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Ethics Committee Report Finds Evidence Gaetz Paid 17-Year-Old for Sex; Former President Bill Clinton in the Hospital; Mangione Pleads Not Guilty to New York State and Murder Charges. Biden Commutes Most Federal Death Row Sentences To Life In Prison; Sources: Suspect In Deadly NYC Subway Train Attack Expected To Be Charged With Murder In The First Degree. Aired 6-7p ET

Aired December 23, 2024 - 18:00   ET

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

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[18:00:00]

WOLF BLITZER, CNN ANCHOR: Happening now, the bombshell evidence against Matt Gaetz as the House Ethics Committee releases texts and other corroboration of the investigation of the former Republican congressman detailing a money trail of drugs and sex and an allegation of possible statutory rape.

Also tonight, the accused killer of UnitedHealthcare's CEO appears in court in New York pleading not guilty to state terror and murder charges, Luigi Mangione's lawyer defending her client by arguing that he's a political pawn.

Plus, we'll get an update on the breaking news this hour. The former President Bill Clinton has been hospitalized. We'll have the very latest on his health, as doctors are keeping a close watch on him tonight.

Welcome to our viewers here in the United States and around the world. I'm Wolf Blitzer. You're in The Situation Room.

Let's get right to the House Ethics Committee report on Matt Gaetz. We're learning more and more about the sex and drug allegations against the former Republican congressman who was forced to bow out as President-elect Trump's choice for us attorney general.

CNN's Katelyn Polantz has been studying the report and the supporting evidence that was released just a little while ago. Katelyn, give us the latest details.

KATELYN POLANTZ, CNN SENIOR CRIME AND JUSTICE CORRESPONDENT: Wolf, the House has released this report, they've also released evidence that they gathered for it. And they spoke to half a dozen witnesses who they say were able to put together the story. And they also looked at text messages. They traced payments, the story of Matt Gaetz for more than 20 times paying tens of thousands of dollars toward women, either for sex or for drugs. And they're saying in those findings that it shows Matt Gaetz was engaged in commercial sex, so paying women in exchange for sex, at one point paying a 17-year-old for sex, having sex with her at a party in 2017 in July of that year twice, and giving her $400 in cash, the committee says they believe that could be statutory rape in the state of Florida, and then also taking illicit drugs.

And, Wolf, these are allegations that have hung over Matt Gaetz for quite some time. He was investigated by the Justice Department, and he was never charged. The committee also points out they do not believe he violated federal sex trafficking charges.

And while Gaetz is denying all of these allegations against him, the committee has assembled the text messages, the payment ledger, 11 pages long. And one of the text messages I want to highlight is the sort of thing that shows women were having a general expectation of sex. That's one of the ways the committee describes it. In this text message, one woman writes, Matt never paid me. How much did he pay you? Another says he gave me $400. And then the other woman says, hopefully, he remembers. I don't want to have to ask. The response, don't ask, just say it to him on Friday.

Wolf, all of this is coming together after Gaetz leaves Congress. There was some internal dissent from the committee chairman about releasing this report. But even though the committee chairman says this report should not have been released when it was today, he doesn't take any issue with the findings of the House Ethics Committee.

BLITZER: All right. Katelyn Polantz reporting for us, thanks very much.

We're joined by our legal and political experts right now. Let me start with Scott Jennings. Scott, Matt Gaetz is a MAGA firebrand, as we all know, a close adviser, at least he was, of Trump's. So, this report lays out a lot of evidence of him paying women thousands and thousands of dollars for sex, including to a 17-year-old girl. Is that the MAGA brand?

SCOTT JENNINGS, CNN SENIOR POLITICAL COMMENTATOR: No, I don't think so. It's certainly not the Republican brand. And as you noted in the report, he's not going to be in the president's cabinet. He's no longer in Congress. And so I don't particularly feel the need to be interested in it or defend it, to be candid with you. He's got to either deny or deal with whatever the fallout from this is.

But, you know, I'm somebody who's interested in people in the Republican Party who are actually in office and actually moving forward to run the country right now, and he's not one of them.

BLITZER: Meghan Hays, what concerns does this report raise for you?

MEGHAN HAYS, FORMER DIRECTOR OF MESSAGE PLANNING, BIDEN WHITE HOUSE: Look, I agree with Scott here. He's no longer in office. This is really a nothing. I think that where the concern comes in is if he wants to run for office again, like he floated yesterday, running for governor in Florida or running for Senate in Florida. That is concerning to me. I don't think these are people we should have holding higher office. So, I think that, you know, that's one of those things that is concerning to me.

