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Judge Rejects Fox's Request To Dismiss Dominion Lawsuit; Judge Refusing To Quit After Blaming Racist Slurs On Sedative; Wingsuit Daredevil Flies In And Out Of Active Volcano. Aired 7:30-8a ET
Aired December 17, 2021 - 07:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[07:30:00]
S.E. CUPP, CNN POLITICAL COMMENTATOR: Consent and of a physician's prescription, which lets me know there are some risks involved. And the idea that you could have an abortion without being seen by a physician --
JOHN BERMAN, CNN ANCHOR: In-person.
CUPP: In-person. You can do telemedicine, which we're all doing now -- I get it. Well, that makes me very uncomfortable because I'm pro- life. Again, I'm also concerned about the health of women. And so, I'm just a little uneasy with that part.
MARA SCHIAVOCAMPO, JOURNALIST, HOST, "RUN TELL THIS" PODCAST: Well, I think what's interesting is that Texas has shown that a state can do an end-run around the courts and the Constitution. And this is the federal government saying hold up, not so fast. Because we control prescribed drugs and you can do a -- perform a medical abortion with a prescription drug.
CUPP: If it's legal.
SCHIAVOCAMPO: If it's legal.
So -- but here's what I think this is going to set up is a ton of legal challenges because you already have states who are saying no, we're going to ban the mailing of these drugs. But how can they enforce that? How can states tell someone in another state that they can't mail something that is federally approved?
In Texas, for example, you can't sue the woman who is receiving the abortion but you can sue anybody who is associated with aiding her. Does that mean you can sue the mail carrier for delivering these drugs?
I think we are going to have a ton of legal challenges. This is going to be tied up in knots in court for a very long time.
BERMAN: Mara, S.E., great to see you.
CUPP: You, too.
SCHIAVOCAMPO: Thank you.
BERMAN: Overnight, a legal setback for Fox News, being sued for spreading false claims of election fraud. What's going to happen? Are these Fox entertainers going to be forced to testify?
KAITLAN COLLINS, CNN ANCHOR: And a conservative radio host has been accused by employees of telling them to, quote, "pray COVID away" and calling them weak for working from home. We have details on that ahead.
(COMMERCIAL BREAK)
[07:36:00]
BERMAN: A major legal blow to Fox News. A Delaware judge refused to dismiss a defamation lawsuit from Dominion Voting Systems that says Fox may have knowingly slanted its coverage to push false claims of election fraud. This also sets up the potential for top Fox personalities to have to testify under oath in the case.
Here with us, CNN chief media correspondent and anchor of "RELIABLE SOURCES," Brian Stelter. And anchor of "EARLY START" and attorney-at- law, Laura Jarrett.
Brian, this is a -- this is a serious lawsuit.
BRIAN STELTER, CNN CHIEF MEDIA CORRESPONDENT, ANCHOR, "RELIABLE SOURCES": Yes, and now that you can see they are moving forward. Dominion has won this key victory.
This is a situation where Fox will settle and pay many, many, many, many millions of dollars to make this go away, or they will go forward and actually let depositions happen and have executives be deposed and hosts be deposed, and emails be turned over. And there could be some very embarrassing information in these emails and these correspondence from November-December of last year.
Fox was touting the big lie, fueling the fire that led to the riot. We know that and this lawsuit may expose even more of that. But again, that's only if Fox decides not to settle at this point or if Dominion is not willing to settle. That's the other factor here.
COLLINS: Yes.
STELTER: Dominion may not want to settle. Dominion Voting Systems wants to regain its reputation. It may not be willing to settle. It may fight this all the way to court.
COLLINS: And they have had a lot of court cases. This is not just their only one because they're really frustrated. They say it hurt their company the way that -- what was said about them.
STELTER: Right.
COLLINS: And they also said -- I thought something was interesting -- that the judge took into consideration that Dominion went to Fox and said this is why the information that you have is wrong. Here is proof that it's not true. And they're saying that is what factored into it. That they did reach out to them and try to say hey, here's why this is wrong.
LAURA JARRETT, CNN ANCHOR, "EARLY START": They went to the highest levels of Fox executives to say here's a fact sheet of all the things you've gotten wrong. Here's the DOJ --
STELTER: Right.
JARRETT: -- pointing out all the ways you're wrong and the contrary evidence. And yet, you still went ahead and put on lie after lie week after week, which is what goes into the -- what they call actual malice standard, which is what Dominion has to prove here. It's actually a high bar for them to say you actually knowingly put on lies. Not just that you sort of washed over it; you knowingly put on lies. You knowingly hoodwinked your viewers with all of this crap. And, I mean, the judge just saw right through it.
