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Florida State University Shooting; Bill Cosby Refuses to Respond to Rape Allegations; Six Feet Already, More Snow for Buffalo Today; Obama to Unveil Reforms in Primetime Speech

Aired November 20, 2014 - 09:00   ET

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

CAROL COSTELLO, CNN ANCHOR: Happening now in the NEWSROOM, snowbound and shuttered. Buffalo waking up under almost six feet of snow and another three feet is on the way. Say it ain't snow? The lake-effect machine in full gear as the south shivers, the sunshine state seeing temperatures in the 30s.

Plus immigration showdown. The president holds a primetime address. Can Congress stop his executive order? We've got the truth of what the president can and cannot do.

And airbag investigation, a Capitol Hill hearing grilling the maker of millions of airbags, probably the ones in your own car. Was there a cover-up? Did they know about problems?

Let's talk. Live in the CNN NEWSROOM.

And good morning. I'm Carol Costello. Thank you so much for joining me.

The Florida State University classes are canceled and exams on hold this morning as gunfire erupts in the school library. It was midnight, the library was crowded with students studying when they heard this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: There has been a shooting in the library. Stay where you are. We'll be coming to get to each floor, clearing, and taking care of anybody. If anybody has a victim, if anybody has been shot call 911 from your cell phone. If you have not been shot or do not know if somebody was armed, do not call 911.

UNIDENTIFIED MALE: Jesus.

UNIDENTIFIED MALE: If you know somebody who has a gun who has been shot call 911.

(END VIDEO CLIP)

COSTELLO: When it was over, three students were shot. Right now one of those students is in critical condition. Those inside the library used books and tables to barricade themselves from the shooter. The gunman acting alone was eventually killed by police. Nick Valencia is on the Florida campus in Tallahassee with more for

you.

Good morning, Nick.

NICK VALENCIA, CNN CORRESPONDENT: Good morning, Carol. You could see behind me this area where the shooting took place. Still cordoned off and investigators are still canvassing the scene. They say there's no longer a threat to public safety. But for those 30 to 45 minutes witnesses tell me it was pure havoc and chaos.

(BEGIN VIDEOTAPE)

VALENCIA (voice-over): Breaking overnight.

UNIDENTIFIED FEMALE: Are you serious? Oh my god, are you OK?

VALENCIA: Moments of fear inside this Florida State University library. An FSU student captures it on cell phone video.

UNIDENTIFIED MALE: This is the Tallahassee Police Department and FSU Police Department. There has been a shooting in the library. Stay where you are.

VALENCIA: Just before 12:30 this morning, an unidentified gunman opens fire in a crowded library.

UNIDENTIFIED MALE: If you know of somebody who has a gun or if you know somebody who has been shot, call 911.

VALENCIA: One man is seen lying on the floor apparently shot in the leg as the librarian makes a frantic 911 call.

UNIDENTIFIED FEMALE: Oh, my god.

VALENCIA: FSU senior Sarah Evans shot the heart-pounding video and describes a chaotic screen.

SARAH EVANS, FSU SENIOR: I saw one of the employees kind of looking frantic, going, and that's when I thought something was pretty wrong.

VALENCIA: The campus on lockdown as police swarm the building. Students warned to seek shelter immediately, stay away from doors and windows, via the university's emergency alert system. As the ordeal unfolds, photos flooded Twitter. It showed police with assault rifles inside the library eventually leading the students to safety.

At least three people are injured and transported to the hospital, one in critical condition. The shooter, shot and killed, in front of the library.

OFFICER DAVID NORTHWAY, TALLAHASSEE, FLORIDA POLICE: They gave the suspect commands and the suspect did not comply with the command and actually shot at one of the officers. They returned fire and the subject was killed. VALENCIA: After a nearly three-hour ordeal, university officials

assured the FSU community the situation is under control. Classes have been canceled at FSU for the day.

CHIEF MICHAEL DELEO, TALLAHASSEE, FLORIDA POLICE: Obviously everyone wants to know why and that's the hard question that we're going to continue to investigate and try to find those answers for everybody.

