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LEGAL VIEW WITH ASHLEIGH BANFIELD

Dems Rally Voters Ahead Of Super Tuesday #3; 691 Delegates At Stake For Dems Tomorrow; Clinton's Coal Remark Raises Eyebrows; Palin's Husband Injured In Snow Machine Crash; Trump Says To Arrest Protesters Or "Disrupters." Aired 12:30-1p ET

Aired March 14, 2016 - 12:30   ET

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


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[12:33:41] ASHLEIGH BANFIELD, CNN ANCHOR: Senator Bernie Sanders is looking to close the gap against his rival Hillary Clinton. They're battling for nearly 700 delegates across these five states tomorrow.

Sanders is expected to be competitive in the mid western contest and Clinton has an edge in the south. In the meantime the senator is focusing the first part of his day on Ohio, he's already held one rally in the Buckeye state. And he's expected to hold another one in the next hour.

Will it make a difference in his last view stop?

I want to talk more about this Jonathan Tasini, he is a Sanders supporter. You can tell by the little blue button on his lapel. He's the author of The Essential Bernie Sanders and his Vision for America which should be the icing on a cake to know that he's Bernie Sanders support.

JONATHAN TASINI, BERNIE SANDERS SUPPORTER: ... does it.

BANFIELD: But here's the deal.

TASINI: Yes.

BANFIELD: No matter how you slice it, you look at the polls going into these five states and Secretary Clinton has a solid edge on all of them. Is he looking to just scramble those numbers of delegates and just keep plodding along until states become more favorable or until his popularity catches up with him or what's the strategy here?

TASINI: Well I just use one word, Michigan.

BANFIELD: Yeah.

TASINI: And I think actually the polls I saw at one point, and I'm skeptical about polls frankly. But one ...

BANFIELD: As we should be. Michigan told us that.

TASINI: Michigan told us that. Absolutely, you're absolutely right. He was leading by two points in Illinois, a state that he was behind by 25 points. I think we're going to do very well in Ohio, Illinois, the Rust Belt areas as we call them partly because Hillary Clinton as you well know has supported NAFTA and many of the bad trade agreements that have destroyed the middle class in those areas. I think North Carolina and Florida will be a bit more challenging.

[12:35:15] But I think you made an excellent point. I think at least in the states where we may not win, we want to have at least a competitive margin so the delegates are apportioned in a relatively close match. As you know if it's 51, 49 or 55, 45, the delegate split is not that dramatic.

But your point going forward the map turns very favorable to Bernie Sanders once we get past these states. Utah is going to vote in the 22nd actually. Then you get into states like Oregon, California, Washington where I think we're going to do very well in the northeast.

And I think there is a path where at the end of the day as Jeff Weaver campaign manager said, we will pass Hillary Clinton in the delegate total. Not counting the super delegates.

BANFIELD: Well the super delegates were a list of those numbers because that's the one that has people sort of shaking their heads saying, "Wait, what states did I miss?"

It looks so lopsided. If we could put the super delegate count up in the total delegate count up, I don't have them memorized because it's pretty tricky and it moves all the time. 1,244, she's more than halfway there Jonathan Tasini.

Does the sanders camp has to be thinking we have to do more than just scrape up some here and there and hope for the best to get to those states because it might be too far down the line. Those states might be too far down the line. She might nail it before then.

TASINI: Well, we've got New York coming up April 19th which I think Bernie is going to do extremely well there.

BANFIELD: She's the New York senator.

TASINI: Yeah, but she was a New York senator for a very ...

BANFIELD: She's living in New York.

TASINI: Yes, OK, fair point. But I think Bernie is also very popular. I'm from New York here in this city and there's a tremendous amount of enthusiasm for Bernie Sanders. I think we could win New York but do very, very well in New York.

BANFIELD: Can I ask you a quick question?

TASINI: Yeah.

