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Legal View with Ashleigh Banfield

Carly Fiorina Signs on as Ted Cruz's Running Mate; Arrests Made in Connection With Family in San Bernardino Killing Case. Aired 12- 12:30p ET

Aired April 28, 2016 - 12:30   ET

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

[12:30:03] KYUNG LAH, CNN NATIONAL CORRESPONDENT: To be frank we don't. We don't know exactly if this is related to marriage fraud that they were investigating, the agents were investigating the charges that were levied against Enrique Marquez, or if this is in relation to the iPhone that the FBI was able to break into. We just don't know. What the FBI is confirming to us though is that the warrants were served in Corona and elsewhere.

ASHLEIGH BANFIELD, CNN HOST: So I know that I'm beating a dead horse here but while I have you I will, if I can. I recall that you reported at the time the only thing the FBI would tell us after they were able to hack the phone was that they could at least figure out timeline after the killings and who they didn't contact but they weren't telling us everything else. And I want to get Danny Cevallos to jump in on this conversation as well.

But did they hold back a lot? And I want to get Danny to weigh in on why he thinks maybe warrants in Corona may be directly related or not. And that's really hard especially since he is not in your location. But Kyung, were they holding material back? Did they let us know that they were holding it back?

KYUNG LAH: You know, they haven't been very forward with us about what they have found and able to gain from accessing that iPhone. And guess what? They are not telling apple, either. They are not sharing that information. They are not saying exactly how they broke into the iPhone. That's the the latest news we have heard. Apple saying that they are not being told. So the FBI right now is in the middle of an investigation. They're simply not talking very much to the press or to Apple.

BANFIELD: And Danny, I know the answer to this but the question always asked with defense attorneys. If you end up on the served end of a warrant and it is based off of a device, isn't your ultimate defense is you don't know who was typing on that device, and you don't know that is connected to me in any way other than slander or smear.

DANNY CEVALLOS, CNN LEGAL ANALYST: Right, but in general, quashing these search warrants can be very, very difficult. The reality is, is that the DOJ, or even the last 50 years has gone from using search warrants sparingly to using them in fact, it's using them in a mandatory way under DOJ policy to investigate almost all crimes, to invest a the fact that warrants were served doesn't really tell us a lot except that this is standard operating procedure for the DOJ who uses them as investigative tools. It is exceedingly rare for judge, a federal judge to deny a search warrant. As a result FBI special agents apply for them and get them fairly frequently and they use them ...

BANFIELD: Don't they scare the heck out of people who get served to get information, I mean is that a tool that the can use?

CEVALLOS: If you -- if you are a corporate defendant, receiving a federal search warrant can be one of the most terrifying things in the world when in reality it may just be the DOJ casting a large net and essentially, going fishing just to use a bad analogy and hoping to find something good.

BANFIELD: Hope for the best. All right, Danny, thank you for that. And as well as in Kyung Lah, thank you for your reporting, we'll continue to watch this, and as soon as we know who got them and why they got them you will know, as well.

I want to move to politics because right now Donald Trump is getting Indiana. Yes Indiana, that state that is the major focus right now for the candidates. Will he keep up those attacks on Ted Cruz? And now Ted Cruz's choice for a running mate, Carly Fiorina. Remember what he said about her face? Is that going to make a comeback? We're going to have more from the campaign trail next.

(COMMERCIAL BREAK)

[12:37:43] BANFIELD: So, who is for Ted Cruz, Carly Fiorina is. We know that for sure. You know the former presidential candidate and former CEO of Hewlett-Packard signed on as Cruz's running mate. Even thought, he's still miles from any kind of kind of GOP nomination.

So, how about John Boehner? Is he for Cruz? That would be a big, heck no. And I'm mitigating that language.

No. The former House Speaker speaking at Stanford University and called Ted Cruz, "Lucifer in the flesh". You think that bad? Yeah, that's nothing. He went on to say, "I have Democrat friends and Republican friends. I get along with almost everyone, but I have never worked with a more miserable S.O.B. in my life". I added S.O.B. He didn't say it that way. He said it the way it is.

