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Legal View with Ashleigh Banfield

Navy SEAL Killed In Firefight With ISIS In Iraq; Clinton and Sanders Locked In Tight Race In Indiana; Clinton Says Her Coal Comments Were A "Misstatement"; Voting Underway In Indiana Primaries; Teachers In Detroit Say "No Pay, No Work"; Detroit Parents Scramble For Second Day. Aired 12:30-1p ET

Aired May 03, 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] ASHLEIGH BANFIELD, CNN ANCHOR: A breaking news in to CNN. A United States Navy SEAL has been killed in a fire fight with ISIS in Iraq. It happen just North of Mosul when enemy fires were able to break through the front lines of those protecting forces, the Kurdish forces.

Well, no feat like that goes unmatched. In response, the United States launched Boeing F-15s and drones and more than 20 bombs hit those enemy targets.

I want to bring in Pentagon Correspondent, Barbara Starr and CNN Military Analyst, Major General Spider Marks.

Barbara, you know, we have been told that these U.S. Special Forces, many of them operating as advisors were not operating on front lines. Were in relatively safer positions and then this happens. Can you explain how exactly it happened?

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Well, let's talk about the lay of land up there, Ashleigh. Indeed, you're right. They work as military advisors. They do not go out in a combat role on a combat mission. Their rules require them to stay back behind the front lines, but out on the battlefield at a relatively safe distance but it's very dangerous work.

In this case, we are told that the U.S. advisors were 3 to 5 kilometers behind the Peshmerga front line when ISIS broke through.

There will certainly be a look at how ISIS was able to do that. It's obviously, it's something that the U.S. is going to want to take a very firm look at especially as they are sending in more advisors.

But the feeling is that the U.S. troops have to be out there somewhat, they have to be able to and help the Peshmerga fighters, the Iraqi forces as close to the front line as they can.

So it's always that basic question. Is it combat, they didn't go out on a combat mission assigned to them. But combat comes to them. It is a very dangerous business out there. Ashleigh.

BANFIELD: Indeed. Barbara, hold that thought for a moment and let me get General Marks on this. So Barbara just said a very firm look that the U.S. will be taking a very firm look at how our forces are operating. She also told you 3 to 5 kilometers behind those front lines. Will that change Spider Marks after one U.S. death? I'll be the Navy SEAL, but one U.S. death.

JAMES "SPIDER" MARKS (RET.) MAJ. GEN., CNN MILITARY ANALYST: You know, Ashleigh, well, certainly the United States will certainly investigate what happens so they can figure out if they have to change some of the procedures or possibly tighten up or in some cases, possibly loosen the rules of engagement. But the thing is, after 15 years in combat, I think what we've understood with a really asymmetric type of enemy is that there is no front line. And we try to define that and we try to make it as clear as possible. But there is so much unknown out there and especially when you're conducting these kinds of support missions with local indigenous forces.

And frankly, the Peshmerga are quite good at what they do. They own the land where they're fighting. They're very, very intimate with it. But things like and the abilities that ISIS has routinely been able to deploy and display, we shall not take as a surprise.

And sadly you -- we lose a great serviceman like that and there's always tragedy around that. But we have to double our resolve to make sure that doesn't happen again. But we can also accomplish our missions.

BANFIELD: Spider Marks, appreciate having you on. Sorry it's a -- to talk about that. But do appreciate your insight, Barbara Starr, as always, thank you for your report as well from the Pentagon.

Coming up next, back to politics in today's make or break day in Indiana. It's the primary there. Is Indiana do or die for Bernie Sanders, a must-win for Hillary Clinton? Choose any cliche you want. Any way you look at it, this is a big old deal.

[12:33:45] We're going to break down the Democratic race just ahead.

(COMMERCIAL BREAK)

BANFIELD: Indiana primary day. Democrats locked in a tight race for that state's 83 precious Democratic delegates.

Senator Bernie Sanders in Indianapolis and discussing jobs with a local business owner there, Hillary Clinton on the other side, she's in West Virginia where she held a panel on substance abuse this morning. So she's not in Indiana, interesting.

Chris Frates is also interesting, keeping a close eye on this Democratic race and joins me live from Indianapolis. So she's not even bothering to campaign in Indiana today and really bringing down the expectations there even though the last I checked, she was slightly ahead in the poll. So give me the rest of the story.

CHRIS FRATES, CNN CORRESPONDENT: Well, I'll tell you, Ashleigh, when you talk to the Clinton campaign, they are, in fact, managing the expectations here and saying that they wouldn't be surprised if Bernie Sanders wins today. And they give you a couple reasons for that, number one, he spent $2 million here over the last few weeks in Indiana advertising. The Hillary Clinton campaign hasn't spent any money.

