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California Sues Trump Over Birthright Citizenship; Capitol Rioters and Far-Right Militia Leaders Set Free by Trump. Aired 10:30- 11a ET

Aired January 22, 2025 - 10:30   ET

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


[10:30:00]

EVAN PEREZ, CNN SENIOR JUSTICE CORRESPONDENT: -- defense lawyers, but one of the things that they're focused on right now is to try to get the handle on sanctuary cities because they know that those cities are going to try to resist helping law enforcement -- federal law enforcement go after immigrants -- illegal immigrants.

And so, one of the things that this this memo from Bovee (ph) reads, it says federal law prohibits the use of State and local actors from resisting, obstructing, and otherwise failing to comply with lawful immigration related commands and requests. The U.S. attorney's offices and litigating components of the Justice Department will investigate incidents involving any such misconduct for potential prosecution.

So, local officials who don't want to go along with this, you should be on guard that the Justice Department may well come after you. There's also a part of this memo which talks about prosecutors inside the Justice Department, those that decline to bring some of these actions they say will be reported straight back to main justice, which indicates that they could be disciplined or perhaps even fired, perhaps for not following these orders.

JIM ACOSTA, CNN ANCHOR: And just very quickly, I mean, one of the things that we just heard Mike Johnson talk about this a few moments ago, the so-called weaponization of government, using their allegation that the Biden administration used the government to go after people for political reasons. It sounds as though the Trump Justice Department, by issuing this warning, is doing the very same thing, threatening to go after officials if they don't do Trump's bidding.

PEREZ: Right. I mean, they certainly don't see it that way. They view it as a course correction. But certainly, I think it's a different kind of sheep in different clothing.

ACOSTA: Yes, if you're on the receiving end of these kinds of warnings, you might feel threatened. All right. Evan Perez, thank you very much.

Coming up next, I'll speak to the California attorney general, Rob Bonta, on joining the lawsuit against the Trump administration to protect the American birthright citizenship. That's coming up.

(COMMERCIAL BREAK) [10:35:00]

ACOSTA: This morning, President Trump has a new legal challenge to one of his many efforts to crack down on immigration by ending birthright citizenship. 22 states and two cities, including Washington, D.C., are now suing his administration, pointing out that birthright citizenship is protected by the constitution.

(BEGIN VIDEO CLIP)

ROB BONTA (D), CALIFORNIA ATTORNEY GENERAL: I have one message for President Trump, I'll see you in court. It violates our U.S. constitution. The president has overstepped his authority by a mile. And we will hold him accountable.

(END VIDEO CLIP)

ACOSTA: And California Attorney General Rob Bonta joins us now. Mr. Attorney General, thank you so much for joining us. I guess, what is your response to how the president is just going to try to go through with this? And what can you do to stop it? Take him to court, I guess.

BONTA: It's unfortunate, but not surprising, that on day one the President decided to trample over the constitution, attack American citizens, attack children, attack a bedrock principle of our country. And we have a rule of law in America and the court is where we will see the president to hold him accountable and make sure he complies with the constitution.

So, we expect to stop this executive order before it is ever implemented, we're seeking an injunction in court. And we are also seeking a national injunction so that it never sees the light of day and is never implemented and never harms any child in America.

ACOSTA: And, Mr. Attorney General, for the folks at home who may not be acutely aware of what the constitution provides in terms of rights if you're born in this country, enlighten folks at home, what does the constitution say if you're born in this country?

BONTA: The 14th Amendment of the United States constitution passed in 1868 says that all persons born or naturalized in the United States of America are citizens of the United States and enjoy all the rights and privileges thereof.

And so, if you are born in this country, on American soil, regardless of the citizenship or the status of your parents, you're an American citizen. That has been the law of this nation based on our founding document, the U.S. constitution for decades, reaffirmed in the U.S. Supreme Court by a case that came out of San Francisco, Wong Kim Ark over 125 years ago, reaffirmed.

The U.S. Supreme Court has interpreted it the way the language clearly states in the Citizenship Clause of the 14th Amendment, no court and this country has never interpreted the birthright citizenship clause to mean what the president seeks it to mean and what he's trying to do. So, unfortunately, on day one, he's violating the constitution. He made a promise to end birthright citizenship, and we made a promise to take him to court when he breaks the law, including the U.S. constitution. What he's doing is un-American, and we're going to stop him.

