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Sanders to Endorse Clinton; Stock Trading Near Record High; District Attorney Recuses Himself from Case; Trump Candidacy; Ruth Bader Ginsburg Slams Trump. Aired 9:30-10a ET

Aired July 12, 2016 - 09:30   ET

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

[09:30:00] TRACY SEFI, CLINTON SUPPORTER: Really important strides that you noted, Ana. And I think that there's more of that, that we'll see. Most importantly, we know that over 85 percent of Senator Sanders' supporters have already said they will vote for Hillary Clinton. So now the focus is on this general election and the choice for Hillary Clinton or Donald Trump.

ANA CABRERA, CNN ANCHOR: So, Tracy, are you just writing off supporters like Gary who say right now there's no way he's going to vote for Hillary Clinton?

SEFI: Absolutely not. And, again, I do respect the choice of my voter. And I also respect the fact that we had a contested primary. That's what our democracy is for. That's what all of this attention and excitement and analysis is about. It's about getting to the point to make that choice.

So certainly we hope that her numbers continue to rise. We hope that her supporters grow and that Senator Sanders, his support, and the support of so many of his own people will cause people to really think carefully about ultimately joining the unified Democratic Party.

CABRERA: We know Donald Trump would like to see some of the Sanders supporters come join him. In fact, just as this show was getting started here today in the last half hour, we heard from the Trump campaign, who released the top five reasons Sanders supporters will never be excited about Hillary Clinton. And just to tick through a few of them, he talks about Clinton backing, in his words, virtually every trade agreement that has cost the workers of this country millions of jobs. He says she's in the pocket of Wall Street. He called Clinton equal to the establishment. Are these the reasons that you won't back Hillary Clinton? Is this the root of your angst, Gary?

GARY FRAZIER, EAST COAST COORDINATOR, BLACK MEN FOR BERNIE: That's mainly what it is. I mean -- and then primarily because we -- we continue to see what the urban communities across this nation that we are always the ones who are left out. These folks show up and they want our support and votes. You know, they want us to support them, but when it's -- when elections are all said and done, it does not benefit those who are in the disenfranchised communities. It doesn't -- it doesn't benefit any of us.

CABRERA: So would you support Trump? FRAZIER: No, definitely not. We would -- we would -- we would explore

our options for a third party candidate. Look, we're not coming back to the Democratic Party. You cannot expose us to the corruption of the Democratic Party and then ask us to get back in line with that same corruption. It's just not going to happen. You can't ask us to honestly do that. We honestly want to --

CABRERA: So, Gary Johnson?

FRAZIER: Absolutely. Absolutely. Those are options that we will definitely explore. We have third party options. And we understand the way the game is played. We know right now that we are the ones that are in power. And if we were not -- and I want to correct her -- you don't have 85 percent of Sanders supporters. We have 55 percent of the supporters in this country right now that say that they will never vote for Hillary Clinton. So that's where we are at with that. We will take our options other ways, but we will not cast a vote for a corrupted system.

CABRERA: All right, we'll have to leave it there. Gary Frazier and Tracy Sefi, thanks for joining us.

FRAZIER: Thank you.

CABRERA: Opening bell just rang on Wall Street. What will it bring today? As you can see, the Dow currently up right now about 86 points. And Alison Kosik is at the New York Stock Exchange with more now.

Alison, we know stocks hit a record high yesterday. Apparently the fallout from Britain's plan to leave the European Union seems to be dissipating, so can we expect more gains today, do you think?

ALISON KOSIK, CNN CORRESPONDENT: We are seeing green arrows. In fact, I'm also seeing two words floating around Wall Street this morning, Ana, record high. The S&P 500, as you said, closing yesterday at its highest level ever, beating the previous level that it's been carrying since last May.

And this is the one you want to track because this is the index that your 401(k) tracks. The S&P 500 is amazingly up 215 percent since hitting a bottom during the recession. That's put an incredible $12.6 trillion into the pockets of investors.

The Dow is close behind. It only needs to tack on another 85 points, which it right now has done, to get to its own record high.