Also if you look at the Democratic here, it is a predominantly white state. And Bernie Sanders does better with white voters than Hillary Clinton does.

And then lastly, it's an open primary. That means that the independent voters get to vote in the Democratic primary. That's huge for Bernie Sanders and it has been good for him going forward.

Now the Sanders people, they're not saying they're going to win here but they feel pretty good. They have been touting the U.S. steel workers endorsement. That's big here in the manufacturing state. And Hillary Clinton, as you point out, hasn't been campaigning here for the last few days. But in fact, she was in West Virginia yesterday where she apologized for something she said during a CNN town hall back in March. She said that the coal companies and coal workers, her administration would put them out of business.

[12:40:02] Now, just yesterday she said that was remark was taken out of context.

Let's take a listen to what she had to say.

(BEGIN VIDEO CLIP)

HILLARY CLINTON, (D) PRESIDENTIAL CANDIDATE: I'm the only candidate which has a policy about how to bring economic opportunity using clean renewable energy as the key into coal country. Because we're going to put a lot of coal miners and coal companies out of business.

I don't know how to explain it other than what I said was totally out of context from what I meant because I have been talking about helping coal country for a very long time.

(END VIDEO CLIP)

FRATES: So there you have it, a pretty big mea culpa from Hillary Clinton in coal country ahead of the big primary next week in West Virginia. But the Clinton folks saying, even if Bernie Sanders does eke out an upset here today in Indiana, they aren't so worried about it, Ashleigh that's because remember, it's a proportional system. So Hillary Clinton would have to lose by a huge margin here in order for Bernie Sanders to eat into her delegate lead. They don't think that will happen and they're already looking ahead to coal country. West Virginia, Kentucky, Ohio, some of the states that are next up.

So we'll keep an eye on all of that throughout the day because it's all going to make a difference as we come to convention time, Ashleigh.

BANFIELD: Words matter. They certainly come back over and over again as many candidates will tell you.

Chris Frates, thank you very much from Indianapolis, standing by live.

So much more to talk about in the tight, tight Democratic race, even if Bernie Sanders wins, would that be enough to keep him from going. And maybe most importantly, to keep that all important money flowing in because guess what, Clinton is bringing in tons.

We'll show you how much and why this one little card made all the difference. Next.

(COMMERCIAL BREAK)

[12:45:42] BANFIELD: Indiana primary and some live pictures for you folks. The ballot cam in Terre Haute, Indiana. Folks making their decision in today's primary. Want to talk about what's at stake for the Democrats and what happens after these people finish their vote and it's all tallied up.

I'm joined by Miami Beach mayor and Hillary Clinton's supper Philip Levine and CNN Political Commentator and Bernie Sanders supporter, Sally Kohn.

So there's a lot going on, even though Cruz stole a lot of today's headlines ad thunders with that, you know, big, I'm not so sure I like trump speech, if you could call it, but let me ask you this, Mayor. If Hillary hasn't spent whole a lot of time in Indiana and she hasn't, she spent almost no money on ads there. She's barely held a rally, you know, I just not been her focus and down playing expectations. If she doesn't win Indiana, do they care? Do they honestly think it's not important, to their ultimate goal?

MAYOR PHILIP LEVINE, (D) MIAMI BEACH, FLORIDA: Well Ashleigh, I think every state, every single voter is important.

BANFIELD: That's what I thought.

LEVINE: There's no question about it. And she's been to Indiana, President Clinton has been there, Chelsea Clinton has been there. Today, she's in West Virginia. I mean, it's very, very important what she's doing in West Virginia. Making sure that the coal miners industry and the coal miners understand that she's there for them with these $30 billion rehabilitation plan, it's very, very important.

But listen, there's a large country. She's campaigning to every state, every town, everywhere she can get to. She's one person. But of course, as far as your question, listen. We'd love to win Indiana. I think we will win Indiana but as we know the delegates are dispersed proportionally and right now the math is the math.

BANFIELD: So Sally Kohn. Look, whatever you say about Bernie Sanders' momentum and his money is down and all the rest, this is his state. I mean, this is almost 80% white. If there's a state that Bernie Sanders can win, it's the Indiana. So if he does not win Indiana tonight.

SALLY KOHN, CNN POLITICAL COMMENTATOR: Yes.

