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Jury Finds Against Trump in Favor of E. Jean Carroll, Winning $83.3M; Israel-Hamas War; UNRWA Dismisses Employees Reportedly Implicated in October 7 Incident; Operations in Khan Younis Reportedly Being Expanded by the IDF; Israeli Defense Minister Expresses Gratitude to United States for Temporarily Stopping Funding UNRWA. Aired 5-6a ET

Aired January 27, 2024 - 05:00   ET

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

[05:00:00]

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ANNA COREN, CNN ANCHOR: Hello and welcome to our viewers in the United States and all around the world. I'm Anna Coren live from Hong Kong. Ahead on CNN NEWSROOM.

Donald Trump says, he will appeal the massive judgment ordered by a court for his repeated attacks on E. Jean Carroll. We'll hear from Carroll's lawyer on why she believes the damages will stand.

Plus.

(BEGIN VIDEO CLIP)

STEVE MARSHALL, ALABAMA ATTORNEY GENERAL: They deserve a great deal of thanks and credit for being willing to be the one to step up first in the country to do so. And I now suspect that many states will follow.

(END VIDEO CLIP)

COREN: A first of its kind when it comes to the death penalty, a method never been used before. We'll look at whether Alabama's historic execution could become the new normal in the U.S.

And millions of Americans are either under a flood or severe weather threat right now. We'll take you to the CNN Weather Center with a look at when people can expect the worst this weekend.

Well, Donald Trump is lashing out, saying the verdict in his latest legal loss is absolutely ridiculous. And he's looking to appeal. A jury says, the frontrunner for the Republican presidential nomination should pay writer E. Jean Carroll $83.3 million in damages for defamation.

In 2019, Trump made disparaging public comments about Carroll after she accused him of sexual assault. And here's how that ruling breaks down. There's $7.3 million for emotional injury, $11 million for harming her reputation, and the bulk of the money, $65 million, is for punitive damages. Well, Carroll is overjoyed with the verdict. Her lawyer told CNN that her client feels justice has finally been served.

Well, CNN's Brynn Gingras has more from New York on how the jury reached that staggering sum.

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BRYNN GINGRAS, CNN NATIONAL CORRESPONDENT: A significant verdict in this case. We know that it is $83.3 million in damages awarded to E. Jean Carroll by this jury. This is how it breaks down, $18.3 of that is compensatory damages, that is dealing with the emotional harm that E. Jean Carroll had faced against Donald Trump and also includes money used to repair her reputation that was also harmed.

Now, $65 million of that is punitive damages, and it's very clear that jurors were really listening into closing arguments from E. Jean Carroll's attorneys when you see that number and that's because in those closing arguments, Carroll's attorneys were essentially saying that this verdict is meant to punish Donald Trump for what he has done in the past and what he has said about Carroll and what he still continues to do. But they also went further than that, saying that this needs to send a message that rules apply to everyone, including Donald Trump.

Now, we know that this verdict came in in just under three hours. Trump was not in the courtroom when it came down, but he was quick to go to Truth Social and say that, this verdict was ridiculous and that he plans to appeal. As for E. Jean Carroll, she was in the courtroom, was holding hands with both her attorneys, hugged them both after the verdict was read out loud.

But I do want you to hear more from Trump's attorneys about what they are saying comes next.

ALINA HABBA, TRUMP'S ATTORNEY: So many Americans are so proud that he is running again and so excited to run to the ballot box, but don't get it twisted. We are seeing a violation of our justice system. This is wrong, but we are in the State of New York. We are in a New York jury, and that is why we are seeing these witch hunts, these hoaxes, as he calls them.

GINGRAS: And this will be finalized by the judge. We do expect that in the next few days. Important to note, before court ended, the judge did thank the jurors for their service, but he also said that they don't need to speak out and even advised them that they don't.

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COREN: Brynn Gingras reporting there.

Well, after Friday's verdict, Carroll's attorney, Roberta Kaplan, sat down with CNN's Anderson Cooper. She says when it comes to a Trump appeal, the presidential candidate doesn't have many options.

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ROBERTA KAPLAN, E. JEAN CARROLL'S ATTORNEY: We have one of the most best respect -- most well respected judges in New York City, Judge Kaplan, no relation. The jury was great in the law and all the tough legal issues in the case have already been dealt with.

The issue about what he said when he was president has been dealt with under the Westfall Act. The issue about him waiving presidential immunity has been dealt with already by the Second Circuit. So, there's not really much left for them to appeal.

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ANDERSON COOPER, CNN HOST: The steps, though, are -- what? It's a -- there's a Second Circuit or?

