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State of Emergency in California; GOP Candidates Face Off Wednesday; Kentucky Clerk's Lawyer Speaks Out; CNN to Host Next GOP Debate; Three-Time NBA MVP Moses Malone Has Died. Aired 4-5p ET

Aired September 13, 2015 - 16:00   ET

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


(COMMERCIAL BREAK)

[16:30:33] FREDRICKA WHITFIELD, CNN ANCHOR: Hello again and thank you so much for joining me. I'm Fredricka Whitfield.

We're following several developing stories today. The governor of California has declared a state of emergency as two fires there explode. One growing to 40,000 acres in less than 24 hours.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: That is a very rapid rate of spread. Very dangerous situation. It's just a reminder this is how the conditions are in California right now. With the temperatures and low humidity, four years of drought, the conditions are very extreme.

(END VIDEO CLIP)

WHITFIELD: All right. Thousands of people have been forced from their homes and four firefighters have been injured trying to push back those flames.

Also today, Kim Davis' attorney is speaking out about what may happen when the Kentucky clerk reports back to work tomorrow. Will she continue to deny marriage licenses to same-sex couples? We'll hear from her counsel.

But first, we're just three days away from the Republican debate. Our John Berman is in Simi Valley, California, where the stage is set. The candidates will be doing their walk thoughts in the coming days. They are fine tuning all of their talking points. There's a lot of anticipation. But of course, there's a lot of pressure on them, too.

JOHN BERMAN, CNN CORRESPONDENT: Oh so much pressure. I think this will be a turning point in this campaign. You talk about the scene here. I walked through the set today. It is simply stunning. There is so much energy here as if there needs to be anymore energy in this campaign already. The snipping, the jabs over the past few weeks. Man, oh, man, they have been flying.

You know, it hasn't hurt Donald Trump. At least not yet. He still is the clear frontrunner. But does it have the potential to damage the Republican brand. On CNN's "State of the Union" this morning, Jake Tapper spoke with RNC chairman Reince Priebus about Wednesday's debate and also some of the comments that have been made on the stump by the candidates about immigration. And again, Jake wanted to know if this might put the Republicans long term at a disadvantage.

(BEGIN VIDEOTAPE)

JAKE TAPPER, CNN HOST: As you know, Mr. Priebus, many Republicans are very concerned about the tone and tenor of the Republican race, especially when it comes to how Latinos are hearing this Republican race. Are you at all concerned that any of your candidates are crossing the line when it comes to talking about Latinos to the point that it might actually cost you the White House?

REINCE PRIEBUS, RNC CHAIRMAN: Well, look, I've said many times, the way you communicate and tone is very important. Sometimes it's not what you say, it's how you say it. I think all of our moms have told us that. Look, all these candidates are going to have to account for their own mouths and their own words.

And so if you go back to 2012, it wasn't anything another candidate said, whether it be the 47 percent or whether it be, you know, self- deportation, it was the nominee's words that came back into play. Look, I think at the end of the day, each candidate is going to be accountable for their own words and their own mouth and so they should proceed with caution.

TAPPER: I can't recall a presidential race where the frontrunner was throwing and receiving so many elbows just this morning, Governor George Pataki released a statement in which he's basically saying he's refusing to support Donald Trump if he's the Republican nominee. He will not vote for Donald Trump, he says.

This comes on the heels of an interview of CNN's Wolf Blitzer in which Louisiana Governor Bobby Jindal also running for president repeatedly refused to pledge to support Trump, if he wins the Republican nomination. You got the Republican candidates to sign these loyalty pledges. Are you concerned at all?

PRIEBUS: No. I'm not concerned. You know what every candidate in all these campaigns are going to do whatever they need to do in order to benefit their own campaigns. I suspect there will be a lot more things happening over the next several weeks. But they're all going to have an opportunity on Wednesday. You're going to be in the middle of it, Jake.

I think, you know, one of the undiscussed issues is just controlling the debate and making sure that everyone has an ability to speak. Probably be more elbows thrown at that debate and you're going to have your hands full. But I suspect it will be a great night and a great opportunity for those campaigns to make their voices more heard and they can speak to each other about it.

