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Death of Supreme Court Justice Antonin Scalia; Cruz and Trump Tension in South Carolina; Pope Francis Visits Mexico; Crisis Escalating in Syria; Stock Markets Up; Chinese Markets Open Again. Aired 5:30-6 am ET

Aired February 15, 2016 - 05:30   ET

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

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[05: 35:01] ALISON KOSIK, CNN ANCHOR: The death of Antonin Scalia, chaos, confusion and a major battle brewing over how and when the Supreme Court Justice will be replaced. Welcome back to EARLY START, I'm Alison Kosik.

MIGUEL MARQUEZ, CNN ANCHOR: And I'm Miguel Marquez. It is 30 minutes past the hour.

This morning, the body of Supreme Court Justice Antonin Scalia is back home now in northern Virginia. This is the casket at the airport in west Texas. That's 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 a 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 until -- nominated -- until Scalia -- until after the November election as CNN's Manu Raju tells us, that's a demand the White House -- 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: All right, Manu Raju, thanks for that and to help us break down the political wildfire touched off by the death of Justice Scalia, we're joined by Daily Beast Editor-at-Large, Goldie Taylor. Good morning to you, thanks for getting up so early.

GOLDIE TAYLOR, EDITOR-AT-LARGE, THE DAILY BEAST: Good morning.

KOSIK: So it was only hours after we got the news of Justice Scalia's death, and then we had the republican debate in South Carolina, and they were just getting down and dirty. I want to play for you an exchange that happened between Ted Cruz and Donald Trump, just to give you a taste of how down and dirty it was.

TAYLOR: Sure.

(BEGIN VIDEOCLIP)

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.

GOV. JEB BUSH (R-FL), 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 (D-TX), 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. If Donald Trump is president, your second amendment will go away -- you know how I know that? I'm going to turn this car around.

TRUMP: They put John Roberts, Ted Cruz, with your brother, wanted John Roberts to be on the United States Supreme Court. They both pushed him. He, twice, approved Obamacare. (END VIDEOCLIP)

KOSIK: And the battle has begun, hasn't it?

TAYLOR: The battle had absolutely begun.

MARQUEZ: More brawl than debate. How tough is it going to get?

TAYLOR: It's going to get even tougher. I mean, we're headed toward Super Tuesday. We've got Nevada and South Carolina coming up on the 20th and 27th, and then we've got Super Tuesday right around the corner. Well you've got an arm full of states that, you know, these candidates have to go after. And right now, it's a two or three man race. It's Ted Cruz and Donald Trump and possibly -- possibly -- and Marco Rubio kind of fits up in there.

MARQUEZ: Republicans want -- do not want the President to name anyone ...

TAYLOR: That's right.

MARQUEZ: ... The President is clearly going to name someone ...

TAYLOR: Clearly.

[05:40:11] MARQUEZ: ... He probably won't get what he wants, but could this motivate democratic voters?

TAYLOR: It could actually motivate democratic voters, but the move on the side of the republicans, in terms of not, you know, confirming a nominee, helps them galvanize their voters. You know, at the end of the day, if you really, really take a hard look at this, this will never hit a floor vote, which means those republicans who are in blue and purple states, will never be forced to choose, which means it may not be as big of an issue in their districts. You know, if you keep the vote away from them, then you keep them safe. You keep them from having to make a hard choice. You know, so there's some real capitalists (ph) running here on both sides of the table.

KOSIK: And then you've got, of course, Hillary Clinton, Bernie Sanders, saying, "Look, President Obama should pick Scalia's replacement." I want to play you ...

TAYLOR: Sure.

KOSIK: ... actual soundbites on that end.

(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-VT), PRESIDENTIAL CANDIDATE: The constitution is pretty clear, and that is, it is the job of the President of the United States to appoint and 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)

KOSIK: All right, so you've got the democrats saying, "Look, this happened on President Obama's watch, he should go ahead and nominate," and then, listening to Hillary Clinton, she's said, "Listen, it's the responsibility of the Senate to act it," as they will, they're going to delay, delay, delay, aren't they?

