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LEGAL VIEW WITH ASHLEIGH BANFIELD

Lindsey Graham Exits GOP Race; Syed Farook Friend Appears in Court; Texas Police Seek Affluenza Teen, Mother; Miss Universe Pageant Mistake. Aired 12:30-1p ET

Aired December 21, 2015 - 12:30   ET

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


[12:30:01] KATE BOLDUAN, CNN ANCHOR: He's not ready to endorse anyone and I think honest it become pretty clear in the interview he sill chewing it over. He did make clear thought -- whatever candidate he would endorsing, it would have to best candidate in his view to be the commander in the chief. That is not surprising.

What is interesting is he also added to me, that it's also is someone who can win, and that is something that he's clearly chewing over.

On the Donald Trump question, I asked him every clearly would he -- if it come down to Donald Trump versus Hillary Clinton, who would you support? And he said, I will support the Republican nominee. I can't have it both ways, which is going further than Jeb Bush has not been ready to say that.

ASHLEIGH BANFIELD, CNN ANCHOR: I'd be fascinated to find out what he would think if Hillary Clinton became president, would he serve in the cabinet, because we've had lots of crossover secretaries of defense et cetera so that would be a fascinating mix.

BOLDUAN: I wouldn't be surprise. Yeah.

BANFIELD: Good job, Kate. Nice little Christmas present for you.

BOLDUAN: Thanks Ashleigh. Good to see you.

BANFIELD: Coming up next, the friend who bought those guns that were used by the San Bernardino killers is about to go before the judge, the only person who's going to go before a judge in that massacre. So, is there any chance he may walk away on bail while awaiting trial? Hear what the attorneys in the case have to say.

(COMMERCIAL BREAK)

BANFIELD: In less than an hour, a federal judge in California is going to decide if that friend who gave two assault rifles to the San Bernardino shooters is going to be sprung on bail. He is facing some extraordinarily serious chargers. So flight risk is a big issue.

Investigators say Enrique Marquez provided those weapons that were used by his friends Syed Farook and his wife his wife Tashfeen Malik, in the December 2nd terrorist attack that killed 14 people in Southern California. [12:35:07] Marquez has charged with several accounts and they include conspiring to provide materiel support to terror, making a false statement in connection with the acquisition of those firearms, and immigration fraud by entering into a fake marriage with a member of Farook's family.

The FBI says he and Syed Farook plotted to shoot up a community college and throw pipe bombs into rush hour traffic, all of this back in 2011. Luckily they did not go through with that, apparently they got spooked by people being arrested around them for other kinds of plots.

Our Kyung Lah is live at the courthouse now. First of all, I cannot imagine that someone who is in this world of trouble, who seems as unstable unstable as he seems would ever get bond, but that is the conversation for the lawyers and judge today, right?

KYUNG LAH, CNN CORRESPONDENT: And it's a conversation that its schedule to start in less than 30 minutes Ashleigh, is they detention bond hearing that is scheduled to take place. The lawyers are just arriving now into the courtroom, and we already know what the U.S. attorney's office is going to ask, because they filed a request to hold him until trial.

The reasons, this is a violent crime where there were many murder victims, but the other reason is that he is considered "A serious risk that he will flee." A serious risk that the defendant will flee, those are the reasons that the prosecutor's office is going to ask the judge to hold hi. And you're right and that the judge will hold him, and you're right Ashleigh it is difficult to imagine that given the severity of this crime, give that the community that was so heavily affected and deeply affected by this crime is where Marquez lives. It is hard to imagine that he's going to be released back into the community.

BANFIELD: Kyung, I don't know if you know the answer to this, but I can only imagine what kind of detention setup he has now, but typically the high profile customers in the county lockup or the federal lockup usually have to have unbelievable protection, and now you have a guy like this, who is the only person that they are holding in connection with a massacre of Americans.

So, can you walk me through any of the security protocol or are they keeping that really close to the vest?

LAH: They are keeping it very close to the vest, but we know that he is not held here in the County Prison or the Federal lockup here. What we do know is that after his hearing he was sent to Los Angeles to the downtown federal courthouse to that lockup.

There are different security protocols there, and we can imagine that it may be, you know, more extensive, because it is the center of Los Angeles, but we do know he was sent over there, he was not held her at the County Jail. That's really the only clue that we have and so on what type of security that is facing and whether or he's being kept separate from the rest of the population. We're just not getting that sort of confirmation.

BANFIELD: And we're not going to get cameras in that federal courtroom either so we'll have to rely on the sketch artist and good people like you Kyung Lah, recount for us what it looks in the room. Thank you Kyung Lah, live for us in California.