BANFIELD: Is Bernie sanders campaign going to lift the same thing that Rand Paul is already tweeting out from last night's CNN town hall, the comment that on stand alone is very unpleasant?

We're going to put a lot of coal miners out of work. With context, it's -- and help them to rise in a different industry. But you know how political advertising goes. Would Bernie Sanders stick to that level to get these Rust Belt votes early on and say "Look what Senator Clinton said about putting coal miners out of work."

TASINI: Well, I think there is a broader question which is forget about the tweeting and the advertising. But the fact is Hillary Clinton supported all those bad trade agreements that in fact did cost hundreds of thousands of jobs.

BANFIELD: Bernie Sanders is for climate change, you know, and promulgating a cleaner environment as well. And that's exactly what the senator was saying last night when she actually said those unfortunate words as standalone, right?

TASINI: Let me finish.

BANFIELD: What he do, I'm asking you. Would Bernie Sanders do that because that's what the Republicans are already doing, no, they would do it in the general?

TASINI: Let me finish the point about the trade agreements which are quite important. I think that that will play very well for our base for Democrats for in favor of Bernie Sanders in Ohio all those Rust Belt areas because those are very, very -- those are very pungent. You know, people know about those trade agreements, they know they lost their jobs to NAFTA which was signed by Bill Clinton.

Hillary Clinton supported all those trade agreements with one exception along the way.

BANFIELD: Yeah, by the way, signed by Bill Clinton, Hillary Clinton was the first lady at the time.

TASINI: I know but she had plenty opportunity afterwards outside the White House to vote against permanent trade relations with China, other trade agreements ...

BANFIELD: ... against the TPP, took her a long time, but she did it.

TASINI: Yes, and I will say congratulations to the activists out there who essentially forced her hand honestly, the chamber of commerce president Tom Donohue who has said "Don't worry about this, Hillary Clinton is just saying that for the election." He has explicitly said to his members, don't worry, if she's elected, she'll come back and be pro TPP.

On climate change, Bernie has a very comprehensive climate change program which will include any kind of transition that has to happen as we get to a more climate friendly.

BANFIELD: I didn't get your answer, though, as to whether Bernie Sanders would use those words in a campaign.

TASINI: I don't know, I'm not the ad guy. But I'm being honest about things that I just -- actually don't know. But I do ...

BANFIELD: I got to wrap it there. But will you, are you busy tomorrow? Super Tuesday, I don't know if you knew.

TASINI: I'll come by. I'm happy to come by.

BANFIELD: You better come by. And then you really better drop by on Wednesday. OK, Jonathan Tasini, good to see you, thank you. Appreciate it.

All day tomorrow, as I said, complete coverage of Super Tuesday part three. And you might think part three been there done that. But this is kind of like part one in terms of its superness, critical. This really could call the race. Florida, Illinois, North Carolina, Missouri, Ohio, all up for grabs.

[12:39:28] Our team of reporter, analyst, correspondent, crossing every one of these contests and we're covering it in every angle all day tomorrow only on CNN.

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BANFIELD: Let me bring you some breaking news. If you were expecting at about 12 noon that Sarah Palin was going to be having a campaign rally in the villages in Florida, it's been canceled and it is actually a very serious reason as to why. Her husband Todd, who played a very big role in her own vice presidential campaign has been in a terrible accident up in Alaska, a snowmobiling accident.

I want to get us right to Chris Frates who's with the Trump campaign right now to get us some of the details or what have. And this is really terrible news Chris, what do you know?

CHRIS FRATES, CNN CORRESPONDENT: Very bad news Ashleigh as you say, Sarah Palin was scheduled to speak at the villages in Florida on behalf of Donald Trump today. That's of course a big state for Donald Trump. But she has canceled that event. And we have a source close to the Palin family.

