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Trump: Judges "Shouldn't Be Dictating What You're Supposed" To Do; Trump Says He Doesn't See Vance As His Successor; CNN Rides Along With Border Patrol Amid Immigration Crackdown. Aired 5:30-6a ET
Aired February 11, 2025 - 05:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
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[05:32:43]
JIM SCIUTTO, CNN ANCHOR: Five thirty-two a.m. here on the East Coast. Here is a live look at the Capitol looking pretty this morning. Good morning, everyone. I'm Jim Sciutto in for Kasie Hunt. Great to have you with us.
The Trump administration continues to lash out at a recent wave of rulings by federal judges putting some of his early actions on hold. In recent days several orders in response to lawsuits from Democratic officials put Trump administration actions to freeze funding or lay off workers on pause.
On Monday, Chief Judge John McConnell Jr. of Rhode Island again ordered the administration to unfreeze grant and loan payment. During a hearing the judge said the attempt to freeze is "...likely unconstitutional and has caused and continues to cause irreparable harm to a vast portion of this country."
The president claims it's the judges who are overreaching.
(BEGIN VIDEO CLIP)
DONALD TRUMP, (R) PRESIDENT OF THE UNITED STATES: It's a shame what's happening, Mark. It's really a shame. But judges should be ruling. They shouldn't be dictating what you're supposed to be doing.
(END VIDEO CLIP)
SCIUTTO: Well, the judges were ruling.
Trump's latest comment piles onto criticisms we're already hearing from other top officials as well as Elon Musk and Vice President J.D. Vance, who writes, "Judges are not allowed to control the executive's legitimate power." Elon Musk now says "...is being destroyed by a judicial coup."
A federal judge in Boston gets ready to issue a ruling on whether or not the administration's buyout for government employees is legal.
Republican leaders of Congress are stopping short of pushing back against attacks on the judiciary. Senate Majority Leader John Thune told CNN's Manu Raju, "I mean, the courts obviously are the sort of the branch of our government that calls balls and strikes, and referees, and I think they've got an important role to play." Not quite strong words there.
House Speaker Mike Johnson added this.
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REP. MIKE JOHNSON (R-LA), SPEAKER OF THE HOUSE: I wish the courts would allow the executive and the legislative branches to work, but we'll see how all that develops.
(END VIDEO CLIP)
SCIUTTO: Joining us now, Joey Jackson, CNN legal analyst.
I mean, those words from John Thune -- kind of, sort of, they have a role, maybe -- I mean, we have a Constitution. There are coequal branches of government. The judiciary has the right to review actions by other branches of government here.
[05:35:05]
I just wonder as you watch this is this administration laying the groundwork to just straight to defy court rulings it doesn't like.
JOEY JACKSON, CNN LEGAL ANALYST, CRIMINAL DEFENSE ATTORNEY, FORMER PROSECUTOR (via Webex by Cisco): Yeah, they certainly could be, Jim. Good morning to you.
I think we're at an important moment in our history and that important moment is going to be telling as to how that very high court, which you know has a really conservative foolproof majority, right -- how we're going to live. And when I say that every branch of government has a role. I don't need to give a history lesson but perhaps the White House needs one.
You have an executive and absolutely, he's elected and that needs to be respected. At the same time you have Congress that has the authority to pass legislation and the executive enforces it, but the courts make an assessment as to constitutionality. We have a Constitution that has to be followed.
And you're allowed, if you're the president, to have priorities. What you're not allowed to do is to take unilateral actions, which are an overreach. If you have funds that are passed by Congress, Jim --
SCIUTTO: Right.
JACKSON: -- you, as the executive, right, are supposed to administer that and you take an oath of office to do it.
So we're at an important inflection point in history as to whether when it gets to the high court, they're going to play politics or they're going to honor the rule of law. That remains to be seen. The executive simply can't just do what it wants to do.
SCIUTTO: It's a good point because the point you're raising there is right that it's actually two branches here because Congress with the power of the purse passed this funding prior, and now the judges are saying in effect you have to spend that money that was appropriated by Congress. Trump is saying in effect no to both of you.