ACOSTA: And, Mr. Attorney General, we just heard from Evan Perez and Priscilla Alvarez reporting on some of these other stories on the immigration front. And one of the things that Evan Perez was just talking about a few moments ago is that there's this warning coming from the Justice Department aimed at elected officials around the country that there may be consequences if you do not aid the Trump administration in these expected mass deportation raids that are set to come in -- any day now. What's your response to all of that if the Justice Department or the Trump administration threatens you?

BONTA: Unfortunately, again, very expected, no surprise, another scare tactic from the federal administration. We are very well aware of what the law requires us to do and what it permits us to do. We have strong states' rights under the 10th Amendment of the United States constitution. This issue is adjudicated already.

[10:40:00]

The Trump administration tried to condition grants on California sanctuary jurisdictions, revoking their status, and they were stopped by a court because they can't do that. We know that we don't have to participate in immigration enforcement activities. And certainly, the federal government may if they act lawfully and we will not interfere or get in the way if they're acting lawfully in their duties, but they cannot commandeer or conscript or force cities or the states to do their job for them. But they may do their job if they do it lawfully.

ACOSTA: All right. Mr. Attorney General Rob Bonta. Thank you very much for your time. We appreciate it.

BONTA: Thanks for having me.

ACOSTA: All right. And President Trump is defending, pardoning violent Capitol rioters. Congressman Tim Burchett, Republican, joins me in just a few moments to react. That's next.

(COMMERCIAL BREAK)

[10:45:00]

ACOSTA: This morning, the leaders of two far-right extremist groups are free after being pardoned for helping to plan the January 6th insurrection. Former Proud Boys leader Enrique Tarrio and Oath Keepers founder Stewart Rhodes, both convicted of seditious conspiracy, left prison on Tuesday, just hours after President Trump granted clemency to more than 1,500 people charged with trying to overturn the 2020 election rioting at the Capitol.

Let's discuss that in more now with Republican Congressman Tim Burchett of Tennessee. Congressman, thanks so much for being here. Axios is reporting that Trump's January 6 pardons were last-minute decision. His team was reportedly wrestling with how to handle them. But according to one adviser, Trump said, quote, "F it. Release them all." Your response.

REP. TIM BURCHETT (R-TN): Well, Jim, as always, it's good to be on here for my weekly beating from you all at CNN, and I appreciate you, brother. And I was thinking about you this morning, actually, because I remember Rush Limbaugh, somebody called in when Bill Clinton was elected president, and they said, oh, I bet you're depressed. And he said, depressed? Heck no, I got four years of material. Just think, you've got four years of material, at least, right now. So --

ACOSTA: Well, I'm not so much worried about material, Congressman, as I am about the president releasing violent offenders who attacked the Capitol where you're standing right now on January 6th. People who were convicted of seditious conspiracy.

I spoke with Officer Harry Dunn at the top of the program. I spoke with the ex-wife of Stewart Rhodes, Tasha Adams, they are both worried about their safety. Do you defend what Donald Trump did, releasing these people from prison, pardoning them, commuting their sentences? Yes or no?

BURCHETT: I was the last person to leave the Capitol grounds -- excuse me, the floor of the Capitol, last member of Congress on January 6th when all this went down. You know, I was offended as anybody. If they cross those barriers, they were breaking the law. But you got to realize too their charge under federal law. Many of them never even saw their day in court and were sitting in a jail cell. So, the whole thing is bad news.

ACOSTA: Yes. Congressman --

(CROSSTALK)

BURCHETT: But you also --

ACOSTA: -- no, Congressman, I asked you a yes or no question, do you agree with President Trump's decision to pardon these violent people and releasing them from jail?

BURCHETT: If they were truly violent, no. But do I know that they were? I don't know that.

ACOSTA: What do you mean you don't know that? We're showing the footage on the air right now. Congressman, you were there that day. There, there are offenders on January 6th who violently beat police officers. There are offenders who are convicted of seditious conspiracy. That is the truth.

BURCHETT: This is a political world, Jim, and I don't remember you all on CNN condemning Joe Biden for commuting the sentences of murders and child molesters, which he did. And you all refused --

(CROSSTALK)

ACOSTA: Congressman, I'm not asking you about that. Congressman, we talked about Joe Biden's pardons --

BURCHETT: Well, you never do. You never do, Jim. You never do.

