people in his orbit. the judge noted some are not salacious but names sincluded te in the documents. now so much has already come out to the public, she is saying that there is no reason to keep it sealed anymore going forward. if anyone objects to this, she is giving them 14 days to appeal this decision. if not, these names will be public just right around january 2nd, the first of the year. >> wow. fascinating. it's been long running. thank you. "cnn this morning" continues right now. >> the fact of the matter is the colorado supreme court has determined that donald trump did engage in insurrection and that his actions have disqualified him from being president. and i just think that the gravity of that in itself is just remarkable. we've never had a president inside an insurrection and then try to run for the presidency

again. you know, we'll see if the united states supreme court weighs in and i, of course, will follow whatever court order or decision is in place by the time we certify the ballot. >> good morning, everyone. what a night if you're just waking up, there is a lot of news. i'm poppy harlow with phil mattingly. 8:00 a.m. here on the east coast. that was colorado secretary of state reacting to the unprecedented decision by the state supreme court that disqualifies president trump from appearing on the ballot of that state because of his role in the insurrection. this morning trump is vowing to appeal to the supreme court. also new, brand-new cnn reporting finds recent negative polls about president biden's handling of the economy may be frustrating him. sources say he is growing inpatient over the struggle to change public opinion. how the white house plans to change that perception ahead. developing now israel back at the negotiating table putting out a new proposal for another pause in fighting in exchange

for hamas releasing hostages. this hour of "cnn this morning" starts now. all right. look at the front page of newspapers across america. the "denver post" post gets to the point. trump off the '24 ballot. unprecedented ruling, colorado supreme court has decided trump engaged in an insurrection on january 6th and is, therefore, disqualified from being anywhere on the state's primary ballot. >> what that brings forth is a epic legal showdown that could have huge implications for the 2024 the presidential election. trump vowing to take the case to the court weeks before the primary season kicks off. wasting no time blasting out emails asking for money to, quote, fight back. colorado is the first state where a challenge like this has succeeded. similar attempts have been

rejected in arizona, new hampshire, arizona and michigan. a lawsuit is pending in oregon and the rejection in michigan appealed. >> former homeland security secretary jeh johnson and judge luttig, you will remember him. he advised vice president pence in his legal team ahead of january 6th to reject the claims by trump and allies. he worked in the reagan white house and served as a law clerk to the late justice antonin scalia. they are co-chairs of the american bar association task for for american democracy. and democracy is at the core of this. thank you for being here. judge luttig, in the sumpimples terms, what does this really mean? >> good morning, poppy and phil. thank you for having the secretary and i on this morning. as our country's preeminent constitutional scholar,

professor laurence tribe, and i said in our article in august in "the atlantic," this decision will test whether america is committed to america's democracy, to its constitution and to the rule of law. yesterday's momentous and historic decision was a model of judicial decision-making. it is unassailable in every respect. it was a masterful interpretation of section 14 -- 14th amendment, section 3 of the constitution, and the disqualification of the former president for his insurrection or rebellion against the constitution of the united states. >> mr. secretary, to that point,

it's been striking the kind of divide within conservative legal circles over this issue. judge luttig calls it unassailable, a model. a lot of other conservative lawyers are saying 9-0, the supreme court knocks this down, no questions asked. why? why do you think the split is? >> i think this decision is simply a plain reading of the u.s. constitution. it's a playing reading of section 13 of theth amendment. the supreme court has to take this case. i'm sure judge luttig would agree. it meets the criteria. you have conflicting decisions of the highest courts of several different states on an issue of the interpretation of the u.s. constitution. there is a matter of national importance and there is a lot of urgency to this. the supreme court has to take this. i'd be stunned if they didn't

take this. and i read the decision. it is a very methodical, thoughtful, point-by-point interpretation and reading of the constitution. and to those who say that the decision is anti-democratic, the provision is an eligibility provision. it's an eligibility provision for office just like you have is to be 3 t5 to be president, you have to be born in the united states to be president. it's an eligibility requirement. if this stands, you can't vote for donald trump because he won't be on the ballot like you can't vote for arnold schwarzenegger who was not born in the united states. so this is a time for judicial courage, obviously. there will be a huge amount of political pressure coming from both sides. but the colorado supreme court stood up and adhered to its oath to support and defend the constitution.

