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New Hope for Girl Needing Transplant; Zimmerman Defense Wants Terms Banned; Christie Announces Lautenberg's Senate Replacement

Aired June 6, 2013 - 13:30   ET

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


(COMMERCIAL BREAK)

SUZANNE MALVEAUX, CNN ANCHOR: The parents of a 10-year-old who desperately needs a lung transplant now have new hope, possibly, that their daughter could get one in time. A judge has issued a restraining order blocking the current rule that keeps children younger than 12 from being prioritized to get adult lungs. The injunction is valid for just 10 days. Sarah Murnaghan's parents have said their daughter may only have a few weeks to live if she does not get new lungs. The father says it's only fair those with the most severe problems should have access. And he's pretty excited about this. Watch.

(BEGIN VIDEO CLIP)

FRAN MURNAGHAN, FATHER OF SARAH: If there's another adult who is more severe, who has a higher lung allocation score, they will still get their lungs first. It's just now Sarah will have an opportunity to not have to wait for every adult, no matter what their score is, to pass the lung and then it be offered to the pediatric patients.

(END VIDEO CLIP)

MALVEAUX: A spokeswoman for the group that oversees transplant rules says that the group is now waiting for clarification from the court.

And check this out. George Zimmerman due back in court any minute now for a key hearing. This is before his murder trial starts on Monday. So what happened this morning? The judge denied a defense request to let a handful of witnesses testify anonymously during the trial. The defense argued it was for safety reasons. Zimmerman is pleading not guilty to second-degree murder charges in the killing of Trayvon Martin. That happened February of last year. Now, he says he shot Trayvon Martin, the unarmed teenager, in self-defense.

Former New York prosecutor, Dan Schorr, joins us from New York.

First of all, Dan, what was interesting about this is the defense wants certain terms now to be banned during the trial. Nobody can use these terms. I want to give our audience a couple examples here that there was someone who was "profiled" or any variation of that term, profile as in racial profiling. "Vigilante," they don't want that used at all. "Self-appointed neighborhood watch captain," and "wannabe cop." So what is the thinking behind this? DAN SCHORR, FORMER NEW YORK PROSECUTOR: It's pretty common before a criminal trial you have pretrial hearings about terms that will come into evidence. In this case these terms are more emotionally charged and maybe more important towards the outcome according to the defense. The judge will have to weigh any prejudicial effect against the defendant or probative to the fact goes to the self-defense claim of the defendant. Usually, you want facts properly admitted to court not just conclusion prejudicial terms not just conclusionary prejudicial terms. The judge will have to weigh those factors.

MALVEAUX: OK. So explain to us here, why do they care about these words?

SCHORR: The defense doesn't want terms that might inflame the passions of the jury, that they might hear the term "racial profiling" and automatically think less of the defendant and maybe be more likely to convict him. The prosecution will probably have to, if they want to show some type of racial profiling history, prove that through evidence, show other people he's followed and whether or not he's followed people based on race. That's probably how the evidence will have to come in. In the end, in the closing argument, the prosecutor can make what's called fair comment on the evidence, but the defense wants to stop specific words that they feel are too prejudicial.

MALVEAUX: How do they even control this, Dan? I don't understand -- Oh, I'm going to leave that there.

New Jersey Governor Chris Christie is making an announcement who will replace, at least temporarily, the interim replacement of Senator Frank Lautenberg's position. Let's listen in.

(AUDIO PROBLEM)

MALVEAUX: I am not hearing sound.

CHRIS CHRISTIE, (R), GOVERNOR OF NEW JERSEY: -- Notre Dame and Catholic American University of Law School, an outstanding private- practice attorney, assistant United States attorney, rising to leadership positions in the United States attorney's office, chief counsel to the governor my first two years as governor, and now New Jersey's attorney general.

I said on Monday that I was going to select the person who I thought would be the best person to represent New Jersey between now and October 16th when all New Jersey gets an opportunity to elect the person to succeed the late-Senator Frank Lautenberg. During the last few days, as I've gotten to deliberate on this decision, it became clear to me that Attorney General Chiesa would be the best person to represent the people of New Jersey in the United States Senate. So I intend to execute all the appropriate documents to effectuate his appointment effective this Monday, June 10th.

