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DOD Secretary Lloyd Austin Hospitalized; Alaska Airlines Mid- Air Scare; Republican Push To Impeach DHS Secretary Alejandro Mayorkas; DHS Secretary Set To Visit Southern Border Tomorrow; GOP Candidates Hit The Ground Ahead Of Iowa Caucuses; Biden To Speak In South Carolina Monday After Campaign Launch; Hill Leaders Poised To Announce Deal Today On Spending Levels As Lawmakers Face Shutdown Threat; Donald Trump Takes Immunity Defense To Court Tuesday; Blinken: Israel Must Do More To Protect Civilians In Gaza. Aired 2-3p ET

Aired January 07, 2024 - 14:00   ET

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

(COMMERCIAL BREAK)

[14:00:43]

FREDRICKA WHITFIELD, CNN HOST: Hello, everyone. Thank you so much for joining me. I'm Fredricka Whitfield.

This breaking news. New details about U.S. Defense Secretary Lloyd Austin's secretive days' long hospitalization. The storm around his hospital stay is growing, as more top White House officials are now saying they had no idea Austin was incapacitated.

Defense officials tell CNN the deputy Defense Secretary was not informed about why she began assuming some of Austin's duties last week, the day after Austin was admitted to Walter Reed Medical Center for complications from an elective surgery.

Austin's staff did not reveal the hospitalization to her, White House staff, or even President Biden for another two days.

And now many Republicans are criticizing the Defense Secretary, calling his lack of transparency shocking and totally unacceptable.

(BEGIN VIDEO CLIP)

MIKE PENCE, FORMER VICE PRESIDENT OF THE UNITED STATES: The handling of this by the Secretary of Defense is totally unacceptable. And I believe the American people have a right to know about his medical condition, about the reasons for it.

SENATOR JAMES LANKFORD (R-OK): It's pretty shocking on this because when you're the Secretary of Defense, you need to make everyone aware that you're actually going to be out of pocket. Apparently the National Security Council didn't know it, the White House didn't know it, Congress didn't know it.

We're at a time of a lot of turmoil internationally. And suddenly the Secretary of Defense more than just a matter of wasn't there, actually sent over false information saying I'm working from home when he's not actually available at all.

(END VIDEO CLIP)

WHITFIELD: CNN's Arlette Saenz is in Wilmington, Delaware where the president is spending the weekend. Are we learning any more as to why the Defense secretary's stay in the hospital was so secretive?

ARLETTE SAENZ, CNN WHITE HOUSE REPORTER: No, Fred. Things are still pretty tight lipped for exactly why the Pentagon waited so long to disclose the fact that Defense Secretary Lloyd Austin had been hospitalized since New Year's day.

Now, the White House has said President Biden maintains confidence in Austin's ability to serve. But so many questions still remain about why they delayed -- the Pentagon delayed the disclosure of that hospitalization.

As you noted, deputy Defense secretary Kathleen Hicks started assuming some of the duties of the Defense secretary on Tuesday, one day after Austin had been admitted into Walter Reed Hospital. So she was even unaware that the reason she was doing so was because he was hospitalized.

It was not until Thursday afternoon that she learned that was the case. That is the same day that national security advisor Jake Sullivan learned about the hospitalization and then informed the president for the very first time.

Now, there has been a wave of criticism, as you heard in the introduction right there. The highest-ranking Republican on the Senate Armed Services Committee, Roger Wicker, said that the fact they waited so long to disclose this was unacceptable. He said that it also erodes public confidence in the Biden administration.

But Austin has had his defenders, including Congressman Jim Clyburn of South Carolina this morning, who said that the Defense Secretary should also be afforded the same access to patient privacy laws as other people in the country. Take a listen.

(BEGIN VIDEO CLIP)

REP. JAMES CLYBURN (D-SC): He does have a duty to keep the public informed. and I don't know whether it was him or somebody inside the military establishment that decided to do it this way. But I'm sure he will do a little better going forward, as he said he would.

(END VIDEO CLIP)

SAENZ: Now, President Biden spoke with Lloyd Austin last evening. The White House describing that conversation as a cordial one, saying he looks forward to the Defense Secretary being back at the Pentagon.

But still many questions remain about why they waited so long to disclose this hospitalization.

WHITFIELD: And then, Arlette, how is he doing? What do we know? SAENZ: Sorry. I had trouble hearing you. Can you repeat that?

WHITFIELD: Sure. Ok. Arlette, do we know how the secretary is doing?

SAENZ: So far they've said that he is recovering well. He said that he was happy to be on the mend. He said that in a statement and we have yet to hear what the latest is about when he will be released from the hospital.

[14:05:00]

I will say that Austin also released a statement yesterday, where he acknowledged the questions about transparency and said in that statement quote, "I could have done a better job ensuring the public was properly informed and I commit to doing better."