(END VIDEOTAPE)

BERMAN: Reince Priebus right there, they will do what they need to do. Sounds ominous.

[16:05:00]

With me right now, Ana Navarro, she's a CNN political commentator and a supported of Jeb Bush, a friend to Marco Rubio. Van Jones, here with me as well, CNN political commentator, former advisor to President Obama.

Guys, I want to talk about one of the things that's different about this debate. The second Republican debate and the first debate, this one is here at this beautiful Reagan Presidential Library. It will take place right in front of Air Force One, the very plane that Ronald Reagan used to fly around the country when he was president.

But the audience will be about 500 people, inside in this somewhat dignified setting. The first debate, Ana, you were there. It was where the Cleveland Cavaliers play. It was a raucous party.

ANA NAVARRO, CNN POLITICAL COMMENTATOR: You know, don't remind. I'm still getting over Lebron James having left Miami.

BERMAN: It's going to be different here. Could that affect the debate?

NAVARRO: I think it's going to be a huge difference. Huge. There was something like 6,000 people at the Cleveland debate. Frankly, that audience was the 11th member on that stage. Because they participated, they booed, they clapped, they were loud. The candidates fed off of them and they fed off the candidates. It was fun. It was entertaining.

I had to get up at one point and literally go by myself some popcorn because I couldn't sit there watching this movie without the Coke and popcorn. This is a very different venue, much less crowd participation. Not only that, but it's Ronald Reagan's house. Ronald Reagan, the 11th commandment for Republicans. Thou shall not speak ill of any other Republican.

I think you're going to hear -- I think you're going to hear 11 people competing, who knew Reagan better, who love Reagan better, you know, who Reagan would love better. I think you're going to hear a lot of Reagan invoked in this debate.

BERMAN: Yes, I think the 11th commandment, that went out the door a long time ago. Just because there's not a raucous crowd, doesn't mean there won't be extreme attention. Sometimes when there is a smaller venue and when there are fewer people yelling and cheering, you can almost see the bile shot out of the eyes of some of these candidates to each other.

VAN JONES, CNN POLITICAL COMMENTATOR: Absolutely. This will be literally the opposite of what we saw before. It's much smaller, much more intimate. There is a dignity to this place whether you love Reagan or you don't, I'm definitely more on the critical side of Ronald Reagan --

But you come here and you realize --

NAVARRO: Lightning is going to strike you at any moment if you say that in front of the Ronald Reagan Library. Stop right now because I don't want (INAUDIBLE).

JONES: And that feeling that she just talked about, this does have the sense of kind of a conservative sacred ground. We don't know how that's going to play out. I don't think it's going to stop some of the more desperate candidates from trying to do something to get in. But I do think it will create a different type of a dynamic. I think the audience that will be here will be a different type of an audience. I hope it brings out more substance.

Right now we're only been talking about the zingers.

NAVARRO: I think it's going to be less ruckus, but it's going to be more intense.

BERMAN: I agree. I think it will be more intense in a way because of the smallness. Let's talk about substance. Because can you help yourself if you're one of these other candidates, the non-Trump candidates right now, by substance, by going out there and pitching your tax plan or talking about foreign policy? Is that going to make a difference right now?

NAVARRO: I think they have to do it. Really, there is a different standard to the other candidates as -- and Donald Trump. Donald Trump can get away with being entertaining and being a performance artist and really kind of bluffing the substance.

None of the others can. There's different expectations. We have seen for example Donald Trump flip-flop on so many issues and it hasn't hurt him one bit. It has hurt Scott Walker tremendously. So we are seeing that the scrutiny level on the outsider, on the nonpolitician is very different than other the other folks on there who are seasoned and veteran politicians.

BERMAN: Van, can they risk substance here?

JONES: Look, if I were trying to advise one of these candidates, I think it would be baffling. Because you have to be substantive, and at the same time, you have to be entertaining. But Trump only has to be entertaining. You see Trump has created an environment where everybody has to meet the usual traditional standards of being substantive and a new standard of being entertainer. He doesn't have to do anything but what he does (INAUDIBLE).

BERMAN: Donald Trump can't be hear. Let me play the role of a Trump supporter.

