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American Teacher Killed in Libya; GOP and Women; New NSA Spying Revelations

Aired December 05, 2013 - 15:00   ET

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


BROOKE BALDWIN, CNN ANCHOR: Hour two, I'm Brooke Baldwin. You're watching CNN. We begin with this beloved American teacher named Ronald Thomas Smith. He was shot and killed in Benghazi just days before he was reportedly set to return home for the holidays. Blood stains on the street mark the spot where Smith was shot and killed during his morning exercise workout near the school where he taught.

This happened near the same U.S. diplomatic mission in which a U.S. ambassador and three other Americans were killed last year in a bloody attack. It is a tenuous time in Libya, very dangerous place for sure right now. We do not know who killed Ronald Smith or why.

(BEGIN VIDEO CLIP)

JAY CARNEY, WHITE HOUSE PRESS SECRETARY: The president was briefed on it during his morning briefing, and all I can say right now is, I can confirm that a U.S. citizen was shot and killed in Benghazi, Libya.

We offer our condolences to the victim's family. The State Department is in contact with the family and is providing consular assistance. We're following events closely, and, at this point, no individual or group has claimed responsibility.

We look to the Libyan government to thoroughly investigate this killing. Out of respect for the privacy of the family, we have no further comment at this time.

(END VIDEO CLIP)

BALDWIN: Here's what we do know.

In October, U.S. special forces went to Libya and snatched this alleged al Qaeda operative. This is the operative. Abu Anas al-Libi is now charged in connection when the 1998 bombings on U.S. embassies in Africa. An al Qaeda member want revenge.

Let me bring in senior international correspondent Nic Robertson.

And, Nic, I understand you have new details on Ronald Smith. What do you know?

NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT: Yes, this time, obviously, we pause to think about his family, his family. He leaves behind a young son and a wife. He was a chemistry teacher at the international school in Benghazi. He was out running in the morning when the gunman shot and killed him. There are reports even at the moment, still unconfirmed reports about just how they went about shooting him down on the street, but very much in cold blood. This is a man whose students at the school loved him and appreciated him.

The comments on social media, that he was an inspiration for them, that they liked having him there in Benghazi. The principal at the school where he was teaching said that he was -- he was loved and he was a really nice guy. So this -- we're learning a little more about the man, not so much more about the killing. But he leaves behind, as we say, that young son and a wife, Brooke.

BALDWIN: Obviously, our thoughts with this family, but I just have to ask, you know, when we hear of potential talk of revenge, you know what happened in Benghazi September of last year. Why would an American be out jogging on the streets in the morning?

ROBERTSON: It's a really tough question to ask. And one of the answers is, look, there's a demand in Libya for teachers like him, for international schools, because there's a real hope in Libya that this -- that the country will recover from Gadhafi, will recover from these militias, will rebuild.

It's a rich country that wants to attract oil executives and their families from around the world. They need qualified, good quality American teachers like Ronald Smith to teach in international schools to attract that type of businessman.

Why was he running on the street when the city is so dangerous? We know there have been daily killings inside Benghazi over the last several weeks. Violence there has stepped up. It's tough to answer that right now, Brooke.

BALDWIN: OK, Nic Robertson, thank you very much. We know you will stay on it, ask all those questions. Appreciate you very much.

Want to move along to another story breaking at the top of last hour. One of the nation's top college quarterbacks just dodged an event that really could have entirely derailed his career.

In this last hour, Florida prosecutor said Jameis Winston will not be charged with rape. Winston led the Florida State Seminoles to a 12-0 season, and is the front-runner for a college football player's highest honor, that being the Heisman Trophy.

In January, an FSU student accused Winston of raping her.

(BEGIN VIDEO CLIP)

WILLIE MEGGS, FLORIDA STATE ATTORNEY: Her recall of the events of that night have been moving around a good bit. There's some memory lapses. There were some major issues.

And we were trying to determine about the memory lapse what would cause that. Intoxication, some of you all might tell me would tell you have to memory loss. Sometimes, drugs can cause you to have that. And we found no evidence of any kind of major impairment or use of drugs.

(END VIDEO CLIP)

BALDWIN: Joining me now here in the studio, Barrett Sallee, Bleacher Report's lead writer.

And this is -- welcome.

BARRETT SALLEE, BLEACHER REPORT: Thank you.

BALDWIN: This is a huge, huge deal for him, as we are, what, four days away from the end of Heisman voting. But, bigger picture, there were questions about the investigation. There was sort of one version of the police story, one version of the accuser's attorney's story. Was this a surprise that he's cleared?