KAPLAN: They'll go to the Second Circuit, which we've already won in this case, I guess, three times now. But they'll go again to the Second Circuit, but there's really not much left for them to argue.

COOPER: What would be the grounds for him to appeal? I mean, things -- are there particular things that happened in the court or that filings that occurred?

KAPLAN: I think you're going to hear kind of what people were hearing. I'm told what he and his lawyer, Alina Habba, said today, that the judge was unfair, that he should have had a do over. He should have been able to retry the assault and the defamation again. That it was biased. He wasn't allowed to speak. Yada, yada, yada. None of that's true. He had the fairest trial he possibly could have had with one of the most experienced judges in this country and none of that's going to be even remotely persuasive to the appellate judges.

(END VIDEO CLIP)

COREN: The United Nations is investigating a handful of workers who allegedly took part in the October 7th attack. They were staff members with the U.N. Relief and Works Agency, the group that helps Palestinian refugees in Gaza. The agency says, it has fired those accused, while it looks into the allegations.

Meanwhile, the Israeli military says it's expanding operations in parts of Khan Younis. Israel says, its troops are engaged in close quarters combat, conducting targeted raids on infrastructure, and destroying weapons, mortars, and rockets.

And the group, Medecins Sans Frontieres, or Doctors Without Borders, says vital medical services have collapsed at Gaza's largest remaining hospital. The aid group, MedGlobal, tells CNN there is absolutely no room in the hospital.

Now, Scott McLean is live in Istanbul with the latest. Scott, we'll get to those conditions in the hospital, but let's first start with Israel's allegations against UNRWA. What are you learning?

SCOTT MCLEAN, CNN CORRESPONDENT: Good morning, Anna. Yes, there is frankly still a heck of a lot that we do not know here, beyond the fact that the Israelis have informed not only the United States but also UNRWA of their allegations that there are 12 UNRWA employees that took part in the October 7th attack.

Now, who they are? What specifically they're alleged to have done? We don't know at this stage, but this is going to have huge implications. You have already the UNRWA commissioner general who has come out and said that there will be an investigation, that there will be accountability, potentially criminal liability for this. And this is what the U.N. spokesperson said earlier. Listen.

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STEPHANE DEJARRIC, U.N. SPOKESPERSON: The Secretary General is horrified by this news and asked Mr. Lazzarini to investigate this matter swiftly and to ensure that any UNRWA employees shown to have participated or abetted in what transpired on October 7th or in any other criminal activity be terminated immediately and referred for potential criminal prosecution. An urgent and comprehensive independent review of UNRWA will be conducted --

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MCLEAN: So, UNRWA is extremely important, not only in the humanitarian response to this war, but just in day-to-day life for Palestinians. It was set up more than 70 years ago to cater to the needs of Palestinian refugees, and now several generations is -- of their descendants as well. And it's funded in part by donations or in part by the U.N.'s normal budget, but also a huge chunk of it is voluntary donations from U.N. members.

And that is where we're starting to see an impact already, Anna. You have the Australians saying they are temporarily pausing their funding. You have the State Department saying they are pausing their additional funding of UNRWA at this stage until they can get more information, at least from the Israelis.

But this organization in particular has been really a lightning rod of controversy for some time now. It was 2018, the Trump administration, actually cut off American funding for it altogether. It was reinstated in 2021 under the Biden administration. But there are still plenty of critics with the United States.

You have the ranking -- the Republican ranking member of the Senate Foreign Relations Committee, Jim Risch, coming out yesterday and saying, "For years, I have warned the Biden administration about resuming funding to UNRWA, which has a history of employing people connected to terrorist movements like Hamas. Today's news is yet another example that underscores how corrupt this organization truly is."

The Israelis believe much the same along those lines. In fact, an advisor to the prime minister said that much of the organization of UNRWA, they believe, as Israel believes, has connections or is run by Hamas. Anna.

COREN: A lightning rod and yet also a lifeline, as we know, for so many Palestinians. Scott, let's talk about what Medecins Sans Frontieres has said about medical services at Gaza's largest remaining hospital, that it's collapsed. What do you know?

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MCLEAN: Yes, we should warn our viewers that the images that we can show you from inside the Nasser Hospital are pretty disturbing, pretty hard to watch. The conditions there are dire, to put it lightly. One doctor describes it as a real horror considering what's going on. You have fighting happening outside of the hospital. You -- they are out of food. They are out of painkillers. There are still, though, 150 staff or so, hundreds of patients, and people still sheltering inside of that building as well, believing that it is still among the safest places in that area.

