Return to Transcripts main page

New Day

Maxwell Jury Asks for Transcripts; Obamacare Poised for Record Enrollments; Children Left Parentless by Covid; Covid Update from Around the World; No Pause for NBA Season. Aired 6:30-7a ET

Aired December 22, 2021 - 06:30   ET

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

[06:30:00]

PAUL CALLAN, CNN LEGAL ANALYST: Charges in this case against Maxwell. There are two perjury counts and I think those were rather easily proven by the prosecutor. So, those are counts that you can see the jury turning to in the end if they're hung on some of the other counts.

ERICA HILL, CNN ANCHOR: We will -- I will add that to my notes. I appreciate that, Counselor.

Also one of the things I found interesting, the jurors were asked if testimony of one of the alleged victims, Annie Farmer (ph), could be considered conspiracy to commit a crime with two of these counts, Joey. Put that in English for me.

JOEY JACKSON CNN LEGAL ANALYST: So, what happens is, first we have to define what conspiracy means. Remember that when you're conspiring, you're intending with another to engage in an illegal act.

What illegal act is that? The illegal act, of course, of transporting minors for purposes of gratification and sex, et cetera. And so what you have to conclude, if you're the jury, is that she did, that is Ms. Maxwell engaged in this intent with another to agree. And so that's the charge. And then you want to determine whether and how that charge can be proven. Is there evidence that was proffered to this jury b that particular witness, Ms. Farmer (ph), that would give us the indication that she knew or had some sense that there was this agreement between these two parties. And so that's very important.

And just one other quick point, and that's this, to Paul's excellent analysis. And when the -- when they looked at this, the jurors that is, they also asked for the FBI notes from 2007. That was significant because let's remember that there was an interview in particular of one of the accusers where there were, from a jury's point of view, they could say inconsistencies. Why? Because the defense happened to point that out. You were interviewed by the FBI in 2017. You didn't happen to mention any of these things you're telling the jury now. And so I think that also goes to their parsing of the specific testimony of these accusers and whether it moves the ball towards a conviction. Were their stories truthful? Were their memories accurate? Could they be relied upon to ultimately, you know, get the facts right from something that happened so long ago. HILL: Paul, as a former prosecutor, there's been a lot of talk about

how difficult this case is, frankly, for the prosecution. Do you agree with that?

CALLAN: Yes, I do. It's an extraordinarily difficult case. And it's difficult because you're talking about things that happened sometimes more than 20 years ago. And you're trying to recreate that for the jury and get them to -- to rely on it. Very, very tough for prosecutors to do that. They do it, of course, by calling an alleged victim and then trying to corroborate her testimony by testimony that, for instance, she told boyfriends that this had happened 20 years ago so that there is some corroboration of the claim.

But, you know, if you're sitting in a jury room trying to decide whether somebody's going to go to jail for 70 years, you want to be pretty certain about the reliability of the testimony. And that's what the jury is struggling with.

You know, the judge gave 80 pages of instructions to this jury. That's how complex this case is. So they're struggling with a lot of facts.

HILL: Paul Callan, Joey Jackson, appreciate you both. And if I don't see you, happy holidays.

CALLAN: Happy holidays to you, Erica.

JACKSON: Thanks, Erica. Be well.

HILL: Released just moments ago, Obamacare seeing record enrollment numbers. So why are some Republican still trying to throw up roadblocks?

JOHN BERMAN, CNN ANCHOR: And wherever you decide to go, whoever you decide to celebrate with, we will break down what you can do to keep you and your loved ones healthy this Christmas.

(COMMERCIAL BREAK)

[06:36:57]

BERMAN: This just in to CNN.

Another blockbuster year shaping up for Obamacare. The record number of Americans who enrolled in 2021 looks to carry over into next year.

CNN's Gabe Cohen in Washington with the details you are seeing first on CNN.

Gabe, what have you learned?

GABE COHEN, CNN CORRESPONDENT: Well, John, CNN is getting the first look at these ACA enrollment numbers. And they show a record number of people have now signed up for next year. And the deadline hasn't even hit yet. And experts say it reflects the massive federal investment that the federal government has made to drive down health care costs and to expand eligibility. (BEGIN VIDEOTAPE)

SARAH MORLEY, ENROLLED IN ACA HEALTH PLAN: I'm just waiting for January 1st.

COHEN (voice over): Sarah Morely spent two years without insurance, but she just enrolled in an Affordable Care Act health plan after getting an $8,000 hospital bill that she's paying out of pocket.

MORELY: It became a necessity.

COHEN (on camera): What did you think of the prices?

MORELY: I was really relieved and kind of shocked, actually.

COHEN (voice over): New numbers released Wednesday show ACA enrollment has hit an historic high for 2022 with 13.6 million Americans already signed up for coverage. And the deadline's not until January 15th. Since President Biden took office, 4.6 million people have gained health insurance.

