOWN (through translator): We were stuck at sea for about three days. One more day, and I think we would have died.

BASHIR (voice-over): Like many refugees, Youssef (ph) then travelled to Calais (ph) in Northern France where he spent weeks living in a squalid refugee camp waiting to be smuggled on a small boat to the U.K. Now, as the U.K. government clamps down on this very crossing, experts are questioning how affective and how ethical the Rwanda policy really is.

COLIN YEO, IMMIGRATION LAWYER: There's no evidence that it's putting anybody else. We were talking about people who have fled really serious problems, civil wars, massive human rights abuses in their own countries.

BASHIR (voice-over): As the high court hearing comes to close, so does months of limbo for the thousands of asylum seekers at risk of deportation.

Nada Bashir, CNN, London.

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HARRAK: Pope Francis has signed a resignation letter. He has it on standby just in case it is needed. He revealed the existence of the letter in an interview with a Spanish news outlet. The pope says he wrote the letter years ago in case of poor health or an accident left him unable to perform his duties. He noted that previous pontiffs had also drafted some letters. Pope Francis just turned 86, but he appears to be in good health aside from knee problems.

I'm Laila Harrak, thank you so much for your company. "CNN Newsroom" with Max Foster is up next. Do stay with us. I will be back tomorrow. I hope you have a good day.

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