STELTER: And this is what we're seeing more and more in the last few years. These disputes are being handled now in court.
Alex Jones dragged into court --
JARRETT: Yes.
STELTER: -- held accountable for his Sandy Hook lies.
Now, Fox, Newsmax, OAN being dragged into the court system, being held accountable. It's really interesting to see.
And this on top of Fox's maybe worst week in years. Chris Wallace leaving because he'd had enough. Those text messages by Fox News stars showing their rank hypocrisy on January sixth. And now you have this court loss for Fox. It is one damning bit of news after another showing that there is, at some point, a reality up against these lies.
BERMAN: And just --
JARRETT: But imagine if those were the texts on January sixth what else do you think is out there? I mean, if Dominion -- if Dominion gets what they want it's not just text messages. They're going to get emails. They're going to get all kinds of internal back-and-forth.
And if they're lucky, which is what they want, they're going to get depositions with some of the key players here. They're going to be able to get depositions with the likes of Sean Hannity and Laura Ingraham, and they're going to be able to question them under oath about what they wrote.
BERMAN: And the significance of this ruling, Laura -- this is the stage where most companies try to stop these cases.
JARRETT: Yes.
BERMAN: Like, Fox has already lost what is usually the biggest, best hope --
JARRETT: Yes.
BERMAN: -- to squelch these.
JARRETT: You want to -- you want to get this squelched on a motion to dismiss because all Dominion has to do is say here are the facts and they just have to make sort of a bare-bones showing. And the court said that they did that.
But the court -- I mean, it's a -- it's a long opinion and he ticked through -- the judge ticked through all of the possible defenses that Fox could try to mount. And the judge is saying that all might work down the line but for right now, all of that is sort of beside the point. And they've made a clear enough showing just on the facts of it -- that they have a clear case here to move forward to discovery.
[07:40:00]
COLLINS: Well, and while we wait to see what Fox is going to do next, I do, Brian, wonder what your take is on Harvard now says they're not going to require the ACT or SAT scores for the next four years. This is a policy that they had adopted during the pandemic. Now they're extending it even further.
And do you think this is something we're going to see not just from Harvard but other schools adopt as well?
STELTER: We are seeing this overdue reckoning about testing and we are seeing it at elite colleges. But this pandemic -- we're at this moment where everything seems to be on the table. Maybe that's a good thing. But I bet you have a take. Aren't you a -- aren't you a Cambridge alum?
COLLINS: Oh, God.
JARRETT: All I would say, as someone who --
STELTER: I'll say it so you don't have to drop it.
JARRETT: -- is not a big fan of standardized testing, I think this is a good thing. And anything that works towards more equity I think is something to be applauded.
BERMAN: There are a lot of people online -- conservative tweeters. I happen to read Twitter every once in a while and they were like oh my God, Harvard's going to lower the standards. First of all, they hate on Harvard nonstop anyway -- elite northeastern liberal institutions -- and they claim they would never go there. But now they're very concerned that Harvard is somehow going to lower its standards --
STELTER: Right.
BERMAN: -- because of a lack of standardized testing.
I think they're going to be OK. JARRETT: A lot of schools have already done this for years now and they --
BERMAN: Yes.
JARRETT: -- somehow manage to still exist.
BERMAN: Yes. We'll be OK.
Laura, Brian, thank you very much.
By the way, my sister, who went to Amherst, is like seething at the notion that Brian just accused you of going to Harvard, Laura.
STELTER: I said it so she didn't have to say it.
BERMAN: Yes.
COLLINS: A humble brag --
STELTER: Yes.
COLLINS: -- done on behalf of your colleague.
BERMAN: Don't miss Brian's show, Sunday, 11:00, or Laura's show every day at 5:00 a.m.
All right. A Louisiana judge under fire this morning after a home video with racist language surfaces. We're going to ask her lawyer why she blamed it on taking a sedative.
COLLINS: And it's a bird, it's a plane. Nope -- it's a man in a wingsuit. The stunning video of something that has never been done before -- certainly, not by John Berman or myself.
(COMMERCIAL BREAK)
[07:46:10]
COLLINS: A Louisiana judge is blaming sedatives for the onslaught of racist slurs used in a video at her home that recently surfaced. Judge Michelle Odinet says she is sorry and taking an unpaid leave of absence, but insists that she's not quitting the bench.
CNN's Ryan Young joins us now. So, Ryan, what else is her attorney, and what is she saying right now?
RYAN YOUNG, CNN NATIONAL CORRESPONDENT: When you think about this Kaitlan, this video has gone viral. A lot of people are asking questions about what was going on inside this home. And I've got to tell you we bleeped a lot of this audio but some people may find the language they're about to hear pretty offensive.
