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NFL Star Questioned in Homicide; James Comey Chosen to Lead FBI; Six Women to Judge George Zimmerman; Obama Picks Comey to Lead FBI; Comey Played Role in Spying Drama

Aired June 21, 2013 - 14:00   ET

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

DON LEMON, CNN ANCHOR: Good afternoon, everyone. Top of the hour. I'm Don Lemon, in today for Brooke.

More questions than answers today in the homicide of a young man in Boston and the star New England Patriots player entangled in an investigation. Aaron Hernandez spent much of yesterday trying to avoid the media horde which swarmed him after police searched his home and questioned him over the death of 27-year-old Odin Lloyd. A law enforcement source says Lloyd was shot to death on Monday. His body was found in an industrial park less than a mile from Hernandez's home. Hernandez has not said anything publicly, has not been seen out since yesterday. Police have not named him as a suspect in the killing, but he is also not clear. Not in the clear yet. CNN national correspondent, of course, is Susan Candiotti. She is live for us in Massachusetts. She is following this investigation.

Susan, give us the very latest on this.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Hi, Don.

Well, it was -- it's been pretty quiet all day long except for a couple of hours ago when we saw two Massachusetts state police investigators show up at the house here. They drove up the driveway. They walked out, one of them carrying paperwork with them, and came up to the front door, rang the doorbell. A woman allowed them inside, invited them in. And they spent only about a minute inside and then the two men left and drove away without making any comment at all.

Again, Aaron Hernandez, not at the house at this time. So it's unclear what these -- the paperwork was all about. But we can tell you this. A clerk who works at the magistrate's office tells us that three search warrants have been issued so far in connection with the murder investigation of Odin Lloyd. However, there have been no returns filed on them.

And what does that mean? Well, according to a former district attorney, that means that the district attorney has not filed what evidence was taken away from any of these search warrants. And once they do return this, they could possibly put a seal on it so that it is not publicly revealed.

Don.

LEMON: Susan, this very interesting because you spoke to the sister of Odin Lloyd about the relationship between Hernandez and Lloyd. What did the sister say?

CANDIOTTI: Well, you can imagine the family is just devastated. They can't imagine what would have happened to have caused someone to murder Odin Lloyd. She says he's 27 years old. He's a semi-pro football player and a part time landscaper. And she said that she - that he and Aaron Hernandez are friends. Also this. She said that her brother's girlfriend and Hernandez's fiance are sisters.

(BEGIN VIDEO CLIP)

OLIVIA THIBOU, SISTER OF ODIN LLOYD: I do not -- really didn't know him.

CANDIOTTI: Fair to say they were friends?

THIBOU: Yes.

CANDIOTTI: And the last time you know that they were together, tell me about that.

THIBOU: I really don't know much, as I said. I wasn't there. But I do know that they did go out this weekend.

CANDIOTTI: And they went together to a nightclub?

THIBOU: Yes. Exactly.

CANDIOTTI: As far as you know, ever have any angry words between them?

THIBOU: Not that I know of.

CANDIOTTI: And you talked to your brother a lot, didn't you?

THIBOU: Almost every day.

(END VIDEO CLIP)

CANDIOTTI: And the last time she said she saw her brother at that home that they share, where I did the interview, was on Sunday night. It was Sunday afternoon, rather. And later that night, her brother was murdered, according to police.

Now, we can also tell you this. There are reports in "The Boston Globe" that there is video surveillance of -- that show Lloyd and Aaron Hernandez together on the very same night that -- that Lloyd was murdered. And, as it turns out, according to this report, they were -- the video was taken on the very same street where Lloyd lives.

Don.

LEMON: All right. Susan Candiotti, just the beginning of this story, it is sure to heat up and become more intense. Susan will be following it for us.

I want to take you now to Washington because -- not Washington. This next story because we're awaiting a video statement from Paula Deen. She sent out a tweet to this effect just a short time ago. She also tweeted out this photo. And this morning she was supposed to appear on the "Today" show on NBC but she bailed out at the last minute.

