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CNN International: California Secretary of State Keeps Trump's Name on Primary Ballot; Maine Removes Trump From 2024 Republican Primary Ballot; New Clashes Erupt Along Lebanon-Israel Border; Growing Desperation in Gaza as Thousands Swarm Aid Convoy; Haley Tries to Clarify Civil War Comments Amid Backlash. Aired 4-4:30a ET

Aired December 29, 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]

ANNOUNCER: This is CNN breaking news.

BIANCA NOBILO, CNN ANCHOR: It is Friday, December 29th, and there are two huge developments as the Trump team faces challenges to appear on primary ballots. In the past few hours, California, California's Secretary of State, released a certified list of candidates Thursday night for the March 2024 presidential primary that includes former President Donald Trump.

California's lieutenant governor worked to remove the former president from the ballot based on his involvement in the January 6th insurrection. This came hours after a second U.S. state barred Trump from the ballot in its Republican presidential primaries. The decision based on the Fourteenth Amendment of the U.S. Constitution, which says in Section 3, officials who, quote, engaged in insurrection cannot hold office in the future.

Maine's top election officials said the bipartisan group that brought the challenge provided compelling evidence that the January 6th, 2021 insurrection occurred at the behest of Trump. Colorado made a similar decision a few weeks ago, and another challenge is pending in Oregon, but other states have rejected the move. The chair of Maine's Republican Party said Secretary of State, Shenna Bellows, simply doesn't like Trump. But Bellows insists that the U.S. and state constitutions left her with no choice.

(BEGIN VIDEOTAPE)

JOEL STETKIS, CHAIR, MAINE REPUBLICAN PARTY: Our voting rights enshrined in the Constitution are sacred to us. And to have one particular person remove, remove really the top candidate from the ballot because she dislikes that person just smells of politics that so many Americans really, really hate now.

SHENNA BELLOWS, MAINE SECRETARY OF STATE: When we looked at the weight of evidence, it became clear that January 6th was an attack not only on the Capitol, on government officials, but also an attack on the rule of law, that it was an insurrection. And that the U.S. Constitution does not tolerate an assault on our government, on the foundations of our government. And that mean election law and the Constitution required, indeed, obligated me to act.

(BEGIN VIDEOTAPE)

NOBILO: CNN senior crime and justice reporter Katelyn Polantz has more on this story and what happens next.

(BEGIN VIDEOTAPE)

KATELYN POLANTZ, CNN SENIOR CRIME AND JUSTICE REPORTER: The secretary of state in Maine has decided that Donald Trump is not eligible to be on the primary ballot for the 2024 election in that state. So the secretary of state there is named Shenna Bellows. She is an elected Democrat and she is the person who gets to make this decision.

She looked at evidence. She had petitions before her from voters in Maine, and she ultimately decided that, yes, January 6th was an insurrection. Donald Trump did engage in that insurrection, though she did say that was a bit of a closer call than determining that it was an insurrection with the rioters alone.

And then she said that because of his engagement, he's not qualified to be on the primary ballots for Mainers who are going to vote in the primary election that is upcoming in just a few months.

The other thing that she noted is that it is her responsibility to do that. That is a crucial finding from the secretary of state saying that, yes, she does have this ability to remove a presidential candidate.

She notes in her ruling: I am mindful that no secretary of state has ever deprived a presidential candidate of ballot access based on Section 3 of the Fourteenth Amendment. That's the insurrection clause of the Constitution. I am also mindful, however, that no presidential candidate has ever before engaged in insurrection. The oath I swore to uphold the Constitution comes first above all.

So that is the decision out of Maine the second time related to Donald Trump, related to this election cycle, that a state is pulling him from their primary ballots. Colorado just did it a few days ago, their Supreme Court weighing in, saying he also was an insurrectionist in their belief and could not appear on their ballots.

