tv Legal View With Ashleigh Banfield CNN February 22, 2016 9:00am-10:01am PST
a whole new light. liberty mutual insurance. hello, everyone. i'm ashleigh banfield. welcome to "legal view." we're going to begin with breaking news this hour, in kalamazoo, michigan. about 1:30, an hour and a half from now eastern time, the man accused of driving around that county, randomly shooting at eight people, killing six of them, is going to appear in court. and for the first time, we could hear his voice. just minutes ago, we heard the president, president obama, weighing in on these shootings for the very first time. and he did it while he was speaking with the national governor's association. here's what he had to say. >> on saturday, another one of our communities was terrorized by gun violence. as many of you read, six people
were gunned down in a rampage in kalamazoo, michigan. before i joined all of you, i called the mayor, the sheriff, and the police chief there, and told them that they would have whatever federal support they needed in their investigation. their local officials and first responders, by the way, did an outstanding job in apprehending the individual very quickly. but, you got families who are shattered today. >> here is the suspect in the case. take a good look. his name is jason dalton, 45 years old, an insurance salesman, but also a husband and a father of two children. he also happens to be an uber driver, with no criminal record and neighbors describe him as a family man. yet the county prosecutor said this, quote, family man, did the unthinkable. ripping apart families. as president obama mentioned.
killing a father and a son, killing two sisters-in-law, shooting a woman in front of her three children. and in between all of that, dalton made sure the cash kept coming in, as he picked up passengers for uber. our affiliate, wish, spoke to one of those passengers. his name is derek, he says he is still shaken up and he doesn't want to show his face or reveal his last name. he's from indianapolis and he was visiting kalamazoo with his wife. he says they were dalton's last uber ride of saturday night before he was taken in by the police. and this was the chilling conversation. >> our interaction with him was very basic, it was like a five-minute ride. i said, you're not the shooter, are you? and he said, no. and i said, are you sure? and he kind of just said, no, i'm just tired. i've been riding for seven
hours. >> words that surely will be used at some point in action against him. ryan young is live for us right now in kalamazoo. ryan, i know that this is a video conferencing that he's going to be making this appearance for today, but it's still the kind of appearance where everybody watching, you could virtually hear a pin drop. there's just so much shock in that community and beyond. >> yeah, we were at a vigil just last night and i can tell you just by standing near some of the people in this community, they are still shaking with fear in terms of this. they were very upset. you have someone who was a father, who was in this community, who didn't have a criminal record, and all of a sudden could go on this shooting spree that lasted several hours. if you think about it, that first shooting happened at 6:00. that second shooting didn't happen for almost four hours later. and then he pulled into that parking lot there, where the father and son were standing in open fire there.
we believe that's the area where police were able to get that surveillance video. they were able to put that broadcast out to let people know what was going on. but still, 15 minutes later, he was able to pull into that cracker barrel location and open fire on those two cars, hitting those women, four of them, killing them. all over the age of 60, before shooting at a 14-year-old girl, who at first they thought was dead, but apparently she has survived. she's in critical condition. obviously, all these families that have been ripped apart by this shooting, there were several hours where people were wondering what happened to his family. we know his family is okay, but right now this community is still asking the basic question of why. not sure if that will ever get answered. of course, police have been keeping a lot of things tight-lipped to figure out exactly what's going on in this investigation. so you know going forward, the prosecution will be looking to see exactly what this man was doing over several hours. >> he was aware of what's going on and he was able to carry on his normal routine. these were very deliberate
killings. this wasn't hurried in any way, shape, or form. they're on video, we've watched the video with law enforcement. they were intentional, deliberate, and i don't want to say casually done, coldly done is what i want to say. >> ashleigh, talking to people who were in this community, the real fear here, just about why. what would turn that gun towards these people, people who had nothing to do with this man. it's something that everyone in this community is waiting for answers for. and i'm not sure we'll ever get that answer. of course, we'll be paying attention in that first court appearance. >> ryan young, you'll watch that for us and bring it to us as soon as it begins. ryan's live in kalamazoo, on the job for us. i want to share some of the stories that have come in from the victims of this. the youngest person killed was 17 years old, his name was tyler smith, there on the right, and he was killed alongside his father, 53-year-old richard smith. they, together, were just simply