This man, who apparent provided rifles to its friend that where used in that shooting, may actually be sprung today, though I've got to be honest, I highly doubt it. There's the bail issue whether he gets it or not and then there's how is it and can you afford it.

Danny Cevallos, Midwin Charles are both here with me. So those are two issues, the affordability of what ever bond might set. But quick frankly, when you have a person who A, is this much of a possible flight risk and B, seems to be somewhat dangerous to himself. Danny, what do you think the odds are?

DANNY CERVALLOS, CNN LEGAL ANALYST: No one could even predict when it comes to bail hearing. But these are the general principles in federal court and they're highly regulated.

First, the courts going to consider all these factors that we've been talking about. The seriousness of the offense, the amount of evidence against him and even things like his mental health, those are factors that are consider.

But the Bail Reform Act requires bail unless no set of combinations can ensure number one that the defendant's appearance inside trial, and number two the safety of the community at large. So then, in addition to that, there are certain circumstances where a rebuttable presumption arises that this defendant should be detained and one of those is where the statutory maximum penalty is more than 10 year. That is what we have here, that plus all of the other factors that are very strong against this defendant leads me to think that we are probably going to be see that he is detained.

BANFIELD: And so Midwin, we have to remember he is not alleged to have committed these murders. So, let's remember while he is the only person right now being held, you know, allegedly responsible for this. He did not pull the trigger. So that bring in a whole other level of whether he should get bail. Will they consider that part this?

MIDWIN CHARLES, CRIMINAL DEFENSE ATTORNEY: I mean they might. I mean, I think Danny is correct in the sense where the courts are going look at a lot of different factors as to whether or not he gets bailed.

[12:40:06] But what I find most interesting here is that what the prosecutors are going for is ensuring that he doesn't get bail, because he does pose a flight risk and also a danger to the community. And what's interesting is what makes the federal bail differently than state bail is that, there is no fixed amount. So the amount -- there's not fix amount in federal court as suppose to state court. So the amount could be very high or not.

BANFIELD: Do whatever you want.

CHARLES: Exactly, it's usually...

BANFIELD: You are the judge you got the discretion.

CHARLES: Exactly, you have discretion. Now that discretion often is informed by the recommendation of a pretrial services report, which is done by the pretrial services offices where they interview this person and family and submit a report to the court.

BANFIELD: OK, interesting you should bring that up because my guess is that in those pre-hearing analyses, they are going to be reading the transcripts from the 911 call that Enrique Marquez made after the mass murder in which he was discussing with the operator about killing himself, and she asks or he asked, what's wrong, why do you feel like you want to kill yourself, what's going on? And he said, I don't know, my neighbor, he did the San Bernardino shootings, they could trace all the guns back to me.

So if he's that volatile. I mean, a danger to himself that they were talking about suicide, does that factor in whether he's dangerous to himself as well and needs to be held in protection of himself.

CEVALLOS: The statute requires that the court consider one of -- among those factors the defendants mental health. And you talk about the 911 call, that is just one small part of the universe of testimonial type evidence this suspect has given either in a 911 recorded call or in statements that he gave to special agents and federal investigators.

When you read the complaint which is available online at the DOJ's website, you see that he gave extensive statements implicating himself, and all of those statements found their way into the criminal complaint. All those things are going to be things that the court will end up consider, and a lot of the evidence against him is evidence that came from his own mouth.

BANFIELD: All right.

CHARLES: And as you know, those statements can be used against him. Now remember, Ashleigh the purpose of bail is to ensure that he going to be showing up.

BANFIELD: That he show up.

CHARLES: These guys have to shop up on that next court date.

BANFIELD: Yeah. All right, Midwin Charles thank you for that. Danny Cevallos, thank you as well.

So, we're going to stay on these developments and get you a breath of every new piece of news that comes out about and Enrique Maruez. He's scheduled to be in federal court as Kyung Lah was reporting about little less than 20 minutes from now so we're watching that very closely.

In the meantime, Texas police say that the case of that rich kid probation for a deadly drunk driving crash has now erupted like a volcano. And his latest stunt has done even more furious. We're going to update you on the search for Ethan Couch who is missing along with his mom and their very fancy trunk. Got a picture of the trunk and the license plate and we're going to update as to what she might be facing as well in all of this.

(COMMERCIAL BREAK)

[12:46:14] BANFIELD: Texas police are asking for your help to find an 18-year-old and his mom, who have both infuriated the authorities and the public pretty much at large. You may recall this young gent, his name is Ethan Couch. Here he is showing up at the courthouse. He was 16 years old when he drove drunk and plowed into four people who were on the side of the road trying to get a disabled vehicle going.