WHITFIELD: All right. Arlette Saenz, thank you so much from Wilmington, Delaware.

Let's talk more about all this. We're joined now by former deputy national security adviser Victoria Coates.

Victoria, great to see you. As someone who worked as a senior White House administration official, what generally is the protocol for a sitting secretary, who might be hospitalized, have an illness? Who needs to be informed, under what circumstances, et cetera?

VICTORIA COATES, FORMER DEPUTY NATIONAL SECURITY ADVISER: Well good to be with you, Fred. And I'm actually going to go back a little bit farther in my checkered past to when I was serving as Secretary Rumsfeld's archivist, and I actually saw papers related to his 2006 hospitalization for rotator cuff surgery.

And the way that was handled was everyone was informed, both the purpose of the surgery, the date of the surgery, because as the Secretary of Defense, you are a member of the National Security Council. This is what's convened by the president in the event of an emergency.

So that has to be very, very clear to all the other members because you don't know when that emergency is going to come. And for this routine surgery, you know, everybody was informed. The press was informed the morning of the surgery. the authority was transferred to Gordon Eklund. And when Secretary Rumsfeld came out of the anesthesia, he resumed his duties.

This shouldn't be complicated. And the fact that they've allowed this to turn into a massive news cycle and scandal, something that should be totally routine, is really quite shocking.

WHITFIELD: Let me get your response to this because just moments ago, the U.S. Secretary of State Antony Blinken, who is in the Middle Eastern region had this to say. Let's listen.

(BEGIN VIDEO CLIP) ANTONY BLINKEN, U.S. SECRETARY OF STATE: I wasn't aware of his medical issue. In fact, I talked to Lloyd last weekend before this incident, and I know that he's put out a statement addressing it.

(END VIDEO CLIP)

WHITFIELD: All right. So, what's your point of view? I mean, the secretary of state didn't know. You just gave an example of how, when Rumsfeld was being hospitalized, everyone knew. I don't know if everyone outside of DOD you're talking, the secretary of state at that time as well would know.

But is it unusual that the secretary of state wouldn't know about the Defense secretary's condition?

COATES: It's really extraordinary to me. And now from the NSC perspective, from the National Security Council staff perspective, you have to be able to put together crisis management on the fly.

And the fact that Secretary Blinken didn't know, Deputy Secretary Hicks didn't even know. That's probably why she didn't come back from Puerto Rico because she was being told that he was working from home, and that's what the rest of the Pentagon knew.

So, it's really confounding, Fred, that they would allow this to happen. And especially in a time of crisis like this, which is the cause of Secretary Blinken's trip to the region. You know, what if we had a successful strike in the Red Sea and had to respond on a second's notice?

You know, that's why you take these big jobs. You assume that responsibility. You take an oath. And this is, as I said, extraordinary.

WHITFIELD: Right. And the deputy secretary of Defense, Kathleen Hicks, we understand would customarily assume duties if, say, the secretary was anesthetized or for any reason unable to perform his duties.

But now it seems that we're still trying to get a handle of the timeline in which she was informed, that she had either assumed those responsibilities and/or that he was being hospitalized. Customarily, how immediately would a deputy be informed?

COATES: I mean, if I were running this, I mean, I would say you would want to inform people well in advance, especially if you know. You know, and when the crisis or whatever it was that took him to the ICU happened, then immediately you want to over-inform people so that they're prepared because if we have had to have an NSC meeting last week with Hicks in Puerto Rico and Austin in the ICU, DOD which would have been the lead on whatever the crisis was, would have been represented by the acting undersecretary of policy. And that's -- you know, that's not an ideal situation.

So, I think over informing and having people be prepared so that we're not flat-footed in the event of a crisis is the way to go. WHITFIELD: And I think everyone is happy and relieved that the

Secretary of Defense Lloyd Austin is ok and is on the right end of hospitalization as far as we know.

But again, as you underscore the outstanding questions about his hospitalization, whether the public was adequately informed as well as White House and other cabinet members.

[14:10:00]

Victoria Coates, appreciate it. Thank you so much.

COATES: Thank you, Fred.

WHITFIELD: All right. Meantime, we're also learning new details about the Alaska Airlines plane involved in a midair scare over Oregon, when a part of the Boeing 737 Max 9 jet was blown off, leaving a gaping hole right there, as you see. That was Friday night.

The National Transportation Safety Board now says the sudden depressurization from that incident was so strong that headrests and cushions were ripped off seats near the hole. And no one was seated directly next to the open hole during that flight.

Investigators are now asking for the public's help to recover the large piece of the plane that fell off when they may have been between 10,000 and 16,000 feet. That could provide key clues as to what went wrong.

CNN's Pete Muntean and Mike Valerio are tracking all of the developments here reporting.