I want to read you what they're telling CNN. "Todd Palin was in a very serious snow machine crash last night, currently hospitalized in intensive care. Governor Palin has been on the phone with doctors and family all morning, booked best of limited flights back to Alaska via Tampa will stop by Trump Tampa town hall on way to the airport and not travel to Ohio or the villages as planned. Have been in touch with the Trump campaign who have been fantastically understanding as always that family comes first."

[12:45:21] So the Trump campaign understanding this is a very terrible situation. Donald Trump of course just finishing a one on one interview with Chris Christie here in Hickory, North Carolina, he did not address this, Ashleigh. But certainly this is terrible news and everyone wishing the best to Todd Palin and to Sarah Palin as she heads back to Alaska to be by her husband's side, Ashleigh.

BANFIELD: And Chris, I want to point out the video that our audience has been watching as you've been giving up this update is from a campaign trail in 2011 in August in Des Moines, Iowa when Todd Palin joined his wife on the campaign trail.

Every so often you'll see the flash of the red checkered shirt in the video. And that's Todd Palin.

A lot of people know him from her reality show where, you know, the Palin family was highlighted all the time. And so people became very familiar with Todd Palin through the show Sarah Palin's Alaska.

If I can I just want to read a statement that the Trump campaign has also sent out, Chris. So indulge me if you will for a moment. This is a statement on Governor Sarah Palin's cancellation today. And it goes to say, "Todd Palin was a bad snow machine accident last night and is currently hospitalized. Governor Palin is returning to Alaska to be with her husband and looks forward to being back on the campaign trail soon."

Mr. Trump's thoughts and prayers are with the Palin family at this time and if you're just joining us again, Todd Palin is in very serious condition in the hospital right now after that snowmobiling accident in Alaska.

And if I still have you, Chris Frates, is there any sort of talk or was there any activity that you saw within the Trump camp? I know that they have been, you know, very thankful for Governor Palin's endorsement. We just saw the video of the day that she stood with Donald Trump to endorse him. But is there sort of a flurry of activity, a nervousness at all that they're loosing this extraordinarily important voice right before an extraordinary important Tuesday?

FRATES: Well, Ashleigh, Donald Trump did not bring it up this his conversation with Chris Christie. And we were not able to see what was going on behind the scenes back stage. We are here on the press riser as this wraps up.

And I've not been able to talk with any campaign officials yet as I've been here reporting with you. But certainly this is something that the Trump people are going to feel in Florida.

But remember, he has a big lead in Florida, double digits ahead of native son and Senator Marco Rubio. In fact he canceled a Florida event today to spend more time in Ohio. Sarah Palin was going to be his surrogate there. Certainly they will miss the governor in Florida, but this is not a campaign that feels that Florida is something they have to worry too much about, Ashliegh.

BANFIELD: Yeah, and again, just as a reminder, Chris Frates is with the Trump campaign in Hickory, North Carolina. As Todd Palin, Governor Sarah Palin husband has had a terrible accident, a snowmobiling accident up in Alaska. He is in intensive care. Governor Palin has been on the phone apparently according to a source with doctors and with family all morning.

She's trying to book flights and get back to Alaska as quickly as possible canceling her campaign event for Donald Trump. Our thoughts go out as well to the Palin family as well.

Coming up, the news continues. Donald Trump now blaming Bernie Sanders for the disruptive protesters, the pictures of which you have been watching most of this weekend. He has a message for the protesters, too and to the police. He's asking that if they're disruptive, that they're arrested. But is that legal? Just what are their rights in those rallies? And how about the rights of the guy that did the sucker punch.

[12:49:01] That's next.

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BANFIELD: There has been an unsettling trend at some Donald Trump rallies, violence, angry face off between Trump supporters, Trump protesters, fist strung, chaos. Trump is insisting this is not his fault and he's been denying that he has been inciting his supporters to fight. He blames the ugliness on outsiders, on agitators and he even says that they're Bernie Sanders supporters and that is not been sitting well with Bernie Sanders.

