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Report: Trump Says Americans Could Be Tried at Gitmo; Olympic Tale of Two Simones; Fox News Pushes Debunked Clinton Health Rumors; Deadly DUI Suspect Featured on CNN captured. Aired 3:30-4p ET

Aired August 12, 2016 - 15:30   ET

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

[15:30:00] (COMMERCIAL BREAK)

POPPY HARLOW, CNN ANCHOR: More controversial words from Donald Trump during an interview with the "Miami Herald." The Republican nominee spoke about Guantanamo Bay and he also said that he would be OK with prosecuting Americans accused of terrorism in military tribunals.

(BEGIN VIDEO CLIP)

PATRICIA MAZZEI, REPORTER, MIAMI HERALD: Would you try to get the military commissions, trial court there, to try U.S. citizens?

DONALD TRUMP, REPUBLICAN PRESIDENTIAL NOMINEE: Well, I know that they want to try them in our regular court systems and I don't like that at all. I don't like that at all. I would say they could be tried there. That will be fine.

(END VIDEO CLIP)

HARLOW: Well, federal law prohibits what Donald Trump is talking about when he says that would be fine to try American citizens in basically military tribunals or military courts. Our pentagon correspondent Barbara Starr is with me now. Clearly unprecedented.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: It is, Poppy. It is certainly getting some attention from the military legal community looking at this. The judge advocates, military lawyers that have such expertise in this. We've talked to some of them. And what the tell us is this.

When the law was set up for Guantanamo Bay and military tribunals, commissions that are held there, in fact American citizens were specifically excluded. They are not permitted to be tried there. So what about changing the law if Trump were elected could he change the law so it would be allowed?

One military lawyer told us this, he could try to change it, but there is no real legal foundation for it because current federal law offers American citizens the full protection of the U.S. legal system. There's no indication that federal law is deficient in this manner when people are charged with a crime, the federal court system is able to process them. So there would be no real foundation for changing the law. These are

some of the questions that are being asked right now. Donald Trump has a lot of proposals. But it is raising that fundamental question, as commander in chief, if he is elected, can he unilaterally order things that are illegal for the U.S. military to do.

HARLOW: Like waterboarding.

STARR: Well, yes, like waterboarding. Absolutely. That's illegal. It is specifically prohibited. What experts are telling us is, look. U.S. military personnel, under the uniform code of military justice, under federal law, have a moral and legal obligation to disobey illegal orders.

They simply are not permitted to obey them. I think you and I were chatting before. The other question that comes to mind about American citizens. So, the U.S. has killed American citizens, especially the American cleric, Al Awlaki, in Yemen, by drone attacks. What is the difference there? If that issue comes up.

Well, that is something that requires a presidential finding, and that is very strictly limited to areas where the U.S. is not able -- the government will tell you -- not able to go in and retrieve an American citizen in a reasonable manner and bring them to American justice. That is the preference.

That's why you have seen a very, very small number of drone attacks of that sort. But just to send them to Guantanamo Bay, military lawyers we're talking to say, nope, can't do it, it is illegal, and no foundation for any president right now to really change that law. Poppy?

HARLOW: Important to make sense of all of that for us this afternoon. Barbara Starr, thank you very much.

STARR: Sure.

HARLOW: Coming up next, two Simons take over the Olympics. We will take you live to Rio to celebrate the historic achievement of the gymnast and the swimmer.

(BEGIN VIDEO CLIP)

SIMONE BILES, OLYMPIC GYMNAST: I really enjoy doing what I do. It is really rewarding to see everyone congratulate me and everyone that believed in me, I can't thank them enough.

[15:35:00] (COMMERCIAL BREAK)

HARLOW: A shocking upset for women's soccer. At the Olympics in Rio, joining me now, CNN sports analyst, USA TODAY sports columnist Christine Brennan. So many hopes on the women's team. What happened?