He brought up an issue, immigration. You may not agree with it but it's an issue that matters to a lot of people and is now a substantial part of this discussion. He talked about tax policy. Taxing hedge fund guys. Now your friend Jeb Bush has a new tax plan out which talks about taxing hedge fund people. Trump is going to come out with his own plan. So is he not introducing some of the substance that is being debated here?

NAVARRO: You know, I think he's introducing it and I think -- first, immigration had been talked about. I would see and hear immigration questions be asked at every town hall, even before Donald Trump was on the stage. He brought it to a different dimension and he has brought it to a different light.

[16:10:00]

Frankly, the rhetoric has become very negative and much more heated. It's a bigger issue than it was. I think he is introducing some issues. And driving the debate. Now, he's doing it with -- without the policy, though. He's not giving you the details. He glosses over --

JONES: You can raise issues -- listen, if you talk as much as he does and tweet as much as he does, you can later on, if you spray the wall -- look there's the point I made that was substantive, but the whole wall is shot up with just buck shot and insult comedy.

So I think he is driving, see, I hope that the Republicans get tarred with this. I think it's worse than that. I think the whole political class is getting tarred with something and getting pulled down to a level that I think is not good for the country. I hope that begins to change on Wednesday.

BERMAN: Van Jones, Ana Navarro, great to have you here with us. Really appreciate the good discussion, guys.

Be sure to tune in and turn on your TVs. Do it all. The second Republican debate is right here on CNN and online as well Wednesday night starting at 6:00 p.m. Eastern, 8:00 p.m., the main stage. It will be something. Fred.

WHITFIELD: It will. All right. Thanks, John.

Kentucky county clerk Kim Davis goes back to work tomorrow. If she doesn't grant marriage licenses to same-sex couples, she could be behind bars again. My exclusive interview with her attorney, next.

(COMMERCIAL BREAK)

WHITFIELD: Welcome back. This breaking news out of Arizona. We want to listen in now to the Arizona county sheriff's office on the shootings that have taken place on the highways in Phoenix.

UNIDENTIFED MALE: Sheriff, I'm not sure --

UNIDENTIFED MALE: Queen Creek was the first that came to our attention. By the way, how we got involved, although we did -- told all my people to be on the alert. That is our jurisdiction where this incident occurred with the two witnesses. We did find a rock in the vehicle and did get the license number. So I think that was very critical to developing --

[16:15:15] UNIDENTIFED MALE: You said this happened over a four-hour period. How many specific incidents were there?

UNIDENTIFED MALE: According to the suspects, there was about 10. Two of them were right off the freeway.

UNIDENTIFED MALE: The two reported incidents happened within 10 minutes of each other. The one on Elsworth road and about 10 minutes letter in Maricopa County's jurisdiction.

UNIDENTIFIED FEMALE: Just last night or part of the last two weeks?

UNIDENTIFED MALE: Last night, according to them.

UNIDENTIFED MALE: These suspects involved in any of the other incidents that either are included in the freeway shooting investigation or --

UNIDENTIFED MALE: No, sir.

UNIDENTIFIED FEMALE: Did they tell you at all why they were doing this?

UNIDENTIFED MALE: I have not spoken personally, Sheriff. I don't know if you have information on why they said why they were doing it.

UNIDENTIFED MALE: Not really. They admitted doing it. The first guy, very interesting that the vehicle that he was sleeping, the 18- year-old, was sleeping in the car. That was his domicile for a while when all this was going on. So evidently he probably has some domestic problems too.

UNIDENTIFED MALE: With the shootings that involved the bullets, do you have a theory as to whether those happened from the side of the interstate or someone was in a car doing those?

UNIDENTIFED MALE: I don't have the liberty to discuss that at this time sir. Anyway, I think that's about all we have to add. If you guys need followup information, I suggest you get with the PIOs from our jurisdictions. I think the one with the most completely story will be (INAUDIBLE), the commissioner of public safety.

Again, thank you all for coming on a Sunday afternoon to talk about this. Again, I need people to stay vigilant. Continue to report crimes. We have a $20,000 reward. Somebody out there knows something and I need to know what they know. Thank you.