But I think that in terms of it being out, this is gross, these are despicable allegations and he should be held accountable as much as he can be.

[18:05:01]

But I think it's when he runs for office again is where it's concerning to the public.

BLITZER: Alyse Adamson is with us. And, Alyse, you're a former federal prosecutor. Given all of this evidence that was released today, why didn't the U.S. Justice Department pursue actual charges against him? And does this report possibly reopen Gaetz to prosecution right now?

ALYSE ADAMSON, FORMER FEDERAL PROSECUTOR: Those are all really good questions, Wolf. I think the first thing people need to understand is that one of the most serious allegations in this report was the statutory rape allegation, the sex with a 17-year-old girl. That is a state law charge. That is not something that would have been wrapped up in that federal investigation if it was separate from the sex trafficking and the statute of limitations has now run on that.

With respect to the potential federal charges, that would have to be trafficking, that means that Matt Gaetz would have had to bring these people, these women over state lines for sex. And it seems from the report that that was hard to establish, especially with respect to the minor. And then the other acts of the sexual contact for money, that was all consensual.

And so the federal government only tries cases where people have been taken over state lines for coercion, fraud, duress. There's some kind of abusive element that is simply missing from these allegations where it is all consensual.

There's another lesser charged older statute called the Mann Act, which could sweep some of that conduct in. But, again, prosecutors do not use that tool anymore when it is just consensual prosecution of prostitution. Those cases are usually handled at the state level.

So, I have not read anything in this report that I think would invite further federal investigations. And then, again, a lot of the state charges, the statute of limitations have already run.

BLITZER: Interesting. Scott, how does it reflect on President-elect Trump that Gaetz was his first choice to become the attorney general of the United States, the top law enforcement officer in the nation?

JENNINGS: Well, it was a rough eight days because this stuff had been laying out there and, obviously, you know, they didn't think through the vetting that was going to go on for this kind of appointment. I mean, let's be honest, that's why it only lasted for eight days, that and the fact that he had a number of enemies up on Capitol Hill.

But to President Trump's credit, he immediately realized it, pivoted out of it, and went to Pam Bondi, who, as I understand it, from the Senate, and all of her meetings, is getting terrific marks on her nomination. All of her meetings are going well, and everybody's really happy with where he landed. So, this was a case where, started in a bad place, wound up in a good place, and the person who's ultimately going to be Attorney General is a two-term A.G. from Florida who's well liked across the Republican Party. So, in this case, we're going to get a good outcome, even if it didn't start great.

BLITZER: Meghan, Trump, as you know, has a long history himself of sexual misconduct allegations. His choice for defense secretary is facing sexual assault allegations. Much of Gaetz's conduct was known actually before this Ethics Committee report was released when Trump wanted him to be the attorney general. What does all this say about the culture in Trump world?

HAYS: Look, I think that Donald Trump cares about one thing, and that's loyalty to him. I don't think he necessarily cares about people's character or what they do in their lives or what they've been accused of. I mean, all of these allegations against Hegseth or Donald Trump or Matt Gaetz are gross and despicable, and we shouldn't have to have these people in elected office. But, you know, the president- elect cares about one thing, and that's loyalty. So, that's the Republican Party's, I guess, prerogative to have that sort of leadership, but it's not something, as a Democrat, I would want for my party.

BLITZER: Alyse, one woman in this house ethics committee report said she felt violated by Gaetz and another said, and I'm quoting her now, I think about it all the time, adding I still see him when I turn on the T.V. and there's nothing anyone can do. It's frustrating to know I lived a reality that he denies. Is it possible, do you think, these women might pursue legal action against Gaetz?

ADAMSON: Yes, Wolf, absolutely. Just because criminal cases can no longer be filed doesn't mean that they will not file civil suits. I believe that is also something that was referenced in the House Ethics Committee report with respect to Victim A that her lawyers got in touch with former Representative Gaetz's lawyers threatening a lawsuit, and they're perfectly entitled to.

And this is a good example of victims still able to seek justice. Some people may paint it as, you know, trying to seek money for their victimhood, but at the same time, if the justice system has failed them, as it is, and many are traumatized for life, there is still legal recourse through a civil suit.

BLITZER: Scott, do you think Gaetz should be able to hold public office again?

[18:10:01]

JENNINGS: Well, I mean, that would be up to the voters to decide. But, you know, I've been on a few campaigns in my life, and these kinds of allegations would seem to me to be really problematic. I would also just note that, you know, he's been something of a troublemaker in the Republican Party. I mean, he did join all the Democrats to upend the Republican Party's leadership in the last Congress and caused a protracted issue for the party.