CHRISTINE BRENNAN, CNN SPORTS ANALYST: Yes, Poppy. The biggest upset probably in U.S. women's soccer history. The U.S. national team, the same team that 13 months ago won the World Cup, fascinated a nation, is now out in the quarterfinals, losing to a nemesis, Sweden. Their old coach coaches Sweden now. They've never been able to beat her. It was in penalty kicks.

The U.S. looked a little bit out of sorts throughout the entire game. Completely uncharacteristic for a team that has always been at least in the semi-finals has always won a medal at the World Cup and the Olympic Games. So it's really quite a historic achievement in the sense of bad news for the U.S. team.

HARLOW: No question. A tough go for them. You still can't take away the amazing accomplishment at the World Cup last year and all that this team has achieved. But let's talk about some big wins. When you look at medal count, 10 of the 16 gold medals won so far by Team USA belong to females. Gymnast Simone Biles, a huge star. Let's listen to how she talked about her teammates helping her celebrate.

(BEGIN VIDEO CLIP)

BILES: Once we got into the apartment, they all ran, screamed and jumped on me and they attacked us and it was very sweet. Then Gabby texted me while I was at the NBC house. That meant a lot to me. Then whenever I got into my room, Mattie and Laurie wrote me a note and put it on my bedside.

(END VIDEO CLIP)

HARLOW: Simone Biles, the first woman in 20 years to win back-to-back Worlds and Olympic all-around titles. This is a remarkable young woman.

BRENNAN: Oh, she is, Poppy. It is one thing to have everyone in the world think you are going to win the gold medal. It is another thing entirely to actually do it. When the most pressure is on, the world is watching, the most important moment of your life and you nail it? That's pretty cool.

[15:40:00] And I think we can safely say Simone Biles is the best gymnast we have ever seen. We'll see how she does in the different apparatus finals. But absolutely stunning performance. U.S. wins the team competition. And then of course two days later she wins the coveted title of the individual all-around.

HARLOW: And she said I am not next Michael Phelps, I am the first Simone Biles, I loved hearing that. Quickly about Michael Phelps breaking a 2,000-year-old record.

BRENNAN: Oh. Michael Phelps is the greatest Olympian of all time. And he's got one more chance at a medal tonight, a gold medal. At 31 years old, it is a young person's game, Poppy. This is young kids he's competing against. He is better than he's ever been before. I have covered him since 2000. I've never seen him do this well. It is really stunning. I'm surprised at how great he is doing but it is terrific for him, of course.

HARLOW: He has said he was going to make it and this was going to be the year. And it certainly has been for him. By the way, I like to think 30s is still with the young ones. But I see your point. Thank you, Christine Brennan. Joining us from Rio and thoroughly enjoying it. Thank you so much.

Coming up next, switching gears. Internet rumors about Hillary Clinton's health getting prime time treatment on Fox News. We will debunk the conspiracy theories with Brian Stelter next.

[15:45:00] (COMMERCIAL BREAK)

HARLOW: Hillary Clinton under scrutiny for a lot of things, no question. Lot of legitimate thins. Her e-mails, connections between the foundation and the State Department, et cetera, et cetera. But, there is then this rumor, that her health is failing. It's a narrative being pushed by Fox News' Sean Hannity in prime time all week. Watch.

(BEGIN VIDEO CLIP)

SEAN HANNITY, ANCHOR, FOX NEWS: What about some of the weird pauses she has, the coughing fits she has? There are moments when I'm literally watching her and I'm thinking, okay, facial expressions are odd. They seem off.

DR. MARC SIEGEL, DOCTOR RADIO: I don't know this because I'm only looking at a video but I saw the same video you saw. I'm wondering about a word called aphasia which can be searching for a word you suddenly lose those words and that can be the sign again of some kind of traumatic brain injury or the aftereffects of a concussion.

HANNITY: Is it possible she had a stroke? Do you believe she had a stroke or do you believe it was a traumatic brain injury?

