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New Day

Jason Rezaian's Brother Speaks to New Day; International Sanctions Against Iran Lifted Over Weekend; Will New Iran Sanctions Dash Ex-CIA Contractor's Hopes?; U.S. Imposes New Sanctions Over Ballistic Missile Test; Could E-mail Derail Criminal Case Against Cosby? Aired 7:30-8a ET

Aired January 18, 2016 - 07:30   ET

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

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[07:32:03] MICHAELA PEREIRA, CNN HOST: Imagine the relief. This morning, Jason Rezaian and two other Americans are at a U.S. military hospital in Germany, final free from Iran. Rezaian, the Washington Post Tehran Bureau chief was held captive for 545 days.

CNN's chief national security correspondent, Jim Sciutto, has been following Rezaian's case. Joins us now from Washington. You're going to speak with his brother, Ali, who's in Germany this morning. This is amazing.

JIM SCIUTTO, CNN CHIEF NATIONAL SECURITY CORRESPONDENT: Michaela, this is just one of those interviews you're just so happy to do. It's been such an ordeal for them. I'm joined now by Ali Rezaian. He is in Germany awaiting his brother after just more than a year long ordeal. Ali, I got to ask you, first, how is Jason doing? I know you've spoken with him.

ALI REZAIAN, BROTHER OF JASON REZAIAN: Yes, I've spoken to him twice on the phone since he got here to Landstuhl. He seems in good spirits. He's together. He really can't wait to get out there, see people, meet people, but right now he's got to focus on getting himself better and getting out there.

SCIUTTO: Ali, you and I, we've spoken for months about this, and this has been an ordeal for you, for your mother, for Jason's wife, Yeganeh. How are you dealing with this? The emotions have to be still raw.

REZAIAN: I think so. I think right now, it's just starting to set in. Doing interviews makes me -- gets me back to remember what's going on, but I'm really happy, happy jason's out. I'm happy that he sounds like he's going to be able to make a recovery and get out there. I'm just looking forward to bringing him home to California.

SCIUTTO: Now Ali, during the very minimal contact that your family had with Jason while he was behind bars, there were many things he could not say. I'm just curious, has he shared any details about his treatment inside Evin prison, a notorious prison in Iran, with you since he's gotten his freedom? REZAIAN: You know, not really. We talked about a couple of things, talked about some folks here on the outside, Iranian folks, people that cover Iran, and the only thing he said, Jim, is oh, I was interrogated about them. So I think there's going to be a lot to find out over the course of the next couple of months when Jason's ready too but right now he just needs to focus on making sure that he's ready to come back into society, be with folks, and get himself better.

SCIUTTO: Now it was a surprise to many that there were these secret negotiations going on that no one really knew about, to free Jason and the other Americans held in Iran. Were you or Jason's family made aware at all throughout those talks that there was this secret U.S. government effort to gain their freedom?

REZAIAN: We had been in touch with the state department. The state department kept me in the loop that there was ongoing conversations that were happening, both during the nuclear negotiations and sometimes separately. So at a very minimal level, I knew that there were things going on. I had to trust that the government was doing what was best and that it would bring Jason home as soon as possible.

SCIUTTO: Now, no one could help noticing that the Americans, that Jason, that Amir Hekmati, that Saeed Abedini, that they were released or at least the announcement of their release was on the very same day that the nuclear deal was implemented and that Iran was relieved of these punishing economic sanctions. Now the administration says, not related. They were two separate tracks here. But is it your view that your brother was, in effect, a hostage to the nuclear negotiations?

REZAIAN: You know, I think we'll look back on that over the course of the next years and see what it is. I think that we were in a unique time. I think that that brought together a unique set of circumstances that brought Jason to be held now for 18 months. And all those factors had to be together for him to be in kind of this perfect storm and stuck there so long.

SCIUTTO: Well just in the simplest terms, do you think that Jason would be free today if that nuclear deal had not been completed?

REZAIAN: You know, I haven't really thought about it. I'm just really happy that he's out.

SCIUTTO: Understood. Fair enough. Now, I know that there's been some discomfort in the family, and even people like the attorney general were uncomfortable with the idea of releasing Iranians convicted in the U.S. of actual crimes for someone like Jason who, certainly your view, it's the U.S. government's view that the charges against him were manufactured. How does that feel that there was this swap for you? Does that make you feel uncomfortable at all?

