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Clinton Will Skip State Fair Soapbox Speech; Clinton Jokes About Disappearing Snapchat Messages; Clinton: Email Controversy "Usual" Partisan Politics; Michigan Legislators Accused Of Covering Up Affair; Witness Credibility Questioned In Alleged Hazing Case; Report: Death Toll Rises To 105, At Least 700 Injured. Aired 12-1p ET

Aired August 15, 2015 - 12:00   ET

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

[12:00:00] FREDERICKA WHITFIELD, CNN ANCHOR: All right. Hello again and thanks so much for joining me. I'm Fredricka Whitfield. Des Moines, Iowa is the center of the political universe today as the 2016 presidential candidates descend on the state fair there.

Let's go live to the fairgrounds where Democratic presidential candidate, Hillary Clinton, is expected to arrive just minutes away we understand, somewhere in the horizon even though you see the crowds there building.

And it's understood that she is actually going to answer questions of the press there before she goes around the state fair shaking hands and indulging in all that yummy food that's being offered. CNN's senior Washington correspondent, Jeff Zeleny is there joining me right now on the phone.

So Jeff, kind of describe the feeling in the air there with her Hillary Clinton being just minutes away. What is anticipated once she arrives?

JEFF ZELENY, CNN SENIOR WASHINGTON CORRESPONDENT (via telephone): Well, the Iowa State Fair, as you said, is the center of campaign 2016. Today it's a warm day in temperature and politics. Hillary Clinton is just moments away from come to the state fair to have a press conference.

She will be flanked by former Iowa Senator Tom Harkin, who is a long time Iowa Democrat who gave his endorsement to Secretary Clinton just yesterday. She does not have the stage to herself here at the Iowa State Fair, Fredricka.

As we know, Donald Trump has landed in Des Moines at the airport about 30 minutes ago. He will be making his way to the Iowa State Fair as well. We do not expect their paths to cross necessarily, but it's always possible because every politician, Fredricka, likes to see the Iowa butter cow and grill a pork chop.

It's possible that their paths could cross. Before that Secretary Clinton is going take a few questions from reporters. One thing that she is not going to do is appear on the "Des Moines Register" soap box stage.

What that is, is the traditional spot where most presidential candidates go and get a little stump speech and then take questions from voters.

She is declining to do that as is Donald Trump unlike Jeb Bush that did it and took some questions from the audience and spent four and a half hours at the fair yesterday.

Secretary Clinton's visit will be considerably shorter. We are told she will spend about an hour here at the Iowa State Fair here today -- Fredricka.

WHITFIELD: Is that the difference, Jeff, that it will just be shorter. That she is in front of the microphone there and she'll be fielding questions from the reporters, you know, for a matter of minutes as opposed to the soapbox committed to 20 minutes where, you know, you have a plan on what you want to talk about.

But you still might be darted with questions? How is it the Clinton campaign kind of weigh the differences why this form is more for advantageous for her than being on the soap box?

ZELENY: Well, Fredricka, it's definitely more planned. We have seen this campaign adverse to unscripted moments. They say that this will allow her to spend more on one time with Iowans.

But there is no question, I mean, she is not spending as much time as Jeb Bush did yesterday. Of course, that's not a requirement to spend four hours out here at the Iowa State Fair.

She is being visible and shaking hands and doing the things. It does speak to a larger point that this is a very tightly wound and scripted Hillary Clinton campaign.

We saw her last night at the surf ball room in clear Lake Iowa appearing with a lot of other Democratic candidates and she talked about her e-mail controversy that's hanging over her campaign, and she made a bit of a joke about it.

She talked about Snapchat, the social media app that allows your messages to disappear. Well, some Republicans are seizing on that today saying that she is not taking it seriously enough.

So Fredricka, I expect that as one of the questions that will be asked of Clinton today. She said that this is just politics as usual and all of this is usual. We will see about that.

Talking to voters, they do have concerns about this in terms of her general election viability. It's one of the reasons that people are mentioning the possibility that Vice President Joe Biden could jump into the campaign.

I spent a lot of time yesterday talking to Iowa Democrats at the parties and state fair stand, and several people came up one after another saying that they would like to see more Democratic candidates in the race. We will see if that happens in the next month or so -- Fredricka.