You mentioned the Supreme Court, and the Chief Justice John Roberts -- he has not commented on the current words from the administration. He did say this in his end-of-the-year 2024 report just a few months ago, and I'm quoting. "Within the past few years, elected officials from across the political spectrum have raised the specter of open disregard for federal court rulings. These dangerous suggestions, however sporadic, must be soundly rejected."
I mean, they're no longer sporadic, right, because we're hearing these from Trump, his vice president, Musk, who has become his mouthpiece, for some of these positions.
How would this work its way through? At what point might this rise to the Supreme Court and it might then have to weigh in?
JACKSON: Yeah, Jim. I think it's going to rise and go pretty quickly.
You mentioned Elon Musk. He's not elected but he's talking about hey, judges are corrupt. You can't call a judge corrupt simply because they don't do what you think they should do. There's a place for judges and that is to interpret the law, right? We look at the radical left of judges. I mean, it's not about radical left. It's about what it is that judges have a role to do.
You hear -- you talk about Vance also, Jim, the vice president where he notes that hey, it's not within the court's function to engage in illegitimate --
SCIUTTO: Right.
JACKSON: -- activities to thwart the will of the president. It's not, but it is to check the president.
And so I think it ends up at the Supreme Court. And when I talk about let's go full circle and an important inflection point in history, are the courts going to hold? Now, from what you read -- what you just read about the actual chief justice that's showing that listen, this is an important role that the -- that the government has, and the Supreme Court has, and that role is to really --
SCIUTTO: Yeah.
JACKSON: -- enforce the constitutional authority that we have.
And so it's going to be interesting to me, Jim. We're in bizarre times and it shouldn't matter that look, I have a D on my chest, that I have -- or an R on my chest, meaning Republican. I have an I, I'm an Independent. It's about justice and what does justice looks like. And just is not about electing a king to decide what's going to happen. It's about Congress, the will of the people, and whether the president has the constitutional, really, obligation to follow that will and just not take --
SCIUTTO: Yeah.
JACKSON: -- unilateral action because, you know what, I don't like that funding.
Not the way it works. That's in the province of Congress.
SCIUTTO: Well listen, I remember in the last administration Justice Roberts also pushed back against his idea of Republican judges, Democratic judges. There are judges to get away from this sense that you're either with me or against me, in effect, which seems to be the Trump approach to so many things.
Joey Jackson, thanks so much for joining this morning.
JACKSON: Thanks, Jim.
SCIUTTO: Now turning to this. President Donald Trump sat down with Fox News and gave his honest, quite direct thoughts about President (sic) J.D. Vance's future in Republican politics.
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BRETT BAIER, FOX NEWS HOST: Do you view Vice President J.D. Vance as your successor? The Republican nominee in 2028?
TRUMP: No, but he's very capable. I mean, I don't think that it -- you know, I think you have a lot of very capable people. So far, I think he's doing a fantastic job. It's too early. We're just --
BAIER: Right.
TRUMP: -- starting.
(END VIDEO CLIP)
[05:40:00]
SCIUTTO: It might not be what Vance was hoping Trump would say. It's also not the first time Trump has downplayed Vance's role as vice president.
Here was Trump on the campaign trail just two weeks after announcing Vance as his running mate.
(BEGIN VIDEO CLIP)
TRUMP: Historically, the vice president, in terms of the election, does not have any impact. I mean, virtually no impact.
(END VIDEO CLIP)
SCIUTTO: Joining me now, NOTUS political reporter Reese Gorman. Reese, good to have you this morning.
If it's not Vance, who is it? I mean, is Trump laying the groundwork for one of his children or perhaps for a third Trump term if he could get that past the courts?
REESE GORMAN, POLITICAL REPORTER, NOTUS: Yeah. I mean, I believe also -- I mean, he might just not be willing to kind of back J.D. at this point so early on. I know there's definitely a lot of lawmakers on Capitol Hill that do view J.D. Vance as his successor. I'm sure J.D. Vance views himself as --
SCIUTTO: Yeah.