SALLEE: I don't think so because it took basically a year from when the incident apparently happened to now, and 11 months for the state's attorney to even get the case, and Willie Meggs even said in the press conference that they would have liked more time. They thought that with more time, with some more memories fresh in the minds of some of the people involved, that maybe they would have more evidence to convict him or to press charges.

But, look, I think after a year, memories fade. Things happen. And I think the inconsistencies in the complainant's story, saying that they were at a bar, they took four or five shots, and in the end in the toxicology report only having a 0.04 blood alcohol content, I think that made her very difficult to actually send to the stand and make her believable because there were so many inconsistencies.

BALDWIN: One of the questions -- growing up in the South -- I don't know where you're from.

SALLEE: Here.

BALDWIN: Here, right. So, you know certain towns, the football players are like gods walking around campus.

SALLEE: Yes.

BALDWIN: And so there were concerns, even within the police, the investigators, this detective, that this was colored, that this was tainted, because we're talking about someone that was potentially -- is still potentially up for the Heisman. His entire career could be derailed, and there were questions over whether or not they were saying to this accuser, hey, you may not want to come forward with this.

SALLEE: Yes, I think, is that realistic? Sure. In college towns, sure, the cops are fans of the team. They do some things to protect the team, but I think in this situation, with the seriousness of these charges, I think it's a little different, because these cops and these detectives and the investigators, they have livelihoods, too.

If there's improprieties, they're valuing the school over their own livelihoods and their own families' livelihoods? I don't think that's really realistic in this particular case. Now, in some schools, in a lot of schools, if a player gets drunk and gets into a fight, are they going to cover it up? Sure, that's going to happen.

But because of the serious nature of this, I don't necessarily think that's realistic in this case, although there was a report that the initial detective in Tallahassee said...

(CROSSTALK)

BALDWIN: Hey, this is Tallahassee.

SALLEE: This is a football-crazy town. I think that can be viewed negatively, but it also is realistic because...

BALDWIN: It could be like a heads-up. Prepare yourself if you're going to with this. This is a huge fight.

(CROSSTALK)

SALLEE: This is a big deal.

BALDWIN: Let me hit pause because on this conversation because I'm getting information from the control room. We now have -- what is it, guys? The statement from the accuser's attorney? Yes.

So, let me read this for you. This is what we just have in -- quote -- "The victim in this case had the courage to immediately report her rape to the police and she relied upon them to seek justice. The victim has grave concerns that," continues on, "her experience as it unfolded in the public eye and through social media will discourage other victims of rape from coming forward and reporting."

Again, we say this is an accuser, not a victim, because there was no conviction. He was totally cleared of the charges. Let me ask you this as far as football, and to her point, for many accusers, this is a bigger story. But on football, four days away from the end of Heisman voting. Now that he's cleared, do you still -- do you think that will taint the voting at all still?

SALLEE: I don't think so, because now in this day and age, it's Internet voting. You get your vote in by 9:00 -- or 5:00 -- I'm sorry -- on Monday.

Jameis Winston is going to win the Heisman Trophy. He was the front- runner.

BALDWIN: You're saying that right here, right now?

SALLEE: He absolutely will.

BALDWIN: Wow. SALLEE: I think a lot of people were holding back their votes maybe to see what happens because they don't want to give him their votes if he is arrested, but everyone else around him, Johnny Manziel, Marcus Mariota, Bryce Petty, these guys lost the Heisman.

They're already -- basically, it's a one-man race, and that man is Jameis Winston. And if something happened to him legally, then it's anybody's guess. But at this point, with no charges coming, I think it's almost a slam dunk that he's going to win the Heisman.

BALDWIN: He's a red-shirt freshman.

SALLEE: Yes, two years in a row.

BALDWIN: How about that?

SALLEE: For a red-shirt freshman.

BALDWIN: Barrett Sallee, thank you very much. Appreciate it, Bleacher Report here.

SALLEE: My pleasure.

BALDWIN: Stay with me because coming up in just about 20 minutes from now, we're watching that clock closely, we will hear from Jameis Winston's attorney. He will be speaking to reporters, and we will have that live for you as well.

Also ahead here on CNN, you have heard reports, the NSA tracks your e- mails, your cell phone information. You know this, you have been watching CNN. But did you know this? They are pinpointing locations and tracking those as well. New documents released say the NSA gathers nearly five billion records a day on whereabouts of people all around the world. That's coming up.