>> judge luttig, trump has not been charged nor convicted of inciting an insurrection. in fact, the special counsel didn't go that route. so there are a number of people who are saying he hasn't even been convicted of this. how can you use this to disqualify him. how do you respond to that argument? >> poppy, the 14th amendment section 3 is what we call self-executing. by that is meant that neither a finding by the congress of the united states nor a conviction for the crime of insurrection or rebellion against the united states is required. that's very, very clear. those who would characterize this decision as political or politics from a liberal state

supreme court are misguided. that's, of course, what the former president and his supporters will say. there could be nothing further from the truth. this was a straightforward application of the 14th amendment's plain terms. those plain terms were supported, are supported by the ratification and the debate history of the 14th amendment and section 3 in particular. as i said earlier, the opinion is unassailable as a matter of constitutional interpretation of the 14th amendment. i agree with the secretary that the supreme court will be obliged to take this case at some point or another, and that we should expect the supreme court to affirm the colorado

supreme court based upon the plain language and meaning of the 14th amendment. >> mr. secretary, i was struck by the number of democrats who were texting back and forth with, you can agree on the merits and still agree this a dangerous path to go down based on january 6th, bay based on what we've seen with trump supporters, can kind of the direction of politics in this country. are they wrong? >> oh, the concern from a political point of view is that the decision and the provision in the constitution is somehow anti-democratic. in one sense, all eligibility requirements are anti-democratic because it means there are certain people you might like to be president are ineligible to be president, and this was a duly enacted constitutional amendment. it is still valid. it is still a valid provision of

the constitution. and it has to remain in force. we have to adhere to the u.s. constitution. that's what the judges in the colorado supreme court have done. >> so that would then, playing this out, judge luttig, let's say that you're right on this and that the supreme court does rule that, indeed, affirm the colorado supreme court decision. what does that mean for all of those other states that rejected it and other states where this case may be brought? >> poppy, let me just first add that it is not the former president's disqualification that is anti-democratic. the constitution itself tells us that it is the conduct that gives rise to disqualification under the 14th amendment that is anti-democratic. as to the dangerousness that's being alleged by the politicians, that, of course, is to be expected.

it is a serious matter, nonpolitical matter though to this extent. we live under the rule of law in this country. and it's imperative that all americans accept the decisions of our courts, including the supreme court of the united states. it is not an option in the united states of america to protest in the streets decisions of our courts. state or federal. what this decision does mean, to your question, is that there will never be a time when the former president is qualified or disqualified by the various states. that's why the supreme court will take this case. it will decide it and it will --

and that will be a uniform rule nationwide for at least the 2024 election. i caveat it that way because it is possible that the supreme court would decline to take this case because this case only disqualifies the former president from a state primary. it would be a legitimate interpretation of the constitution that the states have the prerogative under the federal constitution to conduct their primaries as they see fit without federal interference by the united states constitution and supreme court. >> the number of moving parts here are difficult to get your head around. great job of walking us through it. jeh johnson and judge michael

luttig, thank you. president biden hits the road today to talk up the growing economy despite polls that say most americans think it's getting work. we will ask his economic advisors if biden can change the perception. this volcano in iceland continuing to spew lava and toxic gas. what officials are saying on the ground ahead. hit the road takinc

message to milwaukee. he is set to speak to the

wisconsin black chamber of commerce and will highlight how his economic investments to the white house says a bloom for black small businesses, also new efforts to support underserved committees as new cnn reporting details the president is getting inpatient with the white house's failure to change the public perception of his economic record. arlette saenz is live at the white house. this is a problem they have been grappling with the entire time they have been in office. do they have a solution? >> reporter: phil, president biden has started to show some signs of that frustration and impatience with the fact that some of these infrastructure and other pieces of legislation that he won't be able to physically show off some of these funding projects because they will take time to be implemented. three sources who are familiar with the president's comments said that he has been frustrated, even while he is traveling the country to promote these projects, these pieces of legislation, many of the projects won't even start being built for several years.

