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Al Qaeda Storms a Prison in Yemen; Indiana Law Change; Iraqi Troops Take Back Tikrit; Final Four in Indianapolis; Germanwings Black Box Found. Aired 9:30-10a ET

Aired April 02, 2015 - 09:30   ET

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

NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT: Hi Carol. Well, an estimated 270 al Qaeda prisoners, among them, a senior al Qaeda leader in Yemen who's been in prison for about four years, were sprung from jail by al Qaeda operatives from the southern town of Mukallah.

[09:30:13] This is a coastal town. It is a strong -- it is a town that is perhaps the stronghold of the southern separatist movement who are fighting on the side of the ousted president, President Hadi. So what we're seeing is by al Qaeda breaking their comrades out of jail, it appears that they're really taking advantage of the breakdown of security in the country at the moment.

We're also getting those same reports that the president's compound, president's had his compound in the southern port city of Aiden. This is the last presidential compound he was living in before he fled the country a few days ago, has reportedly been overrun by Houthi rebels. It is -- in of itself not tactically significant. However, it also is in an area that is a stronghold of the southern separatists who were on President Hadi's side in this fight and on the side of the Saudi forces. What we are seeing is increased fighting and violence in the port city of Aiden and the effects of the growing instability across the country that al Qaeda is exploiting right now, Carol.

CAROL COSTELLO, CNN ANCHOR: And all of this is happening, Nic, as Saudi Arabia says it's pushing Houthi forces back. So is that not true?

ROBERTSON: They're making gains in some places. In the east of the country, they've made gains. They've essentially overrun and collapsed, squelched as the Saudi government military spokesman said last night, part of the former Yemeni army that's loyal to the Houthis, loyal to the former president. They've been defeated in some places, but there are many, many fronts to this fight. One of the key places that the Houthis are taking to take over at the moment is that port city of Aiden. And that's where we've seen an increase in fighting there. Special forces loyal to the Houthis, loyal to the former president here, landed in a part of Aiden where there hadn't been fighting until now and have taken their fight into the heart of the old city. This is an important area. So the instability in Aiden itself is becoming -- is becoming worse and, of course, this is a town that -- this is a town that the Saudi air force is trying to keep in the hands of the southern separatists, in the hands of the pro-Hadi internationally recognized government, Carol. COSTELLO: Nic Robertson reporting live from Saudi Arabia this morning.

Thank you.

Here at home, New Jersey Senator Robert Menendez expected in federal court to face federal corruption charges. Wednesday's indictment alleges Menendez accepted gift and campaign donation of almost $1 million in exchange for political favors. The senator says prosecutors don't know the difference between friendship and corruption. He vows to stay in office.

So let's head to our justice reporter, Evan Perez. He's in Newark, New Jersey, this morning with more.

Good morning.

Evan, can you hear me? I don't think Evan can hear me. I don't think Evan can -- we're going to go back to Newark when we get those technical issues -- when we get those technical issues taken care of.

In other news this morning, all eyes are on Indiana and the controversy over the state's new religious freedom law. In just a short time, lawmakers will begin debating changes to the controversial religious freedom bill. If the new language is passed, businesses cannot discriminate or refuse services based on sexual orientation or gender identity. A short time ago Republican lawmakers outlined the goal of the revised language at a news conference.

And in Arkansas, amid heavy backlash, Governor Asa Hutchinson says he will not sign his state's religious freedom bill until changes are made that mirror federal law.

So let's talk about all of that and more with CNN's Miguel Marquez. He's in Indianapolis. Also in Indianapolis, Stephanie Wang. She's a reporter with "The Indianapolis Star." Commentator L.Z. Granderson is here and criminal defense attorney Page Pate.

Miguel, fist to you. Tell us about this addition to this -- to this -- to this law, the fix. What is it?

MIGUEL MARQUEZ, CNN CORRESPONDENT: Yes. I think the question as we went into this was whether the government here, the governor and the legislators who are still meeting in here extraordinarily. This is the house floor of the capital here in Indiana and they had invited all of the press in this room because it's the biggest place that they can hold everybody who is interested. And I can tell you, everybody listening in that room, there are legislators, there are lobbyists, they are listening intently. When I was trying to speak to folks earlier, they would shush me and move me out of the way because they wanted to hear what they were saying in there so intently.

The question of whether or not this was a partial cave or a complete cave, it appears this is the new language. It has been hard fought over. It appears it is a complete cave by the governor and by the conservative members of the house and the Senate here for this reason. For the first time ever in Indiana history, it includes sexual orientation as a protected class in the Religious Freedom Restoration Act. That is something that Indianans have actually fought for to include in the civil charter. That doesn't cover them entirely that way, but it is -- it is a giant step forward. There was very heartfelt testimony or discussion from the head of the Rainbow -- or the gay chamber of commerce in here who is a Republican himself who almost started crying over the fact that they were able to get this language in this bill.