DR. DANIEL KASSICIEH, BOARD CERTIFED NEUROLOGIST: I believe she had a concussion with a possible brain injury. Of course I haven't seen the medical records.

HANNITY: Go back to this video. Dr. Siegel, we'll out it up again. It is a violent, violent, repetitive jerking of the head here. You can see it is uncontrollable. Watch the reporter pull back -- reporter got scared. She keeps doing it. What is that?

SIEGEL: It is involuntary movement. Secretary Clinton hit her head in 2012.

HANNITY: Would it cause this?

SIEGEL: It would cause the kind of brain damage possibly. Possibly. We've been studying this over the last two years that can have long term effects that can have effects on thinking, on memory, on gait, how you walk, dizziness, on balance. That's a possibility that we need to see the records of.

(END VIDEO CLIP)

HARLOW: All right. CNN senior media correspondent, host of "Reliable Sources", Brian Stelter, is with me. Brian, I was at a loss for words for a moment there. This has been the center of coverage all week long for Hannity.

BRIAN STELTER, CNN SENIOR MEDIA CORRESPONDENT: Hannity thinks he's on to something here. So do some fringe websites on the right that have picked up on this and tried to make it into a story in recent days. You know the saying looks can be deceiving? Photos and videos can also be deceiving.

HARLOW: Let's pull up that photo. At the center of the coverage all week long has been the photo of Clinton being helped up the stairs there by FBI agents. It is so important to have the context.

STELTER: When this photo was shared over weekend by pro-Trump twitter accounts which then went to a fringe right wing blog which them went to the Drudge Report, there was no context for this photo. In which is what was taken in February and she happened to slip when walking up the stairs. It was made out to be a brand new photo and to have some dangerous health warning attached to it.

HARLOW: I think I misspoke, Secret Service agents.

STELTER: By the way, if cameras followed me around all day they'd find a lot more embarrassing stuff than they've got with Hillary Clinton. The point is it made its way to the Drudge report, one of the biggest conservative websites on the internet. That's why it made its way to shows like Sean Hannity.

I think what we are seeing here is how this ecosystem exists. Where something starts, in this case on pro-Trump twitter accounts and makes its way all the way up to some of the top shows on cable television even though it is rooted in a conspiracy theory. The theory is that Clinton is secretly ill, not well, and she won't be able to be president. Even though her physician very clearly said a year ago she is fit to be president.

HARLOW: Let's also play this. This is video of Clinton's head bobbing back and forth. We saw it, let's play it again.

(BEGIN VIDEO CLIP)

HILLARY CLINTON, DEMOCRATIC PRESIDENTIAL NOMINEE: It was a wonderful, meaningful endorsement in every way and I was very proud -- you guys have got to try the cold chai.

(END VIDEO CLIP)

HARLOW: How long of a clip you play. The audio, the context you put it in very important, that was missed this week by Fox.

STELTER: It sure has been. This clip is an example of someone laughing at a joke. If we were walking around by cameras and we started laughing at a joke, from different angles, you could make up a conspiracy theory about our health as well.

The reality is when Hannity brings only guests who agree with him, who tell him what he wants to hear, he is actually doing damage to the viewers' knowledge of Clinton and what is going on in this presidential campaign.

HARLOW: This is an important distinction to make. And you pointed out on your show, Brian, that Hannity doesn't bill himself as a journalist, as down the middle. He is a commentator, pundit, call it what you will. Many people go to Fox News for their news, it is their primary news source. And that is where the line gets very blurry.

[15:50:00] STELTER: Even commentators, even interviewers who are explicitly pro-Trump or on the left, explicitly pro-Clinton still have a responsibility to their audience. Not to mislead the audience or the viewers at home. Sometimes when you see these health segments, when see these conspiracy theories about other subjects, they are actually being irresponsible because they are misleading the audience at home.