WHITFIELD: And so Jeff, as we are talking it's fun to kind of watch the cattle that's going to be positioned that it's the perfect backdrop to the microphones for Hillary Clinton when she does gets the mic. We understand she's only minutes away.

And you talked about that moment that she had in Clear Lake, Iowa, that Wing Ding event. Let's give folks a chance to listen for themselves how she did make light of messages disappearing. Listen.

(BEGIN VIDEO CLIP)

HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: By the way you may have seen that I recently launched a Snapchat account. I love it. I love it. Those messages disappear all by themselves.

(END VIDEO CLIP)

[12:05:12] WHITFIELD: And Jeff you talked about her preference for something more scripted and intentional and crafted. It was clear by her composure and body language and word choice that it was intentional.

She wanted to be, I don't know, self-deprecating or she wanted to look like she's cool under pressure that she is not melting in the fire. What are her people saying or how are they explaining that moment and why she did it the way that she did it?

ZELENY: Fredricka, I think that all of the above. Certainly trying to look like her campaign is not rattled by this, but there is no question or serious concerns among some Democrat about this and she did just arrived here at the fair. So we will be seeing her momentarily.

But there's no question that she is trying to convince the Democrats that this is just a partisan witch hunt. That is just similar to all of the Clinton controversies in the past that there are some questions about whether this is much more serious.

So it was a moment to joke about it, but the campaign realizes that this is not a joking matter. It's one of the reasons she decided to turn over that private e-mail server to the Justice Department after five months of saying she would not do so.

WHITFIELD: And Jeff, as you're talking, we are seeing people are clapping and we heard that she just arrived there. We do not see Hillary Clinton, but the way that the camera and the cameras are moving and the crowds are applauding. We're about to see her come into view.

Jeff, just to speak to what her camp or sentiment is in today's "Washington Post," it's saying that and I am quoting what they write in "The Washington Post." It was not long ago that Hillary Clinton denied any reports that she sent sensitive information over her private e-mail saying that she was, quote/unquote, "confident." She never sent or received anything classified. At the same time -- never received anything classified at the time that it was sent and received. But after federal intelligence inquiry, her own camp went from nonchalant to nervous.

Now that that's server been turned over, are her people -- there we see the back side of Hillary Clinton talking to people there. Is there a sentiment from her camp that they are indeed worried as "The Washington Post" infers?"

ZELENY: Certainly, Fredricka, only because this is an investigation going on at the same time the campaign is going on. It's something that they cannot control. It's something that will be unfolding as the campaign does. We will see Hillary Clinton walking to the podium here.

WHITFIELD: Now, we see the front side.

ZELENY: Let's take a look at what they do here and she will be coming to the podium in just a few moments.

WHITFIELD: It looks like they want to check out the cattle first. Remember we just saw them circling these two cattle here and I guess a moment to pet and chat with. I guess the real objective here, Jeff, to be in Iowa, to be kind of in this whole some atmosphere and a less stressful environment.

The candidates want to take advantage of this, don't they? With their demeanor and how they talk to people and what they wear and if there's a way that they can look very casual, relaxed and comfortable.

ZELENY: Yes, it's a relaxed Hillary Clinton and Tom Harkin. Let's take a listen.

FORMER SENATOR TOM HARKIN: Good morning everyone. Well, first of all a lot of people always asked me what I have been doing since I retired in January. I have grand kids. I was just telling Hillary that we had grandparents camp this summer -- I got to thinking about the time that I was spending with my grandkids and what their future is going to be like --

WHITFIELD: We're trying to work out this audio for you. There you go. It looks like we have the box working there. Let's listen to Senator Tom Harkin who has been endorsing Hillary Clinton.

HARKIN: -- my mother was an immigrant so I took my grandkids to see where she was born and raised, and I got to thinking this time that I am spending with my grandkids about what their future is going to be like or are they going to have opportunities like I had?

[12:10:05] Well, you know, let's face it. They're going to be OK, my grandkids and Hillary's granddaughter, Charlotte, you know, they're going to be OK. Their parents are college graduates, grandparents, but what about the kids like I was when my mother was an immigrant and my father had a sixth grade education? What about those kids? Are they going to have the same opportunities that in my family had had when we grew up. I have been thinking a lot about that, and that's why I am endorsing Hillary Clinton for the president of the United States.