TAYLOR: And according to the constitution, it really is the President's right and his obligation to fill that seat or at least to attempt to fill that seat. It is also the Senate's responsibility to advise and consent, and so the President cannot -- he can nominate someone. It cannot be confirmed without the advice and consent of this US Senate, but if you listen to Ted Cruz, he's saying we are advising and consenting, and we're saying no to any nominee.

And so that's really sort of the basic argument here.

MARQUEZ: Cruz said if it ever got to the floor, he would -- he would filibuster it, but you're saying it's never going to get to the floor, so both sides will be motivated, both democrats and republicans ...

TAYLOR: Both sides.

MARQUEZ: ... to elect their party to replace Antonin Scalia, so how -- so even if this -- this person is, sort of, dead on arrival, is probably a bad way to put it ...

TAYLOR: Sure, sure.

MARQUEZ: ... but even if whoever the President nominates doesn't get -- how important is that pick?

TAYLOR: It is absolutely important that the President picks a well- qualified, well-vetted candidate for this job. You don't want anyone that the republicans can outright a sale on qualifications. You don't want that easy of a hit. What you do want is for them to have to hit this person on wedge issues. Things like affirmative action, things like a woman's reproductive choices, things that aren't necessarily on a ballot this fall, but are in the hearts and minds of everyday Americans. Someone who, you know, how would you rule on Obamacare? You know, do you think it's constitutional? You know, we want those kinds of things on the table.

And so the President will pick somebody who will be a counterpoint to republicans on those issues and make them talk about them out loud.

KOSIK: And those big issues that you're talking about, you know, affirmative action, abortion, immigration, you name it, those issues could actually get more voters to the ballot box, won't they? TAYLOR: Oh, absolutely. This is going to be -- I think this -- Antonin Scalia did something that he never really did in his living days, you know, he is going to be a centerpiece, you know, for a presidential election. And at the end of the day, these issues are going to drive turnout on both sides of the aisle, and I think that, you know, it's anything goes this fall.

KOSIK: All right, Goldie Taylor. Thanks so much for coming in this early.

MARQUEZ: Thank you very, very much.

TAYLOR: Thank you.

MARQUEZ: Hear from the republican candidates in a unique two-night event on CNN this week, Wednesday and Thursday at 8 pm, each night, all six candidates for the very first time in this campaign, they'll answer 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 pm Wednesday and Thursday, right here on CNN. KOSIK: OK. It's time for an EARLY START on your money. Markets are 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 (INAUDIBLE), it's surging 7 percent after last week's sharp sell-off. European markets are higher, and here in the US, we are seeing our markets, they closed for President's Day, but Friday, woo, a great day for Wall Street.

The DOW stopped it's five day losing streak jumping 314 points. Oil was the culprit behind the rebound. Prices jumping 12 percent on Friday, that's making oil get to what -- more than $29 a barrel, it's the biggest one-day spike since February of 2009.

[05:46:07] It was an amazing day, nice to see some green arrows, a nice change of pace.

MARQUEZ: Maybe the madness and the fear, the stampede, in the global markets is over.

KOSIK: I wouldn't be too sure of it -- I wouldn't be too sure of it unfortunately.

MARQUEZ: All right, fine.

KOSIK: As proposed truce looms in Syria, the violence escalating, CNN taking you to the front lines of the battle next.

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[05:46:07] KOSIK: There appears to be no let-up in the fighting in Syria despite plans for a cease fire set to begin on Friday, and while the U.S. and Russia brokered the truce agreement in hopes of containing hostilities, rebel forces in Syria claim it's Russian air strikes that are ramping up the bloodshed. This comes as neighboring countries are beginning to flex their military muscle. Turkish forces are going after the Kurds as Saudi Arabia sends jets to the front lines. CNN's Frederik Pleitgen has more on the ground from eastern Syria.

FREDERIK PLEITGEN, CNN INTERNATIONAL ANCHOR: Good morning, Miguel and Alison, yes, we went to the eastern Syrian desert where we got exclusive access to Bashar al-Assad's front line 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 air strikes, 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.

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: Thanks to Frederik Pleitgen. New York City Police are investigating Eliot Spitzer's alleged involvement in an assault in 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 Spitzer was her boyfriend. She's 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. A spokesperson denies the assault allegations. 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 have been exposed to Flint 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.