I would encourage viewers watching this to look it up, check CNN.com wrote all about Clinton's health last year. Talked about her position, who says she is fit to be president, and there is no reliable evidence to the contrary.

HARLOW: I think you will be talking about it on "Reliable Sources" on Sunday morning.

STELTER: Yes. This is a great topic for us Sunday morning.

HARLOW: Thank you, Brian. Next. The suspect in a deadly drunk and driving crash caught in Spain after fleeing the country, the case was feature right here on CNN's The Hunt. The host of "The Hunt", John Walsh joins me next.

(COMMERCIAL BREAK)

[15:55:00] HARLOW: A man on the run from police for more than three years is profiled in CNN's original series "The Hunt" and now he is back in police custody. He was wanted in a deadly DUI crash that killed a young a young Florida man.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The driver of the Ford had hit wrong exit ramp coming the wrong way and collided head on with the Mustang.

UNIDENTIFIED MALE: I could hear the ambulances. I could hear a helicopter also. And I could see the lights from the ambulance. And the paramedics says to me, he didn't make it.

STEVE GASKINS, SERGEANT, FLORIDA HIGHWAY PATROL: We identified what became known as the wrong-way driver as Christopher Ponce and in a case like this that is so egregious it was very clear early on that alcohol most likely played a role.

(END VIDEO CLIP)

HARLOW: Joining me now is John Walsh host of The Hunt. Christopher Ponce now captured after being in Spain for three years, who was he?

JOHN WALSH, HOST OF CNN'S "THE HUNT": Creep a little entitled coward creep. Who had 10 traffic violations, DUIs, speeding tickets, reckless driving. Not supposed to drive, gets in the family car, living at home, mom and dad taking care of him. Well to do family.

Goes head on and kills a wonderful guy that gave up eight college scholarships to go back and work in the family business. With him in is British Afghan war vet and hurts him terribly. So a judge, I don't know why, but his toxicology report took about two weeks to do because he would not take a tox test. They took him to the emergency room, judge says, OK, I'll let him bond out $50,000, that's five grand.

And he can sit home with his ankle bracelet on and watch TV and order Pizza. So then the toxicology report comes in, the judge recuses himself, I don't know why. But doesn't keep his word that this kid is going back to jail. So he's got 8 months to plan his escape.

With I think police say that it may be his parents that aided him for three years. So I know the case, I'm a Florida guy, I know it's a horrible case in the news down there. Let's help this wonderful family. William Angel was a great kid, his father I talked to two days ago Wade Angel. I put myself in their shoes. I'm the father of a murdered son.

So I say we are going to do this case. And we don't catch him, I think we're going to catch him right away. He's in Mexico or somewhere, have a great following in Mexico. So we keep airing it on CNN and HLN.

We get a tip he might be in Spain. Somebody thinks they saw him. So the U.S. Marshals the best man hunters in the world saddle up. And Interpol, which are great friends of mine, they used today do some of the most wanted guys on "America's Most Wanted". They put Ponce on the red notice so the Spanish cops notice him in a bathroom in a bus stop, he's acting crazy and they nail him.

HARLOW: This Sunday, I've seen the episode, it is about a man that you call a full-blown, five-star sociopath.

WALSH: A horrible person. Alfonso Diaz Juarez, known as poncho. Comes back and forth. A Mexican national always been in sex trafficking, tries to get girls to come across the border illegally and work, says you are going to work as a maid at the Ritz Carton in Houston. You know we are the biggest offender of sex trafficking of children in the world. America is.

HARLOW: It is such an important topic.

WALSH: It is disgusting, this guy a rapist, brutalizes and brings girls, sells them in Houston, and he is on the top of my most wanted list. And hopefully Sunday he is going down.

HARLOW: It is important to watch, Sunday night with John Walsh. Thank you so much. You don't want to miss "The Hunt" this Sunday at 9:00 p.m. eastern, right here on CNN. Thank you so much for being with me.