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Refugees Break Through Police Lines, Run for Lives; County Clerk Kim Davis Released from Jail; Mike Huckabee, Attorney Speeches on Kim Davis Jail Release. Aired 2:30-3p ET

Aired September 8, 2015 - 14:30   ET

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


(BEGIN VIDEOTAPE)

[14:30:00] ARWA DAMON, CNN SENIOR INTERNATIONAL CORRESPONDENT: They couldn't take it anymore. Young, old men, parents with families, all breaking through, and now also being pursued by the police force through this cornfield.

This all kicked off about a half an hour ago. And there are people who have been carrying their children. There are some elderly among these crowds. These are people who at this stage are literally running for their lives.

They took a risk when they broke out of the camp. They knew that. They were terrified of what the police would do. And now they are not only afraid of being caught but of what their potential punishment might be, and of being brought into those camps that they did not want to go into, especially not after having had to wait in those fields for so long.

Not yet. We haven't yet. They did manage to catch a few people who were stuck in the back, but, yes, they don't want to get caught. They don't want to go back into the camp. They don't want to wait to be fingerprinted. They're afraid that the police will use force to try to bring them in. All they really want to do is somehow get out, keep their journey going, which is why so many of them were so frustrated with the wait, because they were being held in these horrific conditions in this one holding area.

But they also are afraid now because they did this that perhaps they will somehow be punished. These are people who are so desperate, they just want to get going. They just want to get to Germany. They just want this epic journey of theirs throughout Europe to actually finally end. That they will go to these lengths if that's what they need to do to try to break out of certain areas. We've seen this on a number of occasions. We saw this when there was a big standoff in the train. We saw this when people decided to walk for eight, nine hours along the highway just to be able to get to Budapest. These are the actions of a desperate people.

There isn't a plan. This all happened all quite suddenly. This holding area was the area they were all brought into right when they cross over from Serbia into Hungary. They were just fed up. The buses weren't coming quick enough. The conditions there are abysmal. They decided to take matters into their own hands. They don't want to wait anymore or be held back anymore.

(END VIDEOTAPE)

BROOKE BALDWIN, CNN ANCHOR: Absolutely incredible reporting from Arwa Damon. We have more next hour.

Next, new details on a vicious hit of a high school referee. Two players in a high school game. What could be behind that hit?

Also a major development out of the city of Baltimore. They are proposing a multimillion dollar settlement with the family of Freddie Gray. But how might that impact the police officers indicted in Gray's death. We'll discuss.

This is CNN.

(COMMERCIAL BREAK)

[14:36:32] BALDWIN: Here we go, Kim Davis, Rowan County clerk, walking out of the detention center here. Let's listen in.

(SINGING)

(APPLAUSE)

(CHEERING)

BALDWIN: As we stay on this picture, let me bring in our correspondent, Martin Savidge, there in the midst of this crowd.

Martin Savidge, can you hear me? I understand Kim Davis is standing out there along with Governor Huckabee and his wife. Are they addressing the crowd?

MARTIN SAVIDGE, CNN CORRESPONDENT: You know, I'm blocked by a sea of flags and signs. So I cannot see what you're looking at. I can only barely see the rooftop of the detention center. Clearly the crowd hasn't indicated in a way that they know that Kim Davis is up there. Something is reverberating throughout this crowd but there's a great sense of anticipation as to what exactly is happening. And what does it mean?

BALDWIN: All right. I'm looking at it from my vantage point and I see a lot of cameras and supporters. It's important to speak to how she feels and how strong the support is for her in this crowd in Kentucky that she, you know, wants to stand by her conviction not to sign the same-sex marriage licenses.

SAVIDGE: It's true. Most of the people here are clearly in came Davis' corner. That shouldn't be considered a reflection that everybody in this area agrees with what she did. They don't. There's a significant group of people that are not here that would say, look, you have a job, you've sworn to uphold part of that job and by not issuing those licenses, you're falling down on that, which you said you would do. Not everyone has agreement but certainly in this crowd they support Kim Davis. They want her to know that it's a bonus for them that Kim Davis is going to be set free.