COHEN (on camera): Why do you think we're seeing record enrollment?

MATTHEW FIEDLER, FELLOW, USC-BROOKINGS SCHAEFFER INITIATIVE FOR HEALTH POLICY: So a major factor is likely the expanded subsidies in the coronavirus relief package that Democrats passed earlier this year.

REP. NANCY PELOSI (D-CA): The motion is adopted.

COHEN (voice over): The American Rescue Plan pumped billions of dollars of subsidies into the ACA marketplace, lowering premiums for 90 percent of consumers and expanding access to an additional 3.6 million uninsured people, many of them middleclass. More than 2.8 million Americans signed up during a special enrollment period earlier this year.

FIEDLER: It's quite plausible that the subsidies could explain most or all of what we're seeing.

COHEN: The Biden administration also extended the current enrollment period and reinstated millions of dollars of funding that President Trump slashed for advertisements.

UNIDENTIFIED MALE: New law, lower prices, more people qualify.

COHEN: As well as navigators.

JODI RAY, FLORIDA DIRECTOR, COVERING KIDS AND FAMILIES: We've been busy.

COHEN: Jodi Ray's team connects uninsured people with coverage in Florida.

RAY: Probably one of the most contributing factors has got to be that we're in a pandemic. COHEN: A recent poll from the Kaiser Family Foundation shows public

support for Obamacare is at an all-time high. Fifty-eight percent from a favorable opinion, compared to 43 percent when President Trump was elected.

CYNTHIA COX, VP, KAISER FAMILY FOUNDATION: The long-term trend shows that the ACA has gained popularity over time.

COHEN: Today, some Republican state leaders are still throwing up road blocks, like restricting the work of navigators, even though several red states have high enrollment numbers. Florida leads the nation in ACA enrollment, but Jodi Ray says state and local health departments are actively keeping navigators out of buildings where people access government services.

RAY: Well, that's a lot of uninsured people that we could potentially provide assistance to that we cannot.

[06:40:01]

COHEN: I reached out to Florida's state health department several times but didn't hear back.

Roughly 27 million Americans are still uninsured, and 64 percent of them are eligible for coverage assistance. The Build Back Better bill would extend those subsidies and expansions from the American Rescue Plan through 2025. If the bill doesn't pass, those benefits could expire by the end of next year.

COX: Late (ph) in 2022, people are going to find out that their premium payments are going to double. And those announcements are going to go out right before the midterm elections.

(END VIDEOTAPE)

COHEN: And the president's staff also sent us a statement this morning really touting those enrollment numbers and calling Build Back Better the most consequential expansion of affordable health care since the Affordable Care Act. The president says in part, we will press forward on passing Build Back Better, work to cut health care costs and deliver great peace of mind to American families in the new year.

John.

BERMAN: In that area, when it comes to health care, is one area where Manchin and Biden are in pretty full agreement right now. But, still, we'll see what happens as that goes forward.

Gabe Cohen, breaking the news right here on NEW DAY. Thank you very much.

Act out of line and you will have to wait in line. That new message from the FAA for unruly passengers.

HILL: And, up next, 810,000 American lives have now been lost to Covid. Many of them parents. A number of them single parents. Just ahead, we'll speak with one of the 167,000 children now orphaned by Covid.

(COMMERCIAL BREAK)

[06:45:20]

HILL: The death toll in this country from coronavirus tops 810,000. Many of those lives lost were parents. A number of them unvaccinated. And as a result, roughly 167,000 children are now orphans.

CNN has partnered with "People" magazine to bring you the heartbreaking stories of just how some of those left behind, many of them just teenagers themselves, are now stepping into the role as parents for the younger siblings.

Joining me now, Avion Simon. He was orphaned after his mom died of Covid in September, and Janine Sutter, who is now raising her sister's four children after both of their parents died of Covid within weeks of each other.

It's good to have both of you with us this morning. As I said to you both, we chatted briefly in the break, it's never easy to talk about this, especially when it's so new and so raw, but it's so important to keep the memories alive. So we appreciate you joining us this morning.

Avion, your mom died of Covid just three months ago. I know you actually lost your dad a couple of years ago from liver failure. So now, here you are, you're 18 years old, you're helping your grandmother taking care of your younger siblings, all while managing a pretty busy school schedule. You're a star football player. You're working part-time. How are you doing? How are you holding up juggling all of that?

AVION SIMON, ORPHANED AFTER MOM DIED OF COVID-19: I'm good. I mean it was just a lot at the time. I mean things have cooled down, but it's just not the same anymore.

HILL: Yes. Your mom, I know, was -- was not vaccinated. To see her in the hospital, you needed to be vaccinated. So you got your second shot the day before she died. It's so important that you had that moment with your mom. Did you realize then that may be the last time you two were together?

