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♪ ♪ this just in. a new filing from special counsel jack smith. what he is now asking of a judge in order to stop donald trump from turning the courtroom into a political platform. plus, it's new york's biggest celebration. new year's eve just a couple of days away, but with an uptick in protests over the conflict in the middle east authorities are putting new strategies in place and how they plan to keep revelers safe. not a creature was stirring not each a mouse except for one north carolina toddler and a christmas morning surprise his parents never saw coming. every single present opened while everyone was asleep is an adorable excuse. his parents join us. i'm kate bolduan with sara sidner. john berman is on the night shift today.

this is "cnn news central." ♪ ♪ ♪ this morning we're following two big legal developments in donald trump's world. justice department officials just fileded a motion with the court arguing trump should be prevented from sowing disinformation during his federal election subversion trial that is scheduled to begin in march, but first, a key decision to remove donald trump from the 2024 ballots across the nation this morning. michigan supreme court rejected the attempt and the crucial battleground state. trump moments ago praised the decision in a post on truth social commending the justices for what he said was strongly and rightfully denying what he called desperate democrat attempt to oust him. cnn's marshall cohen has more on the story and the supreme court in colorado ruled to bar donald trump from their ballot in that state. give us a sense of what the

supreme court said in the michigan case. >> hi, sara. two very different outcomes between colorado and michigan. they held a trial and there were witnesses, evidence and cross-examination. a very different situation in michigan. when this case was filed there was one hearing and then it was dismissed on procedural grounds and that was the decision today from the michigan supreme court to uphold that decision to dismiss this case for procedural reasons. they did not reach the critical questions about january 6th and whether donald trump engaged in the insurrection and is disqualified from office. the michigan supreme court, their decisions was a few sentences long and it was not signed and one of the justices did write about her rationale and i'll read it to you here. she said, quote, i would affirm the court of appeals ruling on this issue which still allows the appellants to renew their legal efforts as to the michigan general election later in 2024 should trump become the

republican nominee for president. that's a critical distinction. if trump wins the nomination these challengers can re-file their lawsuit. this decision only applies to the primary and not the general and it sounds like that's exactly what the challengers want to do. here's another statement from mark brewer, one of the attorneys that represented the plaintiffs in this case, he said the court's decision is disappointing, but we will continue at a later stage to seek to uphold this critical constitutional provision that's designed to protect our republic. sara, as you said, trump has described these cases as a ridiculous joke that is trying to beat him in the courts because they can't beat him in the polls, but the people that have file these cases are just trying to enforce a provision from after the civil war that was a serious attempt to block insurrectionists from running the country. so a big win for trump in michigan. this is how it has gone in other states, too, where similar cases have been filed, but as you

mentioned, to colorado this is the outlier where this succeeded and every time we talk, sara, everyone is expecting that the u.s. supreme court will probably get the final word. >> that's right, marshall, because when you have states differing in their rulings the supreme court also weighs in. marshall cohen, thank you so much. now to the new move by special counsel jack smith this morning asking a judge to protect the court ahead of his election subversion trial and make sure donald trump essentially doesn't turn it into a political circus. cnn's caitlan polantz joins us with more on this. what is jack smith asking for her? ? kate, jack smith wants to cut out all of the political arguments that donald trump makes on the campaign trail in the courtroom from whenever he is before a jury. one thing about this, that case is on pause right now. the case in federal court where donald trump is set to be tried. right now in march there are appeals ongoing and that doesn't mean that the justice department is sitting back and doing

nothing. they continue to make court filings about what they want to happen in that case, and the court filing that came in today says a couple of things. they want the judge to say trump can't argue that he was being politically persecuted. that's why he is going to be on trial. they don't want him to be able to put or suggest disinformation about the 2020 election, saying that he believed that the election was stolen from him. that shouldn't be something before the jury the justice department says at this time. they is also say that trump's team should not be able to blame law enforcement or foreign actors or secret agents for what happened on january 6th. here is a quote from the filing. say a a bank robber cannot defend himself by blaming bank security guard for failing to stop him. a fraud defendant cannot complain to the jury that his victims should have known better than to fall for his schemes and the defendant donald trump cannot argue the law enforcement should have prevented the violence he caused and