And so there have been times when not only has he caused himself personal problems, like this allegations in these reports, but he's also calls the party problems as well. And so, you know, if he runs again, the voters are going to have to take all this into consideration, just like Donald Trump had to take it all into consideration when the nomination was pulled after eight days and he decided to go a different direction.

So, my suspicion is he'd have a primary if he ran somewhere and the voters would have to figure out if they wanted somebody with this hanging over their head or somebody else.

BLITZER: Yes. All right, guys, thanks very, very much. Good analysis.

Just ahead, there's breaking news coming into The Situation Room right now on Bill Clinton's health as the former president is in the hospital tonight.

And later, the alleged CEO killer's appearance in a New York courtroom on state terror and murder charges. Why his lawyer says she's worried he won't get a fair trial in New York.

Stay with us. You're in The Situation Room.

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BLITZER: All right, there's more breaking news we're following tonight. The former president, Bill Clinton, is in the hospital here in Washington, D.C.

[18:15:02]

CNN Medical Analyst Dr. Jonathan Reiner is joining us. But, first, let's go to CNN's Jeff Zeleny. He's on the phone. He's getting new information. What do we know right now, Jeff?

JEFF ZELENY, CNN CHIEF NATIONAL AFFAIRS CORRESPONDENT: Wolf, we're learning that the former president was at his Washington home when he was suffering some conditions of a fever. So, out of an abundance of caution, we're told, he was taken earlier this afternoon to Georgetown University Hospital, which is just a couple miles from his home. And he is undergoing observation tonight as well as some testing surrounding his conditions of a fever.

Now, we're speaking to top aides who say he's in good spirit. He's grateful for the care he's receiving. He hopes to be home in time for Christmas in just a couple days. However, of course, since leaving the White House, almost now, a quarter century ago, he's endured several medical scares.

So, this is something that is obviously being checked out. He's 78 years old. He was very active on the campaign trail this year. He's just released a book, but developing a fever led him to be admitted into the hospital this afternoon.

BLITZER: Any other symptoms that we know of that he developed beyond a fever?

ZELENY: It's unclear. His advisers are really saying that this is something that they just wanted to have checked out. But anytime you're admitted, obviously, into a hospital, a former president, again, just thinking back to some of his health scares, he had quadruple bypass surgery in 2004, had another heart procedure some six years later. About three years ago, he was in the hospital for six days because of an infection.

So, just given this, obviously, it's out of an abundance of caution, but developing a fever is what led him there. But beyond that, Wolf, we do not have any details of his condition or his symptoms.

BLITZER: All right. Jeff Zeleny reporting for us, Jeff, thank you very much.

I want to discuss what's going on with Dr. Reiner right now. Dr. Reiner, thanks for joining us. What do you make, first of all, of Jeff Zeleny's reporting specifically that the former president, Bill Clinton, was admitted to Georgetown University Medical Center with a fever?

DR. JONATHAN REINER, CNN MEDICAL ANALYST: Well, I think one piece of information that Jeff mentioned is very important. In 2021, the former president was admitted with a condition called sepsis, which is a systemic complication of infection to a hospital in California, and he was hospitalized there for five or six days.

So, my sense is that the former president likely doesn't just have a fever, but he has some other symptoms that would raise a concern for a more serious infection. Symptoms like a fast heart rate or shortness of breath or shaking chills or confusion or lethargy. These are some of the symptoms that along with a fever might make you wonder about sepsis.

And the key thing about sepsis is that it can progress very rapidly. So, if there is a concern among the treating physicians, it's really imperative to bring someone to the hospital very quickly because a patient can basically go from walking to near death and in as little as 12 hours.

So, I'm glad that the former president's physicians have opted to bring him in and take a quick look, you know, right away.

BLITZER: Dr. Reiner, the former president, as you and I both know, he's faced other serious health issues in the past. He underwent a four-hour bypass operation back in 2004 and had two stents placed in one of his arteries in 2010. What are doctors going to be looking for in connection with that? Is there possibly some sort of connection?

REINER: Probably not. I think what -- we do know that the former president had bypass surgery as you said almost 20 years ago and then a stent put in several years later. But this sounds more like a primary infectious process, although while it can involve the heart, typically, it involves other more common ailments, like the urinary tract.

