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Legal View with Ashleigh Banfield
Media and the Administration; Casey Anthony Latest; Lawsuit over Administration Transgender Bathroom Directive. Aired 12:30-1p ET
Aired May 26, 2016 - 12:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[12:30:00] JEFFREY LORD, TRUMP SUPPORTER: People taking offense of something done all the time in Washington.
ASHLEIGH BANFIELD, CNN ANCHOR: Just because -- my mom always told me because your friends are doing something you can't do it, too. You know that you can't. You have to follow the rules. Jeffrey, you and I have been agreed when you get to the White House you are under a different standard than just everybody, what everybody else done and little white lies can get you impeached.
LORD: It takes more than white lies. But I guarantee in the last eight years of the Obama Administration if we went to look we would find stories in the press that, you know, allege to be, you know, sources, you know, sources in the White House or whatever and they never name them. They never say who they are. Those stories are there all the time. So this practice is a standard practice and I just think we are making a mount out of a mole hill here.
BANFIELD: All right, Jeffrey, always good to have you. Thank you and my best to your mom, too.
LORD: Thanks Ashleigh. Bye-bye.
BANFIELD: OK, Jeffrey Lord joining us live. Moving on, wild salacious allegations about Casey Anthony and her daughter, Caylee. It involves a murder confession and a relationship with her defense attorney. We're going to go live to HLN's Nancy Grace, coming up next.
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[12:35:37] BANFIELD: Some pretty wild jaw dropping claims are coming from the private investigator who worked for Casey Anthony's defense in her murder case. And they are very serious accusations too from a murder confession to an alleged sexual relationship between Attorney Jose Baez and his client seen here, recent photo back, Casey Anthony. And it even goes as far as a meeting with a money launder for El Chapo, like I said, serious accusations.
It's been almost five years since Casey Anthony was acquitted. A first degree murder and the death of her two-year-old daughter Caylee, but she is still fighting legal battles including a bankruptcy case. That's where it gets interesting because in the bankruptcy case a newly released court documents show that investigator dominate Casey is laying out is his deposition. A lot of bomb shells about the murder case.
For starters, he claims that Attorney Jose Baez told him Casey Anthony admitted to killing her daughter, Caylee. Dominic Casey also claims that he saw Casey naked in Jose Baez's office. Baez is vehemently denying this allegation. He's threatening legal action and saying and I quote, "I unequivocally and categorically deny exchanging sex for my legal services with Ms. Anthony. I further unequivocally and categorically deny having any sexual relationship with Ms. Anthony whatsoever. I have always conducted my practice consistent with high ethical standards required of members of the Florida Bar. My representation of Ms. Anthony was no exception." Again that is the statement of Jose Baez.
Nancy Grace is covering this case as well. Nancy Grace stopped in that courtroom and Nancy Grace probably knows more than anybody about this case from (inaudible) and she's with me live. Nancy, thank you for joining me on this.
You're one of the first people I thought of this because you and I sat beside each other in the courtroom.
NANCY GRACE, HLN HOST, NANCY GRACE: Yeah. I remember that.
BANFIELD: All these years later to see these claims and I have to stress, Nancy, they are allegations, they are claims. There's a guy with the dog in the fight saying these things. But they're out (inaudible) they're in the case. What do you make of this?
GRACE: Well, when you say they are claims, that is true. However, they are sworn statements in an affidavit in a court of law. So, did he commit perjury? I don't know. We ever find out. And everyone seems to be latching on to the salacious allegations here that when the P.I., the private investigator Dominic Casey comes unexpectedly to Baez's office on two occasions. Casey Anthony thought mom running from one office across to a conference hall, I think it went.
You know, I'm a lot less concerned about Casey Anthony thought mom naked than I am about another claim and it reads and I'm going to quote it "verbatim" so there is no leeway for this to be misconstrued. This is what the defense private eye thought mom, Casey Anthony's private eye says in a sworn document.
Saturday July 26, 2008 Baez tells me Casey has murdered Caylee, dumped the body somewhere and he needed all the help he can get to find the body before anyone else did. He also suggested if I can gain access to the swamp -- on suburban drive, I'm sure you remember, Ash, that that's about 10 houses down from the Anthony home without being seen to do so because it could be the place Casey had dumped Caylee's body.
