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GOP Lawmakers Hold Conference Call About Rep. Kevin McCarthy (R-CA) Standoff; Washington Marks Anniversary of January 6 Capitol Attack; Bills Say Damar Hamlin's Breathing Tube Has Been Removed. Aired 10:30-11a ET

Aired January 06, 2023 - 10:30   ET

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


[10:30:00]

CHARLES RAMSEY, CNN SENIOR LAW ENFORCEMENT ANALYST: The fact that he was there several times, that he was turning his phone on and off because he was aware that cellular tracking can occur, he cleaned his car multiple times after the fact, although I'm sure they're still going through it with a fine tooth comb to try to find some trace evidence, his DNA being found on the sheath that the knife was in. They have got a good case here. And whereas he tried to be meticulous, he sees himself as being a smart guy and all of that sort of thing, but he wasn't that smart because he left behind quite a few clues.

JIM SCIUTTO, CNN ANCHOR: Yes.

ERICA HILL, CNN ANCHOR: Joey Jackson is with us as well. To that point, to Chief Ramsey's point, Joey, we look at all of the evidence that we know about, and that is just what we know about. Steve Goncalves saying to Jim just a short time, ago the defendant has his hands full in his estimation. As a defense attorney, how are you looking at this, this morning?

JOEY JACKSON, CNN LEGAL ANALYST: Yes. It is quite a bit to overcome, there is no question about that, Erica, in many regards. Number one, you have to attack the cell phone sort of the pings that are very damaging with respect to putting him in the area not only the day and coming back but all of the stalking that was done previous to that time. Number two, you have to defeat and explain the DNA issues as it relates to why would his DNA by there. Is there an innocent explanation that would attach him to that location? Number three, there is apparently a footprint that they will be testing to determine whether or not it meets his shoe. Number four, you have the identification as it relates to his eyebrows. There is just so many issues here with regard to -- that need to be explains. And in the absence of an innocent explanation it becomes problematic.

So, how I would look at it from a defense perspective is that it would be a very challenging case based upon the probable cause that was laid in the affidavit. What is probable cause? Reason to believe that a crime was committed and that you committed it, right, the individual at issue. But based upon that, Erica, boy, is it compelling and damning evidence. SCIUTTO: Chief Ramsey, one thing that is clear is that police were doing a lot of hard work, police and FBI, gathering a lot information, pointing in the direction of Kohberger fairly early on and during a period of time when folks -- and I get this, understandably, we're wondering what was happening and saying, you're not sharing anything. Do you even have a suspect? What are you doing? Should we be scared? But it was clear from this affidavit, they seem to be on to this guy for some time.

RAMSEY: Yes. It seemed as if they were on him for some time. And I know people were upset that they weren't sharing a lot of information, but you have to remember, bad guys watch television too. And so you have to hold things close to the vest during the course of an investigation because you don't want all of that information to get out.

If anything, I thought they talked too much at the very beginning. They have more than one spokesperson, you had the prosecutor making statements, you had the chief making statements and then they had to pull information back when they started off by saying that it was targeted and they had to walk it back. So, you have to be very careful when you have cases like this. I know people want to know, but your job is simple. It is to find the person responsible and put together a case that is prosecutable. That is really the focus and that is the only focus.

HILL: Chief, quickly if I could, one more for you. I was struck. John Miller this morning said most killers don't start off with a crime like this. He used the word efficiency to describe, in his words, this quadruple murder in the dark. Would you agree that this does not have the hallmarks of a first crime for someone?

RAMSEY: Well, I mean, it is not typical but you never know. I mean, there will be a lot of individuals that will try to psychoanalyze this particular individual to find out more about him, some of the things he may have done in the past. It is unusual, I'll put it that way, to have someone start off with a quadruple homicide, even though it may not -- he may not have intended for it to be quadruple.

I don't understand why he left the witness alive, to be honest with you. I'm glad he did. But normally in a case like this, that is last thing a person would do if you've already committed four murders, five won't make that much difference. I'm not trying to sound harsh but it is just a reality. So, I don't know what he was thinking. I have absolutely no idea at all.

HILL: Charles Ramsey and Joey Jackson, I always appreciate your insight. Thank you, both.

A somber day on Capitol Hill as we remember the events of January 6th, the investigation into that deadly insurrection reaching a new stage. Just ahead, we'll speak with outgoing Congresswoman Elaine Luria, who was part of the House select committee, and we'll talk about where things stand now two years later.

[05:35:00] (COMMERCIAL BREAK)

HILL: Right now, House Republicans holding a critical conference call as they continue to try to hash out a deal for House speaker. This, of course, after they failed to secure the votes needed after three days and 11 rounds of voting. Kevin McCarthy, though, remaining confident this morning, vowing to reporters they will be shocked by the progress made today. Here is GOP Congressman Jim Banks last hour on where negotiations stand.

