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Legal View with Ashleigh Banfield

Russia Launches Air Strikes In Syria; State Of Oklahoma Prepares To Kill Death Row Inmate Richard Glossip; WH Press Secretary Comments On Russian Air Strikes In Syria. Aired 12:30-1p ET

Aired September 30, 2015 - 12:30   ET

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


[12:30:04] CHRISTIANE AMANPOUR, CNN CHIEF INTERNATIONAL CORRESPONDENT: Want to go after Assad, and will only train those who will only fight ISIL, so two very conflicting strategic...

ASHLEIGH BANFIELD, CNN ANCHOR: Yeah. It does amount to the very.

AMANPOUR: And the U.S.

UNINDENTIFIED MALE: That's drives up the recruitment pool real quickly.

BANFIELD: And you had made this point. It not only drive us the recruitment pool generally but because some of those rebel forces are beloved by Muslims around the world and this would be affront to them as well. I have -- just to make notice of another moving part here.

I just mentioned that the Secretary of Defense is going to be holding a press conference at 2:00 p.m. at the Pentagon, but now were also being told that the White House for Press Secretary is going to will make some public statement as well, all of this as again the United States on one-hour's notice is told by the Russian, move your aircraft and coalition aircraft into safety and out of harm's way, we're going in with air strike, and they did exactly that in the homes area, the significance summit (ph) coming up.

(COMMERCIAL BREAK)

BANFIELD: Our Breaking News. We are awaiting the podium to go live with the Press Secretary for the United States Josh Earnest expected to make some comments sometime in the next few moments regarding our Breaking News which is that Syria has launched air strikes for the first time in Syria, excuse me, that Russia has launched air strikes for the first time inside of Syria suggesting that the targets are ISIS based, but the location sure isn't.

All of this was one hour's notice to the United States, one hour's notice to Israel, and by all accounts, no notice to anyone else, so significant movements overseas in the Middle East.

[12:35:09] We're going to hear from Ash Carter the Secretary of Defense in about an hour in a half from now, so stay tuned for that, were keeping alive eye on that podium that clear us on critical comments likely to come from the White House. In the meantime, another big breaking story, a story that is on track to be life and death in just a matter of hours. In the year that is on track to see the fewest executions of death row inmate and almost a quarter century.

We're about to see yet one more, in fact this will be, two in less than 24 hours. About four hours from now State of Oklahoma is set to execute the man on the left-hand side of the screen, and his name is Richard Glossip, all because the 1997 murder of a motel owner named Barry Van Treese.

Now to the right side of your screen significant also overnight the State of Georgia put to death the woman in that picture Kelly Gissendaner, that for the murder in 1997 of her husband Douglas. Neither of these condemns prisoners actually did the killing. They were conspirators it planned this. Gissendaner persuaded her boyfriend to do the deed, and she did not deny it right to the end. Glossip was convicted a persuading motel handyman where he works to do it, but there is only the handyman's word on that. Glossip instead insists he was set up.

(BEGIN VIDEO CLIP)

RICHARD GLOSSIP, SCHEDULED TO DIE AT 4PM ET: Everybody does, but I want people to know that I did not kill this man, I didn't participate and then plan or anything to do what is crime.

(END VIDEO CLIP)

BANFIELD: What is very similar to yesterday's execution is today marks the third time this year that Glossip's death has rescheduled. He got a reprieve in January while the Supreme Court of United States looked into that whole drug concoction that is used in the lethal injection in just two weeks ago, he had already had the last meal when a state appeals court allowed more time to consider his claim of innocents.

I'm now by one of Glossip Lawyers Mark Henricksen. Mr. Henricksen, thanks for being with me. Can you just let me know at this hour literally the minutes are ticking away, what is the status of your final appeals to Supreme Court of the United States?

MARK HENDRICKSON, ATTORNEY FOR RICHARD GLOSSIP: Just before we came on air, we checked, and there's not been a ruling from the United States Supreme Court of our application that they review this again and to grant a stay. So we have submitted and we're prayerful and hopeful that the Supreme Court will delay this proceeding by Oklahoma later today.