That committee that defines America and I saw then Senator Clinton off of the quarters of power, away from the cameras, working in committees, subcommittees and always in there fighting, fighting for kids, fighting for families.

Working hard to make sure that those kids that I just described of the immigrants or families that don't have much that they too will have a good future, fighting for universal kindergarten for example and early education and fighting to make sure that families had good paying jobs.

Making sure that we had pay equity to give young women the assurance that when they learn and go to school, they can be a part of the economic structure in America so the more I thought about this, I thought that I like to think that Hillary and I have the same kind of values.

The values of opportunity of making sure that families, that everyone in in America has the opportunity for a good paying job including I might add people with disabilities to make sure that they have those opportunities also.

She has the experience. I am telling you I have watched her work in the Senate. I know how she can reach across the aisle and work with Republicans, I saw her do that, to get things done in the Senate. We need more of that in Washington.

Not this bitter fighting back and forth. Yes, we have the differences. I dare say Senator Clinton at that time had differences, but we worked together and got things done. Good legislation through and so I see that and the ability that she has.

Lastly, she is a fighter. She is a fighter for her families, our kids, to make sure that we have a good future for those other Tom Harkins that are running around some place whose parents do not have very much, but who have dreams and want to be a part of America and America's future.

That's why I am supporting Hillary Clinton for president. She has the experience. She has the values. She knows how to fight, and she knows how to work with other people to get the job done, and that's what we need in the White House the next eight years.

And I am proud to reintroduce again to all of you my great friend of almost 25 years and former colleague, a great secretary of the state and the next president of the United States, Hillary Clinton.

HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: Well, I am deeply honored to have Tom support and his endorsement. There isn't anybody that's fought harder or more successfully for people who deserve a champion than Tom Harkin. I not only believe that his years of service on behalf of Iowa and our country made life better for many millions and millions of our fellow citizens particularly and not only people with disabilities.

But that his continuing influence about how we do need to work together and stand up and fight together and how we can get things done together really does set the challenge before us clearly.

Tom, you and Ruth have been great friends and I am so appreciative of the years we had as colleagues and under your leadership on the health committee and in the areas of our mutual concern in the Senate. That it's a special moment here at the fair to receive your personal endorsement.

[12:15:05] I look forward to working with you not only during the campaign, but I hope to call upon you for counsel advice and get you back in to the arena from time to time. Thank you very much, Tom. We will be happy, Nick, to take some questions.

HARKIN: Look my support for Hillary for president has nothing to do with other people. It has to do with what I think that we need in a future president. We've come through a terrible recession. We're making process, there's no doubt about that.

We have to continue that process, and we need someone in the White House with the depth of experience not only here working in America for our future but globally. You know America is still our world power. We don't want to give that up.

We don't want to give up our leadership on the world on so many things like human rights and disability rights and freedom and democracy. Hillary is well respected, and I can tell you this Jennifer from traveled around the world.

She is well respected in countries all around the globe, and this again is something that we need in the White House to continue to keep our sort of status in the world community. It has nothing to do with other people.

It has to do with who I think will be best in the White House for the next eight years for our future here and for our kids and our families, but also for the place of America in the community.

CLINTON: Hi, Jeff.

UNIDENTIFIED MALE: -- your campaign sent out a tweet about that this morning as well. Do you believe that this is a laughing matter, and do you believe that you bare any personal responsibility for this investigation that's going on now, or is it a partisan witch hunt?

CLINTON: Well, Jeff, I think first, I have said in the past that I used a single account for convenience. Obviously these years later it does not look so convenient, but the facts are the same as they have been from the very beginning of these questions being raised.

Most importantly I never sent classified material on my e-mail, and I never received that was marked classified, so I am going to let whatever this inquiry is go forward and wait the outcome of it. The State Department just confirmed what I said to you.

But I do think that if you look at the Republicans in Congress and the ones running for president, there is an unfortunate tendency to make partisan a tragedy in Benghazi, which I just fundamentally disagree with.

I don't think that it's right and I will not participate in it. So we'll see how this all plays out, but it's not anything that people talk to me about as I travel around the country.

It's never raise in my town halls or my other meetings with people. I think what people are interested in is what Senator Harkin just said who is going get the economy moving to create more good paying jobs.

