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Arizona Supreme Court: State Must Adhere To 123-Year-Old Law Banning Nearly All Abortions; Video Released Of Deadly Shooting Involving Chicago Police Officers; Netanyahu: Date For Rafah Ground Offensive Set. Aired 1:30-2p ET

Aired April 09, 2024 - 13:30   ET

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

[13:30:00]

NATASHA CHEN, CNN NATIONAL CORRESPONDENT: Again, this is a long, twisted path to get to this moment.

And at the same time there is a group trying to gather signatures to enshrine abortion rights in the state's constitution. They are gathering those signatures in a hope that they can put this to voters -- Boris, Brianna?

BRIANNA KEILAR, CNN HOST: Yes. I mean, that -- and that is their hope. Talk about the future of this issue because this obviously may not be the last word?

CHEN: And it seems that the state as we'll as some other states that we've seen have gone through this back-and-forth twisted path since Roe versus Wade was overturned since 2022.

Since that moment, there have been nearly, I think, a couple of dozen states who have severely restricted or banned nearly all abortions.

And so this is something that not just Arizonans are dealing with. There are also multiple states doing what they're doing here, at least from a citizen standpoint, of trying to gather signatures to make it part of the state's constitution.

So as of right now, as we are still Reeding through this 47-page document, again, we understand that within two weeks or two weeks out from today that the state must adhere to this law from really Civil War era, before Arizona became a state in 1912.

And again, this is a ban on nearly all abortions except in the instance of saving the life of the mother carrying a possible penalty here of two to five years of prison time for those providing the abortion.

KEILAR: All right, Natasha Chen, with the latest there, thank you so much for that.

Let's discuss this further now with defense and trial attorney, Misty Marris.

Misty, obviously, this is something that activists are going to try to take to the ballot. So we will see where that will go.

But in the interim, what you are going to see, it appears after two weeks here, is no more abortions, with only an exception for the life of a mother in Arizona.

Talk to us a little bit about what that is going to look like, considering there has been a lot of confusion around that. It seems clear on paper, the life of the mother, it's not so clear. We know that, in other states, it is actually caused some women, who had wanted pregnancy, the possibility of being able to have future pregnancies.

MISTY MARRIS, DEFENSE & TRIAL ATTORNEY: Absolutely. So first of all, I'm sitting here trying to figure out how a court found that an 1864 law supersedes a 2022 law regarding abortion.

But I've read -- I'm reading through the decision and I've Reed the courts rationale. But to flip to what you're speaking about, you know, 14 days for complete upheaval of the medical industry of -- of any woman who is having any kind of treatment or it was seeking treatment, that's not too much time.

And to your point about, what does it mean to save the life of a mother? You nailed it. It has not been clear what that means from the legal perspective, as there's been confusion between which law applies in the state of Arizona, which was the precipice for this case.

The question is, what is a lifesaving measure? How far does that have to be? Is it truly that someone is at death's door or is it a condition that could impact the mother's life that qualifies under the statute? So all of that has to be hashed out.

As far as what happens immediately, the governor had actually gotten ahead of this, and there is an executive order that says that the attorney general is responsible for enforcing this statute, for enforcing this decision.

And the attorney general has said, and I imagine we're going to hear from that today, that they're not going to move forward with enforcement. Now that leads to a lot of other legal issues and challenges from local prosecutors.

So this is a thorny road ahead with a lot more legal -- a lot more legal issues that are going to come.

BORIS SANCHEZ, CNN HOST: Yes. You can bet that there's already a lawsuit being crafted against the attorney general for the claim that they won't enforce this.

Misty, I want to dissect the rational here as you were describing it for this decision.

The Supreme Court of the state of Arizona apparently is saying that they are constitutionally obligated to go by the legislature's judgment, which is accountable to, in their words, the will of citizens. They're effectively arguing and I quote, that, "To date, our legislature has never affirmatively created a right to or independently authorized elective abortion."

Essentially, what they're saying is that the legislature has never enshrined abortion as a right in the state constitution and, therefore, they have to revert to what's on the books.

And what's on the books is this 120-plus year-old law. Is that basically what they're saying?

[13:35:08]

MARRIS: Yes. Let's take it step-by-step. So here's what happened. In 2022, there was a law passed in Arizona relating to a 15-week gestational period. So we have 15-week ban.

Obviously, that is a more expansive right than this 1864 law, which says abortions were essentially illegal with the exception of when the mother's life is at stake.

Because that 2022 law was predicated on Roe v. Wade, the right to an abortion was predicated on Roe v. Wade, and, therefore, the 2022 loss stood.

Without Roe v. Wade, there is no independent right either in the state of Arizona or in federal -- or in the federal law that would serve as the basis for what Arizona did in 2022. Therefore, it's gone.

And so the 1864 law, which was always on the books, but was essentially just inactive and stayed, because Roe v. Wade provided that right constitutionally, is now in effect.