And we do know that when he was hospitalized at U.C. Irvine a few years ago, that's what they found, is that he had an infection of his urinary tract, which is very common in older people. And the former president, although certainly very vigorous, is now 78 years old. And this kind of infection, what we refer to as urosepsis, is very common, and if not treated, can be lethal. It's very easy to treat with antibiotics but this is something that his docs need to jump on quickly because time really is of the essence.

BLITZER: And we all know there are excellent doctors over there at Georgetown University Medical Center, and we wish him only a speedy recovery for whatever he has, and only the very, very best. Dr. Reiner, thanks as usual for helping us.

REINER: My pleasure.

[18:20:00]

BLITZER: And coming up, Luigi Mangione's lawyer claims his case is being politicized. Our experts are standing by to break down the arguments and the evidence after the accused CEO killer appeared in a New York courtroom today.

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BLITZER: Tonight, the man charged with murdering the CEO of UnitedHealthcare has entered a new not guilty plea. Luigi Mangione appearing in a New York courtroom to face 11 state criminal counts in addition to the federal charges he faces.

CNN's Shimon Prokupecz has details.

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UNIDENTIFIED FEMALE: The crime of murder in the first-degree and other related charges. Have you pleaded this indictment, sir? Guilty or not guilty at all?

UNIDENTIFIED MALE: Not guilty.

SHIMON PROKUPECZ, CNN SENIOR CRIME AND JUSTICE CORRESPONDENT (voice over): Accused killer Luigi Mangione back in court, this time for the charges he faces in New York State, wearing khakis and a maroon sweater, shackled at the wrists and ankles.

The camera in court capturing the 26-year-old as he faces 11 state charges that include murder in the first-degree and murder in the second-degree as a crime of terrorism for the alleged killing of UnitedHealthcare CEO Brian Thompson.

[18:25:03] KAREN FRIEDMAN AGNIFILO, MANGIONE'S ATTORNEY: He's a young man and he is being treated like a human ping pong ball.

PROKUPECZ: His attorney slamming the way Mangione was paraded before cameras when being brought back to New York City from Pennsylvania.

AGNIFILO: They are literally treating him like he is like some sort of political fodder, like some sort of spectacle.

PROKUPECZ: During the arraignment, with rare camera access being allowed to record the proceedings, prosecutors disclosing just how much evidence they have.

JOEL SEIDEMANN, PROSECUTOR: I have never seen a case with such volume of evidence, aside from the issue of the quality of the evidence.

This is not a usual case in terms of the thousands of hours of video tracking and the like.

PROKUPECZ: Mangione seen smiling at times while talking with his legal team.

Outside court, a small group of protesters gathered to voice their support for Mangione.

The hearing ended with Mangione casually folding some papers before police escorted him away.

Mangione also faces federal charges that include murder through the use of a firearm. The state trial is expected to come first. Mangione faces a maximum sentence of life in prison for the state charges, and prosecutors could decide to seek a death penalty in the federal case.

(END VIDEOTAPE)

PROKUPECZ (on camera): And Wolf, he's due back in court on the state charges February 21st. We're waiting to hear from the U.S. attorney's office on the federal case. He's expected to be indicted on that, and he should be back in court perhaps maybe in January on the federal case. Wolf?

BLITZER: All right. Shimon Prokupecz with the latest for us, thanks very much, Shimon.

Let's get some more in all of this. Joining us, CNN's Senior Legal Analyst Elie Honig, and CNN's Chief Law Enforcement and Intelligence Analyst John Miller.

Elie, let me start with you. Mangione's attorney, Karen Friedman Agnifilo, said federal and state prosecutors have conflicting theories in their indictments. Are they, in fact, inconsistent?

ELIE HONIG, CNN SENIOR LEGAL ANALYST: They're not inconsistent, Wolf. There are, to be sure, different federal versus state prosecution theories, but it doesn't mean they're inconsistent. The feds are alleging essentially that Luigi Mangione stalked his victim across state lines in order to murder him. The state is saying that he committed that murder in order to commit an act of terrorism, to cause fear in the community or to affect some political change.

So, those are different theories, but you can readily reconcile them as follows. You just say he stalked. This person in order to murder him and his purpose in doing that was to cause fear in the community. So, they're not inconsistent. I understand she has to make this argument, but I don't think there's any traction there.

BLITZER: John Miller, Karen Friedman Agnifilo, his attorney, expressed concerns about Mangione getting a fair trial because of last week's very highly publicized perp walk. Do you think the perp walk could hurt the case?

