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CNN International: Colorado Supreme Court Removes Trump from 2024 Ballot; Migrant Surge Along U.S.-Mexico Border; Israeli Official: Israel and Hamas Not Near Hostage Deal at the Moment; Attacks on Ships in Red Sea at Worst Level in Decades; Civil Rights Groups Sue Texas Over New Border Law. Aired 4-4:30a ET

Aired December 20, 2023 - 04:00   ET

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

[04:00:00]

MAX FOSTER, CNN ANCHOR: Hello and a warm welcome to our viewers joining us in the U.S. and all around the world. I'm Max Foster in London. Bianca is off for the day, but just ahead on CNN NEWSROOM.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: The Colorado Supreme Court found that former President Trump should be disqualified from being on the ballot in that state. We've never had a president inside an insurrection and then try to run for the presidency again.

UNIDENTIFIED FEMALE: Thousands of migrants in Eagle Pass, Texas, waiting to be transported for immigration processing.

UNIDENTIFIED MALE: Congress has not been able to come together and do comprehensive immigration reform, which would help prevent a lot of the scenes that you see at the U.S.-Mexico border.

(END VIDEO CLIP)

ANNOUNCER: Live from London, this is CNN NEWSROOM with Max Foster and Bianca Nobilo.

FOSTER: It's Wednesday, December the 20th, 9 a.m. here in London, 2 a.m. in Denver, Colorado, where the state Supreme Court has delivered a stunning decision disqualifying Donald Trump from the 2024 presidential ballot.

The justices ruled Trump is not eligible to be a candidate because of his role in the 2021 insurrection.

His campaign issued a statement saying, in part: The Colorado Supreme Court issued a completely flawed decision and will swiftly file an appeal to the U.S. Supreme Court and a request for a stay of this deeply undemocratic decision. We'll have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these un-American lawsuits.

The ruling is on hold pending that appeal. In the meantime, Colorado's Secretary of State says she has no choice but to follow the court's decision.

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JENA GRISWOLD, COLORADO SECRETARY OF STATE: I believe that Donald Trump incited the insurrection and that it's up to a court to determine whether that incitement disqualifies him from further holding office under the Constitution.

This is exactly how Colorado law is set up. Everyday voters can file a lawsuit to have a court weigh-in. This isn't such a clear-cut case in that we don't have a lot of case law. It's unprecedented.

(END VIDEO CLIP)

FOSTER: More now from CNN's Paula Reid.

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PAULA REID, CNN CHIEF LEGAL AFFAIRS CORRESPONDENT: This is a remarkable case from the Colorado Supreme Court. They even acknowledge right in the top of their opinion the magnitude and the weight of the questions that they are analyzing here. And here, this court found that former President Trump should be disqualified from being on the ballot in that state because they say not only did he engage in an insurrection, but they believe that the 14th Amendment, which bars certain officials from holding office if they engage in an insurrection, applies even to presidents.

Now, a lower court oversaw a trial in this case. The lower court found that Trump engaged in an insurrection, but they said presidents are not specifically mentioned in that Section 3 of the 14th Amendment, so they said it didn't apply. But here, the Supreme Court, looking instead at the intent behind this amendment, looking at the overall objective of what they were trying to do when they were working on the language of this specific section.

Now, the issue there is that the Trump campaign, the Trump team, they've made it clear. They're going to appeal this to the Supreme Court. This decision will likely be on pause until the Supreme Court weighs in one way or another. But this decision, which is largely based on intent and a larger objective, is likely headed to a Supreme Court that is dominated right now by originalists, textualists, judges who pride themselves on looking at the specific literal words in the Constitution.

So it may not be the most favorable environment for this Supreme Court of Colorado decision. But again, it's unclear if the Supreme Court will take this up. They likely will want to resolve this issue because otherwise you're going to have this hanging over all 50 states and undecided.

And if the Supreme Court weighs in, that decision would be binding across the country. But the Trump team says they're going to appeal swiftly. And as soon as they do, this decision is on hold until the Supreme Court rules one way or another.