really weighing on the possibility of whether voters will feel the impact of these projects. we have seen the president traveling the country trying to promote his initiatives. they are putting up signs trying to highlight the fact that projects are being funded by the infrastructure law, but it really speaks to one of the challenges president biden is facing heading into this election as americans' views of the economy still remain sour. recent polling, a cnn polling found that only 33% of registered voters approved of biden's handling of the economy when it comes to the economic conditions, 71% said that they believe the economic conditions in the u.s. are very -- are poor, 38% of those saying that they are very poor. then if you drill down into the battleground states, a poll from "the new york times" last month found that voters trusted former president donald trump to handle the economy more than president biden. now, officials have been hoping

that even as there are some bright spots in the economy, things like lower inflation, things like low unemployment, that that will start to resonate with voters as they are starting to feel the real world impact of things like lower gas prices and food prices. but for the president, it is one of the challenges he is facing headi heading -- 2024. today he will it be in wisconsin promoting how the government has helped black businesses. a key constituency he is trying to keep together heading into 2024. the administration is facing an uphill battle trying to change americans' views on the economy, especially at a time where they are arguing there are bright spots that so far haven't been resonating with americans. they have argued this will take some time, but of course 2024 is now a year away. >> yeah. connecting the numbers to how people feel, an election may

depend on it. >> joining us is lyle, the director. national economic council that's a team that advises the president on domestic and global economic policy. great to have you. let's start with the headline you made on friday when you said the width of the runway for soft landing has gotten much bigger. is it too early to declare victory? >> i think we just need to keep working, but it's certainly the case that as 2023 comes to a close, it is a good moment to reflect how much better the economy is today than it was a year ago, two years ago, three years ago, and also how much better it was, it is today than what so many people have been saying a year ago. inflation is down more than two-thirds and we have had the longest stretch of unemployment below 4% in years. but, of course, for the president he wants to know what

does that mean for middle-class families? what does it mean for workers, wages, their wallets. and there, too, it means a much better end of the year than we saw one year ago or two years ago. we are seeing gas prices down to $3 in most parts of the country. prices down on groceries like milk, eggs, cheese, bacon. and we are seeing that wages are up for all workers, up by more than prices. so that according to analysis from the joint economic committee, wages for each household have outpaced price growth by about $3,500 since january 2021. those are all things that people concretely benefit from. >> one area where there is a lot of pain and you acknowledge this in a call you had with reporters on friday is housing.

it now takes 41% of someone's median household income to cover home costs. i mean, that is staggering. and we just heard a couple of days ago from federal data that u.s. homelessness hit a regard high this year. up 12% for last year. for families with kids, up 16%. a reason is this soaring rent prices. how do you explain to people who don't feel like bidenomics is working for them, especially on that front? >> yeah, we are very focused on a few areas where affordability is still a challenge for many families. house something one of nose areas where people who already have homes and that percentage is actually increased a great deal over the last few years. they are feeling pretty good. but people who are not able yet to purchase homes, looking at

high mortgage rates, is a real challenge. we've seen the mortgage rate come down by about 1.5 percentage points in recent weeks but even so, the affordability challenge is very great and, as you said, on the most affordable housing we have a real supply shortfall. and so the president is going to keep pushing for a set of policies that would go a long way in creating much more affordable home supply through low-income housing tax credits, affordable tax credits and down payment assistance. the economy is moving at a pretty, you know, steady clip. do you need this economy to slow down markedly in order to get inflation down to 2%? >> well, i think that is what has been so heartening about where we are relative to where forecasters thought we would be. you look a year ago, lots of

forecasts of recession, they thought to get where we are today on inflation, which is inflation moving now, it's 3%. i expect that it will move below 3%. in order to get there, a lot of forecasts said unemployment would have to surge and the economy would have to slow a lot. we haven't seen that. we have seen in particular the labor market coming back into balance because americans are coming back into the labor force. another 3.3 million americans getting jobs over the last year. that's because the job market has been very good. wages have been strong and we've seen the great union contracts. >> can i ask, despite all these indicators, the polling is not good. none of the polls for the economy are strong for the president. you just heard our reporting that he is frustrated with that. i wonder, when you look at polls like "the new york times" saying

