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Legal View with Ashleigh Banfield

A Campaign Spokesman Confirmed Donald Trump Handed Dr. Oz a One-Page Summary of Physical Exam He Underwent Last Week; UNC Chapel Hill Linebacker Accused Rape Our on Bond After Turning Himself In. Aired 12:30-1p ET

Aired September 14, 2016 - 12:30   ET

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


[12:30:41] ASHLEIGH BANFIELD, CNN ANCHOR: It is a formal investigation into Donald Trump's fitness to be the president. But this one is not his physical fitness like we have been talking about all day. Instead this one is about money that he does or does not actually donate. In one case, some House Democrats want to know if a pile of money that came from the Trump Foundation was a true gift or was meant to buy off an office that could have been shut down, Trump University in Florida.

Drew Griffin, our senior investigative correspondent is here. There are a lot of questions that are swirling about regarding Trump's generosity and the Trump Foundation. What have you found out?

DREW GRIFFIN, CNN SENIOR INVESTIGATIVE CORRESPONDENT: You know really this all began when he started that vetch donation thing back in the primary. And we began looking into his foundation, his giving. And continuous claim by Donald Trump and his campaign that he's given away tens of millions of dollars from his own money. The fact is, we can't find it.

(BEGIN VIDEO CLIP)

GRIFFIN: It's a sticky little thing called a fact, tens of millions of them. Dollars that trump campaign continuously says Donald Trump has given away without specifically providing any of the sticky little facts to back it all up.

MIKE PENCE, (R) VICE PRESIDENTIAL CANDIDATE: Anyone who knows about Donald Trump and his career knows that this is man who's given away tens of millions of dollars to charitable causes.

ALISYN CAMEROTA, CNN ANCHOR: Part of why people are calling for him to release his taxes so we do know how much he himself has given to charity. Will you or the campaign release exactly what that number is? And the reason I ask, why would you doubt it?

CONWAY: I doubt it, because this is like badgering. In other words, I don't see it as journalism. I see it as badgering.

GRIFFIN: Here is the journalism as we know it pulled from the Donald J. Trump Foundation's own tax filings.

The first thing you will notice, it's small. In 2014, it had just $1.3 million in the bank. And Donald Trump hasn't given to his own foundation since he gave his last donation in 2008.

The foundation instead relies on donations mostly, it appears, from companies who have had business or T.V. appearances with him, NBC, Comedy Central, World Wrestling Entertainment. Trump then uses those donated funds to give it away in his own name.

CNN has found evidence this year where Trump personally has given his own money. $1 million to the Marine Corps Law Enforcement Association in May, another $100,000 to a Baton Rouge, Louisiana, church to help flood victims and there is evidence Trump's campaign's allegations that some of the reporting on Trump's charity has been inaccurate may have something to them.

The Washington Post, which has done an exhaustive review of Trump's giving reported that a $10,000 donation Trump's foundation said it gave to Latino Commission on AIDS was never received.

Today the director of the Latino Commission on AIDS told us the same thing and then actually checked and changed his story. It turns out Trump did give $10,000.

GUILLERMO CHACON, LATINO COMMISSION ON AIDS: I'm grateful that the story came out, because I was able to clarify the confusion that happened when they were putting this story together.

GRIFFIN: In a second instance, the Washington Post reported Trump's foundation failed to give a $10,000 donation to the Giving Back Fund. A fund devoted to professional athletes charitable causes. It turns out Trump, in fact, did give money to that charity as well.

We just did an exhaustive search, the charity wrote to CNN, and did finally find a record of it.

(END VIDEO CLIP)

GRIFFIN: There is a third donation that apparently the Washington Post missed as well. $1,000 donation to a group down in Florida that the Post said didn't get received. It was received. It just opens the door, Ashleigh, for Trump to criticize the media. But the bottom line is the reason we're having to go through all these exhaustive searching is because Trump's campaign strategy is to not release any records.

He could tell us exactly where the tens of millions of dollars in donations went if they exist simply by telling us and we could go check it out.

BANFIELD: And yesterday the president himself said that Donald Trump used his own foundation money to buy a six-foot painting of himself. There's been other reporting saying, he used his own foundation money to buy a Tim Tebow helmet, a football piece of memorabilia. I don't know that to be true myself. I was not there. I did not see that happen. But if it did happen, is it legal?