And I want to thank Jeff and his family for their willingness to once again step in and serve the public in the state of New Jersey.

So it is my honor to introduce and then I will come back for questions. It's my honor to introduce New Jersey's newest United States Senator, Senator Jeff Chiesa.

JEFF CHIESA, (R), APPOINTED SENATOR OF NEW JERSEY: Good afternoon everybody. This is an incredible honor for my family and I. The governor has given me some extraordinary chances to serve in public life. None other than I expected, this probably least of all, but to have this chance to continue to serve in public life is a wonderful opportunity for anybody. I'll use my best judgment and the skill that I have to conduct myself in a way I hope will make everybody in New Jersey proud and to do everything I can to advance the interests of the people that live here as I've tried to do in all the positions I've had the honor to have.

I want to thank Governor Christie for again placing his trust and confidence in me. It really is extraordinary to me that I'm standing here today, again, with his confidence and his support.

And I really want to thank my family because you can't have the chances that I've had, and you can't do the things I've had a chance to do without the support of your family. And my wife, Jenny, and my children, Al and Hannah, have been incredibly supportive. And I'm incredibly thankful to them for all that they've done for me. And I look forward to doing my best in this job over the next few months.

Thank you.

CHRISTIE: Questions?

UNIDENTIFIED REPORTER: Governor?

CHRISTIE: Michael?

UNIDENTIFIED REPORTER: (INAUDIBLE QUESTION)

CHRISTIE: Attorney General Chiesa has decided not to seek the office -- he will not be a candidate in the primary or general election. That's his decision. He's decided not to run, seek the office. And I'm perfectly comfortable with that decision.

Yeah?

UNIDENTIFIED REPORTER: (INAUDIBLE QUESTION)

(LAUGHTER)

CHRISTIE: Well, I went to Jeff and jenny's house on Monday evening to sit and talk with them about this. And we talked for about an hour and a half on Monday night. And they both asked for the overnight to think about whether or not this was something they were willing to do. Jeff called me on Tuesday morning and told me that -- in fact, he didn't call me. He texted me. And he said, I'm in. And that's the way I got the news back from Jeff.

And the window into my thinking, Jenna, as I said all along -- I said on Monday, I knew this day might come. Senator Lautenberg had been ill. I didn't just start thinking about this on Monday. I've been thinking about it on and off for some period of time. But in earnest, I started obviously on Monday morning after I got the news of Senator Lautenberg's death.

MALVEAUX: I want to go to Jake Tapper here.

Jake, first of all, tell us about this individual who's going to be the interim Senator for New Jersey.

JAKE TAPPER, CNN WASHINGTON CORRESPONDENT: First of all, let me just remark, Suzanne, that it's incredible that Governor Christie and his team were able to keep such a close hold on this information as almost never happens in something like this is announced. It doesn't even leak out five or 10 minutes before the announcement. We did not know that senator-to-be was the one Senator Christie was picking until the moment he stepped out.

Just some basic background on this man who is currently the attorney general of the state of New Jersey appointed to that position by Governor Christie, he served with Governor Christie when he was a U.S. attorney. He was an executive assistant U.S. Attorney. He served as council to the U.S. attorney and chief of the public protection unit.

Keep in mind that Governor Christie, before he ran for governor of New Jersey four years ago, he was a U.S. attorney appointed during the Bush administration. He went to Notre Dame. He went to Catholic University Law School. And he's basically served his life as a litigator serving in law enforcement, supervising a group of assistant U.S. attorneys. He was a partner at the law firm of Dubey and Hewitt (ph), where he litigated civil matters, including the representation of medical professionals and hospitals. Basically, somebody who's been part of the New Jersey legal community for many years, serving on the transition team for Governor Christie.

