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NSA Leaker Identified; Nelson Mandela in Intensive Care; Zimmerman Murder Trial Begins Today; Delay in Mubarek Trial; Possible Changes to Pediatric Transplant Policy

Aired June 10, 2013 - 11:00   ET

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


ASHLEIGH BANFIELD, CNN ANCHOR: Good morning, everyone. I'm Ashleigh Banfield. We have a very busy show ahead: the day's main news and then as always our take on daytime justice.

Hero or villain -- the man behind one of the biggest leaks in U.S. intelligence history hiding out in Hong Kong; his identity now revealed. His fate and future in serious jeopardy.

Will the CIA and the NSA track him down? And what will the President have to say about all of this. The top secret program that that young man exposed; we may find out when he speaks at the White House this hour.

And also ahead deciding the fate of the man who killed Trayvon Martin. Zeroing in on potential jurors today in the racially charged trial of George Zimmerman.

But let's start with the NSA leaks. The guy at the center of revealing the leaks has now revealed himself. His name is Edward Snowden, and this is part of his reason for doing it in his own words.

(BEGIN VIDEO CLIP)

EDWARD SNOWDEN, NSA LEAKER: The NSA specifically targets the communications of everyone. It ingests them by default, it collects them in its system and it filters them and it analyzes them and it measures them and it stores them for periods of time, simply because that's the easiest and most efficient and most valuable way to achieve these ends.

So while they may be intending to target someone associated with a foreign government or someone that they suspect terrorism, they're collecting your communications to do so.

(END VIDEO CLIP)

BANFIELD: Pretty gutsy, he told two separate reporters about classified NSA programs for monitoring millions of telephone calls and Internet communications and then, just the day before those stories actually hit the front pages, he bolted, trading in his home in Hawaii for a hotel in Hong Kong.

Joining me now is Dan Lothian at the White House and Barbara Starr at the Pentagon, both with different takes on this story. Dan, let me begin with you.

Any reaction so far from the White House on no only the unraveling of this massive story, but also, now that we know who this person is and where he is, what we will do about it?

DAN LOTHIAN, CNN WHITE HOUSE CORRESPONDENT: So far no reaction from the White House except to point us to the Justice Department which, of course, has launched its own investigation.

The only voice, if you will, for the administration has been coming from the director of national intelligence, a spokesperson saying that they're currently reviewing the damage that has been done by the recent disclosures, that spokesperson going on to say that any person who has a security clearance knows that he or she has an obligation to protect classified information and abide by the law.

Clearly, though, this is yet another controversy for the White House, which has been dealing with these issues of privacy. The president himself has come out in the mast and talked about leaks and how this is something that he very much abhors.

So this is something that they are dealing with and have not come out publicly yet about the latest disclosures, but others up on Capitol Hill having some very strong words, Representative Peter King saying that Snowden is dangerous, and he says that, in fact, all his claims turn out to be true, that he should be prosecuted to the fullest extent of the law and extradition proceeding should begin as quickly as possible.

Ashleigh?

BANFIELD: So hold that thought for a moment.

Barbara Starr, up until about -- oh, I don't know -- 72 hours ago, this guy was a bit of a pip-squeak and now he is front page all over the world.

What do we know about Edward Snowden?

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Who is Edward Snowden? That's really the question.

He's a 29-year-old high school dropout. We have some details on his background.

He attended community college to try to get his high school diploma, but didn't finish the program there. Then he went on to join the Army in 2003, but had an accident and left very quickly.

Worked as a security guard for the NSA, as a CIA computer security person. Left the CIA in 2009. By all accounts joined Booz Allen three months ago.

And let's remember, he went -- he left for Hong Kong three weeks ago. So he was only there a very short time which makes all of this very interesting. In this interview that you've talked about, he talked about why he did this.

(BEGIN VIDEO CLIP)

SNOWDEN: Not all analysts have the ability to target everything, but I, sitting at my desk, certainly had the authority to wiretap anyone from you or your accountant to a federal judge to even the president, if I had a personal e-mail.

(END VIDEO CLIP)

STARR: So, you know, Ashleigh, he felt he wanted to, you know, let America know what was going on.

Of course, I think it is really for to remember these programs were all legally notified to members of Congress. There are court warrants involved, a lot of legal parameters on how these programs are carried out.

But that claim that he could, you know, wiretap the president, I think that might be pretty doubtful.

Ashleigh?

BANFIELD: I mean, three months he's with that contractor and he's gotten that kind of clearance. It just kind of makes you -- you've got to shake your head.

Just quickly, Dan Lothian, look, I think you and I had this conversation on Friday when part of this story was unraveling about just how far this intelligence gathering went, and we wondered whether the president, who was supposed to be having a mice meeting with the Chinese officials in California was going to address it. And he darn well did.

Do we expect him to do the same thing today?