obstruction he intended on january 6th. so this is the key sketching out of the justice department of what they want the trial to look like and what they want trump not to be able to argue when it does go before a jury. we are going have to see when the judge weighs in on this, when that is even possible and also what the judge ultimately says here. >> i think this filing is really interesting, and how they lay it out and what he's asking for because it seems to get to some of what you would assume is in trump defense that he really did believe that the election was stolen and that's why he moved the direction -- this is really interesting. it's good to see you, katelyn. thanks for laying it out for us. any minute now secretary of state blinken arriving in mexico with a message from the white house to essentially help the u.s. curb the unprecedented migrant surge. right now 11,000 migrants wai waiting along the border to come into the united states.

3800 in tijuana and others along t texas' southern tip. a cara vavan of migrants, 3,000 trekking north. priscilla alvarez, we understand blinken will be in mexico. what is it that they're hoping to get out of the leadership of mexico? >> well, they want more help and that's what the u.s. does in moments of crisis. they lean on mexico to get them to help them drive down the number of border crossings into the united states and the urgency is quite clear here given who it is that's doing the meeting. secretary of state antony blinken and homeland security secretary alejandro mayorkas meeting with the mexican president as well as some members of his cabinet. officials tell me that some of the requests that they'll bring to the table include, for example, moving migrants who are on the northern border, as you mentioned, south to decongest that area. controlling the railways which

migrants use to the u.s. southern border as well as providing incentives like visas for migrants to remain in mexico and that continue to the u.s.-southern border and all of of this is an extension to the president where both agreed that additional enforcement is needed. over the last few days we have seen the number of crossings drop just a bit. i spoke to a homeland security official who told me yesterday there were around 6,000 a prehp apprehensions in the u.s. southern border and that provides some relief and officials are bracing for what the next few days hold because they're chocking this up in part to the holidays. the president trying to get mexico to do more here so they can provide that relief to border towns that have felt overwhelmed and are getting restless as they grapple with this ongoing surge. sara, just to underscore how difficult this has been from the

beginning. in january, the president was in mexico meeting with his counterparts to talk about tackling record migration. we are now at the end of the year and the two of them are still trying to get a hold on this. >> there is so much that has to be done at this point in time, and there is a true crisis that is present at the border and priscilla alvarez, thank you so much for all of your reporting on this. >> joining us now is cnn political analyst and senior editor ron brownstein. good to see you, ron. let's s let's start with the what the special counsel is asking of the judge ahead of the federal election subversion trial. the calendar, it just kind of reminds us that the calendar is a mess when you look at it alongside the political calendar, but how much of a mess do you think this makes of the primary as we're staring down the new year? >> i think the biggest implication is can the legal

system handle the challenge of the magnitude of a former president with political and financial resources being accused of a litany of crimes and bringing this to any kind of conclusion before the general election? i mean, clearly, donald trump throughout his career has viewed delay as a weapon in the legal system and he is very clearly trying to avoid a situation where he is on trial with a jury of his peers, and i can think the supreme court has to be aware of that. they live in the real world and whether or not they'll be com blissity complicit in light of the rulings like michigan where you can see informal horse trading on the court in which trump is allowed to appear on the ballot, but his plans of immunity are

stripped away and voters are given the information before the election of whether he will be judged guilty by a jury his peers on these very serious charges. >> so interesting. let's talk about some of the issues that are popping up right now. priscilla was just talking about the biden administration's focus on immigration and border security. the reality, and i'll put it this way and you tell me, the reality on border security it's moved to the right as these border crossings surge. i see that and how democrats are talking about it these days including chuck schumer and the republicans see that democrats are serious about the border security. what does this mean for joe biden and the democrats looking into the general election? this is a motivating issue for republicans always. what is this going to mean now? >> clearly, you're right. the center of gravity has moved

toward the right on immigration since biden took office, but that really is not that unusual a pattern. i've been writing about immigration since prop 187 in california in the early 1990s. they are consistent that america has two big values and they want an orderly process at the border, but they also want humane and realistic policy and it has been for decades that whatever is in power the needle shifts toward the other point of view. when trump was in office there was a lot of resistance to many of the things he did to try to control the border, particularly separating kids from families from their parents at the border itself. now biden has come in and there is enormous dissaeftisfaction a border and the pendulum swing that we've seen for decades,