BANFIELD: And you know well that did not happen for Kelly Gissendaner yesterday there was a flurry of paperwork write up until midnight this was a five-hour delay on her execution yesterday in Georgia. Do you see that your case will be any different?

HENRICKSON: I hope, so earlier this week the Highest Criminal Court in Oklahoma ruled 3-2 against Mr. Glossip the two judges strong the sense raised concerns about either the fairness of this trial on the part of one judge or the fact that there ought to be a review of the evidence of innocence that has been submitted in recent days. And so, I'm not as familiar with the Georgia case of course as I am with Mr. Glossip, but I think its a strong claim that Oklahoma is on a precipice of executing an innocent man and the Supreme Court all to step and to prevent that from happening. At least to allow an evidentiary hearing to take place to test the quality of the evidence we come forth with.

BANFIELD: Well, and by all accounts a lot of that evidence is questionable, certainly the word of one man seems to be one of the most critical elements that persuaded this jury, although some of those who have reviewed his appeals have said there's corroboration on that man's word.

We're going to continue to watch this, Mark Henricksen, and if you could keep us updated as this can change from moment to moment we want to know if it things do change. Thank you for being on the program.

HENDRICKSON: You're welcome.

BANFIELD: You probably heard me mentioning to Mr. Henricksen what happened yesterday. Georgia's death row and may Kelly Gissendaner had her fair share of false alarms, too just about the famous Glossip, she thought she would die on a particular day that would not happen but last night. Her attorneys could not save her.

We're going to talk for theology instructor next about the last moments, and what happens now with her family.

(COMMERCIAL BREAK)

[12:43:22] BANFIELD: While Richard Glossip is waiting to see if he is going to live or die little less than four hours are from now in fact. Kelly Gissendaner's family is making funeral arrangements considering what to do with her body after her execution just after midnight last night. The 47-year-old mother of three died by lethal injection for her role in her husband Doug's murder back in 1997. Before the execution, her daughter Kayla addressed supporters outside of the prison in Jackson, Georgia.

(BEGIN VIDEO CLIP)

KAYLA GISSENDANER, KELLY GISSENDANER'S DAUGHTER: We just want to thank you all so much. We were not able to see our mom today because the boards of pardons and paroles made us make a choice to either come try and save her life today or go see her. So we chose to try and save her life and they still denied us.

(END VIDEO CLIP)

BANFEILD: As his customary witnesses were on hand to watch the execution, including members of the media like Jeff Hullinger from our affiliate WXIA.

(END VIDEO CLIP)

JEFF HULLINGER, WXIA REPORTER WHO WITNESSED EXECUTION: When all of the witnesses entered the viewing area, Kelly Gissendaner was able to see us, and became very, very emotional. She began sobbing, then crying, then sobbing, and then she made a statement. A statement apologizing to an amazing man that lost his life because of her. Also spoke of loved her attorney, Susan Casey and her children, hope that they found -- would find peace. And she then began to sing two gospel songs. One, "Amazing Grace", the other was "Indecipherable."

(END VIDEO CLIP)

BANFIELD: Reverend Cathy Zappa joins me now. She was Gissendanner's teacher in the theology certificate program at Lee Arrendale prison. Reverend, thank you for coming back on the program, we spoke yesterday. And your students and I dare say your friend was alive. And I invited you to come back today not knowing what would happen. And I watched my e-mail right up until midnight and realized five-hour delay and they carried out the execution and I want to get your reaction.

REV. CATHY ZAPPA, EPISCOPAL MINISTER: I am still processing what happened. I think many of us are. This has been such a long convoluted torturous process. And because she faced this execution date in March and then it was called off at the last minute. Up until the last minute, we didn't really know it was over until it is over. It's just been such a back and forth and it's been hard to really know how to the feel from moment to moment. This is such a loss.

BANFIELD: I know that you were -- as you were waiting for this interview at your satellite location, you were able to overhear my interview with Mark Henricksen. He is the attorney for Richard Glossip who is an identical situation as your friend Kelly. And that they were dead man and woman walking twice before leading up to what happened to your friend yesterday. Mark is trying to save a life of his client today.