BANFIELD: Is it game over? KOHN: No. Look, first of all, heads up for everyone who's been watching this election for the last 300 years but it's been going on. It is not over at any point apparently like it's just not. We all apparently wanted to be over. It's not ending and the Democratic side, it certainly not going to end tonight. Because, look, I think it's close. I don't know which way it will turn out. I forgot my crystal ball at home.

But Bernie Sanders made clear even if he can't get to the delegate count, he will continue going to the convention because of the larger movement, the issues he represents. The transformation both of the Democratic Party platform and Democratic Party itself, engaging young voters and making that party more populist, more progressive and frankly more accountable to where the country is at right now.

BANFIELD: I think all of that.

KOHN: That's going ahead regardless to what happens.

BANFIELD: What is the moral issue here? Is it morally over? Because Donald Trump is just in the last 24 hours saying, yeah, I'm going to use one of those Bernie Sanders if I'm going to tee it up.

KOHN: Oh yeah, yeah. Well ...

LEVINE: Sally ...

KOHN: OK. First of all, on the moral side ...

BANFIELD: Let's wait for those who didn't know ...

KOHN: Yeah.

BANFIELD: Bernie Sanders says at one point that Hillary Clinton wasn't qualified. Now since that he walked it back but Donald Trump is seizing on it. You said he says his going to tee it up for the general. That's the kind of thing I'm talking about. Morally. She can be continuing in after Indiana, if he doesn't win.

KOHN: Well, first of all -- when it comes to morals, I feel like the Democrats are on pretty solid ground this year, electorally compared to the Republicans ...

LEVINE: I would agree with Sally about that. There's no question about that.

KOHN: Now I also think thankfully, and thankfully for folks, I think like both of us who want to see a healthy debate in the Democratic Party but don't want to see the sort of deep infighting. You know, Bernie Sanders and Hillary Clinton have both changed their tune, I think, in the last week, we've seen Bernie be much more praise worthy and supportive of Hillary while still emphasizing their differences.

LEVINE: But Ashleigh, I think ...

KOHN: And I think that's going forward. LEVINE: ... we know. I mean, obviously where the direction is. The math is the math. Secretary Clinton is ...

BANFIELD: And the money is the money.

LEVINE: And she's on very well.

BANFIELD: Show that little card. I keep coming back to this card because it might have been gimmicky but it brought in a ton of money that that woman card, $2.4 million in over three days ...

LEVINE: Incredible.

BANFIELD: ... by Donald Trump's attack plan.

KOHN: One in gimmicky. It all turns out women hate sexist attacks.

LEVINE: And you think about this stuff. I think what's happen now of course and all do respect to Senator Sanders because he's done so much for this party and want to see his people supporting Secretary Clinton it's going to happen but at a certain point, remember Monty Python movie the Holly Grail. Do you remember when the black knight was protecting that little bridge? And at some point for King Arthur and he cut arms off and he cut his leg off and he just finally said "There's nothing but a moral -- a flesh you are.

BANFIELD: Don't be flesh with him.

LEVINE: Don't be a flesh with him. Then of course he let him pass through. I think we're at that stage right now.

[12:50:04] BANFIELD: Yeah, well, it's fascinating to watch on it. Here the other issue. Both of you need to weigh in on this. Does it even matter that the headlines, the wind is being suck toward Ted Cruz today with that whole dumping on poli mix on Donald Trump. The news cycle is really favoring the Republicans today and not much of the Democrats. Does it matter on Election Day?

KOHN: I think people really need to understand the history in Indiana. Indiana was once known for being the state that had the most powerful KKK in the country. 1924, the KKK elected the governor of Indiana. Indiana is a deeply not only socially conservative but very racially divisive and divided state. And look, it's not going to be a surprising to see a Donald Trump landslide there and I think it's moving the country backwards.

BANFIELD: I think there are million who would say that there was long time ago as well.

LEVINE: Sure but I guess ...

KOHN: Backwards than -- yeah, but1924 isn't that long ago, Ashleigh, come on.

BANFIELD: There are many voters have been watching today here at Indiana. I'm going to stick up to you. KOHN: I'm not saying ...

BANFIELD: ... they would absolutely prevail that.

KOHN: I'm not saying the voters of Indiana are active KKK members.

BANFIELD: Yeah.

KOHN: But I'm saying, I'd like to see that state and our country move away from that kind of hatred and divisiveness instead of voting for a candidate who stands for it again.

LEVINE: I got to tell you Ashleigh what I thought, you know, I'm the Mayor of Miami Beach and we've got a lot of incredibly successfully, amazing Cuba-Americans. And to see what Donald Trump said about Cruz's father, Rafael Cruz and saying he was somehow involved in the assassination of JFK was disgusting, it was horrible, despicable and shows where Donald Trump stands on immigrants in our country.