(BEGIN VIDEOTAPE)
YOUNG (voice-over): A home video showing outdoor surveillance footage of an altercation with a burglary suspect.
JUDGE MICHELLE ODINET, LAFAYETTE CITY COURT: They were like pull up, pull up (ph).
YOUNG (voice-over): We can't see their faces but the people are watching and are heard commenting on the video, at times using racist language.
ODINET: And mom's yelling n***er.
YOUNG (voice-over): The people who are watching the video are heard using the n-word over and over and sometimes laughing, at one point saying the suspect was like a roach.
ODINET: We have a n***er. It's a n***er, like a roach.
YOUNG (voice-over): It all took place at the home of Lafayette City Court Judge Michelle Odinet. It is unknown who recorded the video from the inside of the home or who is speaking and how it became public.
Now, Odinet is facing calls for her resignation.
GARY CHAMBERS, COMMUNITY ACTIVIST: I was disgusted.
YOUNG (voice-over): Local advocate and activist Gary Chambers is among those calling for the judge to step down.
CHAMBERS: This judge, in the privacy of her home, uses the n-word and refers to people as roaches -- that's what she views certain people who come into her courtroom as, and therefore, she cannot dispense justice equitably.
YOUNG (voice-over): Lafayette police say early Saturday morning two vehicles parked on the home's driveway were broken into. The suspect tried fleeing but was caught and held down until officers arrived on the scene.
UNIDENTIFIED MALE: And I'm the one that took him down.
YOUNG (voice-over): Soon after the video became public, Judge Odinet issued a statement to affiliate KATC, saying in part, "I was given a sedative at the time of the video. I have zero recollection of the video and the disturbing language used during it. Anyone who knows me and my husband knows this is contrary to the way we live our lives. I am deeply sorry and ask for your forgiveness and understanding."
CHAMBERS: I don't know any medicine that makes you call somebody an n-word.
YOUNG (voice-over): Odinet's lawyer telling local media she is now taking unpaid leave.
EDWARD JAMES, CHAIRMAN, LOUISIANA STATE LEGISLATIVE BLACK CAUCUS: I know that there are so many people that have said oh, she was in her private capacity. That matters not to me because a black robe does not hide what's obviously in her heart. And we all know -- the entire country knows what she thinks about African-Americans at this point.
YOUNG (voice-over): The chairman of the Louisiana Legislative Black Caucus is calling for Odinet's immediate removal. And the local NAACP chapter issued a statement saying, in part, "We call now for her immediate and uncompromising resignation. We demand swift and immediate act by the Judiciary Committee of the Louisiana Supreme Court, removing her from office."
JAMES: We have requested from the Louisiana Judiciary Commission to place an ad hoc judge there. There is precedent. They have done it before when other racist judges have made comments. You know, I respect the due process and I will allow for the Judiciary Commission to make their investigation and their findings. But if they don't, I'll be bringing them to the table here at the Legislature because they have to come and answer to us anyway.
(END VIDEOTAPE)
YOUNG: Yes, Kaitlan, just last night the governor actually weighed in as well and thought that she would need to step down after these statements were made in public.
So, a lot of questions about how to move forward -- what happens next. But people in this community are upset about the language they heard on that video -- Kaitlan.
COLLINS: Understandably so. Ryan Young, thank you.
BERMAN: Joining us now is the lawyer for Judge Michelle Odinet, Dane Ciolino. Counselor, thank you so much for being with us.
The judge has taken a leave but not resigned. Why not?
DANE CIOLINO, ATTORNEY FOR JUDGE MICHELLE ODINET (via Webex by Cisco): Well, that's certainly -- she's heard the calls from the governor and from the community and resignation is certainly at the top of her list of considerations.
[07:50:07]
We spent yesterday getting her removed from the bench on an interim basis. I worked with the Judiciary Commission to file at 3:30 in the afternoon a petition -- a joint consent petition to have her removed on an interim basis, and it was granted by the chief justice within hours.
So, we got that done yesterday. That was at the top of the list. An ad hoc judge has been appointed to take her docket. She's going to make longer-term decisions over the weeks to come.
BERMAN: So, the city marshal of Lafayette said, quote, "I'm sure that people of color will find it impossible to trust that they will be treated fairly and equally when they have to stand for judgment before Judge Odinet."
You're a lawyer. I mean, how would you feel bringing a client who is a person of color before Judge Odinet, given what she said?