Pete, you first. We have new reporting about the plane at the center of all this. What are you learning.

PETE MUNTEAN, CNN AVIATION CORRESPONDENT: Well, we're getting some incredible new details, Fredricka, about the force of this incident. I just spoke to the head of the National Transportation Safety Board. She says, the video might look calm, but chaotic is a lot more like it. Very cold and very windy on board, she says.

And NTSB investigators have now toured the plane itself from the outside and the inside. And NTSB chair, Jennifer Homendy tells me the headrest was ripped off of seat 26a. That's right next to that refrigerator-size hole on the plane. Headrests also missing from 25a, in front of it. In fact some of the seat assemblies themselves, she says, were twisted.

The investigation now going to focus on a few things. The pilots, they will be interviewed by the NTSB by the end of the day today. The maintenance records are on board, Homendy says.

She also says that she's aware that there were some pressurization issues with the plane prior. Still unclear if that's a factor in all of this. Big question now, what maintenance was done to fix that and what

maintenance was done on the door plug? That is the part of the plane that flew off on Friday.

Homendy says she thinks it is very lucky that this happened at 16,000 feet, not 33,000 feet, and this happened only ten minutes from the airport and the crew was able to get this plane back on the ground very quickly and very safely. Listen.

(BEGIN VIDEO CLIP)

JENNIFER HOMENDY, CHAIR, NATIONAL TRANSPORTATION SECURITY BOARD: Think about what happens when you're in cruise. Everybody's up and walking. Folks don't have seat belts on. They're going to restrooms. The flight attendants are providing service to passengers. We could have ended up with something so much more tragic. And we're really fortunate that that did not occur here.

(END VIDEO CLIP)

MUNTEAN: Homendy tells me one more interesting detail. She says it seems like there was a piece of clothing caught up in that hole created by that door plug.

Alaska Airlines tells us the seat immediately next to the hole in this Boeing 737 Max 9 was not filled. But Alaska is not telling us it was not filled by somebody who missed their flight, would have been an incredible stroke of luck, Fredricka.

WHITFIELD: Oh, my gosh. I mean extraordinary on so many levels.

Mike, to you. Authorities are searching, you know, for the missing piece of the plane. And they're hoping that the public might be able to help. Are they giving any instructions to what to look for? We don't know if it's going to be all intact, you know, that door-sized area, or it will be in pieces.

MIKE VALERIO, CNN CORRESPONDENT: Fred, they haven't said if it's going to be intact or in pieces. They have no idea. But I think that there is an astonishing human dimension to this story in terms of the people who are quite astonished that this piece of the puzzle could be in the neighborhood in Cedar Hills about 15 minutes away from where we're standing right now.

And I just want to give our viewers at home a sense of where investigators will be looking in the hours to come. We were just in the search zone. No activity as of yet. But this is not an, Fred, uninterrupted, idyllic stretch of Oregon forest.

No. This is a very densely populated suburban neighborhood, with hundreds of homes. And as we were driving, our team was driving through the neighborhood, you know, there were people who are walking their dogs. It's Sunday morning. They're enjoying this beautiful neighborhood and a break in the rain.

People cannot believe that they are part of the dimension of this story, being asked to play a part to find this piece of the investigation. There's also a rather large lake in the middle of Commonwealth Park in the middle of that search zone.

So as we go to this next news conference that's set for some time today, one of the questions we will be asking, if there's going to be any kind of diver support to look for this door plug?

[14:15:00]

VALERIO: Now, there's also, of course, the story line of the people who survived this. We want to go to a sound bite from Stephanie King, who told us just a few hours ago how terrifying this was from her point of view. Listen.

(BEGIN VIDEO CLIP)

STEPHANIE KING, PASSENGER, ALASKA AIRLINE FLIGHT 1282: It was really, really scary, as you can imagine. Initially, when the piece flew off, it was -- there was almost multiple explosions. And it, at first, felt like all of the air from outside rushed into the cabin and particles were flying everywhere. I'm not sure what that was, if it was ice or debris from the plane itself.

But it came forward and then it got sucked back out very dramatically.

(END VIDEO CLIP)

VALERIA: Two more notes on what to look forward to in the hours to come today. John Lovell is going to be an investigator in charge of this scene. He confirmed with us yesterday that he represented the United States, Fred, in terms of helping Ethiopian authorities back in 2019 to investigate the crash of the Max 8 that claimed, of course, scores and scores of lives. And also the flight data recorders are going to be sent from this side of the country to NTSB headquarters in Washington, D.C. to see if any information can be gleaned from those data recorders, Fred.

WHITFIELD: All right. Incredible updates from both of you. Thank you so much Mike Valerio, Pete Muntean, appreciate it.

