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Legal View with Ashleigh Banfield

Chicago Homicides; 88 Retired Generals, Admirals Giving Donald Trump Public Endorsement; Fox News to Pay $20 Million to Former Anchorwoman. Aired 12:30-1p ET

Aired September 06, 2016 - 12:30   ET

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

[12:30:02] ASHLEIGH BANFIELD, CNN ANCHOR: Per minute of the year.

CEDRIC ALEXANDER, CNN LAW ENFORCEMENT ANALYST: Well, I certainly do agree with Ryan that it's a responsibility lies in a whole lot of places across government, across their community, across their elected officials there in Chicago but I would say Ashleigh, what I've been saying with you for the last couple of years is that building those relationships in those communities are key and critically important.

Now, 500 homicides is a lot of homicides. The year is not over with. We know that there are economic conditions of course that is fueling a lot of this violence. We know that there are some educational programs in that city that are being challenged. But this is not new to city hall to that administration. But at the end of the day, what it is really going to take, Ashleigh, is really going to take real leadership in that community is going to take leadership from that police department, is going to take leadership from city hall. They have to have a visionary plan that goes beyond just describing what the problems is around gun laws and then economic condition. That is the reality of it. That is not going to get fixed overnight. But what you must have is a visionary plan in the here and now that is going to one bridge relationships with community people, not just in terms of talk. Because the men and women in that police department in Chicago are doing a great job. What they need is strong and supportive leadership that is not going to be lip service to him but one in which they feel they can get behind and charge forward.

BANFIELD: So leadership, and I'll get Ryan, in on this as well, you know, Ryan you're there you live there. And this is your community as well. You can hire more officers. You can spend more money on the force, you could even start targeting those arteries of illegal guns that are coming in from Indiana another state, but it takes that leadership that Cedric is talking about. So, right now, what is the commitment? Is there sort of this human cry from the streets to the, mayor, make it happen already? Because the numbers are just going up and up and up.

RYAN YOUNG, CNN NATIONAL CORRESPONDENT: Well, we often hear from Reverend Jackson, jobs in, guns out. That's something he often says. And you are hoping to see maybe like almost a marshall plan where someone steps forward. And look I have worked with Dr. Alexander before in DeKalb County in Georgia and watched him come together with community members. What you would like to see is all the stakeholders come together. In Chicago, may be sit down somewhere and come up with a plan where you show investment into those poorest communities and find a way to start sucking those guns out of the community.

But you also have to give young people something to do during the day, so it's may be a little easier to put a book in their hand and not a gun in their hand and take them take them out to somebody's options and leave them with jobless and have no ideas towards the future. That has to happen. And with school is starting. You are hoping to see some of those turns. But I am just not sure it that can happen quick enough with the numbers that we already seeing.

BANFIELD: Yeah, let's just hope the next time the three of us convene on a screen to talk about this, we are not talking about the 600 milestone but instead we're talking about these critical conferences and meetings of all of these leaders and the actual, you know, policy is going into play because this is ridiculous that we're having this interview. Enough is enough.

ALEXANDER: You know, I can add one thing, Ashleigh, in this.

BANFIELD: Yeah, perfect.

ALEXANDER: Is that you're trajectory that that city is on right now averaging 45, 50, 60 homicides a month, they're going to get well over 600. So there has to be a visionary plan that's put into action and into play at this very moment. Enough of the talk of what the problems are but this has been forthcoming and ...

BANFIELD: Yeah.

ALEXANDER: This should have been seen a long way down the road, months and years ago.

BANFIELD: Some of the 100 people between now and that milestone could be watching us right now. God bless you.

ALEXANDER: God bless you

BANFIELD: Cedrick Alexander and Ryan Young, thank you for your reporting.

ALEXANDER: Thank you.

BANFIELD: It is appalling. Thank you to both of you.

ALEXANDER: Thank you.

BANFIELD: Coming up next who are the 88 former U.S. generals and admirals are throwing their support behind Donald Trump and how much credibility do they lend to his campaign?

[12:34:00] We'll talk about it next.

(COMMERCIAL BREAK)

BANFIELD: I want to get back to a big political headline. 88 retired generals and admirals are giving Donald Trump their public endorsement. They put out an open letter, and I'll quote from it here they say, "The 2016 election affords the American people an urgently needed opportunity to make a long-overdue course correction in our national security posture and policy. We believe that such a change can only be made by someone who has not been deeply involved with and substantially responsible for the hollowing out of our military and the burgeoning threats facing our country around the world. For this reason, we support Donald Trump's candidacy to be our next Commander- in-Chief."