BALDWIN: Being set free. And we heard from her attorney, who I'm sure will speak as she's being released, saying, you know, that his client will not compromise her conscience.

Martin, stand by. We want to stay really close with you. As soon as we get a visual on Kim Davis and Mike Huckabee, we'll join in.

But, Sunny Hostin, I have your voice joining us, a legal analyst.

Sunny, you've been joining us. As people are tuning in, let me tell you, this county clerk who did not want to issue the same-sex marriage licenses who has been held in contempt of court and has been held until seconds ago as the judge has ordered her release because the office has been abiding by the law. The deputy clerks have been signing off on same-sex marriage licenses. The question right now is, when she returns to work and she's the boss, will she go back to her original stance of, you know, not being in compliance with the law?

[14:40:10] SUNNY HOSTIN, CNN LEGAL ANALYST: That really is the question when the judge released her in his order, he made it very clear that the reason she was being released is because the other deputy clerks were willing to follow the law. They were issuing the marriage licenses. So according to the court, the law was being followed by the court also made it very clear that if she goes back to work and is in any way obstructionist and causing these marriage licenses not to be issued, then I think she could land herself very well in the same position that she's been in, in the last couple of days, which is in a jail cell.

So to be clear, those that are saying that this is a legal victory for Kim Davis, that really isn't accurate. And I think when you really look at it, it is shocking, considering sort of the hypocrisy that many people have pointed out, the fact that she's been married four times, the fact that she has had children out of wedlock. To consider her the voice of the moral majority I think has outraged many, many people in the public.

So to be clear, the law is being followed. But if she does anything to, you know, she's going to end herself back in jail.

BALDWIN: There's going to be a rally at any moment. Kim Davis will be speaking as well as Mike Huckabee. His chief personnel, Alice Stewart, and she said that whether he was running for president or not, he would have been there on the ground in Grayson and supports and stands by her as she returns to work.

Sunny, what about -- you know, I don't want to get into a federalism argument. What about a religious freedom argument? What about her argument, she wants that religious accommodation. That's what we're hearing from her lawyers. What do you make of that?

HOSTIN: You know, I think there's real validity to it. People have the right to believe in a certain faith. But when you take the position that is counter to the law, then that doesn't work. And so I think she can get this religious accommodation in her current position.

BALDWIN: She's an elected position.

HOSTIN: She's an elected position. So perhaps a religious oh accommodation can be made for her but that religious accommodation cannot prevent others from enjoying their constitutional freedoms. The Supreme Court made it very clear that same-sex marriages are the law of the land. They are legal. And so her religious freedom doesn't trump every other, you know, same-sex marriage couple that is looking to enjoy the same constitutional rights that we all enjoy.

BALDWIN: With regard to these marriage licenses -- thank you.

I was just handed a piece of paper. Let me read this. Sunny, we have a statement from the ACLU. Let's see. William Sharp, legal director of ACLU, Kentucky, representing the plaintiffs in this case. This is their quote: "This case was brought to make sure that all residents of Rowan County, gay and straight, could maintain licenses, and that goal has been achieved."

That's right, because, as you point out, Sunny, these deputy clerks have been issuing the same-sex licenses. I wonder if there's any sort of compromise or not. The deputy clerks continue to issue the same- sex marriages. She continues to fulfill her roles. I'm wondering if it's just a slight sliver of her role is actually overseeing the marriage licenses, if she opts out of that, would that be OK?

HOSTIN: You know, in my view it would be OK in terms of the religious accommodation that she seeks. If she doesn't want to resign from her elected position, the people have elected her but she has to fulfill that position. Bottom line, Brooke, I think if she chooses to not issue any marriage licenses, gay or straight and perhaps then do other parts of her job, I'm sure there are other parts of her position that she can fulfill, I think that that would be appropriate under the law. However, I caution everyone, again, if she in any way interferes with the issuing of any licenses, gay or straight marriage licenses, and directs any of the five clerks not to issue the same-sex marriage licenses, you know, I think that she will again be in contempt of lawful court orders. We can't hold elected positions and then pick and choose which law we're going to follow. That is -- that leads to anarchy. That's just not how our system works.