And so now the U.S. Supreme Court is going to be potentially looking at what happened in Colorado, if they can make that sort of decision, if there needs to be some clarity across the land. And in the meantime, Trump's team has already said in a statement through a spokesman that they are going to be appealing this decision to state courts in Maine. That is the next step.

[04:05:00]

And the way the law works out in Maine is that they're going to have to come to a conclusion in the court system in Maine about whether Trump is eligible for their primary ballots by the end of January.

Katelyn Polantz, CNN, Washington. (END VIDEOTAPE)

NOBILO: Bernarda Villalona is a criminal defense attorney and a former prosecutor in Philadelphia, Pennsylvania, and she joins us now live from New York. Bernarda, it's always fantastic to speak to you and I'm always thoroughly impressed by how energetic and well put together you are for these early hours of the morning in New York. So let's get straight into this. So this is revolving around the Fourteenth Amendment, specifically Section three, which says that somebody should be barred from office if they have engaged in insurrection or rebellion. Talk to us about that language and what you think the threshold is for engagement in this case.

BERNARDA VILLALONA, CRIMINAL DEFENSE ATTORNEY AND FORMER PROSECUTOR: Well, that's the issue right there. That's the issue that we have that the states are having right now, that we don't have a clear definition as to what is it to be engaged in an insurrection.

So that is something that ultimately what the Supreme Court is going to have to decide. You see that you have different states that are saying he did not engage in an insurrection. Then you have the decision by Colorado. Now you have the decision from Maine and you have many pending decisions from other states that are also looking into it. So it's difficult to set one set standard to make that determination. Did this former president who's been twice been impeached, who's been four times indicted, did he engage in an insurrection?

We already know that the January 6th Committee determined that he did. You have Colorado courts that said that he did. And now you have the secretary of state of Maine say you engage in an insurrection. So the question would be, will the Supreme Court look at this case and make that determination and that clarity for all of us to be able to follow?

NOBILO: As you're outlining, all of the states can operate independently of each other. They control their own election process. Potentially, could we see vastly different interpretations of this across the United States?

VILLALONA: Absolutely. We're looking at it right now. When you have all these different states that have made different determinations and you have pending decisions that still have to be made. So the question would be, is the timing of it all? Will the Supreme Court look at this case? When will they look at this case? When will there be a determination?

Because the main thing is that there has to be a definition as to what is it to engage in an insurrection? Who makes that determination? What is the standard? Do you have to have been convicted and have been engaged in an insurrection in order for you to be disqualified from being able to run for office?

NOBILO: So what's the process now in terms of if and when the Supreme Court will actually hear this and make a judgment?

VILLALONA: Well, first off, there has to be filings. There hasn't been filings as to this specific issue.

As you can see, in the state of Colorado, everything has been stayed pending there being an appeal to the Supreme Court. And that hasn't happened yet. In terms of Maine, Maine is waiting now for there to be an appeal to the courts itself. Because it was the secretary of the state that made the determination, unlike Colorado, where there was actually a trial to determine whether Donald Trump engaged in an insurrection.

NOBILO: So if there are appeals and the Supreme Court hasn't heard this case before the primaries, will Trump be able to proceed being on these ballots?

VILLALONA: Well, as of now, he still can proceed and be on these ballots. And that's because the rulings in Colorado specifically says that it stayed until there's a determination made by the Supreme Court. So in the meantime, his name remains on the ballot.

In terms of Maine, the same thing is going to happen because the secretary of the state did acknowledge that there is going to be some backlash, that there is going to be an appeal to the courts as to her determination. So she said she will stay her decision until it has gone through the process of going through the court system.

NOBILO: Donald Trump appointed three of the nine Supreme Court judges. In your view, in terms of precedence of this Supreme Court and interpretation, what do you think would be a likely outcome?

VILLALONA: Well, that's the issue. We're dealing with unprecedented times because this issue has never been dealt with before. So this is more of one of a first impression, I will say, as to what this issue is and how it's going to be decided.