there is a tolerance that trump has a spouse, particularly building a wall and it's important to note that trump is pushing the envelope way beyond where he was in office and the internment camps and military action may be restoring, and an expanded ban on immigration and we have to see if he is the nominee, whether the swing of the pendulum goes so far as to include tolerance particularly in a state like arizona and nevada. >> someone who doesn't speak in hyperbolic terms is one of his top contenders, nikki haley. she's back in new hampshire today and she just released a new ad prominently featuring the new hampshire governor who she received the endorsement and i want to play just a bit of it for everyone. >> she's a leader who builds people up. she's a live free and die republican who understands fiscal responsibility and individual liberty.

she's a new generation of conservative leadership who can help leave behind the chaos and the drama of the past. >> ron, what do you see in this pitch to voters? what does it tell you? >> i see the opportunity and limitations of nikki haley's campaign condensed in 30 seconds. the ad is engaging, it's infectious and enthusiastic and it is also a missed opportunity. chris sununu is the most prominent ally that nikki haley has in this process and they go through 30 seconds without making any direct reference to the guy who is 50 points ahead of them in the primary which is donald trump. there are indirect and bleak comparisons with him and you can imply what she is saying or what he is saying about lead leaving chaos and drama behind and thee does not make a case against donald trump and that is i

symbolic of the overall campaign. she could do well in new hampshire and largely on the votes, it still shows her way behind more republican partisans. eventually, and i do think she can emerge, and if she will be a true threat she will have to make a stronger case against him and that ad, again, is a missed opportunity to do so. it kind of suggests that she is only willing to go so far in criticizing him at this point which is raising the question by chris christie and some of his advisors is she really angling, is she trying to beat him or is she angling for something else? vice president or secretary of state and we'll go forward with a missed opportunity with a very engaging ad. >> then it's south carolina and her home state and donald trump is doing very well in that state right you in. it's good to see you, ron.

thanks for coming in. >> happy holidays. >> you, too. >> he was trapped in his truck for nearly one week and no one heard his screams for help and a couple of fishermen happened to notice something shiny, and you guys, a real christmas miracle ahead. we'll talk about it. new worries about new year's eve in times square. you see them preparing in 2024 and ywhy the city's mayor and te protests and the security concerns there. it's usually parents surprising their children on christmas morning and that's the norm. two parents in north carolina got a shock of their own from their toddler at 3:00 a.m. how they saved christmas after their baby decided that they were going to unwrap pretty much every single present under the tree. we'll talk to the parents coming up.

this morning, new york city is preparing for the big show, new year's eve in times square. installing the official 2024 marquee lights in times square, you see it right there just yesterday, but with the big crowds comes security concerns always and new york city mayor eric adams said that recent protests have actually heightened concernses about th year's festivities. mark morales is joining us. what are they doing this year? >> right. this is really about the concernses that we're dealing with and the main concern are these protests and we've been seeing them since the start of the israel-hamas war, so they've been happening in new york city and officials yesterday gave us

some numbers for the first time. they're looking at almost 500 protests that have happened in the city since this whole thing began in the city. >> oh, really? >> yeah. they have an estimate of 160,000 demonstrators that have been at these demonstrations, and there is precedent that's been set here. if you remember during the christmas tree lighting police had to make several arrests -- >> during the thanksgiving day parade, too. >> rid. during thanksgiving, too. there is precedent set and they anticipate that will happen again this year and two main ways they'll combat this is there will be more technology and new strategies that they're going to do and the strategy really is about how they'll be deploying police officers. the idea being they don't want to take one officer, deploy it to an incident and now that incident is vulnerable and it's about having the right amount of officers, not too little or too many. >> because you have the balance

that you want to allow protesting and not disruption and especially this is such a unique event, too. there are always so many people in times square and always concerns with this. >> it always goes up and when you talk to law enforcement officials they always say the same about new yearee eve. that's the safest place you can be with so much fbi and security. >> so true. good to see you coming in. >> it's a miracle of survival made by two fishermen who helped a man who didn't have much hope left. they discovered a mangled truck with a driver who had been trapped inside for nearly a week. the truck crashed off the highway and rolled under a bridge out of sight. no one could see it. because of the dropping temperature and his injuries a 27-year-old driver lickely woul not have survived another night and yet he was discovered.

