Transcripts For CNNW CNN Newsroom With Brooke Baldwin 201509

Detention center behind bars for the last six days citing her Christian Faith for refusal to conducting a function of her elected office. This comes on the same day that not just one but two republican president ial candidates, ted cruz and Mike Huckabee, are there. Huckabee is in there right now with his wife janet. First, let me begin with Martin Savidge who is there in kentucky and martin, just to be crystal clear, a lot of moving parts right now, a judge has ordered her release. She has yet to walk out of that Detention Center, correct . Reporter correct. In fact, there was a concern that she would be walking out at the time that Mike Huckabee was walking in. The question is, will she come out alone or will they come out together . The judge has said that she can go free but hes also ordered that she cannot in any way interfere with the licensing process, marriage license going to samesex couples and thats something her Attorney Says she hasnt changed her mind on that one. Shes totally opposed to her name appearing on those marriage license and hinted that she will not be issuing them and then were right back to where we were with the judge issuing a possible contempt order. So it is one of those where youre just not really certain what the next few minutes are going to bring. But for this crowd, they have gathered, they are waiting, and the news should come out very soon, according to kim davis attorney. You and i will watch this play out on live television. Let me ask you, though, if we know that the judge has ordered her release, does that mean that she would have agreed to any condition to get out of the Detention Center as it is related to issuing samesex marriage licenses or this was an order, she said okay and shes going to leave . Reporter well, we dont know what she has said just yet. We know through her attorneys that there were no sort of conditions that were set. It was, instead, the federal judge said these licenses were now being released, thereby, she could come out but she better not interfere. Martin savidge, stand by. Well come back out to you outside of the Carter County Detention Center. There are all kinds of twists and turns in this case. I have a law professor with me and legal analyst paul callan and legal analyst joey jackson. First, professor, to you there in cambridge, let me just read something. This is part of a transcript from kim davis attorney. This doesnt give any resolution to this case than what happened last thursday. Get her name and authority off the certificate. The judge could order that kim davis will not compromise her conscience over this issue. Does this mean when she presumably goes back to work, we are back to where we started . Not literally, because when she first went into jail, nobody was issuing the marriage hnss. Now the licenses are in fact being issued. As long as davis doesnt take her name off or take other steps to interfere with the licenses being issued, she will remain free. The judge left plenty of room to putting her back to where she was. Thats the big if. We dont know if she would interfere. We know she hasnt wanted to sign off on them in the past and thus being held in jail and now shes being released. Paul callan to you, Martin Savidge said in order to agree to be released that she didnt there were no conditions upon this release. So lift the veil. What would have happened for her to walk out the doors. Im shocked that the judge did this. You are . He was tough with his initial order and usually when somebody is held in contempt for failure to comply with a court order, they are called back into court and they are asked, are you now willing to comply with the court order . We havent heard that. By the way, shes the clerk. Does that mean the conversation didnt happen or we dont know about it . The conversation would have happened behind closed doors. There was a situation that took place. An attorney represented five of the deputy clerks. All of the attorneys said the deputy clerks were willing to issue marriage certificates to samesex couples. Thats right. What happens now when the boss, kim davis, comes back and says i order you not to issue those certificates. Precisely noahs point. Let me bring in a new voice here, Alice Stewart, the communication directors for Mike Huckabees president ial campaign. Alice, thank you so much for coming on. I understand that Mike Huckabee, his wife janet have gone inside to meet with kim davis before shes released. Im wondering, will his advice to her remain the same now that we know shell be walking out the front doors . His conversations with her have been words of support. Back when the incident first came out in her office, he called her shortly after that and said he stands behind her and is proud of her courage and bravery and said, quite frankly, you have a lot more conviction than many of the politicians in washington. What hes here for today is to continue to show his support and this town here in grayson is about 4,000 people. Its at least doubled. On the way in here, people were rushing to the jail to stand in support of miss davis and this is someone who stood firm on their religious faith and is willing to pay the price by going to jail and didnt didnt waver and stand back on her religious convictions. Do you know if governor huckabee will say to her, presumably, you know, when she goes back to the Court Clerks Office and she fulfills her duty, which is issuing marriage license, which samesex marriage licenses would fall under that umbrella, do you know if shell comply with that or not . His advice to her and words of support for her were of Standing Firm and showing that he supports her and is proud of her conviction. He said that before