out shopping for a car. they were at a kia dealership when both of them were gunned down in cold blood. richard's wife and tyler's mom has taken to facebook to share her grief. i'm going to quote her, "laying in bed, trying to comprehend what has happened in the past 24 hours. wishing it were all a bad dream and they would be here when i woke up." and in another post, "my precious baby boy taken away before he even graduated from high school. sharing these photos of hi beautiful family, i love them more than anything in the universe and i'm lost without my boys." that grief, that lump in your throat is shared by the family of mary lou nye, 62 years old, and mary joe nye, 60, sisters-in-law. the two of them shot while they were in their car in the parking lot of a cracker barrel restaurant. mary joe was a retired teacher at calhoun community high school. the assistant principal told cnn that mary joe was, quote, a wonderful person and mentor and
her former students are heartbroken. barbara hawthorne was in another car, at that same cracker barrel parking lot. she was 68 years old. she worked for kelloggs for 22 years. she just retired in 2008. dorothy brown was 74 years old, also killed outside that same cracker barrel. her neighbor told affiliate wxyz that she loved caring for her yard and that she was a sweet lady. and then there's the 14-year-old girl, 14, also shot. at first believed to have died, and police say she was actually on life-support for an organ harvest when suddenly, she squeezed her mother's hand. and now that 14-year-old girl is listed in critical condition. you should also know that there is no death penalty in the state of michigan. so even though jason dalton faces a litany of charges and the most serious that the united
states can offer, he will never be put to death for any of those charges. and with that in mind, it is imperative to bring in a legal view. this is cnn legal analyst team danny cevallos and paul cowen. this is the kind of situation, people who are watching right now think, this is what the death penalty is made for, but that is not an option here. i can't see any route to a federal prosecution, i don't know if the two of you can see that, because the death penalty could be an option through federal prosecutors. what do you see as happening here? >> as you know, michigan does not have the death penalty, but the mandatory imprisonment is life without the possibility of parole. that's the mandatory penalty for first-degree murder. but paul and i were talking about this, if there is a federal nexus to some federal law, virtually -- well, actually, every state is technically a death penalty state, if you're prosecuted in federal court. the problem is, you need a nexus to some federal law that allows for the death penalty. >> like the bombers and -- >> espionage. >> terror, something like that.
so there are a limited number of federal statutes that allow for the death penalty. the question is, will a creative u.s. attorney try to fit these facts into one of those federal statutes. >> paul, let's say that is too creative, that's just too big a leap, he didn't cross state lines, he didn't kill a federal agent, there's a lot to try to leap over there. if you're staying in the state, do you see the only option for this man as an insanity defense? >> well, yes, i think insanity will probably be his best bet. and frankly, he's not going to get into federal court unless they link this to terrorism, and we really haven't seen that link. what's surprising about this case is, as we sit here, we don't know what the motive is. his background doesn't seem to suggest it. and as we were discussing before we went on the air, the insanity defense is very hard to win with, but this might be the kind of case you could, because we're not seeing a history of planning, we're not seeing a detailed cover-up by the killer. >> he didn't try to hide or get
away, he kept doing his business, he went for a drink, they caught him outside a bar. that's the kind of thing where you realize, he might have actually thought what he was doing was right. >> and here's what michigan insanity law requires, it requires that you have some kind of mental disease or defect, and that gives you an inability to recognize the difference between right and wrong. >> we are jumping way ahead of the game, we have our first appearance coming up in an hour and 20 minutes, so we'll all sort of just try to wrap our heads around what happened until we know a few more of the facts. danny and paul, appreciate it. we have breaking news coming out of syria as well. it appears that, if you can believe it, a deal has actually been reached for a cease-fire. what that means, that's critical. the devil can always be in the details and we've got some of those details, coming up.