Paula Reid, CNN, Washington.

(END VIDEOTAPE)

FOSTER: Republicans lining up to criticize the Colorado Supreme Court ruling, including U.S. House Speaker Mike Johnson, who calls it reckless.

[04:05:00]

Trump's rivals for the Republican presidential nomination are speaking out as well, including his most vocal critic, Chris Christie.

(BEGIN VIDEO CLIP)

CHRIS CHRISTIE, U.S. REPUBLICAN PRESIDENTIAL CANDIDATE: I do not believe Donald Trump should be prevented from being president United States by any court. I think he should be prevented from being president United States by the voters of this country.

NIKKI HALEY, U.S. REPUBLICAN PRESIDENTIAL CANDIDATE: I want to see this in the hands of the voters. We're going to win this the right way. We're going to do what we need to do. But the last thing we want is judges telling us who can and can't be on the ballot.

(END VIDEO CLIP)

FOSTER: The immediate impact of the Colorado Supreme Court decision remains in question, especially since Donald Trump lost Colorado in 2016 and 2020.

And CNN's senior legal analyst, Elie Honig, says more legal challenges could be coming.

(BEGIN VIDEOTAPE)

ELIE HONIG, CNN SENIOR LEGAL ANALYST: And let's just sort of get our minds around what the consequences are. If this stands -- and there's a legitimate question about if it will -- if this stands, this means that millions of voters will go to the ballot, to the voting booth in November in Colorado, and they will have only one major party name there, Joe Biden. That's it. That's the consequences here.

And other states, there are dozens of pending lawsuits. Now, we'll talk about which ones are going to sort of dictate the outcomes in which. But other states, this is going to encourage other litigation, other plaintiffs in other states who are going to try to knock him off the ballot as well.

(END VIDEOTAPE)

FOSTER: Honig also weighed in on Trump's chances of winning an appeal to the U.S. Supreme Court.

(BEGIN VIDEOTAPE)

HONIG: The Supreme Court of Colorado itself recognized this is almost certainly going up to the Supreme Court. So they said, we're going to stay, we're going to put on pause our own ruling until at least January 4th. If Trump even asks the Supreme Court to review it, which he certainly will, it's on hold until then.

So it's not going to keep him off any ballot unless and until the U.S. Supreme Court says, we agree with the Colorado Supreme Court, which I think is unlikely.

(END VIDEOTAPE)

FOSTER: An Israeli official tells CNN Israel and Hamas are not near a final deal at the moment on the release of hostages in Gaza. The news comes after Israel's president suggested this country would be willing to agree to a new temporary truce with Hamas in exchange for more hostages.

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ISAAC HERZOG, ISRAELI PRESIDENT: Israel is ready for another humanitarian pause and additional humanitarian aid in order to enable the release of hostages.

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FOSTER: Meanwhile, sources say the UN Security Council is now expected to vote in the coming hours on a resolution calling for a suspension of hostilities in Gaza. This follows a delay amid negotiations to finalize that resolution, which aims to get more humanitarian aid into Gaza.

Clare Sebastian following all of this for us. First of all, on the hostages, Hamas had said they wouldn't release any more hostages unless there was a ceasefire. But it does seem as though they're sending someone into these negotiations with Israel.

CLARE SEBASTIAN, CNN CORRESPONDENT: It seems that talks are intensifying. Obviously, we're now hearing from an Israeli official that they're not near a deal, but we are getting a sense of what's standing in the way. For example, this official telling CNN on Wednesday that Hamas is asking for what they call more heavy duty prisoners.

So obviously, in return for the original hostages, they yes, so a lot of prisoners were released from Israeli jails, but they were mostly women and children. So we don't know what they mean exactly by more heavy duty prisoners, but perhaps people in prison for more severe crimes, things like that. So that's part of it.

Israel on the flip side is, according to this official, asking for all remaining hostages to be released as part of this deal. So it's clear that there are major sticking points. Israel saying, you know, it is willing for a temporary ceasefire to happen as part of this one or two weeks, according to this official.