Deen is one of the most famous food personalities in the U.S., if not the most famous. She's in the middle of a PR nightmare over her admitted use of the "n" word. That bombshell came out of a deposition she gave in May. Deen and her brother are being sued by a former employee for sexual and racial harassment. Deen's company acknowledged Deen used the "n" word back when America was still segregated.

And her lawyer sent out this statement. It says, "contrary to media reports, Ms. Deen does not condone or find the use of racial epithets acceptable. She is looking forward to her day in court."

We're watching to see when that statement comes out. The video statement. We'll keep you updated. As soon as we get it, it's released, you'll see it right here on CNN.

So I want to bring in now political analyst Keli Goff.

So, Keli, it's interesting to hear the statement from the attorney, to hear Ms. Deen's statement. OK, no Keli I'm being told by producers now. We'll get Keli up for you in just a little bit. We'll move on now.

We want to get now to Washington because we want to go -- the president is about to make an announcement. It's the -- for the -- only the seventh time in its history. The FBI is about to get a new director. Just moments from now, President Obama, he's going to introduce James Comey, his choice to succeed the longtime director, Robert Mueller. This announcement comes at a time of increasing public unease about domestic surveillance and what the FBI knows about our private lives. Dan Lothian now live at the White House.

A lot -- we're juggling a lot here, Dan, today. A lot of news. Tell us more about James Comey.

DAN LOTHIAN, CNN WHITE HOUSE CORRESPONDENT: Well, you know, first of all, this is something that we knew the president was going to do late last month. Officials with the Obama administration did confirm it, but only now is it becoming official.

This is someone who comes to the job, or would come to the job with a lot of national security experience. Someone who both Republicans and Democrats have said is an independent kind of thinker. Someone who they believe, at least the administration believes, could be crucial as the FBI moves beyond some of these controversies that you reference when it comes to domestic surveillance.

So, who is Comey? On a personal level, this is someone who is a registered Republican. He contributed to Mitt Romney in the 2012 campaign. Also Senator John McCain in 2008. He's married with five children. Someone whose career has spanned from public service to the private sector.

His most notable job came as deputy attorney general under former President Bush, oftentimes pushing back on some of the domestic surveillance programs, but also well known for prosecuting Martha Stewart. Remember, he went after her. She was later convicted in connection to insider trading. He was a U.S. attorney at the time.

So, again, this is someone who the White House believes has the credentials to do this job. For 10 years, as you pointed out, this is a 10-year term for him, taking over for Mr. Mueller who was in the job for 12 years because President Obama, at the time that his term expired, went to Congress, asked for an extension. Congress did give him an extension. So that lasted for 12 years. His job would last for 10 years.

Don.

LEMON: All right, Dan Lothian at the White House. Dan, we see you're awaiting that announcement, standing by. We'll get back to Dan just as soon as the president comes out.

Dan, appreciate that.

So, before the president's announcement, we want to get to other news. Major developments in court today, the trial of Florida neighborhood watch volunteer George Zimmerman. An all female jury will decide Zimmerman's fate. Opening statements will be Monday in the second degree murder trial, going to be Monday, 9:00 a.m. Eastern Time.

But today, two major rulings to tell you about. One being what words can and cannot be used by the prosecution while trying Zimmerman. And, two, whether prosecutors can play a 911 tape in court from the night Trayvon Martin was shot and killed. You remember Zimmerman says he fired at Martin in self-defense in February of last year. The sound of that gunshot was heard on the 911 tape the prosecution wants to use. They want an expert to analyze just who was screaming. The defense says it was Zimmerman. The prosecution says it was Trayvon Martin. Take a listen.

(BEGIN VIDEO CLIP)

911 DISPATCHER: Does he look hurt to you?

CALLER: I can't see him. I don't want to go out there. I don't know what's going on. So -

UNIDENTIFIED MALE: (INAUDIBLE).

CALLER: They're sending --

911 DISPATCHER: So you think he's yelling help?

CALLER: Yes.

911 DISPATCHER: All right, what is your -

(LOUD GUNSHOT)

(END VIDEO CLIP) LEMON: OK. Criminal defense attorney and CNN legal analyst Mark Nejame joins me now.