SIMON: Yes. I kind of realized that was probably the last day I would get to see her.

HILL: How hard was that for you?

SIMON: It was -- it was hard knowing that like this could be the last time I see my mom and how the condition -- and what condition she was in. It was kind of hard that day. It was -- it was probably one of the hardest days of my life.

HILL: Yes, I would imagine. And I'm sure at the time, too, hard for you, and yet you're trying to be strong for your younger siblings in that moment.

SIMON: Yes.

HILL: Yes.

As you said, you had -- you had to get your -- you got your second shot just before you saw your mom on that day. Your mom had some concerns about being vaccinated.

When you look back on that, were there conversations that you had with your mom about vaccines?

SIMON: She was -- she was just really -- she really didn't want to get it. I'm not really sure why. But I know I had to get it to go see her, and so that's what I did.

HILL: Are you glad that you ended up getting those shots?

SIMON: Yes. Yes.

HILL: Janine, your sister, Misty, her husband Kevin, died within just two weeks of each other. They have four children who they left behind who are now in your care, Riley (ph), Leigha (ph), 11-year-old twins Aden (ph) and Taylor (ph). For all of you, this was a lot, and it happened really, really quickly. You were an empty nester and now you've got four teens and tweens again.

JANINE SUTTER, RAISING HER SISTER'S FOUR CHILDREN: Right.

HILL: How are all of you holding up?

SUTTER: We're getting there. My mother came to stay for a while, so we had a very, very full house. But another adult to talk to them or help care for them for a while. They -- they're holding up really well. Obviously, they, you know, miss their parents terribly. I get at least one text a day from one of them saying, you know, I miss my mom or, you know, I miss mom and dad. So, I mean, you know, it's still -- it's still raw.

But -- but we're -- we're -- we're moving along. We're getting there. I think the holidays might be a little rough. Yesterday was one of the kid's birthdays. So we're starting to go through birthdays without parents. Now Christmas without parents. So, you know, it's going to be a little rough, I think, the first year. But -- but they're -- they're getting there. They're settling in and -- and they're, you know, they're in school. They're starting to form new friendships here.

HILL: One day at a time, right?

SUTTER: Right.

HILL: We know kids are resilient. But, as you point out, it's a lot.

I know Misty was diabetic. So some underlying conditions there. Misty and Kevin were not vaccinated.

SUTTER: Correct.

HILL: Had you guys ever discussed that?

SUTTER: I mentioned it to her, to Misty, but we didn't really have any deep conversations. I understand from Kevin's family that, you know, he just had seen so much misinformation, other types of information online that he just, you know, didn't think it was a good idea to get it.

[06:50:09]

So -- and he was super healthy. I mean he was not -- there was no underlying condition. There was -- you know, it -- it was -- he was one of the people you would think, oh, they'll get it, they'll be OK, which just proves that, you know, anybody could pass from this.

HILL: Kevin's brother Mike told people actually he had pleaded with his brother to get vaccinated before he got sick. He was skeptical, as you mentioned. But then when he was in the hospital, he actually asked for the shot.

SUTTER: Yes. Right.

HILL: What's it like when you hear that?

SUTTER: I was -- I guess I was a little dumbfounded then that, really, now? Now is the time you, you know, you think about getting the shot? I mean I'm -- I'm glad there was a turnaround to it, but it just -- it seemed, you know, a little -- too little too late, I guess. And -- and I guess we all have those moments in our life. But -- but it was kind of heartbreaking that at the last minute he wanted to, you know, to live. You know, he had four kids. Five -- he had five kids. So, yes.

HILL: You know, speaking out now, you know, you're talking to us for a reason because you want us to obviously know about your sister and your brother-in-law. But you're also hoping that, you know, maybe hearing their story could inspire some other folks. What is it specifically that you hope people take from your family's story, Janine?

SUTTER: People -- when it went on Facebook that they -- that they passed, people were -- a lot of people were wonderful. They were very compassionate. They were very nice. But there was a -- there was a lot of people who were just vile and hateful. Just saying terrible things. And the kids are reading this. And other people are reading this. And, you know, things like, well, they deserved it. And, you know, I mean just -- you know, some horrible things. And I think we all need to take a moment to be more caring and compassionate to each other.

And if Covid has taught us nothing else, it's that all of us can be -- have been affected by this and maybe it's time to reach out and be a little nicer and more compassionate towards people and stop with the -- the hateful words all the time on the Internet. It's just -- it's gotten to a point where it's just -- you know, people are getting off social media, people have stopped tuning in to things. It's just -- it's, you know, people just need to be nicer.

HILL: Yes. I will -- I will wholeheartedly second that. Grace, kindness goes a long way.