JOHN MILLER, CNN CHIEF LAW ENFORCEMENT AND INTELLIGENCE ANALYST: I don't think so. I mean, if you look at it, this network and all the other networks aired footage that showed him checking into the hostel where he allegedly stayed before and after the murder, then footage of him actually shooting the gun and hitting the man in the back and killing him.

So, when you consider that we aired that literally hundreds of times before he was identified, and then charges were brought and he was identified as the killer, the perp walk is really the least of his problems in terms of visuals that have been shown. One could even argue that he looks small when surrounded by this show of force, but why was it there? Because they were worried about people trying to break him out because of the level of support he has in the public.

BLITZER: Elie, prosecutors say the state trial will come before his federal trial. Does it matter which one comes first?

HONIG: Well, it does tactically, Wolf. So, first of all, it's always better for the prosecutor's point of view to be the first one trying the case. You never want to be the second prosecutor trying the case, because the first time your witnesses are fresh. They have perhaps testified in a grand jury, but they've not been cross-examined in a trial setting. If you're the second trial to go and all those witnesses have already been up on the stand once, they've all been cross-examined once. If they say one word different the second time, they're going to get cross-examined on that as well. And also there's a larger atmospheric factor, really, as a prosecutor, you never want to be the second case. It feels less important. It feels like an add- on at the end.

So, I know the current plan is for the state to go first. I'm not 100 percent sure that's going to ultimately be how it plays out. A lot will depend how the new U.S. attorney at the Southern District of New York, who takes office in a couple of weeks, how he approaches his side of this.

BLITZER: We shall see. John Miller, what role will investigators play now that Mangione is in custody?

MILLER: The same role they've been playing, but it carries on. Wolf, you know, when they talked about the amount of evidence and Mr. Seidemann from the Manhattan D.A.'s Office said, we're not addressing the quality of evidence, just the sheer amount, two terabytes of evidence, including, you know, massive amounts of video that they collected trying to retrace every step of this suspect while he was in New York City, all the tips, all the files, all of the other people who were investigated before him. And the fact that that investigation is still continuing as they tie up loose ends, do other scientific experiments.

So, the case is awaiting trial, which may be a year from now, but still very active in terms of investigation.

BLITZER: Elie, do you think the federal government will end up pursuing the death penalty in this case?

HONIG: That's a really difficult decision. There's a whole process that has to happen internally, Wolf, at DOJ, where prosecutors have to recommend down to the attorney general, whether a case should proceed for seeking the death penalty or not. The stats vary a bit, but over time, DOJ generally seeks the death penalty in something like 25 to 50 percent of all death eligible cases.

But, again, the new administration is going to make a big difference here. We just saw those commutations by Joe Biden earlier today. I think it's going to be left to probably incoming Attorney General Pam Bondi and her administration.

In some respect, it's not on par with cases where you do see the death penalty sought, where you have a mass killing, where you have multiple victims, where you have an explosive set off, that kind of thing. So, it's going to be a really close case, but it's going to be an opportunity for the new Trump perhaps to make a statement about where they stand on the federal death penalty.

BLITZER: John, do you think there's any appetite at all in the D.A.'s office to propose a plea deal, a guilty plea deal for a lesser sentence and avoid a full scale trial?

MILLER: Well, that's always a possibility. Now, given the strength of the evidence they've had, at least as what we have reported it to be, it's not a case where they're going to walk in seeking a plea. But the idea that they charged a life without parole count, murder one, the idea that on the federal side, they charge a death penalty count, gives both sides a lot of leverage to say, just plead guilty to the second or third charge and, you know, have the possibility, not the guarantee, the possibility of parole someday and it would save them and everybody else the trouble of a trial and the risk of jury nullification considering his popularity among some people.

BLITZER: Good point, guys. Thank you very, very much.

Just ahead, Donald Trump hitting back at suggestions that Elon Musk is running things behind the scenes. We'll talk with a former Trump adviser, Anthony Scaramucci. He's standing by live.

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[18:35:00]

BLITZER: Tonight, a closer look at President-elect Donald Trump's first rally-like speech since winning the election. Trump made a wide range of remarks on immigration, the Panama Canal, and even Elon Musk. Here's some of what the former president, and now the president elect, said at a conservative conference in Arizona on Sunday.

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DONALD TRUMP, U.S. PRESIDENT ELECT: The victory was such an outstanding one, such a big one. And the other side now, they lost their confidence. If you watch television now, they're all befuddled. They don't know what the hell happened.

We will demand that the Panama Canal be returned to the United States of America in full, quickly, and without question.

When you look at like autism from 25 years ago and you look at it now, something's going on, and I nominated Robert F. Kennedy Jr.