WHITFIELD: All right. Just a brief update there on the shootings that have taken place on the Phoenix, Zrizona, highways there over a course of weeks now. Still unclear. We did hear a portion of that that there were two vehicles that seemed to have within shot at last night and there may have been some arrests made. Still unclear whether that is connected to the string of shootings that have taken place on i-10 in the Phoenix area. Of course, whne we get more information, we'll pass it on. All right. Meantinme, Kentucky county clerk Kim Davis returns to work tomorrow, but will she do her job? I just spoke with Davis' attorney, Matthew Staver. He says Davis is undecided if she will obey the court and allow her deputies to issue those licenses. Davis spent five days in jail for contempt of court after she refused to issue marriage licenses to same-sex couples.

He says -- the attorney says no one should have to choose between their job and their faith, but he also proposed a new legal compromise that may satisfy both the law and her religious standards.

(BEGIN VIDEOTAPE)

MATTHE STAVER, ATTORNEY FOR KIM DAVIS: She's going back to work on Monday morning and she's going to do her job. I don't know exactly what she will do on Monday morning. That is Kim's ultimate decision.

She is aware of the court ruling and she's aware of her job duties. But she's also obviously a person of strong conviction and strong conscience. We'll find out what Kim will do when she goes to work on Monday. She is asking for something very simple. That is just accommodate her by removing her name and title off of these certificates.

Kind of like what you have already with some of the other licenses in Kentucky such as the vehicle registration licenses and many other licenses. They're issued not under the name or the authority of the local clerk of a particular county, but under the authority of the Commonwealth of Kentucky.

If the licenses were changed to do that, she could process them, she could give them out, she could file them in records just like she does other documents.

WHITFIELD: So you're saying if her name is not on the licenses and if she's -- she has that promise that her name is not on the licenses, tomorrow she will administer the licenses?

STAVER: That's right. If her name and her title -- if it's Kim Davis or clerk of Rowwand County, it's the same individuals.

WHITFIELD: Why should that accommodation be made? She's an elected public servant. As an elected public servant, she has to help uphold the law and honor the law.

STAVER: Well, because in this situation, you've got the Kentucky Religious Freedom Restoration Act, you've got other laws in Kentucky that also protect her religious freedom --

WHITFIELD: But the U.S. Supreme Court ruling supersedes any state or other jurisdictional laws or statutes.

[16:20:00]

STAVER: But not on the issue of religious free exercise. That was not before the court and in fact there's going to be a lot of cases like Kim Davis in both the public and private that no doubt will make its way back to the court so we can look at how do you accommodate -- in light of this 5-4 ruling in June, just a little over two months ago -- how do you accommodate people of faith like Kim Davis?

WHITFIELD: Is this less about religious freedom and more about the momentum that Kim Davis has received, particularly when you have presidential candidates who have been throwing their support for her cause, for her jailing?

STAVER: Now, it's not about that at all. I mean you talk to Kim Davis, she's a humble woman. She's private. She's a quiet individual. She never wanted to be in this position. In a heartbeat, she would go back to her previous quiet, tranquil life that she's done in this job and in this community for the beginning of her life in that county.

She doesn't want to be thrust in the spotlight. The last place she wants to be is have this very, very difficult decision that no one wants to have. That is choose your job or choose your faith. Choose your conscience or choose your job that you love --

WHITFIELD: But didn't she know what came with the job when she put herself into the position to be elected into that position as county clerk?

STAVER: No. In fact, when she was elected same-sex marriage wasn't even on the agenda there, that would happen.

WHITFIELD: So one of my legal analysts yesterday reminded this audience, that federal law says that as an individual and as a public servant if you don't want to comply, you must step aside. As long as it's part of your public duty, you act on behalf of the public, not on behalf of yourself.

That according to one of our legal analysts, Joey Jackson, yesterday. So tomorrow when Kim Davis goes to work and same-sex couples come to the office and want a marriage license, whether her name is on them or not, will she administer those licenses?

STAVER: Well, we're still talking with Kim Davis and she's still making decisions. It's a difficult situation that she doesn't want to be involved in and it's a difficult situation she would rather never have had happen. There would be a reasonable way for this to simply satisfy everyone. And we hope still that the governor and certainly the legislature and even the court will ultimately resolve that in a way that's satisfactory.