Just minutes ago Ted Cruz had his own say on John Boehner and his real adversary is Donald Trump. Trump has called Cruz and Carly a waste of time and an act of desperation. Cruz spoke to reporters in Fort Wayne, Indiana. Here it is.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: There are two question for you. Number one, how do you combat criticism that this move , they've include your running mate is an act of desperation. And in part two he is often advanced to ...

(CROSSTALK)

Part two is John Boehner calling me now in his words the most miserable S.O.B, he think you are Lucifer in the flesh. And I'm wondering how you square it up that with necessity of pulling together some of those potential Republican some of the (inaudible) reaction to these.

SEN. TED CRUZ, (R) PRESIDENTIAL CANDIDATE: Let's start with the first point.

It surprises precisely nobody that Donald Trump's response was to engage in insults. Listen now, that's one of four things. He screams, he curses or insults. I suppose you can start a drinking game on which one of the four Donald is going to respond to any given stimulus that might occur. But the one he does most frequently is the insult. He insults everybody and anybody and even now (ph). And so of course, he would scream desperate, that is Donald Trump. It's the only way he (inaudible) kind of awkward.

And you're second question was about John Boehner. John Boehner had some interesting comments last night.

[12:40:04] He didn't abbreviate what he said, a little more expressive. He allowed his inner Trump to come out. You know, I will say this, if you're one who actually has stood up for Washington I think John Boehner has made it crystal clear. John Boehner and his remarks describe Donald Trump as his texting and golfing buddy. So if you want someone who is a texting and golfing buddy, if you are happy with John Boehner as speaker of the house and you want a president like John Boehner, Donald Trump is your man.

John Boehner calls me Lucifer, he is not directing that at me. He is directing that at you. What Boehner is angry with me for is not anything I have said to him. I haven't said much of anything. What Boehner is angry with me for is standing with the American people, is energizing and encouraging House Conservatives to stand with the American people and actually honor the commitments we've made.

(END VIDEO CLIP)

BANFIELD: Wow. I want to bring in my CNN colleagues Terry Murray who is in Evansville, Indiana ahead of a big rally next hour by Donald Trump. Phil Mattingly is live in Washington D.C. and joining here me here in New York, CNN's political analyst and editor-in-chief of the Daily Beast John Avalon.

Sarah Murray first to you. So I'm not sure if Donald Trump is going to seize on John Boehner's language, S.O.B. And "Lucifer" and all the rest, he've used that today behind you or if he's going to speak with the presidential image he was trying to convey policy address last night. But the teleprompters and "I can be a president, too", business. What do we expect?

SARAH MURRAY, CNN POLITICAL REPORTER: Well, I think it will certainly be interesting to see if he addresses John Boehner's comments. But I think, you know, we saw the two different tones from Donald Trump. And the reality is on the campaign trail we get Donald Trump off the cuff, the classic Donald Trump we are used to seeing, things like policy speech we saw in Washington, D.C. Occasionally using notes. Occasionally rattling off local statistics, I think these are changes

I think these are changes the campaign is making on the margins. But I I asked Donald Trump earlier this week after he won those five states and was holding his victory press conference in New York whether he felt like he need to change, he needed to be more presidential. And He said I don't want to change. I feel like I have won so many states by being who i am. So I think the idea that Donald Trump is going to reinvent himself on the campaign trail is a little bit of a pipe dream. Ashleigh

BANFIELD: OK. We'll let's about Bobby Knight who had pretty colorful language and just colorful presence the campaign trail last nigh he signed on. To some for Trump Let's listen to what he had to say.

(BEGIN VIDEO)

BOBBY KNIGHT, FORMER INDIANA UNIV. BASKETBALL COACH: He isn't presidential. I don't know what the hell that means. They said Harry Truman wasn't presidential. And he went on to be one of the three best presidents. There has never been a more honest politician than Donald Trump. And he does a great job of finding good people. He is damn good at getting rid of bad people, too.