GORMAN: -- a successor to Trump.
But, I mean, I think Trump -- I mean, like we saw -- I mean, Trump doesn't like to lose at all so he might be looking at this being like we don't know what it's going to look like come 2028. And so he's kind of trying -- keeping his powder dry and kind of backing off and just being like let's wait and see how this whole field plays out as a -- you know, a lot of people are probably get in the run, especially the first kind of election --
SCIUTTO: Right.
GORMAN: -- without Trump going to be on the ballot.
SCIUTTO: Trump has said more than once well, maybe --
GORMAN: Yeah.
SCIUTTO: -- possibly I might run again. He certainly hasn't eliminated that. Is that serious talk? Once again, I think there's a tendency in this town to at first dismiss comments like that as bluster until Trump sticks with it and before you know it, it becomes reality.
GORMAN: Yeah. I don't really believe that the -- because there's going to have to be a change in the Constitution, which is going to take -- I mean, that's going to take a whole lot of stuff that is going to -- Democrats are going to have to get on board -- Democratic states -- in order to change the Constitution. So it's going to be really difficult.
I mean, there are lawmakers. I mean, Andy Ogles has a bill out that could allow Trump to serve a third term.
But again, I mean, the Constitution is very clear on this about what happens so I don't necessarily think that it's a realistic possibility that he could actually serve a third term.
SCIUTTO: Right. Well, unless Trump attempts to ignore a judge's ruling on what the Constitution says, or at least the amendment says.
I want to take -- ask you to take a listen to one prediction as to how Trump might be thinking about a successor. Have a listen. (BEGIN VIDEO CLIP)
REP. JAKE AUCHINCLOSS (D-MA): Donald Trump Jr. I think wants to build a dynasty on the back of his father and is going to be looking for opportunities of nepotism to establish himself as the heir apparent. The Trump family views politics as a family business and one in which they want to reward each other, their spouses, their friends. I mean, J.D. Vance got into the position he's in because he befriended Donald Trump's sons.
(END VIDEO CLIP)
SCIUTTO: Congressman Jake Auchincloss there.
Is it possible that Trump sees this as a family affair in terms of his successor?
GORMAN: It's 100 percent possible. I mean, you've seen -- I mean, the Trump is very involved in Trump's kind of political -- especially the first time. They're kind of less so this time. But, I mean, they're still a senior adviser. I mean --
SCIUTTO: Um-hum.
GORMAN: -- even if not officially a senior adviser, Trump trusts Donald Trump Jr. and Eric Trump a lot when it comes to a lot of this stuff. I mean, Jared Kushner was one of his top advisers in the first term.
SCIUTTO: Um-hum.
GORMAN: And so he does trust them and he trusts their judgment when it comes to policy, politics, and what to do. I mean, all throughout the campaign Don Jr. was someone that Trump would look to regularly. And even some of Don Jr.'s top advisers also are really close with the president.
So is this something that -- I mean, would it be surprising that he does see this as a family affair of kind of lay the pathway for one of his sons to serve down the road.
SCIUTTO: And Don Jr. was essential in picking J.D. Vance as his vice presidential running mate.
GORMAN: That's exactly how J.D. got on the map for Trump.
SCIUTTO: I want to -- I want to turn to something that President Trump is facing right now, and that is the rising cost of eggs. Grocery stores such as Costco and Trader Joe's limiting purchases. Waffle House adding a surcharge to eggs. Now, thieves. I mean, it's more than once, right? Thieves are actually stealing eggs.
Of course, the president campaigned on lower prices. He promised to lower prices on day one. That's not happening.
Is there a significant concern inside the White House -- the administration that this will eventually hurt the president?
GORMAN: I know definitely on Capitol Hill there is definitely concern on this. I mean, Republicans, especially going into the midterms -- I mean, you saw what happened last time Trump was in office, right, at midterms as Republicans got wiped out in the 2018 midterms.
