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Militants Fire on Base with U.S. Troops; FBI Starts Investigation into North Carolina Shooting; Obama Teams Up with BuzzFeed to Push Healthcare; Judge Rules Against Hernandez Defense

Aired February 13, 2015 - 10:00   ET

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

CAROL COSTELLO, CNN ANCHOR: CNN's Phil Black is also in northern Iraq, not far from the fighting. He has more for you.

PHIL BLACK, CNN CORRESPONDENT: At this location the west of Iraq, al- Baghdadi, there's been fierce fighting there over the last 24 hours. And what we're now hearing from Iraqi officials is that the entire town is now under the control of ISIS. It is yet another piece of land that they have grabbed. It would seem successfully in a region where they have maintained considerable military momentum against the Iraqi army and local Sunni tribes.

Concerning, because it is so close to the Iraqi capital, but when it comes to this particular town, it's just also ten miles from the al- Asad airbase, which is where hundreds of U.S. military personnel are involved with training the Iraqi military. The Iraqi army. *

PHIL BLACK, CNN INTERNATIONAL CORRESPONDENT: Are involved with training the Iraqi military. The Iraqi army. What we are now hearing is even more concerning this morning from Iraqi officials and that is that not only have they taken the town of al-Baghdadi but they are moving towards the al-Assad Air Base. These are ISIS forces. And Iraqi officials say that ISIS has sent at least eight suicide bombers in that direction towards the air base.

They say so far they have killed that number, eight. So it is clearly still very much a fluid situation. But one where that base is under it would seem some degree of threat. U.S. military said that it has often consistently come under mortar and rocket fire, nothing serious, nothing damaging. This could be very different.

We can hear the gunfire in the distance. We've also seen at least one likely airstrike today. Seen two fast moving aircraft overhead. But as I say, the grip that ISIS has on this town is still very firm. It shows that for all the progress that has been made against ISIS in this region, the Kurdish fighters from around here have really rolled back, thousands, 5,000 square miles they estimate, a territory that ISIS once held.

ISIS still holds key pieces of real estate here. The town of Sinjar behind me, the town of Tal Afar, and of course that major city of Mosul.

CAROL COSTELLO, CNN ANCHOR: All right. Phil Black filing that report from northern Iraq.

Let's talk more about this with CNN chief national correspondent Jim Sciutto. I'm also joined by CNN military analyst, Lieutenant General Mark Hertling.

Welcome to both of you.

JIM SCIUTTO, CNN CHIEF NATIONAL SECURITY CORRESPONDENT: Good morning, Carol.

COSTELLO: Good morning. Jim, I want to go to you first. All week you've been talking about ISIS and their movements in Syria and Iraq. This probably doesn't come as much as a surprise to you.

SCIUTTO: Well, but it is significant, I would say. There's been a lot of talk about ISIS' momentum having been stopped in a lot of areas in the country, that is true, but ISIS showing here that they could still carry on offensive attacks. They've taken this town of al- Baghdadi, which is very close to the al-Assad Air Base. And now they've made an attempt on that base.

Now the U.S. military says that Iraqi forces killed the eight suicide bombers that Phil Black referred to with the help of U.S. surveillance and aircraft, likely drones, and that at no time were those U.S. forces there under threat. They were a number of kilometers away from where the particular attack took place. It's a huge air base, Carol. So that is possible.

But listen. You have a ISIS town, a town under ISIS control just a few miles from that base as you can see on the map there. You have to imagine they're going to make further attempts on that base, and while those U.S. forces there do not have a combat role, they're coming closer and closer to combat. You know, which puts them in greater danger certainly than they were before.

COSTELLO: And this is a huge air base, right, General? I know you've been there several times. And it's heavily fortified. Tell us about it.

LT. GEN. MARK HERTLING, CNN MILITARY ANALYST: Well, it is a very big air base. Al-Assad had both U.S. Army and U.S. Marines aviation assets there. It's over a sprawling complex, Carol. It has a very fine defensive perimeter. But in this particular case what concerns me the most is the potential use of suicide attacks.

I don't think those are going to get into the base because where the Americans are, are far away from the base entries and there are certainly defenses there. And I also think that having an ISIS force going across the land that would lead up to the base would provide some very lucrative targets for U.S. airpower.

But I think this is an attempt by ISIS to regain the narrative. There has been much talk about them losing momentum lately. And this is to get them back in the news. But the secondary thing, and Jim mentioned this in an earlier report, is to take the focus away from Mosul. They are under siege in Mosul preparing for an attack in both that large city and also the smaller sister city of Tal Afar which is just a few kilometers away from Mosul.

So they are trying to draw attention away from potential Iraqi Security Force reengagement in the --

COSTELLO: Right.

