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Legal View with Ashleigh Banfield

Weekend Bombings Latest; Suspect Arrested in NYC, New Jersey Bombings. Aired 12:30-1p ET

Aired September 19, 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] ROBERT BAER, CNN INTELLIGENCE ANS SECURITY ANALYST: -- went off on 23rd Street, and put it in a confined area, a nightclub, a restaurant. We would have 29 fatalities.

Right now that bomb was very potent, in a confined area. It had aluminum powder, which would kill a lot of people. So I think we're very, very lucky that he didn't decide to take himself with that bomb, which is very possible. You look at this guy. He was ready to die, and you know, more of this could be on the way. You know, this is a very dangerous situation. We can say, look, just 29 wounded. It sort of, you know, not that bad. But, in fact, these things can turn very nasty very quickly and we're lucky.

And so I think the main thing when we get this guy, you know, in and talking to him is to ask him, who else is out there and who else is, you know, planning to make bombs? I mean, you know, he got to stay ahead of this investigation, and there is a serious threat over New York and the rest of the country if people like him who could get on the internet, find the stuff and are determined to die.

ASHLEIGH BANFIELD, CNN ANCHOR: So Juliette, I want you with your national security background to bounce off what Bob just said about this maybe, you know, a local incident in New Jersey and a local incident in New York. But if there is a greater terrorist cell at work here there's a lot that needs to be gleaned from this man and then also perhaps his community, his family, his friends. So what happens next in that aspect?

JULIETTE KAYYEM, CNN NATIONAL SECURITY ANALYST: OK. So there's going to be two pieces, and Bob is exactly right. And, look, those of us in counterterrorism sort of now accept there's a persistent threat. And so we have to figure out and try to stop it beforehand.

So the investigation is going to be around him. Obviously, his physical presence, who does he work with? Who does he talk with? Who's his roommate, if he lives with his family, that sort of that more traditional type of investigation?

And then the second piece will be his -- the network out there. Who is he communicating with online, in back channels? Does he have a foreign ties? What are those ties? Did they lead him to this? Is he self-radicalized? Those two pieces will give us the clear narrative about him and then, of course, about a network that maybe out there to harm us. And just picking up on Bob's point, look, you know, this is sort of high, you know, look we all sort to feel a little bit at unease. I recognized that, but also life moves on. And so what New York is now facing with the U.N. general assembly, that's what I mean by life moves on, is now going to have to surge resources into New York, because of the obligation we have to ensure that all the foreign visitors are actually protected, and the citizens of New York are protected.

So you can see how stressful these Homeland jobs are because one thing finishes, and guess what? You got another thing coming down the pike.

BANFIELD: And to that end, New York City Police Commissioner, I mention it up at the top of the show, it's the first day on the job. He was supposed to be sworn in at 11:00 this morning, instead he deals with this and they held over the overnight shift. So that overnight shift was held over into the morning of the NYPD. We're talking thousands of officers here and they added additional officers as were.

If I can ask the three of you to stay with me for one moment as we continue to look at this exclusive video from WABC in New York as they captured the moment after the shoot-out that that suspect was arrested and cuffed to a gurney, and loaded into an ambulance.

We can tell you now, he was headed to University Hospital at Newark as was one of the officers who was struck and injured, two of them at the same hospital, another officer to a separate hospital. We're expecting to hear from New York's Mayor Bill de Blasio live at any moment. New York's Police Commissioner, first day on the job, Commissioner James O'Neill. The FBI will bee present and the U.S. Attorney present as well. We're going to bring it to you live just as soon as it begins.

And up next, what have we learned from the bombs that were left at four different locations in New York and New Jersey? Do the forensics point to one man? That man perhaps, or a much bigger cell and thus a much bigger problem? Back in a moment.

(COMMERCIAL BREAK)

[12:38:32] BANFIELD: Continuing our breaking news on the arrest of a suspect who's been sought after for a very short time, but in a very loud way nationally. That man on that stretcher. It is presumed it is Ahmad Khan Rahami, a man who an alert went out over every New Yorkers cell phone just before 8:00 this morning much like an amber alert. Very unusual that cell phones going off all over New York with an alert for that man.

His image released shortly after. He was wanted in connection with several of the bombing incidents in New Jersey and New York over the last 36 hours and look at that. Within a day and a half, he is in a -- in an ambulance headed to a hospital, presumably sustaining gunfire in a shoot-out in Linden, New Jersey with police officers before being cuffed to the gurney and taken in for care.

Two other officers' also sustaining injuries, one of them taken to the same hospital as the suspect himself, another taken to a separate New Jersey hospital. For her part, Hillary Rodham Clinton was already organized for a rally in Philadelphia, but it was supposed to be the millennials, a topic completely separate and devoid of terrorism. But this has happened, so quickly she switched her remarks and off the beginning of her remarks she actually referenced the arrest of this man, and the first responders. Let's have a look.