And Governor Christie, as you just heard him announce, Suzanne, announced that the new senator from the state of New Jersey will not seek the office. There, of course, will be a primary. And then, of course, a general election in October.

I want to now turn to our chief congressional correspondent on Capitol Hill, Dana Bash.

Dana, you were telling us earlier that not many Republicans, if any, on Capitol Hill had any idea what Governor Christie was going to do. Are you getting any reaction to his pick of Jeff Chiesa to be the next Senator for New Jersey?

DANA BASH, CNN CHIEF CONGRESSIONAL CORRESPONDENT: So far not more than a shoulder shrug, because as you said so well, Jake, nobody knew about this.

And there is a lot of frustration that I've gotten from a lot of Republicans here in the Senate and around the Senate, people who deal with trying to get Republicans elected, because of the fact that there was radio silence from Chris Christie. Never mind, the fact that they were already upset about the fact he set this special election and didn't allow a Republican to be in this traditionally Democratic seat through November of 2014. I just want to actually point out something that is very poignant, even poetic. As Chris Christie was speaking about Senator Lautenberg's replacement, Senator Lautenberg's body is actually coming into the capital. It is here now. It is part of the memorial service, something that his family requested. It is certainly given to senators especially those who have served for a very long time here in the Senate and their country in general. He was a World War II veteran. He is going to lie in repose on the floor of the United States Senate starting very shortly, through this evening, and the Senators will be able to go and give their respects to him. So that was happening -- as I said, he was coming up the steps just as Chris Christie was announcing his replacement, at least temporary replacement.

TAPPER: And, Dana Bash, explain to those who are watching the video right now from not long ago, just a few minutes ago, of the late- Senator Lautenberg's casket being brought in to lie in repose so those his colleagues and others can pay their respects to the late senator, is the fact that he has the representation of members of the military of all the branches of the military carrying his casket in. Is that what is done for all late members of the House and Senate when they go through this and their bodies come in and lie in repose? Or is this something special for Lautenberg because he was a veteran of World War II?

BASH: This is something that is done when they choose -- the family chooses to have the Senator lie in repose on the Senate floor. This is a ceremony that kind of kicks in when that happens. We saw virtually the same thing happen almost exactly three years ago when Senator Robert C. Byrd died when he was serving at the time.

(CROSSTALK)

TAPPER: Dana, I'm going to rudely interrupt you for one second because the new Senator from New Jersey, Jeff Chiesa, who was -- it was just announced he was appointed. He's speaking right now. We're going to go so we can hear from him for the first time.

Oh, never mind. He stepped away. He was there for a few seconds. There he is standing there with Governor Christie. I suppose they're taking questions from reporters.

There he is.

CHIESA: As I said, this is something that's new for me. And my first concern though is the border security. Again, that's because of the frame of reference that I come from both as a federal prosecutor earlier in my career and now as the attorney general. And as to the other issues that I need to take care of, those will be part of discussions I'll have as I get to learn about my new job. As I said earlier, this is all pretty new. And I need to learn about the issues in a way before I can make any meaningful judgments on some of the specifics.

CHRISTIE: Questions?

Yeah, Heather?

UNIDENTIFIED REPORTER: (INAUDIBLE QUESTION)

CHIESA: Yes, I'm a registered Republican, I believe 2000.

UNIDENTIFIED REPORTER: (INAUDIBLE QUESTION)

CHRISTIE: Well, I don't know what the result would have been, Paul. I know that we would have been sued for 2014. The Democrats have made that clear publicly before I even made any announcement. And I think, you know, it's the fault of the legislature for setting up, you know, less than clear statutory guidance on this. And I think, as a New Jersey Republican, what I know is these kinds of things should not be left to the courts to decide. We typically don't do too well in that regard. So I can't certainly predict the result. I am a student of history, as are you, and I thought the idea of making a decision that was in the best interest of the people of the state to give them a voice and a choice for the United States Senate and to do the best I could to keep it out of the courts would serve the best interest of the people of the state.