And, Mark, I want to tell you, if the president comes out, we're going to have to interrupt this interview, OK? Just fair warning.

MARK NEJAME, CRIMINAL DEFENSE ATTORNEY: I understand that. OK, of course.

LEMON: What will it mean for the -

NEJAME: I had it happen before.

LEMON: Yes. What will it mean for prosecutors if they can't play this tape in court?

NEJAME: It's a terrible thing for them. This tape and who is the one screaming for help, "help me, help me," is, in fact, a cornerstone of the state's case. And without it, an already challenging case becomes even worse.

The issue is, is that whoever is screaming "help me, help me," or words to that effect, are -- is a person who is presumptively the person who's on the bottom. The person that is the one who's a victim and the other person's the aggressor. So, with that, if they cannot establish that it's George -- if they cannot establish that it's Trayvon Martin, well then you've got reasonable doubt for a jury and you don't have any proof that, in fact, it was Trayvon Martin who was the one who was being victimized. It's a critical issue. And I think the judge realizes that. And this is a judge who's made some very rapid decisions, well thought out, well prepared. She wanted to get off today and get --

LEMON: OK, Mark, we got to go to the president now, Mark. Thank you, Mark. Let's listen in.

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: In that time, the FBI has been led by six directors. And the second longest serving director of the FBI, for the last 12 years, has been an exemplary public servant, Bob Mueller. And by law, FBI directors only serve for 10 years.

But back in 2011, when Bob's term was up, I asked Congress to give him two more years. It wasn't a request I made lightly. And I know Congress didn't grant it lightly. But at a time when transitions were underway at the CIA and the Pentagon, and given the threats facing our nation, we felt it was critical to have Bob's steady hand and strong leadership at the bureau.

Now, 12 years is a long time to do anything. And I guarantee you that Bob's wife, Ann, agrees. So, in addition to asking Congress, I think we needed approval from Ann as well for those extra two years.

Today, as Bob prepares to complete his service, this is a wonderful opportunity for all of us as a nation to say thank you to Bob and Ann, but also gives me a chance to announce my choice to be the next director of the FBI, Jim Comey.

Every day our FBI's special agents, analysts, and professional staff devote and often risk their lives keeping us secure from the streets of our cities, to the battlefield of Afghanistan. They embody the core principles of fidelity, bravery and integrity. Bob Mueller has embodied those values through decades of public service and lived them every day as FBI director during an extraordinary period in our nation's history.

Bob, some of you will recall, was sworn in just days before 9/11. And Bob not only played a key role in our response to those attacks, he began one of the biggest transformations of the FBI in history, to make sure that nothing like that ever happens again.

Like the Marine that he's always been, Bob never took his eyes off his mission. Under his watch, the FBI joined forces with our intelligence, military and homeland security professionals to break up al Qaeda cells, disrupt their activities and thwart their plots. I'll say it as clearly as I can, countless Americans are alive today and our country is more secure because of the FBI's outstanding work under the leadership of Bob Mueller.

All the while, Bob and the FBI have been tireless against a whole range of challenges, from preventing violent crime and reducing gang activity, including along our border, to cracking down on white collar criminals. Today there are many in the FBI who've never known the bureau without Bob at the helm. And, like us, they've admired his tenacity, but also his calm under pressure, his devotion to our security, and his fidelity to the values that make us who we are. It's a trademark -- a tribute to Bob's trademark humility that most Americans probably wouldn't recognize him on the street, but all of us are better because of his service.

And, Bob, I can't tell you how personally grateful I am to you and to Ann for your service. I know that everyone here joins me in saying that you will be remembered as one of the finest directors in the history of the FBI and one of the most admired public servants of our time. And I have to say, just personally, not only has it been a pleasure to work with Bob, but I know very few people in public life who have shown more integrity, more consistently under more pressure than Bob Mueller.