Who is going to get the cost of college down and refinance people student debt, who is going to open up the workforce to women and people with disabilities so that they can make the contributions and be treated fairly and so much more. That's what I talk about on the campaign trail.

UNIDENTIFIED MALE: But a few Iowa Democrats I have talked to at the fair here have said that they are worried about this as a general election viability. Is that not possible in your mind at all, Ma'am?

CLINTON: No, it's not. I think that, you know, this is the usual partisanization, which I may just made up a word of anything that goes on. I have been at this for a really long time. I think people in Iowa just like people across the country are going to want to vote for somebody that will deliver results for them. I have a case to make on that as Tom said.

[12:20:01] UNIDENTIFIED FEMALE: Secretary Clinton, did you lock in Tom Harkin's endorsement because you're afraid that if Joe Biden and Al Gore, get in the race, he might be neutral?

CLINTON: Could you repeat that?

UNIDENTIFIED FEMALE: Did you lock in Harkins endorsement now because you're afraid that he may remain neutral if Vice President Biden and former Vice President Gore get in the race, just wondering the timing of the endorsement.

HARKIN: Timing, I don't know about timing. I have been on a lot of tripping with my grandkids this summer. I have spent the month of July working on the 25th anniversary of the American's with Disabilities Act. We have had a lot of great time. That just occupied my time, so what better time than the Iowa State Fair time.

CLINTON: No, we're fully cooperating with that. The way that it is being use certainly is. The State Department has confirmed that I did not send nor receive material marked classified. This is not about me.

They have also confirmed that. Well, but you know that is something that they will have to determine, and I think there are disputes going on among agencies about what should of could have would have been done four, five, six years ago.

That's something for them to work out. I am repeating the facts and the facts are I did not send or receive material marked classified.

Well, I have stated that I find it somewhat curious that Jeb Bush is doubling down on defending his brother's actions in Iraq. If he is going to do that, he should present the entire picture. The entire picture includes the agreement that George W. Bush made with the Maliki government in Iraq that set the end of 2011 as the date to withdraw American troops.

That was done under George W. Bush, and I can only wonder whether he just either did not know that or thought that other people would not be reminded of that.

So it is for him to make whatever case that he wishes on behalf of his own campaign, but there's clearly a very direct line between the agreement that George W. Bush signed and the efforts that the Obama administration made of which I was apart to persuade the Maliki government to permit continuing American support for the Iraqi Army to make sure that the investment in its training would pay off.

Maliki did not want a continuing American presence. Now, I think what is being done with respect to ISIS is very significant in terms of the support that the United States is now providing to the Iraq Army to retrain because of what Maliki did to really start to erode its abilities to support the Kurds, to try to get the Sunnis back into the fight against ISIS.

This has to be an Iraqi-led mission. Like anybody that's followed the horrific barbaric behavior of ISIS, I am very committed to supporting the efforts within the region to try to take on the threat that they pose to everyone, but particularly to women and especially to women of certain religious backgrounds.

It's an area that is so deeply distressing to read about what's going on there, so I think we have to do more. I hope that will do more to try to get the whole region together to drive ISIS out of the territory that they occupy, to rescue the people that they have in slaved predominantly women.

[12:25:11] But I think that President Obama is doing what he can to bring that about.

HARKIN: Should I answer that seriously or not? I don't know, Todd. As I watch this Republican field, they're floundering all over the place. All of them are trying to appeal to a narrower and narrower section of the Republican Party. I don't think that it's healthy for the Republican Party or the country either.

It tends to be more divisive and tends to separate people out from one another, and so I hope that more moderate voices will come to the forefront in these Republican primaries. CLINTON: I am just having a good time. We're only four months into this. I feel very positive about the organization that we're building in Iowa and across the country particularly in the early states. It's mostly for me a continuing conversation with the American people.

I am enjoying it, getting a lot out of it, learning a lot about it. I will just give you a quick example on why I find this so personally rewarding. Yesterday, a woman in Dubuque said that she was there because of the hall of fame dinner.

I talked about mental health. The reason that I did is because when I came four months ago, people talked to me about mental health. I want to have this continuing conversation about what's on the mind of Iowans and Americans. I will fight as hard as I can to earn every vote here and across the country.

HARKIN: Let me just also say as a long time Iowa politician statewide for so many years -- I am going to be frank. I did not endorse anyone in '08. I watched the campaign approximate. I thought that certain mistakes were made. I observed that.