All right. Still to come this hour. Between the grounding of the Boeing 737 Max 9s and bad weather across the northeast, it's not a great day for travelers out there. Flight Aware is reporting over 2,500 U.S. flight delays and more than 700 cancellations today.

Straight ahead where the winter storm is heading and the dangerous weather on deck this week.

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[14:20:31]

WHITFIELD: The Republican push to impeach Homeland Security Secretary Alejandro Mayorkas is getting support now from more key swing district Republicans.

CNN chief congressional correspondent Manu Raju has the latest.

(BEGIN VIDEOTAPE)

MANU RAJU, CNN CHIEF CONGRESSIONAL CORRESPONDENT: Behind the scenes, House Republicans are planning a aggressive push to potentially impeach Alejandro Mayorkas sometime in the next several weeks, potentially in the first quarter of this year. This is according to new reporting from my colleagues Melanie Zanona, Annie Grayer and myself.

We are hearing that House Republicans are growing increasingly confident that they can have the votes to actually impeach Mayorkas. This is a shift from some time ago when there were a lot of Republicans who essentially did not know what they believe were essentially a policy dispute with the Biden administration rises up to that very high bar in the constitution of high crimes or misdemeanors, a charge that has not been levelled against a cabinet secretary since 1876, only one other time in history. That was the secretary of war, William Belknap back then.

Alejandro Mayorkas could be the second because of how House Republicans are going after what's considered a crisis at the southern border, this uptick in migrants crossing the southern border and what Republicans believe is Mayorkas' failure to deal with it.

Now what has shifted here is a view among some of the swing district Republicans. We talked to several of them, saying that they are open to the idea of impeaching Mayorkas. Some of them said they are fully on board like Congressman Anthony D'Esposito of New York, a freshman Republican who told me he absolutely should be impeached.

But there is still a very narrow margin for Speaker Johnson to get this through. Johnson will have to contend with a very narrow majority that's getting even slimmer, with the resignations upcoming as well as with his deputy Steve Scalise who's going to be out for health reasons for the next month.

So he has to limit his defections but actually it's only one vote if it comes down to it. And one Republican, we are told, Ken Buck of Colorado, told us that he believes that going down this path could be a dangerous precedent. He's not opposed to impeaching Mayorkas. But vote counting will be central here.

Now the Homeland Security Department is pushing back on this, saying the House Majority is wasting, quote, valuable time in going after Mayorkas. They point to what he has done at the border and they say that impeaching him, charging him with a high crime, is simply out of bounds and simply does not line up with what is actually happening on the border.

But the House GOP controls the majority and immigration has become a defining issue in 2024, one issue that is unifying Republicans, which is why many of them believe it is more likely now that Mayorkas would get impeached than Joe Biden, where a lot of Republicans simply say they have not seen evidence yet to suggest that Joe Biden committed a crime while in office. And so that issue is beginning to play out the investigation into Biden but Mark Green, the chairman of the House Homeland Security Committee tells us that he expects a handful of hearings not to go on and on and on about the Mayorkas impeachment and then potentially an impeachment vote in his committee bypassing the House Judiciary Committee. That is the plan at the moment, taking it straight to the floor.

But will they have the votes to get there? That remains the question. So this remains a big focus for House Republicans as they return to Washington.

Manu Raju, CNN -- Washington.

(END VIDEOTAPE)

WHITFIELD: All right. Thanks so much, Manu.

So while he faces backlash on Capitol Hill, Secretary Mayorkas is expected to visit the U.S. Southern border tomorrow.

Joining me now is CNN national correspondent, Rafael Romo. So what more can you tell us about this expected trip?

RAFAEL ROMO, CNN NATIONAL CORRESPONDENT: Yes. There's the impeachment effort. There's the funding wars. And now, as all this is happening, the Department of Homeland Security announced that Secretary Mayorkas is traveling tomorrow to Eagle Pass, Texas. They're calling this an operational visit regarding ongoing southwest border enforcement efforts.

They also say Mayorkas will meet with Customs and Border Enforcement Protection personnel, including border patrol leadership as well as local officials.

I was at Eagle Pass less than two weeks ago, and local officials told me that beyond the heated rhetoric, what they need is resources to address the crisis at the border. The mayor of Denver mirrored the same feeling earlier today. Let's take a listen.

(BEGIN VIDEO CLIP)

MAYOR MIKE JOHNSONTON (D), DENVER: We have folks that arrive in Denver, and their court dates are 2029, five years out because the courts are so backlogged.

JOHNSTON: If you could put capacity at the border to administer these asylum claims in 30 or 60 days, decide who has a valid claim, and then send them to interior cities with work authorization even while they're waiting to hear that claim, we could put them to work. We could solve this.

(END VIDEO CLIP)

[14:25:00] ROMO: In the month of December, there were more than 302,000 of what CBP authorities call migrant encounters at the U.S. southern border, Fred.

