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Early Start with John Berman and Zoraida Sambolin

Battle Over Justice Scalia's Replacement; Rubio Tries to Recapture Mojo; Escalating Tensions in Syria; Pope Francis in Mexico; Aired 4-4:30a ET

Aired February 15, 2016 - 04:00   ET

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


[04:00:22] ALISON KOSIK, CNN ANCHOR: Republicans dig in for a fight over replacing Justice Scalia. New details this morning on the Supreme Court justice's death and the battle over whether President Obama will be able to name his replacement.

Good morning, and welcome to EARLY START. I'm Alison Kosik.

MIGUEL MARQUEZ, CNN ANCHOR: And I'm Miguel Marquez. It is Monday, the 15th of February. 4:00 a.m. here on the East Coast.

This morning the body of Supreme Court Justice Antonin Scalia is back home now in northern Virginia. This is his casket at the airport in west Texas. That is where Scalia died during a hunting trip at an isolated resort. A source tells CNN there will be no autopsy. The decision made by Scalia's family and the Texas Justice of the Peace.

The "Washington Post" reports County Judge Cinderella Guevara pronounced Scalia dead over the phone after law enforcement officers assured Guevara there were no signs of foul play. And Scalia's doctor told her the 79-year-old jurist had several chronic conditions.

Meantime, Senate Republicans are calling for there to be no replacement nominated for the Supreme Court until after November elections as CNN's Manu Raju tells us that's a demand the White House has no intention of honoring.

MANU RAJU, CNN SENIOR POLITICAL REPORTER: Good morning, Miguel and Alison. Now President Obama said that he would wait until next week, potentially, or maybe even after, to choose the replacement to Justice Scalia, but that doesn't mean that the battle lines aren't already being drawn, particularly in the United States Senate.

On Saturday night, Majority Leader Mitch McConnell, who sets the schedule and decides which nominees can be voted on and who will be confirmed, decided that the next president -- the next president should nominate the replacement, not the current president, and clearly the president -- the current president, President Obama, did not listen to Senator McConnell and is planning to move forward.

Now the big question for Mitch McConnell and the rest of the Republicans is, will they allow a vote on the floor of the Senate, and the Senate Judiciary Committee, to confirm or to deny the next Supreme Court justice? This is something that they have not fully decided yet, largely because Senator McConnell wants to take the temperature of his Congress.

Now you have various camps that are forming. You have Republicans who are dead set against any nominee being confirmed right now. Then you have some moderates who are uncertain about what to do. Then you have probably the most influential group, members of the Senate Republican Conference, who are up for re-election in blue states and in purple states because at the end of the day those members, how they do will determine whether or not Republicans will stay in the majority next year.

Those folks will be targeted pretty aggressively by the Democrats, by the White House, by groups on both sides to vote the way that they want them to, so we'll see -- we'll watch them very closely, people in Ohio, senators from Ohio, Wisconsin, Illinois, Pennsylvania, New Hampshire and so forth. Those are the key to going forward, but right now, if you're in the White House and you're a Democrat, you know you have a very uphill battle to climb to get your nominee confirmed.

Back to you, Miguel and Alison.

KOSIK: OK, Manu Raju, thanks for that.

And Scalia's death immediately thrust the issue of Supreme Court nomination into the heart of the presidential race. Just hours before Republicans took the stage to debate in South Carolina, who would get to choose Scalia's replacement and when was the first topic. The one of the more heated.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: I think it's up to Mitch McConnell and everybody else to stop it. It's called delay, delay, delay.

JEB BUSH (R), PRESIDENTIAL CANDIDATE: There should be a consensus orientation on that nomination and there's no doubt in my mind that Barack Obama will not have a consensus pick when he submits that person to the Senate.

SEN. TED CRUZ (R), PRESIDENTIAL CANDIDATE: The next president is going to appoint one, two, three, four Supreme Court justices. If Donald Trump is president, he will appoint liberals.

TRUMP: Excuse me, excuse me.

CRUZ: If Donald Trump is president, your Second Amendment will go away.

TRUMP: Let me tell you, let me tell you.

JOHN DICKERSON, CBS POLITICAL DIRECTOR: Hold on.

(CROSSTALK)

CRUZ: You know how I know that?

TRUMP: Let me tell you.

DICKERSON: Hold on, gentlemen, I'm going to turn this car around.

TRUMP: Ted Cruz wants John Roberts. Ted Cruz, with your brother, wanted John Roberts to be on the United States Supreme Court. They both push him. He, twice, approved Obamacare.