I have looked at the Clinton campaign in Iowa this year, and Hillary is doing everything right. The organization is strong. The issues she's touching on are reaching people in the state of Iowa.

A much better and I think more personally involved if I might say that campaign this year than it was in 2008, and I have often said Hillary is such a wonderful person. She just needs to come out and meet us and the rest of will fall into place.

That's exactly what she is doing this year. That's why I believe in the caucus that Hillary is going to come that way on top.

CLINTON: Thank you. Thank you.

WHITFIELD: All right, following a ringing endorsement and introduction by former Senator Tom Harkin there that says that he is endorsing Hillary Clinton because she is a fighter, has experience and values.

At the same time, this also turned into an opportunity for Hillary Clinton to defend herself on the latest discussion that has erupted from her comments last night about Snapchat and disappearing messages.

She was asked if it was appropriate and if she is taking the whole investigation and the server being handed over to the Justice Department seriously, and she said and took this opportunity as another one in which to say that she did not send or receive material marked classified.

That question being launched by our own Jeff Zeleny there in the crowd. She is there in the Iowa State Fair now and is now going to take the opportunity to talk more of what she is believing in and campaigning on there at the state fair.

Let's talk more about what was said and not said and how it was handled by political reporter, Sara Murray, back with us and also CNN politics reporter, Jeremy Diamond. All right, good to see both of you.

So this is a ringing endorsement from Tom Harkin who came out of the retirement in January to say he had a lot to consider this summer and after spending some time with his grandkids this summer he decide that had she is the one that he wants to endorse.

[12:30:14] Hillary Clinton saying that she is having a good time connecting with people. Sarah, what is Hillary Clinton going to find there at the state fair? She is saying that in all of the appearances no one is asking her about the e-mail. It's reporters that are asking her questions. What is she likely to be met with her?

SARA MURRAY, CNN POLITICAL REPORTER: Yes, it will be very interesting to see when she is walking around and chatting with the average Iowa voters if they come up with them. But I think the reality is this is not just a concern with reporters and seeing the honest and trust worthy numbers take a hit.

The problem that this is not a problem for her at all and the campaign is a fallacy. Now, will she get them when she is eating fried foods and checking out the butter cow? It's hard to say. She is not doing the soap box, that doesn't mean it's none issue for her campaign.

WHITFIELD: Jeremy, I want to get you in a moment, but Jeff is on the phone. It was your question that you asked her about last night and if it appeared that is she is not taking it seriously. Describe that set up and all of the questions were asked from reporters?

ZELENY: Yes, all of the questions were from reporters. It's clear that the e-mail scandal that's been hanging over this campaign is something that is going to daunt her. I can tell you that it's not simply reporters and Republican asking questions. Those were the questions being asked today.

WHITFIELD: OK, now Jeremy, Tom Harkin said that she observed mistakes made in her campaign in 2008, but it's his view that she is doing everything right. He said she is better and more personally involved. So why is that important particularly for the Iowa State Fair? What is it that people want to see? What do they want addressed with the candidates there?

JEREMY DIAMOND, CNN POLITICS REPORTER: Well, it was definitely important for Senator Harkin to talk about the strong ground game that Hillary has here in Iowa. When you look back to 2008, her operation had a misstep, and it's a crucial state.

So Clinton has made a really concerted effort to make a strong press here and part of that is not just the staffers having a good ground game and organization here, but it's her coming here and meeting with the voters face to face and especially voters that may think that she is removed from the people.

It gives the impression that she is here and with Iowans and she understands their concerns. That's where you see the elements of the retail politics at the state fair.

WHITFIELD: And Sara, because of the question Hillary Clinton was addressing these matters because of the questions that were being asked of her in this format here. She took an opportunity to say that she thought that it was curious that Jeb Bush has been doubling down on defending her brother's actions.

But she says what still needs to be laid out are other details that fill in the whole picture. Is this, you know, the kind of discussion that people still want to hear that they want that hear fellow candidates engaging in the criticism of others or the challenges being posed by fellow competitors?

MURRAY: Yes, this is what presses candidates to flesh out their policy plan and the arrivals pushing them to do so. That might not be brought up to you when you're eating a pork chop on a stick, but when you talk to voters they want to know what the candidates stand for.