REZAIAN: You know, I mean, I think -- I'm grateful for everything that the president's done, everything that the government's done to get Jason out. I know that both houses of congress have unanimously voted on resolutions telling the president to do everything they possibly could to bring these Americans home from Iran and that's what they did so I thank those folks. Clearly, it's not morally justified to take innocent people and trade them for people that have done crimes, but the fact of the matter is, for these folks that have been locked up in prison in Iran for all this time is not morally justifiable either. So I appreciate everything the government's done and I'm just really happy that he's home.

SCIUTTO: So I've got to ask you about the final minutes, because there was this final delay, I've been told by U.S. officials, this question, the plane ready to leave Iran, finally with Jason's freedom, and then, of course, his wife, Yeganeh, his mother wanted to be on the plane with him, thought they were going to be on the plane with him, but the Iranians threw up a roadblock at that point. What happened? What has your mother told you, your wife told you, and what were they feeling at that moment?

REZAIAN: Well you know, I'll just make a little minor adjustment there. So Jason had been told he was going to be leaving. Yegi had been told repeatedly by the interrogators that they weren't going to let her leave with Jason and that's what caused the problems. The U.S. stuck to its guns. They had said that Yegi had to come along with Jason, and they got her out. So I appreciate that. The Iranians, as they have done all along, continued to manipulate them, continue to try to mess with them and prevented Yegi from leaving for some period of time. But thanks to the Swiss and thanks to the Americans, she came home with him as well. SCIUTTO: Just one very final quick question, what was Jason's first request as he got out of Iran? What did he ask for? Was it a beer, was it a hamburger? Maybe it was just a hug.

REZAIAN: You know, really, I think the first thing he asked for was some information. He feels like he's been starved of information for the last 18 months, having to live off of Iranian state TV and getting your news from there isn't where you want to be as a reporter. And he just wants to see what's going on in the world. I think he was surprised and shocked at the amount of attention that this was getting and he's only right now started to learn about all the hard work that went in to get him out and all the support that he's had from you and from your colleagues all around the world to help get him out.

SCIUTTO: Ali, let me just share CNN's thoughts with you. We're so happy for you and your family. Thanks so much for taking the time this morning.

REZAIAN: Hey, thanks for having me on, Jim. I really appreciate it.

PEREIRA: Jim, that was fantastic and I'm sure he didn't even have to ask for any hugs. I'm sure they were coming fast and furiously. What a terrific thing to hear that joy in their voices.

SCIUTTO: No question, and I'll tell you, Michaela, I've been in touch with the family for more than a year. It's been an ordeal for them. No question. Lots of stops and starts. Such relief for them in this moment.

PEREIRA: Over 500 days in captivity. Something to really pause and think about. Jim, thank you for that. An excellent conversation. Ahead here on NEW DAY, we're going to actually speak with the chief negotiator to get the freed Americans released, Secretary of State, John Kerry, will join us at 8:00.

JOHN BERMAN, CNN ANCHOR: All right. At least one other American, former CIA contractor, Robert Levinson is still believed to be inside Iran. What will new U.S. sanctions mean for his prospects for freedom?

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PEREIRA: Just moments ago here on NEW DAY, you heard from the brother of freed American journalist, Jason Rezaian. The high-stakes negotiation for prisoner release happening as international economic sanctions were lifted after Iran's compliance of the nuclear deal.

Joining us to discuss all of this is our chief international correspondent, Christiane Amanpour, who I know had a chance to hear that interview with Ali talking about his brother's release. Do you think anyone familiar with all that was going on would have anticipated this happening, Christiane?

CHRISTIANE AMANPOUR, CNN CHIEF INTERNTATIONAL CORRESPONDENT: In a way, yes, and in a way, no. If you're a family member, you hope beyond hope that your loved one will be released. But you don't want to put too much faith in dates and deadlines. And as you heard from Ali, he said that he was kept updated to an extent by the state department, but he didn't want to go into details, and I understand that. There's a lot of diplomacy that went on and you don't want to talk too much in public.

And one of the things that we've noticed, and I'm sure Ali has recognized that as well, you're never quite sure how much to say in public about your relative or whoever who is either hostage or is kidnapped. You're not so -- you're kind of worried if you say too much or if you say the wrong thing, then it might rebound and backfire on them where they are being held hostage. Others believe you have to keep it out there in the public because that also puts pressure on those to release. But clearly, Iran is a government, not so rabid militia, who had sort of non-governmental ideas about this.

So they're a government and they decided when the time was right and it coincided -- I don't think it's coincidental -- with the implementation day.