CIOLINO: Yes, absolutely, that's a valid concern and that's the reason why as of 6:00 last night she was no longer a judge in City Court. She is on unpaid interim suspension, essentially, and a new judge is going to handle those matters. So, those concerns are valid and she understands that, and that's why she stepped aside.
BERMAN: In this issue of the sedatives, pointing out that she was on sedatives now. I mean, what's your view? The sedatives make one say things or do they reveal one's feelings?
CIOLINO: Yes. You know, that was a reflex of denial. People are hardwired to deny things. But it didn't take her long to own up to what she said. And the sedative was no excuse and she's not suggesting that anymore. It certainly did come out of her mouth that the sedative was -- she did have a sedative but that's no excuse.
BERMAN: Well, counselor, it sounds like what you're saying is this may not be done yet. And you certainly are hearing and may even agree with a lot of the concerns in the community, correct?
CIOLINO: Yes, and she does. And she realizes that she can't just utter a magic word "sorry" and everything is made right. Community forgiveness and personal redemption is something that can come only through her future deeds and actions, and it's going to take time -- a lot of time. So --
BERMAN: But you -- yes. You acknowledge, though, even with all that it may not mean a return to the bench, correct?
CIOLINO: It may not.
BERMAN: All right, Counselor James Ciolino. Thank you so much for being with us.
CIOLINO: Thank you.
BERMAN: The father of a Parkland shooting victim has been pleading with a meeting with the president and yesterday he did get one step closer. We will speak with him.
COLLINS: And minutes before the opening curtain, with the audience already sitting in their seats, a Broadway production was called off due to COVID.
(COMMERCIAL BREAK)
[07:57:00]
BERMAN: Going where no human has gone before. Former Chilean air force pilot turned skydiver Sebastian Alvarez -- he dove into the crater of one of Chile's most active and dangerous volcanoes.
I guess he achieved speeds of 176 miles per hour. It's not the speed that gets me so much as the diving into the volcano part that I think is a little bit suspect. The volcano is named the Devil's House. All he was wearing was this wingsuit.
(BEGIN VIDEO CLIP)
SEBASTIAN ALVAREZ, DOVE INTO ACTIVE VOLCANO IN WINGSUIT: But let's talk seriously -- this is a volcano and it's active. And if I fail, you know the results. And if the volcano doesn't want me there, he'll do whatever he wants, you know? So, I was. I asked for permission and then I went there and said thank you.
(END VIDEO CLIP)
BERMAN: So, I have to be honest with you. I didn't know a lot about this story and I had to ask our producers. I'm like, I'm sorry, he dove into the volcano and then what happened? Because, you know, that could end a different way.
But apparently on the wingsuit -- after he was inside of it, he turned. He veered out and then landed somehow safely on the land somewhere.
COLLINS: I love that he said he asked the volcano for permission first before he did as much. I just -- I don't -- I don't ever see myself going into anything nicknamed the Devil's House.
BERMAN: How does a volcano respond to a question like that? Have you ever heard? I mean, do they -- does a volcano have a deep voice?
COLLINS: I mean, it's nicknamed the Devil's House. It probably had no response at all.
BERMAN: It would be really funny if the devil had like a really squeaky -- I'm sorry -- if the volcano had a really squeaky voice. Counterintuitive, really.
COLLINS: And the devil.
BERMAN: That, too.
NEW DAY continues right now.
Good morning to our viewers here in the United States and all around the world. It is Friday, December 17th. I'm John Berman with chief White House correspondent Kaitlan Collins. It's Friday but I've got to say, what a week.
COLLINS: We have a lot going on, too, especially. It's Friday -- you think things are slowing down for the holidays -- nope.
BERMAN: No. Big changes, big developments in this pandemic this morning. What really does feel like the most complicated moment we've seen -- the most complicated. Not the deadliest, not the worst, but the most nuanced, I think, the most confusing, and the most challenging for policymakers.
We're seeing huge increases in the number of coronavirus cases. Cases going way up, and that is causing major reactions. A new group of colleges and universities have shifted their classes
online. Broadway canceled performances -- one. What was it, "Moulin Rouge?"
COLLINS: It was minutes.
BERMAN: Yes. They were seated in the audience there just before the opening curtain and everyone was told to go home.
In pro sports, the leagues have postponed multiple games. The NBA and NFL have updated their COVID protocols for the holiday season. On the one hand, they have some new restrictions and requirements in place. On the other hand, they're trying to figure out a way to speed up the time that asymptomatic players who do test positive can get back on the field or court.
Companies are now cracking down on the unvaccinated. And this is a big move. New Orleans -- the public school system just became the first in the nation to mandate vaccines for children five and up.
COLLINS: That's huge.