Now, that's what has me very upset about this. This might can help but wonder how that Florida jury is feeling about right now when they are hearing this. Now, is it true? It's what the private eye says under oath.
BANFIELD: Under oath.
GRACE: Yeah.
BANFIELD: And I think we have to repeat that. These are accusations that have never been litigated. And speaking of litigation, Nancy, what's really sad here is it's not going to get litigated. There's no investigation is going to jump into this and say we need to bring Casey Anthony. She was exonerated. She was acquitted. You have double jeopardy that plays in here. You can never go back ...
GRACE: Never go back.
BANFIELD: ... to this case in this respect in a criminal way. Can you?
GRACE: Cannot do it.
[12:40:02] Now, another thing is bias to our program said this is absolutely untrue, did not have sex with her. OK, again, I'm not as worried about that. That's a bar issue. You know, if someone alleges that at him and he wants to fight it, they can take it to the Florida Bar. I'm concerned about this child being murdered. That's my sole concern here. No, you're right, Ash. It can never be re-litigated. Double jeopardy is in and she got on top of the Empire State Building and said I did it still cannot retry her.
BANFIELD: Yeah.
GRACE: So these are serious allegations. I'm going to -- I'm watching to find out if anyone is going to advance a perjury charge. That will be the litmus test.
BANFIELD: That'd be fascinating.
GRACE: Yeah.
BANFIELD: And, of course, even feds can't come up with the murder charge either. There's really no crossing the state line or interstate commerce or anything. But I got to leave it there. Nancy, as always, thank you. I knew you ...
GRACE: Thanks Ash.
BANFIELD: ... would know exactly what was up with these documents and put them in perspective ...
GRACE: Taught mom. It never ends, right?
BANFIELD: God, I know. But I like seeing you. So that's the only ...
GRACE: Likewise.
BANFIELD: Thank you, Nancy. By the way, everybody, you can watch Nancy or her HLN show 8:00 p.m. Eastern time.
11 states have now come together with a few other groups, as well. And they are pushing back at the federal government. They are suing the Obama administration over the administration transgender bathroom policy and the push the administration gave them on it. Texas is leading the charge in all of this. And I'm going to have the Texas Attorney General right here live. We're going to find out what he hopes to accomplish with this litigation. That's next.
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[12:45:36] BANFIELD: Nearly a dozen states are taking issue with President Obama's transgender bathroom directive. So much so that they have filed the lawsuit against the White House. The president's order says that schools have to let transgender students use the restroom that matches the gender they identify with.
The 11 states in the lawsuit are now asking a court to block the federal government from enforcing that directive. They argue that the policy is, "A massive social experiment." And joining us now is Texas Attorney General Ken Paxton. His state is one of the 11, leading group on the challenge.
Mr. Attorney General thanks for joining me. Very kind of you to do this. Thank you. So many questions ...
KEN PAXTON, TEXAS ATTORNEY GENERAL: Yeah. Thanks for having me.
BANFIELD: ... and let's get them all if we can. I am still trying to get my head around what you are trying to gain in the lawsuit? What are you suing for? Because as I see it federal government wants to pull money from you, (inaudible) money for you if you don't follow what they say is the law. So what is your lawsuit alleging?
PAXTON: So, earlier in your program you talked about the president has to follow the rules I think he said something like this. The rules here are the U.S. Constitution. The constitution provides that Congress makes law and they can change law. In this case these statutes have been in place since the '60s and '70s and Congress hasn't made this change. The president now is come in and changed the law and expects us to follow it. That's not the way the constitution works. So if you they want to change this, this needs to be Congress.
BANFIELD: You are so much better at this than I am. So, you'll have to help me model (ph) through it. But, it's not so much changing the law as I see their position as it is saying what the definition of sex is. Because I think it all comes down to the definition of sex and that is a protected class.
So they would then fall under the protections of the Title IX funding. So if we're going to redefine sex as you say it, then your position would be right, but there is a lot of debate over that and a lot of case law says that sex protected class -- it does incorporate transgender people.