(END VIDEO CLIP)

BANFIELD: A lot of cheering in that auditorium. Phil Mattinley, That is a tough act to follow for one Ted Cruz. When this guy is a hero in Indiana and Ted Cruz needs Indiana like he has never needed a state.

PHIL MATTINGLY, CNN CORRESPONDENT: It is a huge State for Ted Cruz. You got to imagine Ted Cruz is probably texting Larry Bird trying to get somebody that is of the stature of Bobby Knight.

I think the interesting thing with Bobby Knight is if Donald Trump were a basketball coach he would likely be Bobby Knight. They are more or less the same type of person, the same type of personality. But it does under score Ashleigh, that Donald Trump is taking Indiana just as seriously as Ted Cruz is.

Ted Cruz is more or less moved to the state acknowledging the the fact that the 57 delegates will make or break his campaign. Donald Trump doing the same. You saw obviously where Sara is standing. Donald Trump putting a lot of focus on this state recognizing that a victory in Indiana or sweeping a large number of delegates could break Ted Cruz and really help secure the nomination.

BANFIELD: Yes, I think so. John Avalon, i want you to step in on the other side of the race, and that's the Democrats, Bernie Sanders laying off hundreds of campaign staffers yesterday having a good reason, he says we are already done 40 states. I only have ten more states. I want ask if you think Hillary Clinton should be putting (inaudible) branch and hiring those people and bringing them on to her campaign?

JOHN AVLON, EDITOR IN CHIEF, THE DAILY BEAST: Well, I mean, you generally don't do for a one to one unless someone on the team whose work you admired or envied. And that's just justifiable in terms of both uniting the party and improving the quality of your campaign.

But you know, as I think as implicit you don't lay off a ton of people if you are thinking about fighting in general. This is basically a practical concession the fact that his fight for the nomination is winding down. A shift to impacting the rules and looking at how his movement can continue to impact national politics is instead going to be the focus. So, it is a concession of reality it concession fiscal responsibility, I suppose with some irony. And but it's an indication of where the real state of the race is. You want the find truth of the politics, you follow the money. Or yet get John Boehner at Standford University.

BANFIELD: Since you call yourself an equal opportunity offender I want to get you in on the Republican side of the race as well. John Boehner with salty language and Lucifer and fire and brimstone in all rest, also said something more clear and and simple, that he would not vote for Ted Cruz, if Ted Cruz were the nominee. That's big.

AVLON: Yeah. And you have seen other sort of elder statesman in the Republican party say that as well. This is unique, not that Donald, is a beloved respected figure inside Republican ranks. But it really does show in the short time Ted Cruz has been in Washington that he has managed to alienate people to an unusual degree. This isn't just because of ideology. This is, you know, that a large part of politics is personal. If this many people who work with you have a real problem with you and they don't want to see you anywhere near the White House to your party's nomination. That is a character reference and that is real. Whatever salty language you use, and we could probably use some more of that. Somehow we've doubled down online to have -- to Lucifer. But that is a serious thing to come from the former speaker of the house.

BANFIELD: It's just a matter of time before salty language becomes part of news broadcasts with beeps. Thank you, John Avlon, always good to see you and Sarah Murray and Phil Mattingly. Thank you to you too as well. Continue to touch base with you all as the day progresses and the campaign does, too.

I have more breaking news coming out of San Bernardino. I was just talking to Kyung Luh about it, we were very mystified by these warrants served in California. Now we have some answers coming up after the break.

(COMMERCIAL BREAK)

[12:50:47] BANFIELD: So we got this breaking news an update at a story that we brought you earlier regarding arrests that were made in connection with the family in the San Bernardino killing case, 14 dead in December.

CNN Justice reporter Evan Perez joining me live now along with CNN legal analyst Joey Jackson here in the studio. First to you Evan, warrants served and that is all we knew and now we know why is it.