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process very, very closely. this has not been easy, nick. there are many of these groups who are not at the table, have not been at the table, are not party to this. so how do you have a cease-fire when all the guns that are blazing aren't agreeing to it? >> reporter: quite right. but let's deal first of all with what i'm hearing from western diplomats may happen at midnight between friday and saturday. and that is the hope that the parties agreeing to this will stop fighting initially in a period stipulated for three weeks, but there's no time limit on this. it's not to supposed to suggest fighting begins again at a certain point in the future. who's agreeing? in kploediplomat who's close to leadership think they can get the armed groups on the ground to go along with it. the motivation being that really if this is about the russian guns and the regime's guns falling silent along with the syrian option, stopping their fighting, too, that if either side dare breaks their part of
the deal, they can expose the other as not really being into political negotiation. now, a huge flaw in all of this is that it's accepted by all sides, that it doesn't involve isis or al qaeda in syria known as the nusra front. thaur doing a lot of the fighting right now, behind the staggering death toll to the bombings of this weekend, isis were. and the fear, i think, is that russia has been accused by america and the west, of using its supposed campaign against isis to attack syrian moderate rebels. is moscow really trying to sign up for this idea? i'm hearing from a western diplomat about this, not from moscow, at this stage. is russia really going to sign up for it? or use it as cover to continue attacking the syrian groups it's backing. a huge jump to make from this moment now, where we have potentially the highest single death toll of one instance in the entire syrian war, that was of the bombing that happened in damascus over the weekend, caused by isis, that with a hope between midnight and saturday, we see a meaningful pause in the violence. ashleigh?
>> just quickly, there's just so many questions, the motives of russia, there they are trying to do a backdoor help to assad. but i think for americans, they want to know, is this an opportunity for isis to capitalize and exploit all those who put their guns down? because they are not. >> i think everyone accepts if they do make a move, they'll meet opposition. that fight isn't going to stop. the issue is about the credibility of those siping up to it. i think the fear is that russia will use this to say, this group is still fighting, they're breaking the seizefire. they're not isis, another group that's supposed to be part of it and continue attacking against it. there'll be massive confusion as the clock strikes midnight between friday and saturday. the question is, does this diplomacy finally yield some change in violence, or does negotiation increasingly look meaningless in this awfully brutal conflict. >> i think massive confusion is a good way to out it, when there
are hundreds of groups operating awe to be mousily in that region. keep us posted on the details and what transpires in the next few hour. thanks for that. coming up next, how one little iphone, just one, as become such a massive battle between the united states justice department and one of the world's most powerful companies. the war of words between the head of the fbi and the ceo of apple, over your personal privacy and your security.
