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LEGAL VIEW WITH ASHLEIGH BANFIELD

Trump Eyes South Carolina; Presidential Race After N.H. Primary; Encryption on Electronic Devices. Aired 12-12:30p ET

Aired February 10, 2016 - 12:00   ET

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


(COMMERCIAL BREAK)

[12:00:25] ASHLEIGH BANFIELD, CNN ANCHOR: Hello, everyone. I'm Ashleigh Banfield. And welcome to LEGAL VIEW.

It loomed so big for so long, its outcomes were so dramatic, but now New Hampshire is in the rear-view mirrors of people who want to be president. And all eyes now are on South Carolina, where Republicans vote a mere ten days from today and Democrats vote one week later. New Hampshire Democrats gave Bernie Sanders the lopsided win that most polls had predicted - 22 points over Hillary Clinton. The Republican race was not a whole lot closer. Donald Trump more than doubled the vote count of second-place finisher John Kasich. And that reflects a stunning performance by Kasich. Iowa caucus winner Ted Cruz squeaked into third place and look at number four, it's Jeb Bush finishing ahead of his former protege, Marco Rubio. Trump is due to join the fray in South Carolina this evening. Last night he credited his campaign manager with mastering a concept that Trump himself didn't seem to grasp until recently.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: Does Corey (ph) have a ground game or what? Boy, do we have a ground game. Where's Corey? Corey - Corey Lewandowski. You know we learned a lot about ground games in one week, I have to tell you.

(END VIDEO CLIP)

BANFIELD: For his part, Bernie Sanders is looking ahead to a long and potentially bruising nomination fight and the real fight that comes after that.

(BEGIN VIDEO CLIP)

SEN. BERNIE SANDERS (D), PRESIDENTIAL CANDIDATE: I also hope that we all remember - and this is a message not just to our opponents, but to those who support me as well - that we will need to come together in a few months and unite this party, and this nation, because the right wing Republicans we oppose must not be allowed to gain the presidency.

(END VIDEO CLIP)

BANFIELD: Bernie Sanders' victory speech included what he called an instant fundraiser. He was asking supporters to kick in a few bucks online. And kick in they did. More than $2 million reached by just after midnight.

One guy who doesn't need any money is Donald Trump. And he never fails to remind people of that. For him, New Hampshire meant validation. He really could translate hype and bluster and non-stop controversy. His so-called movement into actual votes.

CNN's David Mattingly joins me now from Manchester.

So tell me exactly what the Trump campaign does from New Hampshire and how they move this momentum forward to where the fight's going to be tough.

PHIL MATTINGLY, CNN CORRESPONDENT: Yes, no question at all, Ashleigh. Look, they have a good path forward as they look to the south. In South Carolina, most of the last number of polls have had him with double-digit leads. And that continues across the south. States that are going to be increasingly important come March 1st, come March 8th.

I think, Ashleigh, what you recognize with this campaign is, as Donald Trump said last night, there's a recognition that there's polls and then there's the ground game of support. What the Trump campaign needs to do and wants to focus on now is how their operations on the ground in South Carolina will work. They are already starting to zone up and square up their attacks, going after Marco Rubio today already, Ashleigh. What's going to be really, really interesting to watch going forward is what the Trump versus Cruz relationship is and what's the Trump and Cruz versus Marco Rubio relationship is as they head to that crucial South Carolina primary.

BANFIELD: And you can call me Carol Costello if you want because I just called you David Mattingly, Phil. So, of course, Phil Mattingly. I apologize for that, my friend. It's been a long night for I think everybody. But it's been a long night for those candidates. And I am curious about that last comment that you made, those candidates that Trump will now put in his crosshairs. Is there anybody who suspects that Jeb Bush, who did surprisingly well and said himself "I'm not dead yesterday," could be one of those people in the crosshairs?

MATTINGLY: Jeb Bush, at least on the ground, when he talked to multiple campaigns, even those who are dead set on eliminating Jeb Bush as quickly as possible, has an operation in South Carolina that is very real. George W. Bush, the very popular president in that state, will be coming down to campaign with him. I think while this wasn't the - the - a victory for the Bush campaign, they're playing it like it is and I think they feel like they have momentum going down there.

[12:05:00] They also feel like they're going to be targeting Marco Rubio and they're going to be targeting John Kasich. You mentioned how well he did here, a surprise second-place finish. The Bush campaign believes there's extreme vulnerabilities with Kasich outside of New Hampshire and especially down in South Carolina. Be prepared for them to go after him in a big way. And the reason why is this - that establishment lane, we've all been waiting if that establishment lane to winnow down, to really come down to one candidate. While Chris Christie, according to people familiar with the matter, is

likely to drop out as soon as today, everybody else is staying in. That means John Kasich has a big target on his back and Jeb Bush and Jeb Bush's team are certainly zoning in on him for the days ahead leading up to that primary.