[14:45:17] BALDWIN: Sunny Hostin, thank you.

Let's get a free shot, Alan.

Paul and Joey are here with me.

I'm sitting here, I'm listening to Sunny, and I'm wondering, if the thought that she could return to her work and, as her lawyer has said, she will not compromise her conscience, which makes you wonder if she then would go back to her original stance and not want to issue these the same-sex marriage licenses.

Hypothetical, fellows, she goes back to jail, who ultimately can jump in and stop this back and forth, and either -- she's an elected official. So ultimately is it the governor?

PAUL CALLAN, CNN LEGAL ANALYST: Well, there are several areas that you could go to here. Yes, the governor could issue an executive order and change the exact rules for issuing marriage certificates but he said, in his opinion, that's not legal. You can call the Kentucky legislature into session to either change the law or remove her from office by way of impeachment. Now, I'm betting that in Kentucky you wouldn't get a majority vote to impeach her because a lot of people are in Kentucky would think that from a religious standpoint they agree with her. It brings us back to this concept that the courts were very reluctant to get into this area of same-sex marriage and to get ahead of democracy in this area because there's strong public opinion both ways on the issue.

BALDWIN: Yeah.

CALLAN: You like really to have a clear consensus before you move and the court ultimately has decided here, you know something, the constitution requires it. We're not going to wait for democracy. And I think in the aftermath of that, now we're seeing what happens when you don't have substantial agreement. Presidential candidates gathering, you know, to fight in favor of the clerk. I think she's going to derive support and courage from the demonstrators and may, in fact, continue this protest.

(CROSSTALK)

BALDWIN: Let me jump in.

JOEY JACKSON, HLN LEGAL ANALYST: Sure.

BALDWIN: We know Governor Huckabee, who is running for president, he's been meeting with her at this detention center. I'm told that he has said, "Thanks to this great lady, Kim Davis, her beliefs are more important than her own freedom. People are tired of tyranny, of judicial action. She has shown more courage than most politicians I know." This is Governor Huckabee speaking out about Kim Davis. "We stand with Kim today. She was killing to go to jail. If somebody needs to go to jail over this issue, I'm willing to go in her place."

JACKSON: Brooke, we're a society --

(CROSSTALK)

BALDWIN: And here he is. There's Governor Huckabee. There he is, in the navy jacket, just outside those front doors. We're watching and waiting for a rally.

Please, sir, forgive my interruption.

JACKSON: This is a wonderful country, Democrats, Republicans, Independents, be who you want, say what you want. But the reality is, at the end of the day, we are a society of laws and those laws have to be attended to and abided by and in the event that you feel that your religious freedoms -- and I say this not by way of opinion but by way of legal interpretation, in the event that you feel that your individual choices are somehow offended by whatever law you have to uphold, there's an easy remedy that he is to step away. As long as you hold an office which is public and that office prescribes you an office of duties, going back to Sunny Hostin's point, a very good one, we don't get to pick and choose which things we do. At the end of the day, you need the uniformity. Otherwise, it would be a very problematic society, indeed.

BALDWIN: I understand Governor Huckabee has tweeted. We'll put in on the screen. He has just met with Kim Davis. There's the photo of all of them. He tweets, "I was honored to meet with Kim Davis, a woman of such strong faith and conviction. #ImwithKim, #religiousliberty.

We're also learning that Kim Davis' attorney says she is indeed returning to work.

Quick break. What all of this means we'll --

UNIDENTIFIED MALE: Ladies and gentlemen, please welcome to the stage at this time --

BALDWIN: Let's go live.

UNIDENTIFIED MALE: -- Attorney Mat Staver, Liberty Counsel, and Governor Mike Huckabee!

(APPLAUSE)

(CHEERING)

(SINGING)

[14:50:14] MAT STAVER, LIBERTY COUNSEL ATTORNEY REPRESENTING KIM DAVIS: Can you hear me?