And I wanted to ask you how you felt listening to his answers about his frenzied efforts now with the U.S. Supreme Court?

ZAPPA: It hit me hard. I'm just feeling very fragile right now about all of this and knowing what Kelly just went through and her attorneys and her children especially. It's just unfathomable to me that it is happening again just a day later. This is such a cruel and inhumane process. Especially for the loved ones of the person who is scheduled to be executed.

BANFIELD: So, the other side of the coin here, is there a lot of people who are watching right now who wonder if your fragility compares at all to the fragility of Doug Gisendsendaner's...

ZAPPA: Right.

BANFIELD: ... parents and siblings. I understand his children with Kelly had a change of card and they supported.

ZAPPA: Right.

BANFIELD: Obviously the commutation of Kelly's sentence. But there is the same issue with Richard Glossip. He clearly would have family supporters supporting him.

ZAPPA: Right.

BANFIELD: But the victim has family members who have been torn to shreds for decades.

ZAPPA: Right. In this case, there are victims on both sides of this, I mean, that's part of what is so tragic about this, is this one family has been torn apart. Some of the victims wanted her to live and some did not want her to live.

BANFIELD: If you had anything that you could say and I asked you this yesterday, if you could minister as you were able to minister to Kelly. If you could minister to Doug's family today because the dynamics have changed completely today, what would you say?

ZAPPA: I honestly don't know. I'm sorry, I just don't know. I hope that they can come to know the power of reconciliation and the healing that's available in reconciliation. I know they are not looking to be reconciled but I think that her -- Kelly's children have shown us that there is always the possibility of hope and reconciliation, and healing. I mean, really, it's about healing in things like this. I hope they find it.

BANFIELD: Reverend Zappa, thank you for being with us. I'm sorry for what you have had to go through. This is a complicated debate and it is not over. Thank you so much for your time.

Coming up next, could billionaire businessman Richard Branson make a difference here? Could he actually help save the man who is facing execution in just a few hours? Find out how he's involved at all and what he's doing about it.

(COMMERCIAL BREAK)

[12:46:50] BANFIELD: Breaking News, I want to take you right to White House press briefing room where Josh Earnest is making comments assuming his going to make comments about Syrian air strikes today.

(BEGIN VIDEO CLIP)

JOSH EARNEST, WHITE HOUSE PRESS SECRETARY: ... you can see tribal and local officials up and down the seaboard. Although there been no requests for federal staff for the act to assistance and we continue to stand ready to assist states and tribes as needed and as requested. At all times FEMA maintains commodities including millions of liters of water, millions of meals and hundreds of thousands of blankets strategically located at distribution centers throughout the United States and its territories.

It's no coincidence or may be it is a coincidence that today is the final day of national preparedness month, and the storm in the Atlantic serves as a reminder that we all must take action to prepare now and throughout the year for the types of emergencies that could affect us where we live, where we work, and where we visit. In any emergency, it is always important to follow the instructions provided by state, local, tribal and territorial emergency management officials. FEMA encourages all Americans to visit ready.gov or leasto.gov to learn more about how to be prepared and how to protect your families during emergencies, that seems particularly important today for those of us that live in the Mid-Atlantic.

And as we're talking about the emergency response, it seems also appropriate that we would have in our thoughts and prayers our first responders, and on Sunday, October 4th, this coming Sunday, the President will travel to Emmitsburg, Maryland, to deliver remarks at the 34th National Fallen Firefighters Memorial Service

The President will honor 84 heroic firefighters who died in the line of duty in 2014, and three other firefighters who have died in previous years. The President looks forward to thanking our nation's firefighters for the extra ordinary courage they display everyday, particularly during these challenging times as communities across the Western United States combat the recent out break of wildfires we have seen there.

And we'll have additional details about the President's trip to Emmitsburg and his participation that solemn event in the days ahead. So with all that, Josh, let's go to your questions.

UNIDENTIFIED MALE: Thanks Josh. I think its important policy (inaudible) you today.

EARNEST: OK.