So, I am joined by one of the signatories to that letter, in fact one of the man who stir headed the effort retired Rear Admiral Chuck Williams. And I also want to bring in CNN Military Analyst, retired U.S. Army Major General, Spider Marks. Thank you to the both of you for doing this.

First, if I can, Admiral Williams, can you tell me what's different about you and your group than say the 50 former Republican National Security Officials who came out in favor of Secretary Clinton last month?

REAR ADM. CHARLES WILLIAMS, U.S. NAVY (RET.): I would say a couple of things. One, I heard over and over again that -- I mean generals and admirals that Mr. Trump knows more than the generals and admirals. That's been the statement made by Mrs. Clinton. We wanted to come out and say that generals and admirals, we respect what Mr. Trump is doing, we in Mr. Trump by putting our faith, hope and trust in Mr. Trump, so this idea he doesn't have support at this level is erroneous.

[12:40:01] BANFIELD: So, Spider Marks, jump in here if you would. Because this letter said there's a course correction that's needed in our national security. I don't think anybody will, you know, argue that ISIS is a crisis and that Syria is a burgeoning problem that's not getting any better, so that sounds like it's pretty legitimate. Why isn't it?

MAJ. GEN. JAMES "SPIDER" MARKS, CNN MILITARY ANALYST: Well, no it is very legitimate in fact. I don't think there is much disagreement on the premise of the letter at all. There are tremendous issues that we have right now in national security in terms of our foreign policy. I mean look, our president today has indicated he is discussing, discussing the notion of giving up the first strike, nuclear first strike, which we have always retained as an inherent part of our deterrence. That's foolhardy. I don't know where that notion would come from.

My point is I'm not on board with the 88 signatories. Be it I have served with, I've ben in combat with, I have in through incredible admiration and incredible respect for all of these folks. But I disagree fundamentally, because I am of the opinion that Hillary Clinton will need to if she is elected president, distance herself fundamentally from this administration. That's a tough task because her fingerprints are on it. But I'm of the opinion that she can do that. I'm not of the opinion -- I don't hold the opinion that Donald Trump can master the input that's necessary to achieve a level of measured response and predictability in his leadership. I haven't seen that yet. That's where I am on this discussion.

BANFIELD: All right. So Admiral Williams, you know, Spider Marks just touched on a couple of those things. I want to add to the list of things that give a lot of military officials pause about Donald Trump. Number one, advocating that South Korea and Japan perhaps, have more access to nuclear weapons or at least take over the control and perhaps, policy with regard to nuclear weapons.

Number two, that the United States stop having to honor its commitment to fellow NATO member nations and then of course there was that the big kahuna you might say from a year ago when he disparaged ex-POW John McCain, saying he likes soldiers that weren't capture. I think we can all agree we like our soldiers period. And I would -- I'm not military. I am not a veteran. I don't walk in your shoes, but if I did walk in your shoes, I think that John McCain issue alone would be -- it would make him anathema to me, but not to you and I want to know why, Admiral?

WILLIAMS: OK, first you mentioned about Japan and Korea, I didn't hear Trump's actual statement however I think what he often does like in any negotiation, you'll throw out a point and I think what his concern is, this is how I surmised because I have heard it referenced on T.V., a few times from the media that there is a concern about North Korea having a nuclear weapon. They've done a number of tests here lately with missiles, some in the Sea of Japan, and some near japan.

Certainly, China is nuclear. What if there is an accident on the part of the North Koreans in launching one of these weapons. I think what he is saying is look, as more and more of these countries go nuclear. And we can talk about Iran if you'd like in a second. But as more and more of that that might happen, Japan and South Korea might want to look at the capability. I am not sure he is saying let's go get nuclear arms to Japan and South Korea.

The second question you raised was about NATO. You know, when NATO was formed, it was 12 countries, and it as built to defend Europe, Western Europe against the Soviet Union. Today, we have 28 countries in NATO and we have 22 countries that are what we call partnership in peace program that is kind of a preliminary program to get into NATO. NATO has cost the United States $700 million. We pay 22 percent of the costs of NATO. And every country has a requirement to pay 2 percent of their GDP into defense. If you took that entire pie an all the countries and 28 countries have pay into it, United States pays 73 percent of the cost of defense.

I think what Trump is saying is, look, five countries pay their fair share. We've got to do something about making this equitable. And what I hear on the other side is look we've always got to come to NATO. NATO was there, it's important. And Hillary Clinton wants to support it.

BANFIELD: I hear your point on that. But the last point was John McCain.