(BEGIN VIDEO CLIP)

BERNIE SANDERS, (D) PRESIDENTIAL CANDIDATE: You don't go out and say, it's OK to beat somebody up and I'll pay the legal fees. That is not what this country is about.

(END VIDEO CLIP)

BANFIELD: Trump has gone so far as to say protesters should be arrested if they disrupt. Not for the actual violence which is already against the law and you could be arrested. But just for dissenting.

Jeffrey Toobin is a senior legal analyst with CNN. And you're here to debunk the fact that you can just ask the police to arrest people who speak loudly and saying things you don't like.

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, let's backup even. You know, people often use the phrase press charges which is really misleading because it's not up to individuals, who gets arrested. It's up to the police who get arrested. And that's up to determination if people have committed actual crimes.

The question here of course is what amid all this tumult is actually a crime is what is first amendment protected expression.

BANFIELD: So many of Trump supporters will say these are tickets and private they're events and if you come in there with the intention of disrupting it, that's a problem.

TOOBIN: Yes, it is a problem. And you can be evicted.

BANFIELD: You can be evicted.

TOOBIN: That's not a crime.

BANFIELD: Right.

TOOBIN: It's very different from, you know, someone who disrupts a proceeding to which some people are invited. It is clearly grounds for eviction if you were shouting and disrupting it. But that is not a crime on its own.

BANFIELD: And if you throw a punch at a Trump supporter you don't like in that rally, that ...

TOOBIN: End of story, yeah, everything. I mean I think everyone recognizes a punch is a crime. The police have to step in. The guy who ran up on the stage towards Trump, I forgot what city that was in ...

[12:55:12] BANFIELD: Several.

TOOBIN: Well, no the one guy who was right up on the stage.

BANFIELD: I think that was in Ohio.

TOOBIN: I think it was in Ohio, yes.

BANFIELD: If you charge the stage, you're also ...

TOOBIN: ... yes.

BANFIELD: So this is something that it comes on the heels of Trump also saying couple of weeks ago that he wants to start expanding the liable issues whereby he could sue the press more easily for liable. These are sort of a lot of people saying encroachment on the first amendment.

TOOBIN: Well and it is also it's not up to Donald Trump or any president.

BANFIELD: Yeah, the Supreme Court was pretty clear about ...

TOOBIN: Exactly. Well and also the liable laws are defined by the constitution which is interpreted by the United States Supreme Court, the idea that public figures have less right to sue than private figures do.

BANFIELD: One actual, quick question. I got 20 seconds left. Donald Trump and his supporters have said that the guy who got sucker punched was waving the bird and saying, they said he was spitting. I didn't see that on video. And so the guy who did the sucker punch had a right. Is that a defense in court?

TOOBIN: Not a chance in the world. But yeah, a sucker punch like we all saw in the view regardless of what the provocation was, you can't do that's a crime.

BANFIELD: Verbal.

TOOBIN: Verbal.

BANFIELD: Yeah. TOOBIN: Yeah. Right. I mean the spitting I suppose you could be -- that might change things a little. But certainly anything that he said, the victim of the sucker punch said, would not be justification to punch a guy like that.

BANFIELD: And I want to be super clear, I did not see any spitting on the tape. And I think he was too far away from the accused who have landed anything ...

TOOBIN: Sounds very implausible.

BANFIELD: So that might be really good money thrown after bad for Donald Trump if he wants to pay the legal fees.

TOOBIN: That's the whole point, if that he wants to be on the puncher side.

BANFIELD: Yeah, we'll continue to watch what happens. Certainly this is becoming a big headline.

Jeffrey Toobin, thank you. I appreciate it. Thank you everyone too for watching. But don't go away, because Donald Trump calls into CNN and discusses the primaries tomorrow and the disruptions at this recent rally, all of it with my colleague Wolf Blitzer. He gets under way really just after a short break. So stay tuned, he's up in a moment.

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