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pitched battle that's brewing between apple and the fbi. and it's all over that dead terrorist's cell phone from san bernardino. the one that killed 14 people, injured many more. the ceo of apple, tim cook, this morning sent an e-mail to all apple employees. and i want to read a quick excerpt of what he sent them. this case is about much more than a single phone or a single investigation. at stake is the data security of hundreds of millions of law-abiding people and setting a dangerous precedent that threatens everyone's civil liberties. so pretty strong words, but they're also being met by strong words on the other side, too. and cnn's money tech correspondent, laurie segall is here to talk about this other side of the war of words. the fbi has pretty strong language, too. >> yeah, james comey spoke out last night, he wrote, the san
bernardino litigation isn't about trying to set a precedent or send any kind of message. it's about the victims and the justice. so then, of course, you have an e-mail sent out to apple employees this morning from tim cook that we've obtained and also a public q&a, where they really talk about some of these details. and what tim cook has said in this, he's confirmed it is possible to get into this phone, if they build a new operating system. one thing that really stuck out to me, he said, the only way to guarantee such a powerful tool isn't abused and doesn't fall into the wrong hands is to never create it in the first place. and i think, now you're really hearing the two sides go back and forth here, ashleigh. >> i want to be really clear on what's at stake. james comey is trying to get a lot of clarity to what they're asking of apple. and as i understand it, and you'll have to help me through the narrative here, apple is guesting is that james comey wouldn't have to make these requests of the company, to create some kind of software to get beyond the ten tries and
your phone gets wiped out, because they're trying to get that password and they can't do more than ten tries. they're saying, you had an option from the get-go that you messed up, meaning the fbi messed up. what exactly happened? >> this is really interesting, because every word and how you phrase it counts in this one. what essentially happened was hours after the shooting, the fbi had the phone. san bernardino county had access to the phone, because the phone was owned by the county. so according to san bernardino county, the doj will back this up, they said, help us get into this guy's iphone, help us find more information. so they changed the icloud password. what that did, and according to apple, is prevent the ability to try to get an auto backup, an icloud backup. what they would have done, they would have taken that phone to somewhere where the suspect had connected to wi-fi and they would have tried to see if it would auto backup with any new information. and because they changed that password, they couldn't do that. what law enforcement will tell you is even if we had been able to get that backup, that icloud
backup, which is very important, that wouldn't have been enough. we want access to what's inside the phone. what if they were using apps, encrypted apps? >> which wouldn't be in the iphone backup. i got it. >> right, so they're saying, maybe apple's leading us one way, but every detail of the investigation counts and you have both sides, again, sparring. >> and i mean, the bigger issue is, is it our security either way, security from terrorists or securities from, say, hackers that could terrorize us later and get our information. it's a great discussion. keep us posted on the war of words. apple may have just the fbi to fight in all of this. some of the victims, the victims of the san bernardino terror attack are throwing their support behind the government. perhaps it's not surprising, but they are calling on apple to break into that iphone that was used by one of the killers. whatever it takes to do it, they're asking apple to do it. steven larson is representing the san bernardino families and joins me live now from los
angeles. judge, thank you so much. i should note to our audience that you're a former federal judge. you know the work that you're up against at this point. i guess that you just heard laurie and me discussing the two competing wisdoms here. what avenue out of this is there for either side? >> there's a couple of avenues. of course, one avenue would be the parties sitting down and resolving this thing. this is about one phone and one case at this point. it's about coming up with a way to get the information that there is no question that law enforcement needs in this compelling case. this was the biggest act of terrorism since 9/11 here in the united states. we need this information. law enforcement needs the information. the victims need this information from this one phone. this one phone belonged to a dead, murderous terrorist, owned by the county of san bernardino. there are no privacy interests to mention involved in this case. now, is there a bigger question about other phones and what kind