PAXTON: Now, actually, if you read the statute, Congress is clearly defined what they mean by sex and it does not include the category you are about. So, our argument is ...
(CROSSTALK) BANFIELD: Congress may have made that definition and by (inaudible) law several cases have actually come and said, no, you're now -- that protected class of sex does incorporate transgender which is what the feds are saying to you since we now have established that sex incorporates transgender you got to go with that.
PAXTON: No, that's not actually right. So, there are certain statutes that do include gender identity. But this particular statute Title IX and Title VII which were -- what we're taking about here does not include the definition you're talking about.
So, you know, this is the law. If Congress wants to change it, fine. But it's not the president -- the president doesn't have the ability to change law. Obviously, this is the battle we're going to have in court, the exact one you're talking about right now.
BANFIELD: Yeah. And I think it will go all the way. I mean it just seems so much on both sides here. Here is a question for you, though. I keep going back to the amount of effort and time and work that both sides are having to put into this, you would assume is a massive problem. And I know you've been asked this question before but I'm just going to go there again. There are 17 different states that have protections for transgender people using the bathrooms, you know, with which they identify, the sex they identify with. And we could not find one incident of people who were abusing that. And posing to go in and molest kids or molest young women. We did find a protester in Washington State who does not identify as a woman and yet as a protest went into the women's restroom. But I'm kind of looking for the problem that you're trying to solve since I can't find cases in actual states that have the protections.
PAXTON: Well, you're making my point. This is a solution in search of a problem. President offered up these guidelines. These are not our guidelines. Our argument is exactly what you're saying. This is a broad policy that's being created by the president that doesn't address a problem. They don't even tell us what the problem is. So, you are making the point that we ...
BANFIELD: Although I will say the problem is there. There have been a lot of, you know, assaults and abuses of transgender people. They have been abused, assaulted and in cases murdered. There is a problem there and it is terrifying for a transgender girl to go into a men's bathroom because that is what your law would say they have to do.
[12:50:10] PAXTON: Sure. And there's a way to resolve that and that is have elected representatives make the decision that they want to change the definition of sex in Title IX or Title VII. And so, we're, you know, that's a political decision that outside of what I do. I enforce the laws as chief legal officer, I enforce the law and we worry about the safety of children and our citizens.
BANFIELD: I look forward to continuing our conversation, Mr. Attorney General.
PAXTON: Absolutely.
BANFIELD: Thanks so much (inaudible). I do appreciate it.
PAXTON: Hey, thanks for having me. I Appreciate it.
BANFIELD: Yeah, my pleasure.
PAXTON: Absolutely.
BANFIELD: That's for sure.
Coming up, Donald Trump expected to speak very soon ahead of a campaign event in North Dakota. We are monitoring that and we're going to bring it to you as soon as that begins. Live mics are ready. Don't go anywhere.
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BANFIELD: Soon, Donald Trump is expected to take to that live mic on your screen. This is in Bismarck, North Dakota. Close where I'm from in fact. We're going to expect him to speak at about 1:30 Eastern Time. It could be a little before. I could be a little after. It's live and fluid. So we're going to watch it for you. We're going to bring it to you just as soon as it start.
At the same time Hillary Clinton is expected to speak to a union in Las Vegas. And that's supposed to start just a few minutes from now. They are ready to go with their live mics, too. So, we're navigating and you're going to get it all live as it happens.
[12:55:06] You probably heard this issue about some of the nation's bridges, bridges that you drive across every day probably look just fine and they are literally falling apart. I don't want to alarm you about this but this is a simple fact and needs to be told. Bridges all over this country are cracking and crumbling and full of lead paint and dropping chunks of concrete below. 60,000 of them. 60,000. You heard right. Bridges in America need six things, but there is less money and less time it seems to find that money. And we are all sort of curious as to why especially CNN's Rene Marsh who took a closer look.
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RENE MARSH, CNN AVIATION AND GOVERNMENT REGULATION CORRESPONDENT: 68,000 vehicles cross the Arlington Memorial Bridge between D.C. and Virginia every day. This is what drivers don't see.