[12:35:17] GRIFFIN: You know, that is a legal question, OK. It appears that based on the reporting, he bid on these things in one of his charity auctions. And he used Trump foundation money to buy them. Now, what did he buy them for? Did he buy them to resell them? Did he buy them to give them away? Did he buy them because he's going to auction them off later? I mean tell you, the rules on foundations and charities in this country are so weak, I doubt you'll be able to make a legal case.

BANFIELD: Wow.

GRIFFIN: Perhaps the case would be better made, is it proper?

BANFIELD: Well, the attorney general of New York has just launched a formal investigation into the foundation's practices. So maybe we will find out if there's, you know, if everything is too weak to be able to figure that out.

But Drew Griffin, great work. Thank you for that, appreciate it.

Coming up next, a story that is all too familiar, but one we don't get used to hearing. A female college student, a football player, a sexual assault allegation and a claim that investigators are dragging their feet, and wait until you hear about the claims made about what it was like trying to even make the report.

(COMMERCIAL BREAK)

[12:40:37] BANFIELD: A little breaking news here. Donald Trump surprised that Dr. Oz the show certainly the studio audience anyway by making a bit of a revelation with the taping that just wrapped up recently and revealing the results of a recent physical examination.

A campaign spokesman confirmed that Donald Trump handed Dr. Oz a one page summary of the physical exam that he underwent last week by his personal physician, Dr. Harold Bornstein. And according to someone in the audience, Dr. Oz read the summary in its entirety.

The physical was conducted, as we said, by Dr. Trump or Donald Trump's personal physician. But that's the same doctor who previously said that Donald Trump would be the healthiest president in history and used things like astonishingly excellent to describe Donald Trump's health which is really not medical terminology. It has raised a lot of questions about Dr. Bornstein, why he did that kind of a letter, the conditions under which those that letter was actually written and then released.

By the way, Donald Trump took questions from the audience and then I got this, which I think you can see off the top, is Oz, it is a statement from the Dr. Oz show. And it's sort of interesting. I can't quite figure out what it means but it does say that Dr. Oz conducted a complete review of physical systems with the candidate.

Nothing in this actually says that he read the whole one-page summary. But it does say that he shared -- that Donald Trump shared the results of his physical examination with Dr. Oz. Then it goes on to say, "Additionally as all physicians do when seeing a patient for the first time, Dr. Oz took Mr. Trump to a full review of systems. Including the following," I don't know what that means, when you take someone to a full review of systems. Whether he's going through the summary and the systems on it or whether he's asking Donald Trump additional questions. But he list a sort of a litany of things, the nervous system, head, neck, hormone levels, cardiovascular health, related medications, respiratory health, gastrointestinal health, bladder or prostate health, dermatological health, history of cancer in family medical, history occurrence of a Alzheimer's, of dementia, heart disease, cancer in relatives.

Again, I can't make head or tail of what this means when we says that he did a full reveal of systems with Donald Trump including the following list. I think we have to wait to see either more reporting today from the campaign, or we have to see the show. But it's not coming out until tomorrow. So you might have to wait on that. But there you go, a statement from Dr. Oz.

I have another story that we've been working on today. I really want you to get this, the wheels of justice. We often deal with it on this show. They are slow, most times. But they are finely in motion. It seems for a University of North Carolina student.

Less than 24 hours after Delaney Robinson went public about her alleged rape by a football player at UNC Chapel Hill the accused linebacker Allen Artis is out on $5,000 bond after turning himself in. He faces a charge of misdemeanor sexual battery and assault on a female, misdemeanor charges.

CNN reached out to his attorney who says, "We have no comment."

Although this is just coming to light, the story actually goes back seven months, all the way to Valentine's Day, because that is when Robinson alleges that she was assaulted by Mr. Artis. And I hope I'm pronouncing his name right, I could be Artis, Artis. But it's him on the left-hand side of your screen.

On the night of the incident, Robinson says she reported what happened to the police, and there is a report. And yet she says that she felt victimized by the people who are supposed to be keeping her safe. Here she is in her very own words describing what that was like.

(BEGIN VIDEO CLIP)

DELANEY ROBINSON, ALLEGED RAPE VICTIM: Yes. I was drinking that night on Valentine's Day. I'm under age, and I take responsibility for that. But that does not give anybody the right to violate me. I did not deserve to be raped.