The Israelis, for their part, have said that people do not need to flee the hospitals themselves, but they do want people out of that neighborhood more broadly. The other hospital in the area, Al-Amal Hospital, that is also the headquarters of the Palestinian Red Crescent Society. And it says that fighting is so intense that they have actually had shrapnel piercing the walls of their buildings.

I also want to show you a particular piece of video that's quite striking of people making the journey out of that area along one of those main roads with an Israeli tank. Watching closely, those people fleeing. There are allegations though from witnesses who say that Israel -- or it's difficult to move because they are being shot out by IDF forces. You also have a local journalist saying that the IDF is not distinguishing between actual fighters and civilians. We've put that to the IDF. They have not responded though to that specific allegation. Anna.

COREN: Scott McLean, we appreciate the update. Thank you very much.

Well, now to the International Court of Justice, which says Israel must take all measures to prevent genocide in Gaza in its interim ruling. The finding is drawing praise from South Africa, the country that filed the case, but the court also stopped short of ordering a ceasefire, an outcome welcomed by Israel.

CNN's Melissa Bell has this report.

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JOAN DONOGHUE, PRESIDING JUDGE, INTERNATIONAL COURT OF JUSTICE: In the court's view, at least some of the acts and omissions alleged by South Africa have been committed by Israel in Gaza appear to be capable of falling within the provisions of the convention.

MELISSA BELL, CNN CORRESPONDENT (voice-over): The world's top court declaring that it will move forward with South Africa's case against Israel, in which Israel is accused of violating the 1948 Genocide Convention with its military response in Gaza after the October 7th Hamas attacks.

DONOGHUE: The Palestinians appear to constitute a distinct national, ethnical, racial or religious group, and hence a protected group within the meaning of Article 2 of the Genocide Convention. BELL (voice-over): Created in response to the Second World War, the International Court of Justice is the judicial backbone of the United Nations. It's judges now ruling that it does have jurisdiction over the case and issuing emergency measures on Friday but stopping short of calling for a ceasefire.

DONOGHUE: Israel must take measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to the members of the Palestinian group in the Gaza Strip. The court further considers that Israel must ensure with immediate effect that its military forces do not commit any of the aforementioned acts.

BELL (voice-over): Among the provisional measures, the court ruling that Netanyahu needs to ensure that humanitarian aid can enter the Strip. A ruling desperately needed by a population that's been pushed past the brink of starvation. Their homes further reduced to rubble with every passing hour.

There's no safe area. Where shall we go? Stop the war. It is enough. We are drained. Everyone is drained. Children are gone. Adults are gone. Everyone is gone. And the world is watching.

BELL: What the world was watching this Friday was what was going to come from this court. And what's the case here could last for years. This initial ruling is considered significant even if it falls slightly short of what South Africa had been hoping for.

NALEDI PANDOR, SOUTH AFRICAN FOREIGN MINISTER: In exercising the order, there would have to be a ceasefire. Without it, the order doesn't actually work.

NADIA SLIMI, CO-ORGANIZER OF PRO-PALESTINIAN PROTEST: It feels like a victory and a significant milestone and a step in the right direction in the liberation of the Palestinian people. In a way, it is also very disappointing that the court did not rule in favor for an immediate ceasefire at this time.

BELL (voice-over): And yet the pressure on Israel now undeniable as the U.N.'s top court rules that it is plausible the genocidal acts are being committed in Gaza and that that must stop.

Melissa Bell, CNN, The Hague.

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COREN: For more now on how Israel and South Africa are reacting, with neither entirely getting what they were asking for, both appraising the ruling.

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BENJAMIN NETANYAHU, ISRAELI PRIME MINISTER: Israel's commitment to international law is unwavering. Equally unwavering is our sacred commitment to continue to defend our country and defend our people. Like every country, Israel has an inherent right to defend itself. The vile attempt to deny Israel this fundamental right is blatant discrimination against the Jewish state, and it was justly rejected. The charge of genocide leveled against Israel is not only false, it's outrageous, and decent people everywhere should reject it.

PANDOR: I live in hope that Israel will act in accord with the decisions and will show the court that it does take the court seriously. If it doesn't, what happens is we are opening up room for all to act with impunity against innocent people. And I certainly don't wish to live in a world like that.

(END VIDEO CLIP)

COREN: A final and binding ruling on the genocide claim could take the court years to determine, and in practice, the court has no way of enforcing its verdicts.

Well, still ahead, the U.S. Senate apparently has a deal on immigration reform, but what chance does it have of passing the House?