Is something wrong? I think so. And Robert and I and all of -- we're going to figure it out.

President Trump has ceded the presidency to Elon Musk. No, that's not happening. But no, he's not going to be president, that I can tell you.

And I'm safe. You know why? He can't be. He wasn't born in this country.

(END VIDEOTAPE)

BLITZER: I want to bring in the former Trump senior adviser, Anthony Scaramucci. Anthony, thanks very much for joining us. You got a smile on your face right now.

It looks like the President Musk jokes are getting a bit under Trump's skin. Anthony, you were once a key part of Trump's inner circle in the White House. Do you see their relationship turning sour anytime soon?

ANTHONY SCARAMUCCI, FORMER TRUMP WHITE HOUSE COMMUNICATIONS DIRECTOR: He doesn't like it, but I think what's happening is he's also knows that a lot of the stuff coming from the left is premeditated. And so that's what's shielding him for right now, but he won't like it. The more attention Elon gets, if there's a problem, he'll look to blame Elon or somebody else on his team. You know, if you just look at what's going on with Speaker Johnson right now prior to getting that spending bill passed, they were calling him a Democrat.

So, you know, it's a perilous situation. There's a honeymoon period going on right now, but trust me, he doesn't like it. He wouldn't be bringing it up. If it didn't bother him Wolf, he wouldn't be bringing it up. And so, you know, it's like Shakespeare, doubt does protest too much.

BLITZER: Yes, good point. We saw how much influence Elon Musk had in last week's debate here in Washington over government spending. What do you make of Musk's role in Trump's party?

SCARAMUCCI: Well, listen, he's got a very powerful role. He's got a $44 billion megaphone. He's got over 200-plus million followers. And, Wolf, he was instrumental in that election. The stuff that Elon Musk did in Pennsylvania alone, I think, helped the president win that election.

[18:40:02]

So, he has a very big voice.

I think the problem for Elon Musk though, he's got a little bit of Potomac fever. And so you think you're going to go to Washington and change Washington. That's Potomac fever. And the weird thing about Potomac fever is the one of the symptoms is you don't know you have Potomac fever and, of course, I have had Potomac fever, Wolf, so I'm speaking as a former patient that's been afflicted with the disease.

So, he's just got to be very careful because he's making enemies that he doesn't realize and the incentives in Washington are totally different than those in business. And so everybody's incentivized in a different and sometimes irrational way. And I think the power that he's wielding right now, Washington has a great immunological system and I think they'll find a way to rebut him.

So, I would say to Elon Musk, not he would listen to me, but stick to business. You've done great. You've made a couple hundred billion dollars since the election. Lay off the gas on politics a little bit because these people could hurt you. And no need for you to get hurt. You're doing so well in your life.

BLITZER: He certainly is. Anthony. President-elect Trump is talking about buying Greenland once again, like he did in his first term, writing on Truth Social, and I'm quoting him now, the United States of America feels that the ownership and control of Greenland is an absolute necessity. Now, he's also talking about taking control of the Panama Canal. Is this a realistic policy he's advocating? What do you think?

SCARAMUCCI: Well, I mean, you left out Canada. I mean, obviously, we've got Governor Trudeau in Canada and he's talking about a mini invasion of Mexico, I guess. I don't know. I mean, this is the stuff that he says and then, you know, his cultists get out there and say he's either serious or not serious, depending on what he's saying. And so I don't like it because it just makes us look bad and what ends up happening is you force allies to form unnatural alliances against the United States.

And so if you want to put a military base in Greenland, I'm sure there could be a negotiation related to that, just like we have military bases all over the world in other sovereign countries. But to put that out on Truth Social, I don't understand what his advisors are even saying to him about the common sense related to that, because it's just really lacking. So, you tell me, Wolf, are we going to invade Canada, Mexico? Are we going to take Greenland and the Panama Canal? I don't know. I mean, you know, if we're doing that, it's going to be a rough four years.

BLITZER: Yes, I suspect that's not going to happen, but we shall see.

Let me get your thoughts before I let you go, Anthony, on the House Ethics Committee report released today on former Republican Congressman Matt Gaetz, finding that he paid women for sex, including a 17-year-old girl. How did the Trump team not know about these allegations before he was announced to be the president-elect's pick for attorney general of the United States?

SCARAMUCCI: Well, I think if you do research on that, I think what you'll find is that was an impetuous move by President Trump that caught a lot of his staffers off guard. And I think when they regrouped and they explained to the president that they probably knew about this information and this information would derail him, you know, they let it happen. They just let that derailing take place. A couple of senators got to Matt Gaetz behind closed doors and said, look, this is not happening. Don't embarrass yourself. Don't embarrass the president and drop out of the race.