(END VIDEOTAPE)

VALENCIA: Many questions have not yet been answered, principally who was this gunman and why did he carry out this attack. Tallahassee Police Department have scheduled a 3:00 p.m. Eastern news conference where we will hopefully get the answers to those questions -- Carol.

COSTELLO: All right. We'll check back.

Nick Valencia reporting live from Tallahassee, Florida, this morning.

New fallout for comedian Bill Cosby as rape allegations continue to surface against him one day after NBC and TV Land pulled the plug on the comedian. We're now hearing from Cosby, in his own words, about those scathing accusations. Earlier this month Cosby sat down for an interview with the Associated Press in Washington. At the end of the interview Cosby is asked about the existing sexual assault allegations against him.

He refuses to comment and makes several requests for the footage not to aired. Once the interview is over, Cosby continues to push the matter but the cameras are still rolling.

(BEGIN VIDEO CLIP)

BILL COSBY, COMEDIAN: Now can I get something from you?

UNIDENTIFIED MALE: What's that?

COSBY: That none of that will be shown?

UNIDENTIFIED MALE: I -- I can't promise that myself, but you didn't say anything.

COSBY: I know I didn't say anything, but I'm asking your integrity that, since I didn't want to say anything, but I did answer you in terms of I don't want to say anything, of what value will it have?

(END VIDEO CLIP)

COSTELLO: Now the AP says it decided to air the footage because of the firestorm now surrounding Cosby and because more and more women have spoken out.

So let's talk about this with HLN legal analyst and criminal defense attorney Joey Jackson. We're also joined by psychiatrist Dr. Gail Saltz.

Welcome to both of you.

JOEY JACKSON, HLN LEGAL ANALYST: Thank you, Carol. Good morning.

COSTELLO: Good morning. So, Joey, I guess my first question, Bill Cosby knew these allegations were out there and they had resurfaced, so why was he granting interviews in the first place?

JACKSON: Great question. And that's what his public relations people certainly have to answer. But, you know, what's interesting, Carol, because on the one hand, you know, he has a job to do and certainly he's introducing new material and, you know, his career, he's building upon it, even at 77, but from a legal perspective, this is where the lawyers will tell you to keep your mouth shut so it's a real fine line.

Your lawyers say, Carol, be quiet, don't say a word. Anything you say can be used to harm you later, but your public relations people say get out there, because we have work to do and a future to build and that's the result of it.

COSTELLO: Right. Because he's working on an NBC show and he has something special going on Netflix, both of which have been canceled at the moment.

JACKSON: Exactly. Right.

COSTELLO: So, Dr. Gail, Cosby has often said he doesn't want to dignify these allegations by commenting on them but at some point he begins to look guilty, doesn't he? Even if he's not.

DR. GAIL SALTZ, PSYCHIATRIST: I think what's raising people's suspicions about actual guilt has to do with the number of women that have come out with pretty much exactly the same story, and unfortunately for him that looks very suspicious.

Not saying anything I think is disturbing to people, because there have been so many incidents historically where something has gone on, someone has either not said anything or eventually said it's not true, which has also been said, and then later said well actually it is true.

And what the American public to some degree is more disturbed by than anything is when a lie and a cover-up goes on. You're almost better in this country, right, to tell the truth even if the truth is not a good truth.

COSTELLO: OK. So I want to get back to, you know, the Associated Press, because Bill Cosby said, you know, you weren't supposed to ask me that question but you asked me it anyway so the AP says it did not have an agreement beforehand as to what questions were on and off the table, but Cosby went on to say, quote, "We thought, by the way, because it was AP that it wouldn't be necessary to go over that question. If you will tell your boss the reason why we didn't say that up front is because we thought the AP had the integrity not to ask."

Now I'm a reporter, Joey.

JACKSON: You're going to ask.

COSTELLO: I'm going to ask that question because I would not be showing much integrity if I did not ask that question.