Avion, I was -- I mentioned you are a football player. Star left tackle, as I understand for the high school. And I know you have a really important tradition that you had started this year before each game. It's a really beautiful tribute. Do you -- do you mind sharing that with us?

SIMON: Yes, I would -- I would write -- I would R.I.P. Mom and R.I.P. Dad on each -- on both sides of my arms and before every snap and ever play I would look at my arms and just play harder -- play harder for them.

HILL: I know you said your mom was really strong and really tough. Can you feel her looking out for you?

SIMON: Yes. Once I -- once I look at my arm, that's when I remember -- I know my mom's there watching over me.

HILL: Avion Simon, Janine Sutter, thank you both for being here this morning.

Happy holidays. I know it's a tough one. But we really appreciate it. Thank you.

SUTTER: Thank you.

HILL: You can read more about these stories and others in the new issue of "People." It's on newsstands nationwide right now.

The U.K. is reducing its Covid-19 isolation period from 10 to seven days. So, could the U.S. soon follow suit?

BERMAN: And the NBA commissioner saying we're going to have to learn to live with Covid. Why he is determined to keep the season on track.

(COMMERCIAL BREAK)

[06:56:13]

BERMAN: So a really big development that bears watching here in the United States. The United Kingdom is cutting its coronavirus isolation period from 10 to seven days amid record levels of cases caused by the omicron variant. The rule change may help thousands of people see their families in time for Christmas.

CNN has reporters covering the pandemic all around the world.

(BEGIN VIDEOTAPE)

NADA BASHIR, CNN REPORTER: I'm Nada Bashir in London, and here in the U.K., Prime Minister Boris Johnson has said that people can go ahead with their Christmas plans, but has stressed that the situation remains finely balanced, urging for people to take caution and adhere to the current guidance in place.

This comes as the U.K. continues to see rising cases. On Tuesday, more than 90,000 new cases confirmed. And of those, more than 15,000 confirmed to be the omicron variant. And while some health experts have called for tougher restrictions to be brought into force, the prime minister has said there isn't enough evidence at this stage to support that.

BARBIE NADEAU, CNN CONTRIBUTOR: I'm Barbie Nadeau in Rome, where here in Europe we're seeing a number of new restrictions in countries that are seeing a vast increase in the number of positive cases. Now, we don't know if all of these are being driven by the omicron variant or if it's still the delta variant because not every country is sequencing the positive tests.

But we're seeing the threat of lockdowns in places like Germany and Portugal after the holidays. And here in Italy, as of tomorrow, people will not just wear face masks indoors, they'll be required to wear them outdoors as well.

SELINA WANG, CNN INTERNATIONAL CORRESPONDENT: I'm Selina Wang in Tokyo.

China is pushing ahead with the winter Olympics amid the threat of omicron. So far, the country has reported several omicron cases. With the games less than 50 days away, China is doubling down on its zero Covid strategy. Cities are locking down and mass testing residents in response to just a handful of new cases.

Olympic participants will be in a strict bubble and tested daily. If they are not vaccinated, they'll have to quarantine for 21 days in Beijing. If China pulls off the games successfully, it would be a propaganda win for its handling of Covid-19 and for its authoritarian system.

(END VIDEOTAPE)

HILL: Our thanks to all our reporters around the globe.

NBA Commissioner Adam Silver says he has no plans to pause the season, even as we're watching this current Covid surge.

Andy Scholes has this morning's "Bleacher Report."

Sticking with it.

ANDY SCHOLES, CNN SPORTS CORRESPONDENT: Good morning. Yes, good morning, Erica.

So, Commissioner Adam Silver says, you know, 97 percent of NBA players are vaccinated with about 65 percent of them also receiving their booster shot. And in an interview with ESPN Silver said he doesn't see a reason why the NBA should pause their season.

(BEGIN VIDEO CLIP)

ADAM SILVER, NBA COMMISSIONER: We've, of course, looked at all the options. But, frankly, we're having trouble coming up with what the logic would be behind pausing right now. As we look through these cases, literally ripping through the country right now, this virus will not be eradicated and we're going to have to learn to live with it.

(END VIDEO CLIP)

SCHOLES: Now, the NFL has moved to a model of mainly testing vaccinated individuals only if they show symptoms. And Silver said that is something the NBA is looking at, but they are not ready to make that change yet.

Now, the NHL and its players association, meanwhile, have reportedly agreed to pull out of the upcoming winter Olympics in Beijing. The NHL had originally planned on allowing players to go to the Olympics as part of the new collective bargaining agreement signed during the summer of 2020, but they put a provision in there that they could pull the players if the NHL season was materially impacted by Covid. So far 50 games have been postponed.

The NHL was going to take a break from February 6th to 22nd for the Olympics, but they're now likely going to use that time to make up games that have been postponed due to Covid.

NHL players have not played in an Olympic games since the Sochi games in 2014.

[07:00:02]