So why this rally? Well, the market's recovered a lot from a crash in oil to worries about China. It's recovered from the Brexit. But the concern now is earnings. Earnings season is ramping up and results, Ana, are expected to be weak.

We are keeping our eye on Amazon shares. They are dipping a little bit. They are having their big Amazon Christmas in July sale. We are reporting some -- they are reporting some problems in the checkout and they say they are looking to fix those problems for people looking to check out for Amazon's big shopping extravaganza today. Ana.

CABRERA: All right, Alison, keep us posted. Thank you.

Still to come, the Baton Rouge district attorney takes himself off the Alton Sterling case. Why he says his ability to be impartial could be a problem.

(COMMERCIAL BREAK)

[09:38:53] CABRERA: Checking top stories.

A deadly day at a Michigan courthouse. Officials say an inmate, Larry Gordon, was able to grab a deputy's gun. Then he shot and killed two bailiffs. He continued shooting, hitting a deputy and a woman. Then he even took some hostages. He eventually was shot and killed himself by additional officers who were there at the courthouse.

Now, the lawyer for the Minnesota police officer who shot Philando Castile says there is more to the story than is being told. Lawyer Thomas Kelly says Castile wasn't just stopped for a broken taillight. He actually matched the description of an armed robbery suspect and that was a big part of this encounter. Now, Castile was shot last week and killed during a traffic stop. His fiance streamed the aftermath of the shooting on FaceBook live. We'll hear from Castile's family in just over an hour from now. Stay with us for that. And we -- also we've learned they've hired TV Judge Linda Hatchet as their legal counsel.

Meantime in Louisiana, a new twist in the investigation into Alton Sterling's death. The East Baton Rouge district attorney has recused himself from the case citing a possible conflict of interest. We're also learning more about the store owner, whose surveillance camera is the one that captured all this on camera.

[09:40:04] CNN's Boris Sanchez is joining us live in Baton Rouge.

And, Boris, that store owner has now filed a lawsuit against police.

BORIS SANCHEZ, CNN CORRESPONDENT: That's right, Ana. That lawsuit -- some very serious allegations in that lawsuit. I'll get to that in a moment.

But you mention the East Baton Rouge district attorney, Hillar Moore, recusing himself from the case, essentially saying that he's simply too close to a family of one of the officers involved in the shooting, Blane Salamoni. He says that he and Salamoni's mom have gone over more than 400 homicide cases together and that Salamoni's father is part of the security detail charged with making sure that the district attorney is safe. So in order to avoid any public perception that perhaps he was partial in this case, he's simply stepping aside for this one. It's something he said that he warned officials very early on that was a possibility, that he would recuse himself.

The other big thing that's making news is that security footage from the Triple S Mart where Alton Sterling was killed. Calls growing louder and louder for that footage to be released. And it's now central to that lawsuit filed by the owner of the mart, Abdullah Muflahi. He says that police illegally confiscated that security footage and his cell phone, both without a warrant, shortly after the arrest. He also says he was held for six hours, four of those in the back of a police car, without being able to call either his family or an attorney, obviously, which is a legal right here.

Aside from that, we called the Baton Rouge Police Department to ask them about this lawsuit. They tell us they do not comment on pending litigation, although they did tell us that the security footage that they collected from the mart has been handed over to the Department of Justice, Ana.

CABRERA: All right, Boris Sanchez, thank you, from Baton Rouge.

Now on Wednesday, a special CNN town hall. Stay with us because these recent police shootings have the nation on edge. We're going to talk about what's really going on. Why are police and civilians in the line of fire? "Black, White and Blue; America in 2016." This is a CNN town hall hosted by Don Lemon. And, again, it's Wednesday night at 10:00 p.m. Eastern -- make sure you set your DVR if you can't watch us live -- only on CNN.

Still to come, a rare move by a Supreme Court justice, trash talking a presidential candidate. Why some critics say Ruth Bader Ginsburg crossed an important line.

(COMMERCIAL BREAK)

[09:46:54] CABRERA: Donald Trump says the recent violence against police may just be the beginning and that he's the person to stop it.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESUMPTIVE PRESIDENTIAL NOMINEE: I am the law and order candidate.

Not only am I the law and order candidate, but I'm also the candidate of compassion. Believe it. The candidate of compassion.