do we know how he's doing after being discovered by these fishermen? >> sara, we're getting more information. it seems at this point that he has sustained a tremendous amount of injuries as you can imagine, but he is alive and in the hospital and on his road to recovery for the moment. a miracle, as you say, though, you have the picture of matt ream, the 27-year-old whose life was basically saved by these two fishermen. this started yesterday's afternoon, mario garcia and his son-in-law, nivardo de la torre. they were southeast of chicago and they were scouting fishing locations and the day before christmas and it wasn't too cold out and mario, the oler one there happened to see something shiny underneath a bridge. he didn't know what it was and they got down there and they realized this was a truck that was very, very badly wrecked and mario pulled back the air bag of the truck and realized that there was a body there.

he thought it was a lifeless body and he put his hand on the body and all of a sudden matt ream came to life and started talking to him. this man, matt ream had been in that mangled truck since last wednesday. first responders were then able to finally rescue him and take a listen to what mario, one of those two fishermen to respond, take a listen to how they describe the moment seeing matt there. >> we were getting to the fishing hole and the truck was a little distance, but it was more of a mangle and you couldn't tell it was a truck or not, but it caught our curiosity and i walked out there first and he followed me and i looked inside and moved the white air bag and there was a body in there and i went to touch it, and he turned around, and that just -- it almost killed me there because it was kind of shocking and he was very happy to see us. he was really, like, i've never seen relief like that. >> again, sara, just truly

incredible. i want to add, mario and his son-in-law nivardo stayed by matt's side during the entire process during excavating him and police are unclear what caused the crash and the way he was able to survive was by drinking rain water and just an incredible story for christmas. >> it makes me believe in humans again and sometimes we lose faith. that was so lovely. danny freeman, thank you so much. >> coming up for us, u.s. forces intercepting missiles and drones in the red sea launched by one iran-backed group and one day before that, president biden orders a retaliatory strike against another iran-backed group, two days and one example of the growing threat of the israel-hamas war and more on that next.

growing concerns this morning out of the middle east. the fallout from the israeli-hamas war in gaza could boil into a wider, regional war. the u.s. is dealing with increased attacks in the red sea. yesterday the navy intercepted nearly a dozen missiles and drones all of that coming out of yemen. u.s. central command said they were fired on by iranian-backed houthi rebels and the same militant group that has launched 100 attacks against 14 different commercial and merchant ships. i am joined by cnn military analyst and former allied supreme commander wesley clark. thank you for joining us this week. when you look at the scenario

that happened with the israeli war on hamas and when you look at what's happening surrounding that area in the region, what are your biggest concerns about whether or not this is going to expand into a wider conflict? >> well, it's been the policy of the administration that we don't want it to expand into a wider conflict. if that's your public policy and you're arguing, please don't let it escalate you're inviting the enemy to attack you and dare you to escalate. the problem that we have is what's the decisive target if we do escalate? we know all of this is, orchestrated by iran, and we know it's backed by russia and we know it helps russia distract from what is going on in ukraine, and so from the administration's point of view they're under attack from russia in ukraine. you've got iran. you've got the problem getting military assistance to ukraine. we've got the defense budget and

a whole lot of issues out there. so i think the issue that i see is how do we get escalation dominance enough to shut off the attacks from the houthi in the red sea? how do we do that? we bring our allies in. you got to use diplomacy and maybe there are economic measures we can use. maybe we know the right targets to strike if we go into yemen and strike the houthi. maybe we don't, but it's a real conundrum because normally an attack like this, a battle like this, you wage it by -- you think you can go tit for tat? no, you don't want to do that more than once or twice. you have the dominance and you have the dominant air power and what is the decisive effect that the air power will bring when you strike on the ground in yemen. i think that's the dilemma that the administration faces on this