They want to know what their policies are on a variety of different issues, so I think that it's really important to see the candidates pushing each other and saying okay you're going deal with is, how are you going to do it?

That's one of the things that Jeb Bush is going to flesh out. In the same token there are a lot of policy proposals that Hillary Clinton is going to get out.

How do you move this stuff through Congress and pay for it. How do you make the plans a reality? We have not heard that from anyone in the field frankly.

[12:35:01] WHITFIELD: All right, Jeff Zeleny, back with us on the phone. Hopefully you got something to clear your throat there. Maybe it was the dust there. Hillary Clinton says that she is in it for four months and having a good time.

What's different for her this go round? She seems to be conveying that she is more relaxed about the process. It looks like we lost Jeff. You're seeing the field there around Hillary Clinton and the live pictures upon the arrival and talking with former Senator Tom Harkin.

She will make the way through the crowd. It's an exciting time for everybody there at the Iowa State Fair. All right, thanks to Jeff Zeleny, and Sara Murray, and Jeremy Diamond. We will be right back.

(COMMERCIAL BREAK)

WHITFIELD: All right, an alleged love affair between two Michigan lawmakers is sparking calls for them to step down. You now one of them is speaking out and the other is accused of trying to cover it all up.

CNN's Ryan Nobles joins us now live from New York. So Ryan, we're hearing one of the lawmakers aides is about to spill the beans. RYAN NOBLES, CNN CORRESPONDENT: Yes, Fred, we're waiting to hear what the staffer has to say. His name is Joshua Kline. He claims that he has the inside story on this scandal, this while the two lawmakers at the center of this controversy attempt to repair their reputations.

(BEGIN VIDEOTAPE)

NOBLES (voice-over): For the first time the female state representative at the center of a sex scandal rocking Michigan State capital is speaking out.

CINDY GAMRAT (R), MICHIGAN STATE HOUSE: I know that I have made some poor decisions as it relates to my personal life.

NOBLES: Cindy Gamrat and her fellow Republican, Todd Courser, are accused of engaging in extra marital affair. Both are conservative lawmakers with spouses and children.

[12:40:10] The alleged affair came to light after the "Detroit News" obtained an audio recording captured by a staffer where Courser hatches a self-targeted plan to send an e-mail under a fake name falsely accusing himself of soliciting a male prostitute. The alleged goal is to distract attention from his relationship with Gamrat.

UNIDENTIFIED MALE: What do this do?

UNIDENTIFIED MALE: I need if possible against the politics that are coming.

NOBLES: The salacious details are leading to calls for both Courser and Gambrat to resign. A tearful Gamrat acknowledged mistakes but stop short of admitting to the affair and has refused to step down.

GAMRAT: My husband is here, Joe and I have three children. They don't deserve what's come upon them. I take full responsibility.

NOBLES: Meanwhile, Courser who has not admitted to the affair has released a 27-minute audio statement that he does admit faking the e- mail and describes himself as a broken messenger. But he too refuses to step down claiming that former staffers led by political opponents are trying to blackmail him.

TODD COURSER, LAWMAKER ACCUSED OF AFFAIR (via telephone): I refuse to leave quietly and have decided that these efforts really need to come out.

NOBLES: Back at the state capital, Michigan House Speaker Kevin Cotter has ordered an investigation into the allegations and whether any House rules or laws were violated. It's an investigation that Gamrat welcomes.

GAMRAT: I look forward to an investigation. I think that will vindicate me on that.

(END VIDEOTAPE) NOBLES: And Michigan speaker of the House has also called this entire affair disturbing and Fred, he is among this growing crowd of people in Michigan calling for both of these representatives to step down.

WHITFIELD: All right, Ryan Nobles, thank you so much.

NOBLES: Thank you.

WHITFIELD: All right, we will be right back.

(COMMERCIAL BREAK)

[12:45:42]

WHITFIELD: The family of a fraternity pledge at Clemson University who died last year is blasting the prosecutor and sheriff's office for publicly discrediting a new witness in the case. The witness says that Tucker Hipps fell off a bridge while being hazed.

But the sheriff's department says there are multiple issues with the witness's story and the prosecutor will not file criminal charges based on the new information.

The attorney for the Hips family said this on Friday. "We are surprised and disappointed by the statement. We believe that counsel making public comments on the credibility and the substance of witness statements is both inappropriate and prejudicial. We could not disagree more."