But I think this is one of the problems. They were set up probably to pick Pam Bondi. Trump, in an impetuous move, moved to pick Matt Gaetz. And I don't know who moved him. Sometimes it's the last person in the room that can do that to him. But I think he caught his aides off guard. And I don't think it's true that his aides didn't know about the situation. I think they did. And that's the reason why Matt Gaetz Left the Congress and had no chance to be attorney general. And I'm not surprised that this report came out because that's what happens in Washington, this stuff never stays sealed.

BLITZER: Yes, good point. Gaetz has suggested he would run for the Senate in Florida, his home state, or maybe even that Trump would bring him into the administration in a position that doesn't require Senate approval. Do you see Gaetz working in the Trump White House in some position?

SCARAMUCCI: I mean, listen, anything can happen. I mean, maybe you'll make them the next comms director after Stephen, you know? I mean, I don't know. I mean, you know President Trump, anything can happen. He could bring them in just to upset people. I hope it doesn't happen because I think Matt Gaetz, if you read that report, what he did is absolutely reprehensible and he shouldn't be in our government.

[18:45:00]

It's just a lack of respect. It's disrespectful to the American people to put Matt Gaetz in a role like that. But you and I both know that anything can happen with Donald Trump. He could make a decision to do that, and there'll be very few people that will be willing to stop him.

But I hope it doesn't happen. I think Kevin McCarthy finally has his due here, Wolf, you know, he explained to people over the last 18 to 24 months what was going on with Matt Gaetz. And I think, I think I think there's somebody here right before the eve of Christmas, that feels vindicated. And that's Kevin McCarthy. WOLF BLITZER, CNN HOST: Yeah. Good point.

Anthony Scaramucci, Trump's former White House communications director, thanks very much for joining us.

And we'll be right back.

SCARAMUCCI: Good to be here. Happy holidays.

(COMMERCIAL BREAK)

SCARAMUCCI: Today, President Biden took nearly every inmate of federal death row commuting their sentences. He removed them from federal death row, commuting their sentences to life in prison, all except for three men. One of the three is the shooter who killed 11 worshipers at a Pittsburgh synagogue, the Tree of Life Synagogue.

CNN's MJ Lee spoke with survivors and victims' family members prior to President Biden's decision.

(BEGIN VIDEOTAPE)

MJ LEE, CNN SENIOR WHITE HOUSE CORRESPONDENT (voice-over): The sentences of 37 inmates on federal death row were commuted by President Joe Biden on Monday to life sentences without the possibility of parole.

But there were three men on federal death row not included in Biden's sweeping use of his clemency power.

[18:50:05]

Dylann Roof, a white nationalist who murdered nine black worshipers at a church in 2015. Dzhokhar Tsarnaev, one of the brothers responsible for the Boston marathon bombing in 2013. And Robert Bowers, who gunned down 11 worshipers at the Tree of Life synagogue in Pittsburgh in 2018.

HOWARD FEINBERG, MOTHER WAS KILLED IN PITTSBURGH SYNAGOGUE SHOOTING: If you overturn that, you are in the face of the U.S. justice system.

LEE: Prior to Biden's decision, the families of the victims of the Tree of Life mass shooting had spoken out to CNN as they pleaded with the president to not grant clemency to the killer, who took their loved ones.

CAROL BLACK, SURVIVOR OF PITTSBURGH SYNAGOGUE SHOOTING: The people who want the clemency didn't sit in the courtroom and look at his face and see the glee when he saw all the horror that he wreaked in the building that day.

LEE: Bower's shooting rampage six years ago still haunts this community.

BLACK: I saw my brother walking in. That was actually the last time I saw him alive. LEE: Carol Black had just arrived at the Tree of Life Synagogue for

Shabbat services on a fall Saturday morning in October 2018. Suddenly, there was chaos.

BLACK: I heard rapid gunfire and the rabbi said, we need to get out of here now.

LEE: The mass shooting would mark the deadliest attack on the Jewish community in American history. Bowers murdered 11 worshipers and wounded six. Among the dead were several Holocaust survivors.

While Carol managed to make it out alive, her younger brother Richard did not. For sisters Michelle and Diane Rosenthal, their nightmare began with a single text message.

MICHELLE ROSENTHAL, BROTHERS WERE KILLED IN PITTSBURGH SYNAGOGUE SHOOTING: My husband got a text from his daughter that said active shooter at Tree of Life synagogue, and I immediately screamed, the boys are there!