WHITFIELD: And then Republican Senator James Lankford, I mean one of the negotiators for a border security bill between Congress and the White House said he expects to see text for a border bill this week.

What do we know?

ROMO: Yes. That's right. And that's really the other side of the same coin, right? Both Democrats and Republicans realize that the border crisis is a problem that needs to be addressed immediately. And some members of congress are taking steps to come up with an agreement with that goal. There's no agreement yet. This issue is tied with a larger supplemental package that would include funding for Ukraine and Israel, Fred.

WHITFIELD: Ok. And then there's the Texas governor Greg Abbott, who said this morning that he's pretty confident that his state will win against a lawsuit filed by the Biden administration.

ROMO: Yes. That's right. Abbott essentially says that because in his view, the federal government is not enforcing immigration law, the state of Texas is obligated to do so. This is how he explained it earlier today.

(BEGIN VIDEO CLIP)

GOV. GREG ABBOTT (R), TEXAS: They rely upon what's called field preemption. And what that means is that the laws passed by Congress preempt the field or the totality of the ability for states to do something different. However, that field preemption that the federal government is relying upon, presumes that the federal government will be enforcing the law passed by Congress.

In this case, the federal government is not enforcing the laws passed by Congress. In fact, they're acting contrary to the laws passed by Congress. That creates the opening for Texas to be able to enact a law that simply enforces the very same laws passed by the United States Congress.

(END VIDEO CLIP)

ROMO: That's right. The new law signed by Governor Abbott last Monday makes it a state crime in Texas to enter the state illegally. The new legislation has sent ripples of fear throughout the Latino community in Texas who make up about 40 percent of the state's population and raised concerns about racial profiling from civil rights organizations and immigration advocacy groups. A very complicated issue.

WHITFIELD: Yes. Lots going on. And this is a pretty big, potentially a pivotal week.

ROMO: Right.

WHITFIELD: Raphael Romo, great to see you. Thanks so much.

All right. President Biden's push for re-election is now in full swing. But some key allies are worried about the president's momentum.

That's next.

(COMMERCIAL BREAK)

[14:31:51]

WHITFIELD: All right. Welcome back.

We're just over a week away from the Iowa caucuses, and Republican presidential candidates are making campaign stops across the Hawkeye State. The caucuses there offer the first glimpse of voter support this election year.

Ron DeSantis and Asa Hutchinson each have meet and greet events, while Vivek Ramaswamy is busy with several stops today.

And this morning, DeSantis was on CBS warning about the risk of another Trump nomination.

(BEGIN VIDEO CLIP)

GOV. RON DESANTIS (R-FL), PRESIDENTIAL CANDIDATE: The Republicans, we have a great shot to win if we frame the issues about the problems facing the country, the failures of the Biden administration, and how we have a set of ideas to turn the country around. I think if we're relitigating the past elections, if it's about, you know, Donald Trump or his legal issues or criminal trials or all that stuff, I think it's going to be a really nasty election. I don't think that puts Republicans in a good position to win. So, we need to have an election on the issues. You know, we need a candidate that can win a clear-cut victory, and we need to start looking forward.

(END VIDEO CLIP)

WHITFIELD: Polls show Donald Trump with a strong lead in Iowa, leaving Nikki Haley and DeSantis vying for second place.

And yesterday, Haley rejected the idea of ramping up attacks against the former president, despite pushback.

(BEGIN VIDEO CLIP)

NIKKI HALEY (R), PRESIDENTIAL CANDIDATE: For those that want me to hit Trump more, I just am not going to do it. I told you that's the -- I'm not going to do it. If he lies about me, I'll call him out on it. If he's done something wrong, whether it's the economy or how he talks about the dictators and those things, I'll call him out on every one of those issues. But I just think politics is personal enough, and I think let's focus on the issues and getting America back on track.

(END VIDEO CLIP) WHITFIELD: All right. Meantime, for the Democrats, President Biden will be speaking tomorrow at Mother Emanuel AME church in Charleston, South Carolina. That was the site of the 2015 church massacre, killing nine Black parishioners.

I want to discuss this with Leah Wright Rigueur, associate professor at Johns Hopkins University and CNN political analyst.

So great to see you.

LEAH WRIGHT RIGUEUR, CNN POLITICAL ANALYST: Thanks for having me.

WHITFIELD: So, this is an important first stop for the Biden campaign, and it's poignant. I mean, Friday in Valley Forge, Biden, as he officially kicked off his re-election campaign, talked about the threats to democracy. How do you see Biden zeroing in, perhaps, even further with this stop in South Carolina?