she was in Court Last Week and the day that this announcement for her to be jailed happened within eight hours, we had someone on the ground here in grayson to help put this rally together to show support for her. Why would he encourage her to change her mind now . All of these people are showing their support. Now more than ever is a time for people to stand firm on their religious conviction. He said you need to stand firm on religious freedom and not waiver one bit. Just so im clear, when you say stand firm, just so im crystal clear, that means governor huckabee would support kim davis if she continues to defy the law and stand by her conviction . He absolutely would. He said he would change places with her in a heartbeat. He doesnt want her to waiver one inch on Standing Firm on her religious convictions. Youre seeing a lot of people obviously in front of this Carter County Detention Center. Were waiting to see kim davis walk out of these doors. Also in the crowd, senator ted cruz, another 2016 republican president ial contender. He is there supporter her as well. I just have to ask, alice, within hours of this you had a team there on the ground. Would governor huckabee be inside that Carter County Detention Center if he were not running for president of the United States . Governor huckabee is a man of strong faith and conviction. He would be there for her regardless of what situation he was in personally and professionally. He is someone that always stands behind someone who stands for religious faith and Standing Firm against religious tyranny. I grew up in atlanta, not far from you, and i learned in civics 101, we have checks and balances in this gouvernment. And more importantly, to make sure that we recognize a separation of powers in our government and also never waiver on our religious freedom and that was exactly why governor huckabee is here today. I also just mentioned ted cruz. Theres a big divide among republicans on this very issue. Someone else who would like to be president , governor kasich of ohio, says kim davis needs to follow the law and the bigger problem that he has said, this is turning younger folks off from christianity and im just wondering, how would governor huckabee react to that, to fellow republicans who completely disagree with his stance on this . Well, he has never let anyone else influence where he stands or what he believes. Hes a man of strong faith and conviction and is not easily swayed by political conviction as to where his faith is. Thats why he was with kim davis from the very beginning. The day this ruling was handed down. And right now hes going to stand with her and show all of these people as we were coming into town, people were waving signs and signs of Standing Firm on religious freedom and these people are behind her just as much as governor huckabee is. When governor huckabee is standing on that stage next wednesday night for our big republican president ial debate and hes standing and governor kasich is, you know, giving his opinion on this, how exactly will goevernor huckabee stand o that stage . He is never influenced by who stands on either side of him is. He has always been on the same side of each of these issues that well be discussing next week in the debate, whether its marriage or life or religious liberties, hes been on the same side of these issues and nothing that the other candidates are going to say or do is going to change that. Alice stewart, thank you so much for your time and grayson, kentucky, we are waiting to see the county clerk, kim davis, be freed from behind bars. A judge put her there for defying the Supreme Court ruling back in june that states must recognize samesex marriages. Shes about to be released, as per this judges order. Rolling with the breaking news on this tuesday afternoon. Do not miss a beat. We were in a german dance group. I wore lederhosen. So i just started poking around on ancestry. Then, i decided to have my dna tested through ancestry dna. It turns out im scottish. So, i traded in my lederhosen for a kilt. You premium like clockwork. Month after month. Year after year. Then one night, you hydroplane into a ditch. Yeah. Surprise. Your Insurance Company tells you to pay up again. Why pay for insurance if you have to pay even more for using it . If you have Liberty Mutual deductible fund™, you could pay no deductible at all. Sign up to immediately lower your deductible by 100. And keep lowering it 100 annually, until its gone. Then continue to earn that 100 every year. Theres no limit to how much you can earn and this savings applies to every vehicle on your policy. Call to learn more. Switch to Liberty Mutual and you could save up to 509. Call Liberty Mutual for a free quote today at see Car Insurance in a whole new light. Liberty mutual insurance. Youre watching cnn. Im brooke baldwin. You are watching live pictures from grayson, kentucky. Were expecting any moment now for kim davis to be released from the Carter County Detention Center. Martin savidge was saying that kim davis may end up back inside this Detention Center behind bars because perhaps she will stand by her conviction that she does not want her home county to issue marriage license with her name or her offices name on them. By the way, her deputy clerks have been doing such. This office has been in compliance with the law for the past couple of days. This is kim davis attorney moments ago. It doesnt give any more resolution to this case than what happened last thursday. Weve asked for a simple solution. A judge ordered that. Kim davis will not come prohighs her conscience over this issue. Davis legal team has asked kentuckys democratic governor to issue a pref religious accommodation by removing her name and title from marriage license issued in her