So even though former President Donald Trump appointed three of these justices is not to say that they're going to go in his favor. But what we do know is that all eyes are going to be watching to see what these Supreme Court justices do.

[04:10:00]

Because remember, like the election in 2000, we may be seeing something similar to that in terms of having a pivotal effect as to the election itself.

NOBILO: Would you anticipate that we're going to see more and more states having this fight going ahead?

VILLALONA: Absolutely. I see that this is definitely going to be a domino effect about different states coming up with this issue and having addressed this issue, whether through their court system or through their elected official. But this is not going to stop here. We're going to see this trickling down across the country.

NOBILO: Bernarda Villalona, thank you so much for joining us this morning. Criminal defense attorney and former prosecutor, always appreciate your insight. Thanks. VILLALONA: Thank you.

NOBILO: The bloodshed and suffering in Gaza are coming into sharper focus as Israel's war with Hamas approaches the three-month mark. Gaza's health ministry, which Hamas controls, says Israeli airstrikes claimed 50 lives on Thursday. A hospital director says 21 people were killed after an apparent Israeli strike on a residential building in Rafah.

An Israeli military spokesperson says Rafah is supposed to be a designated humanitarian area, but claims Hamas fighters are hiding among the civilians. The Hamas-controlled health ministry says the death toll in Gaza now exceeds 21,300 all since October 7th, though CNN cannot independently verify those figures.

Meanwhile, Israeli Prime Minister Benjamin Netanyahu says talks to free the remaining hostages in Gaza are ongoing. He met with hostage families in Tel Aviv on Thursday. Ronen Neutra's son was serving as a tank commander near Gaza, and he's been missing in action since October 7th.

(BEGIN VIDEO CLIP)

RONEN NEUTRA, FATHER OF HOSTAGE: Our message to Prime Minister Netanyahu was loud and clear. It's his responsibility and his administration to bring the hostages back home, and he needs to pull every lever to bring them back. According to Prime Minister Netanyahu, unfortunately, the problem continues to be Hamas. Hamas is refusing to come back to the negotiating table and to take out any offers.

(END VIDEO CLIP)

NOBILO: Elliott Gotkine joins us live from Tel Aviv. And Elliott, we're also learning about an Israeli military report on those three hostages who were mistakenly killed earlier this month.

ELLIOTT GOTKINE, JOURNALIST: We are, Bianca. This report outlines the tragic sequence of events that led to Israeli soldiers killing three Israeli hostages on the battlefield in Gaza on December the 14th. What this report outlines is missed clues, missed opportunities to rescue these three hostages, missed things like a note saying hoshiya, save us, scrawled on a piece of paper, or SOS help three hostages being written on a building and that being captured by drone footage.

What seems to have happened, according to this report, is that the soldiers thought that when they saw these three hostages wandering around the battlefield shirtless, holding up a makeshift white flag, that this was an attempt by Hamas militants to entrap them, as they had done in the past, to go into a place where they could then be ambushed.

What seems to have happened, according to this report, is that the soldiers, when these three hostages came out, they fired at them. They killed two of them. A third ran into a building and then called out for help in Hebrew. The commander called for the hostage to come out, ordering his soldiers to hold fire. But two of them didn't hear the order, apparently because of the noise from a nearby tank, and shot and killed this third hostages.

So Israel says that it failed in its mission in this situation, and it has drawn lessons and conclusions, in particular, the possibility that hostages could be just wandering around the battlefield rather than be hiding in tunnels or only being able to be reached by some kind of special operation.

And Bianca, it's also worth noting the context here, which is that since Hamas kidnapped more than 200 people as part of its murderous rampage through Israel on October the 7th, only one hostage has been rescued alive by Israeli soldiers, that of a female soldier. No other hostages have been freed by Israeli forces. Only those hostages released by Hamas as part of that exchange, during that truce, in exchange for Palestinian prisoners being held by Israel. Only those ones have been released alive to Israel -- Bianca.