My life has changed forever while the person who assaulted me remains as a student, as a football player on this campus.

After I was raped, I went to the hospital and gave an account of what I could remember to the sexual assault nurse. Then I was quizzed again by DPS investigator who asked consistently demeaning and accusatory questions. What was I wearing? What was I drinking? How much did I drink? What did I eat that day? Did I lead him on? Have I hooked up with him before? Do I often have one-night stands? Did I even say no? What is my sexual history? How many men have I slept with? I was treated like a suspect.

(END VIDEO CLIP)

[12:45:32] BANFIELD: Robinson decided to take her story public after months of trying to get formal charges, and here is the result of it. The district attorney's office says it is still deciding on whether to bring felony charges. They say that decision will come not come forth until investigation is completed.

In the meantime UNC has released a statement, and they're saying that, "The University of North Carolina at Chapel Hill is deeply committed to the safety and well-being of our students and takes all allegations about sexual violence or sexual misconduct extremely seriously." Goes on to say -- well, sorry, we're going to stop the segment there, I don't want to add words to their university statement.

But I do want to discuss this with Andrea Pino because she is one of the main subjects in the documentary "The Hunting Ground." She's a graduate of UNC at Chapel Hill. She's also the co-author of "We Believe You, Survivors of Campus Sexual Assault Speak Out."

Thank you so much for being with me, Andrea. So you heard all of those issues that this survivor has said happened to her in her interview. How many -- I'm going to paraphrase her. How many dates have you gone on? What's your sexual history? What were you wearing? Did you lead him on? Did you say no? I want to get your reaction to that and because you have not only gone through this yourself but you have literally talked to thousands of women across the country who have had these experiences and then had to report them. And I want your feeling on this most recent one?

ANDREA PINO, RAPE SURVIVOR: I'm sad to say but I'm honestly not surprised to what's happening in Chapel Hill. It's very similar to what was happening five years ago when we were considering filing our federal complaint. And was really the reason why we filed our federal complaint because we had seen problems happening not just at the university but also in Chapel Hill police and the DPS system as well. That there really is an indication the university is actually wanting to take this issue seriously much less the city of Chapel Hill itself.

BANFIELD: So I do want to ask you about the logistics of this. We are seven months since the alleged incident. And this young woman has a police report from that night, and went to the hospital as well. And she said that the process was so uncomfortable. What the D.A. says about felony charges which we are still waiting on. That still could happen, is that you can go before a magistrate in that state and you can get a misdemeanor just by pleading your case, but for felony charges the standard is much, much higher. It's beyond a reasonable doubt. And that's why the D.A. is taking such along time.

I want to give the D.A. the benefit of the doubt. I think investigations are really a very smart thing especially when you're dealing with a high-profile person like a football player. But I want to get your reaction.

PINO: Well, actually in reality, North Carolina has one of the more archaic criminal statutes in regards to forcible rape. It actually requires penal vaginal penetration for the highest standard in terms of prosecution. So in many cases unfortunately survivors' cases don't count. And for many people it's really going to the university that's the only option. But this case really echoes a lot of what happened with the Brock Turner case. I mean the question that she were -- was asked is very similar to what the victim in the Stanford case said in her victim impact statement. And I think it shows this bigger problem that we have with criminal justice has done not taking rape very seriously.

BANFIELD: Delaney has said she is not leaving this school. She said that she is seeing this person on campus. I mean she's seven months since the incident. So she's right back into, you know, fall classes. But she intends to see this through and she's not dropping out. That's not the case with so many of the young women that you have come across in your work, correct?

PINO: Absolutely. And it makes me very happy that she doesn't want to leave. And I know how difficult was like to be a public survivor, you know, at campus, walking to my dorm and feeling very unsafe at UNC. But, you know, exactly what I said, as soon as I find out about this case on Twitter is that, you know, I really I hope all tar heels who are watching this really call out the school, really make calls to Chapel Hill and make sure that the Chancellor Folt knows how serious this issue is and how important it is for us to make sure that UNC is safer for tar heels of tomorrow.

BANFIELD: Andrea, we sure appreciate you coming on to talk with us. You did a great job.

PINO: Thank you.