But look, I think talks are intensifying. We're hearing today as well from Hamas, that the head of its political bureau, Ismail Haniyeh, who is based in Doha, is in Egypt to talk with officials. They haven't explicitly said that that would be about the hostages.

But we know, of course, that Egypt played a key role in brokering the previous hostage deal. So it seems that there's a willingness to at least discuss things on both sides. But it doesn't seem at this point that they are close to reaching a deal.

FOSTER: In terms of the UN vote, presumably that's an American issue as far as getting the wording into the resolution that they're looking for.

SEBASTIAN: Yes, I mean, this was supposed to happen on Tuesday, this vote in the Security Council. We then heard later on that it had been delayed. A diplomatic source telling CNN that the U.S. was reviewing the text. They're trying to get to a point where the U.S. doesn't veto it. Maybe it at least abstains instead of voting against it.

Because, of course, we saw this before. We saw the Security Council not able to pass the ceasefire resolution. The General Assembly then did, but that was non-binding.

So they're now back to the Security Council. This is a resolution that was brought forward by Qatar and trying to hammer out the wording so they can at least get something. The U.S., though, is still not in favor of a permanent ceasefire, though it is in favor, it says, of temporary pauses.

FOSTER: And in terms of the humanitarian situation, obviously the aid agency is desperate for a pause so they can get more aid in.

[04:10:00]

SEBASTIAN: Yes, I mean, look, it's now spiraling. They're saying that at least half -- this is from the World Food Programme -- that half of Gazans are starving, essentially, that people are not getting enough food. We're hearing today from UNICEF that children are not able to access 90 percent of their normal water needs. They're warning that this could spiral into a situation where disease ends up killing more people than bombardment does.

And of course, the hospital situation, this is something we've been talking about for weeks, that the hospital system is on the verge of collapse. Another hospital, according to the Hamas run Health Ministry, in Gaza, out of service as of Tuesday. There was a situation where a 13-year-old girl, this is also according to the Hamas run Health Ministry, was killed while receiving treatment for an amputation.

So aid agencies, again, humanitarian agencies, raising the alarm about this.

FOSTER: OK, Clare, thank you so much.

The U.S. warns Houthi assaults on commercial ships in the Red Sea have escalated to a level not seen in decades. A senior official says Iran- backed Houthi rebels have launched at least 100 attacks on a dozen different merchant vessels in that -- well, in the last month. The Red Sea is one of the most important maritime trade routes in the world. The Houthis say they're going after ships that in some way support Israel's war effort, even though multiple companies targeted say they have no connection to it.

CNN's Natasha Bertrand has been following this from the Pentagon.

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NATASHA BERTRAND, CNN NATIONAL SECURITY REPORTER: The U.S. and its allies are scrambling to respond to a series of attacks by the Iran- backed Houthi rebels in Yemen, who have launched over 100 attacks, according to a U.S. military official, using missiles and drones on commercial vessels in the southern Red Sea over the last four weeks alone. Causing a dramatic impact to international shipping and international commerce because of the impact that these attacks have had on these vessels operating there. Many companies have said that they're actually pausing their operations in the Red Sea because of the threat of coming under fire by these Houthi militants.

So the U.S. and its allies now trying to find a way to respond that does not involve striking the Houthis directly in Yemen, something that the U.S. has been trying to avoid over the last several weeks. And as a response to the attacks to date, the U.S. now says that they are going to be setting up an international coalition of maritime forces that will essentially be in the region and in the Red Sea available to respond and help commercial vessels if they need it. Some of the vessels or some of the ships, I should say, they will be escorting these commercial vessels if the situation warrants it.

And of course, we have also seen the shoot down a number of the missiles and drones that the Houthis have launched targeting these commercial ships in recent weeks. But it remains unclear whether the Houthis are going to be deterred by this new maritime coalition. They have said that they are going to continue their attacks on these commercial vessels in solidarity, they say, with the Palestinians and in opposition to the Israelis.