UNIDENTIFIED MALE: Does the U.S. know who Russia is targeting with air strikes theory at the moment?

EARNEST: Josh, the Department of Defense is obviously reviewing the ongoing Russian military activity inside of Syria. You recall that when President Obama and President Putin had the opportunity to meet just two days ago, both presidents agreed that it was a priority for both countries that tactical, practical conversations between the militaries take place to ensure that the military activities inside of Syria are properly be conflicted, that continues to be a priority. The U.S. military officials have been in touch with their Russian counterparts already to set up those discussions.

UNIDENTIFIED MALE: But Russia says they're going after ISIS.

[12:55:02] Can you see reports coming from the region that other groups are being struck including Nusra and even at the U.S.-backed rebel group, which would at least the way you describe it in the past mark a larger effort by Putin to try and shore up the Assad government not to simply go after extreme as like the Islamic state that need you here missile blow at (inaudible). So what do you make of the fact that it seems like they're bombing in areas, they're not necessarily ISIS held and could be expanding this military operation to really try and shore up the Assad regime?

EARNEST: Well, the department of defense is going to take a look at the Russian military activities there, and it is too early for me to say exactly what targets they were aiming at and what targets were eventually hit.

UNIDENTIFIED MALE: I guess you take Putin had his word that he's only going after the (inaudible) Islamic state?

EARNEST: Well, the Department of Defense will take a look at the Russian military activities in Syria and may have more information to share about that in the days ahead. You're question though does raise I think something that weren't mentioning here at the outset, which is -- we are seeing the Russians ramp up their support for President Assad, they've been supporting him for quite some time and it's clear that they've made a significant military investment now in further propping him up.

The fact that Russia has to take these noteworthy steps to ramp up their support for Assad is an indication of how concerned they are about losing influence in the one client state they have in the Middle East. And this is in contrast to or at least calls into question their strategy, because when President Putin and President Obama had the opportunity to meet at the U.N. earlier in the week, much of the discussion was focused on the need for political transition inside of Syria.

Now, there are well known differences of opinion about what that transition looks like, but there was agreement on both parts about the need for a political solution to the problems that are plague in Syria. That means that Russia will not succeed in imposing a military solution on Syria, any more than the United States was successful in imposing a military solution on Iraq a decade ago and certainly no more than Russia was able to imposing a military solution on Afghanistan three decades ago.

So this goes to the case of the President made in his speech at the U.N on Monday, which is that to confront this significant global challenges, nations around the world can exercise strength and exercise influence by being part of a large international effort to address those challenges, that's precisely with United States is doing inside of Syria. The President is leading a coalition of now 65 countries a better implementing an integrated strategy that includes a robust military effort, but also includes efforts to try to counter ISILs online radicalization efforts, shut down the flow of foreign fighters, engaging efforts to counter the financing efforts and that is part of -- that is the most effective way for the United States to lead the international community. It is the most effective way for us to advance the U.S. interests in the region and around the world, it is the most effective way for us to eventually arrive at the kind of solution to the significant problems that are plaguing that war-torn country.

UNIDENTIFIED MALE: In Afghanistan, a new setback in Kunduz, military commanders form the U.S. are recommending that they like to see additional troops remain in Afghanistan beyond that small president did, the embassy that we've talked about in Manhattan, Mr. President agreeing with the recommendations and that something that you actively considering? EARNEST: Well, Josh, let me start by saying that the United States continues to monitor efforts by the Afghan National Defense and Security Forces to retake Kunduz, U.S. and coalition forces are providing advisory support and have conducted a limited number of air strikes, primarily for the purposes of force protection. The United States will continue to work closely with President Ghani the rest of the Afghan government and our international partners to ensure that the Afghan forces have the capabilities in training necessary to preserve the gains that have been made by the Afghans and the international community over the last 13 years.

When it comes to policy decisions I think there are -- I don't have a lot of news to make in this regard, but there are two observations that I have.

The first is that the President when announcing the decisions in the past when it comes to our military commitment to Afghanistan, has routinely noted that the conditions on the ground influence that policy process. And so, I would expect that that would continue -- that that would be the case in this circumstance as well.