Because this is a broader debate that we're going to see across the country. These cases don't need be list this. We don't have to have someone like Kim Davis in this situation. There are options.

WHITFIELD: So you think she's not alone, you're saying? Do you worry about any potential conflict tomorrow when she reports to work?

STAVER: Certainly, I do worry about that. I -- we spent a lot of time with Kim. And she's an amazing individual. She is someone who loves people, she loves god. She doesn't want to be in this situation. We're concerned about the future.

WHITFIELD: All right. Matthew Staver, thanks for your time.

STAVER: Thank you. My pleasure.

WHITFIELD: All right. Wildfires raging in California are forcing thousands of people from their homes. They're also exploding in size. The danger they're posing, next.

(COMMERCIAL BREAK)

[16:21:55]

ANNOUNCER: This is CNN Breaking News.

WHITFIELD: All right. New information now on cars being targeted on a Phoenix highway. Let's check in with Sara Sidner on the phone with this. Sara?

SARA SIDNER, CN CORRESPONDENT: Hey, Fred. We're just hearing from Sheriff Joe Arpaio and the Department of Public Safety. They've been looking, as you know, for the past 14 days now for whoever is shooting or sending projectiles at cars, breaking windows and scaring people as they go along interstate 10.

We now have heard there are at least three people who have been arrested in what law enforcement basically are saying they think is a copy cat crime. They said all three of them were reported by a witness who saw them using a slingshot and hitting cars. This happened on Saturday. So they were arrested Saturday.

The three occupants, according to the sheriff, were using slingshots (INAUDIBLE) to try and shatter windows. The witness saw them and took down a license plate of the vehicle that pulled up alongside them. So this is the latest on the case as police continue to search for whoever was responsible for the prior incidents which included eight different cars getting shot by bullets and three getting hit by some kind of projectile.

They're still not sure if these two are connected at this time. But they are using the word copy cat which leads one to believe that there is someone else responsible for the earlier incidents, at least the eight that were from a gun that were bullets that hit windows. Fred.

WHITFIELD: All right. Sara Sidner, thank you so much for that update.

Still ahead, three days and counting until the next debate right here on CNN. Will the candidates come upswing against Donald Trump. Will Trump be nice? Our political panel weighing in next.

(COMMERCIAL BREAK)

[16:31:50]

WHITFIELD: All right. Hello again and thanks so much for joining me, I'm Fredricka Whitfield. The anticipation is indeed building, the debate just days away. Let's go now to the site of the presidential debate. My colleague John Berman is there in Simi Valley, California. What's happening there, john?

BERMAN: It's all happening here, Fredricka. We're just three days away now from the big debate, right here at the Reagan Presidential Library. You can see how beautiful it is all around me. The candidates face off on Wednesday night. The top candidates take the stage at 8:00 p.m. The second tier begins at 6:00 p.m. The remaining four candidates will be then. It is all worth watching because this really could be make or break for so many of them. What a place this is. You can see right there, that's the vantage point from the sky here in Simi Valley. You know Ronald Reagan buried here, facing west, Facing the pacific. This is the land that he loved so very much. Here with me to talk about the comings and goings and the big event Wednesday night, CNN's Political Director David Chalian, and Mark Preston, our Executive Editor of Political Coverage. I want to look at where the polls are right now, the latest poll, all Donald Trump, 32 percent, Ben Carson up in second place now, the rest of the candidates in single digits. And for a lot of them, not even high single digits. Let's talk about Scott Walker right now. He was the leader at one point, certainly the leader in Iowa for many, many months. Listen to what he said on State of the Union about what some considered to be the faltering state of his campaign. He talked to Jake earlier today.

(BEGIN VIDEO CLIP)

GOV. SCOTT WALKER (R-WI), PRESIDENTIAL CANDIDATE: The bottom line is we get around the state. We're going through our 30th county of 99. We'll be through all 99. We're putting in the time to grass roots. When people hear our story about how we have got a plan to wreak havoc on Washington, and when they see that unlike anybody else in this race, we've actually been tested. We're convinced in the state where caucuses are the name of the game, and it's about five months out. We've got the time to make the grass roots connections and get that message out.