NOBILO: This is a very important reminder, I think, and thank you for that. Now, Elliot, we've heard from Benny Gantz again, these repeated warnings that if the world and Lebanon don't step up to stop attacks into northern Israeli territory, then the IDF will essentially have to take it into its own hands.

[04:15:00]

What might that mean in practice, especially when we're talking about a border that is really the most likely arena for that much feared regional spillover?

GOTKINE: This is precisely what the U.S. and other people in the international community have been fearing, that this war with Hamas could escalate into another front. Now, we've already seen attacks from Iranian-backed Houthi rebels in Yemen, firing drones and missiles towards Israel's southern city of Eilat. And we've seen pretty much since the get-go Hezbollah, which is also an Iranian proxy, firing from southern Lebanon towards Israeli positions and Israeli communities.

Tens of thousands of people there in the north have been forced to leave their homes and cannot go about their daily lives. And just on Thursday, more than 50 attacks, missiles, rockets, drones fired towards Israel, including one that set off air raid sirens in the suburbs north of Haifa, one of Israel's most important cities, home to Israel's biggest port. And the situation, I think, Israel is getting to the point where its patience is running out.

It feels that it has been relatively measured in its responses to Hezbollah so far. But as Benny Gantz said on Thursday, as we also heard from the foreign minister Eli Cohen, we've heard from Benjamin Netanyahu, the prime minister, from the defense minister Yoav Gallant, if Lebanon doesn't rein in Hezbollah, or if Hezbollah does not rein itself in, then Israel will be forced to take matters into its own hands. And that would mean another front opening up for real, rather than this kind of war that isn't a war, that's been going on for weeks now and has yet to be, I suppose, declared as another official front.

But there are grave concerns that this will escalate, and this could be perhaps a much serious -- a more serious war than the one that's going on in Gaza, at least from Israel's perspective -- Bianca,

NOBILO: Elliott Gotkine in Tel Aviv. Thank you so much. Good to see you.

Elsewhere in Gaza, the shortages and suffering show no signs of letting up. CNN footage shows thousands of desperate civilians overwhelming a relief aid convoy in the northern part of the territory.

These are just two of the 80 aid trucks that entered Gaza on Thursday. The U.N. emergency relief corridor -- coordinator has called getting life-saving supplies into the enclave an impossible situation. Those are really staggering pictures.

An impossible situation, they say, for both the Palestinians and those trying to help them. Earlier this week, the U.N.'s Food and Agriculture Organization said 2.2 million people in Gaza are now dealing with acute hunger.

And if you would like information on how to help with humanitarian relief efforts for Gaza and Israel, please do go to CNN.com/impact. There you'll find a list of vetted organizations that are providing assistance. Once again, that's CNN.com/impact.

We go to Ukraine now, where fires and explosions rattled multiple cities as Russia unleashed a wave of new strikes across the country this morning.

Officials say the strikes left at least two people dead and 18 others injured in the capital, Kyiv. The attacks set buildings on fire and shut down at least some subway lines as well, while more casualties are reported in Kharkiv, Odessa and other cities where schools, hospitals and businesses were struck. But Ukraine's prime minister says the air defenses still managed to shoot down most incoming targets.

Still ahead on CNN NEWSROOM, Republican Nikki Haley playing clean up on the campaign trail. How she's clarifying some of those controversial comments on the civil war and slavery.

Plus, a party with scantily clad celebrities sparks outrage in Russia. Just ahead, we'll tell you why it all went wrong.

And a SpaceX rocket blasts off on a mysterious mission for the U.S. military. What we know about this secret mission, coming up ahead.

[04:20:00]

(COMMERCIAL BREAK)

NOBILO: Welcome back.

U.S. Republican presidential hopeful Nikki Haley is in damage control mode, trying to contain the fallout from a controversial exchange about the Civil War and slavery, as CNN's Eva McKend reports.

(BEGIN VIDEOTAPE)

NIKKI HALEY, U.S. REPUBLICAN PRESIDENTIAL CANDIDATE: Of course the Civil War was about slavery. We know that. That's unquestioned, always the case.