Also later, in Florida, more than 40 stranded whales, some of which are finally making their way back into deeper open water. John Zarrella, our correspondent there in Florida, took a boat to see what these rescuers did to help the whales. He will have an update for us coming up.

And when it comes to classics, folks, does it get bigger than the Mustang? It's a beauty. See how the new muscle car looks at 50. Not too shabby. Stay with me. You're watching CNN.

(COMMERCIAL BREAK)

BALDWIN: Five billion cell phone records all around the world tracked each and every day by the NSA, this is according to "The Washington Post" today. This report is based on top secret documents leaked by former NSA contractor Edward Snowden.

I want to go to Brian Todd in Washington, because my first question was, when we're talking cell phones, Brian Todd, are we talking about our cell phones, American cell phones, or just overseas?

BRIAN TODD, CNN CORRESPONDENT: It's just overseas, Brooke, but Americans' cell phones overseas could be swept up in this.

As you know, the NSA is not allowed to spy on Americans. A senior U.S. intelligence official tells our Evan Perez that this phone location tracking program focuses only on foreign targets overseas, but, of course, millions of Americans travel overseas. Even though the NSA says it doesn't intentionally target Americans, the whereabouts of American cell phones overseas could be collected inadvertently, they say incidentally.

But a senior U.S. intelligence official tells us that the NSA tries to minimize the collection of American cell phone locations, and when it does get them, it tries to remove them from the database -- Brooke.

BALDWIN: So, then with said cell phone information, Brian, do we know, what has the NSA said they're doing with this?

TODD: Well, this is where it gets really interesting.

What they're trying to do is find the associates of people they're targeting for surveillance. If they're targeting a potential terrorist for surveillance, they already know who that person is, they want to find his associates. They will follow his cell phone location. You get that via cell phone towers. It's not GPS. The cell phone towers transmit his cell phone location.

They target his mobile phone as he moves around the city, and then they try to find the people, the cell phone signals that are moving with him or maybe meeting up with him, more than one time. And they track that as they go along. Like, if he moves from one point to another in a city and let's say 200 people randomly follow him from that one point to another, and then he moves to another location, then maybe only 20 people follow him there, they're narrowing it down.

That's where they can track maybe the one associate who stays with him as he moves around the city. And they do it all through cell phone location. Your cell phone can emit your location even when you're not using it, sometimes even when it's not turned on.

BALDWIN: Huh. Brian Todd, we will look for more of your reporting with Wolf on "THE SITUATION ROOM." Thank you very much.

And now a picture, the Ford Mustang looking sharp at age 50, huh? Ford unveiling the new redesign of its iconic car to the world today. This is ahead of the 50th anniversary. The 2015 Mustang promises more power, better gas mileage, and an optional turbo-charged four-cylinder engine. This is the first time Ford has offered one in a Mustang policy since the 1980s. Of course, the car will still have that classic shark bite front end.

Coming up, let's get an update on these that have been whales trapped in the shallow waters, very isolated location there in the Florida Everglades. Now we're hearing many of them are making their way back offshore into those deeper waters. We will get an update from John Zarrella. He hopped on a boat, got a firsthand look. We are going to talk to John coming up next. And Speaker of the House John Boehner saying today Republicans could be a little more sensitive when it comes to their female counterparts -- the GOP's message to its candidates who are running against women. Stay with me.

(COMMERCIAL BREAK)

BALDWIN: If you have been following those 40 or so beached whales, we have some encouraging news for you. These are the pilot whales that have been stranded near Everglades National Park in Florida.

We have just gotten word that the whales that were stranded have now swum out to deeper waters. That's great news, because that's what rescuers have been wanting to see happen the last couple of days.

And John Zarrella, you were near those whales on a boat with those rescuers, John. Tell me how it's going.

JOHN ZARRELLA, CNN MIAMI BUREAU CHIEF: Yes, Brooke, well, you know that movie "Miracle" about the whales in Alaska? Everybody has probably seen that.

Well, they had a miracle here down off the Florida Everglades on the west coast today. During the overnight hours, the whales apparently decided they were done. They started swimming out to deeper water.

By the time the rescue team got out there, by the time we got out there, the whales were gone. Now, in an overflight by the U.S. Coast Guard, they did spot a pod of whales, about 40 of them, heading west, about 11 miles offshore.

And the stranding team tells me, in fact just now, they have come back and they said it is consistent with that group of whales that were stranded. So they're very encouraged that the whales are gone, they're going back in deeper water, and that they will not likely come back to shore and strand themselves again, so really kind of a miracle here down in the Florida Everglades.