RIGUEUR: Well, one of the things that the Biden campaign has essentially agreed on for the launch of the 2024 presidential election is to start off at things that have extreme importance for the questions of democracy but also are sites of trauma, hence South Carolina and the church and the site of the shooting of dozens of Black people by Dylann Roof. So hate crime. And part of it is to remind people what's at stake.

But it's also about acknowledging the significance of the core of the backbone of the Democratic Party, which is Black voters. So, this is an incredibly, I think important strategy for Biden. And it's especially poignant, given that Jim Clyburn of South Carolina has come out and said that he does not think that the Biden message is resonating or cutting through what he called the MAGA wall, the message of Donald Trump and make America great again.

[14:35:14]

So, for -- I think for somebody like Biden and for the Biden campaign, this is all about trying to really emphasize these dual ideas of what is at stake in this election, what does democracy mean, and what does democracy mean for America's most vulnerable populations, including African Americans, who really are the backbone of the modern Democratic Party?

WHITFIELD: And, in fact, let's listen to Congressman Clyburn right now. This is how he put it.

(BEGIN VIDEO CLIP)

REP. JIM CLYBURN (D-SC): I have no problem with the Biden administration and what it has done. My problem is we have not been able to break through that MAGA wall in order to get to people exactly what this president has done.

(END VIDEO CLIP)

WHITFIELD: So, given that sentiment, is that an indicator? And especially saying this out loud, is this an indicator that the re- election campaign is in trouble?

RIGUEUR: It's more so, I think, Jim Clyburn trying to warn the campaign before it ends up in trouble. And one thing that Jim Clyburn knows is he knows his constituents. He knows black voters. And part of what he is picking up on is not necessarily an emphasis on Black people leaving the Democratic Party or Black voters moving over to the Republican camp, although that's certainly a possibility. It's more so about the apathy towards the American political presidential election. Black people are feeling pain.

They are feeling something -- they're not feeling, essentially, any of the wins the Biden campaign has been talking about over the last several years. They're not seeing it. They're not feeling it in their day-to-day lives. So, he is trying to push, I think, the campaign back on track.

And I would even go a step further. Part of what Clyburn is picking up on, he says, I have no problem with the Biden administration's policies. But part of what he is trying to gently nudge the campaign towards is acknowledging that the warmth that traditionally has defined the relationship between African Americans and the Democratic Party has been fading in the last couple of years.

So, the highest of any demonstrator graphic and any group and black voters are still the most loyal constituency. However, those numbers have declined since 2020. And that means the Biden administration has to find some way to break through to Black voters. This is the start of that.

WHITFIELD: And will we see, I guess, an effort demonstrable to that messaging by seeing the vice president, Kamala Harris, will be in Georgia this week. There's kind of a one-two punch reporting where we're talking about Congressman Clyburn and his comments today. And then in yesterday's "Washington Post", you've got former President Obama who had -- he often has conversations with President Biden.

But in this case, as it was reported, they had lunch and Obama expressed, look, you know, you may need to rethink your re-election campaign strategy. It sounds like, in concert, there's real concern about making sure that the Biden administration is connecting with some very -- a very important electorate.

RIGUEUR: Absolutely. And I -- you know, I think if the former President Obama, who's quite skilled at outreach and at messaging and conveying a message, particularly in hostile climate, is reaching out to President Biden in this way, President Biden and his campaign should listen. I think part of what they're tapping into is not necessarily just the messaging but also the policy.

There are very specific things that progressive, liberal, Black voters have been asking for for the last four years in fact, they've been very clear on the types of policies they want to see enacted and that they want to be able to feel.

And I think part of what the Obama -- what former president Obama is trying to do is say, not only do you have to have the messaging right about that and change your strategy, but you have to put policies in place, whether it be through Congress, and if Congress is stonewalled, then through executive order or executive action. There has to be something tangible people can tap into, and then you can wrap your message around it. And that's what will cut through the noise and the chaos of this election season.

WHITFIELD: All right. Leah Wright Rigueur, thank you so much. Great to see you. Appreciate it.

RIGUEUR: Thanks for having me.

WHITFIELD: All right. And now this breaking news on Capitol Hill, where CNN has learned House and Senate leaders are poised to announce an agreement today on spending levels, which is the first step to avoid a government shutdown.

CNN's Arlette Saenz is traveling with the president in Wilmington, Delaware.

But we also have with us CNN's Manu Raju on the phone.

[14:40:02]

Manu, let me go to you first. What are you learning?

RAJU (via telephone): -- agreement on overall spending for the federal government in this current fiscal year. Now, why is that significant? Because commerce and the White House are facing the prospect of a government shutdown as early as January 19th if there is no deal in place to keep the government open, if there's no legislation passed in both chambers of Congress by then. There are actually two deadlines. One, January 19th, some federal agencies. Another deadline, February 2nd, from the rest.