JACKSON: You have a job to do, and that's where it gets back to beforehand, why is he out there doing this particularly when your lawyers say keep your mouth shut? And you really have to. I mean, from a legal perspective we're always advising, Carol, for our clients not to say a word. And these are allegations out there. And to this point, they're allegations, right? Because any allegation needs corroboration.

What does that mean? It means that, you know, can somebody else prove the allegation or could it be disproven? And the fact is, is that they're so old from a legal perspective, right, that it's hard to move forward against him now with statute of limitations and other issues, but we don't know what else may surface and therefore, that's why -- it's wise legally not to say anything from a public relations and psychological perspective might be different. Right.

SALTZ: Psychologically I want to also say that using the word "integrity" is really going to inflame people because, obviously, you know, these women are talking about something that has no integrity involved, and so I think, you know, that was a poor word choice, let's say, to -- be holding people to integrity. I --

JACKSON: Where his own is under question.

COSTELLO: Well -- but let's say --

SALTZ: I think that's exactly right.

COSTELLO: Let's say that Bill Cosby is innocent because he has said he's innocent of all of these charges, these are old accusations. So --

JACKSON: Haven't been substantiated.

COSTELLO: Right. He hasn't been charged with anything legally ever, right? He did settle a civil suit, right?

JACKSON: 2005.

COSTELLO: But that was many years ago. Right. So why doesn't he just sit down and say, look, I don't know why all these women are coming forward, but I didn't do these things, and let me explain.

JACKSON: A simple reason.

COSTELLO: Like what would be wrong with that?

JACKSON: Because here's the point. The lawyers will say listen, tomorrow there'll be something else out there which will get you off of the front pages. And the other thing, Carol, the more you talk about it, the more it

continues to be a story. Now when you analyze it, you know what? Carol Costello asked him a question, his eyes shifted to the left, they shifted to the right. It means he's lying. Psychologically what's he thinking about?

SALTZ: I disagree. I think that people are waiting to hear something like that, and that the -- you know --

JACKSON: And I don't disagree with you.

SALTZ: You can lie by omission.

JACKSON: Right. Yes.

SALTZ: Omission. And that's the problem. I think that people are waiting to hear something like that and I think that if you -- if you come out and you say something very definitively, it is better than not saying something at all, so I --

JACKSON: And Doctor, I completely agree with you from a practical and public relations point of view, but from a legal point of view, Doctor, I say, you know what? Don't say a word.

COSTELLO: He is a pretty good lawyer. Yes.

JACKSON: So.

(LAUGHTER)

COSTELLO: Joey Jackson, Gail Saltz, thanks so much.

Still to come in the NEWSROOM, the president crafting a speech and counting down to the firestorm. We'll look at tonight's announcement on immigration reform and his strong-arm tactics to force it into law.

(COMMERCIAL BREAK)

COSTELLO: Round one packed a monster punch. Well, get ready for round two today. Buffalo, New York, could see another three feet of snow, six feet of snow already on the ground there, the wall of snow knocking on the doors of this house.

In Wisconsin, a Wisconsin town calls itself the snow capital of the world. It also has gotten more than six feet of snow in just the past nine days. Third of what it gets all year long.

CNN meteorologist Jennifer gray has more on the snow misery that's blanketing parts of the country.

(BEGIN VIDEOTAPE)

JENNIFER GRAY, AMS METEOROLOGIST (voice-over): Buffalo's deadly monster storm isn't done yet. The lake-effect storm hammered southern parts of the city Tuesday, dumping nearly six feet. The region now bracing for round two, expected to bring another two to

three feet of snow by Friday. An entire year's worth of snow in just days.

GOV. ANDREW CUOMO (D), NEW YORK: This snowfall may break all sorts of records.

GRAY: The city in a state of emergency and residents struggling to dig out from under walls of snow.

KAROLL MARKIEWICZ, BUFFALO RESIDENT: It's too much. It's just really a lot of snow here. And it's hard to -- we're closed in here, not an open area, where we can fling the snow everywhere.