Plus, we'll tell you why an uneventful Friday flight is very good news for both the traveling public and Boeing.

And a threat to flooding is set to plague a large part of the U.S. Chad, tell us more.

CHAD MYERS, CNN METEOROLOGIST: Some spots across the Southeastern United States have already picked up 10 inches of rainfall this week, and more rain is on the way. Forecast right after this.

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COREN: The Boeing 737 MAX 9 returned to the skies Friday in an uneventful flight from Seattle to San Diego, with the Alaska Airlines chief operating officer sitting next to the infamous door plug.

CNN's Aviation Correspondent Pete Muntean has the latest.

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PETE MUNTEAN, CNN AVIATION CORRESPONDENT: Airlines are trying to put this chapter behind them. They had to cancel thousands of flights during the FAA's 19-day long emergency grounding of the Boeing 737 MAX 9. That officially ended on Wednesday, and the onus is now on airlines to do the final ungrounding inspections to make sure that these planes are safe.

Alaska Airlines says, its first few inspections are done, meaning its MAX 9s are carrying passengers again. United Airlines says, it's MAX 9s will be back on the schedule on Sunday. The first MAX 9 to fly since the grounding, Alaska Airlines flight 1146 on Friday flew from Seattle to San Diego, exactly three weeks to the day since that door plug violently blew out of Alaska flight 1282. The FAA is now requiring what it calls detailed visual inspections of the door plug and for any abnormal conditions to be corrected. Remember, both Alaska and United found loose door plug bolts over that 19-day grounding period. Since then and going forward, the focus will be on Boeing's production quality control. Remember, Boeing paused production for a whole day on Thursday and it's 737 plant in Renton, Washington. They called it a quality control stand down and they are planning to do more of them on their other production lines.

Boeing's CEO Dave Calhoun wrapped up two days of meetings with top lawmakers on Capitol Hill on Thursday. One of them with Senator Maria Cantwell. She chairs the committee that oversees aviation and now she's calling for public hearings about the 737 MAX 9, which means we have not heard the last of this.

Pete Muntean, CNN, Washington.

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COREN: In the U.S., the storm that dropped heavy rain and flooding along the Gulf Coast is set to move up the East Coast later today and tomorrow. More than 35 million people are at risk of flooding today in the Southeast and Mid- Atlantic. CNN Meteorologist Chad Myers looks at what's on the way. Chad.

MYERS: Anna, some places across the southern U.S. have already picked up between six and 10 inches of rainfall just in the past three days, and more rainfall is coming today. There are places in Texas that picked up over a foot. Montgomery, the biggest number I can find, Montgomery, Texas, 15 inches of rain in just 72 hours. And for Houston, more than twice your monthly rainfall just in 72 hours, not the entire month of January. Just in those 72 hours, you picked up twice of what you should have picked up for the entire month.

Here's your flood watches for later on today. The rain will move to the east. Some of that rain will move into some colder air across parts of Ohio, West Virginia, Pennsylvania, even to New York. That's going to cause some snow up there.

After Washington D.C. was over 80 degrees today, it will be cold and snow in the mountains, especially at Blue Ridge Parkway and the like, to the west of D.C. by Sunday. There could be some severe weather today, likely hails, some gusty winds, possibility of an isolated tornado, but truly I think this is a rain event. There's going to be more areas here that's going to see two to four inches of rainfall. And then if you push that up into the colder air, into the northeast, that's eight inches of snow.

Now, it's going to be warm. Don't get me wrong. This is not really a cold outbreak. This is not a big blast or a dip in the jet stream. This is a warm core storm and very warm across parts of the West. If you haven't gone to bed yet, here you go, more rainfall for you. And no significant snowfall really in the mountains. This is a warm core. This is a warm event. We'll take a look at what the precept looks like between six and 10 inches of rain. Now in the mountains here, there should be significant snow, but in fact, it doesn't even snow in the highest of elevations. Maybe you get above 8,000, 9,000 feet and into the past is just you get something, but we are talking about a warm event. A warm humidity event in the deep south and a warm rain event in the Pacific Northwest. Anna.

COREN: Chad Myers, thank you.

Well, police have identified the last known victim of a massive wildfire in Hawaii almost six months after it happened.

[05:25:00]

They say, 70-year-old Lydia Coloma is the 100th person whose death been confirmed. Her remains were badly damaged, so it took months of extensive DNA work to identify her. The fire tore through Lahaina last August, scorching much of the historic town and causing billions of dollars in damage. Police say, they don't have any more victims waiting for identification. Three people are still missing, but their remains have not been found.