DICKERSON: All right, gentlemen.

(END VIDEO CLIP)

KOSIK: Marco Rubio also having his say on the Supreme Court issue on a night that he hopes to put that disastrous New Hampshire debate performance behind him.

CNN's Phil Mattingly has more on Rubio's efforts to regain his campaign mojo.

PHIL MATTINGLY, CNN CORRESPONDENT: Good morning, Miguel and Alison.

Marco Rubio, one of the only candidates on the trail here on Sunday, just a little bit after that rousing debate that was equal parts brawl and exchange of ideas. Now Rubio's team thinking he did very well in that debate. That's no small thing in the wake of New Hampshire where a disappointing fifth place finish was due in part to a very poor debate performance.

[04:05:09] Now the issue on the campaign trail on Sunday no different than the leading issue in that debate. Who will be the next Supreme Court justice and who will get that pick?

Here's what Rubio said in Easley, South Carolina.

(BEGIN VIDEO CLIP)

SEN. MARCO RUBIO (R), PRESIDENTIAL CANDIDATE: There is no way the Senate should confirm anyone that Barack Obama tries to appoint in his last year in office to a lifetime appointment. So the next president of the United States will fill that vacancy in a court right now that's evenly divided 4-4. Four people that understand their job, four people that do not.

(LAUGHTER)

RUBIO: And we're missing one.

(END VIDEO CLIP)

MATTINGLY: Rubio sounding just like the rest of the Republican senators in his conference, saying President Obama will get no chance to move his nominee, whoever that may be, through the United States Senate.

Now Rubio has a very important week of campaigning ahead. A South Carolina based campaign team. A lot of real pros according to South Carolina analysts down here. But still a lot of ground to make up. Donald Trump with double-digit leads, not only in South Carolina, but across the south. Rubio hoping to cut into that lead over the course of this week. A strong performance in South Carolina his team hopes will bolster his moves forward as his campaign moves along. Rubio trying to get back that momentum he had in the wake of that big Iowa finish.

Miguel and Alison, back to you.

MARQUEZ: Thanks to Phil Mattingly.

On the Democratic side, Hillary Clinton and Bernie Sanders, of course, taking the opposite stance. Surging a swift nomination by the president and immediate confirmation vote by the Senate.

(BEGIN VIDEO CLIP)

HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: The president has the right and responsibility to nominate a new Supreme Court justice, which he has said he will do, and the United States Senate has the responsibility under our Constitution to act on the person that the president appoints.

SEN. BERNIE SANDERS (D), PRESIDENTIAL CANDIDATE: The Constitution is pretty clear, and that is, it is the job of the president of the United States to appoint, nominate members to the Supreme Court, and the Senate confirms.

President Obama, in my view, should make that nomination. I hope he does it as soon as possible and I hope that the Senate confirms and begins deliberations as soon as possible.

(END VIDEO CLIP)

MARQUEZ: Now Clinton is in Nevada for a rally today ahead of Saturday's Democratic caucuses there. Sanders is in Michigan to meet with families affected by the Flint water crisis before heading to South Carolina this evening.

KOSIK: Happening today for the first time, Jeb Bush hits the campaign trail with his older brother, former president George W. Bush. Bush says appearing with his brother in South Carolina could help save his sputtering presidential campaign. He says George W. can vouch for his readiness to be commander-in-chief. George W. Bush left office with low approval ratings nationally, but he's still relatively popular in South Carolina.

And hear from the Republican candidates in a unique two-night event right here on CNN this week, Wednesday and Thursday, at 8:00 p.m. each night. You'll see all six candidates for the very first time this campaign. They're going to be answering questions from the voters of South Carolina in two live town halls moderated by Anderson Cooper.

Ben Carson, Marco Rubio and Ted Cruz on Wednesday, followed by John Kasich, Jeb Bush and Donald Trump on Thursday. All of them live beginning at 8:00 p.m. Wednesday and Thursday right here on CNN. MARQUEZ: Now Arizona Senator John McCain says he is prepared to

subpoena 10 U.S. sailors to testify about their detention by Iran last night if the White House keeps dragging its feet on the investigation. The sailors were held after two patrol boats straight into Iranian waters. They were released after Secretary of State Kerry intervened. McCain says he's been told the sailors are being debriefed. He is giving the administration until March 1st to release the findings of its investigation.