And that there's nothing on the books in Arizona or the federal law that says it couldn't be in effect. There's nothing to negate it.

And so since it existed, it's simply back into effect at this point. So that is the logic of the court. And that's why they say it supersedes what they did in 2022 as a state, which, to me, sounded like 2022. We'll, that would be the will of the people.

But because that was contingent on Roe v. Wade, they said, nope, back to 1864.

KEILAR: Very interesting and clear.

Thank you, Misty, for that. If you could stand by for us.

Because actually, Governor Katie Hobbs, in Arizona, they're just reacting to this ruling. Let's listen to what she said.

(BEGIN VIDEO CLIP)

GOV. KATIE HOBBS (D-AZ): We don't need to call a special session. The legislature is in session right now, and they can do this right now. They can do it today. And they should. They should listen to their constituents. Nine out of

10 Arizonans who support access to abortion, and do the right thing so that we are not living under the confusion and chaos and lack of access to health care that's needed, as you heard from those two stories. They can do it right now.

(END VIDEO CLIP)

KEILAR: All right. There you hear it. Governor Hobbs saying they don't need to call a special session, the legislature is already in session and could clear this up. But obviously, that is very much in question.

Misty Marris, thank you so much for being with us.

Obviously, a lot of breaking news here today as the Arizona Supreme Court has said that the state has to go all the way back to this law 123 years old.

But actually even older in its original formation all the way back the Civil War, that makes abortion completely illegal only with an exception for the life of the mother.

SANCHEZ: No doubt this is going to the have electoral consequences because there's this group trying to put abortion rights on the ballot in Arizona, a state, we have to mention, that could be critical for either former President Trump current President Joe Biden, to get to the White House.

KEILAR: Just became much more motivating, certainly for Biden voters. That is very clear.

SANCHEZ: Yes. Yes.

A lot of news to cover on NEWS CENTRAL, including Israeli Prime Minister Benjamin Netanyahu saying that he has set a date to invade Rafah inside Gaza where a million and a half people are effectively sheltering in place. He says, no force can stop him now.

We're going to break down what we know about his plans.

(COMMERCIAL BREAK)

[13:43:02]

SANCHEZ: New developments now in the police shooting and death of a 26-year-old black man named Dexter Reed in Chicago. Authorities have just released police body cam video of the incident which happened last month.

KEILAR: And according to preliminary information here, there were five officers assigned to a tactical unit pulling over Reed's SUV in a traffic stop.

Chicago's police superintendent says, after the initial traffic stop, there was an exchange of gunfire that ensued and, quote, "The offender in the incident was struck in gunfire by officers." CNN's Nick Watt is following this for us.

That is the written description, Nick. Now we have the video. It is a whole lot different. Tell us what's in it?

NICK WATT, CNN NATIONAL CORRESPONDENT: We'll, Brianna, I mean, as the mayor said, this is deeply disturbing video. What we see is a traffic stop around 6:00 p.m., March 21. One young black man driving a car is pulled over by an unmarked police car.

In that car, five un-uniformed officers. They apparently stopped Dexter Reed because he wasn't wearing his seat belt. They got out of the car, guns drawn.

Now, the context here is Chicago has had problems with this kind of stop in the past, this kind of police action. Laquan McDonald, a black teenager, shot dead nearly 10 years ago and Chicago.

And that brought in a whole raft of changes. The police department was accused of excessive force. There were changes, there was a new body put in place. The Citizens Office of Police Accountability. That's the body that released this video.

So we're about to show you this. It is disturbing. We pick up the video as those officers are getting out of their vehicle.

(BEGIN VIDEO CLIP)

UNIDENTIFIED LAW ENFORCEMENT OFFICER: Roll the window down. What are you doing?

Roll that window down.

Hey, don't roll that window up. Don't roll the window up.

[13:45:03]

Do not roll the window up.

(EXPLETIVE DELETED)

UNIDENTIFIED LAW ENFORCEMENT OFFICER: The doors locked. The doors locked.

(EXPLETIVE DELETE)

UNIDENTIFIED LAW ENFORCEMENT OFFICER: Open the doors now. Open the doors now. Open the door now.

(GUNFIRE)

(SHOUTING)

(GUNFIRE)

(SHOUTING) (GUNFIRE)

(SHOUTING)

(GUNFIRE)

(END VIDEO CLIP)

WATT: So, a police officer who was standing on the passenger side of the vehicle was shot, apparently by Dexter Reed.

And then officers, four officers fired 96 rounds at this young man within a 41-second time span. Dexter Reed's weapon, what's believed to be as a weapon was found on the passenger seat.

And in that video, you see he gets out of the car, police continue shooting as he's gotten out of the car. And even as he's lying on the ground behind that vehicle.

The officer who was hit, he was hit in the wrist. He is going to be fine.

Listen, the mayor said, you know, you can never condone shooting a police officer, but were going to investigate this fully. So the investigation goes on. They're not going to give us many more details.