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COREN: Welcome back to our viewers in the United States and around the world. I'm Anna Coren, live from Hong Kong. This is CNN NEWSROOM.

Updating you on the top story we're following this hour. An overjoyed E. Jean Carroll says, she finally got justice after a jury said Donald Trump should pay her 83.3 million in damages. In 2019, Trump made disparaging public comments about Carroll after she accused him of sexual assault. The former president says, the defamation verdict is absolutely ridiculous, and he is looking to appeal. Trump's attorney says, the battle is not over.

(BEGIN VIDEO CLIP)

HABBA: We will keep fighting. And I assure you, we didn't win today, but we will win, because the record that was made in there and the behavior I saw in there. We were stripped of every defense -- every single defense before we walked in there.

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COREN: CNN's Kristen Holmes has more from Washington.

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KRISTEN HOLMES, CNN U.S. NATIONAL CORRESPONDENT: Former President Donald Trump was not in the courtroom when that verdict was read, just his attorneys were. He instead was sitting on an airplane -- in an airplane, on a tarmac, getting ready to leave New York and go to a political event where he is going to speak later Saturday. And that's when he fired off a series of posts on Truth Social. One of them, not surprisingly, immediately linking this to the political. Saying, absolutely ridiculous. I fully disagree with both verdicts and will be appealing this whole Biden Directed witch hunt focused on me and the Republican Party. Our legal system is out of control and being used as a political weapon. They have taken away all First Amendment rights. This is not America. He went on to post again. There is no longer justice in America. Our judicial system is broken and unfair.

A couple things to note here, of course, there has been no evidence of any link in this case to President Biden, but this is something that he routinely does. He links all of these legal cases together and then says that they are election interference. And I will tell you from going to various campaign events, this is a strategy that works among his supporters.

The other thing to point out in the statement is there is absolutely no mention of E. Jean Carroll. This comes after weeks and especially days of him posting routinely about E. Jean Carroll. So, perhaps the message that the jury sent him, that $83.3 million message, is getting through. We also heard E. Jean Carroll's lawyer saying, if you continue to lash out at her, we will continue to sue.

One thing about Donald Trump, he cares deeply about his finances and his money, and he does not want to part with his money. Now, of course, as we've noted, they are going to appeal this, but I can tell you from sources that he has been absolutely livid.

Kristen Holmes, CNN, Washington.

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COREN: Michigan school shooter, Ethan Crumbley, likely won't testify in his mother's trial. The judge said, she wouldn't allow him to take the stand if he invokes the Fifth Amendment which protects people from self-incrimination as his attorneys have indicated that he would.

Crumbley was sentenced to life in prison without parole for killing four classmates at his high school in 2021. His parents are now facing their own trials. Prosecutors accuse them of ignoring their son's pleas for mental health care and buying him a gun anyway. Cell phone evidence presented in court on Friday revealed their conversations around the time of the shooting, including messages that allege Crumbley's mother laughed when he asked to see a doctor about mental health concerns.

U.S. Senate negotiators have agreed on a deal that would empower the federal government to significantly clamp down on illegal migrant crossings at the southern border. Well, that's according to a source familiar with the matter. Yet, despite the apparent agreement, U.S. House Speaker Mike Johnson says it's, "Dead on arrival" in his Republican controlled chamber.

Meanwhile, the U.S. government is demanding access to areas along the border with Mexico that are currently being blocked by the State of Texas. CNN's Rosa Flores has details from Houston. (BEGIN VIDEO CLIP)

ROSA FLORES, CNN CORRESPONDENT: There are two separate issues that we're following on the U.S. Mexico border in the Eagle Pass area. First of all, the ruling issued by the U.S. Supreme Court, and then the standoff that's going on between Texas and the Biden administration in Shelby Park, and in an area that encompasses about 2.5 miles of river.

About the Supreme Court ruling first. What that says is it gives Border Patrol authority to cut razor wire in that area. According to a law enforcement source, the U.S. Federal government does not have a plan to remove all of that razor wire. And instead, what the federal government plans to do is exercise discretion whenever that wire needs to get cut for medical emergencies or operational needs, they plan to cut the wire.

As for the standoff on Shelby Park and the 2.5 miles of River, Texas has been doubling down, erecting more razor wire barriers and also more fencing, which keeps migrants out and also border patrol out of that area. That's what's so extraordinary about this is that the State of Texas is keeping border patrol from an area where border patrol normally would be enforcing federal law.