county. Its his duty to accommodate the religious beliefs of all persons, including elected officials. The freedom restoration act make it is clear that all persons have a right to act or not act according to their religious beliefs. She has the highest respect for the law and what shes doing now is not in defiance. Its requesting a reasonable accommodation, which the governor has the power to give. The Governors Office says this issue is now between kim davis and the courts. I have harvard law professor with me and cnn legal analyst paul callan and joey jackson and Martin Savidge, our correspondent, is in graytson, kentucky, is there live. Mike huckabee and his wife janet are meeting with her inside. Noah, to you, lets back up half a second. If you have this judge who is saying she will be released from this Detention Center, why did he grant this release . Was it simply because her office, the rawlin county clerk office, they have been issuing samesex licenses, that they are in compliance with the law, thus, she can walk out of there . Legally, thats correct. Thats the judges justification for what he did. People are getting marriage which means that the law is being followed. On the other hand, practically, its an easy interpretation to say that the judge is worried about making a martyr out of davis. He doesnt want candidates for president appearing and taking advantage of his image all around his courtroom. Presumably hes trying to make the story go away and the law is being fulfilled. The story wont go away and shes released and shes the boss over these deputy clerks. Cant she say, listen, this is how i feel. It is against my religious conviction to hand out these marriage licenses to samesex couples there. Fore, i dont want you to do it because im standing my ground and im not doing it either . Well, if she tells them not to do it, they can listen to her, in which case shes probably go back to jail and shell have to deal with the consequences of that or they can disobey her and fire her. I think shed be under a worse position under those circumstances. If i was advising one of the deputy clerks, no matter what she tells you, dare her to fire you. This is an extraordinary story. Paul callan and joey jackson, makes your head spin when youre following all of this. I heard what her attorney said a while ago, she will not compromise her conscience. Well, an individual, brooke, does not in any way, shape or form have to compromise their conscience at all. Lets be clear about that. However, this is not her individual office. Its a public office. And so if she doesnt want to compromise her individual religious beliefs, whatever they may be, and we all need to respect each others, then the solution would be to remove yourself from office. Number one, no individual is above the office they hold. Thats the first concept. And you swear when you take that office and accept the office to uphold the constitution of the United States. Lets be clear. Laws change constantly. They are modified and amended. When you step into that position, its not about you as an individual but its you acting on behalf of the public. What about not that i can crawl inside her brain but if she opposes samesex marriages and when you look specifically at the state of kentucky, the majority of people in kentucky oppose samesex marriage which is in contrast with the majority of americans and the court in june. Article 6, clause 2 of the United States constitution, its the supremacy clause. What that says is that the federal law supercedes any state law. When the United States Supreme Court gets together and they act, no matter what they do it may be an 85 decision, its the law of the land. So whatever your respective state law is, its not. Because the Supreme Court says its not and that leads to the second point i was making, and that is, you need uniformity in law. Imagine the lawlessness of this country founded upon democracy and principles. If you have someone in kentucky who says, i dont like what the Supreme Court says. Someone in new york says, dont like it too much. You need to uniform me. As a result of that, this is where we are left and thats the rally we see. Paul, i promise ill get to you. Youre being looking at live pictures of Carter County Detention Center. Crowds await for kim davis to appear out of those doors because a judge has ordered her release after several days in jail because she did not want to issue those samesex marriage licenses to couples in her home county. Well be right back. More on the breaking news, next. We will get you back to Grayson County Detention Center in a moment. Kim davis would not issue samesex marriage license and thus she was thrown in jail. We are waiting for her release. Stand by for that. Now to this, though, the unfolding human crisis in europe. Cnn is right there. After days trapped inside of a holding camp, hundreds of refugees rushing police lines in hungary running for their lives. Go back the camp sits along the border that separates hungary and serbia and cnns cameras were there when men, women and children pushed past the officers and broke free. The fef few gees were determined to escape and now spilling into the european union, you can see the route that they are taking to get there. Parents carried children on their shoulders as they ran across cornfields. The police not far behind them. At least half of those who ran were eventually stopped by authorities and cnns ibt national respond dar wa damon was there when the refugees decided to break away. Reporter we are running now with these mig grants and refugees who just broke out of the border of serbia. They are trying to bring them under control. There are hundreds of them that staged this breakout because of the conditions that they wer