(END VIDEO CLIP)

BERMAN: He's talking about time. Does Scott Walker, Mark, have the time he thinks he has? Rick Perry dropped out of the race tonight. We've been on TV now for two and a half hours. I haven't mentioned Scott Walker's name yet, the talk about Jeb Bush, Donald Trump, Carly Fiorina, Ben Carson, for guys like Scott Walker is when did I make or break?

MARK PRESTON, CNN POLITICS EXECUTIVE EDITOR: Well, I wouldn't say its make or break, but it's certainly really important for the sense that he needs a moment, ok? Think about this of a race between a tortoise and a hair, right? You have -- Donald Trump out there is the hare. He's way out in front. But a lot of people think that Donald Trump will potentially fall when it comes February. So who is going to be in the middle of the pack, who's the one who's going to be able to get conservative voters to rally around him, and I think Scott Walker needs a moment not necessarily to attack Donald Trump on Wednesday night, but he needs a moment that conservatives will say, I like this guy.

BERMAN: You know if you're talking about Trump or Carson or Jeb Bush, David, who do you think the stakes are highest for here?

DAVID CHALIAN, CNN POLITICAL DIRECTOR: I think Scott Walker is one of them. There's no doubt about that. I also think that if you are a Rand Paul or a Chris Christie or a Marco Rubio, you've got to breakthrough in a way right now. You've got to show why you still belong in the conversation. And I think that -- I would put a lot of pressure on sort of Christie and Rand Paul, they're going to be on either end of the stage, right? And I think this is a turning point in the campaign. We are two weeks away from the end of the fundraising quarter. This is a moment where if you don't look like you're in this for the long haul and relevant to this conversation through the voting in February, your donors and your supporters are going to start looking elsewhere.

BERMAN: The last time you know Chris Christie and Rand Paul fought with each other. You and I disagree. You think that it was a good moment, a breakthrough moment for them. I think any moment when you're not dealing with Donald Trump or you're not talking about the things other are maybe hurting yourself. Carly Fiorina was not on the main stage in the first debate, will be on stage in the CNN debate. And she's been a big focus of this campaign. Donald Trump has been talking about her, talking about her face. Well, today in New Hampshire, Carly Fiorina was out and she talked about what she may be looking at as she heads into this debate. Let's listen.

(BEGIN VIDEO CLIP)

CARLY FIORINA (R), PRESIDENTIAL CANDIDATE: Donald Trump is an entertainer. And so he says things that are entertaining. The truth is voters don't ever really ask me about him because they actually are concerned about the state of the nation.

(END VIDEO CLIP)

BERMAN: You know Donald Trump is an entertainer. But you know Carly Fiorina herself was entertaining. She is on the main stage this time because of her performance in the first debate. It's a lesson, Mark, to all these other candidates, I think.

PRESTON: I do think it's a lesson. And she really had a great debate. If you would've looked at any winners that came out of the first debate, Donald Trump only because he didn't fall, and Carly Fiorina because she showed leadership. And I think that when these candidates take the debate stage, a lot of people say, you know perhaps they could win, they'll score points if they take on Donald Trump. That's not necessarily true. They got to go out there and they have got to convince the American public that they are a forceful leader. That is in part what's fueling the Trump candidacy.

[16:37:03]

BERMAN: Also fueling the Trump candidacy, David Chalian, is the fact that Donald Trump has a strategy. He is doing things that are helping him. Monday night, he's going to Dallas talking to a packed crowd in Dallas. He'll have pictures for days this week heading up to this debate of people yelling and screaming for Donald Trump. He's going to release a tax plan in a few weeks. You know it may not have as many lines as Jeb Bush's tax plan but Donald Trump can point to it and say, hey, here's my plan.

CHALIAN: That's the key and I think he -- you know he did on his immigration plan, he's been pointing it to it nonstop ever since, and remember before he put out his plan for immigration, every question to him was about immigration. He'll do the same thing on taxes. You'll also see him -- though, he himself calls himself the counter-puncher. He's been trying to step back a little bit from starting fights with folks and he is just there to hit back when they hit him which they inevitably do because of the problem we're talking about, they want to be relevant and in the conversation.