[10:40:03]

Take a listen.

(BEGIN VIDEO CLIP)

REP. JIM BANKS (R-IN): I don't know if I see a light at the end of the tunnel yet but I'm hearing about it. A lot of progress made overnight, negotiations continue with the holdouts, as you just mentioned, a number of I believe really healthy concessions have been made.

(END VIDEO CLIP)

HILL: Joining me now to discuss, former Democratic Congresswoman Elaine Luria of Virginia. She, of course, was also a member of the January 6th select committee. Nice to see you this morning.

I have to ask, after serving two terms in the House, as you're watching what is playing out right now in Washington, what do you make of this moment?

FMR. REP. ELAINE LURIA (D-VA): This is really, you know, not that unexpected from what I saw coming with the new Congress. I mean, it was all about grievance, grievance, grievance. I think it's a Congress of versus governing, which is a stark contrast, and whatever negotiations Jim Banks was talking about that are going on behind the scenes. If McCarthy is making every concession in the world, how are they going to govern at all over the course of the next two years?

HILL: It's a question we've been asking and of a lot of lawmakers.

As we wait to see how this is plays out, there have been plenty of warnings overnight, this could stretch into the weekend, perhaps even beyond. There are bigger concerns here, the fact that without a speaker, there is no business happening in the House. New members have not been sworn in, as you know. You served on homeland security, for example, there has been talk about security clearances. What is your biggest concern in this moment when there is not currently a House of Representatives?

LURIA: Yes. I agree that that is a big concern. I served on the armed services committee, the homeland security committee. And without a functioning Congress, the Congress can't perform its roles, its oversight roles, the critical information that they receive from our intelligence agencies and in support of the military. So, the longer this drags on, the less time that those members who would be serving on those committees in the House of Representatives would be able to perform those functions.

And it is really a threat, it seems, looking from abroad. What are our adversaries thinking as they watch this chaos happen? And that certainly is a concern. It makes our country vulnerable during this time. And I think that this needs to come to an end. And a speaker needs to be selected so that the Congress can go on with its work.

HILL: What do you believe Democrats can or should be doing in this moment and you have spoken with any of your colleagues about that?

LURIA: I've spoken with my colleagues. I think that the Republicans, they're in the majority. It is going to be up to them to select a speaker and, you know, Kevin McCarthy -- really hardly anyone in the house, I think, less worthy of speaker than Kevin McCarthy. There is a lot of frustration with these people who are holding this up, the five never Kevin folks. But the truth of it is, I mean, there's got to be a time when Kevin McCarthy steps down from the charade and the Republicans can move on and bring someone else to the forefront and, really, that next step is up to them.

HILL: Let's just now talk a little bit about January 6, if we could. Just before the election, you told CNN your work on the January 6 committee was most important you've been asked to do professionally. You said it was more important than anything else you've done in Congress than your 20 years in the Navy. There were so many powerful moments of testimony. The report is out, the transcripts. Now that you're maybe a little bit removed from Washington, do you feel that this has broken through?

LURIA: I feel it has broken through with the broader public. I think that the work of the committee, the report, the information, especially the referrals to the Department of Justice, I feel that they are being acted on. That is obviously out of the committee's hands now that that has concluded. But going to Republican-control Congress, it is the one place it hasn't broken through. Essentially those Republican members of the House who voted to not certify the election results two years ago, they are still perpetuating the lies and the myth and not facing the facts and the truth. So, if there is one place in the country that it's broken through the least, I think it is the Republicans in the House.

HILL: So, what do you think then was lacking in the message or in the report? Why hasn't that information broken through?

LURIA: Well, I think that their still tied to Donald Trump. If Donald Trump is going to remain at the head of the Republican Party and they're all looking for him to answers, until it is clear that that ship is sinking, they're either going down with it or going to have to jump off at some point.

And I think back about immediately in the aftermath of January 6th. Kevin McCarthy stood up on the floor and he said the right things. He condemned the violence. He implied that President Trump had some responsibility. But shortly thereafter, he went down to Mar-a-Lago, met with Trump and made a 180 and has stayed on that course ever since. And, again, back to our original conversation, again, that is why I think he's one of the least worthy members of the House to be seeking a speakership.

HILL: It will be interesting to see that the former president is, in fact, losing some of his sway, because as we saw, he does not seem to be convincing some members clearly to support Kevin McCarthy.

[10:45:03]

When we look at where we're at, you say you feel that there is action being taken by the DOJ. Adam Kinzinger said recently that he feels for the future of this country if Trump is in charge. Do you agree?

LURIA: Most certainly. I think that he should never be allowed near the White House or any position of public trust again.

HILL: Elaine Luria, I appreciate you joining us today. Thank you.

LURIA: Thank you.

SCIUTTO: Encouraging updates on Damar Hamlin. CNN has learned that doctors have removed his breathing tube, this is just a couple days, a few days after that scary collapse during the Bills game on Monday night. The latest on his recovery, that is coming up.