[09:35:27] Carol.

COSTELLO: All right, Miguel Marquez, thanks so much.

I want to read specifically the language that was put into that bill and then I want to address a question to you, Page. It says, "the religious freedom law does not authorize a provider, including businesses or individuals, to refuse to offer or provided services, facilities, goods or public accommodation to any member of the public based on sexual orientation or gender identity. The proposed language or the language that's in this bill right now also exempts churches or other non-profit religious organizations, including affiliated schools, from the definition of provider." So, Page, is Miguel right, was this a complete cave?

PAGE PATE, CRIMINAL DEFENSE ATTORNEY: It was a complete cave. And I think, even more than that, what has happened here is that the supporters of this law, who wanted to allow discrimination, this whole thing has backfired because now Indiana is going to provide more protection for same-sex couples, for sexual orientation, than that state has ever had before. So this fix, if it goes into this law, will not just change this law, but it will start protections in Indiana that they've never had before.

COSTELLO: So, Stephanie, what might conservatives think of the governor now?

Stephanie, can you hear me?

STEPHANIE WANG, REPORTER, "THE INDIANAPOLIS STAR": Yes, I can.

COSTELLO: What might conservatives who are in favor of this law think of Governor Pence now?

WANG: Well, I think you have supporters of the religious freedom law who are concerned about this clarification and whether it waters down the religious freedom law and the religious freedoms that they were hoping to protect. So I think there might be some concerns on this side -- on that side when it comes to this clarification.

COSTELLO: L.Z., as far as the other side is concerned, you heard what Miguel said, one Republican gay rights activist was in tears he was so happy.

L.Z. GRANDERSON, CNN COMMENTATOR: Well, yes. I mean this has been, for the state of Indiana, which, you know, not too long ago had to defeat an attempt to add a ban of same-sex marriage to the state's constitution. This is just finally some form of validation for all the efforts the LGBT groups in that state have been working towards. So it's quite emotional to be able to finally have that language and be recognizable because the people in Indiana have been subjected to, quite frankly, a lot of hostility coming out of the capital.

COSTELLO: And, Page, I mean, let's face it, the law was instituted because conservatives opposed same-sex marriages. Some business owners have said they don't want to bake cakes or cater wedding receptions for same-sex couples. So you're saying this is a complete cave and -- but this won't make those kinds of conservatives happy. So what does this law really do? Why is it necessary at all?

PATE: Well, that's what I think is interesting here. I mean if you back up to the whole intent of this law, it was never to allow discrimination. I mean the law simply allowed someone to raise as a defense if they were forced to do something that went against their religious beliefs. But in almost every case since these laws have been around, and we've had them on the books now for more than 20 years, courts have said that fighting discrimination is a compelling government interest. And doing it by a law that allows public accommodation is the least restrictive means. So I don't think this law would have ever worked the way the supporters wanted it to work in the first place and now they're getting something that, at least in their minds, is much, much worse.

COSTELLO: Stephanie, do you agree?

WANG: I think what's significant here is that what opponents to this law really wanted were state -- was a statewide ban on discrimination based on sexual orientation and gender identity. And this clarification isn't that. This clarification only provides us protections as it relates to this law. So in many parts of Indiana, it's still legal to discriminate against somebody based on sexual orientation or gender identity and you don't need a religious reason to do so.

COSTELLO: L.Z.?

GRANDERSON: Well, Stephanie is absolutely correct. But you have to remember, this bill was signed, not necessarily with Indiana in mind, but with the White House in mind. Governor Pence has been whispered now as a 2016, you know, candidate. He has very close ties to deep pockets and very ultra conservative groups. And so this was sort of his attempt to try to shore up his, you know, street cred with the conservatives, if you will.

[09:40:03] This is part of the reason why Governor Jeb Bush was the first person to come out in support of this bill with Governor Pence because Jeb Bush needs to shore up his street cred among conservatives. So while it's good to see that this is a good first step for the state of Indiana, keep in mind that this whole move was really motivated, at least in my perspective from the governor's office, was about 2016, not necessarily the people of Indiana.

COSTELLO: But it puts them in a tough spot, L.Z., right, because businesses came out in force against this proposal. Made no bones about it, they just said it was wrong. And I'm talking about businesses, sports franchises, including Nascar. GRANDERSON: Yes, no doubt about it. He was blindsided by the amount of

attention and the backlash that came his way. I'm sure he thought that he would sign this bill and not much of it would -- not much would come of it. That's the only reason why you ignore your state's chamber of commerce saying not to sign this bill beforehand. That's the reason why you ignored the mayor of your largest city who was Republican saying not to sign this bill. There were actually other Republicans within his own legislature that said not to sign this bill, but he did so anyway. So I think he was back -- he was -- he was blindsided by the amount of the reaction that happened nationwide and he's been trying to figure out a way to keep his ultra conservatives somewhat appeased while not looking as if he's completely unelectable come 2016 in the general election.