of precedent? that's something that congress needs to grapple with. that's something that needs to be addressed on a going-forward basis. but in this case, with this phone, i don't think anyone can seriously question the interest of both the victims and law enforcement in obtaining the -- >> judge larsen, i hear you 100%. the privacy interests of the san bernardino killers are pretty minuscule in a lot of people in this argument, but it's this greater issue that tim cook is pointing out. it's not about this one phone, it's about the larger issue of backdoor security. and the whole argument of servitude. effectively what this looks like from the layperson is that the government is asking apple to create a product, a software to help them in their investigation. they're asking them to work for the government and not giving them the option. and then i'll go one further than that, as well. diminish their brand, potentially, by what they say is making our brand less secure. can you see the argument against
this? >> let me try to put this in perspective, because i think these fears are greatly exaggerated by apple. and i'm afraid they may be used for commercial advantage. it is no secret that the government needs the cooperation of banks, financial institutions, telecommunications facilities, all kinds of different entities, when they're conducting law enforcement investigations. this goes back many, many years, this is nothing new under the sun. before the government can do that, however, they need to go to a federal judge and they need to get an order. they need to establish probable cause that a crime has been committed and that there is evidence of that crime on whatever it is they're trying to seek. whether it's having a bank obtain financial records or obtain money or cash, whether it's going to a telecommunications entity and obtaining backloaded or saved d data. this happens every day, but there's a process and there's a process to secure the privacy rights, to make sure that nothing improper is going on. and that process is being
scrupulously followed in this case. there's been an order by a federal judge, there's going to be further briefing before that judge. it will be appealed through the system. this is not a system of the government running -- >> judge larson, forgive me, i'm definitely up against a mind greater than i am in the law, but it still comes back to the idea that warrants have been issued time and time again for existing evidence. this is evidence that doesn't yet necessarily exist without work product, which is forcing the hand of a company. this is very different than your run-of-the-mill, garden variety warrant for data. there is a clear difference. i know you understand that. >> well, there's no question that the information exists, it's stored, it's secreted on a phone. no different than when information is in somebody's house or in somebody's bank account, and there needs to be access to it. technology certainly has raced ahead of current statutory schemes, and that needs to be addressed by congress a an
ongoing basis. but it's not different in a situation where evidence is being stored some place and secreted, and we need the information, as we have seen in the past from various institutions, to obtain that, under the limited circumstances and with all of the prophylactic measures we have in place. >> this is sure to be a harvard law course, this particular case in the future. steven larson, i so appreciate your time. i would love to have you back, as well. thank you, judge. >> thank you. we'll switch to politics, because what happens in vegas could make all the difference for republicans hoping to parlay a strong finish in tomorrow's nevada caucuses into big momentum ahead of next week's critical super tuesday votes. ♪ they say that in life, we shouldn't sweat the small stuff. but when you're building a mercedes-benz, there really is no small stuff. every decision... every component... is an integral part of what makes the 2016 c-class
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all right. to politics now. fresh off a big win in south carolina, donald trump is hoping to ride the momentum and hit the jackpot, heading into tomorrow's nevada caucuses. senators ted cruz and marco rubio also rallying voters across that state, hoping to get an edge, while governor john kasich is campaigning in fairfax, virginia, today. whoever wins nevada could get a solid boost going into the big contest on super tuesday. it's just over a week away, when at least a dozen states hold primaries and caucuses on march 1st. i want to begin our coverage with chris frates, who is live in las vegas right now. and we're hearing wind that donald trump has been talking to former new york mayor, rudy giuliani. i'm trying to get a read on how
rudy giuliani is characterizing those conversations. >> reporter: well, i'll tell you, ashleigh, what giuliani is saying is that he has an open line to donald trump and that they've talked about three times or so. and what's really interesting about this, here you have another new yorker who ran for president, rudy giuliani, back in 2008. he made an unsuccessful bid but was a very popular mayor of new york city after 9/11. and he's been advising donald trump. and what is so interesting about that is he's not the only republican from the so-called republican establishment starting to talk to donald trump. giuliani saying other republicans are reaching out, and now he's essentially part of trump's kitchen cabinet. and why that's important, it shows that donald trump, as he coalesces and wins more and more states, republicans are starting to turn to him and council him seriously about how to be a contender. giuliani saz he doesn't agree with everything that trump says. he provides him some council. so this is really interesting,
