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U.S. Government Closed For Business Across Middle East And North Africa; Is Al Qaeda 2.0 Even More Dangerous Than Before?; Driver Mows Down More Than A Dozen People In Venice Beach, CA; "On The Case"

Aired August 05, 2013 - 15:30   ET

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

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BROOKE BALDWIN, CNN ANCHOR: Lawmakers (inaudible) on the terrorism threat say the intelligence pointing toward a looming attack is the strongest since 9/11, and our sources here at CNN say the key is an intercepted message from within the ranks of al Qaeda.

So the U.S. government's closed for business really across much of the Middle East, also in Africa. You see all the dots on the map. Those are the different U.S. embassies.

They have been shuttered for the rest of the week, an unprecedented move by the Obama administration.

So with us now from Washington, D.C., is Gloria Borger, our chief political analyst.

And so Gloria, we know members of Congress who have seen this intelligence, they seem to support the embassy closures, even Republicans.

Listen to this.

(BEGIN VIDEO CLIP)

REP. PETER KING (R), NEW YORK: I'm a Republican, but I'm saying the administration -- they've had different issues.

What they are doing now is what has been to be done. They'd be derelict if they didn't. We can't criticize them for doing too much.

(END VIDEO CLIP)

BALDWIN: Congressman King, Republican. Is everyone up there behind the president?

GLORIA BORGER, CNN CHIEF POLITICAL ANALYST: Yes, I think Congressman King kind of summed it up pretty well.

Look, you know, even the vice president was up on Capitol Hill last week talking to members in a classified briefing.

It's clear to me from my sources, listening to what people are saying publicly, is that they have some incontrovertible evidence, and what they're doing is they're erring on the side of caution particularly given what occurred in Benghazi.

I mean, you know, they're trying to do a "lessons, learned" here and be proactive about protecting embassies rather than waiting for something to occur.

So there isn't a lot of grumbling about it on Capitol Hill other than maybe a few folks privately saying, what kind of intercepts were these?

Don't use this as evidence that the NSA surveillance program with metadata is really responsible for getting these intercepts. Some people are a little skeptical of that.

BALDWIN: I guess the only grumbling that I have seen or read was that, you know, that perhaps the U.S. government has over-shared in this information.

Do you think that's the case? Do you think that's a valid concern?

BORGER: Well, you know, it's a concern only insofar as when you over- share, as you put it, you might be tipping some folks off that you'd like to catch.

BALDWIN: Right.

BORGER: But I think post-Benghazi, the feeling is that you can't have what they call a double standard, which is that you can't know these things, keep it to yourself, and not share it with the public that could actually be affected or hurt by these attacks.

And so I think the newer strategy is to let people know what you can let them know.

By the way, we still do not know the direct nature of the threat. I'm not so sure the government knows it. I think it's quite diffuse.

And we don't know all the details of what the government knows. But we do know enough to be vigilant and to close these embassies and to give people a heads up.

And I think that there's a sense on Capitol Hill and around Washington that that's what we ought to be doing.

BALDWIN: Gloria Borger. Gloria, thank you very much for us in Washington.

Sort of related here, there have been all these prison breaks, new leaders. We're going to break down the apparent re-emergence of al Qaeda and why they could be more dangerous than the first version.

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BALDWIN: We just told you embassies began shuttering last week as this al Qaeda message intercepted by the U.S. threatened attacks.

Adding to the concerns, you have Ramadan ending this week, concerns growing over a possible terrorist mastermind behind several prison breaks in this region, concerning the new al Qaeda chatter, this really has the entire world on edge.

But is the threat increasing? That's one of the questions. Michael Chertoff, former Homeland Security secretary, says, yes, saying today's splintered al Qaeda is more dangerous than ever before.

(BEGIN VIDEO CLIP)

MICHAEL CHERTOFF, FORMER HOMELAND SECURITY SECRETARY: Now we have what I call 2.0 or 3.0, which is widely dispersed, a younger generation coming up with new ideas, not necessarily repeating what they did in the past.

And we now see them all the way from West Africa into South Asia, and so there's a much broader battlefield.

(END VIDEO CLIP)

BALDWIN: CNN International's Jim Clancy is here. It's interesting hearing Chertoff hearing about 2.0, 3.0 because we've talked about that.

Do you think as a result of that, even despite the fact that they appear splintered, they more of a threat?

JIM CLANCY, CNN INTERNATIONAL CORRESPONDENT: They are in some ways, and we have to recognize that.

First of all, the core objectives haven't changed. Kill as many Americans as possible. Set up an Islamic caliphate, an Islamic state that they can use as a base.

Al Qaeda means "the base." They need a base of operations. They were deprived of that in Afghanistan. They remain focused on those goals.

But as they splinter, a lot of them have tried to set up the caliphate, say, in Mali, North Africa, in Somalia. They've been pushed back in those areas, but they still remain active.