EVAN PEREZ, CNN JUSICE REPORTER: That's right Ashleigh, we know that there are three arrests that had been made. One of them is Syed Rizwan Farook's brother. His name is Rahil Farook and His wife they were arrested earlier today in Corona, California, nearby in Ontario is where the wife's sister lived and she was married to another character in this case Enrique Marquez. You might remember arrested the friend of Rizwan Farook. He was arrested after the massacre and they've uncovered the -- the FBI uncovered that there was a case of marriage fraud. These two women were from Russia and appears that they came here under false pretenses. That is what the case is about. It's not in the San Bernardino massacre case, not related to terrorism charges. They are being charged with marriage fraud and conspiracy.

BANFIELD: So, Evan stand by for a minute. Joey Jackson with more on this. This sounds like marriage fraud whatever. It sounds like it's the squeeze. It's scaring people into coughing up better information about the killings.

JOEY JACKSON: In addition to that, Ashleigh, I think you want to have a deterrent value in all you do. That is that you want to put people on notice that anything that occurs the FBI's going to leave no stone unturned. They are going to find who the perpetrators are and could be? How deep this runs and bring them to justice. At the end of the day there are people who are dead here. While the charges don't directly relate to that they relate to people engaging in illegal acts that could be related to that could be related to this. And so. .

BANFIELD: All right. It would be interesting to see what kind of information comes out of additional court records. Thank you. Joe Jackson, I appreciate it.

I Want to turn now really quickly back to politics back to politics. The race for the White House focussing on the state of Indiana holding a primary next week. Donald Trump expected to start a rally there at that microphone before those flags. That is Evansville folks. It is happening in just a few minutes. We are back in a moment. >

(COMMERCIAL BREAK)

BANFIELD: Any minute Donald Trump is expected to start a really in Evansville Indiana where monitoring a live mic. But as we said before, it looks pretty presidential on that platform. Will he be? We'll going to do that in just a moment. In the meantime something else happening on Capitol Hill, the house speaker, Paul Ryan is hosting -- I love these pictures. This is CNN take your kids to work day. He invited the kids of Capitol Hill reporters to attend his weekly news conference. Look at them all getting on camera. Look what is going on here.CNN is doing the same thing. Look at all these cuties.

This is CNN's take your kids to work day. And this is what happens when 60 little kids, some of them looked like mle, actually end up infiltrating your live set. Everyone of them wants to see themselves on TV. So, it's was pretty exciting. These guys get to have breakfast and lunch. They go into the graphics department, they read scripts and do fun stuff. How has it been far, guys? Good?

Yeah.

You loving this? What's the best part so far of the day? UNIDENTIFIED MALE: Watching the movie.

BANFIELD: This part? Being on T.V.?

UNIDENTIFIED SPEAKER: Being on T.V.

BANFIELD: Do you like that part? Being on TV.

Can you see yourselves in the monitor right now?

SIMULTANEOUS SPEAKER: Yes.

SIMULTANEOUS SPEAKER: No.

BANFIELD: This is kind of last minute so, of course, this is a sort -- I would actually give these kids a bit of a talk after our show is over. But it's nice to know that Paul Ryan, the Speaker of the House. He thought it was so important to bring kids to Capitol Hill. He also said it is important to go back to his house every weekend why he took the job. He said as long as I don't have to do so much that I can't see my kids as much as I'd like to as their dad.

So, it's great that CNN does the same thing. So great to see my little guys so well behaved today. I can't believe it. Minus these two. Just kidding. They look a lot like me for a reason. Thank you for watching every one, it's been really great to have you on board today and I'm really glad we can bring the kids to you today. Our next generation of broadcasters possibly. You can stay here to continue watching CNN or you can go to cnn.com to continue watching.

All right, Everybody on three now watch wolf. One, two, three.

SIMULTANEOUS SPEAKERS: Now watch wolf.

BANFIELD: Bye-bye everybody.

WOLF BLITZER: Hello, I'm Wolf Blitzer. It is noon. 1:00 p.m. Here in Washington. 8:00 p.m. In Baghdad. Wherever you are watching from around the world thanks for joining us. Any moment now we expect Republican presidential front runner Donald to take the stage Indiana, there you're looking at the live pictures. Trump delivered -- has major foreign policies ...