And that is what is so remarkable here because Governor Greg Abbott and the Republicans have been accusing the Biden administration of not enforcing federal immigration laws where -- in this area of Eagle Pass, in Shelby Park, and in these 2.5 miles of River. Border Patrol can't enforce federal law, well because they don't have access.

Rosa Flores, CNN, Houston.

(END VIDEO CLIP)

COREN: Alabama has executed an inmate using nitrogen gas for the first time. The question now is whether other states will follow their controversial lead. We'll have a report from Alabama after the break.

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[05:35:00]

(BEGIN VIDEO CLIP)

MARSHALL: What occurred last night was textbook. They deserve a great deal of thanks and credit for being willing to be the one to step up first in the country to do so. And I now suspect that many states will follow.

(END VIDEO CLIP)

COREN: That's Alabama's Attorney General commenting after inmate Kenneth Smith was put to death by nitrogen gas on Thursday night. He says, Alabama is ready to help other states use the controversial method. But the White House calls the execution troubling, and despite Alabama's claim that Smith's death went as expected, opponents say they're still concerned that nitrogen gas could cause excessive pain, even torture.

A warning, some of the details in this story may be disturbing. CNN's Isabel Rosales reports from Alabama.

(BEGIN VIDEO CLIP)

ISABEL ROSALES, CNN CORRESPONDENT: Witnesses described Kenneth Smith as writhing and shaking on the gurney for about two minutes. This is contrary to what the state argued in court documents would happen with this nitrogen gas execution. There are experts saying that the expectation was for a person under nitrogen gas to become unconscious within seconds.

So, reporters asked the attorney general, Steve Marshall, about that in a press conference, and he doubled down saying that this followed all of their expectations as to what would happen in this execution. And in fact, invited other states to follow the lead of Alabama, saying that Alabama would help them implement nitrogen gas in their executions.

I spoke with an independent journalist, Lee Hedgepeth, who was invited by Kenneth Smith to witness his execution, and he deeply disputes what the attorney general is characterizing as what happened in this execution. Listen.

LEE HEDGEPETH, INDEPENDENT JOURNALIST: This is the fifth execution that I've witnessed in Alabama. And, you know, I've said previously, and we'll say it again, it's definitely the most violent execution that I've ever witnessed.

It can't be a textbook execution because there is no textbook for nitrogen hypoxia executions, right? This was the first nitrogen execution to happen anywhere in the world. So, it's difficult to say what the attorney general was referring to when he says it's a textbook execution.

[05:40:00]

ROSALES: Hedgepeth also tells me that he witnessed black tape covering up, the supposed logo or brand name that was on the mask pumping out that nitrogen gas, something that he views as a lack of transparency on the part of the State of Alabama. We have reached out to the Alabama Department of Corrections for comment on that.

So, the big question now remains is, will other states follow the lead of Alabama? We know that Mississippi and Oklahoma also have permitted the use of nitrogen gas for executions. Oklahoma responded to us.

A spokesperson for the Department of Correction says that they have no immediate plans of using nitrogen gas for executions and saying that that is because of the way that the law is written. That only permits the use of nitrogen gas if they can't obtain the drugs for lethal injection. Stating that they are having no issues obtaining those drugs so far. The only other path forward, we're told, is if lethal injection is suddenly deemed unconstitutional.

Isabel Rosales, CNN, Atmore, Alabama.

(END VIDEO CLIP)

COREN: Well, joining us now is Deborah Denno, professor of law at Fordham Law School and the founding director of the law school's neuroscience and law center. Professor, great to have you with us. Please explain to us how nitrogen hypoxia works, this new form of execution.

DEBORAH DENNO, PROFESSOR OF LAW, FORDHAM LAW SCHOOL: We all breathe nitrogen in the air, about 78 percent of it. In an execution using nitrogen gas, the inmate is supposed to be breathing 100 percent nitrogen. And in theory, the inmate should die quickly, as we've seen in this execution. For whatever reason, the inmate did not die quickly, and the inmates -- inmate suffered. But in theory, this is how it was supposed to work, and it didn't work that way.

COREN: So, it's supposed to be more humane than lethal injection.

DENNO: That's what the State of Alabama was saying, but as we've seen, that doesn't appear to be the case.

COREN: Yes, there are these differing accounts of how that execution was carried out. As we heard from Alabama's Attorney General, he described it as textbook, while others described the prisoner as having a very intense reaction. That journalist who was on the scene, who witnessed that execution said that the prisoner was thrashing against the straps, and his whole body and head was violently jerking back and forth for several minutes. I mean, that certainly does not sound humane.