And this is something that, I mean, a lot -- some Republicans on the Hill do feel like he's not really paying attention to some of the most pressing issues of the time.
SCIUTTO: Yeah.
GORMAN: I mean, cost of groceries, which is what they feel like they won the election on that and border security, and other things. But specifically, I mean, the price of groceries.
I mean, Trump at this Bedminster, held a press conference just surrounded by groceries and was talking about the price. And obviously, I mean, prices aren't going down and that's something he campaigned to kind of lower prices on day one. And then he's come in and been like oh, like, lower prices is actually a lot more difficult.
SCIUTTO: Yeah.
GORMAN: And so it's definitely concern from Republicans on the Hill who he is going to have to answer. I mean, Trump's not going to have to answer for his rising cost of groceries for probably ever. I mean, because whoever runs for president will have to the next time. But Hill Republicans are going to have to answer for it in two years.
SCIUTTO: Yeah.
GORMAN: So this is something that they're concerned about.
SCIUTTO: Yeah, it's a good point. The political cost --
[05:45:00]
GORMAN: Yeah.
SCIUTTO: -- of continuing inflation would not be born by Trump himself but by Republican lawmakers.
GORMAN: Exactly. So they're the ones that are going to tell you about this burden of having to answer for all the things that Trump has done or hasn't done.
SCIUTTO: Um-hum.
GORMAN: And they're ultimately the ones that are going to pay the consequence for it come 20 -- whatever year it is -- 2026.
SCIUTTO: We'll see. And it comes -- it always -- those midterms always come quicker than you imagine.
GORMAN: They do. SCIUTTO: Reese Gorman, thanks so much.
GORMAN: Thanks for having me on.
SCIUTTO: Still coming up after this break an inside look at Trump's immigration crackdown as CNN's Rosa Flores rides along with agents at the southern border.
Plus -- and this is live pictures here of Vice President J.D. Vance in Paris right now meeting there with tech leaders.
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[05:50:10]
SCIUTTO: New overnight the first plane carrying migrants deported from the U.S. has landed in Venezuela. Nearly 200 people on that flight. This is the first repatriation flight since February 2024 when Venezuela stopped accepting them due to U.S. sanctions.
CNN's Rosa Flores now takes us on a ride along the border with border agents by ground and water as they patrol the southern border.
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE: 916 radio check.
CHRISTINA SMALLWOOD, U.S. CUSTOMS AND BORDER PROTECTION AGENT: So what we look for is any disturbance in the ground.
ROSA FLORES, CNN CORRESPONDENT (voiceover): In the dark by ground and at racing speeds on the Rio Grande at daybreak.
SMALLWOOD: We had a shooting incident in --
FLORES (voiceover): Border patrol agent Christina Smallwood shows us what border enforcement looks like in south Texas under Trump 2.0.
FLORES: Since the new administration started how has your job changed?
SMALLWOOD: It hasn't.
FLORES (voiceover): She still tracks smuggler hotspots and analyzes footprints from border crossers.
SMALLWOOD: It may be evening hour foot traffic.
FLORES: So last night?
SMALLWOOD: Right.
FLORES (voiceover): The most significant changes, she says, President Donald Trump ending the Biden era CBP One app, which was used by migrants to enter the U.S. legally. And the de facto end of catch-and- release, a term for authorities releasing migrants into border communities after immigration processing.
FLORES: What is the biggest impact?
SMALLWOOD: Apprehension, detention ultimately leading to removal.
FLORES (voiceover): She says the de facto end of catch-and-release is not due to a directive from the president but actually the result of extremely low migrant crossings and swift deportations.
FLORES: We spoke to a border patrol agent --
FLORES (voiceover): Sister Norma Pimentel is the head of the prominent migrant respite center in the area who over the years has received tens of thousands of migrants from border patrol under both Republican and Democratic administrations.