34% of voters list the economy as the top issue and cnn's polling showed seven in ten americans rate the country's economic conditions as poor. when you look at that polling compared with the facts you just laid out, are you personally disappointed how the president is polling on the economy? >> i just look back to where we were just two years ago or when the president came to office, and i think how much americans have been through in terms of seeing small businesses having to close their doors, people temporarily laid off, supply chains were so broken that it was hard for americans to get a lot of goods. you could wait months for a washing machine when your washing machine broke down. and then with the russian invasion of ukraine, gas and food prices soared. where we are today is so much more secure with ample job opportunities --

>> i guess what i'm asking is why is that not reflected -- >> it takes a while. it takes a while. i think it takes a while. and it's also that there are few areas that americans are worried are not as affordable. if you look at health care in particular, two to three times more expensive on prescription drugs than other countries. that's just not right. and that's why we're fighting so hard to get prescription drug prices down, whether it be insulin for seniors at $35 a month, down from $400. we are capping out-of-pocket costs for seniors at $2,000 a year. we have to strip away at some of these areas where americans feel it's just not right. or that they are you tired of being ripped off in the area of junk fees, we are fighting really hard to get rid of overdraft fees and bounced check fees. baggage fees. seating fees. all of those things add up. >> thank you very much for joining us this morning. it's nice to have you.

>> nice to be here. th we are going to show you video from morning in gaza. the fighting continues as pressure grows for another temporary truce. we will take you live to tel aviv with news of a possible deal being negotiated to free more hostages. a news helicopter crashed overnight in new jersey. what the news station is saying this morning ahead.

cnn learned that israel is back at the negotiating table with a proposal for another temporary pause in fighting in exchange for hamas releasing more hostages held in gaza. will ripley is live from tel aviv. what more do we know at this point? >> reporter: israel has been signaling since wednesday night local time they want to put a deal on the table but the question is how will hamas receive the offer that reportedly has been made by the israelis delivered by qatar right now. it would include a week long pause in fighting in exchange for the release of around 40 israeli hostages. the priority would be women and elderly or people in need of

urgent care. the numbers would back up that this is -- would be less than half of the remaining hostages currently believed to be in gaza still alive. you have 101 according to the israeli prime minister's office believed to be still alive. another 21 whose bodies are in gaza who were killed. getting all back is a huge f priority for the prime minister benjamin netanyahu especially after the global outrage over the civilian death toll. you have the hamas controlled health ministry numbering deaths inching closer to 20,000, including more deaths over just the past few hours in the jabalia refugee camp, as many as 20 people killed is what the hamas officials are reporting there. of course, over the weekend, phil, three israeli hostages who also died reportedly in accidental fire from the idf whereas, you know, diplomacy has been the key to getting the hostages released. the last deal took a month to hammer out. they released them in phases.

this time israel wants all of the remaining hostages to come back. the problem is hamas said it will require a permanent ceasefire for that to happen, all of the hostages to come back because that is their last remaining leverage with the idf on the ground. strategically trying to eliminate hamas leadership as quickly as possible. what they have done is kill a lot of civilians according to the health ministry in gaza and the world and united nations and even the united states pressuring israel to find a way to reach their objectives but stop killing innocent people. >> will ripley in tel aviv. thank you. former president trump vowing to appeal colorado's supreme court decision to remove him from the 2024 primary ballot. harry enten is here to break down the path to the white house if that ruling stands. and reaction from a colorado democrat who is in the capitol on january 6th and agrees trump's role in the insurrection should disqualify from him. jason crow about the historic ruling, that's next. this ju.

president trump reacting to colorado's historic ruling that

disqualified him from the state's 2024 ballot. posting on truth social it is a sad day in america. vowing to appeal this up to the supreme court. colorado has -- trump would need 270 to win the election. if the ruling stands, what would it mean for his presidential bid? harry enten joins us now. it's not the first state or the second state or the third state. why does colorado matter here? >> to be honest with you, i think that's part of what i have been asking myself. does colorado matter at all? we look towards the general election and you mentioned, it's not anywhere close to the top of the primary ballot and then the general election, this is a state that safely for biden, even before the ruling came out, solid for biding according to the cook political reporting. safe for biden according to larry, the last republican candidate to carry the state of colorado was george w. bush back in 2004. it was a state that joe biden