KOSIK: Meantime Iran is celebrating its first export of crude oil to Europe since the landmark nuclear deal. The shipment was the first in five years and officials say it marks a new chapter for Iran's oil industry. Tehran plans to add a million barrels to its oil production following implementation of the agreement which lifted international sanctions in exchange for Iran restricting nuclear activities.

Time for an EARLY START on your money. We'll look at that markets, they're mixed around the world. Chinese markets are back to business today after a week-long holiday for the Lunar New Year. Look at Japan's Nikkei, it's surging 7 percent after last week's sharp selloff. European markets are mostly higher.

Here in the U.S. markets are closed for Presidents' Day. Friday, though, a great day for Wall Street. The Dow snapped its five-day losing streak jumping 314 points. Oil was behind the rebound that we saw in stocks. Prices jumped 12 percent Friday to more than $29 a barrel. That was biggest one-day spike since February 2009.

It's been interesting seeing stocks follow oil in lockstep.

[04:10:03] MARQUEZ: It is fear and exuberance. And nothing in between. It's madness in the markets all around the world.

KOSIK: It is madness.

MARQUEZ: It's incredible.

KOSIK: A good way to put it.

MARQUEZ: Hopefully it's a little more mellow going forward.

KOSIK: We can only hope.

MARQUEZ: As a proposed truce looms in Syria, the violence escalates. CNN is taking you to the frontlines of the battle. Coming up next.

(COMMERCIAL BREAK)

KOSIK: There appears to be no let up in the fighting in Syria despite plans for a cease-fire set to begin on Friday. While the U.S. and Russia brokered the truce agreement in hopes of containing hostilities, rebel forces in Syria claim it's Russian airstrikes that are ramping up the bloodshed. This comes as neighboring countries are starting to flex their military muscle. Turkish forces are going after the Kurds as Saudi Arabia sends jets to the frontlines.

CNN's Frederik Pleitgen has more on the ground from eastern Syria.

FREDERIK PLEITGEN, CNN SENIOR INTERNATIONAL CORRESPONDENT: Good morning, Miguel and Alison. Yes, we went to the eastern Syrian desert where we got exclusive access to Bashar al-Assad's frontline with ISIS. There's massive Syrian government military positions there, including tanks, artillery and armored personnel carriers.

I actually managed to speak to the commanding general of that region, and he says that recently the Syrian military has been able to make gains. And they say, in large part, that is thanks to Russian air power, not just because the Russians are conducting airstrikes, but also because of aerial surveillance that the Russians are giving to the Syrian army which makes it easier for them to target ISIS positions.

[04:15:04] Meanwhile, though, the Syrian conflict is escalating on various other fronts, as well. In the north of the country, Syrian government forces have also made gains against the rebels, but also Kurdish forces are attacking Rebels as well. That's causing a lot of anger in Turkey. And so Turkey itself has shelled Kurdish positions inside Syria.

All of this as the U.S. clings to and tries to make a peace plan work that would see a cease-fire here in this country in the next couple of days. But again, at this point in time, it appears as though here in Syria the violence, if anything, is escalating -- Miguel and Alison.

MARQUEZ: Frederik Pleitgen for us in Syria, thank you.

New York City Police are investigating Eliot Spitzer's alleged involvement in an assault at a Manhattan hotel. Two law enforcement sources briefed on the matter tell CNN A 25-year-old woman claims the former New York governor choked her inside a hotel room this weekend. They say the unidentified woman claims that Spitzer was her boyfriend. She told them they had an argument that turned physical. The woman was also hospitalized the same night with self-inflicted cuts to her wrist. Eliot Spitzer has not been charged. The spokesperson denies the assault allegation. Spitzer resigned as governor in 2008 in the wake of a prostitution scandal and later hosted a show here on CNN.

KOSIK: Michigan Governor Rick Snyder asking the federal government to expand Medicaid coverage to include pregnant women and people under 21 who've been exposed to Flint's lead-contaminated water. The governor says some 15,000 Flint residents would benefit if the request is approved. He says the state would help by lining up doctors, behavioral health specialists and providing other needed services.

The FBI is investigating a bomb that was found at a rental car facility at the Albuquerque Airport. Authorities say a credible explosive device was discovered Sunday. Attached to an Avis car that had been rented elsewhere and dropped off at the airport in Albuquerque. A police bomb squad was able to disarm the device. The rental car center is not attached to the main terminal and no flights were affected.