LOTHIAN: Well, no indication yet from the White House that the president will be addressing this issue today.

He does have two events where he could be asked about the latest developments. Later this hour, he will be having an event where -- focused on equal pay; later this afternoon, a personnel announcement where the president expected to nominate Jason Furman to be chairman of the Council of Economic Advisers.

So both opportunities where the president could be asked about this issue, and we expect that any reporter going in there will most likely shout a question at the president, but no indication from the White House that the president himself will be making a statement giving any public reaction to this.

BANFIELD: OK. We are all ears because this is getting crazy. White House correspondent Dan Lothian and Pentagon correspondent Barbara Starr, thank you to both of you. Reminder, also, to our viewers, to join Anderson Cooper tonight. His special guest is Julian Assange, yes, the Julian Assange, the founder of Wikileaks who knows a thing or two about leaking classified information. That's coming up on "AC 360" at 8:00 Eastern tonight.

Moving on now to Nelson Mandela, he is in intensive care this morning, 94-years-old. That former South African president was hospitalized over the weekend because of a lung infection. His wife is reportedly at his bedside. He's in serious condition, but stable. South Africans say they are now starting to realize that this indeed could be the end.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: It feels like Mandela was my father for the whole time, so it does touch me.

UNIDENTIFIED MALE: I'm feeling down. I just hope he can recover and be well again.

UNIDENTIFIED FEMALE: We understand that he's old, but then, we still need him.

(END VIDEO CLIP)

BANFIELD: CNN's Errol Barnett is live now in South Africa, joining me. So, Errol, do we have any update on his condition today?

ERROL BARNETT, CNN CORRESPONDENT: Well, Ashleigh, the update today from the office of the presidency, which is monitoring all information on the former president, isn't very encouraging, Jacob Zuma's office today saying that Nelson Mandela's health and condition remains unchanged.

That's troubling because Nelson Mandela already has 24-hour medical team with him at his home in Johannesburg. His health took a turn for the worse at the end of last week. That's why he was rushed to this hospital behind me here in Pretoria.

What it means, though, is that, since they announced and realized that his condition was serious but stable, they have been unable to improve his condition. It also means, though, that he hasn't gotten any worse.

Still, though, Ashleigh, it is adding to the level of anxiety here surrounding Nelson Mandela and the growing realization, as you just mentioned, that he cannot possibly live forever and, as this is his fourth time in hospital in the last seven months, Nelson Mandela is becoming increasingly ill.

We've seen some of his relatives, two daughters visiting this hospital yesterday. His wife Graca Machel has been at his side. And there are also reports emerging just this past hour that his ex-wife, Winnie Mandela, the woman who was by his side in that iconic picture when he was released from prison, has also made a visit here to the hospital with her daughter as well. So the amount of family members we're seeing here, the sense that his condition is not improving is just adding to this layer of anxiety that Madiba, as he's affectionately know here, may not be around for much longer.

BANFIELD: You know, and it's just remarkable he has had such an incredibly productive and healthy life, given what he went through for those 27 years on Robben Island.

OK, well, Errol, keep us posted and let us know the minute you hear something. Errol Barnett, live for us in South Africa today.

Want to check the top stories. In Afghanistan, security forces fought by an attack by insurgents near the airport in Kabul. The Taliban saying they were trying to get two Americans at the airport.

Also Taliban militants killed two children in southern Afghanistan. They were beheaded. One was 16 and the other was 10 -- 10 -- allegedly collecting food from a trash bin.

Today New Jersey's newest senator takes his seat. The Senate will swear in Jeff Chiesa. Governor Chris Christie picked him to fill the seat vacated when Senator Frank Lautenberg died last week.

He'll only be there for a couple of months, though. A special election to fill the seat is set for October with primaries set for August. Newark Mayor Cory Booker has already announced that is going to run for that.

A crane operator charged in the deadly building collapse in Philadelphia will be staying put in jail for now. Sean Benschop was denied bail yesterday. He's facing six counts of involuntary manslaughter after six people died when that building was being torn down, and instead, fell, collapsed onto the thrift store beside it last week.

Authorities say Benschop had marijuana and pain medication in his system. His lawyer says he is innocent. The district attorney is holding a news conference later this hour. We will monitor it for you and bring you news as it warrants.

And just ahead this hour, judging George, jury selection now under way in Florida for George Zimmerman, the man accused of murdering Trayvon Martin.

But is the search for fair and impartial panelists a mission impossible in that courtroom?

Edward Snowden, the man now known worldwide for leaking the NSA's snooping story, at this hour still in hiding, but when found, what kind trouble is this guy in?

And later, the Santa Monica shooting rampage, the man behind the murders, why did he do it? And perhaps more importantly, how can you help the victims?

(COMMERCIAL BREAK)

BANFIELD: At this hour in Sanford, Florida, the so-called circus has begun, the start of a very high-profile trial that's brought national attention and sparked huge controversy about race relations and gun laws in America.