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[10:50:00]

SCIUTTO: Breaking news, some good breaking news, the Buffalo Bills have tweeted an update on Damar Hamlin who you'll remember collapsed on the field Friday night. They say this, per the physicians at UCMC, the hospital where he's being treated, Damar's breathing tube was removed overnight. They say he continues to make remarkable progress in his recovery. His neurologic function remains intact. That's key. And he has been able to talk to his family and the care team, just great to hear.

HILL: It is really is. I mean, this is news that we all need, something positive to focus on. Hamlin's doctors also sharing a lighthearted moment about those moments right after he woke up. Take a listen.

(BEGIN VIDEO CLIP)

DR. TIMOTHY PRITTS, U.C. HEALTH: His first question that he wrote when he started to awaken was, did he win? So, we know that he's really -- that it is not only that the lights are on, we know that he's home.

(END VIDEO CLIP)

HILL: The NFL now working on plans for Hamlin to be recognized ahead of each game this weekend. CNN's Adrienne Broaddus is outside of the hospital in Cincinnati. And, Adrienne, we are also learning, and I think it is a great thing, Hamlin has actually spoken with his team?

ADRIENNE BROADDUS, CNN CORRESPONDENT: Yes. He was able to join the team meeting today, Erica, with the coaches and players via FaceTime. And the Bills told us Hamlin told his teammates and his coaches, love you boys. And doctors here at the University of Cincinnati Medical Center say those first moments on that field Monday night were critical to Hamlin's survival.

And it is obvious he has a heart for the community and the team he plays with based on that first question. His mind was on the game. That game Monday night, there has also been a lot of talk about Tee Higgins, that is the player from the other team who was involved in that tackle moments before Damar Hamlin collapsed. Here is what Higgins is saying.

(BEGIN VIDEO CLIP)

TEE HIGGINS, WIDE RECEIVER, CINCINNATI BENGALS: Obviously, it has been hard just because I have something to do with the play and whatnot. But everybody has been making me feel whole again. I talked to his mom and everything is okay. He's doing good. So, I'm in a good place right now.

(END VIDEO CLIP)

BROADDUS: And so many others are in a good place at this moment, too, especially the team, those who care and love him most outside of his family now that they've been able to hear and speak with their teammate and see that smile on his face. Jim and Erica?

HILL: Yes. Such -- I mean, what a moment to hear too that first update but then that he's able to FaceTime them to say, love you boys. I mean, that is -- what a moment. Talk about a great way to go into the weekend.

Adrienne, I really appreciate the updates. Thank you.

We also do want to share another bright spot. We've been talking this week about the GoFundMe that Damar Hamlin had created for his toy drive. Those donations now nearing $8 million. Pretty impressive.

On a different note, new excerpts from Prince Harry's book being leaked to the media ahead of the release next week and, boy, is he spilling this tea.

SCIUTTO: Sky News has published one expert where he describes losing his virginity to a, quote, older lady in a field behind a busy pub. He calls it a humiliating episode but does not name the woman. And in an interview with 60 Minutes that aired on Sunday, Harry does talk about the racism he and his wife faced from the British press. Here is part of that conversation with our Anderson Cooper.

(BEGIN VIDEO CLIP) PRINCE HARRY, DUKE OF SUSSEX: What Meghan had go through was similar in some part to what Kate and Camilla went through, very different circumstances. But then you add in the race element, which was what press, British press jumped on straightaway. I went into this incredibly naive. I had no idea the British press was so bigoted, how I was probably bigoted before the relationship with Meghan.

ANDERSON COOPER, CNN ANCHOR: You think you were bigoted before the relationship with Meghan?

PRINCE HARRY: I don't know. I'll put it this way. I didn't see what I now see.

(END VIDEO CLIP)

SCIUTTO: In another excerpt published in People Magazine, Prince Harry recounts how he asked a driver to recreate his mother's final moments when he visited Paris in 2007, as he rode past the Ritz Hotel, where Princess Diana had dinner and then the tunnel along the scene where her car crashed then in 1997. He even asked the driver to go the exact speed her car had been going, 65 miles an hour. What a moment.

HILL: Yes. He writes there in retrospect, I've had plenty of bad ideas in my 23 years.

[10:55:00]

This one was uniquely ill-conceived. I told myself that I wanted closure but I didn't really. I thought the tunnel would bring -- driving the tunnel would bring an end or brief cessation to the pain, the decade of unrelenting pain. Instead, he writes, it brought on the start Pain, Part Deux. Buckingham Palace has declined to comment on all the details from the book.

That is going to do it for us today and for this week. Good to have with us. I'm Erica Hill.

SCIUTTO: Yes, we hope you have a good weekend. I'm Jim Sciutto.

At This Hour with Kate Bolduan will start right after a quick break.

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