Remember, the fiscal year actually began October 1st of this year, but both the House - Republican-led House and the Democratic-led Senate have not reached agreement of how much money the government should spend this year. And they've been passing short-term bill after short- term bill to keep the government open.

That's why we are facing yet another cliff in just a matter of days. But this agreement between the two sides will set the overall spending levels for the entire federal government. And then afterwards, Congress will have to come in and pass individual appropriations bills. They'll probably pass another extension of government funding to meet that overall funding level.

But here is the big text here, Fred. Even though there is an agreement between the leaders on both sides of the aisle does not mean that the shutdown threat is completely off the table. In fact, it still very much loomed, in part because there's no agreement on how to deal with some other controversial issues, such as what a number of conservatives in the house are pushing for, to use the government funding bills as leverage to enact their demands about changes on the border, U.S. border with Mexico. That is a big point of contention, one of which he'll have to grapple

with when Congress returns to session this week. So, Republicans in the House, for instance, insist on some of those what's known as policies, riders, or changes to border security or anything else that they want on this. And Democrats don't agree with that or Democrats try to go their own way, that could still potentially force Congress and the White House to stumble into a government shutdown.

So, while this is a key step to avoiding a shutdown, that does not bring it off the table. But the news here at the moment is that Speaker Mike Johnson and Chuck Schumer plan to announce this overall spending deal in just a matter of later this afternoon, as Congress scrambles to avoid a shutdown by January 19th. They come back to session tomorrow after being out of session for several weeks, since before Christmas -- Fred.

WHITFIELD: Oh, and then, Manu, while you mentioned the southern border concerns also could also play a huge part in the acceptance or, you know, denial of this kind of spending bill still on . Still on the table for lawmakers is the issue of funding for Ukraine and Israel. So, those are also facets that could be potential obstacles?

RAJU: Yeah, look, those are right now moving along separate tracks, the issue of Ukraine funding and Israel funding. Republicans have said we need a policy on immigration and all the surge of migrants at the border, laws and utilize lots of different things they want. That is moving, at the moment, on a separate track. They want a deal on that. And in order to get a deal like they, Republicans say, on the border, they can agree to more funding for Ukraine and Israel.

Then there's that the separate track which is simply to keep the lights on for the federal government. That is the January 19th and February 2nd deadline that they are facing and that is agreement that Chuck Schumer and mike Johnson have reached right now. How much money should the government spend as a whole on that issue. It's just a past legislation to essentially implement that spending level, and get agreement, make sure that members are okay with it, can vote for it, get enough votes in both chambers and get it signed into law in time.

It's still an open question how that plays out, and that's why the border security fight could eventually play out on the funding level, on the issue of funding the government if some of those members want to use that fight over government funding to enact their priorities about border security and about immigration policy. That's a question that will have to play out.

At the moment right now, they're moving on separate tracks, keeping the government open on one track, funding Ukraine and Israel, which is tied to changes to immigration and border policies, on another track. Right now, that is still tied up in negotiations, uncertain whether they can get a deal on immigration and border policy. But now, they seem to be moving forward and trying to avert a government shutdown. As I said, a major hurdle still looms and uncertainty about how this will ultimately play out -- Fred.

WHITFIED: All right. Thanks, Manu. We look forward to those announcements later this afternoon. Arlette Saenz traveling with Biden this weekend in Wilmington, Delaware. Any comment thus far from the White House?

SAENZ: I've reached out to the White House and no word just yet. They're likely waiting until this formal announcement is made.

[14:45:01]

But it is likely that President Biden has been made aware of the levels that House Speaker Mike Johnson and Senate Majority Leader Chuck Schumer have agreed to.

Now, on Friday, the OMB Director Shalanda Young did say that there was some concern about whether lawmakers would be able to get something together to avoid this first government shutdown on January 19th. And she said that part of the reason that she had some concern over it is because of some of the rhetoric that's been coming from Republican lawmakers who have posited the idea, posed the idea, of potentially using this moment, this government shutdown deadline, as a time to push forward some of their border policy positions.

That is something that you heard Manu outline there. The White House has long said that they are at the negotiation when it comes to those border security talks, which are running on a separate track, as Manu noted. But the president has said that in order to be able to enact some border policy changes, they need to have that funding approved.

So, we will see what more specifically the White House will have to say, as these new funding level agreements are coming together. But potentially there could be hope some now that a government shutdown would be avoided if there are not some of those other hurdles that still get in the way, especially when it comes to Republicans at this time potentially trying to use this as a moment to push forward with their border policy positions.

WHITFIELD: All right. Arlette Saenz, Manu Raju, thank you so much for your reporting. Appreciate it.

We'll be right back.

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[14:50:59]

WHITFIELD: Former President Trump is expected to be in court this week as he brings an unprecedented defense to court. A D.C. appeals court will hear arguments Tuesday related to Trump's claims that he has presidential immunity from prosecution in the federal elections subversion case against him.