LEE: The boys are Michelle and Diane's brothers, Cecil and David, who at the time were 59 and 54 years old. They had a genetic condition called the Fragile X syndrome, both for a long time beloved members of the synagogue.

DIANE ROSENTHAL, BROTHERS WERE KILLED IN PITTSBURGH SYNAGOGUE SHOOTING: Cecil and David loved to welcome the congregants into the synagogue. Cecil loved to pass out the Siddurim and greet people, and David would like to stay close to whoever was doing the beginning readings. We knew right away that they either greeted their shooter or were surprised.

LEE: The boys never made it out.

Five years after that horrific day, many of the victims family members chose to sit inside the courtroom for Bowers's trial.

Howard Feinberg, whose mother Joyce was killed in the shooting, was among those who attended the trial.

FEINBERG: You're sitting within spitting distance of evil.

LEE: The trial painting a shocking and vivid picture of a racist, hate spewing man who wished to see the extermination of all Jews. A 12-member jury found Bowers guilty on all 63 counts.

M. ROSENTHAL: It was just like finally, like finally you're able to close a chapter.

LEE: And weeks later, the same jury unanimously handed down the death sentence. But fast forward more than a year, and this community was in fresh anguish, worried that Biden, a devout Catholic who recently campaigned on getting rid of the death penalty --

JOE BIDEN, PRESIDENT OF THE UNITED STATES: One of the reasons I'm against capital punishment -- LEE: -- would bow to pressure and take inmates, including Bowers, off

of federal death row.

The possibility had been unbearable to imagine for some of the families of the Tree of Life victims.

D. ROSENTHAL: It's a slap in the family's face and in the jurors, probably, as well as the judge.

LEE: Bowers's attorneys did not respond to CNN's request for comment. The White House declined to comment for this piece.

The victims' family members who spoke with CNN said they understand that nothing can bring back their loved ones. David and Cecil's infectious laughs. Richards generous spirit and Joyce's constant desire to always take care of those around her. And for that, they said there is no forgiving bowers.

D. ROSENTHAL: I think in order to have forgiveness, someone has to show a sense of remorse for the crimes that he or she committed.

(END VIDEOTAPE)

LEE (on camera): And, Wolf, in his statement announcing these commutations, president Biden did say, I cannot stand back and let a new administration resume executions that I halted. That obviously is a reference to incoming President Donald Trump.

Keep in mind that during his first term at the White House, 13 federal death row inmates were put to death. And in his most recent campaign, the incoming president has made quite clear that he intends on moving forward with more federal executions.

As for these families of the victims of the Tree of Life Synagogue that we spoke with before, President Biden's announcement, we were able to get in touch with them after the announcement. And they tell me, Wolf, that they are very relieved to see that Robert Bowers is not on the list of those commuted.

[18:55:02]

And they say they are relieved simply to know that Bowers is going to remain on federal death row -- Wolf.

BLITZER: MJ Lee reporting, excellent report. Thank you very much.

And we'll be right back.

(COMMERCIAL BREAK)

BLITZER: New details about the suspect arrested in the killing of a woman who was set on fire on a New York subway train.

CNN's Gloria Pazmino has the latest.

(BEGIN VIDEOTAPE) GLORIA PAZMINO, CNN NATIONAL CORRESPONDENT: This happened at the end of the train line on the F line in Brooklyn, in the Coney Island section of Brooklyn. And police tell us that there was a woman who was asleep inside of a subway car when a man who was also inside the same subway car approached her, pulled a lighter out of his jacket and set her on fire. The man essentially stood there while she burned alive.

Now, we're learning new details about the charges that the suspect is expected to face. My law enforcement sources tell me that the suspect will be charged with murder in the first degree, a very rare charge. And they tell me that the reason they're charging him with this is because the alleged homicide takes place in the commission of a felony.

What that means is that the murder here took place while the suspect was committing a felony. In this case, the arson. He is also facing murder in the second degree.

Now, we've also learned the identity of the suspect. He is Sebastian Zapeta-Calil. He's 33 years old. And officials tell us that he entered the country illegally in 2018. He was deported shortly after that, but he made his way back into the United States at an unknown date. We are expecting the suspect to be arraigned in the next several hours -- Wolf.

BLITZER: Gloria Pazmino reporting, thank you.

I'm Wolf Blitzer in THE SITUATION ROOM. Merry Christmas and happy Hanukkah.

"ERIN BURNETT OUTFRONT" starts right now.