Those whales, 40 of the 50, survived. No additional carcasses were found today, so that's good news.

BALDWIN: OK. Let me just ask you quickly because I was talking to Philippe Cousteau last hour. He was saying, in some cases, that because of their hearing, they will bang on pipes just to get the whales moving. Was this a -- I sound silly saying this, but was this a whale decision? Do you know what I'm saying? Was this a lead whale, I know they have the school mentality, to all sort of leave, or was it the rescuers who helped propel them away?

ZARRELLA: Well, you know what? When the rescuers left yesterday, they were still there, they were stuck, they were stranded. So, whatever it was that -- a lot of people will tell you, the whales were mourning the ones that had died. They're very bright creatures.

And once the process was over, they all moved on. For whatever reason, during the overnight hours... BALDWIN: John Zarrella, I wanted to hear the rest, but I have to pull away. Thank you so much in Florida.

We want to go straight to this attorney for that FSU quarterback who we now know will not face any rape sex assault charges down in Tallahassee. Let's take a listen. This is Jameis Winston's attorney.

(JOINED IN PROGRESS)

TIM JANSEN, ATTORNEY FOR JAMEIS WINSTON: But we were confident, he was confident.

I think important to note that the two eye witnesses that gave affidavits were there, saw what happened. Those affidavits are important. When you get those public documents, you will see those eyewitness affidavits, that this was a consensual encounter.

We believed it then, we believe it now. We're satisfied with the investigation. Jameis is satisfied. I spoke to Jameis a few minutes ago. I was with him. I spoke to his parents. I was with them. I talked to them on the phone, and they're completely satisfied that this is done. He can move forward. He actually had an exam at 1:00 today, so that's where he is.

He's at practice. We will try to make him available. I'm not sure if he will give a statement, but he does have a written statement we we're going to pass out that he's provided at this point. And if you have any questions, I will be glad to answer them at this point.

(CROSSTALK)

JANSEN: Sorry?

QUESTION: What was Winston's reaction to the news?

JANSEN: It was very -- he was very happy. I can tell you he gave me a hug. It was nice. It was not -- not relieved because he knew he didn't do anything. And he was like, you know, I knew it just took time for the truth to come out.

QUESTION: Can you give us the -- what happened that night from Jameis' point of view?

JANSEN: Well, I think you are going to find when you look at the reports that it was a consensual encounter between him and a young woman.

Two other witnesses were present there. Clearly, the woman consented to whatever activity took place. She had no drugs in her system whatsoever. She was not intoxicated. You're going to see her actions when you see these reports. They're going to see vindicate that, clearly vindicate that.

And that's part of the problem Mr. Meggs had with her story, just does not add up. QUESTION: Tim, why -- law enforcement tells us it's very difficult for people like this to come forward. Why would a young woman subject herself to a sexual assault kit, which by all accounts is extremely invasive? Why in your opinion would she do that?

JANSEN: Well, I think sometimes you have regret. Sometimes you have embarrassment. And sometimes you don't want to come forward with what really happened.

I have never spoken to the woman. I don't know. I wasn't there that night. All I know is what the reports say, the lab reports, what the eyewitnesses that were there. I think certainly any woman that is sexually assaulted should come forward.

Don't forget, in this case, she came forward very early. Those toxicology tests were done in hours. So if there's any ambiguity about those tests, this is not this case, and I heard Mr. Meggs talk about GHB and Rohypnols. That's a case where it's a delayed report. The girl passes out, doesn't wake for eight hours, 10 hours. Sure, it's not going to be in the system. That's not this case.

(CROSSTALK)

BALDWIN: OK. So you have been listening to Jameis Winston's attorney speaking, talking reactionarily of what his client, who he has been defending here through these rape, these sex assault allegations for the better part of this year, saying that upon hearing the news as we heard last hour from the Florida state attorney that they will not be pressing -- no charges will be coming up against this really star quarterback.

This guy is a favorite for the Heisman Trophy. He's been having this obviously hanging over him as he's been playing, been stellar on the field. You just heard the attorney say he had an exam a couple of hours ago. He's off the hook, and this young man may very well be winning the Heisman in a matter of days. We will wait and see, but saying relief.

Actually, no, he said not relief because he knew he wasn't guilty, but just is glad this whole thing is done and wrapped up.

Coming up, let's talk about this guy, Toronto Mayor Rob Ford, some crazy new allegations surfacing today, and we will have it for you next.

(COMMERCIAL BREAK)