It's the George Zimmerman murder trial.

A group of demonstrators has been out already, calling for justice, dressed in hoodies like the ones Trayvon Martin was wearing the night he was killed.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Trayvon Martin! (INAUDIBLE)! No more youth getting killed! The whole system's guilty!

(END VIDEO CLIP)

BANFIELD: Five hundred potential jurors are being summoned this week and finding a pair and impartial jury after all of this media attention could prove to be pretty darned tough.

Helicopters have been flying over the Seminole County courthouse throughout the morning. George Howell is live right there and has been watching all of the developments.

So I know this is going to be tricky and I know there are a lot of jurors that they have to, you know, voir dire, but so far, how is it going?

GEORGE HOWELL, CNN CORRESPONDENT: Well, Ashleigh, you know, this whole process is playing out close to the media, but what is happening, as you mentioned, they are looking through total of 500 potential jurors. That could happen throughout the week.

Today the judge said they have 100 prospective jurors here. They handed out those questionnaires. Again, that's closed to the media. And the goal is to qualify 21 jurors and then go through the regular jury selection process. So that could happen through the day.

We also understand they could question some 200 jurors today alone. So, you know, we are just starting to see the process happen here in court.

And, outside of the courtroom, I want to show you what we see. It is a group of spectators not protesters but people who are here to monitor, to watch what happens in this courtroom.

I also want to bring in Tierrell Mathis here because you are with the Florida A&M University College of Law. Tell me why you're here today.

TIERRELL MATHIS, FAMU LAW STUDENT: Well, I am the Student Bar Association president and I invited the student body to come and observe. We want to just observe what is going on today to make sure justice is being served. HOWELL: And from what you see, I mean, what's your opinion? What do you think about what is happening?

MATHIS: I have no opinion whatsoever about what's going on exactly except that there is a trial going on and I'm eager to see what's going to come out, what's going to come out in evidence. I'm going to follow the trial closely and I'm encouraging the student body as a whole to pay attention and monitor it as we do many cases at the courthouse.

HOWELL: Tierrell, we were talking a few minutes ago. You said the importance of keeping an open mind. Talk to me about that.

MATHIS: Yes, sir. It's important we not go by what we're seeing in the media, because some evidence is not admissible in court, and only allow what we know from the -- excuse me, only pay attention to what is admissible in court. If you're following it maybe on the news, CNN, different places, and -- only use those facts to make a determination. Justice wants, though, the facts laid out in the courthouse and is determined by a verdict by the jury not by the media.

HOWELL: And you know, our anchor Ashleigh Banfield and you just mentioned how challenging it could be to find a jury. What sort of challenges do you think they'll face with your own background and understanding?

MATHIS: Just that everybody has been following the case, it's gotten national attention, that someone may not be able to be impartial. But there are questions that the lawyers know to ask in advance to see if we can weed those persons out so that you can have a fair and impartial jury. I'm glad and hopeful that this will happen. The attorneys know what to look for, they know what questions to ask, and I'm sure that will take place.

HOWELL: Tierrell, thank you so much for your time.

MATTHIS: Thank you.

HOWELL: All right, and you can see, you know, a couple of dozen people out here right now, very peaceful situation, Ashleigh. But everyone keeping a very close eye on what happens inside that courtroom.

BANFIELD: All right, George Howell, you tell that Tierrell Mathis how proud I am of her. She may be a student but she has just taught everybody how we should approach these things. I like it when she said, "I have no opinion at all. I'm here to just watch the justice system." And that's exactly what should play out. Please give her my kudos.

George Howell live in Sanford, Florida, for us.

HOWELL: Certainly.

BANFIELD: Thank you for that. Fighting to survive. While a 10-year-old waits for word on a new lung transplant, experts meet to discuss her case and some new rules. But she may not live to see that change. We're going to update Sarah Murnaghan's condition.

(COMMERCIAL BREAK)

BANFIELD: Now to look at some top headlines this morning. There was another big delay ordered in the trial of former Egyptian president Hosni Mubarak. Yes, it is still going on. It is now set to start July 6. Mubarak's attorneys are being given more time to look over some brand-new evidence that was revealed in court today. He's facing corruption and murder charges. The judge said Mubarak's sons may be able to get out of prison until the trial starts. They are also facing corruption charges.

The group that sets the rules for organ transplants is meeting in the United States today and that could change the rules that pertain to how children come in line for those organs. Comes after a judge sided with the parents of two children, including 10-year-old Sarah Murnghan. She is suffering from cystic fibrosis and desperately needs new lungs in order to survive. Unfortunately, Sarah's mother says that her daughter took a turn for the worse over the weekend and now needs a tube to help her breathe.