DENNO: No, it's not humane. And I -- you know, we have six different methods of execution in the United States, and each of them has failed the first time they have been used. And at least, in modern times for electrocution, lethal gas and lethal injection, the attorney generals, the directors of the Department of Corrections, at every time when there's been this kind of debacle have come out and said, oh, there wasn't a problem, et cetera. So, there's sort of this gaslighting and denial going on because their reputations are at stake.

COREN: Professor, the use of nitrogen hypoxia comes as some companies that make the drugs used in lethal injections refuse to provide them for that very purpose. How has the approach states have taken to executions changed over the decades and why?

DENNO: Well, there had been a lot of changes in the decades. We started with hanging, that was a debacle. Then we moved to electrocution that showed problems. And the State of Nevada moved to lethal gas, 13 other states adopted that. But then lethal gas was horrific. And that led to lethal injection. And the United States has had lethal injection for 40 years. It's never been as problematic as it has been until recently. It's only gotten worse.

COREN: And public support for the death penalty in the United States has dropped over the years. Back in the 1980s, it was around 80 percent. And then in recent years, polling has showed that support is hovering around the mid-50s. I mean, what is behind the decline in support? And do you believe it could lead to its abolition?

DENNO: The public is becoming increasingly informed of all the problems associated with the death penalty. I mean, a situation in Alabama with nitrogen gas, I mean, we're hearing about what happened there within minutes, almost in real time, that's been unprecedented when you think of in prior executions or even the adoption of the lethal injection, we didn't even have the internet.

So, I think you just see an increasingly sophisticated public that's becoming increasingly aware of the problems and that affects public opinion polls.

[05:45:00]

Whether that's going to go to abolition, I think that's almost -- it's -- I -- my crystal ball is no better than yours. It's -- we have 50 states, they each have different personalities. And some may retain the death penalty for quite some time.

COREN: What do you believe is about the U.S. that makes it such an outlier on allowing the death penalty?

DENNO: What makes the U.S. such an outlier is we have extreme variation among our states. So, for example, the State of Michigan got -- eliminated the death penalty even before most European countries did. But then, you know, on the other extreme, as you can see, we had five states that were executing last year.

So, I think there are just these state-by-state differences. And that alone makes it -- makes the death penalty very different in the United States as it may be in another country, for example.

COREN: Professor Deborah Denno in New York, it's been a fascinating yet sobering conversation. Many thanks for your time.

DENNO: Thank you.

COREN: Stay with CNN. We'll be right back.

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[05:50:00]

COREN: It was a night to remember in the NBA. Maverick superstar Luka Doncic scoring 73 points, more than all but two players in the NBA history.

CNN Sports Andy Scholes joins me now. And Andy, he did it against the team that drafted him.

ANDY SCHOLES, CNN SPORTS CORRESPONDENT: Yes, Anna, what a night for Luka Doncic. I mean, 73 points is tied for the fourth most in a game in NBA history. And he did it in Atlanta, you know, against the team that drafted him but then traded him on draft night.

And you can just tell Luka was in for a big night from the start. He scored a franchise record 41 points by halftime, and this game was close in the second half. So, all the buckets Luka were getting, I mean, they were just contested. Check this one out in the fourth, he just maneuvers his way, he goes glass. That game in 65, Luka saying, they can't stop me. Even Hawks fans were loving what they were seeing at this point. And Luka with a minute to go split the defenders, the bucket plus the foul. That three-point play gave him 73 and put the game away.

Luka made 25 of his 33 shots, eight three pointers. The Mavs get the win. 148 to 1 43. Luka having his career game against the team that traded him, and on the four-year anniversary of the death of one of his idols, Kobe Bryant.

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LUKA DONCIC DALLAS MAVERICKS FORWARD: It's amazing, man. It's very special. You know, we all love Kobe, man. It's a -- it was a big tragedy. Can't believe it's all -- it's been four years already. So, it's special, you know, to feel on the same day. But obviously I wish he was here.

Oh, it was great, man. You know, I could have been here. But I think it benefits for the both sides. I actually saw one fan wearing Atlanta jersey with 77. So, I was laughing. So --

UNIDENTIFIED MALE: Luka --

DONCIC: -- it was good. I think it's a big deal. But you know, there's always going to be trades in conversation when you come back to one place that could have you. You know, you always have maybe some more special thing to it. So, maybe it was more special.