Also key detail here is why were five on armed tactical officers in an unmarked car pulling over a young man in his seat belt.

(CROSSTALK)

KEILAR: Un uniformed, ununiform. I'm sorry. Yes.

(CROSSTALK)

KEILAR: So they're in plain clothes, is what you're saying?

WATT: Correct? Correct.

(CROSSTALK)

KEILAR: So there --

WATT: So why are they pulling over a guy?

KEILAR: And they pull over Dexter Reed. And so that's really one of the outstanding questions.

I have a question. Listen, we're just getting this video.

Are they identifying themselves? Is it clear what is happening here? I mean, do we have a sense of that, Nick. Ae those questions answered at this point?

WATT: We'll, what -- part of the problem with this video is there is no audio until they get out of the car. So we don't have the context of why they decided to pull this guy over.

On the video that I've seen, I have not heard them identify themselves as police officers. I cannot say categorically that they did not, but they are immediately in a fairly aggressive posture with him.

They are cursing at them. They are ordering him. And as we just heard, his own sister say, he must have been very frightened at the time. He's a single guy in a car and five people, five armed people, get out of an unmarked vehicle and surround him.

So his sister says anyone would be scared in that situation. So as I say, that is one of the answers that we just do not have.

And of course, the other focus of this is it's going to be why officers continued to shoot. Once, really the threat had been, some would say, neutralized once this young man was walking out of the car.

So that is going to be another question. As I said, a gun was found on the passenger's seat. But you hear the officers saying, as he's lying on the ground, where's his gun, where is his gun. So they don't know that he's left that weapon in there.

Now, also, COPA (ph) as I mentioned, that organization, they say, from their initial investigation, it appears to confirm that Mr. Reed fired first. So he fired on the police first, then this barrage of 96 rounds aimed at him.

KEILAR: Wow, Nick, still so many questions here.

Nick Watt, thank you for that. We'll continue to be asking more questions about what happened in that video.

[13:49:06]

And we'll be right back.

(COMMERCIAL BREAK)

SANCHEZ: Today, Vice President Kamala Harris is meeting privately with American families whose loved ones were taken hostage by Hamas.

They're meeting is happening after Israeli Prime Minister Benjamin Netanyahu announced that he has set a date to begin military operations in Rafah where about one million and a half Palestinians are now sheltering.

The U.S., U.K., and many other nations have opposed Israels plan for an incursion there.

But today, Prime Minister Benjamin Netanyahu vowed there is no force that will stop him from pushing forward.

Listen.

(BEGIN VIDEO CLIP) BENJAMIN NETANYAHU, ISRAELI PRIME MINISTER (Through translation): I know whom we will complete the elimination of the Hamas battalions including in Rafah. There is no force in the world that will stop us. Many forces are trying to do this, but it will not help because this enemy, after what it has done, will not do it again. It will cease to exist.

(END VIDEO CLIP)

SANCHEZ: We want to go now live to Jerusalem with CNN's Jeremy Diamond.

And, Jeremy, the backdrop for this is that the CIA director has now tried to reengineer another proposal to get Hamas to agree to the release of hostages from Gaza.

JEREMY DIAMOND, CNN CORRESPONDENT: Yes, that's right, Boris. And look, Israel appears to be on board with this latest proposal.

[13:55:02]

We just heard moments ago from Secretary Blinken, who said that the ball is now in Hamas is court. And we know that there are an enormous effort being brought, including by some of those mediators, the Qataris and the Egyptians to bring pressure to bear on Hamas.

For the moment, we know that this latest proposal would see about 900 Palestinian prisoners released in exchange for 40 Israeli hostages. But Hamas, in its latest statement earlier this morning, saying that Israel is still not meeting their demands.

And that's because beyond this issue of the ratio of Palestinian prisoners, we know the two of the main sticking points in these negotiations are, on the one hand, the withdrawal of Israeli forces from Gaza, and on the other, the return of Palestinians from southern Gaza to be able to return to their homes in northern Gaza.

And on that front, Israel has moved considerably over the course of the last few weeks. But it is still not in a position to allow the kind of unfettered access that Hamas is pushing for two northern Gaza.

And so amid all of this, Israel's security cabinet tonight set to meet to discuss the latest status of those negotiations.

And we know that what is also being discussed is a potential ground offensive into Rafah. The Israeli prime minister ,in recent days, doubling down on that offensive, despite concerns expressed by the United States and others -- of other Israeli allies.

So we know that this is being discussed that the Israeli prime minister says it's happening, even saying a date has been set. But we don't know yet what that is -- Boris?

SANCHEZ: Jeremy Diamond, live for us from Jerusalem.

Thank you so much, Jeremy. We are following breaking news in Arizona. The Supreme Court, their ruling the state must adhere to a more than a 120-year-old law that bans nearly all abortions. The impact reaction when we come back.

(COMMERCIAL BREAK)