MARQUEZ: Now some scary moments for dozens of people who were stuck on a ski lift at a resort in New Hampshire. Crews rescued 48 people from two tram cars that became stuck Sunday some 40 feet off the ground in sub zero cold temperatures. No one was injured. Officials at the White Mountains Resort say the problem was with the service brakes on that tram.

KOSIK: OK. That does not look like fun.

MARQUEZ: As cold as it was this weekend? No.

KOSIK: No.

MARQUEZ: But I hope they're really packed in there and, you know, could stay warm.

KOSIK: And guess what? A winter storm is moving up the East Coast threatening millions today and tomorrow. Let's bring in meteorologist Pedram Javaheri.

PEDRAM JAVAHERI, AMS METEOROLOGIST: Alison and Miguel, good morning, guys.

(WEATHER REPORT)

KOSIK: OK. I'm ready for it to get above one degree here.

MARQUEZ: That would be nice. That would be nice, although I like the extreme conditions.

KOSIK: Yes. I couldn't even get out to see the movies. And "The Revenant," by the way, taking top honors Sunday at the BAFTAS. That's the British equivalent of the Academy Awards. The frontier epic winning five awards in all including Best Picture, Best Director and Best Actor for its star Leonardo DiCaprio. The "Revenant" now emerging as the frontrunner for the big prize at the Oscars. Other big winners at the BAFTAS, Brie Larson, Best Actress for "Room," and Kate Winslet as Supporting Actress for her role in "Steve Jobs."

BAFTAS has been a reliable Oscar predictor picking the Best Picture winner six of the last seven years. Missing only last year when it went for "Boyhood," which actually I loved.

MARQUEZ: That was a great film.

KOSIK: It was.

MARQUEZ: Amazing film. And I loved Kate Winslet in "Jobs." It was -- she great. Transformed. She deserves to win.

KOSIK: OK.

MARQUEZ: The Pope, speaking of another star, holding a large outdoor mass in a crime-ridden Mexican neighborhood. His new message of hope, coming up after the break.

[04:20:01]

(COMMERCIAL BREAK)

MARQUEZ: Pope Francis traveling to Mexico's poorest state today in effort to reach out to indigenous communities there. The pontiff taking on government, business and religious leaders during his six- day trip to Mexico.

CNN's Shasta Darlington has the latest on the Pope's visit -- Shasta.

SHASTA DARLINGTON, CNN INTERNATIONAL CORRESPONDENT: Good morning, Miguel. Good morning, Alison.

Pope Francis helicoptered into one of the most dangerous places in Mexico on his second full day. Ecatepec, a sprawling suburb just outside of Mexico City, notorious for its poverty and for its violence. In fact, the pontiff's decision to visit there ruffled more than a few official feathers. There was pure joy, however, for the hundreds of thousands who turned out to try and just catch a glimpse of the pontiff as he drove by on his way to mass.

The mass itself was surprisingly critical. Pope Francis lashed out at what he called the temptations of wealth, power and fame, and during the Angelus, he was even more direct. He told Mexicans they need to build a community that provides opportunity rather than a country that destroys young people. Listen to this.

(BEGIN VIDEO CLIP)

[04:25:05] POPE FRANCIS, CATHOLIC CHURCH LEADER (Through Translator): I want to invite today, again, to be on the frontline, to be the first in all the initiatives which help make this blessed land of Mexico a land of opportunities where there will be no need to immigrant in order to dream, no need to be exploited in order to work.

(END VIDEO CLIP)

DARLINGTON: Back in Mexico City, Pope Francis visited a children's hospital. Many of the patients, young victims of cancer, and there were touching moments. For example, when he gave a rosary to one young boy and asked him to pray for him, to another he administered his medicine, a young girl singing, "Ave Maria."

Now he's headed off to Chiapas on Monday, Mexico's poorest state, also the main entry point for Central American migrants, thousands of them, trying to reach the United States.

Back to you, Miguel, Alison.

KOSIK: OK, Shasta, thanks for that.

And Brazil recruiting the public to help curb the spread of the Zika virus. The "New York Times" reports Brazil military began handing out flyers over the weekend. It's part of a new campaign called Zika zero. Leaflets urged residents to inspect their homes, to eliminate mosquito breeding spots. Zika is now present in two dozen countries, in the Caribbean and Latin America. The virus is believed to be linked to a surge of infants born with brain damage. Senate Republicans and the president on a collision course over how to

replace Justice Scalia. Will the Supreme Court vacancy sit open until next year? We're breaking it down next.

(COMMERCIAL BREAK)