particular issue. you know the launch sites and the command and control and one of the regional consequences and repercussions and you want to instead go against iran and take out the iranian intelligence ship that's targeting the houthis and if so, what's the consequence of that? it's a really difficult conundrum and one thing's clear is it's not stable. >> right. >> if we continue just to try to defend and we don't go with the source of the attacks either tactical or strategic, then we can expect those attacks to continue and to intensify and eventually they will get through the protective shield of the aircraft and the destroyers that are on the ground. they will target a ship and cause real damage. it's inevitable, so we -- >> general, we saw something happen this week in iraq where several members of the u.s. military were injured. when you hear that, and people

don't realize the region can explode. we're talking about iraq and syria and lebanon and obviously, you've got the influx of yemen and the houthi rebels. what do you see going forward for the dangers of u.s. troops that are in some of these areas? >> i think we're -- we're balancing here trying to do a certain amount of damage to prevent an escalation, but also recognizing that we don't want to have to insert more troops to protect what's already there, and we can only do so much from the air. it's a delicate balance. we don't want to pull out of the region. we have real equities in the region and we need to stay there, but on the other hand, we don't want our troops exposed, and so all of us, i think, who look at this thing from a military context recognize we'll have to do more militarily and the question is, and we can't answer it on this program

because we don't have detailed intelligence, what are the right targets and what will their impact be both tactically and diplomatically if we strike those targets and ultimately, of course, the question is iran, and you know, we don't want to go to war with iran, but iran has been at war with us for over 40 years now. they've been behind all of the mess chief executive in the middl middle east and we've danced around it and taken limited actions and they hit our troops when we were in iraq and they took out the marine barracks in 1983 and killed 280-some-odd marines with a suicide bomber, and it's a long, long painful story, and we've managed to use america's overarching power diplomatically, economically and militarily to maintain our -- the international order that we seek and minimize the disruption

that iran is able to cause. my concern is we're looking for the new year and thinking about how things are and we're reaching the end of this era with the fighting in gaza with what's going on in ukraine where we can simply, strategically defer addressing critical issues and instead handle them on strike here and a strike here and a little bit of assistance here and diplomacy in the paces. the pot is starting to boil in a way that is adverse to american interests, and we need a broader, stronger strategy to deal with it. >> general, that is -- there's a lot to do, and it is so complex as you put it. thank you so long for spelling that out for us. appreciate you. coming up for us, some 4.5 million people bought a home this year in one of the toughest markets in a generation. what this year's housing market can tell us about what's to come.

2023 was a tough year for the economy to say the least and even tougher for the housing market. >> mortgage rates reached a

23-year high. home sales sank to a 13-year low and add that together with some more and the ability for people to afford a home hit its lowest point yet 4.5 million people still bought a home. cnn's rahel solomon has more on this. what is the big takeaway from the housing market this year? >> it has certainly been a rough year for a lot of people in the housing space whether you were a buyer. whether you were a seller and whether you were an agent and 2023 was a rough year any yet 4.5 million people managed to buy a house in 2023. it seems like when you talk to folks in the space it came to one being clear about what your goals were. so if it was location, if it was affordability that would have been a tough goal and whatever the goal, you would have been clear about the strategy and being prepared to wait it out because it was a tougher year than it has been in a long time and also being willing to be flexible and it wasn't exactly the type of year in the buyer's

market and you had to be creative and more compromising. >> and aggressive, i feel like. >> that would definitely help. and so the big story in 2023 was interest rates and we can show you mortgage rates over the last few years or so and take a look at november of 2020 they were practically at zero and they were between 2% or 3%. a lot of people bought mortgages in this range or refinance and most people were locked in at these really low rates and as the fed started to raise rates you see them steadily climb higher and reached highs that we haven't seen in a long time and that created a real affordability challenge because even though we saw sales fall we didn't see people buying as many prices. the reason why is just there was a real lack of supply. supply was very tight and so that kept prices elevated. moving forward, if you are not one of the 4.5 million people in

2023, who bought a home, 2024 is looking better. whether it's the mortgage bankers association and redfin, listings are expected to go up so we're expecting to see better supply in 2024 and rates are expected to go down. i say that with a huge caveat because of the chart that i just showed you. down by how much? >> exactly. so we're not talking about the 2s or the 3s. >> please, let's go back to the 2s. >> i'm with you. every person i ask in housing i've been asking the same question because i want to get a sense of where the consensus is in terms of mortgage rates and what i hear most often is 6.5%, it is not 2s and it is not 3s, but better than the 7.7 that we had seen in the last year. buyers will appreciate any decline, it will not be significant, but it will certainly help and it will help in terms of listings. you'll see more and lower rates and hopeful they that will help on the affordability issue.