GRAY: Trapped inside his West Seneca, James Grimaldi used an aerial drone to escape his snow-covered garage. Capturing this video of an avalanche of snow left behind.

Driving bans in effect as major roadways through the area remain at a standstill, after stranded drivers were forced to abandon their snow- buried cars and trucks.

Officials say it could be days before the highways are cleared and are warning residents to be careful.

MAYOR BYRON BROWN, BUFFALO, NEW YORK: Stay home if you do have do go out, please exercise caucus.

GRAY: In the hardest-hit areas where snow is too deep for plows, crews have had to bring in front-end loaders and dump trucks to haul the snow out.

The National Guard out in full force to help clear the streets. While EMS and firefighters are depending on volunteers with snowmobiles or venturing out on foot to rescue those stranded and in need.

The storm now claiming seven lives, some from cardiac arrest shoveling, others simply trapped in the cold.

(END VIDEOTAPE)

GRAY: And we're back live in buffalo where the trucks are lining up behind me. They are continuing to haul off the snow. Some haven't slept in 36 hours, just taking the snow off non-stop.

Also, Governor Cuomo expected to take a tour later this afternoon to see some of the hardest-hit areas. The biggest threat now is additional snow is added on, the weight on top of the roofs collapsing and also carbon monoxide poisoning.

And, Carol, even the bills are making a cry for help asking for volunteers to come shovel 220,000 tons of snow out of their stadium before the Jets game this weekend, and of course, most people can't even get there to help.

So, this is far from over, Carol. COSTELLO: You got that right. Jennifer Gray reporting live from

Buffalo this morning, thank you.

(MUSIC)

COSTELLO: President Obama just hours away from a prime time address and it will be televised but the teaser came online on Facebook. The president will unveil a major overhaul of immigration laws.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: Everybody agrees that our immigration system is broken.

(END VIDEO CLIP)

COSTELLO: The message went on.

Obama will bypass Congress using his executive power. It's a controversial move that could shield more than 3 million illegal immigrants from deportation. "The Wall Street Journal"/NBC poll shows nearly half of Americans do not approve of the president using executive action, and that adds to the public outcry that President Obama is overstepping. That's something he vowed not to do himself when he first ran for president.

(BEGIN VIDEO CLIP)

OBAMA: You know, I taught constitutional law for 10 years. I take the Constitution very seriously. The biggest problems that we're facing right now have to do with George Bush trying to bring more and more power into the executive branch and not go through Congress at all. And that's what I intend to reverse when I'm president of the United States of America.

(END VIDEO CLIP)

COSTELLO: Hmm.

So, let's talk about that, Gloria Browne-Marshall is a constitutional law professor and Clarissa Martinez-De-Castro is part of the National Council of La Raza, the nation's largest Hispanic civil rights and advocacy group.

Welcome to both of you.

UNIDENTIFIED FEMALE: Good morning.

COSTELLO: We'll see you both soon. I know we will, but I can hear you that's good enough for you.

So, Gloria, is President Obama violating the Constitution by putting forth this plan and instituting executive action?

GLORIA BROWNE-MARSHALL, CONSTITUTIONAL LAW PROFESSOR: It depends on the rationale he uses. For example, executive orders, executive power falls within the Constitution, Article Two. So, he has the power to do it but it's the motivational purpose behind the use of the power. If it is to circumvent Congress, which he still can do, but there has to be a reason that's fully within a domestic policy.

For example, he's commander in chief. So, if it has to do with War Powers or something like that. But Congress, clearly, has the power under their article one section eight to control immigration and naturalization.

So, that means that the president has the four control the people who are in the country. Congress has the power to control the way the people come into the country.

COSTELLO: Let's go back to something you initially said, clearly the president is circumventing Congress by issuing this executive order. He said so, "Congress won't act so I'm going to."

BROWNE-MARSHALL: And he can do so as the motivation is within the powers he has as president.

For example, as we've stated before, Congress controls immigration and naturalization. And that's why I think he's skirting the issue what he can do about the people who have come into the country illegally. He can't come up with his own immigration program but he can come up with a program that deals with national security.