(END VIDEO CLIP)

CABRERA: Well, we're also hearing new audio from 2008 from Trump revealing major contradictions from him, including his evolving stance on gun control and his feelings about Hillary Clinton. All of this setting the scene as Trump gets ready to campaign with Indiana Governor Mike Pence, who is rumored to be a possible VP pick.

Let's bring in CNN national correspondent Jason Carroll.

All right, lots to talk about. Break it down.

JASON CARROLL, CNN NATIONAL CORRESPONDENT: Lots to talk about. Good morning to you.

Well, you know, as you know, Donald Trump, you heard him there billing himself as the law and order candidate. But his critics say you can't trust his message because it changes from time to time. Trump has made some statements in the past showing that not only did he change his position on gun control, but on Hillary Clinton as well.

(BEGIN VIDEOTAPE)

DONALD TRUMP (R), PRESUMPTIVE PRESIDENTIAL NOMINEE: It's time for our hostility against our police and against all members of law enforcement to end and end immediately. Right now.

CARROLL (voice-over): Donald Trump addressing for the first time out on the campaign trail the Dallas ambush and recent police-involved shooting deaths.

TRUMP: I am the law and order candidate.

CARROLL: And blasting his Democratic rival.

TRUMP: Hillary Clinton, on the other hand, is weak, ineffective, pandering and, as proven by her recent e-mail scandal, she's either a liar or grossly incompetent.

CARROLL: This as "The Wall street Journal" uncovers contradicting audio from Trump's old syndicated radio segment called "Trump." The audio clips owned by the radio network Premier revealing yet again inconsistencies in the billionaire's rhetoric. His own words in 2008.

TRUMP: I know her. And she'd make a good president or good vice president. A lot of people think a Clinton/Obama or a Obama/Clinton pairing would be a dream ticket in November.

CARROLL: A far cry from his attacks on the trail now.

TRUMP: Wherever Hillary Clinton goes, corruption and scandal follow.

She'll never be able to do the job. Her judgment is horrible.

He will be such a lousy president, folks.

CARROLL: And in May of 2008, Trump condemned West Virginia lawmakers for proposing gun classes on hunting in schools.

TRUMP: We hear way too many stories about school violence. So the thought of voluntarily putting guns in the classroom seems like a really bad plan.

It's a dangerous risk that might not be worth the payoff.

CARROLL: And then Trump, eight years later.

TRUMP: You know what a gun free zone is to a sicko? That's bait.

I will get rid of gun free zones on schools and -- you have to. And on military bases.

[09:50:04] I don't want to have guns in classrooms, although in some cases teachers should have guns in classrooms, frankly.

CARROLL: Vice President Joe Biden and former primary foe Jeb Bush questioning Trump's ability to deliver on his promises.

JOE BIDEN, VICE PRESIDENT OF THE UNITED STATES: Look at Donald Trump and what he's saying, and ask yourself, is it believable?

JEB BUSH, FORMER PRESIDENTIAL CANDIDATE: I think people are going to really feel betrayed.

(END VIDEOTAPE)

CARROLL: Looking ahead, still much speculation about who Trump will choose as his running mate. The campaign tryouts continue. Last week Trump was with former House Speaker Newt Gingrich. Yesterday it was New Jersey Governor Chris Christie. And today Indiana Governor Mike Pence will join Trump at a rally in his home state. Trump expected to make his announcement sometime this week.

CABRERA: Sometime this week.

CARROLL: Sometime this week.

CABRERA: He's leaving everybody hanging. Keeping our eyes on the ball.

All right, thank you so much, Jason Carroll.

CARROLL: You bet.

CABRERA: Well, Donald Trump has a lot of critics. Now he can add Supreme Court Justice Ruth Bader Ginsburg to the list. The 83-year-old made headlines after she told "The New York Times," quote, "I can't imagine what the country would be with Donald Trump as our president. For the country, it could be four years. For the court, it could be -- I don't even want to contemplate that." She even went on to joke about the possibility of moving to New Zealand if Trump wins.