(END VIDEO CLIP)

SCHOLES: Yes. So, Luka is 73 points tied with Wilt Chamberlain and David Thompson for the fourth most in NBA history. He's the 10th player ever to get to 70 in a game. And hey, we had another one this week. Joel Embiid of the Sixers on Monday. He scored 70. So, 70, the magic number of the week, while scoring 62 seems to be cursed. The same day Embiid scored 70, Minnesota's Karl-Anthony Towns scored 62 and lost.

Well, the same thing happened to Devin Booker in the Suns last night. Booker going 22 of 37 from the field. He hit six threes. But Indiana scored 10 of the final 12 points in this game. And Obi Toppin gets a lay in right here with three seconds to go to give the Pacers the lead. The Suns did have one last chance, but Booker's shot is going to end up coming up short. Indy holds on, 133-131, putting an end to the Suns seven game win streak. And get this, Phoenix has never won when Devin Booker Scores at least 60 points. They're now 0 and two.

All right. Aryna Sabalenka, meanwhile, going back-to-back down under. Winning her second straight Australian Open title. Sabalenka breezing past China's rising star, Zheng Qinwen, in straight sets, six-three, six-two in the final in Melbourne this morning. Becoming the fifth woman this century to win the Aussie without dropping a set. The 25- year-old Belarussian thanking her family after joking that she should probably switch to speaking Russian so they could understand.

You got the men's final tomorrow between Daniil Medvedev and Jannik Sinner. And this is actually going to be the first Australian Open men's final without the big three, Federer, Nadal and Djokovic since 2005. So, what a run it was.

All right. Finally, we'll note the two teams playing the Super Bowl by the end of the weekend. The NFC championship features the Niners, so is the Lions. Detroit has never big game, and they're going to have a tall task trying to beat the Niners on the road. They're seven-point underdogs.

The Niners do it all receiver Deebo Samuel, he was back at practice this week. Looks like he may be able to play after leaving the Packers game with a shoulder injury which is huge for San Fran because the Niners went 0 and three this season without Deebo.

In the AFC matchup, you got Patrick Mahomes versus Lamar Jackson in the playoffs for the very first time. Mahomes, he's trying to win his third Super Bowl. Jackson, trying to get to his first. And Jackson was asked what he likes about going up against Mahomes.

(BEGIN VIDEO CLIP)

LAMAR JACKSON, BALTIMORE RAVENS QUARTERBACK: I don't like competing against him at all. But yes -- I mean, he's a great quarterback. Definitely a Hall of Famer. It's not even a -- it's a no brainer. He's definitely a Hall of Famer. But it's just -- I believe he's just too, too, too great. Up and coming greats, just going toe to toe, you know, like a heavyweight fight.

PATRICK MAHOMES, KANSAS CITY CHIEFS QUARTERBACK: Going up against the best is what motivates you. I mean, they got the best defense, they got the MVP on offense. They have a great special teams' unit. And they were the best football team throughout the entire season. So, it motivates you to -- in order to win the Super Bowl, you got to beat the best teams. And this is the best team that we've played so far this year, and it will be a great challenge for us.

(END VIDEO CLIP)

[05:55:00]

SCHOLES: Yes, it should be a really exciting day. Chiefs and Ravens are going to get the things started first, then it will be the Niners and the Lions. And I just can't believe that Monday morning, we could be saying the words, the Detroit Lions are in the Super Bowl because it never happened. Never happened in my life. You know, the whole -- the Lions have always been kind of like the lovable losers, but it should be fun. We'll see.

COREN: We'll see. Watch this space. Andy Scholes, good to see you.

SCHOLES: All right.

COREN: Many thanks. Before we go, we want to finish the show by taking a moment to note how the world today is marking International Holocaust Remembrance Day. A time to remember the atrocities committed by the Nazis and their allies in concentration camps like this one, Auschwitz-Birkenau, liberated on this day in 1945.

Well, more importantly, it honors the lives of the 6 million Jews and countless others murdered in the name of a twisted ideology. This year's Remembrance Day falls in the shadow of the October 7th attack on Israel by Hamas. Now, the deadliest day for the Jewish people since the Holocaust.

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COREN: Holocaust survivors and relatives of Israeli hostages held in Gaza gathered in the northern city of Haifa on Thursday. As the original U.N. resolution creating International Holocaust Remembrance Day puts it, it reminds us of the need to condemn intolerance and violence based on ethnic origin or religious belief wherever it occurs.

Well, that wraps up this hour of CNN NEWSROOM. Thank you for your company. I'm Anna Coren in Hong Kong. For our viewers in North America, "CNN This Morning" is next. For the rest of the world, it's "African Voices Changemakers."

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