However, it's important to note that many of these ships that they have attacked, if not most of them, actually have no ties to Israel at all. And the U.S. says that the Houthis have just been attacking these ships opportunistically. And they have been taking advantage, of course, of the U.S. and allied presence in the area. They want to try to bolster their international reputation and presence there. And they think they will be able to get attention by continuing to target these vessels.

So the U.S. facing a very big problem here, growing calls for them to strike the Houthis directly. But at this point, this maritime coalition, according to the Secretary of Defense, they say, is going to hopefully help ease the problem.

Natasha Bertrand, CNN, at the Pentagon.

(END VIDEOTAPE)

FOSTER: Some of the shipping giants don't want to worry any more about attacks and whether the coalition will protect them.

Maersk says it's rerouting its fleet from the Red Sea and other companies are following suit. Many are now delivering cargo by going around Africa through the Cape of Good Hope. And that longer route is expected to snarl supply chains, push up oil prices and raise inflation, since those higher costs will likely be passed on to consumers.

Ukraine's president says he's confident the United States will keep its promise to provide wartime support, even as U.S. conservative lawmakers block a new aid package. Volodymyr Zelenskyy spoke on Tuesday about the state of the war. He says he believes he, quote, found an understanding with President Biden and the senators in his most recent trip to the U.S. And he says he has faith, despite what's happening in Congress.

(BEGIN VIDEO CLIP)

VOLODYMYR ZELENSKYY, UKRAINIAN PRESIDENT (through translator): Talking about financial aid, we are working very hard on this. And I'm certain that the United States of America will not betray us. And that on which we agreed in the United States will be fulfilled completely.

(END VIDEO CLIP)

FOSTER: Well, Mr. Zelenskyy is also addressing his military's request to draft up to hundreds of thousands of people to join the war, he says, is a complicated issue and needs to be handled with care.

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ZELENSKYY (through translator): Their position on the general staff meeting was that they proposed to mobilize an additional 450,000 to 500,000 people. This is a very serious number. And I said that I need more arguments to support this idea.

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FOSTER: President Zelenskyy also saying the challenges his military faces on the battlefield are immense. But he says his country has long, well, it's come a long way since Russia's initial invasion nearly two years ago. Ukraine won't give up.

Senate Republicans react to Donald Trump's inflammatory remarks about immigrants with both encouragement and skepticism.

Plus, civil rights groups sue the state of Texas over a new border law. What they say is the problem with the controversial legislation. Next.

(COMMERCIAL BREAK)

FOSTER: Just days after Donald Trump told supporters that immigrants are poisoning the blood of the United States, he's doubling down on those remarks, saying immigrants are, quote, destroying our country. And he's getting support and encouragement from a Republican senator.

Tommy Tuberville said he wished the former U.S. president had taken an even tougher stance against immigration. You'll recall that Trump's wife is an immigrant, and so is Elaine Chao, the wife of Republican Senate Minority Leader Mitch McConnell.

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[04:20:04]

MANU RAJU, CNN CHIEF CONGRESSIONAL CORRESPONDENT: Are you comfortable with your party's leading presidential candidate referring to legal immigrants as people who are poisoning the blood of our country?

SEN. MITCH MCCONNELL (R-KY) SENATE MINORITY LEADER: Well, it strikes me that didn't bother him when he appointed Elaine Chao secretary of transportation.

(END VIDEO CLIP)

FOSTER: Civil rights organizations are suing the state of Texas over its controversial new immigration law, which gives state and local authorities the power to arrest and deport migrants who enter Texas illegally.

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ADRIANA PINON, ACLU TEXAS LEGAL DIRECTOR: We're suing to block one of the most extreme anti-immigrant bills in the country, SB4. The bill overrides bedrock constitutional principles and flouts federal immigration law while harming Texans, in particular, brown and black communities.

FOSTER: Well, in response, Texas Governor Greg Abbott says President Biden has repeatedly refused to enforce federal immigration laws already on the books and do his job to secure the border. Texas will take the fight all the way to the U.S. Supreme Court if necessary.

As CNN's Rosa Flores reports, the legislation comes amid a surge of migrants at the southern border.