This could be a big day for Apple fans and anyone who owns Apple stock. At its worldwide developers conference, the company is expected to unveil a host of updates and brand-new products, too. We could see a new operating system, a new streaming music service, and a face-lift for the Macbook line. But no phones and no iPad at this stage.

So in the legal briefs, I want to read a statement from Trayvon Martin's family. He is the young man who was killed and for whom George Zimmerman is facing second-degree murder in a trial that starts today. Family statement says, "We are relieved that the trial is starting today with the selection of jury members. We are seeking justice for our son and a fair trial. Trayvon's life was taken unnecessarily and tragically, but we call upon the community to be peaceful. We have placed our faith in the justice system and we ask that the community do the same. Please pray for Trayvon and for our family."

CNN's legal analyst Mark Nejame joins me live now. His law firm has the largest criminal defense team in Central Florida.

Mark, thanks for being with me. I want to ask you a little bit about how things have changed over the course of a little more than a year -- when this story first came to light and now that it is actually going to be litigated in a courtroom. We saw there were a few people outside of this courthouse. There weren't mass protests and demonstrations. Does that bode well in your opinion that jury selection may not be as tough as people thought it would?

MARK NEJAME, CNN LEGAL ANALYST: Yes, I think that it's going to be a challenge but we're going to seat a jury. There's never been a time in American history that we've not been able to seat a jury on a criminal case. And even very high-profile cases from Michael Jackson's trial all the way down. So ultimately we will get a jury.

I think this judge is bending over backwards, though, to keep it in Sanford, not let it go to another jurisdiction or another venue, I should say, and to keep her control it. Basically, there's 500 people. There's 100 that are the first pool of -- potential jurors. And they're going through questionnaires right now. That's going to be vetted and pared down to where there's about 21, from what we understand, and then that's going to be subject to general questioning from the -- from both sides, the defense and the prosecution.

BANFIELD: So let me ask you this. You know, you've been on many a table where you prepare a lot of these questions and you know what you want. You know when you want to strike and you get your preemptories. What do you think that this panel is going to be asked and what will strike them?

NEJAME: Well, we always have to be careful in these high-profile cases of stealth jurors. Basically, jurors who want to be there for all the wrong reasons and not for any of the right reasons. So they may appear on their face to be unbiased and to be neutral and to be able to render a fair and impartial verdict but in point of fact they are not. They are there for their own personal gain or to make a personal point.

So on its face, they have to be very careful. Just because somebody says I'm neutral, that doesn't necessarily mean that they are neutral and they're fair and they're going to be fair. Additionally, you have to make sure that you have jurors that are not prejudiced, and outwardly prejudiced, and that they don't affect the entire jury panel. You need to take those people in that middle ground who've not formulated a strong opinion one way or another where they can't be compelled by the evidence that comes out in a trial to render a fair and impartial verdict.

BANFIELD: And I know in your state, in the State of Florida, you can have these cases with a panel of six. Most people assume it's a panel of 12. I'm not sure how many other states allow these petite juries, but that would probably make it a little easier. If you're only trying to impanel six, plus alternates, that does change the dynamic a little, doesn't it?

NEJAME: It does. We're used to it here so it's very much our norm. But basically, capital offenses, which is this is not, this is second- degree murder, it's not first, there's no death penalty involved -- but it's a felony that's not capital and hence there's six jurors. We'll probably see up to four alternates brought into this particular case just in the event that the people drop out of the main six.

But, yes, we're going have basically a six-person jury. And remember how serious this case is, though, Ashleigh. You've got a potential for a life sentence and a mandatory minimum, day for day, for 25 years if convicted as charged. So jury selection is critical in this case and I think both sides have spent a lot of time anticipating what kind of jury they want and where they're going to go with their selection. BANFIELD: I have heard it often that cases can be won and lost in jury selection, so this is a critical time. Mark Nejame, good to see you. Thank you.

NEJAME: Thanks, Ashleigh.

BANFIELD: Mark Nejame joining us live from Florida today.

We're keeping an eye on the White House as well for remarks from President Obama. Boy, has he been under the microscope lately. He's supposed to be talking about equal pay. It's a big day today. Big anniversary. Again, something big overshadowed by something maybe even bigger. The NSA leaks could come up. He may be peppered with questions about that.

We're also going to look at the legal aspects of the NSA leak case. Our very special Jeffrey Toobin, a guy who knows a lot about the law, is going to join me and I'm going to ask what kind of penalties the admitted leaker could ace and if we can even get to him. Coming up next.

(COMMERCIAL BREAK)

BANFIELD: We're going to go back to that very big story that's been breaking over the past week, the NSA leak story. Edward Snowden, that's a name you're probably going to hear a lot more in the days to come because he's admitted he's the guy behind all of those stories on the NSA's classified surveillance programs -- the stuff we're not supposed to know about but we do because of him.

Snowden worked for a private contractor in Hawaii.