COSTELLO: All right, Page Pate, L.Z. Granderson, Stephanie Wang, thanks to all of you. I appreciate it.

I'll be right back.

(COMMERCIAL BREAK)

[09:45:17] Iraqi forces celebrating a major defeat against ISIS. Troops in Tikrit taking back the hometown of Saddam Hussein. But the fight isn't over. Among the many challenges, booby trapped buildings and equipment laced with explosives. CNN is on the ground in Tikrit as forces worked to clear the cities free from the terror group.

Here's CNN's Arwa Damon with an exclusive look at what the Iraqis face as they set their sights on Mosul.

(BEGIN VIDEOTAPE)

ARWA DAMON, CNN INTERNATIONAL CORRESPONDENT (voice-over): The smoke hangs thick over parts of the city we drive through. It's the smoldering of buildings, some people's homes. Rigged with IEDs, we're told, Iraqi forces couldn't disable so they say they had to detonate. The city, a web of potential threats left behind.

(on camera): The building there, they had put explosives into the staircase that detonated when one of their commanders went in.

(voice-over): He was trying to take down the ISIS flag and raise the Iraqi one. He was killed along with one other. Elsewhere, roads still need to be cleared.

(on camera): That vehicle right there had a heavy machine gun on it that was being used by ISIS. We're not able to advance beyond it in this particular direction because even though they say there's no threat up there posed by ISIS fighters, there is still the possibility of the road, the buildings being filled with various different types of bombs.

(voice-over): One they diffused nearby.

(MAN SPEAKING FOREIGN LANGUAGE) DAMON (on camera): This is some of the IEDs that they found lying around. This was a bulldozer lying on its side that they found filled with barrels that were all packed with explosives.

(voice-over): Saddam Hussein's presidential compound where ISIS was at its strongest, a charred body, we're told, of one of their fighters. The palaces today more damaged than they were during the U.S.-led invasion. Somewhere within the sprawling complex lie some of the mass graves of Shia recruits. Hundreds, possibly more than 1,000 executed when ISIS first took over Tikrit last June. Under this bridge, one of the killing sites.

(MAN SPEAKING FOREIGN LANGUAGE)

DAMON (voice-over): There aren't many left here, Colonel (INAUDIBLE) with the federal police explains.

(on camera): So this is how they're spying on the ISIS fighters. They've set the radio to their frequency.

(voice-over): Next to us, a building hit in a recent coalition airstrike. The police force has been asked to return to work, he says, and there will be a temporary force to support the local police. The force that moved into this predominantly Sunni city, a combination of Iraqi security forces and the popular mobilization units, the PMUs, mostly made up of Iranian-backed Shia militias and volunteers. Gunfire still reverberates, some from pockets where ISIS is still holding out, much of it celebratory. Severed head in hand, one PMU fighter cries out.

(MAN SPEAKING FOREIGN LANGUAGE)

DAMON (voice-over): "This is one of the ISIS rats. These are not Muslims. Let them see what we did to them. We are coming to get them in Mosul."

The hands are bound on the headless body on the pavement. The man had been detained and then shot and decapitated. The crowd breaks out into a celebratory dance. Iraqi security forces tell us the PMU fighters cannot all be controlled, something the city's population fears when they return to the lives they left behind.

Arwa Damon, CNN, Tikrit, Iraq.

(END VIDEOTAPE)

COSTELLO: All right. Our CNN crew in Dusseldorf, Germany, has been advised the German prosecutor's office will be making a statement around 10:00 Eastern time. That's about ten minutes from now. We're expecting some kind of announcement. When the German prosecutor takes to the mikes, we'll take it live for you.

[09:49:08] I'll be back with more in the NEWSROOM.

(COMMERCIAL BREAK) COSTELLO: This weekend in Indianapolis, huge for college basketball fans with Duke and Michigan and Kentucky and Wisconsin squaring off in the Final Four. The head coaches of those teams have released a joint statement, by the way, slamming Indiana's religious freedom law.

"Each of us strongly supports the positions of the NCAA and our respective institutions that discrimination of any kind should not be tolerated."

Today, they'll be talking basketball with CNN's Rachel Nichols. She joins us on the phone from Indianapolis. What do you have, Rachel?