ACOSTA: Congressman, we did talk about it. We talked about Joe Biden's party.

BURCHETT: Oh, Jim, you did not. You all read your report from the Democrat National Committee, as you always do, and you attack Americans.

ACOSTA: That is absolutely false. Congressman, are you going to respond and say whether or not it is right to let these people out of jail?

BURCHETT: I don't know if it is or not. I'm not a lawyer. But I'll tell you what isn't right, is for them --

ACOSTA: You're a congressman. You're a member of Congress. You're an elected official. Take a stand.

BURCHETT: They were not given due process. I told you if they crossed the line, they were trespassers. Should they rot in jail for the rest of their lives in a federal --

ACOSTA: Beating -- not trespassing, beating police officer. Tasing police officers.

BURCHETT: Jim --

ACOSTA: Seditious conspiracy.

BURCHETT: What you're forgetting to say is the ones that he didn't release. Why did he not release those? There are several that he did. This blanket thing you're all talking about is not a blanket. It's not a blanket. Pardon. There were several that he didn't for those very same reasons. Why are you not focusing on them?

ACOSTA: Congressman, we're talking about the leader of the Oath Keepers, the leader of the Proud Boys. They should be released from prison?

BURCHETT: What about the leader of the FBI? What about the FBI agents that were on the grounds that were in that mess --

ACOSTA: Congressman, the leader of the FBI was not rioting at the Capitol that day and beating up police officers. Whatever happened to back the blue? I want to show this. The Fraternal Order of Police, another police organization out there, the International Organization of Police Chiefs. If we can show that up on screen, that would be great. They both say that what President Trump did is wrong. They're deeply discouraged by these pardons.

And I want to ask you --

(CROSSTALK)

BURCHETT: Jim, if they broke the law, they ought to be in jail. If they broke the law, they ought to be in jail.

ACOSTA: OK. Well --

BURCHETT: You know, you spring this stuff on me, I don't know, I haven't seen the tapes of these individuals of --

(CROSSTALK)

ACOSTA: What happened to back the blue? What happened to backing police officers? Your party has said time and again, we back the blue. It sounds like you let down the blue. You're betraying the blue.

[10:50:00]

BURCHETT: Jim, why don't you just give an editorial and not let me come on? Look, what happened in the last four years with police? What happened with all the riots that took place all across the country? Police officers were murdered. Courthouses were burned. Over 22 police cars were burned, yet no one went to jail for that. Where's your crocodile tears for that?

ACOSTA: You're --

BURCHETT: No, you're not.

ACOSTA: You're engaging in a game --

(CROSSTALK)

BURCHETT: You're not addressing the facts.

ACOSTA: You're engaging a game -- in a game of whataboutism. People were obviously prosecuted after those rights.

BURCHETT: -- every day. Every day --

(CROSSTALK)

ACOSTA: What are you talking about what we're doing at CNN? We didn't storm the Capitol. These people did. And President Trump let them out of jail. Why not just say you were wrong, Mr. President. Say it. Why can't you say it?

BURCHETT: Jim, as I said, individually, I don't know the case, but on the -- but on several, he did not release from jail, why are you not putting the story out on that and saying it's a blanket.

ACOSTA: All right.

BURCHETT: Show me the types of these individuals beating police officers?

ACOSTA: We're showing it right now.

BURCHETT: Of those individuals --

ACOSTA: Congressman, you're saying -- I'll be happy to go to your office and show you the footage --

BURCHETT: You are not, Jim.

(CROSSTALK)

ACOSTA: -- of these people beating police officers.

BURCHETT: I've seen the footage -- I've seen that footage, but of those individuals, Jim.

(CROSSTALK)

ACOSTA: Congressman, I spoke with the ex-wife of Stewart Rhodes, the leader of the Oath Keepers. This is what she told me just a few moments ago. Let's listen to this.

(BEGIN VIDEO CLIP)

TASHA ADAMS, EX-WIDE OF OATH KEEPERS FOUNDER STEWART RHODES: I'm worried. I am worried. I'm also worried about his followers. They're a bit unhinged and he does seem to be regathering and regrouping his army, you know, right now.

(END VIDEO CLIP)

ACOSTA: Congressman, their relatives who turned in their relatives because they were involved on January 6th. Who's going to protect them now that these people have been released?