BERMAN: Does that work forever, Mark Preston?

PRESTON: It's certainly working right now. We've never seen this happen in our lifetime. We've never seen a candidate who is a reality TV star, who is a very successful businessman who has been leading in the polls. So you know there is really no roadmap right now. I do think that it's unsustainable unless Donald Trump really starts releasing policy papers with depth solutions...

BERMAN: In ten seconds I'll ask both of you, who does Donald Trump worry about most on that stage?

PRESTON: Marco Rubio.

CHALIAN: Carly Fiorina.

BERMAN: Guys, thank you very much, a lot to think about heading into Wednesday night. David Chalian, Mark Preston thanks so much for being with us. The debate, it will be here at the Reagan Presidential Library Wednesday night, our coverage on CNN, the first debate at 6:00 p.m., then 8:00 p.m. back to back excitement. And Fred, I got to tell you, people are walking by this set asking us about this debate, asking about what's going on here, the excitement already begun.

WHITFIELD: Oh yes indeed it has. It's only going to heighten with each minute and each day until Wednesday. All right John thanks so much. We'll be right back.

(COMMERCIAL BREAK)

[16:42:01]

WHITFIELD: A Georgia man accused of killing his 22-month-old son wants a judge to close his hearings to the media. His lawyers argue that media exposure from the hearings will make it impossible for Justin Ross Harris to get a fair trial. Prosecutors say Harris intentionally left his son, Cooper to die inside a hot SUV. The pretrial hearing is set to begin tomorrow.

I want to bring in Phillip Holloway, he is a CNN Legal Analyst and Criminal Defense Attorney. So during this investigation, Harris' name and face were all over broadcast media. People were very familiar with this case. What are the chances of this kind of motion that a pretrial hearing would be closed and to what benefit, why?

PHILLIP HOLLOWAY, CNN LEGAL ANALYST: Well, the defense's motion is entitled motion to close the courtroom to protect the defendant's right to a fair trial. So that's the reason they say they're asking for this. That being said Fredricka that is a very tall order, there is a very strong presumption under federal constitutional guidelines -- actually there was a case out of Georgia a couple years ago called Pressley versus Georgia. The United States Supreme Court said there is a very strong presumption in favor of open courts. And if there is any kind of closure at all, it must be narrowly tailored. The odds are that motion will not succeed. Statistically of course you just never know. But the Supreme Court has set the bar so high it is in all likelihood going to be denied.

WHITFIELD: So what is likely to happen -- you know is the course of action during this pretrial hearing? Is it for both sides to lay out the types of evidence, the types of -- you know witnesses that would be called what?

HOLLOWAY: There are more than 14 or 15 motions, some of them were amended as recently as last Friday, Fred. So there's a lot going on. A lot of it is constitutional challenges to various motions, there are some constitutional challenges to some of the accusations leveled in the indictment, and there are motions to sever. But the really big thing that everybody's watching for is the motion to suppress evidence. And that's where we would see the rest of the story, so to speak. The things that everybody started asking about after the preliminary hearing last summer. So the defense wants that evidence to be seen and heard by the public for the first time during the trial itself, not during the pre-trial motion.

WHITFIELD: Interesting. And then of course there is a motion possibly to make sure a conversation between Justin Ross Harris and his wife would be suppressed. At what stage, just during this pretrial hearing or are we talking about suppressing it for the entire case?

HOLLOWAY: There's a motion asking it be suppressed outright from the jury's consideration. We don't know what that conversation consisted of, all we know of is what was briefly alluded to during the preliminary hearing.

WHITFIELD: Why would they want to do that? What could it potentially say?

HOLLOWAY: The motion to suppress alleges that that violates Georgia's rule against spousal privileges, things that husband and wife might say to one another, not being admissible in court. Also Georgia has a law that says it's against the law to eavesdrop on someone using electronic equipment if they don't know about it in a private place. The question is whether or not a police holding cell is a private place. The marital privilege law however, was amended in Georgia a few years ago. So hypothetically if becomes necessary or if it's something that the D.A. might want to do, they could conceivably force the wife to testify against the husband about things that may have been said.