CNN's Sara Ganim spoke with the family about the new witness.

SARA GANIM, CNN CORRESPONDENT: This is a tragedy that happened almost a year ago. It's been a mystery for this family for 11 months. What happened to their son? Was he forced to jump over the bridge? Was he pushed over the bridge?

The family has been looking for answers and really hoped that this new witness would bring them. The new witness is coming forward and saying that he saw a group of students on the bridge that morning with one of them walking along the narrow railing leading the family in court documents to believe that Tucker was forced to walk on that railing.

Here is what they wrote. He said, "Tucker slipped from the railing and caught the railing under his arms and tried to climb back on the bridge unassisted -- lost his grip on the bridge and fell head first into the water and striking his head on the rocks in the shallow water."

Now, I just talked to the prosecutor in this case and she said that it will not lead to any new criminal charges. She said the sheriff's department thoroughly investigated and found that this witness was off about several things like the color of the clothing that the students were wearing that day.

She also said he wasn't sure about the day that he witnessed these students on the bridge and records from the gym that he was visiting that morning show that he was not at the gym and was not crossing that bridge the morning that Tucker Hipps died.

Of course, I talked to his mother and this doesn't change much for her. She is still hoping for answers. Here's what she said. She said, "His dad and I miss him so terribly. He is still the first thing and the last thing we think about every day. He is just terribly missed."

Of course, the family has filed a lawsuit against the University, the fraternity and three brothers claiming that they tried to cover up after Tucker fell off the bridge even lying to his girlfriend about where he was that morning.

Telling her that he was seen in the library when in fact he was not and waiting several hours to call police. The lawsuit also says the fraternity has a history of forcing pledges to jump over bridges and then swim to shore.

It also says that the brothers were upset with Tucker that morning because he did not bring them McDonald's breakfast. Of course, all the defendants deny these allegations and specifically one defendant who is a brother of that fraternity and the son of Representative John Carney.

His attorney says he did not witness anything and does not know how Tucker went over that bridge. Of course, this family is still left wondering if he really died over some McDonald's breakfast. Sara Ganim, CNN, New York.

WHITFIELD: All right, so after the new witness came forward, the fraternity released a statement saying, quote, "Sigma Phi Epsilon has recently been made aware of these new allegations attributed to the unknown unnamed witness. We fully intend to fully investigate these allegations as we have been previously. Our investigation has revealed absolutely no evidence of wrong doing.

Let's bring in our legal guys, Avery Friedman, a civil rights attorney and law professor in Cleveland. Good to see you.

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi, Fredricka.

WHITFIELD: And Richard Herman, a New York criminal defense attorney and law professor joining us from Las Vegas. Good to see you as well.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Good morning, Fred.

WHITFIELD: All right, so Avery, you first. Is it inappropriate and even prejudicial for the prosecutor to say based on what we have learned from the eyewitness there will be no charges. Is that appropriate?

FRIEDMAN: I don't think it's inappropriate. The standards that the prosecutor needs is to prove a criminal case beyond a reasonable doubt. There's a wrongful death pending right now. That's a civil case. That's a very different standard of evidence. [12:50:12] While the prosecutor is certainly free to charge or not charge, that $25 million wrongful death case over the loss of Tucker Hipps is going to be the way to get the facts.

Remember there were 30 people out there at 5:30 in the morning. It's going take one witness to make a difference. That's where it's progressing. The wrongful death case was filed shortly after the death that was last September. We're going get to the truth.

WHITFIELD: So then Richard, is it in your view 30 people eyewitness or asked the questions by investigators that this is not a criminal investigation if indeed -- if indeed this pledge was challenged to get on the bridge and risk his life. What is needed to support a criminal investigation?

HERMAN: Well, Fred, there was a criminal investigation. Law enforcement interviewed all of the individuals that were out that evening or early morning. They interviewed them and compared their stories.

WHITFIELD: But no charges have been filed.

HERMAN: No charges because they can't make a case. It's not what you know, but what you can prove. They cannot prove it.

WHITFIELD: That's a better way of asking the question, which is what is needed in order to make that criminal case?

HERMAN: You need an eyewitness saying that they saw brothers ordering him and directing him up on the ledge and then reckless conduct there causing him to fall.