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ROSA FLORES, CNN CORRESPONDENT: What you see behind me are thousands of migrants in Eagle Pass, Texas, waiting to be transported for immigration processing.

Now, Eagle Pass, Texas is the epicenter of the immigration crisis in the United States right now. It is where the federal broken immigration system collides with the state of Texas, who wants to take this issue into its own hands. And I want to show you exactly what I'm talking about. If you look over my shoulder, you'll see that these are men, women, children who are waiting right now out in the cold to be transported for processing.

And what you're looking at right now is a federal issue in the United States. It's up to the federal government to apprehend these individuals, process them, and hold them.

But Texas Governor Greg Abbott has just signed a bill known as SB4 that would -- that has created a new state law for illegal entry into the United States. And what that means is, is the images that you're looking at right now could turn into a state issue.

Now, I've talked to state leaders all along the border who are very concerned about this. Why? Because it's going to cost their communities money.

I talked to the sheriff here in Maverick County, and he says that his deputies don't have training in immigration law and that he doesn't have space in his jail to house all of these individuals. His jail can only house 250 individuals. There's already 180 in custody, and there's thousands of people behind me.

So why is all this happening? And why is there this bottleneck? Well, right now, there's about 23,000 migrants in Border Patrol custody, and holding capacity is only 10,000. So do the math. There is an overwhelming number of migrants who are in custody right now, and it has created this bottleneck, which raises the question, why? What's happening? Why is this different?

I'll tell you why. There's a few factors. Of course, the capacity issue, the flow issue, there's a lot of migrants who are coming to the United States from all around the world. And then there's this, the Biden administration is trying to implement and use legal consequences for illegal entry into the United States.

And what they're doing in certain processing areas along the U.S. southern border is they're using something called enhanced expedited removal. And what that means is that asylum officers make a determination on a migrant's case while the migrant is in custody, which means that migrants are spending more time in custody.

And as I mentioned, they only have holding capacity for about 10,000. They're already holding 23,000 migrants. And so what this is doing is it's testing the infrastructure on the U.S. southern border.

Rosa Flores, CNN, Eagle Pass, Texas.

(END VIDEOTAPE)

FOSTER: The state's Democratic lawmaker, Joaquin Castro, says the new Texas border law is a dangerous move.

(BEGIN VIDEOTAPE)

REP. JOAQUIN CASTRO (D-TX): For the last dozen years or more, people have been frustrated, mostly with the fact that Congress has not been able to come together and do comprehensive immigration reform, which would help prevent a lot of the scenes that you see at the U.S.-Mexico border now.

I think a big problem that many folks have, including myself, is that we're absolutely willing to sit down and negotiate on these provisions, but you shouldn't be trading border restrictions or bad border policy for foreign aid. That is something that we've not seen before.

So if there's going to be a negotiation on the border, which there should be, it should be policies related to the border for things like giving DREAMers and DACA recipients a path to legalization, overhauling our visa system. That has not been part of the conversation on the supplemental aid bill at all.

[04:25:04]

And then when you look at what Governor Abbott is doing, that is a very dangerous racial profiling bill that really harkens back to the 1950s, when you had something called Operation Wetback that resulted in hundreds of thousands, if not more than a million Mexican-Americans who were citizens, they were American citizens, who were deported to Mexico back then. And so Governor Abbott is usurping federal power and has just signed into law a very dangerous bill.

(END VIDEOTAPE)

FOSTER: Well, the French Parliament has also passed a controversial legislation that tightens rules on immigration. It's a compromise between or reached between President Emmanuel Macron's ruling party and the conservative opposition.

Among other things, the law will delay migrants' access to welfare benefits and make it easier to expel illegal immigrants. It will also make it harder for immigrants' children to become French citizens.

Still to come, Donald Trump's team putting a focus on Iowa with a highly coordinated strategy to turn out voters for the first in the nation caucuses, which are next month.

Plus, the judge's ruling that could blow the lid off Jeffrey Epstein's little black book. The names of dozens of his alleged victims and associates will be made public.