BANFIELD: Phil Mattingly, thank you very much. Appreciate the hard work.

MATTINGLY: Thank you.

BANFIELD: And you get to - you get to a warmer clims very soon, my friend, which is a good thing. Thanks for all your hard work in New Hampshire.

I think a lot of people want to know what were people thinking, right? What were they thinking when they went into those polling stations last night? And the way you find out what people were thinking is you do something called exit polling. You poll those people who actually came out of the voting booth. In New Hampshire's Republican primary, they showed just how thoroughly Trump effectively ran the table.

Take a look at the numbers here. There's the overall women's vote. So Trump, check, on the women's vote. Men voters, yes, there he is again, way up out ahead. Men voters, check. So let's go for the young 18 to 29-year-olds. He's way out ahead there, too. What about the older voters, let's say 30 to 44, yes, way out ahead of the pack there as well. Middle-aged voters, 45 to 64, m mirror image, way out ahead. Seniors, no, no difference, 45 - 65 and over, 29 percent of them leaning towards Trump in their votes.

Trump also won among college grads. College grads, 29 percent of them going for him. He won among non-college grads. Take a look at the number there. It doesn't lie. Forty-one percent of them. Just way out ahead of the pack.

Voters earning less than $100,000 a year, nothing like him, and yet 37 percent of them leaning into Trump. He also won among voters earning more than $100,000 a year, 31 percent of them. How about those evangelicals? A big block of them live in South Carolina, folks, and here's how he did in New Hampshire. Ran the table there, too.

And finally, got to show you this next number, one category Trump did not win, those who said they would not be satisfied if Trump were the nominee. But even in this group, even in this group, he got 3 percent. It is just odd. It's a very strange dynamic.

Joining me now with insights on all of these numbers are CNN commentator and Hillary Clinton's 2008 campaign manager Patti Solis Doyle and CNN commentator S.E Cupp.

S.E., I want to begin with you. For starters, going into New Hampshire, it looks like the polls were pretty right.

S.E. CUPP, CNN COMMENTATOR: Yes. BANFIELD: And we were thinking that there would be this huge upset. They seem to be pretty spot on. But that said, all those demographics that I just broke down, they are all very, very different in South Carolina.

CUPP: Yes. And let's just hit once again on how remarkable those numbers were. I mean Trump just wiped the floor in New Hampshire among - he got everyone. He got everyone. He even got - there was a question asked in that exit poll, "are you angry at the government?" Among people who said "yes," Trump wins. Among people who said "no," Trump wins. So it was a really impressive, very confusing result in New Hampshire. But as you mentioned, South Carolina and the S.E.C., you know, states vote very, very differently. He barely eked out a win among evangelicals over Ted Cruz and I think Ted Cruz is going to play a lot better among evangelicals in the southern states. So a huge win for Trump, no doubt. But the map gets messier for Trump, especially in places where he hasn't necessarily gotten that ground game established yet.

BANFIELD: And a lot of the guys who didn't come in as high as Trump were very quick to point out that two-thirds of Republicans did not vote for him. And it is perhaps best evident on newspaper covers like this, "dawn of the brain dead." There are still a lot of Trump haters out there.

Patti Solis Doyle, as we move to South Carolina, however, there are a lot of independents and there are a lot of Democrats who do like him, and that's got to be a concerned for the Democratic candidates.

PATTI SOLIS DOYLE, CNN COMMENTATOR: Look, I think moving into the March states, he still has work to do with African-Americans and Latino voters. And I think the reason we saw Trump - and I don't want to take anything away from him because he won and he won big. But the reason he won big, I think, is because the field is just so large. We have so many people fighting for that establishment vote. But if you add all those numbers up, if you add Kasich, Bush, Christie, Rubio, even Carly Fiorina in there, together they beat him. And so as the field winnows, I think Trump is going to face some serious challenges moving forward.

[12:10:18] BANFIELD: And I'm wondering how much, S.E., of a challenge he's going to get from Jeb Bush. I mean this is a lot of wind in his sales, even though, I mean, come on, he didn't win. He didn't even come in second or third. Jeb Bush came fourth, but he is triumphant today. And his brother's about to join him in South Carolina. And his brother has released an ad. How much pressure can Jeb Bush now, today's Jeb Bush, be able to put on today's Donald Trump?

CUPP: Well, yes, he got some momentum both out of a good debate performance last weekend of out of a good finish in New Hampshire. And the timing is right going into a state like South Carolina, where the Bush name is still really well respected and Jeb Bush is on the rise in the polls in South Carolina. As a more moderate Republican, he appeals to a very moderate Republican Party in South Carolina. So it's a good opportunity for him to finally start building momentum. And let's not forget, he's got a ton of money. He's got plenty of

infrastructure. He can go the long haul if he can finally start making the case that he's electable somewhere.