easily carried back in 2020, won by nearly 14 points. in 2016, remember this is when donald trump was able to win in the electoral college, he did it through the great lake states, pennsylvania, michigan, wisconsin. over here colorado is blue. colorado is blue. the fact is donald trump does not need the state of colorado in order to win the presidential election and it's in the primary season it doesn't matter there either. >> looking at 2024 more broadly, how is trump's path to 270 looking? >> even without colorado, let's sort of just map this out for you. donald trump's electoral votes, remember 270, are needed to win. states he won in 2020, you see that there. he is at 23 5. states he leads 67. that total combined 302 because he is leading in arizona, georgia, michigan, nevada and pennsylvania, states he lost in 2020, but of course there is this bigger question. is trump guilty of subverting

the 2020 election? the majority of americans say yes despite the fact that trump is leading the polls. it's at the split with the no and unsure, up to 48%, a divided country. >> still has to technically importantly win a primary. >> yes. >> before we can get to the general. >> thank you. >> we will see what happens. >> thank you. let's talk to -- about all of with jasonen crow the colorado congressman, a manager in donald trump's first impeachment trial and serves on the foreign affairs and intelligence committee a. he put out a sweet on x saying the colorado supreme court has to right. the constitution protects the right to vote and bars candidates who engage in insurrection. one of the questions for me, legal basis, is the former president has not been indicted for nor convicted of insurrection. i understand what people say they saw or were a part of as you were on january 6th, but what's your response to that? there is no court, there is no

jury that has found that. >> well, that's like saying that a court can't find that because a court hasn't already found that. that's actually part of what the supreme court looked at here in this instance, in this case, and, obviously, the evidence in my view is very clear. the whole world, the whole country saw what happened on january 6th. you know, there are hundreds of hours of video footage. i lived through it myself as did my colleagues and the hundreds of u.s. capitol police officers, you know, 160 of whom were brutally tw brutally beaten and one killed. we saw what happened. the colorado supreme court used all the available evidence when making its ruling. >> given the context of january 6th, you know, i heard from several democrats last night saying agree on the merits. unkey equivalentfully. the danger is real in terms of what might happen if this continues to move forward. do you agree with that?

>> well, i am not sure what they are talking about when they say that the danger -- >> the risk of political violence, essentially. >> yeah, well, the danger is donald trump fundamentally. this is a man who repeatedly over his entire political career and time in the presidency scorned the rule of law. scorned our democracy. he has used political violence to achieve his ends. he is now outright saying that he wants to be a dictator on day one. and doubling down on that claim. so i think we should take donald trump for his word and, you know, he poses an existential threat to our democracy. that's why i will continue to do everything to make sure he doesn't get anywhere near the oval office because he is hell bent on underig mining and destroying our democracy and thwarting the right to vote of the american people. >> i want to play sound from voters in colorado, their response last night. take a listen. >> the people in the process decided who gets on the ballot.

i do not see our judicial system having a right to interject themselves into the middle of the process. >> that's not right. >> feels unfair. >> absolutely. unfair for everyone because it's my own decision. it's not the court's decision who i am voting for. >> i am sure many people as you could find saying those things completely agree with what the supreme court decided yesterday, but what do you say to constituents who have those views, this isn't fair or shouldn't be decided in the courts? >> voters should always have a say. this is about the will of the voters, in fact. but there are constitutional safe guards in place that were enacted ever after the civil war when there were insurrectionists and members of the kconfederacy running for office attempting to undermine the system. there are safeguards, section 3 of the 14th amendment that prevent candidates from actually using the election progress to thwart the will of the voters

and undermine that process. that's what we're talking about here, talking about protecting the will of the voters by preventing in this case a candidate, donald trump, from undermining an election process. he has been very clear over and over and over again that he does not care what the voters have to say. he could care less about the will of the voters. he will do anything possible, including election fraud, to win this election and there are safeguards in place to prevent this and that's what this case was about. >> a couple days after january 6th we had a lengthy conversation about what happened and what was going to happen next that i wrote about for cnn. and in that i was looking back at it, there is a lot of talk about moving forward, which is important but you can't move forward without truth and accountability. i asked how you find that balance. back then you said, i don't know how to answer that yet. do you know how to answer it now? >> well, there is no hard and fast answer here. i mean, this is hard stuff. this is the leadership challenge of our time.