It's just eroding and the concrete is falling off. We have to wear masks and gloves inside of the bridge because this paint is all lead paint. Now this beam is helping to support the bridge. And if you take a look it is badly corroded. I mean you see how thin that seal is. You see holes in the steel.
The original support beams from 1932 have never been replaced.
RAY LAHOOD, FORMER TRANSPORTATION SECRETAR: We are like a third world country when it comes to infrastructure. MARSH: Federal government spending on infrastructure had declined 9 percent from 2003 to 2014. Every state has some degree of bad bridges that need to be repaired. From Los Angeles where trees are growing out of cracks in this bridge to Chicago where netting is in place to protect drivers from falling concrete.
UNIDENTIFIED MALE: The reason we have 57,000 deficient bridges is because we are not made the investment as national government.
MARSH: Former transportation secretary Ray LaHood blames Congress for failing to raise the gas tax in 23 years which funds projects like bridges and roads.
Have you been against raising the tax because it is bad politics?
REP. BILL SHUSTER, (R), PENNSYLVANIA: First of all the economy hasn't been great. Raising the gas tax doesn't solve the long-term funding problem.
MARSH: As Congress tries to figure out this long-term solution bridges are crumbling. So what do we do right now?
SHUSTER: Well, our bill, the FAST Act which we passed in December, the president signed it a law. We put more dollars into focussing on the critical infrastructure.
MARSH: His Republican colleague disagrees.
REP. JIM RENACCI, (R), OHIO: It's funded for five years but we use ten years worth of gimmicks to pay for it. These are the things that don't make sense.
MARSH: Anthony Foxx is the current head of Department Of Transportation. Isn't everyone guilty, I mean, when Democrats were in control of Congress this situation was what it is today, as well.
ANTHONY FOXX, TRANSPORTATION SECRETARY: I think every year we go by the challenge gets that much greater. And that's why we don't have another moment to waste.
MARSH: Researchers at the University of Michigan believe they may have a solution, a bendable concrete that can heal itself from cracks.
PROF. VICTOR LI, UNIVERSITY OF MICHIGAN: How about if we set our targets towards creating infrastructures that will last 100 years.
MARSH: Regular concrete can fail quickly and suddenly. But Professor Victor Li says the bendable concrete can withstand a force hundreds of times more powerful. This video shows how it responds to pressure. Cracks heal themselves with the help of air and water. The technology lines portions of this bridge in Michigan. The hope is it could help already crumbling bridges like the Memorial Bridge near the nation's capitol.
(END VIDEO CLIP) BANFIELD: And they look so nice from the top but not so much where Rene Marsh spent a fair good of time underneath looking at the real guts of it all. The money that it would take to fix the problems, where would it come from?
MARSH: Well, that bridge, Memorial Bridge $250 million is need to make all of the repairs. They have applied for a grant but they likely will not get all $250 million. If they don't find the money that bridge is shutting down in the next five years.
BANFIELD: Wow.
MARSH: So this is a race against time to identify where to get that money from.
BANFIELD: This drives me crazy. I can't imagine how can you politicize this danger, you know, that sort of thing. But what do we know about the candidates and how they feel about this kind of money?
MARSH: I do want to say although, you know, although, we see those bridges in that condition there are inspectors that go and look at these bridges especially the really bad ones because what they don't want is a deadly collapse. So those inspections happen very frequently. You talked about the candidates, they have been talking. Hillary Clinton yesterday she unveiled her plan. She says in her first 100 days in office she is prepared to release infrastructure plan how to correct problems we found in her first 100 days. Donald Trump, though, when go into his website don't see much detail yet.
BANFIELD: Yet. But there's your story out there on the national news: Rene Marsh, as always, thank you so much. Don't forget, Rene Marsh, at the big piece coming up on Erin Burnett tonight 7:00 Eastern on CNN. So we'll look forward to that, as well, furthering this investigation.
Thank you, Rene. Thanks for watching everyone. Good to have you here at Legal View. Stay tune, Wolf starts now.
WOLF BLITZER, THE SITUATION ROOM, HOST: Hello, I'm Wolf Blitzer in Washington.