(BEGIN VIDEO CLIP)

HILLARY CLINTON, (D) PRESIDENTIAL CANDIDATE: ... do want to say how proud I am of our brave first responders working to keep us safe after the attacks of the last weekend in New York, New Jersey and Minnesota.

[12:40:10] There are now reports of a suspect in custody, but we must remain vigilant. This is a fast-moving situation, and a sobering reminder that we need steady leadership in a dangerous world.

(END VIDEO CLIP)

BANFIELD: The candidate then went on to her regular event, but we had missed it and wanted to make sure you got it again. You're seeing these incredible pictures of the moment after the shoot-out courtesy of WABC in New York. Their cameraman catching the moment that those other first responders who did not sustain gunfire were able to load him up and cart him off, and the investigation now begins in earnest, and he's going to play a very big part of it.

I do want to bring in someone who can tell us a lot about what happened that led us to this moment, because consider all that's transpired over the course of just the weekend. Multiple devices found in four different locations. New York, that's the bomb that exploded in Chelsea, and then a pressure cooker bomb that was found several blocks away.

Elizabeth, New Jersey, that was up to five devices loaded into one backpack and then Seaside Park, New Jersey. There were three pipe bomb devices that were found. One of them detonated in a trash can, and now the discussion is that they are linked, and that the suspect Ahmad Khan Rahami is linked to all three.

But, what can the forensics tell us about getting to him? I want to bring in Anthony May if I can, the Security and Explosives Consultant and retired ATF Explosives Investigator who's taught us a few things about some of those explosives.

Remarkably, Anthony, the garbage can, the dumpster, the heavy metal dumpster in which the Chelsea bomb was placed, there is a very strong aspect to the detritus that was left behind that tells you a lot about what this bomb was, what it could have done and what it actually gone -- did. Can you walk me through that?

ANTHONY MAY, SECURITY AND EXPLOSIVES CONSULTANT: Certainly. You know, there's been some reports as to the bomb was under the dumpster. The bomb was in the dumpster, regardless that that trash bin, that metal trash bin played a significant role here. Now, I'm at somewhat of a disadvantage because I examined the photograph of one angle of this dumpster, but that photograph lends me to believe that the bomb may have been inside that dumpster. And if that's the case, that dumpster acted as a total containment vessel that was open-vented. Meaning that the explosion took the path of late resistance ...

BANFIELD: So as you say that, Anthony, I'm going to interrupt you only for a moment.

MAY: Yes.

BANFIELD: We're just switching over to a video. We were just seeing the Elizabeth, New Jersey bomb detonation. And I want to go back to that in a moment, but right now what you're talking about is what's on our screen.

That dumpster -- you're saying the path of least resistance was upward because going outward there was a resistance of the container itself. Is it -- that the bomber was an idiot or did he think maybe he get better damage?

MAY: You know, look, this whole scenario, all weekend, has been a lot of unusual events by this individual, if he is the bomber. And I say that by meaning this, his actions make no sense in what we have known in the past from the Seaside event to the Chelsea, to the four blocks away, to dumping there apparently bombs in Elizabeth, New Jersey. The guy either -- is on the run, chickened out, but his whole tactic, his whole placement of devices placing it in or near that dumpster mitigated a lot of the effects of that bomb.

There would have been tremendous amount of damage, especially with the fact that we've got shrapnel, BBs, ball bearings in the pressure cookers. And the pressure cookers are significant in the fact that they are designed to hold as much pressure as long as they can, which basically gives you a bigger bang for your buck, if you will, which would create a very devastating device.

BANFIELD: And there is the pressure cooker actually, Anthony that was -- so just a few blocks away from that bombed out dumpster that we were just showing you, this was found. The pressure cooker device, still intact, unexploded, and you see clues in this image that the naked eye or the lay person wouldn't see.

We're also hearing that it's perhaps a fingerprint, and maybe a cell phone component to this, that may have actually led us to the suspect Ahmad Khan Rahami. But walk me through this pressure cooker and the intelligence you get out of just seeing it from the photograph.

MAY: Certainly. Now, keep in mind that this is just one aspect of the investigation. The pressure cooker found intact yields a tremendous amount of evidence. It's going to tell us whether or not the individual we have in custody actually built it, from the tape that you see drawn across the top of that pressure cooker.

[12:45:06] The adhesive portion of that is going to retain possibly fingerprints of whoever built it, DNA evidence, trace evidence, hair fibers. What we're seeing here is a typical design that is out there on the internet. The "Inspire" magazine talked about how to build these.

The "Inspire" magazine is an al-Qaeda magazine produced magazine by the Boston Marathon. However, there is no indication right now that this individual is linked to al-Qaeda. So we need to make sure that's important.

But the important -- what's important here is the fact that's a brand new pressure cooker. I think so shiny that some store clerk somewhere in the New Jersey, New York area, possibly New Jersey is going to remember selling multiple pressure cookers, same way -- same with the pipes.