WHITFIELD: And she has never been charged in this case?

HOLLOWAY: She has not been charged with anything. That's correct.

WHITFIELD: All right, Phillip Holloway, thank you so much. Appreciate it.

HOLLOWAY: Glad to be here, thank you.

WHITFIELD: We'll be right back.

(END VIDEO CLIP)

[16:54:01]

WHITFIELD: All right, let's get back now to our coverage of the presidential race. My colleague John Berman is there in Simi Valley, California where CNN is hosting the next debate Wednesday night. I can feel the excitement from 3,000 miles away.

BERMAN: There have been people all around coming up to the set here saying its just three nights away isn't it? The answer is yes. Right here at the Ronald Reagan Presidential Library, the Republican debate Wednesday night. And as this moment gets closer, these candidates are out on a stump, they are working hard. They're trying to get their message out. And they were on the Sunday talk shows this morning doing it as well, making their case why they think they deserve to be the Republican nominee. This is what they had to say.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: Well, I'm a deal-maker. I'll make great deals for this country. Ben's a doctor and he's not a deal maker. And I'll make great deals for our country which is very important.

DR. BEN CARSON (Rd, PRESIDENTIAL CANDIDATE: My life is multi-faceted. Growing up having multiple jobs, experiencing every level -- social economic level in our country, spending multiple years in corporate America, 18 years on the board of Kellogg's, 16 years on the board of Costco, you know, it's -- you get an enormous amount of experience doing those things.

GOV. CHRIS CHRISTIE (R-NJ), PRESIDENTIAL CANDIDATE: You can stand up and be strong as I've done in New Jersey and still find a way to work together and compromise. But these folks on Capitol Hill have no interest in doing that. They care more about being on shows like this inside the beltway and you know spouting off things.

WALKER: They actually want someone who can get the job done. All these other folks can talk all they want. Remember, Barack Obama had never run anything in government before and we see what a lousy President he's been not just ideologically, but in terms of actually running things. I've run things. I've actually got things done. If you want someone who will fight and win, not just win three elections in four years in a blue state like we did, but win and get results without compromising common sense, conservative principles, then I'm the candidate.

(END VIDEO CLIP)

BERMAN: So much at stake for these candidates this week here. That is all for me for today from Simi Valley. You can watch all the dramatic moments of the Republican face-off right here on CNN Wednesday night, back-to-back debates, 6:00 p.m., 8:00 p.m. Eastern time. Fredricka, I will be here all week and I could not be more excited.

WHITFIELD: I know. I'm excited for you. We all know that you know it's unpredictable. We have no idea what is going to be said. But we -- I think everyone can agree the goal for all of these candidates is simply going to be to stand out, whether they say something good or bad, right?

BERMAN: Well, I think they would prefer to stand out for saying something good. If you stand out for saying something bad, this campaign might not last much longer.

WHITFIELD: Except these days it seems just like anybody wants a little extra air time, right. All right, John Berman, we will be watching you and of course all of our team members there in Simi Valley, California for that debate just now just three days away. The clock is ticking. Thanks so much, John. And of course we'll see you later on. And thanks so much everyone for joining us this afternoon. We'll have much more news right after this.

(COMMERCIAL BREAK)

WHITFIELD: All right, checking the top stories now, Austrian Federal Railway says Germany has stopped all train traffic to and from Austria until Monday morning local time. Thousands of Syrians have flooded train stations since the two countries opened their doors to refugees. Reuters is reporting a record number who were expected to enter Austria from Hungary today. And tomorrow, the Ferguson Commission will release its final report into what court system and police department changes should be made in that city in Missouri. The group pf local leaders came together last year before a grand jury chose not to indict a Ferguson, Missouri police officer in the shooting death of Michael Brown.

And three-time NBA MVP Moses Malone has died. He was the first player to come directly from high school to the NBA. Malone was just 60 years old. He died in his sleep. He played 20 seasons for the Philadelphia 76ers.

All right, thanks so much for spending the day with me and John Berman out in California. I'm Fredricka Whitfield. The next hour of the NEWSROOM begins right now.