PEREIRA: But notably absent was one key person, Robert Levinson. Five Americans detained, he was not. Any indication of why he was not part of this swap?

AMANPOUR: You know, Robert Levinson has been asked about by the U.S. government and by many, many journalists each time they have conversations with the Iranians. His case goes back way, way, way before Jason Rezaian's and the others and can to be very honest, I don't want to prejudice his case or anything like that. The Iranians say they don't have him. The Americans believe they must know something. He was last seen in the island of Kish, which is off the mainland of Iran, it's in the Persian gulf. But it has to be noted that he was not a journalist, he was not an ordinary civilian. He had CIA/FBI ties in his background and it's unclear how much that may or may not played into wanted to him. And now that they're freed, I think it's interesting to note that while Jason Rezaian was a civilian who was a journalist, some of the others, you know, Amir Hekmati was a former marine. Saeed Abedini was a Christian preacher. And when those types of characteristics appear in a country in which you are in a cold war with, it makes your situation much more precarious. And I haven't said that until these people are freed, but I think it's part of what should be understood about what happened.

PEREIRA: Bigger picture for us, against the backdrop of the release of these prisoners, new sanctions levied against Iran, what is this current situation looking like to you?

AMANPOUR: Well I think you take it at face value and take it at the value of what the value of the president of United States has said. The president of Iran has said the foreign minister of Iran, the secretary of state of the U.S., and you'll hear, as you said, live from Secretary Kerry. This is a new chapter. Now how wide is the book? How deep is the book? We'll see. But this is a new chapter. I mean, never before since the Iranian revolution of 1979 have the U.S. and Iran been able to have this kind of direct talks, diplomacy that took a long, long time, that resulted in a deal that most people around the world believe is a net positive for all sides, for all sides. Iran has portrayed this as a win/win. It said and it was proven that ten years of sanctions did not cause it to surrender, did not cause it to cry uncle. However, diplomacy that was done in a win/win, bilateral, in fact multilateral way, produced a result that sanctions did not.

Now many will say that the pressure of sanctions is what brought them to the table and that's probably true. Plus the promise and the election of Hasan Rouhani in Iran. That was the game changer. The election of Hasan Rouhani in Iran in 2013. He was able then to take the hand that President Obama had outstretched in 2009, when he was first elected. But it wasn't President Obama alone. It wasn't U.S. diplomacy alone. Because, remember, all those horrible years of the bombastic confrontational Ahmadinejad, in which relations simply got worse and worse and worse. So this now was a meeting of a win-win situation, and it is true that the world is a safer place, that the inevitable momentum is positive. It's in a forward direction, rather than a negative direction, which it had been in the last ten years. So this is just a nuclear deal.

PEREIRA: Yes.

AMANPOUR: It's just a nuclear deal, but we've seen some side benefits with. The release of the prisoners. The release of those sailors in a very, very quick time. But we don't know whether this is going to lead to greater, let's say, a restoration of diplomatic ties, which, at present, hasn't happened. It's not like Cuba, where Cuba and the U.S. have restored diplomatic ties.

PEREIRA: A very different situation, to be sure. Thank you for the context. Again, some families feeling really, really great about having their loved ones heading home. Christiane, thank you so much for that.

Coming up here on NEW DAY we're going to speak with Secretary of State, John Kerry. That will happen in just a few minutes' time. Poppy --

POPPY HARLOW, CNN ANCHOR: Also straight ahead, a major twist this morning in the ongoing criminal sex assault proceedings against Bill Cosby. Could the entire criminal case be derailed by an e-mail written more than a decade ago? CNN exclusively obtaining this. You'll want to hear what it says, next.

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HARLOW: New developments this morning in the criminal sexual assault case against Bill Cosby. An e-mail obtained by CNN's Michael Smerconish shows a former district attorney claiming he agreed more than a decade ago not to use Cosby's 2005 civil deposition in any potential criminal case against Cosby. The huge question this morning, could this derail the entire criminal case that Cosby is facing right now? They're due in court in February. Let's talk about all of it.

Criminal defense attorney, Danny Cevallos is with me and also CNN political commentator and host of "SMERCONISH", Michael Smerconish. You obtained this e-mail exclusively -- let me read part of it. It says, and this is from the former DA, Bruce Castor -- "I can see no possibility that Cosby's deposition could be used in a state criminal case, because I would have to testify as to what happened, and the deposition would be subject to suppression." This is what the case rests on, isn't it, Michael, deposition?