ashleigh, just another indication of the kind of coalescing of the establishment that we've seen from donald trump, as he talks to rudy giuliani here. >> chris frates got the assignment in vegas and a whole bunch of days before you actually have to, you know, do the work. i'm kidding with, he does the work the whole time. thank you, chris frates. let's talk more about this race and the republican strategy going forward, joining us, katie packer from the romney campaign and supports marco rubio and runs an anti-trump super pac. also joining me, scottie nell hughes. fair to say, you're backing to trump, right, scottie? >> pretty safe to say. >> so the first question is going to be for you, then. i want to put up a delegate count and the map of it. because the delegate count is where it's all at. and if you look at this count right now, you can see trump has 67, cruz is way back with 11, rubio's got 10, kasich, 5, carson, 3, others, 7. but that 67, while it looks huge, they're heading into super
tuesday. there are 14 contests on super tuesday, scottie. and texas alone has 155, i think, if i remember my math. so, look, while it looks great right now, can donald trump really do well enough to be able to go -- to pull in those 155 in cruz country? >> well, yeah, absolutely. if you add in tennessee, georgia, and alabama, plus massachusetts, all four that he's polling very well in, he's over the 155 of ted cruz. and that is assuming that senator cruz gets completely 100% votes there. which donald trump is polling just as well. ted cruz might be great in his home state. but here's the funny thing when you look at that. let's talk about investment per dollar. i think there's a lot of investors in these political campaigns of rubio and cruz that would probably like to get a refund right now. you've got cruz who spent close to $34. rubio has spent close to $25 million. and for what? second and third place? you've got donald trump spending a third of that and staying a
solid first place. and obviously, three times ahead of the delegate count. so it's all about, right now, about these investors and are they going to continue to fund these campaigns that are obviously not winning. >> all right, katie, i want to talk about that money, then, since scottie brought it up, and i'm not going to talk about what they spent, i'm going to talk about what they have left to spend right now, the cash on hand. cruz is way ahead of the pack with $13.6 million. rubio is next with $5.1 million. carson, $4.1. trump's is weird, because he's financing his own campaign, let's skip over that one -- >> well, maybe, maybe not. >> i don't mean so much skip over it, he's got plenty of dough, just that particular map, it's a strange number, only because he's been financing his own campaign. but here's the story, that's a lot of money until you start to realize that all the people who are dropping out had lots of money, too, katie. and everyone wants to know where the bush money is going to go. because there's plenty of money in bush country, and that goes
to, i don't know, say a rubio, he could do very, very well going ahead. >> i think we can expect a lot of those donors can redirect their resources other places. one thing to clarify, donald trump isn't completely self-funding his campaign. he's raised upwards of $9 million, so this claim that he doesn't raise money from people is a bit bogus. but going back to the money issue, the really important point to make here is $215 million have been spent in this republican campaign and only about 4% of that has gone to highlight donald trump's record. and his inconsistencies. and that is, i think, what's been so remarkable about this campaign, is i've never really seen a campaign, in my 30 years, involved in politics, where nobody has really attacked the front-runner with any kind of sustained, you know, protracted effort to highlight why he's wrong for the republican party. i do expect that that's going to start to happen. that these other campaigns are going to step up. our group is continuing to step up. there's a lot that voters don't
know about donald trump. he has had a huge advantage with the media, almost completely touting him, you know, every minute of the day on cable news. and that's worth a lot of money. but i do think that donors will step up, because there is a real concern that this sort of conservative of convenience that he has adopted in recent months isn't something that is going to be good for our party. >> i have to wrap it there, but i do have to add that, yes, he's had an advantage with talk time on tv, but so much of that talk time on tv and the front pages of the "daily news" have been -- >> have been negative. >> the guy has been ripped to shreds. >> and he's still number one. >> no such thing as bad press. >> got to leave it there. appreciate it, will you both come back? >> sure, of course. >> good to have you. i want you to be sure to join in. cnn's got the last republican debate before super tuesday. my colleague, wolf blitzer, best in the biz, will moderate live from texas on thursday. it's going to be huge. 8:30 p.m. right here on cnn.
up next, south carolina, round two. it's the democrats' turn. bernie sanders doing all he can to make sure that his big dreams campaign translates into big turnout on saturday. but turnout for him. all of this as hillary clinton tries to sharpen her message to cut into those big dreams momentum. this is joanne. her long day as a hair stylist starts with shoulder pain when... hey joanne, want to trade the all day relief of 2 aleve with 6 tylenol? give up my 2 aleve for 6 tylenol? no thanks. for me... it's aleve.