BANFIELD: And Ted Cruz Jump on and said ...

LEVINE: And I'm going to tell you.

BANFIELD: ... responsible for the death of Elvis.

LEVINE: And I got to tell you, I think with the first time ever I agree with Senator Cruz today.

BANFIELD: Great to have both of you. Mr. Mayor thank so much for being here.

LEVINE: Thank you.

BANFIELD: Also Philip Levine and Sally Kohn, always thank you for your perspective. Well watch tonight the critical.

Coming up next, nearly every one of the Detroit public schools is closed today, and that would be day two specially if you're one those parents watching us at home right now because you couldn't go to work because you have to look after your kids. Instead of teaching the classes the teacher are doing this. They are out in the street kind of teach school official a lesson. What is the lesson? We'll explain next.

(COMMERCIAL BREAK)

[12:56:23] BANFIELD: 94 of the 97 Detroit public schools are closed again today. Parents left scrambling for two days in a row to figure out what to do with their kids who can't go to class. As more than 1500 teachers call in sick in protest after learning over the weekend that the district only has enough money to pay them through June 30th.

Ivy Bailey is the Interim president for the Detroit Federation of teachers and she joins me now from Detroit. Ivy, thank you for being us. It's a very complex issue and I'm going to ask you to try to make it as simple as you can for us. I get it when a teacher said if you are not paying me, I'm not going to work. What's the bigger problem here? When it comes to the government not okaying the teaching package, are the teachers asking for too much? Is the government fighting that? Where's the problem?

IVY BAILEY, INTERIM PRESIDENT, DETROIT FEDERATION OF TEACHERS: Well, the teachers are not asking for too much. What the problem is properly funding the Detroit public school system. That's the issue. The issue is proper funding.

BANFIELD: But I mean, proper funding. That's a general term, but some have said there's some additions to one of the bills and that's what's sort of getting everybody stuck in place. They call them sort of polarizing additions the restrictions on collective bargaining, retirement benefits, you know, elections, and things of that nature. Are these the kinds of things that can be negotiated so that everybody can get back to work and bill can pass and the paycheck can start flowing again?

BAILEY: Yes. That's correct. But, you know what, right now, the issue, and we've had several issues over the last couple of months, but the issue right now is that teachers who are on what we call 26 pays and express their pay over, they are not going to be paid after June 30th. So when you do the calculations, technically, as of last Thursday, any day that those teachers work there are not being paid.

BANFIELD: All right, so there's a comment from the state Speaker of the House. His name is Kevin Cotter. This comes with via the Detroit free press. I don't think you're going to like what he has to say but I'm going to put his statement on the air.

He said these egotistical teachers have lashed out at the children who rely on them and accomplished nothing but disrupting their students' education. Their selfish and misguided plea for attention only makes it harder for us to enact a rescue plan and makes it hard for Detroit's youngest residents to get ahead and build a future for themselves.

I'd love to get your reaction to that and your reaction to that and also your reaction to say, the House and what its responsibility is to pay those people it wants to look after those kids?

BAILEY: So my reaction is, and I did read what Cotters said and he always makes statement of that sort. Teachers are not being egotistical. Teachers are being advocates for students and what's happening here, you're putting it on the teachers but the job is up in Lansing. It's the legislator's job to do the right thing and to make sure our people are paid appropriately.

BANFIELD: So but who's at fault? Because both Houses, the House and the senate at the state level are Republicans. Are they fighting with one another? Are they both fighting with the teachers union? Where is the critical problem? Where does it need to be identified so that you can get to work right on that moment?

BAILEY: First of all, the problem needs to be identified by them in the House and Detroit, Michigan has been up on the emergency management for the last ten years, if not a little more. But technically, under the last ten years. So who did that? The state did that. The state needs to look at why, when emergency managers first came in, then we had a surplus and when the emergency managers left, we had a $515 million deficit.

[13:00:01] And they also need to look at why no one was held accountable for that deficit. And so now you want to blame it on teachers who go to work everyday and do their job they're supposed to. And then, you want to get upset because we want to be paid to do our job? Like, really? This is America. You work, --

BANFIELD: Wow.

BAILEY: -- you get paid.

BANFIELD: (INAUDIBLE), I agree with you there. We'll have to leave it there and see where this goes. The best of luck to all of you to resolve this. Thanks for being with us.

BAILEY: Thank you.

BANFIELD: And thank you, everyone, for watching LEGAL VIEW. To continue watching CNN, you can stay right here or you can online, too, to watch it, CNN.com. "WOLF" starts right now.