>> the math starts mathing. >> and then the math starts getting better. >> the math starts mathing. good to see you. >> likewise. >> thank you, ladies. the math will be mathing. speaking of mathing, a creature was, in fact, stirring at the wright house on christmas morning. the parents whose 3-year-old woke up at 3:00 a.m. and did what you see there. every single present under the tree unwrapped and how they dealt with it coming up and they join us live.

so any parent human would agree any time your 3-year-old toddler wakes you up in the middle of the night asking for scissors, it would be reason for concern. but at 3:00 a.m. on christmas morning, that might spark absolute is and shear panic. that was the scene at one home in north carolina this cr christmas. this is what happened to katie and scott reagan. this was the scene. take a look. they found this in their living

room after their 3-year-old son woke them up. >> woke them up because he was unwrapping every single present you could imagine under the tree. and you can see the result of it there. just a shear paper nightmare. he had woken up in the middle of the night and decided that had he was going to go about his business opening the present, which includes the ones that were also for his two siblings. so nothing was spared. we're joined by scott and katie. thank you so much for being here. first of all, i want to know what it was like. what happened that gave you the alert that your toddler was about to do some serious damage here? >> that was the first alert. a loud voice asking for scissors, which again, is a really tough 3:00 a.m. request. slightly terrifying. >> very casually. >> it was the most normal thing in the world. he was hunting through the presents and was looking for his spiderman web shooters. so when he found them, the one

step between him and joyful toy play was a pair of scissors. >> but is this on brand for him? i know which one of my children i would put in the category of she will definitely do this. is this him? >> yes, the oldest child, he's 6, such a rule follower. would never. middle child, nothing is off limits. >> i am an author for a living. it's my job to have an imagination. and i could not in the wildest dreams have imagined any of our kids going down and unwrapping every present. taking a sneak peek, okay, we can see that. but the whole entire gift set, so when katie came back and reported to me, at first you have the shock that there's no way that actually happened. and then when she told me who

did it, i was like, actually, it makes a the lot of sense. >> this tracks. >> did you ask him why or to you know those presents some are for your siblings. >> we had a really good heart to heart with him. that was one of the things i would have been so upset. sure, we could have gone that path or we could just laugh at it and talk him through it. he's little. and so one of the things that really clicked with him was this idea of how much fun was it for you to open the gifts. so the same feeling that we all get when we open the gift, so next time we're going to make sure everyone gets to experience that. it definitely clicked for him. his claim was that he was trying to help everybody out. he was just trying to unwrap them all. >> i love your son. i'm sticking to that story, mom.

i was trying to be helpful. >> i was trying to make it easier for everyone to enjoy their presents. this is such a wonderful story. how did you fix it? what did you do when you realize at 3:00 a.m. that every present -- and we know how long it takes to wrap presents. that's a real job. what did you do? >> the night before, very carefully had wrapped all of the things. and so i ran out of wrapping paper. so i just started taping things back together. at first i laughed. and then i just felt dread. i think the funniest part was the next morning as help ri is opening the gifts, thomas keeps chiming with, i knew you were going to get that. >> spoiler alert. >> i knew you were going to get those. it was one of those beautiful, funny moments. again, we'll remember this forever. we'll tell this story for a very long time. ideally, at his wedding. it's fun to have memories pop

up. it's been fun to share it. we were not expect ing the response that it got, but i think it got that response because so many people have another story that resinates where an uncle did that or a brother or a sister. it's fun to see everyone tell their own stories too. >> this is not the most important thing in the the news, but we're happy it made people smile and can enjoy the toddler chaos, which is having children. >> and that's what we were going to say. it is such a pleasure to meet you and to share some joy. and your parent ing abilities a 3:00 a.m. are better than my parenting abilities at any time day. we must be friends it's really good to meet you guys. >> we are officially team t.

that's us. >> i was just trying to help. thank you so much for join ing us. we appreciate you. this is "cnn news central." "inside politics" is up next.

loving this pay bump in our allowance. wonder where mom and dad got the extra money?

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