BURCHETT: Jim, I had individuals from my community bankers, church people that left before all this happened. The FBI came to their house, their places of business and harassed them. This was a political thing from the start. It was a bad day in America. If they crossed the lines --

(CROSSTALK)

ACOSTA: It's not a political thing, not a political thing. It's not all political. Congressman, they broke the law. It's all political.

BURCHETT: It's all political.

ACOSTA: There's such a thing as right and wrong and law and order. And, Congressman, your party has said, we back the blue. And I just want to ask you if any of these people who were released from prison, if any of them commit crimes in the future, should Donald Trump take personal responsibility for that?

BURCHETT: No more than Joe Biden should take personal responsibility for the 14 million people for Laken Riley losing her life because he didn't have enough guts to enforce --

ACOSTA: I'm not talking about Joe Biden.

BURCHETT: Americans. ACOSTA: If Joe Biden pardons people, and they reoffend, he's obviously responsible for that. I'm asking you, why can't members of your party just tell the president when he's wrong? Why can't you do that? (CROSSTALK)

BURCHETT: You spent four years making excuses for a --

ACOSTA: What are you afraid of?

(CROSSTALK)

BURCHETT: -- fellow with Alzheimer's in the lead office in this country and --

ACOSTA: Congressman, you and I know --

BURCHETT: -- defending him and putting him in office.

ACOSTA: You and I talked about this. We raised questions about that time and again on this network, on this program.

BURCHETT: You all made excuses for him for four years.

ACOSTA: I'm asking you a question, is President Trump responsible? Is he responsible if some of these offenders re-offend? What happens if one of the Oath Keepers or the Proud Boys goes out there and hurts somebody? Isn't -- and they were involved on January 6th and were put in prison, and Donald Trump released them, isn't he then responsible for that? Isn't he responsible if somebody gets hurt?

BURCHETT: I would say if they're Trump appointed judges, they will go to jail. But if they're Joe Biden appointed judges or Soros-backed D.A.s, they'll probably walk unless they do in New York and the rest of the country. As we saw during the Black Lives Matters marches, we saw on the riots all across the country, those people walked. Nobody went to jail for that. Millions upon millions of dollars of property was damaged, as you all didn't raise a finger, didn't say one word about it.

(CROSSTALK)

ACOSTA: Congressman, that's just not true.

BURCHETT: And said, oh, it's all in order. You showed riot -- we had riots, where things towns were burning down and they were allowed to do it. They were allowed to do it, and you all did not --

(CROSSTALK)

ACOSTA: Congressman, we covered it --

BURCHETT: Oh, you covered it, Jim. Come on, Jim.

(CROSSTALK)

ACOSTA: -- all day long.

BURCHETT: You gave it the bare modicum of coverage and then you went on to trashing Trump for some conservative cause.

ACOSTA: I was at the White House covering the first Trump administration when they had rioting outside of the White House. I mean, that was covered on CNN. What you're saying -- this is not Fox, Congressman. You can't just spin a tail and pull the wool over people's eyes. This is CNN. This is the news.

BURCHETT: And that's --

(CROSSTALK)

ACOSTA: We are asking you to come on and tell the truth.

BURCHETT: And that's why more people are watching the Cartoon Network "SpongeBob" reruns right now, Jim. Look, I left the White House during a riot. My life was threatened. My life has been threatened within the last few weeks, yet there's no coverage of that. And you all continue this narrative attacking Trump. You just can't stand the fact that he won and that America spoke.

(CROSSTALK)

ACOSTA: Congressman, no.

BURCHETT: And your view is very diminished.

ACOSTA: That's not the case at all.

BURCHETT: And your view is very diminished.

ACOSTA: I ask you to come on to ask you about these pardons because they are highly controversial and they could result in people getting hurt. And I think that's a sincere question to ask.

BURCHETT: If they break the law, then they go to jail. If they break the law, then they go to jail.

[10:55:00]

ACOSTA: But then went to jail and then the president let them out of jail. And all I'm asking is for you to say that if you feel it's wrong, say it's wrong.

BURCHETT: That's the key. They did go to jail. And under these Soros- backed D.A.s all across the country, these people are walking for much more heinous crimes than this.

ACOSTA: Congressman Tim Burchett of Tennessee, thank you for your time and thank you for joining us this morning.

I'm Jim Acosta. Our next hour of newsroom with Pamela Brown starts after a short break. Have a good day.

(COMMERCIAL BREAK)

[11:00:00]