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i used to like that song. hillary clinton and bernie sanders facing off next in south carolina. which holds its democratic primary on saturday. cnn's latest poll of polls shows clinton with a, i think you can call that a commanding lead, folks. 57%, after her win in nevada. her campaign is now dlifring a sharper, clearer message. and taking on voters' trust issues, as well. just listen to what hillary clinton said over the weekend, as she tried to define her rival, bernie sanders. >> i don't think it's right to look a person in the eye, who's hurting, and needs help, and tell them that if they vote for you, you will get $5,000 of health care, but only have to
pay $500 for it. you shouldn't say that, unless you can really deliver it. >> there is also a brand-new bill clinton add, that is touting hillary as a changemaker. >> she is the what can i do, candidate. she is a walking change maker. you heard the president to make something happen for you. >> joining us, cnn political commentator and also changemaker, errol louis is with me now, live. i always love the opportunity to talk to you. you live and breathe this stuff. you love this stuff. >> i do. >> you're like the walking wikipedia for it. >> i love politics. >> and it's fair to say that it looks like south carolina looks like a walloping for bernie sanders. >> one little clue, at the end when he gave his concession speech after the caucuses in nevada, he never mentioned south carolina. and normally that's a prime opportunity. you're on national television,
you're supposed to sort of fire up the troops, you're supposed to sort of make the best of that time, and he only talked about super tuesday. i think he knows he's in, as the polls suggest, he's in for a hard time. >> he's supposed the guy in the caucuses that was going to blow the doors off everyone, it's his style. yet he's lost two caucuses up until now. >> let's be clear. let's give him his credit. he, very impressively, closed the gap in nevada. that was really quite something he did. he was down 20 points, and in the space of weeks, he nearly caught her and nearly overtook her. and what we saw in the exit polls, there was quite a lot of enthusiasm for what he was talking about. >> when you go to words, super tuesday, 14 states, not sure how many democrats. might be two less. >> 12 for democrats, 14 for republicans. so you're looking at 12 states on one day. it is really, really hard to have a massive machine, an organization, a ground op, in
place in that many states in one day. and hillary clinton, let's put the cash on hand out, this is awesome, the numbers are just awesome. i don't know how else to say it. she's got $32.9 million. it's more than all of the republicans combined. it really bests bernie sanders. look at that, by more than double. >> that's right. >> is that the kind of thing you need to make that ground op work on a super tuesday? >> first of all, it's not so much a ground operation once you nationalize it. that's really what super tuesday is about. if you're talking about alaska or american samoa, you're talking about americans abroad as well as texas and georgia and alabama, you -- realistically, you're not going to have a ground operation in all of these places, unless you have support from the local party organizations, then that, i think, even more so than the money, is going to be where hillary clinton has a distinctive advantage. county organizations, local elected officials have already committed to you, then that's money that the campaign doesn't have to spend. that partly accounts for some of the cash balance.
but let's keep in mind also, that the difference between 14 and 32, is not all that great when you're raising money at the clip that bernie sanders is. and when you can raise $20 million in a month, he's a few weeks away from sort of, at least, coming up with some of the raw dollars. >> he calls his speeches, his fund-raisers, it's amazing. he could raise $10 million or something, you know, in one night. >> that's right. and a lot of this is the calendar working against bernie sanders. honestly. because a lot of clinton's supporters have already maxed out. so she can't necessarily get back to all of them. that $32 million isn't necessarily going to change from those same people. bernie sanders is collecting money, you know, 27 bucks at a time, 45 bucks at a time. >> i just got an e-mail, get all the e-mails from all the candidates asking for 15. jump in, throw your 15 me, help me get this party started. >> that is right. >> errol, always great to have you. come back. every day. invitation's open every day. errol louis, appreciate that. got a programming note for y'all, it is the democrats' turn to face south carolina voters,
just days before the party primary, the candidates make their case at the cnn south carolina democratic presidential town hall. it is tomorrow night. 8:00 p.m. eastern time. set your watch. it's going to be moderated by our own chris cuomo. i'm here to get the lady of the house back on her feet. and give her the strength and energy to stay healthy. who's with me?! yay! the complete balanced nutrition of great tasting ensure. with 9 grams of protein and 26 vitamins and minerals. ensure. take life in! (vo) making the most out of every mile. that's why i got a subaru impreza. love. it's what makes a subaru, a subaru.