EVA MCKEND, CNN CORRESPONDENT (voice-over): Nikki Haley playing cleanup after this exchange with a voter during a New Hampshire town hall Wednesday night.

UNIDENTIFIED MALE: What was the cause of the United States Civil War?

HALEY: Well, don't come with an easy question. I mean, I think the cause of the Civil War was basically how government was going to run, the freedoms and what people could and couldn't do.

UNIDENTIFIED MALE: In the year 2023, it's astonishing to me that you answer that question without mentioning the word slavery.

MCKEND (voice-over): After not mentioning slavery in her initial response, Haley acknowledging in interviews and campaign appearances the Civil War was about slavery.

HALEY: If you grew up in the South, it's a given that it's about slavery. To me it was about freedom. What do you do? It's bigger than slavery. That was such a stain on our history. But what do you take from it going forward?

MCKEND (voice-over): The former South Carolina governor also claiming without evidence the questioner was a Democratic plant. The audience member who asked the question declined to share his full name or party affiliation when asked by reporters.

HALEY: It was definitely a Democrat plant. That's why I said, what does it mean to you? And if you notice, he didn't answer anything.

MCKEND (voice-over): The episode sparking swift blowback from Haley's primary rivals.

RON DESANTIS, U.S. REPUBLICAN PRESIDENTIAL CANDIDATE: I just think that this shows this is not a candidate that's ready for primetime.

MCKEND (voice-over): And Vivek Ramaswamy saying when you try to be everything to everyone, you're nothing to anyone. President Joe Biden also weighing in, saying clearly it was about slavery.

Haley's handling of the question also drawing fresh attention to her complicated public posture toward the Confederacy.

[04:25:00]

HALEY: I say that as a southern governor who removed the Confederate flag off the Statehouse grounds. And I say it as a proud American of how far we have come.

MCKEND (voice-over): CNN's K-File found in 2010, Haley said this about the Confederate flag. HALEY: This is not something that is racist. This is something that is

a tradition that people feel proud of.

MCKEND (voice-over): But in 2015, a shooting at a historically black church in Charleston spurred then Governor Haley to call for the flag's removal from Statehouse grounds.

HALEY: We heard about the true honor of heritage and tradition. We heard about the true pain that many had felt. The Confederate flag is coming off the grounds of the South Carolina Statehouse.

MCKEND (voice-over): The stumble by Haley comes as she has steadily gained momentum in the GOP primary, with a recent New Hampshire poll showing her securely in second place behind former President Donald Trump, but well ahead of DeSantis and Chris Christie.

MCKEND: Some of Haley's supporters that we spoke to remain un-swayed by all of this and really are continuing to be very enthusiastic about the campaign. But she did get a pointed question from a voter who suggested she needed to redeem herself from this entire debacle by categorically rejecting that she would ever be Trump's running mate if asked. She didn't categorically reject it. She instead leaned on a familiar refrain that she often gives in which she says she's not in this contest to play for second place.

Eva McKend, CNN, Lebanon, New Hampshire.

(END VIDEOTAPE)

NOBILO: You heard some of what Nikki Haley's Republican rivals are saying in that Eva McKend report. But here's a bit more.

(BEGIN VIDEO CLIP)

DESANTIS: Not that difficult to identify and acknowledge the role slavery played in the Civil War.

CHRIS CHRISTIE, U.S. REPUBLICAN PRESIDENTIAL CANDIDATE: I'll make it easy for you. If someone asked me what the cause of the Civil War was, it's easy. It's slavery.

(END VIDEO CLIP)

NOBILO: The first contests in the 2024 race are rapidly approaching now. The Iowa caucuses are set for January 15th and the New Hampshire primary is on January the 23rd.

We have exclusive reporting that provides a behind the scenes look at the Trump campaign's chaotic efforts to reverse his 2020 election loss using fake electives. So stay with us for that.

END