And this is why they pose a threat. They've got that whole network. They use it for fundraising as well. And it grows larger and more intricate by the month, month on month.

BALDWIN: Then you add the layer of the prison breaks, a rash of prison breaks in this part of the world. And Interpol has been issuing security alerts, links to al Qaeda, these breaks.

CLANCY: They want to find out, were all of these coordinated? Was this an offensive by al Qaeda? Who was behind it?

They don't have the answer. They're not telling us they have the answer yet, but it is a source of concern.

We have to understand one thing about many of these Islamic terror groups and especially al Qaeda. They cannot stand to see their members put on trial, and they are facing trial right now. This could be one of the ignition points.

Ayman al-Zawahiri came out after those prison breaks and said he was going to try to break everybody out of Guantanamo Bay where they've been having a hunger strike.

We've got a trial starting tomorrow, Nidal Hasan, the Fort Hood shooter. Surprisingly, the U.S. doesn't call this a terror attack, but it left 13 U.S. service members dead, 30 more wounded.

It is a huge case, and he had direct ties to Awlaki, Anwar al Awlaki. He was U.S.-born. He became the leader, really, of al Qaeda on the Arabian Peninsula, so there's a link there. That trial starts tomorrow, expected to last a month.

BALDWIN: He's representing himself, and imagine the victims on the stand being cross-examined by the man with the gun.

Jim Clancy, thank you very much, our veteran intrepid correspondent who's been all around the world. We appreciate it.

Coming up, horrible story, driver mows down more than a dozen people on a famous boardwalk.

Could this have been prevented? What do they do next?

An L.A. city councilman says barriers are necessary to prevent another tragedy. How do they do that? We'll talk to him live, next.

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BALDWIN: It's pretty gruesome to think, but according to witnesses, it was bodies flying everywhere.

What you're about to see on a Venice Beach boardwalk, watch the background. This is surveillance footage. You see the car go through, spotlighted for you, accelerating, taking down body after body.

This was a beautiful Saturday in Southern California, these folks just walking along the boardwalk. One person is dead. A 32-year-old woman from Italy on her honeymoon.

Look at these pictures. Eleven others were wounded by a driver witnesses say was out for blood, using his own car as a weapon.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: He just drove and took that left turn down the center of the boardwalk and just started driving, and bodies were scattering and bodies were flying in the air.

UNIDENTIFIED MALE: He had to have pressed his foot to the gas, the pedal to the metal, because the tires started screeching.

And I saw him. He was looking for blood. That guy was -- that guy -- his intention was to kill people. (END VIDEO CLIP)

BALDWIN: Mike Bonin is a Los Angeles city councilman whose district includes Venice Beach, joins me now from L.A.

Councilman, nice to see you, although I hate the circumstances. Take me back to Saturday. Where were you? What was your immediate reaction?

MIKE BONIN, LOS ANGELES CITY COUNCIL: You know, I was actually in another part of the district that day. And I got a text from the mayor of Los Angeles alerting me to it. And my first reaction was absolute heartbreak for what had happened, the 12 people who were injured and our hearts go out to the family of Alice Grupioni, the wedding photos are just tragic. The second was outrage at what seems to have been a deliberate act of senseless violence. And I hope they throw the book at this guy. And the third was just absolute admiration at the quality, the speed, the professionalism of our first responders here in L.A. The cops, firefighters, even the lifeguards and civilians did a great job taking care of things right away.

BALDWIN: The big question -- and you're saying throw the book at him. The big question is why.

I know the investigation is under way. Are you hearing anything?

BONIN: I'll be getting a briefing from the LAPD a little bit later today. It's very telling that it is the LAPD's robbery and homicide unit that's investigating this and not the traffic division.

You know, if you look at the surveillance videotapes that were shown, it's clear that this guy had some intent and was out to maim and to kill.

BALDWIN: I was reading "The L.A. Times," this reporting. They were reporting the driver drove the car onto a sidewalk, finding enough space to maneuver it past five narrow concrete pylons used to block cars.

You know, you're quoted as suggesting more barriers were needed. How would that have helped?

BONIN: Actually, there were four pylons on the street, and if we had a fifth one, it would have prevented him from getting through.

It just happened to be a particularly wide sidewalk at this point, and this is one of the few entry points. There's over a dozen entry points to Venice Beach from roadways, and this is one of the few that had barriers.

I'm actually looking to install barriers at the other locations. Some of them would be retractable, would go up and down so emergency vehicles can get in, and others can actually be very decorative.

At Los Angeles International Airport, we have concrete planters which have flowers. You could have artwork that would serve as a barrier and still make it feel like Venice Beach and not like "Fortress Venice."

BALDWIN: Right, to keep the beauty, but keep some evil out as well.

Mike, thank you very much. We'll be following it to make sure justice is served in this case. Thanks.

BONIN: Thank you very much.