RACHEL NICHOLS, CNN SPORTS CORRESPONDENT (on the phone): Just walked out of an interview, Carol, with coach Mike Krzyzewski from Duke and he reiterated that same idea, that statement you just read, that any discrimination or window to discrimination is an issue for him. We also just talked about the way sports and the attention of an event like this Final Four can force social change. Coach K brought up how basketball as a sport has been at the forefront of a lot of that from racial integration on the court, in front offices and coaching, Jason Collins being the first openly gay male athlete in any of the four major American sports. I know it caught the attention of a lot of people. I think even on your show, Carol, earlier this week when coach Krzyzewski declined to comment on this whole issue. He made a point, and that day he had gotten in from a basketball road trip at 2 a.m. the night before, didn't really want to say anything until he had read the law, which he hadn't done yet. But he's definitely speaking out on it now.

COSTELLO: Well, that's a good thing. I know the NCAA just sent over a press conference and I'm trying to find it. But you know that Indiana applied a fix to this law, it put language into the bill that prevents discrimination of any kind against gay and lesbian people, so the NCAA sent out a press release just a short time ago, moments ago, Rachel, praising Indiana lawmakers for making that change.

NICHOLS: Yeah. And I think it's a good example, again, how sports is a window into how we see things in this society and also, to force social change. I don't think it's a coincidence that that amendment was made on the day that all of these teams are here to begin to kickoff the Final Four. This is a huge event in our country, huge spotlight on Indiana and the fact that they were able to come together and make an amendment to this speaks to the power of sports.

COSTELLO: Rachel Nichols, thanks so much. I appreciate it. This Saturday at 2:30 Eastern, you can catch a CNN Bleacher Report special All Access at the Final Four. Rachel will take you right into the heart of the Final Four just hour before tip-off with a behind-the- scenes look at the games, the personalities, and the celebration that extends beyond the court.

From college hoops to the pros, the NBA play-offs are about two weeks away. Andy Scholes joins me now. Good morning, Andy.

ANDY SCHOLES, BLEACHER REPORT: Good morning, Carol. With the play- offs right around the corner, the big question on a lot of fans' minds still is who is going to win that MVP award this year? No doubt, LeBron is the best player in the NBA every year. But it looks like someone else is actually going to win the MVP award this year for a second time in a row that's not named LeBron. The Warriors' Steph Curry, Thunders' Russell Westbrook and the Rockets' James Harden. Right now, really just neck and neck in the fight for this award.

Harden making a big statement last night against the Kings that he should be the MVP. The Beard is absolutely on fire. He made eight of his nine three-point attempts on his way to a career high 51 points. The second time in two weeks that Harden's scored 50 or more. Rockets beat the Kings 115-111.

Elsewhere in the NBA last night, Blazers and Clippers squaring off in what could be a preview of a first round matchup, I think. A little chippy in the third quarter, Chris Kaman flat out shoves Chris Paul in the back. The two teams almost come to blows. Paul would get the last laugh in this one. He scored 41 points, 17 assists, the Clippers went on to beat the Blazers, 126 to 122.

We've got more NBA action coming your way tonight on our sister network TNT. It all starts with LeBron playing his old mates on the Miami Heat.

[09:55:01] That tips-off at 8:00 Eastern. That game followed by Warriors hosting the Suns.

Carol, another exciting night of NBA basketball coming your way if you want to get ready for all the Final Four games this weekend.

COSTELLO: I can't wait. Andy Scholes, thanks so much. I appreciate it. The next hour of CNN NEWSROOM after a break.

(COMMERCIAL BREAK)

COSTELLO: Good morning. I'm Carol Costello. I'd like to welcome our viewers in the United States and around the world. Thank you so much for joining me. We do have breaking news on the crash of Germanwings Flight 9525. Minutes ago, a French prosecutor told CNN that the second black box has been found. We are expecting to hear from the German prosecutor at any moment now.

So let's head immediately to CNN's Will Ripley. He's in Haltern, Germany, with more. Hi, Will.

WILL RIPLEY, CNN INTERNATIONAL CORRESPONDENT: Hey, Carol. Yeah, that breaking information just coming in. If you look behind me, you can see that the German prosecutor, outside of the office here, has gathered. They are going to be speaking to reporters. We have a camera over there and we will bring you those breaking details at any moment. But we have now confirmed, moments ago, that the second black box, the flight data recorder for Germanwings Flight 9525, has been recovered.

This is important, Carol, because this will answer crucial technical questions in this investigation. The transcript of the cockpit voice recorder was leaked earlier. The flight data recorder will help investigators know exactly what was going on technically with the plane at the time of the crash.

[10:00:04] It will help them, for one, rule out that there was any sort of technical issue with the aircraft. And it will also perhaps confirm their suspicion that Andreas Lubitz may have been manually flying the aircraft towards the French Alps in those final moments.