MICHAEL SMERCONISH, CNN POLITICAL COMMENTATOR: It is and I think that to answer your question specifically, it does pose the threat of the criminal charges in Montgomery County, Pennsylvania. The only criminal charges that Bill Cosby is facing being thrown out. A week ago today, the Cosby lawyers filed a petition. They said, Bill Cosby had a deal; a deal that he would not be prosecuted for that which he said in his civil deposition. And the petition had this line. It said, Mr. Castor, the old district attorney, reminded the district attorney's office about that agreement in 2015. But the petition didn't say how Castor, the old D.A., reminded the then-current D.A. of the deal.

This e-mail's the answer. We now know that three months before the criminal charges were brought against Bill Cosby, the old D.A. in writing, and by hand delivery, said to the then-sitting D.A., hey, you can't do this. Don't you remember what went on in 2005? We cut a deal with Bill Cosby because we didn't think we could meet our burden in a criminal case beyond a reasonable doubt and we wanted to make it easier for the alleged victim, in this case, to recover in her civil suit. And therefore, we made a binding agreement with Bill Cosby, I, the D.A. says, bound the commonwealth that we would never use the deposition against him. And what it answers -- and I'm sure Danny will have thoughts on this, as well -- it answers the lingering question for attorneys all across the country, and mostly in Philadelphia, why did Bill Cosby testify so openly in his civil deposition? He had a great lawyer at his side and the answer is because he had no fear of criminal prosecution.

HARLOW: Right, because he thought he was protected. But when you look at this, the current D.A., Danny, went ahead anyway and brought these charges so the question now, Danny, is why would the previous D.A. make that deal, which Michael answered in part, saying you get what you can for the victim, but is it enforceable, Danny?

DANNY CEVALLOS, CNN LEGAL ANALYST: So this is -- the prosecution will argue that this is an open issue in Pennsylvania law, but I'm not so sure it is. Now admittedly, I am a defense attorney, so maybe I am bias. But when it comes to these agreements, non-prosecution agreements are enforceable. And Pennsylvania courts have further said that where a defendant relies to his detriment, that can be enforced against the prosecution. And that appears to be exactly what's happened in the case of Cosby. If he can demonstrate -- and I expect that at the upcoming hearing, there will be plenty of testimonial or other evidence demonstrating exactly that issue you just talked about with Michael -- when he spoke or when he gave testimony, that was in reliance on that promise of the district attorney to not prosecute.

And if that's the case, if there is a valid, binding, non-prosecution agreement, that is enforceable even if there is not a formal writing. It's enforceable against this D.A., the successor D.A., the D.A.'s office in general. It can be enforced and if it is a valid, binding agreement, it should be enforced.

HARLOW: And Michael, you expect that the former D.A. Bruce Castor will testify on February 2 in that hearing. What is it we expect him to say?

SMERCONISH: We expect him to come into court and, under oath, say exactly what he says in this e-mail. And here's the one line that I would point out. I intentionally and specifically bound the commonwealth that there would be no state prosecution of Cosby in order to remove his ability to claim his fifth amendment right. It would be one thing, Poppy, if the Cosby attorneys were saying, hey, we had a deal, and the other side of that transaction were not represented. In this case, you're going to have the D.A. at the time saying, yes, that's what I said.

HARLOW: Here's a question, Danny. He's only talking about Pennsylvania. Now, she doesn't live in Pennsylvania anymore. Is there any way to bring a case against him elsewhere, where they could use this deposition?

CEVALLOS: That is creative prosecuting. We'd have to know what evidence that deposition generated if it's even admissible, but as a general proposition, the commonwealth of Pennsylvania, any prosecutor in the commonwealth of Pennsylvania, can't bind a prosecutor in another state, or almost certainly, a federal prosecutor because that, too, is a separate sovereign. So, yes, a binding, non-prosecution agreement would likely only be binding within the commonwealth of Pennsylvania, but certainly against successor district attorneys offices, even if there is a new regime.

HARLOW: All right, we'll be watching. Thank you very much, Danny Cevallos. Michael, for breaking this story for us. We've got a lot of news to get to this hour. Let's get right to it.

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UNIDENTIFIED FEMALE: Three Americans on their way home after a successful prisoner swap.

UNIDENTIFIED MALE: It was the solitary confinement that he was in for parts of his detention that really were the toughest for him.

REZAIAN: I'm grateful for everything that the president's done, everything that the government's done to get Jason out.