Now, I think Bob will agree with me when I say that we have the perfect person to carry on this work in Jim Comey, a man who stands up very tall for justice and the rule of law. I was saying while we were taking pictures with his gorgeous family here that they are all what Michelle calls normal height.

The grandson of a patrolman who worked his way up to lead the Yonkers Police Department, Jim has law enforcement in his blood. As a young prosecutor in the U.S. attorney's office in Manhattan, he helped bring down the Gambino crime family. As a federal prosecutor in Virginia, he led an aggressive effort to combat gun violence that reduced homicide rates and saved lives. He has been relentless, whether it's standing up for consumers against corporate fraud or bringing terrorists to justice. And as deputy attorney general, he helped lead the Justice Department with skill and wisdom, meeting threats we know about and staying perpetually prepared for the ones that can emerge suddenly.

So Jim is exceptionally qualified to handle the full range of challenges faced by today's FBI. From traditional threats like violence and organized crime, to protecting civil rights and children from exploitation, to meeting transnational challenges like terrorism and cyber threats.

And just as important as Jim's extraordinary experience is his character. He's talked about how, as a young boy, he and his brother nearly lost their lives. They were at home and an intruder broke in and held them at gunpoint. So Jim understands deeply in his core the anguish of victims of crime. What they go through. And he's made it his life's work to spare others that pain.

To know Jim Comey is also to know his fierce independence and his deep integrity. Like Bob, he's that rarity in Washington sometimes. He doesn't care about politics. He only cares about getting the job done. At key moments, when it's mattered most, he joined Bob in standing up for what he believed was right. He was prepared to give up a job he loved rather than be part of something he felt was fundamentally wrong. As Jim has said, we know that the rule of law sets this nation apart and is its foundation.

Jim understands that in time of crisis, we aren't judged solely by how many plots we disrupt or how many criminals we bring to justice, we're also judged by our commitment to the Constitution that we've sworn to defend and to the values and civil liberties that we've pledged to protect. And as we've seen in recent days, this work of striking a balance between our security, but also making sure we are maintaining fidelity to those values that we cherish is a constant mission. That's who we are. And it is in large part because of my confidence, not only in his experience and his skill, but his integrity that I'm confident that Jim will be a leader who understands how to keep America safe and stay true to our founding ideals no matter what the future may bring.

So to Bob and Ann, I want to thank you again for your incredible service. I want to thank Jim, his wife Patrice, and their five children, who are here today, Maureen, Katherine, Brian, Claire and Abbie, for supporting Jim as he takes on this important role. I know he couldn't do this without you and he is extraordinarily proud of all of you. And I can see why.

This is a 10-year assignment. I make this nomination confident that long after I've left office our nation's security will be in good hands with public servants like Jim Comey. And so I urge, as usual, for the Senate to act promptly with hearings and to confirm our next FBI director right away.

I'd like now to give both of them a chance to say a few words, starting with Bob.

ROBERT MUELLER, FBI DIRECTOR: I want to start by thanking you, Mr. President, for those kind words. I also want to express my gratitude to both President Bush and President Obama for giving me the honor and the privilege of serving --

LEMON: Now, that is the outgoing director of the FBI speaking now, Robert Mueller. Of course, James Comey coming in.

I want to tell you a little bit more, talk a little bit more about James Comey. He's a central player in the domestic surveillance debate which began when he served in the Bush administration. Bush two, that is. In fact, some would say Comey was a hero in a dramatic late night showdown with Bush's chief of staff Andy Card, Andrew Card, and his legal counsel Alberto Gonzales. To talk about that, former FBI special agent in charge is David Williams and he joins me now from Washington.

Thank you for joining us, sir.

DAVID WILLIAMS, FMR. FBI SPECIAL AGENT IN CHARGE: Good to be here, Don.

LEMON: So, Mr. Williams, on March 10, 2004, James Comey received an urgent late night phone call, summoned an escorted, and raced, sirens blaring, to the hospital bed of then attorney general John Ashcroft. I want you to recount that story for us, if you would, and tell us why it's connected to the domestic surveillance debate.