FLORES: So since Trump took office the number of migrants released to --
SISTER NORMA PIMENTEL, CATHOLIC CHARITIES RIO GRANDE VALLEY: Oh, very few.
FLORES: -- you are very few.
PIMENTEL: Almost zero.
FLORES: Almost zero?
PIMENTEL: Right.
FLORES: So practically the end of what they call catch-and-release?
PIMENTEL: Correct.
FLORES (voiceover): She says not zero but close enough.
Monthly migrant apprehension on the U.S. southern border started declining over a year ago. Last summer after the Biden administration essentially barred asylum and upped deportations border crossings plunged further. Despite the sizable drop, President Trump declared a national emergency --
TRUMP: Stop the invasion at our southern border.
FLORES (voiceover): -- citing, in part, a flood of migration. Announcing tariffs -- some of those now deferred -- all while continuing an ICE enforcement blitz across the country's interior that has led to more than 8,700 arrests.
SHERIFF EDDIE GUERRA, HIDALGO COUNTY, TEXAS: In south Texas, I mean --
FLORES (voiceover): Eddie Guerra, the Democratic sheriff of Hildalgo County, says the ICE blitz has taken six suspected criminals off the streets.
FLORES: What types of crimes?
GUERRA: Individuals with aggravated assault, sexual assaults, indecency with children.
FLORES (voiceover): The Republican mayor of McAllen, Javier Villalobos, has some reservations about another looming Trump policy.
FLORES: What concerns you most about the tariffs?
MAYOR JAVIER VILLALOBOS, (R) MCALLEN, TEXAS: Our economy. Putting food on the table. Inflation.
FLORES (voiceover): Historically, migrant crossings are cyclical, which means the de facto end of catch-and-release could just be temporary.
Take Trump's first term. Migrant crossings initially dropped but then spiked in 2019. At the time, Sister Norma said border patrol was sending up to 1,000 migrants a day to her center. And ICE described it like this.
VILLALOBOS: The humanitarian and national security crisis the likes of which we have never seen.
FLORES (voiceover): Which raises concerns about yet another aspect of Trump 2.0 -- the move to freeze federal aid that nonprofits in cities like McAllen depend on during migrant searches.
GUERRA: The city cannot be footing the bill.
FLORES (voiceover): Back on the Rio Grande with agent Smallwood all quiet after hours of patrol.
FLORES: Do you see any footprints?
SMALLWOOD: I don't. No activity this morning.
FLORES (voiceover): Rosa Flores, CNN, along the U.S.-Mexico border.
(END VIDEOTAPE)
SCIUTTO: In our next hour on CNN THIS MORNING, a ticking clock. President Trump gives Hamas a deadline and an ultimatum after Hamas tried to postpone the next hostage exchange with Israel.
Plus, a high-stakes showdown between the executive and judicial branches. President Trump and his allies are laying the groundwork for straight up ignoring court orders.
(BEGIN VIDEO CLIP)
TRUMP: Judges should be ruling. They shouldn't be dictating what you're supposed to be doing.
(END VIDEO CLIP)
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[05:59:15]
SCIUTTO: It's Tuesday, February 11. Right now on CNN THIS MORNING --
(BEGIN VIDEO CLIP)
JOHNSON: I wish the courts would allow the executive and the -- and the legislative branches to work.
SEN. CHRIS MURPHY (D-CT): The centerpiece of our democracy is that we observe court rulings.
(END VIDEO CLIP)
SCIUTTO: It's in the Constitution.
The court stormed the president's blitz to overhaul the federal government, roadblocked by federal judges as Trump's top allies are now suggesting he could defy the courts.
Plus --
(BEGIN VIDEO CLIP)
TRUMP: They're all going to leave. It's a hell hole right now.
(END VIDEO CLIP)
SCIUTTO: Turning up the pressure. President Trump says he may cut aid to U.S. allies Jordan and Egypt if they refuse his plans to, in effect, expel two million Palestinians from Gaza.
And a bidding war. Elon Musk leads a nearly $100 billion charge to acquire control of OpenAI.