BALDWIN: Coming up, she left the bar, drove the wrong way down a major highway and killed two people.

But the thing is, a man bought her drinks, and that man is now facing charges in connection with the deaths as well. "On the Case," next.

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BALDWIN: Did you ever go to a bar, make a friend, buy that person a shot? Maybe shots? You may think twice after you hear this next story out of Texas.

This 24-year-old pled guilty last week to killing two people and seriously injuring another after driving drunk the wrong way down a highway.

The name of this person is Nicole Baukus. She was sentenced to 38 years in prison after jurors saw this video of her. She's stumbling around the bar, a bar where she had 17 shots and four beers in about four hours.

So now that Baukus is behind bar, prosecutors apparently have a new target. Kambiz Michael Duran is his name. He's the man who's seen on the video giving her a couple of drinks before she left. Now there is a warrant for his arrest.

Let me bring in Janet Johnson and Patrick McLain, "On the Case" with me this afternoon, both experienced criminal defense attorneys.

And, Janet, let me just begin with you here. The bar -- we should be clear. The bar has already been cited for over-serving this woman.

Now they are going after this man for giving her the drinks. Have you ever heard of something like this before?

JANET JOHNSON, CRIMINAL DEFENSE ATTORNEY: There's something called the Dram Shop Act, and actually, Florida and Nevada are the only two states that don't have it.

Normally it would be the bartender. It's rarely used for somebody like a patron, obviously just buying drinks for a girl.

But there was a warrant issued based on that video. No one would name him, but he was identified from that video, and if she had that many shots, I guess the argument is she was so visibly intoxicated, you should know this would happen.

I don't know. I think that's a hard argument to sell to a jury. BALDWIN: Patrick, if you're defending this man, how do you defend him?

PATRICK MCLAIN, CRIMINAL DEFENSE ATTORNEY: Well, they have to show that he had the mindset to understand that she was already intoxicating.

It seems to me the person most likely to know that is the person who has been serving alcohol all night to her, and that would be bartender at the restaurant.

BALDWIN: And so it would be up to the bartender. Do you understand how this man could possibly get in trouble, go to jail for buying a woman shots?

MCLAIN: Sure. He's an easy target. He was already in jail. They finally identified him from the video, identified as a person already in confinement and so he's an easy person to pick on.

He's unlikely able to afford competent legal counsel. And so he's probably going to have a tough time making his defense.

But as you pointed out, he seems to have a pretty strong defense in how was he to know how much she had consumed prior to him meeting her? Because I think they met for the first time after she'd been there for a while.

BALDWIN: Right.

Patrick McLain and Janet Johnson, just something we had never heard of. Thank you both very much.

Coming up next, a beating on a bus, all caught on security camera. Look at this. Three teens are pummeling one another.

The bus driver calls 911, is yelling at them, but didn't get up and physically try to break up the fight. Critics accuse him of not doing enough.

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BALDWIN: Just a quick warning, what we're about to show you is pretty tough to look at because it shows these teenagers beating a boy in a hail of stomps and punches and kicks, lasts more than 50 seconds.

And so the voice you're about to hear is the only adult on this school bus where it all went down, the driver.

(BEGIN VIDEO CLIP)

VOICE OF JOHN MOODY, SCHOOL BUS DRIVER: Somebody help, quick, quick, quick. They're about to beat this boy to death over here. Please get somebody here quick. There's nothing I can do.

(END VIDEO CLIP)

BALDWIN: The attackers, all aged 15, are under arrest for aggravated battery.

But now that school bus driver is under fire for not doing more to help the 13-year-old victim, who, by the way, did suffer a broken arm.

Gulfport, Florida, police are not charging the driver. The Pinellas County school district says they support him, saying the driver was not required to intervene.

He says he didn't step in because, quite honestly, he feared his own safety.

(BEGIN VIDEO CLIP)

MOODY: And I did all I can. I was looking. It was like I was shocked. I was petrified.

(END VIDEO CLIP)

BALDWIN: Police say the teens attacked the boy after he reported that one of them had tried to sell him drugs.

Coming up next, a woman who's being called real-life Indiana Jones. Don't miss this.

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DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: This week on "The Next List," a space-age archaeologist, Sarah Parcak, she's been called a real-life Indiana Jones.

SARAH PARCAK, ARCHAEOLOGIST: I take them on a search for archaeological sites (inaudible).

GUPTA: Armed with the latest infrared satellite technology, she's shedding new light on ancient Egypt.

PARCAK: This completely invisible world just comes to life when you're processing the satellite data.

GUPTA: And in Guatemala, fashion designer Susanne Heisse is transforming her community with trash.

Their remarkable stories on "The Next List," this Saturday, 2:30 Eastern.

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BALDWIN: I'm Brooke Baldwin. Thanks so much for watching. See you back here tomorrow.

Now "THE LEAD WITH JAKE TAPPER" starts right now.