MARQUEZ: The FBI is investigating a bomb that was found in 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. No flights were affected. KOSIK: Some very 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 on Sunday. It was 40 feet off the ground in sub-zero cold. No-one was injured, thankfully. Officials at the White Mountains Resort say the problem was with the service brake.

MARQUEZ: Oh, service break, sure, I just always bring -- always bring schnapps (ph). I always bring a little something to drink, that's ...

KOSIK: to stay warm.

MARQUEZ: Let's take a look at what's coming up on NEW DAY with Chris Cuomo. Mr. Cuomo, how are you?

KOSIK: Good morning, Chris.

CHRIS CUOMO, CNN ANCHOR: Miguel hold your consternation on what bothers you in life. Nobody cares, this is about everybody else. Good morning to you, as well, young Kosik. All right, so we are dealing on three different levels with what happened Antonin Scalia, known as "Nino" to his friends.

First, a tremendous loss to American culture -- legal culture, certainly to his family. The Scalia's are a big and proud familia, we wish them well and offer condolences on this sudden and certainly untimely death of one of the most powerful men in the country.

We're also going to talk about what this means to the court in a pure legal sense, what does this do to the balance, what does this mean in the case of a tie, what does this mean for big cases. And then, lastly and certainly going to be a big point of emphasis, the politics. Who will they put in? The idea that President Obama should not or cannot offer someone up because he's in his last year, is a silly notion. We'll tell you why. But we'll also deal with the practicalities of who may be offered and what may be the resulting process in Washington.

We're going to talk to people who knew and worked with "Nino" Scalia, so you can understand his impact and he loomed so large on that court. We have former Attorney General Alberto Gonzalez to also transition us from the role of the court into the role of war. There are a lot of politics now on the presidential side about what was and was not right, and who is and who is not to blame when it comes to Iraq. We will take you through that process and what it means for the race.

That's what we have today. Sorry if I belabored it a little, but a very big topic when it comes to "Nino" Scalia.

[05:53:08]

KOSIK: There are many sides to the issue. Thanks so much, Chris.

Kanye West dropping a new album announced that he's millions of dollars in debt. We'll get an EARLY START on your money. I know, believe it or not. (COMMERCIAL BREAK)

.[05:52:08]

MARQUEZ: Pope Francis traveling to Mexico's poorest state today in an 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 pontiff'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 angeles (ph), 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:

POPE FRANCIS, CATHOLIC CHURCH (via translator): I want to invite today, again, to be on the front line, 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.

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 saying, "Ava Maria." Now, he's headed off to Chips 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. Let's get an early start on your money before we go. Happy President's Day. U.S. markets are closed for the holiday. Wall Street, though, had a great day on Friday. The DOW stopped its five-day losing streak, jumping 314 points. Oil was behind the rebound. We saw prices jump 12 percent Friday to more than $29 a barrel. That was the biggest one-day spike we've seen since February of 2009.

All right, let's take a quick look at markets around the world. Chinese markets are open again after a week-long holiday for the lunar new year, and European markets are mostly higher at the moment.

This is interesting. Kanye West says he's $53 million in debt. As West waited to take the stage on Saturday Night Live, he tweeted this, "I write this to you my brothers, while still $53 million in personal debt, please pray we overcome. This is my true heart."

Now at first, people were scratching their heads, it was unclear at first whether the rapper was joking. Reports say West has been using his own money to fund his latest clothing collection and his seventh studio album called, "The Life of Pablo," which debuted only days ago, and West was back at it on Twitter yesterday saying Facebook found Mark Zukerberg should invest one billion dollars in his ideas.

Not so sure he'll go along with that.

Deadpool may be an unlikely hero, but he had a great day at the box office this weekend. Deadpool had the biggest opening ever for an R- rated film, raking in about $135 million. That title formally belonged to the Matrix Reloaded. Deadpool surprised Hollywood, more than doubling its initial box office forecast and the raunchy sarcastic hero, not going anywhere. A sequel for this movie already in the works. They are just milking it.

MARQUEZ: You know how I love the raunchy and sarcastic, as well.

KOSIK: Yes, I'm sure you'll see the sequel then.

MARQUEZ: Oh, I'm on it. I am on it. The death of Antonin Scalia, a major battle brewing over how and when the Supreme Court justice will be replaced. "NEW DAY" starts right now.