HERTLING: In the major cities.

COSTELLO: Right. Right. But still, Jim, the U.S. did call for reinforcements, right?

SCIUTTO: What, reinforcements in al-Assad? To my knowledge, no. I think Mark is right because ISIS is so conscious of their public profile, how they're being covered, what we're talking about, frankly, when it comes to ISIS. That said, this shows that they can carry out significant military operations even under the pressure of the U.S. led air campaign to take this town of al-Baghdadi.

It's not a big town but it is a strategically located town, very close to that al-Assad Air Base. And here's the thing. That's not the only place outside of Baghdad and Irbil, the relative safety of Baghdad and Irbil where U.S. military advisers are going to be. The Pentagon has a plan to put them in a number of bases as they train Iraqi forces and there's even talk of putting them on the front lines of an assault on Mosul.

So you're going to have, you know, more instances like this where even though they're not combat troops, they are closer to the combat and no matter how you slice it, that raises the danger level for them.

COSTELLO: Right. Iraqi forces called for reinforcements. So I just want to be clear about that for our audience.

SCIUTTO: Right.

COSTELLO: General, I want to ask you this. Is there -- you know, we hear about the ineptitude of Iraqi forces and I know that they're being trained by U.S. Marines right now. But, you know, the American people might be a little concerned about that.

Is there a chance that the U.S. Marines inside that air base will have to engage with ISIS fighters?

HERTLING: There certainly could be a chance, Carol. I wouldn't rule that out. There are a lot of things that happen in combat. I doubt that will happen truthfully. I have serious doubts it will get to that point but Marines and soldiers always have the right of self- defense. And it's not that they're going into combat. But they certainly can defend themselves and -- if it came to that, and I don't think it will, they will defend with their Iraqi brothers.

But what I'll say is I think that there have been many people slandering the Iraqi Security Forces. A few years ago I fought with those -- with those men. They are hard fighters when they are well led, when they are paid, and when they feel that government is behind them. So I think we're going to see a regeneration of combat power within

the Iraqi Security Forces. It's going to take time. But these guys are good fighters. I think they've suffered too many insults over the last several months by people who don't understand what happened over the three years between when we left and ISIS took over.

COSTELLO: All right. Enough said.

General Hertling, Jim Sciutto, thanks so much. I appreciate it.

Still to come in the NEWSROOM, a community demanding justice for three young Muslims shot and killed in North Carolina. But was it a hate crime? We'll talk about that next.

(COMMERCIAL BREAK)

COSTELLO: The FBI is now conducting its own investigation into the murder of three Muslims this week inside their North Carolina apartment.

There's also new criticism about the case and it's from the president of Turkey. He thinks President Obama should have spoken out about the murders saying, "If you stay silent when faced with an incident like this and don't make a statement, the world will stay silent toward you."

Across North Carolina and across the country, many are asking the same question. Is this a hate crime?

Jean Casarez is live in Chapel Hill this morning with more.

Good morning.

JEAN CASAREZ, CNN CORRESPONDENT: Good morning, Carol. You know, the Muslim advocates sent out a press release today and with it was attached a letter of 150 civil rights and faith-based groups around this country asking the U.S. attorney general to have a vigorous and full investigation on whether this was a hate crime.

They say that the U.S. attorney general should show he cares about all groups and they are asking that he actually hold a press conference to announce this investigation.

Meanwhile around the country last night, there were vigils all over to honor Deah, Yusor and Razan. One of the largest was at North Carolina State University, that was the undergraduate college of all three victims.

(BEGIN VIDEOTAPE)

CASAREZ (voice-over): Overnight hundreds uniting in continued grief and anger across North Carolina.

UNIDENTIFIED FEMALE: These three people, as young as they were, were a source of inspiration, warmth and light for our community. CASAREZ: Mourning the murder of three Muslim students, Razan Abu-

Salha, sister Yusor Abu-Salha, and Deah Barakat, all shot and killed execution style, police say, alleged by their 40-year-old neighbor, Craig Hicks.

Family and friends believe that three scholars and philanthropists were targeted because of their Muslim identity.

At the funeral Thursday --

MOHAMMAD ABU-SALHA, VICTIMS' FATHER: This has hate crime written all over it.

CASAREZ: The father of both female victims called for justice.

ABU-SALHA: We don't want revenge. We don't care about punishment. We care about acknowledging this the way it is and protecting every other child.

CASAREZ: As thousands in attendance knelt down in prayer, Chapel Hill Police were going door-to-door talking to neighbors.

UNIDENTIFIED MALE: We are just canvassing. And that's all we're doing at the moment.