UNIDENTIFIED REPORTER: (INAUDIBLE QUESTION)

CHRISTIE: Because of the unclear statutory construction, there was no perfect decision to be made here. And so I went to what my core principles are, which are that I believe people should have the right to make a choice if that's available. And so that's why I made the decision I made.

And as far as the ramifications politically, you know, that's for everybody else to decide. My decision was, I had imperfect statutory construction, a history of an activist court in election matters and a limited set of choices, and I made the choice that I think is in the best interest of the people of New Jersey. And everyone will debate the political effects until we actually see what they are. And then everybody will be a genius in hindsight. It's the way it goes. So it wasn't what -- part of my consideration, Terry. My consideration was to look at what my options were and to make the best and most legally defensible choice that I could make.

UNIDENTIFIED REPORTER: (INAUDIBLE QUESTION)

CHRISTIE: Anybody who thinks they want to run for statewide office and get a thousand people to sign a petition in five days don't belong running for statewide office. You don't have that good organization behind you -- you think it's hard to get a thousand signatures? Wait until you try to get a million votes. It will be a lot harder.

Yes?

UNIDENTIFIED REPORTER: (INAUDIBLE QUESTION). Is this completely out of left field? What was your reaction when the governor called (INAUDIBLE QUESTION.)

(LAUGHTER) CHIESA: It was unexpected, for sure. But I knew when the governor called pretty late on Monday and asked to come meet with Jenny and I, I had an inkling what we might be talking about. But there was no arm twisting. The decision is one for my wife and my family to make. He's always respected that. He understands that. And he -- it's an extraordinary opportunity. And so for some disruption for my family life, because of the time I'll be spending in Washington, but it's an incredible chance to serve. All of the chances I've had have been incredible chances to serve, and I'm incredibly honored to have this one. But there was no arm twisting. I'm incredibly honored and thankfully I have my family's support in doing it.

CHRISTIE: John?

(INAUDIBLE QUESTION)

UNIDENTIFIED REPORTER: Governor, (INAUDIBLE QUESTION)

TAPPER: You're listening right now to New Jersey Governor Chris Christie and the any senator from the state of New Jersey, Senator to- be, Jeff Chiesa, Republican. He's currently the attorney general from the Garden State. He's a close friend and ally of Governor Christie. It's already been said that Jeff Chiesa, who has been serving in the New Jersey legal community and before that within the prosecutor's offices there, that he not seek the senate seat. There will, of course, be a primary in August and an election, a special election in October to replace the late Senator Frank Lautenberg who passed away on Monday.

Jeff Chiesa said he is honored to serve in the seat but he does not intend to run for it. There is no shortage of individuals who are seeking that seat. We know Democratic Congressman Rush Holt will run. We're expecting that the mayor of Newark, New Jersey, Cory Booker, a Democrat, will run for that seat.

Dana Bash, now that there's been a little bit of time that has passed with the announcement of Senator-to-be, Jeff Chiesa, Chiesa, in Italian, means "church." Jeff Chiesa, a Notre Dame graduate and Catholic University Law School graduate.

Republicans were not happy with the way Governor Christie handled this announcement. They wanted him to name a Republican to fill that seat for a year and a half to fill the seat in 2014, somebody who could keep the seat in Republican hands. What has been the reaction? Republicans can be happy that a named Republican, a registered Republican has been named to fill the seat until December or January when the person elected in October takes office.

BASH: That's exactly right. There is, I'm sure, a little bit of concern that if he is a Republican in the mold of Chris Christie, he won't be reliable for Republicans.

One thing we should be watching and one thing that the newly appointed, I guess, Senator from New Jersey was talking about was the issue of immigration because that is going to be the very first thing that he is going to have to deal with. A huge issue. It's on the Senate floor next week. That is something that I think traditionally any Republican from New Jersey will be more willing to go along can compromise on, but you never know.

And then another issue they're going to have to deal with is judges. That is something that is usually very, very partisan. But again, a Republican who's a place holder for a late Democratic senator from a blue state, again, they never know.