So, if this immigration problem is touching on national security, he can use his executive power to do something about it. If that's the way he's describing it.

COSTELLO: Interesting.

So, Clarissa, this is what Senator Ted Cruz wrote on "Politico" this morning, "A monarch, however, does not compromise, as Alexander Hamilton explains in Federalist 69, a monarch decrees, dictates, and rules through fiat power, which is what President Obama is attempting to do. Congress, representing the voice of the people, should use every tool available to prevent the president from subverting the rule of law."

Clarissa, the president has not even made his announcement and already there's anger growing. Won't this just galvanize the opposition?

CLARISSA MARTINEZ-DE-CASTRO, DEPUTY V.P. NATIONAL COUNCIL OF LA RAZA: Here's what I find interesting about Senator Ted Cruz's statement. He's talking about adhering by the voices of the people, yet in the last two years, first of all, he didn't vote for the Senate bill, which Republicans and Democrats approved in 2013, even though polls showed that whether Republican or Democrat, the vast majority of the American public supported the immigration reform legislation, making its way through congress, and it was Republicans in the house that blocked it.

So, the president is not skipping ahead engaging Congress. I think we've gotten to the point where Congress squandered the best opportunity our country has ever had for immigration reform, and while he cannot do legislation, this would be a temporary program. It does not grant green cards or citizenship or anything like that.

I can assure you that, tonight, we are hoping that he goes bold, because millions of American families are looking for some relief due to congressional continued inaction led by Republican leadership.

COSTELLO: And, Gloria, Clarissa has a point, because reportedly, the president will not grant illegal immigrants health benefits under Obamacare, and they'll not qualify for welfare.

So, does that help with the constitutional questions that Republicans have?

BROWNE-MARSHALL: Looking at it like the Emancipation Proclamation. President Lincoln decided this was necessary for domestic security. He decided this was necessary to bring the Union back together.

But here's what we're looking at. If the president decides he's not going to allow welfare benefits and other benefits but anyone in the country who is poor can apply for welfare benefits. So, now, he's not only tripping over Congress regarding those domestic issues that Congress controls, for example, in immigration, he's also tripping over the states, because the states control welfare benefits and other kinds of things.

So, I think he's kind of in a conundrum. He's trying to figure this out. I do believe he has executive power to do certain things, but we'll see tonight whether or not what he chooses to do with that power is in line with what he's allowed to do with that power and this last point I have to make, even though the Republicans have said he's this dictator and all of this.

COSTELLO: Emperor.

BROWNE-MARSHALL: An emperor.

But he has used his executive power less often than many other presidents.

COSTELLO: OK, so, Clarissa, I wanted to ask you something, because you sound like you support what the president is doing now, and I ask you that because activist groups like yours had given up on President Obama. In fact, La Raza called him the deporter in chief.

Do you still feel that way?

MARTINEZ-DE-GUZMAN: We don't give up on the president and don't give up on Congress.

Our job is to press elected officials for a government that reflects all Americans so we called it like we saw it, the records show that the president deported more people than any previous president, even though Republicans continue saying he's not enforcing the law.

The problem at the end of the day is this is not a fight between Republicans and the president. For those who say they're going to fight the president tooth and nail on this, who they are fighting is millions of American families who need some relief and all these years living with the possibility of losing a parent or a child as a result of the broken immigration system. This is not political gamesmanship. This is about real people.

So, we welcome the president's action and we think that his action actually will have the effect of pushing Republicans in Congress to do something, but because historical precedence shows that all the presidents have taken administrative action on immigration before him, Republican and Democrat, it has normally led to Congress finally doing something.

COSTELLO: Well, we'll see what happens later today.

Clarissa Martinez-De-Castro, Gloria Browne-Marshall, thanks so both of you. I appreciate it.

And be sure to join us tonight at 8:00 Eastern for live coverage of the president's live primetime address.

I'm back in a minute.

(COMMERCIAL BREAK)