I'm joined now by former U.S. Attorney Harry Litman for more legal perspective on this.

Good to see you and happy New Year, Harry.

HARRY LITMAN, FORMER U.S. ATTORNEY: Same to you, Fred. WHITFIELD: All right. What do you see happening Tuesday potentially?

LITMAN: Well, you are right, it is a odd claim, but it is never specifically rejected, because presidents haven't been committing crimes, but they have given a very, very fast schedule and I will bet they have already been writing from the first few minutes, Trump's lawyer who is going to be going first is going to be giving a hard time that they are arguing immunity for t the president, which seems to cut against every foundation principle of the Constitution and are being governed by the rule of law.

So I think we'll know pretty quickly where the wind is blowing and I think it will be blowing hard against them.

WHITFIELD: Is this a case in which the defendant, you know, Donald Trump needs to be there or can elect to be there?

LITMAN: Oh, yeah. Certainly, he certainly doesn't need to be and usually a defendant wouldn't be. He says he'll be there, people wonder, does that mean he'll be acting up as he wants to do it, doesn't mean it.

He'll be seated in the audience with the lawyers talking to the judges, and if he acts up in any way, he'll be very quickly escorted out of the courtroom. But, he seems to pick and choose his places according to less important, this is surely an important case for him, and if he loses it, he's back in Judge Chutkan's courtroom with no real way to preempt the trial that she is scheduling and moving forward quickly on.

WHITFIELD: Fascinating. And, of course, if -- if he doesn't get the decision that he is looking for, he is going to try and take it to the U.S. Supreme Court, and any real chance of that, that this kind of thing would go there?

LITMAN: I think that there's a good chance that it would go there, because it is so fundamental and there is a poor chance that he would win. The real thing that he is gaining here in interim is time and the clock is ticking and he's hoping, but so far, he is not there, that the whole trial transpiring after the election, but I think we will see this in the Supreme Court, and I think that it will likely reject his claim of immunity.

WHITFIELD: All right. Harry Litman, we'll leave it there. Thank you so much.

LITMAN: Thanks. Thanks, Fredricka.

WHITFIELD: All right. Three months now after the Hamas' October 7th attack on Israel, the Israeli military says it has dismantled Hamas's ability to operate in northern Gaza, and is now turning focus to do the same in central and southern Gaza. Israel says 8,000 militants were fighting in northern Gaza. CNN cannot independently confirm either claim. In nearby Qatar, U.S. Secretary of State Antony Blinken is making a stopover this afternoon as part of his fourth trip to the region since the war in Gaza began. Blinken spoke a short time ago and made it clear that the U.S. would

pressure Israel over the civilian casualties in Gaza.

(BEGIN VIDEO CLIP)

ANTONY BLINKEN, SECRETARY OF STATE: It is absolutely imperative that more will be done, that Israel do more to protect civilians and with others, enable more humanitarian assistance where it's needed, and to whom it's needed and that will be one focus of my conversations when I get to Israel.

(END VIDEO CLIP)

WHITFIELD: All right. Let's bring in now, CNN's Jeremy Diamond who is in Tel Aviv.

So, a 3-year-old Palestinian girl was killed when Israel police responded to a vehicle attack at a checkpoint.

[14:55:03]

What more can you tell us about that incident?

JEREMY DIAMOND, CNN CORRESPONDENT: Yeah, that's right. The Israeli police say that a man and a woman driving in a vehicle attacked a border police at a checkpoint, driving that vehicle into the checkpoint and injuring two people in that vehicular attack, but in responding to the attack, Israeli police also fired weapons and apparently shot and killed a 3-year-old Palestinian girl who was not in the vehicle, but was shot accidentally it appears by the Israeli police as they were responding to this attack. Of course, we have seen as there have been heightened tensions in the West Bank.

Today, the Israeli military also carried out an airstrike in Jenin. They said was targeting terrorists in the West Bank. Palestinians -- six Palestinian men were killed in the air strike and Palestinian factions in the West Bank announced a day of strikes in response to that.

But, of course, what we have seen and what the focus of the secretary of state's visit will be in this coming week will be the situation in Gaza in particular, and also trying to prevent a broader regional conflict from sparking. We have watched as -- since the killing of that Hamas, senior Hamas leader in the suburbs of Beirut, there have been rising concerns that those skirmishes, daily skirmishes between Hezbollah and Israeli military could potentially turn into a wider war.

So, the secretary of state very much to prevent that from happening and also working with Israel to plan out the next phases of its military campaign in Gaza and, of course, what comes next in Gaza after the war ends.

WHITFIELD: Uh-huh. All right. Jeremy Diamond in Tel Aviv, thank you so much.

We'll be right back.

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