But one thing I also just want to quickly point out is that this is, as I said, a very Democratic state, a Democratic seat. Republicans I talked to say they're certainly happy they have a Republican now. They would have liked to have had one a lot longer. They don't expect to run anybody who they think can actually win in the special election in November of 2013. They're going to look ahead to the general election in 2014. They simply don't think they can get anybody up and running to get the signatures to be on the ballot. That's needed by Monday afternoon.

TAPPER: And, of course, New Jersey, a very Democratic-leaning state. No Republican has been elected to represent the state in the U.S. Senate for more than 40 years.

Dana Bash, thank you very much.

We're going to take a quick break. When we come back, Suzanne Malveaux and NEWSROOM will return.

(COMMERCIAL BREAK)

MALVEAUX: Paris Jackson, the 15-year-old daughter of Michael Jackson, is in a southern California hospital. This is a day after possibly attempting suicide.

Raymone Bain is a former Jackson family spokesperson and she has known Paris since she was just a toddler. She's joining us from our Washington bureau.

Raymone, thank you for being here.

You have known her and the Jackson family for many, many years. Describe for us a little bit about who this 15-year-old is and what she's like and whether or not this really surprised you in any way that she's in this state.

RAYMONE BAIN, JACKSON FAMILY FRIEND: Well, as Michael Jackson's personal spokesperson and general manager, I've been around Paris for a long time. Michael introduced me to her in 2002 when I believe she was four. She was very articulate, very personal, very courteous. She was the apple of her father's eye and he was the apple of her eye.

I found, Suzanne, as I traveled around the world with them, she became protective of her father. Many of us in the Michael Jackson Company yesterday discussed whether or not she felt some responsibility as to whether it was something she probably could have done to protect her father even more. We're still trying to digest this because we're a bit paralyzed after hearing the news. She's a wonderful, I say, baby. Even though she's 15, she's still a baby. And our prayers go out to her and the Jackson family because this is never -- to hear about a suicide attempt, bullying, any of those things that are prevalent now in the U.S., is never good news to hear, but I'd like her to know that her father loved her very much. She has an extended family, and I just think that she needs to know that he had a plan for her. Michael Jackson would sit down and talk to me for hours about his children and his vision for his children. And here was a little girl who adored her father to the point that, as I said earlier in an interview, we'd be out and as Michael would be purchasing music from around the world, Paris would bring about $100 worth of Michael Jackson C.D.s and videos for him to purchase because she said, "Well, Daddy, I don't see anything in here I want. You are my favorite performer."

MALVEAUX: Was there any indication, any hint at all that she was sad or depressed or do you think that this was a reaction to clearly losing her dad early on?

BAIN: I think it was losing her dad and being thrust into a whole new environment. Here is a baby, along with her two brothers, who were home schooled. They were around their father 24 hours a day even though there were sufficient housekeepers, nannies, tutors. Michael Jackson was an excellent hands-on father, and he spent his entire life protecting her and her brothers. And for him to have gone the way he did, unexpectedly, I'm still in shock. Those people who were around him and his employees and consultants are shocked. So can you imagine, if we are, what a little 15-year-old would feel like right now?

MALVEAUX: Does she have the support she needs, Raymone? Who is taking care of her? Who are the people who are rallying around her at this time?

BAIN: Her entire family and her extended family. And I tell you something, her grandmother, Katherine Jackson, and her grand dad and her aunts and uncles, they care about her. Katherine Jackson has so much love for these kids. I sat down with Mrs. Jackson a couple of years ago, and when she talked about Paris, Prince, and Blanket, she talked about them as if they were her own children.

MALVEAUX: All right. Yeah.

BAIN: She had the same kind of love and admiration and desires as their father had for them.

MALVEAUX: Raymone, we have to leave it there. I appreciate your coming. And obviously we're going to be following --

BAIN: thank you.

MALVEAUX: -- her care and her well-being. We wish her and the whole family the very best in her healing.

Thanks, Raymone. Appreciate it.

BAIN: Thank you, Suzanne.

MALVEAUX: Sure.

That's it for me. Brooke Baldwin takes it from here.