BANFIELD: Patti, you don't have to be a Republican or a Democrat to know that when you start looking to do fundraising, it is very unusual to start your fundraising letter with this sentence. And this one comes from Marco Rubio. "On Saturday night, I dropped the ball. That will not happen again." That just sounds painful and I don't work in politics and I don't think I would start a fundraising e-mail like that.

DOYLE: Well, you know, there's something to be said for sort of manning up and taking responsibility for your own mistakes, without question. And he did that last night. And I have some respect for that.

But you're absolutely right, if - you know, you don't want to give money to that. I think Kasich actually has a really good opportunity to raise money off of last night, moving ahead into the March states and moving into South Carolina. And Bush already has the money, right? So I think for - for Rubio, I think he has a hard, you know, task in front of him.

BANFIELD: Yes, road to hoe, as many people say. Patti Solis Doyle, thank you. S.E. Cupp, as unusual, thank you. I want you to stick around, though, because I've got more work for you on the other side of the break.

As big as Donald Trump's New Hampshire win was, Bernie Sanders' win was even bigger. So the bigger question might now be, is Hillary Clinton destined for a comeback as this campaign moves into the south, or could Sanders keep up this momentum and burn right through Clinton's firewall? Yes, it's a play on words, but it's serious business.

(COMMERCIAL BREAK)

[12:16:46] BANFIELD: Not an earth-shattering surprise on the Democratic side when the New Hampshire exit numbers came out. Senator Bernie Sanders was fully expected to pretty much trounce Hillary Clinton. And, yes, it wasn't even close to being close. Sixty percent of the Democratic vote went to Sanders and less than 40 percent went to Senator Clinton. But that's New Hampshire and that was yesterday. Caucus and primary states coming up are not expected to be quite as lopsided towards one of them.

(BEGIN VIDEO CLIP)

SEN. BERNIE SANDERS (D), PRESIDENTIAL CANDIDATE: It is just too late for the same old same old establishment politics and establishment economics. The people want real change.

HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: I know I've had a blessed life. But I also know what it's like to stumble and fall. And so many people across America know that feeling. And we've learned it's not whether you get knocked down that matters, it's whether you get back up!

(END VIDEO CLIP)

BANFIELD: Well, as far as getting back up, get this, of all the demographic groups in New Hampshire, Bernie Sanders won just about every one of them. It was kind of like the Trump story, sweeping the table - men, women, college educated, not college educated, gun owners, not gun owners, long-time voters, first-time voters, moderate voters, liberal voters. One group that did support Hillary Clinton, senior citizens. And they are big voters. They show up.

Political commentators Patti Solis Doyle and S.E. Cupp are with me back in Washington.

Guys, things are about to move south and things are about to move west.

Patti, I'm going to begin with you, if I can. How - what does Hillary Clinton do or can Hillary Clinton salvage the youth vote, which is critical, and - well, all of those demographics that I just mention.

DOYLE: Right.

BANFIELD: The youth is huge, but women and youth, you know, are really the one that made them the most nervous. And it proved true.

DOYLE: Right. Look, I would be very concerned right now if I were on the Clinton campaign about Bernie Sanders' appeal to those young voters because if he can crack young voters that are women, they need to make sure that he can't crack young voters that are African- American and young voters that are Hispanic, right? So, look, I think the odd thing here is that their - their - they stand on the issues. They're very similar on where they stand on the issues. It's their messaging that is really different. Bernie Sanders is for a revolution and Hillary is for evolution. Bernie Sanders is for disruption, and Hillary is for pragmatism. Bernie Sanders is for big change, and Hillary is for incremental change. So I think she needs to sort of start thinking a different way to message her issues to young voters.

BANFIELD: Those are fascinating.

DOYLE: And she's admitted she's got - yes.

BANFIELD: Yes, those are fascinating comparisons and they make perfect sense and I can see S.E. shaking -

CUPP: Yes.

BANFIELD: Because I read your piece that you filed for cnn.com. And I'm going to add a few of those lines. Patti, they're very different than your comparisons. Here's S.E.'s. She says, Bernie's authentic and Clinton is - "he's authentic like an activist and Clinton is packaged like a salesman." And then she goes on, I'm - I hope you're OK with me reading your words here, S.E.

[12:20:15] CUPP: Sure. BANFIELD: I thought they were spot on. "Bernie is local, Hillary's global. Bernie's a cause, she's a corporation. He's one of a kind, and she's a chain." Can you - can you get beyond the, S.E., those -

CUPP: Yes -

BANFIELD: I mean those - those descriptions? Can - can Hillary read your piece and change things up or does she actually say, this is who I am and I'm going to celebrate this?