Now, in a separate interview with the Associated Press, she insinuated that Clinton will win this election, saying, "it's likely that the next president, whoever she will be, will have a few appointments to make."

Justice Ginsburg, of course, known as being outspoken, but many are now asking whether she crossed a line with these comments.

Joining me now to discuss, constitutional law professor Gloria Browne- Marshall. She's the author of "The Voting Rights War."

Welcome.

GLORIA BROWNE-MARSHALL, CONSTITUTIONAL LAW PROFESSOR: Thank you.

CABRERA: So Justice Ginsburg is known for her outspokenness. What's your analysis of these latest comments? Are you surprised at all?

BROWNE-MARSHALL: Well, the line has been pushed and pushed throughout this entire election season. Consider the fact that Donald Trump said that he's going to look for a justice to go after Hillary Clinton. So we have also the past with Justice Scalia giving speeches in private scenarios where he's been very critical of the Obama administration. So this is actually just stating that she believes she's uncomfortable, but she didn't say she wouldn't follow the law.

CABRERA: Right. But is it really appropriate or even ethical for her to say these things?

BROWNE-MARSHALL: I think that it's unusual. The U.S. Supreme Court is supposed to be very objective. They are supposed to maintain a poker face for the most part and wait for these cases to reach them. I think this whole conundrum that we're in right now is based on the fact that there's been this mishmash of politics with the conservative side of the court and the liberal side of the court so that this was inevitable, I would believe.

CABRERA: You talk about the importance of objectivity with our justices. You know, what if Trump is elected president? Could these public comments that she made be grounds for a recusal from certain cases?

BROWNE-MARSHALL: I don't think it would be grounds for recusal from certain cases because we know that Scalia, Justice Alito, as well as Chief Justice Roberts were not fans of the Obama administration. They made clear of that during the many oral arguments I witnessed. So I don't think it's a ground for recusal, but I do believe it's making people very uncomfortable.

The U.S. Supreme Court is the only branch of government that has a decent approval rating. At this point, it might start falling as well if Supreme Court justices continue to make these type of comments. But we know they've come from Justice Thomas' wife, they've come from Justice Alito shaking his head "no" during a State of the Union Address. We're really pushing the envelope here with our court and I hope it does stop soon.

CABRERA: You know, I think one of the issues in this particular incident is, what if, again, Trump is president and then she votes against some of his policies, could it put potentially Supreme Court rulings into question?

BROWNE-MARSHALL: I don't think so, and I'll tell you why. The affirmative action case of Fisher versus Texas, as well as the voting rights cases, these are cases that were known to the justices back when they were attorneys. They took a stance against those particular legal issues and those laws years before they ascended to the Supreme Court bench. So their opinions are known. And having an opinion is not the same thing as saying that you're not going to follow the law. I think they're different. But as you pointed out, it does make one uncomfortable.

CABRERA: All right, Gloria Browne-Marshall, thanks for joining us and offering that information. We appreciate it.

BROWNE-MARSHALL: Thank you. [09:54:41] CABRERA: Still to come, the e-mail probe, the meeting with Bill Clinton. Attorney General Loretta Lynch, just a few minutes away now from being grilled by House lawmakers and Republicans in particular. We'll bring it to you live.

(COMMERCIAL BREAK)

CABRERA: Checking top stories this morning.

Some dramatic images of a train crash in southern Italy. Two passenger trains collided head on. At least 20 people are dead. Authorities have not yet released the number of injured. We understand a child has been rescued from the wreckage here. No word yet on what caused this crash.

Right now David Cameron is chairing his final cabinet meeting as Britain's prime minister before he steps down tomorrow. Now, Cameron first said he would leave his position in October after failing to convince the U.K. to remain in the European Union, but now tomorrow's departure comes as Home Secretary Theresa May was officially named leader of the ruling conservative party. She'll become the nation's second female prime minister.

Well, unfortunately, your morning latte or mocha at Starbucks is getting more expensive. Start saving up. The coffee giant is planning to hike prices starting in October. This comes one day after Starbucks announced it is raising wages for all the store employees and the managers there in an effort to boost morale. Some workers will get a 15 percent raise.

[10:00:10] The next hour of CNN NEWSROOM begins right now.