WILLIAMS: All right. I know -- I have met John McCain and I've talked to John McCain. He was at Cecil field when I was down there, when he was an A7 ...

BANFIELD: And every POW like him. Not just John McCain.

WILLIAMS: Yeah and I have read his book, I've met with him, I talked to him about his POW Captivity. You know, I would put it this way to you, Ashleigh.

BANFIELD: I like the soldiers who don't get captured.

WILLIAMS: Yeah.

BANFIELD: It's just plane and simple.

WILLIAMS: Here is how I would summarize it. I've been married 41 years. I don't agree with everything my wife says. She doesn't agree with everything I say. So when Trump made that statement, you know, there are some things I guess I just don't agree with. That would be one, but I still believe he will be the best commander in chief.

[12:45:02] BANFIELD: All right. Well, I'm slightly out of time I do appreciate both of you with you're perspective on this, its extra ordinary ...

WILLIAMS: Do you want to talk about that national security letter at all? That you mentioned earlier?

BANFIELD: I quoted it at length at the top of this interview and I've just given you the ...

WILLIAMS: Not our letter, the national security, OK, you asked if didn't get a -- we got another favor and for something else with that question.

BANFIELD: Will you come back another time?

WILLIAMS: Absolutely.

BANFIELD: Admiral Charles Williams ...

WILLIAMS: Because that's an important topic.

BANFIELD: It is all important without question. I appreciate your time. Spider Marks, as always, thank you, sir.

MARKS: Thank you Ashleigh.

BANFIELD: And thank you both for your service to this country.

MARKS: Thanks Ashleigh.

BANFIELD: Thank you so much both of you.

WILLIAMS: See you Spider.

BANFIELD: OK, and a little bit later on this afternoon my colleague, Wolf Blitzer is going to have an interview with one of Donald Trump's top military advisers, a former Director of the Defense Intelligence Agency retired Lt. Gen. Michael Flynn, so make sure you stick around for that.

(COMMERCIAL BREAK)

BANFIELD: $20 million, I think we can all agree that is a lot of money a boat load of it. And Fox News is about to pay that walking sum to a former anchorwoman of theirs, Gretchen Carlson. It's all part of that settlement in a lawsuit against the network's former boss Roger Ailes.

[12:50:04] She sued him over sexual harassment claims and it was Carlson's accusation that prompted at least 20 other woman to come forward with their similar stories of their experiences with Roger Ailes and they were good. In the meantime, Fox News's parent company, "21st Century Fox" sent out this statement in response to the settlement and ill quote them "During her tenure at Fox News, Gretchen exhibited the highest standards of journalism and professionalism. We are proud that she was part of the Fox News team. We sincerely regret and apologize for the fact that Gretchen was not treated with the respect that she and all of our colleagues deserve."

BANFIELD: That's what you call an apology. Whew. Is it ever.

Joining me now, Senior -- CNN Senior Media Correspondent Brian Stelter, CNN Digital Correspondent and Editor at Large Kelly Wallace, and also CNN Legal Analyst Joey Jackson.

All right, so Brian, first to you, this is big. I mean this is huge to have that kind of an apology, that kind of a monetary settlement.

BRIAN STELTER, CNN SENIOR MEDIA CORRESPONDENT: Remarkable.

BANFIELD: I mean there's just no question about what happened. There is no issue here. So my question is that the effect that this will have on Fox News. The effect that this will have on Donald Trump because Roger Ailes is working for Donald Trump now, and then Greta Van Susteren has just flown the coup and left Fox News and I'm wondering if it's connected.

STELTER: That's right and Greta Van Susteren in the 7:00 p.m. host not being given a chance to say goodbye, she's out as off today leaving the network after 14 years and the reason is connected is because she used a clause in her contract to leave because Roger Ailes had re- signed back in July. So because Ailes was out, she had a chance to leave as well. She was unhappy with the way things are going there my sources say that she'd been unhappy there for a while and just wrote on Facebook that she decided it was time for her to leave.

BANFIELD: She backed Roger Ailes in the polls start.

STELTER: That's right, in an interview with me and several other people she said she was never harassed by Ailes and didn't know others who were harassed, she said however she was shocked once she heard more about Carlson's alligations, you know, more broadly, a shake-up continues at Fox News. Even though Ailes is gone, Carlson's no longer there. Greta Van Susteren is leaving as of today. There continued to be consequences.

BANFIELD: Megyn Kelly's contract is ...

STELTER: Is up that's right.

BANFIELD: She's a superstar.

STELTER: There are so many ripple effects from this lawsuit and from these alligations and meanwhile, Ailes continues to deny the allegations. Just now, his lawyer said to me, he is not paying any part of this settlement. He is not involved in the Fox News settlement of this lawsuit.