BANFIELD: ... in the Hunting Ground. I think everybody should see it. All parents, young men, young women should be aware of your message in what's happening on campuses today. And I think, you know, we'll probably going to have you back, because we're going to follow that case to find out if felony charges are filed in this one. And what happens with the misdemeanor charges as well.

PINO: Thank you. I'm watching it too.

BANFIELD: Appreciate it.

[12:50:03] Coming up next, we've been following this breaking news with us. I'm sure Dr. Oz sending out a release about the show that he just taped with Donald Trump. And apparently Donald Trump handed him something nobody expected him to hand Dr. Oz. It was a one-page result of his medical examination, and now an audience member who watched all of this happen and has a lot more information is about to join me live. A couple of minutes you're going to hear what that member has to say.

(COMMERCIAL BREAK)

BANFIELD: I want to go out live to the streets of New York, because joining me right now, someone who was just in the audience of a Dr. Oz Show taping. It's the taping that Donald Trump appeared in. This is the whole medical issue story and Laurance Rassin is with me live.

Mr. Rassin, thanks for jumping over to our cameras to help us sort of navigate through what happened in the show taping. What did you learn about Donald Trump's medical, you know, records, in the taping?

LAURANCE RASSIN, AUDIENCE MEMBER ON "DR. OZ": Well, I thought Donald Trump was very transparent, that he brought his medical records. His cholesterol was actually lower than mine, which was pretty impressive. I think he has a great medical record right now. He's been healthy. He said he's been healthy. I believe him. He's got a great report from his doctor, and I think that's great for his candidacy, and ultimately great for America.

[12:55:15] BANFIELD: So what happened exactly? Did Dr. Oz read out sort of a summary of the physical that Donald Trump had? Or did you actually get a list of lab results and numbers? Like what actually happened in that moment?

RASSIN: I thought it was very transparent. I was pretty amazed that they brought the medical record and we were actually sitting in the room while Dr. Oz went over Donald Trump's medical record. He's in great health. He said he'd like to lose a few pounds, but who wouldn't? And I think that, you know, he said that maybe that was the only thing he'd like to work on. But Dr. Oz did say, if he had a patient like Donald Trump with this report, he would send them on their way.

BANFIELD: So, again ...

RASSIN: So I think that's pretty telling.

BANFIELD: OK, so, I'm super curious, because the last one-page letter that we had from Dr. Bornstein, his personal physician, was real over the top, saying, you know, he's in astonishingly good health, he'd be the most healthy president ever to serve. And I wanted to know if this document that Dr. Oz read was in the same kind of vein as that other letter or if it was all fact, all data, all numbers, and all statistics?

RASSIN: Yeah. Yeah. No, I did hear about Dr. Bornstein's report, and this was purely facts. This was like you were in the room when you were getting the report back from the doctor like you do after a physical. He read through a number of things, and Dr. Oz was, you know, he was impressed.

BANFIELD: And so did you feel as though Dr. Oz was getting something for the first time? And was surprised by that moment as well, Laurance?

RASSIN: Well, you know, obviously nobody knew what Donald Trump's medical record was like until they read it. I think it was obviously transparent. I think it was important for him to, you know, divulge this information. And I think that Dr. Oz was impressed. You know, look, if -- he said he had a cholesterol, I think the number was under 170. I mean, mine's much higher than that, so even I was impressed. BANFIELD: And not everybody can see right now, because we've got a banner across the screen, but underneath the banner I can see that you're wearing -- there we go. You're wearing a Donald Trump shirt but I also understand you're a fashion designer in New York. Are you a trump supporter or a Trump fashion follower?

RASSIN: Well, you know, I'm a -- I -- I'll take that again. Ooh, I'm a Donald Trump -- sorry. I'm a Donald Trump supporter. I have been. I met him several times at his club in Palm Beach. I think he's a good candidate, and he just wants to make America great again. And I make fashion for both candidates. I have a candidate collection for this week's fashion week. And we'll be hitting the press with diamond and silk who are supporters of Trump's narrating my fashion show.

BANFIELD: All right, well Laurance, I appreciate you coming over to talk to us to give us some of the firsthand reporting what happened inside that show taping. Thank you, sir. Appreciate it. Laurance Rassin, joining us from the streets of Manhattan. Thank you. Thank you.

And thank you everyone for watching Legal View. My colleague Wolf starts right after this quick break.

(COMMERCIAL BREAK)