They're not going to find that and get that, Fred. The issue on suing the university and Avery was right. There's two different burdens approved, criminal beyond a reasonable doubt.

There is no way that they're going to be able to bring criminal charges, and it's a tragic situation. I know the family wants closure, but there's not going to be a criminal case here. Can they bring a civil case? Sure. Are they going to prove that as well?

Against the university, Fred, all universities that have some Greek life enact and promulgate rules and regulations prohibiting hazing. When they find incidents of it, they suspend the fraternities and expel them.

And in this instance, they did suspend this fraternity for prior incidents. So the university acted in good faith here and acted in a reasonable --

FRIEDMAN: We don't know that yet.

HERMAN: Yes, we do. We know that. Yes, we do. These fraternities some of them go back to the 1800s, and you can ban all the hazing that you want, but some of them are not going to comply and unless you ban Greek life in total on these universities, you're going to have a form of hazing.

WHITFIELD: What are the viable chances of this civil case especially if you don't have the kind of -- the level of cooperation to help fill in the blanks and paint the picture about what really happened?

FRIEDMAN: We know that there's evidence of some of the members of this fraternity explaining various aspects of it. The standard is lower, Fredricka, than what is required in the criminal case. I actually think that once the plaintiff's lawyers get into what clemson knew concerning bridge jumping, and as I understand is common there.

WHITFIELD: Yes, there's a history of this happening.

FRIEDMAN: Exactly. Exactly and then if the university knew and if there's an obstruction or if there's been an effort to hide it, that's become part of the case. We're right now in what we call discovery.

The lawyers are digging up and finding out from the university and fraternity what the facts are. We're going to be in a lot different position three or four months from now and getting the answers to what everybody wants to know.

HERMAN: Fred, the issue is what the university did in reaction to allegations of this type of behavior. What did they do? Here they have the rules and regulations against them. They prohibited it.

When they found out about it, they held hearings and suspended and expelled them that's what a reasonable university should do, Fred. This is not going to have liability in the case. The question is will the fraternity.

FRIEDMAN: I don't know how you can say that at this point.

WHITFIELD: All right, well, this investigation is still in its infancy at least in that case. All right, thanks so much, Richard Herman and Avery Friedman. Good to see you guys. Thanks so much.

HERMAN: Nice to see you.

WHITFIELD: We will be right back.

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[12:57:50]

WHITFIELD: All right. Plumes of black smoke filled the skies over the port city of Tianjin, China today creating fears of new explosions. This follows a huge blast Wednesday that reportedly killed at least 105 people and injured more than 700.

But video today showed cars that caught fire in a parking lot near the blast zone were causing the thick clouds of smoke. Chinese officials are also walking back earlier reports that an evacuation was issued for a two-mile radius of the blast site. CNN's Will Ripley is at the scene. WILL RIPLEY, CNN CORRESPONDENT: Fred, a lot of people here in Tianjin are really worried right now about the air quality. Last night when I was reporting in front of this same location, this is an emergency shelter where there were hundreds of families who were spending the night.

They were amongst the thousands of people who have been left homeless as a result of the huge damage from the blast on Wednesday evening. All of those families have been evacuated from this location and sent to a safer spot further away.

The reason is that there are new fires and explosions that reignited here and sending plumes of smoke into the sky and leaving people fearful of what is blowing this way in the air. The government acknowledging that a very dangerous potential deadly chemical is detected.

Sodium cyanide just one of a long list of toxins that were being stored at this facility where there was a chemical fire and then the series of deadly explosions. Government officials are also confirming for the first time that the first firefighters that came in used water to fight the chemical fire.

They were apparently unaware that spraying water on some of the chemicals could cause a volatile reaction and an explosive reaction. That's believed to be in this investigation goes forward in the tragedy that's unfolded here.

There are some pieces of good news. A 19-year-old firefighter was rescued on Friday. He survived 31 hours on the ground before he was rescued. He is in the hospital recovery.

There was a 50-year-old man that was rescued as well, and a woman that gave birth to her child prematurely. They say that mom and child are both expected to recover.

[12:59:57] Now, at least 104 people reported dead and look at this. These are the names of those who are still missing, dozens missing. Many of them firefighters, their families angry, storming a press conference earlier today that we attended, screaming in a hallway, demanding answers.