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enter the x1 voice remote. now when someone says... show me funny movies. watch discovery. record this. voila. remotes, come out from the cushions, you are back. the x1 voice remote is here. bill cosby's lawyers tried to prevent this from happening, but his wife, camille cosby, is going to be deposed. in fact, it's happening right now, folks. today, in massachusetts, attorneys for the eight women who have sued her husband for defamation are getting a chance to ask cosby's wife some questions. the women claim that bill cosby let his defense team paint them as liars after they came out, accusing him of sexual assault. jean casarez joins me now live. she's been following this story
from the get-go. this is sort of a classic defamation case. however, it's not normal to get a wife involved in a deposition. is this because she was a business manager of some kind? >> exactly. and it's so ironic. just as you said, the deposition, we believe, is going on right now inside a hotel, in springfield, massachusetts, but how this all happened is really ironic, because this was a straight forward defamation case from the eight accusers that believed they were defamed by bill cosby, who allegedly through his people said, you're lying in what you're saying about us. well, cosby turned table, ashleigh, and late last year, filed defamation claim against all these women, saying, you're defaming me, actually. because of that, they then called camille cosby, because she's his business manager. if you're defamed, your business is going to go down, right? you're going to have damages. >> you could ask her questions about the conversations related to business that they had, but you can't ask her questions
about their pillow talk. >> then you get into the nuances of massachusetts law. confidential communications between a husband and wife. the judge actually originally ruled that some of the things she may be asked of and they won't become testimony in court, but it could lead to discoverable evidence for the plaintiff's attorneys. in other words, maybe some of those questions that we believe would be offlimit, they're going to try to ask. >> i hate to say this, but i almost think if this deposition is happening at this moment, you could have a drinking game with the number of times you're going to hear "objection." it would be insane -- >> and the pattern to all of these depositions, beginning with andrea constand in 2005, the majority of the questions were not answered, so then the plaintiff's attorney had to go to a judge, to get a judge to compel, and a second deposition took place to really get some answers. >> these are two countersuits of defamation. all of these women have to not only act as plaintiffs. and truth is the ultimate
defense. so if at any point camille cosby says, well, these things might have boom, they've nailed their case, but then they have to be defendants against, against him? >> mm-hmm. >> same kinds of conversations, can depose her one more time? >> you can have it going both way. >> would one cancel the other out? >> i guess it becomes a chess game. when bill cosby filed defamation against these women, that opened the door for his wife, who's 71 years old, going to be 72 years old in a month. >> my mom is 77, she could whip any many chess. she's brilliant. i don't give that in -- you can whine and complain that somebody's a little old lady, but she's a very strong and able and smart woman and many people in their 70s are. but they are using that, didn't they? they did that use to the judge to say, we want to delay this. >> they did, but it didn't -- >> keep on it. >> and the question is, is it going to be sealed, the answers that she gives.
>> of course you would have to say that. that you might not be able to see any of this, after such an exciting day to move this case forward, get some resolution and clarity on what happened. jean casarez, thank you for that. thank you for watching, everyone. stay tuned, "wolf" starts right now. hello, i'm wolf blitzer. it's 10:00 a.m. in las vegas, 1:00 p.m. here in washington, 10:00 p.m. in damascus, syria. from wherever you're joining us, thanks for joining us. we begin with the presidential race. the republicans hitting nevada, the democrats looking ahead to south carolina. three of the five remaining republican hopefuls are in nevada today. that's the short-term focus. long-term, it's the march 1st super tuesday primaries. meanwhile, on democrat's sides, hiar