BANFIELD: I am sure there is no love lost between the Murdoch's and Ailes over this.

Let just quote something from Gretchen Carlson if I can you guys should put out a statement after all of this and it says "I am ready to move on to the next chapter of my life in which I will redouble my efforts to empower women in the workplace. I want to thank all of the brave women who came forward to tell stories and the many people across the country who embraced and supported me in their stand with Gretchen. All women deserve a dignified and respectful workplace in which talent, hard work and loyalty are recognized, revered and rewarded."

You know, I am not sure if this is sort of a watershed moment. I always thought like at the Anita Hill case was the watershed moment case for sexual harassment in the work place. We all started to understand what it meant.

KELLY WALLACE, CNN DIGITAL CORRESPONDENT: Yes.

STELTER: Yes.

BANFIELD: And it wasn't some joke. Is this another notch in the battle? Is this -- well what is it?

WALLACE: I know when you talk to women's advocates, and some think it is. Number one, because of the swift resolution of the case, OK, and the public apology and the public disclosure. In so many of these cases, these high-profile cases, you don't hear about a decisive outcome, right? You know, there is a gag order in place. You don't know if there is a settlement or what happened.

So the fact that so many women don't come forward, because they fear nothing will come of it. Here is an example of where something did come of it. At the same time, so many women are saying, what if you are a single mother with three children and you are harassed in the work place and you come forward, aren't you worried about losing your job or being labeled a troublemaker going forward? So a lot of women don't think that this case and in of itself is going to open the floodgates for other women to come forward because they are still worried about retribution in some cases.

BANFIELD: It's real with them at Fox News, so we say that's exactly that happened to them.

STELTER: And Carlson as of today unemployed, she's out of the job.

WALLACE: Yeah.

BANFIELD: Yeah.

JOEY JACKSON, CNN LEGAL ANALYST: Yeah

BANFIELD: Well, she's got $20 million in the bank.

WALLACE: Correct.

BANFIELD: So, that's nice. So let me ask you this. Joey, there is a lot of legal step maneuvering here that it's a little complicated ...

JACKSON: Plenty.

BANFIELD: ... if you would get into, but there is also something else afoot. We all know about this because of a guy named Gabe Sherman, who reported this and was dogged in his reporting, was accurate in a lot of his reporting. A lot of what he said came to pass.

JACKSON: That's right.

BANFIELD: And Gabe Sherman is now the target of a defamation lawsuit. Roger Ailes is mad. And he went ahead and he hired the lawyer that Hulk Hogan used to win his deformation case.

JACKSON: He means business.

BANFIELD: He means business.

JACKSON: Yes.

BANFIELD: And this is serious. But today is the settlement.

JACKSON: Yeah.

BANFIELD: Does that have any bearing on the efficacy of his work going forward to prove his?

[12:54:56] JACKSON: Great question, Ashleigh. And there is a legal answer and a practical answer. From a legal perspective of course, every lawsuit stands along if there is to be one. Every lawsuit is judged by the merits or not merits there off. And therefore settlement, no practical effect on me ...

STELTER: He's only threatening right now

JACKSON: Exacty.

WALLACE: Right.

BANFIELD: Right.

STELTER: We don't know if he will or not.

JACKSON: Correct. From a practical perspective, it's devastating. Well, to begin with in order to sue any type of public officials as Roger Ailes, you know, would make the lawsuit, he has to show that there was actual malice, that you knew this was false and published it any way or you recklessly disraregarded that fact that it was false. Now, the settlement appears to corroborate by appearances not at admission with the acceptance of an apology, you know, that he did specifically the things that are alleged that he has done. Well, from a practical perspective, a settlement by all accounts moves past the fact and usually, when you have a defamation lawsuit, you're really putting a line in the sand

BANFIELD: Yeah.

JACKSON: You're saying, I didn't do this and I'm so confident that you can't establish it then I'm suing you for saying for saying you're wrong. I think it's a big deal.

BANFIELD: He said and they know all those people by the settlement.

JACKSON: Yes there is.

BANFIELD: Yeah, it was very powerful. I got to leave it there, guys. Thank you, thank you so much, Joey Jackson, Brian Stelter and Kelly Wallace.

Presidential candidate, Hillary Clinton, is going to be speaking live in Tampa, Florida, not too long from now. In fact she's already said that today, Republican contender Donald Trump's career is full of scams and fraud. So we're going to bring you part of her remarks coming up.

Make sure you stay with CNN for a full coverage of this top big political story.