WILLIAMS: Well, the attorney general, John Ashcroft, had been very ill and he was hospitalized in bed. And there was a feeling that he was going to be asked to, perhaps, to continue a program that he may or may not have had any angst with.

The real question came here was, was he really in charge at that point? Had he handed off the day-to-day material dealings of the Department of Justice to his chief deputy, Jim Comey, or was he still functioning as the attorney general. He was in very bad shape on that particular day medically and there was a showdown. I believe it was at George Washington Hospital. At that time, Jim Comey came forth, as did Bob Mueller, and there was a confrontation. And, in fact, they prevailed.

LEMON: So he's taking over when there has really been increased public unease, you know, really about domestic surveillance. What are the challenges ahead for him and for the FBI?

WILLIAMS: Well, the FBI is always faced with a number of challenges. They don't go away. The FBI is, by far, the largest federal criminal law enforcement agency. In fact, it has far more jurisdictions than all the others put together. Those challenges tend to change from time to time. The number one priority for the FBI, for the past several years, of course, has been terrorism. It is still the number one priority and still the greatest challenge. We are faced with people who want to do us harm, both domestically and internationally.

But closing fast, if you want to use a horse racing analogy on that program of terrorism, would be cyber crime. And those things that are coming out of the cyber programs, whether it be cyber theft, cyber terrorism, or, in fact, just a simple dealings with people who want to bring down our cyber system from around the world. Those threats seem to be growing every day. They are not well understood by most Americans. They can be very, very technical. But the FBI plays a very key role in that.

LEMON: All right, we'll be watching, of course. David Williams, thank you very much. We appreciate you joining us here on CNN.

And as we told you earlier, the judge made a major decision in the Trayvon Martin case. We're going to continue that conversation next.

And later, keep your eyes to the sky. Shocking video of another baby saved after falling from a building window.

(COMMERCIAL BREAK)

LEMON: All right. So before the president came out, we were talking about the George Zimmerman trial down in Florida. A six-member jury already been impanelled, all women. I was speaking with criminal defense attorney and CNN legal analyst Mark Nejame.

So, Mark, let's talk about the series of words the judge will and won't allow. OK. So the state can -- they can argue that Mr. Zimmerman confronted Trayvon Martin. The state can also use these phrases -- vigilante, self-appointed neighborhood watch captain and wannabe cop. OK. What they can't say, the state may not say that Zimmerman was racially profiling.

So, Mark, how important is being allowed to use confronted Trayvon Martin to this case? And that profiling -- they can say profiling, but they just can't say racially profiling?

NEJAME: Right. I think the judge made some pretty sound, good legal decisions today. Basically she's saying to the state, you can go ahead and say that he was confronted, but you're going to have to prove it.

LEMON: Right.

NEJAME: So the state can bring it up and say that Trayvon Martin was confronted by George Zimmerman because that's the theory of their case. They believe that George Zimmerman went ahead and saw Trayvon Martin and initiated the confrontation. Well, if they're going to claim that, they're going to have to prove it.

So it can be a double-edged sword for the state. They're allowed to bring it up, and I think they well should. But if they don't prove it, they're going to be having egg on their face when it comes to the jury and you're going to surely hear the defense at closing arguments say they promised you this and they didn't deliver. So I think that the judge was real clear. I think it's appropriate. But the state's got the burden.

And with that said, you've now got a situation where the racial issue -- you know, when all this started, the state surely suggested that this was a racially profiled case. They seemed to have back pedaled on that. So now the issue is that they can talk about profiling, but the racial aspect is one issue amongst many on the profiling. How maybe Trayvon Martin was dressed. How he was walking in rain by himself that night. His youth. All those things are simply the whole composite of the profiling, but purely racial profiling is not going to be permitted and it's not going to be the way the state is proceeding.

LEMON: And this all starts Monday, 9:00 a.m. Eastern Time. Mark Nejame, thank you, and we appreciate you waiting for the president.

NEJAME: My pleasure.

LEMON: All right, have a great weekend.

Still ahead here on CNN, autopsy results and new details about the death of actor James Gandolfini.

(COMMERCIAL BREAK)