That is in 2013 and instead of prison time, the judge gave him a massive break, probation. And it was all based on that affluenza defense meaning that he was just a rich kid whose parents didn't set limits for him, so boy, did he really know what he was doing was wrong?

It turns out after the big break, he went missing. And his mom went missing, too, and that is a big old violation of probation, and it maybe a violation for this woman as well.

At a news conference last hour, police released these photographs of his mom's truck. Tonya Couch has this black Ford F-150 with the Texas license plate BC-50945. Let's repeat, BC-50945 and hard to read it there, but you heard it clear.

They are hoping that this missing truck will lead them to the missing mom, and that the missing mom may be with the missing son.

Alina Machado joins me live now along with CNN Legal Analyst Danny Cevallos. So, a news conference earlier Alina to show this trunk the imagines, the fancy wheel, the mark on the side of the truck, it sounds to me like they may have a clue, but other than a truck, they are have no idea if they are even in the country.

ALINA MACHADO, CNN CORRESPONDENT: Yeah, Ashleigh, they really don't know where they are, and it's worth noting that the fact that Ethan Couch is missing now, doesn't come with a surprise to authorities in Texas. In fact the sheriff says that he knew something like this could happen when Couch was only sentenced to probation for killing those four people back in 2013.

Now, authorities in Texas are actively tracking down every lead they get, hundreds so far, hoping to find Ethan Couch and now his mother Tonya about an hour ago as you mentioned they release pictures of that dark colored Ford F-150. The truck belonging to Tonya Couch, they also posted her picture on social media and they say she is now listed as a missing person .

The sheriff was asked if she is not considered a suspect and here's what he had to say about that.

(BEGIN VIDEO CLIP) SHERIFF DEE ANDERSON, TARRANT COUNTY, TEXAS: To be honest with you, this one we can't even prove that they're together. We certainly believe they're together, we certainly have -- and reasonably that. But as I've said previously and I'll continue to say, if we can find out that she helped him at all, I assure you we will file criminal cases against her, the D.A. is in full agreement with this and we will prosecute her as fully as we can, if she helps him at all.

(END VIDEO CLIP)

MACHADO: Now, the sheriff would not elaborate on what those charges could be, but we know that the district attorney wants to have Ethan Couch transferred to the adult court where he could face prison time for this probation violation. It's worth noting the FBI and the U.S. Marshall's office are actively involved in the case. Ashleigh.

BANFIELD: Alina, thank you for that. Danny Cevallos, let's take a wild guess here about those charges that the mom could face, aiding and abetting, harboring a fugitive, what else is on the menu?

CEVALLOS: On the criminal side harboring a fugitive is a crime in the state. So she could be with that. In addition when you have juveniles placed on probation, frequently in Texas, the parents are essentially place on probation, because they have requirements, too. They maybe the resident home where the child lives, they may requirements like curfew, and other obligations under the court order.

[12:50: 05] So, in addition to committing a separate and distinct crime of harboring a fugitive, this parent may also be in violation of the probation order, depending on whatever that probation order contains. But the minute that this defendant failed to check in, he was in technical violation of a probation order.

BANFIELD: Yeah, and he has skipped town, and isn't just off at the spa, he is the world of hurt and that's a 10 year sentence, that's a 10 year probationary sentence, whatever is left of it, he would go back and claim (ph) for that.

CEVALLOS: One of the things you do not want do is go back, if you want probation to end up back in front your back judge.

BANFIELD: He retired.

CEVALLOS: Yeah, well then...

BANFIELD: But the other judge has hate him just as much.

CEVALLOS: I'm sure everybody is aware of this probation.

BANFIELD: And there's no charge for annoying the hell out of public is there.

CEVALLOS: Afraid not, afraid not Ashleigh.

BANFIELD: Danny Cevallos, thank you for that. Alina Machado, thank you as well. Appreciate it. Want to check some of these headlines for you now. All public school public schools in Nashua, New Hampshire, are closed today and end up nothing to do with politics. Instead the district receive and e-mail with the detail threat of violence direct to high schools. Officials don't know how credible that threat is that they ask all students to stay home out of an abundance of caution. Classes are set to resume tomorrow two private schools are also closed.

Yes, for search and rescue operation is underway in China after a massive mudslide, they are damage 33 building out an Industrial Park in Southern city of Shenzhen. Chinese state media are reporting that more than 80 people are missing and at least 16 people are in the hospital.

A major shake up in the world of sports. Soccer, world governing body is suspending the FIFA President named Sepp Blatter and his UEFA counter part Michel Platini. Suspending them from all football related activities for eight years. FIFA ethics committees cited violations related to conflict of interest, breach of loyalty and gift.

Mr. Blatter said he vow to fight this ban insisting that he is a man of principles.