CUPP: Yes.

BANFIELD: And I think people should vote for me because I've got experience, I've got years, I've got record.

CUPP: She can't undo this. I mean this is 30 years in the making, you know, corporate empire. She is Clinton Inc. You know, another way I put it was, he's a hip microbrewery in Brooklyn and she's a mall T.G.I. Friday's. I mean you just can't get around that. And so she's not going to win young people in the way that Bernie Sanders can. He doesn't even have to try.

So the good news for Hillary Clinton is, if - if, you know, even - even if Bernie gets the youth vote, they're just not a big enough group of people to make a huge difference. I mean Obama won the youth vote in record numbers and if every one of them had stayed home, he still would have won. So I think she needs to focus on the coalitions where she's already - she's already got built in support. That's - that's minority groups, senior citizens. Just keep hammering away at her existing coalitions, because I think she should write off - write off young voters, they're just not with her.

BANFIELD: So if that's the case, Patti, there's another issue, and that is the honest and trustworthy questions because some of the exit polling is troublesome. Let me throw the numbers up there. For Hillary Clinton, when voters were asked, is she honest and trustworthy, the answers came in 45 percent said yes, but 54 percent said no. This is out of New Hampshire polling. And then if you ask that same question of Bernie Sanders, 89 percent of those asked said he's honest and trustworthy, but only 10 percent said no. How do you get past that?

DOYLE: You know, look, Hillary had a bad week in between Iowa and New Hampshire. She was dogged by the Goldman Sachs speeches and I don't think the Madeleine Albright and the Gloria Steinem comments helped either. So I think there was a - it was a particularly bad week there in between the two - in between the caucus and the primary. But, look, moving past New Hampshire, as S.E. pointed out, the states really favor her demographically, high populations of African-Americans, high populations of Hispanic voters. You know, I think she needs to get out of New Hampshire, get a win under her belt, and you'll see those numbers change.

BANFIELD: All right, Patti Solis Doyle, thank you. S.E. Cupp, thank you as well.

CUPP: Sure. BANFIELD: It's good to talk to you ladies. And you're not off the hook yet, because you've got a lot of work ahead of you. It's going to be a long season. Thanks, ladies.

Hillary Clinton and Bernie Sanders, by the way, are going to face off again in the PBS "News Hour" Democratic presidential debate and we are going to carry it on CNN and your local PBS station. It's tomorrow night, 9:00 p.m. Eastern Time. Simulcast. So see how they do fresh off of New Hampshire.

Coming up next, the FBI admits that it still cannot crack the encryption code from one of those San Bernardino shooters' cell phones. So is it time to crack down on the people who build these devices and make it so easy to encrypt the information?

(COMMERCIAL BREAK)

[12:28:09] BANFIELD: You may be aware of an ongoing war of wills between the FBI and Silicon Valley over encryption of cell phone and other electronic devices. The issue, of course, law enforcement access to potential evidence of terrorism and other crimes versus your constitutional right to privacy. But now the FBI is saying that it cannot analyze the cell phone belonging to that couple that killed 14 people in San Bernardino, California, in December, all because the info on their cell phone is encrypted and nobody seems to have the keys, nor is anyone willing to cough them.

CNN justice correspondent Pam Brown joins me with more.

This is a fascinating argument. There was a lot of warning that this kind of thing would happen. We'd have a big attack or a massive crime that we could potentially solve if only it weren't that encrypted material that were the roadblocks. So what is the FBI doing? Is this a public outcry? Is there something they think they can really get off those phones? Where does this stand?

PAMELA BROWN, CNN JUSTICE CORRESPONDENT: Well, there is a public outcry coming from the FBI. They've been warning about this issue. In fact, this is the second time, Ashleigh, that FBI Director James Comey has said encryption has hindered the FBI's ability to access evidence in a specific terrorism case. He talked about the Garland, Texas, attempted terrorist attack, how one of the men there was communicating with the terrorists overseas. There were 109 messages that were encrypted. The FBI still hasn't been able to retrieve those.

And now we're hearing from James Comey, who was testifying on The Hill yesterday, that one of the cell phones belonging to this terrorist couple who launched that attack in San Bernardino a couple of months ago cannot be exploited. We've learned that all of the data on the phone has been scrambled. So even though the phone was damaged, the FBI has been able to get in - you know, has been able to overcome the damage part, but not the fact that all of this data is encrypted and the FBI is saying that information could perhaps shed light on whether or not this couple was talking to terrorists overseas, whether they were planning additional attacks and what their movements were around the time of the terrorist attack. [12:30:14] We know