CASAREZ: According to a preliminary investigation, police say Hicks shot the students over an ongoing parking dispute at their apartment complex. Neighbor's reaction, mixed.

UNIDENTIFIED MALE: I've been a homeowner here for 15 years. Not at one point has there been an issue with parking.

UNIDENTIFIED FEMALE: When it came to parking, he was pretty adamant about no new people, no new cars.

CASAREZ: A law enforcement source tells CNN Hicks told police he went into a rage after he saw a car belonging to one of the victims parked in what he claimed was his spot.

(END VIDEOTAPE)

CASAREZ: And, Carol, we want to show everybody. This is the local newspaper today that was on the doorsteps of everyone in this community, at newsstands all over the area. As you can see, they were loved. And that's a sentiment here in North Carolina and around the country.

But one more thing, the FBI last night while these vigils were being held announced that they would have be a preliminary investigation on whether this in fact was a hate crime. Many people are saying there needs to be more than a preliminary investigation. They want a full force investigation but others say this was all about a parking spot. It had nothing to do with hatred at all -- Carol.

COSTELLO: All right. Jean Casarez reporting live for us from North Carolina. And as Jean said, just because the community wants a hate crime

investigation, it doesn't mean the murders were a hate crime.

Legal analyst Mark O'Mara just wrote an op-ed on CNN.com, he writes, quote, "Initial reports and it's early so we know little, they reveal not much more than an alleged Facebook post that could possibly be interpreted as hateful against Muslims. It's very subjective and it barely qualifies under one of the FBI's 14 points for establishing objective evidence of a hate crime. It's not enough to make a case. Certainly not a case strong enough to withstand the scrutiny of a good defense attorney."

Mark joins me now.

Good morning.

MARK O'MARA, CNN LEGAL ANALYST: Hey, Carol.

COSTELLO: Should there be a hate crime investigation at all?

O'MARA: Well, first of all, my sympathies of course with the families and their loss and the whole Muslim community that are going through their loss.

A hate crime investigation, yes, absolutely. The issue is whether or not there is enough there for hate crime. Let's remember he's going to be indicted for three counts of first-degree premeditated murder. That act is full of hatred. The idea of planning to and then committing a crime of premeditated murder. So it's not a question of, did he have hatred in his heart. The question is, was it specific to them and those victims as part of the Muslim community.

And for that it's a very difficult and legal analysis. I don't mean to be insensitive to the laws but when we do a legal analysis and look at whether or not he had hate in his heart for that particular community, we have to look at his history. We can't look inside his heart. He hasn't given statements. But if we look at his history, his Facebook postings, social media postings, groups of hate -- hate groups he may have belonged to, what his neighbors say about him.

It is from those sources that we're going to find out whether or not there's enough to show a hate crime. And remember, hate crimes are there to enhance a crime. You don't get much more serious than first- degree premeditated murder. He's looking at a death sentence or at least a life sentence. So hate crimes are there to take a crime and enhance it if it's focused on a particular community.

COSTELLO: So -- just so people understand, so hate itself is not a crime. So legally when does hate cross the line and become illegal?

O'MARA: When you act against somebody and the focus on them, whether it's race, in this case religion or ethnicity, if that is a purpose in your crime, then we, as a community, have said we're going to raise that level of crime. A second-degree felony becomes a first-degree felony. Sentencing gets enhanced because you use hate. Like I said, obviously, hatred exists in any murder case. But if it's

focused on a community, on a particularly protected class, then we say it is that much more serious an event.

COSTELLO: Mark O'Mara, many thanks to you. I appreciate it.

And if you want to read more of Mark's op-ed, CNN.com/opinion.

Thanks, Mark.

Still to come in the NEWSROOM, the phrase YOLO may have been made famous by rapper Drake but now it's getting a bit of a remix, courtesy of the president of the United States.

(COMMERCIAL BREAK)

COSTELLO: With the latest Obamacare deadline just days away, the White House is in an all-out push to boost enrollment and it's turning to BuzzFeed for help. The online site best known for quizzes and viral videos is teaming up with the president to get the word out.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Prune. Prune.

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: The deadline for signing up for -- the deadline for signing up for health insurance is February --

UNIDENTIFIED MALE: Like any other Wednesday.

OBAMA: That's not right.

UNIDENTIFIED MALE: Wednesday.

OBAMA: Man.

UNIDENTIFIED MALE: Wednesday.

OBAMA: February 15th. February 15th.

(END VIDEO CLIP)

COSTELLO: OK. So you get the idea. The president acting silly and trying to push people to the Obamacare Web site, right, by the February deadline. The video reminiscent of the president's appearance on the Web show "Between Two Ferns," which the White House claims sparked a 40 percent surge in traffic to the Obamacare Web site.