Coming up next, the miss universe winner is not who think it is or at least certainly wasn't whoever body though it was. Here's the most awkward situation of the day. The name pageant host Steve Harvey called out, followed by big "Oops" and then the woman who ended up getting the crown eventually.

So want to see it all happened, stick with us.

(COMMERCIAL BREAK)

[12:55:43] BANFIELD: If you want to talk awkward, everybody is just about everybody is talking about the Miss Universe Pageant today and here is why. The winner is -- take a look.

(BEGIN VIDEO CLIP)

STEVE HARVEY, MISS UNIVERSE HOST 2015: I have to apologize. The first runner-up is Colombia. Miss Universe 2015 is Philippines. This is exactly what's on the card. I will take responsibility for this. It was my mistake. It was on the card.

(END VIDEO CLIP)

BANFIELD: Ouch. Ow, ow, ow. The crown coming off, moving over to the left. The host of the evening Steve Harvey Tweeted out this, and I will quote him, "I'd like to apologize wholeheartedly to Miss Colombia and Miss Philippines for my huge mistake. I feel terrible."

By the way, the former owner of the pageant Donald Trump tweeted out. "Very sad what happened last night the Miss Universe Pageant, I sold it six months ago for a record price. This never would have happened." Steve Harvey never would have been making a mistake under Donald Trump watch, is that he thinks? BRIAN STELTER, CNN SENIOR MEDIA CORRESPONDENT: Have you been practicing that Donald Trump voice?

BANFIELD: It's in my head. I can't get rid of it. Brian Stelter joins me. OK, look obviously...

STELTER: Let say it's been impressive.

BANFIELD: So awkward, so uncomfortable that a lot of people right away seized on this, as I smell a rat. This is not honest and genuine television.

STELTER: It's a moment that's in live in T.V. infamy, and YouTube infamy too. You know, folks who didn't see it live and watch it on Twitter and Facebook and YouTube and are now rewatching it. There aer some things conspiracy theories out there, people thinking this all felt a little too perfect, too horribly perfect.

BANFIELD: Yeah.

STELTER: It's given a lot of attention of Miss Universe. I'll tell you why I don't believe this was stage. I think it could pay Steve Harvey any amount of money to embarrass himself the way he was embarrassed by this. He's already a multimillionaire. He doesn't need the money from this. This is something that not quite a tombstone writing, they can written all the tombstone. But it is going to be, you know, on the wikipedia page forever, it was hugely embarrassing for him and it does go to show doesn't it the perils of live T.V.

BANFIELD: Whatever...

STELTER: This is harder than it look.

BANFIELD: I've been doing -- I once dropped the F-bomb here. Don't go looking for the tape and it was like boy it was three decades ago.

STELTER: You know, even Ryan Seacrest was mis-announced to the "American Idol" a winner, one of those are American Idol. So, it does happen once in awhile. But nowadays these things go viral...

BANFIELD: Yeah.

STELTER: Somewhat more quickly. So it's more embarrassing to the person who did it.

BANFIELD: So, here's the deal though. You and I would not be covering the story, those pageants have done the way of the dinosaur. You know, most people don't even care anymore who wins. And there are so many different pageants out there as well. So those are the top (inaudible).

STELTER: Yeah, it's true. The ratings have been kind of downward trajectory.

BANFIELD: So does this do anything for the pageant other than get it on television all day today. But not in the way you want it, because it is not making them look better.

STELTER: I think it makes the contestants actually really, really strong. I mean, look how they handle this situation, both of them were gracious.

BANFIELD: Stunned.

STELTER: Stunned, shock.

BANFIELD: There's only one way you could look when you're stunned.

STELTER: But, you know, the crown was handed over, there was any drama among the contestant.

BANFIELD: That's right.

STELTER: The only drama was really amongst Steve Harvey who made the mistake.

BANFIELD: Yeah.

STELTER: It is defense. That card looks the printing -- the writing was pretty small on the index card.

BANFIELD: That's true.

STELTER: The word "First runner-up," you see the world first maybe that's all you see.

BANFIELD: Yeah.

STELTER: He instantly announced the wrong winner.

BANFIELD: The lesson of the day.

STELTER: I could see it.

BANFIELD: Rehearse that, even if you have a second in a break to rehearse that final moment.

STELTER: Practice makes perfect.

BANFIELD: The judges make the decision.

STELTER: You know Trump says both should be the co-winners, I don't think that's going to happen.

BANFIELD: I don't think it is. Not everybody gets a ribbon in life. Thank you, Brian.

STELTER: Good to see you.

BANFIELD: Same to you too, thanks.

Thanks for watching everybody. It's been nice to have you with us today. My colleague Wolf Blitzer takes over right now. [13:00:00]