(SHOUTING)

STAVER: All right. I don't know if you can hear me out there. But your sight is beautiful and Kim Davis could hear you inside the walls of this jail.

(CHEERING)

STAVER: We both have an important announcement to make regarding Kim Davis.

And before we do, you will have a chance to see Kim in a moment. We have an announcement.

(CHEERING)

HUCKABEE: And it is this.

STAVER & HUCKABEE: Kim Davis is free!

(CHEERING)

(APPLAUSE)

STAVER: Kim will be coming out at the very end of the program to say thank you. She's not going to comment on the case. She's not making any direct media statements today. We want to respect her today as she's getting out of jail for the first time in six days. And for the first time today, in six days, she's been able to hug and kiss her husband, Joe.

(APPLAUSE)

STAVER: We want to allow her to have some time today and tonight with her husband. But she does want to come out at the end and thank all of you. And then for the media we will be talking to you and making whatever arrangements that we need to as we move forward.

So we're going to start the program and Kim Davis will come out at the very end to say thank you for your prayers and for this amazing day.

Thank you.

(APPLAUSE)

BALDWIN: All right. That was Kim Davis' attorney and Governor Huckabee. Kim Davis is free.

Let's go back.

UNIDENTIFIED MALE: -- a politician, a pastor, a preacher or a presidential candidate, we have come out today to celebrate the release of Kim Davis. Somebody say amen!

(APPLAUSE)

UNIDENTIFIED MALE: We don't need the Supreme Court when we serve the Supreme Being!

(CHEERING)

UNIDENTIFIED MALE: Before we begin today, we want to not only welcome you but welcome those that have traveled from around the world to be here. We want to recognize Steve Nipper, the Republican nominee for secretary of state. Would you put your hands together for him?

We say thank you to Keith Fornier, Catholic deacon, president of the Good Foundation and editor-in-chief of Catholic Online. Thank you for being here.

We want to say a thank you to Pastor Dale Masingale (ph), of Pleasant View Baptist Church pastor for organizing this event.

BALDWIN: Governor Mike -- there's Senator Ted Cruz. As we saw, Governor Mike Huckabee was there. He met with Kim Davis inside.

Quick break. We know Kim Davis is headed back to work, but before such, she'll address this crowd, supporters outside of the detention center in Kentucky. We will be right back.

(COMMERCIAL BREAK)

[14:58:13] BALDWIN: We are continuing our breaking coverage here on CNN. I'm Brooke Baldwin. Thanks for being with me.

At the top of the hour, I can tell you the headline is this: Kim Davis is free. And her attorney, presidential candidate, Governor Mike Huckabee, proclaimed that together moments ago.

Moments ago, the Kentucky clerk who refused to issue same-sex marriage licenses walked out of jail. She's expected to make a statement very shortly. We'll go there as soon as we see her.

To back up, a federal judge ordered Davis' release saying her office in her absence has complied with the court because the deputy courts there have been granting licenses to same-sex couples. As I mentioned, she's been absent because she's been behind the brick walls at the Carter County Detention Center. Now Davis' attorney saying that this does not resolve the fact that she does not want her name or office seal on same-sex marriage licenses.

(BEGIN VIDEO CLIP)

STAVER: It doesn't give any more resolution to this case than what happened last Thursday. We've asked for a simple solution. Get her name and authority off the certificate. A judge can order that. Kim Davis will not compromise her conscience over this issue.

(END VIDEO CLIP)

BALDWIN: The news of the release comes as the Rowan County elected official is getting some high-profile visits. Mike Huckabee and his wife, Janet, met with Kim Davis and Senator Ted Cruz is also there and in the crowd in Grayson, Kentucky.

I have Martin Savidge who standing by in the crowd.

Get in my ears and tell me if Martin is available to chat. If not, I'll pivot and talk to these --

Martin is ready. There we go.

It's a big crowd. A lot of moving parts right now, Martin Savidge. So what's the tick tock? When will we hear from Kim Davis? Do we know?

SAVIDGE: Actually, Kim Davis has already come out and already spoke, and it was really very low key.