But as you might expect, this latest video Sunday is under a large amount of criticism from many factions within our country. So I want to bring in our digital correspondent Chris Moody to talk about this. And before we get into whether the president should have done this or shouldn't have done this.

Come on. The "Between the Two Ferns" interview, that was silly, too, but it was actually successful, right?

CHRIS MOODY, CNN SENIOR DIGITAL CORRESPONDENT: Carol, first, let me try my President Obama impression and just take my own selfie here on air.

Now that we've done that and I feel very presidential, look, first of all, with BuzzFeed, before they did this interview -- or before they did this video, they did a very serious interview with their editor Ben Smith with the president of the United States, and asked some incredibly tough questions of the president and they've also invested a lot of money in news here in Washington and abroad.

Now for the president to do this, he needs to reach an audience of young people to sign up to make Obamacare work and young people are online. They're on social media. And they're on their phone. And so President Obama is going where they're going.

Now early on in this process he tried to make himself the chief salesman of this policy to try to get people to sign up. He thought he would be the best face. So why not go where the people are and why not go where the people who need to sign up are especially, and that's online.

COSTELLO: And let's face it, Obamacare is kind of under attack these days. There are certain factions who are trying to kill the entire thing. So this is sort of his way to fight back perhaps.

MOODY: Well, of course, now presidents have been going on different types of media for decades for a long time. And the media landscape has completely changed just in the past couple of years.

Now President Obama did an interview believe with Vox.com where he talked about encouraging future presidents to engage in other types of media. You don't have to just go on "60 Minutes" or another program on television. There's a lot of different avenues that they have and I think President Obama is really breaking some ground in engaging with those media.

COSTELLO: OK. So a lot of people are saying this is not remotely presidential. It makes the president of the United States look silly at a time where serious stuff is going on in the world. And I think that's valid criticism, although I will say that those same critics perhaps who are running for president will try this very thing to get younger voters to engage. Want to bet?

MOODY: They're going to have to. I mean, look, you can say President Obama looks silly. Of course he did. But that was the idea. The idea was to make a shareable video. So it's the hook. You say, here's President Obama winking into a selfie stick. Oh, and by the way, the message for Obamacare and the signup date is right at the end of the video. And he understands the media landscape.

You can say he looks silly but you can also say that he looks human as well. And you know what, it's a side of public officials we don't get to see a lot and, you know, honestly I welcome it.

(LAUGHTER)

COSTELLO: No, I'm just -- I'm just thinking back to all of those strange things that politicians do to make themselves look human when they're running for office like everybody goes hunting. Everybody hunts. They kind of drink a beer. And you can tell they really don't drink beer. Remember when President Obama went bowling and he doesn't bowl. At least he looked real in this thing.

MOODY: Yes. Well, I guess you're saying he's had some practice with the selfies. He did seem to enjoy drinking the beer on St. Patrick's Day. But you're right, there's a little bit of a fake manufacturing that goes on with all this. That's why I think it's important to find what politicians actually do and enjoy in real life and then politicians, I think, should really show that side of themselves if they're game for it.

COSTELLO: I think you're going to convince some people but not everyone.

MOODY: Maybe not everyone.

COSTELLO: No, I don't think so.

Chris Moody, many thanks. I appreciate it.

Still to come in the NEWSROOM, a judge issues a big ruling in the murder trial of a former NFL star. We'll see about the latest battle lost by the Aaron Hernandez legal team.

(COMMERCIAL BREAK)

COSTELLO: Good morning. I'm Carol Costello. Thank you so much for joining me.

A new development just in from the Aaron Hernandez murder trial. The judge has ruled against his defense team saying jurors do have the right to see video of the former NFL star breakdown his cell phone after the killing.

CNN's Alexandra Field is covering the trial in Fall River, Massachusetts.

So, Alexandra, walk us through this. Why is this so significant?

ALEXANDRA FIELD, CNN CORRESPONDENT: Hey, Carol. This is pretty key for the prosecution. This is video that they really want the jury to see. The defense have tried to block that. But today the judge said that there's really no reason that the jury cannot see this video.

Here's what the video shows according to the prosecution. We will see Aaron Hernandez in a parked car in the parking lot of the North Attleboro Police Station just a couple of days after Odin Lloyd was killed. They say that in this surveillance video which was recorded by a camera attached to the police station, Aaron Hernandez breaks apart his cell phone into three pieces. The jury will then also see video of him reassembling that cell phone,

it seems, to retrieve a number and then using a different phone. The prosecution says that he's using that other phone to call co-venture Earnest Wallace.

Now here's the caveat in all of this. The judge says that the jury will see two parts of the video. One where Aaron Hernandez breaks down the cell phone and puts it back together.