bringing people together, having a positive vision for our country, which is what i try to do the vast majority of the time, but also recognizing the very real dangers. the challenges that we face. we can't gloss that over. we can't ignore the fact that there are very nefarious extremist views in our country who are trying to undermine the very root of our democracy. so, you know, that is a leadership challenge. you have to find that balance. we have to have that proactive vision, which we do. we have passed some incredible things last congress for the country and we will campaign on that, take that to the voters. at the same time being clear about what's at stake and what's on the ballot like the women's right to choose, gun violence prevention, us addressing the climate change. all of those things are on the ballot, too. >> it's remarkable we are talking about it three years later. appreciate your time, sir, thank you. >> thank you. the very busy holiday travel

rush in the united states already underway. what can you expect at airports. and maine's governor declaring a state of emergency for 14 counties after a powerful storm brought hick winds and rain and knocked out power for thousands. we will take you live to the flood zone next.

here are 35 thing things to know. president biden will speak with the black chamber of chers. he will try to turn public perception around after several polls show voters have a negative view of his handling of the economy. and sources say the u.n. security council will vote on a resolution calling for the

suspension of hostilities in gaza. diplomats have been working to try to finalize the resolution. and lava flows down significantly since the volcano erupted in iceland. authorities say still little threat that there will be impact on international air travel. some areas though including the capital may experience gas pollution. and a local news helicopter from philadelphia crashed in new jersey killing two people on board. the station said an investigation is under way. busy holiday travel rush about to kick into high gear across the united states. one airline group industry expects that 2 million will fly per day. and the faa has opened more than 150 new east coast routes to try to keep the air traffic moving smoothly. and don't forget to download the five things podcast every morning. and in maine there is cleanup after a storm brought winds and flooding to near

two-thirds of the state damaging homes, businesses and roadways. 400,000 people lost power at the peak, more than 280,000 are still in the dark this morning. police say that two people are missing in central maine after their vehicle was swept away with flood waters. danny freeman is joining us live from augusta. we see it behind you. what are you hearing from people? >> reporter: yeah, that's right. you can see behind me right now, here in augusta and other parts of maine, still a mess. the cleanup is under way. take a look behind me, this river seems to have floated -- a fridge that floated into the area. this used to be a parking lot and now of course very much waterlogged. and they said the winds was strongest they faced in history. 280,000 people statewide still without power. and that state of emergency still in place for 14 out of 16

counties. and it is because of flooding like this that is still persisting throughout the state. the good news is that here the rivers around the state, majority of them have crested already. so the water levels are going down. but you can see here the current is still fierce. you mentioned it was 50 miles west of here in mexico, maine. two people still missing after their car was swept away in the strong floodwaters. so public officials still urge caution. augusta school district and other school districts in and around the state, they are still closed today out a an abundance of caution just because the flooding has been so bad. also we've seen here in augusta the state capital a lot more lights back on, more power coming to businesses in the area. but we've also been talking to residents who have said that maybe they live 10, 15 miles out of town here. and they are still running on generators. but a lot of them say they are hoping for the best and lights

to be turned back on. and we'll get an update from the governor at 11:00 a.m. to give us the latest on the situation statewide of the flooding and after math of the storm. >> thank you, danny. and overnight the death toll from the earthquake in china rose to 131 people. new video, you can see here, shows the destruction at the epicenter. this surveillance video shows people running out of the sports bar the moment that the 5.9 earthquake struck. right now thousands of rescuers are working to reach survivors in frigid temperatures. gentleman morant is bacack the e hard w wood. whatat he had toto say aboutut rereturn, nextxt.

and he scores. more ant scores! and time expires. >> and called game there. a big night for ja morant returning to the nba in style. he scored 34 and hit that game winner during his season debut. the two time all-star was serving a 25 game suspension for social media posts where he flashed firearms. after the game he spoke about his long road back to the court. >> ain't playing a game in eight months. had a lot of time to learn myself, a lot of hard days. but basketball is my life, what

i love. their therapeutic for me. >> and important to hear him. saying he learned a lot and he is back. >> and players around the league are supportive. lebron james congratulating him. hopefully on the right path. >> thanks for being with us. "cnn news central" is now. this morning donald trump is vowing to fight an in-precedented ruling that kicked him off the primary ballot in came colorado. barring him from running saying that he incited and was enfwaenfwgaged in the insurrection.