They -- we were up to, like, eight pipe bombs. Someone, somewhere is going to remember selling a lot of pipe nipples, a lot of end caps, and most importantly, too, is somewhere out there is the house or the safe house where these devices were put together. There are maybe more devices. There's a lot of evidence.

But, that pressure cooker alone from the cell phone to the, you know, if fingerprints were recovered, possibly recovered, and I believe this individual is to be a naturalized U.S. citizen, his fingerprints would already be on file, and that's why they were able to quickly get a hold of him.

BANFIELD: You should also mention, Anthony, they may have purchased that, you know, online as well. But I have to leave it there. Anthony May, thank you very much for your expertise on this.

I also -- I'm very relieved to report that the suspect in New Jersey and in New York, in those bombings, is in custody is actually at a hospital at this point and will likely be questioned very soon if not already.

These were the images that came in to CNN via WABC earlier today, exclusive images they shot of the actual moment he was arrested, just past the shoot-out, with police. Two police officers sustaining injuries as well, one of them being shot in the hand, the other shot in the vest. And if you missed it earlier, one of those officers who was injured was taken to the same hospital in Newark as that man.

New York's Governor Andrew Cuomo joining me live now. Governor Cuomo, thank you so much for taking the time to speak with me. I understand that you've just had a chance to speak with the president.

GOV. ANDREW CUOMO, (D) NEW YORK: Yes, I did, Ashleigh. It's a pleasure to be with you. It's been a wild couple of days here in New York, obviously.

The president was calling to make sure that we had everything that we needed. That the FBI and Department of Justice and the entire Federal government was being as helpful as it could, and which I said they have been extraordinary, and they really have been. The FBI has done a fantastic job, et cetera, and the coordination has been seamless. I told him what we were doing in New York in terms of extra precautions with the U.N., et cetera. And I assured him that New Yorkers are not going to be intimidated. That's not in our DNA. And that's what these terrorists are really looking for. They're looking to intimidate us and they're looking to disrupt our way of life and it's not going to happen.

The events of the past few hour s are really amazing. I mean, we said that this man had to be brought to justice and brought to justice swiftly, and the next day Rahami is now in custody. I spoke with the chief of the Linden police, Chief Parham and I congratulated him and wished the officers who were hurt. I wished them well. He said they were not life-threatens, thank God, but it was smart police work by the Linden police.

It was really extraordinary, and I think this is an important message for people. You think you're going to do a terrorist activity in the United States, or New York, or New Jersey, you better think again, because we have the best police and security anywhere on the globe.

And now for the FBI, I think the investigation really begins after the apprehension. Was it just Rahami? Was he acting alone or are there people on the video? And we'll go from there to see the extent of the activity.

BANFIELD: And that was my next question because New Yorkers, notwithstanding the resilience of those who live here and in New Jersey as well, they also worry there could be more devices out there, more people out there with devices yet to be laid. What can you tell me about that part of the investigation, understanding that we are very early in the arrest of this particular suspect?

CUOMO: Well, two things. First, the investigation is now around Rahami. Did he act alone? There were other people on the surveillance video. Multiple videos had multiple people. So who his co-conspirators? Was there a cell? Was he a lone wolf, et cetera?

[12:50:04] That has to go forward. Second, what New Yorkers, what people in New Jersey, what Americans have to realize is, this is the world we now live in. You know, this is a post-9/11 world.

There's terrorism almost on a weekly basis. It's all around the globe. It's all around the country. It's small cities, big cities. I think New York maybe more of a target, but, you know, it's been San Bernardino, California, it's Minnesota, it's everywhere.

So, to a certain extent I think we have to accept it. Be vigilant. Be protected. But, live your life, because what they're trying to do is disrupt our freedom. And if you give them that, then they win, and we're not going to let them win.

BANFIELD: Governor, let me ask you -- and it may be early in the investigation. I don't know if you've been briefed at all. This is an Afghan immigrant, naturalized U.S. citizen. Is there any suspicion at all that these attacks or this series of crimes over the last 36 hours have some kind of foreign connection? Do you have any intelligence with us?

CUOMO: I think it's early for that, Ashleigh. I'm sure that that's going to be an important line of inquiry. Who was Rahami acting with if anyone? And if he had co-conspirators, what were their alliances? And I'm sure that's where the investigation will go.

But, again, that he is in custody. He is in custody this quickly was a tremendous feat of police activity, and the FBI and the NYPD and the New York State Police and the Linden police, I mean, they really deserve kudos, because they did a great, great job here.

BANFIELD: So, I don't know if he knows he has the right to remain silent, but if he's the focus of the investigation and chooses to do so as an American citizen as someone on U.S. soil, he can clam right up and go to trial, if he wants.

Those around him, however, family, friends, community, what is the responsibility of the surrounding members of his community, and what is the responsibility of first responders and those in the investigative teams who will be now fanning out to find out as much information as they can? What -- where do you see that dynamic going?

CUOMO: Oh, well, I think one of the offshoots of the fact that he was apprehended so quickly, obviously there were people who were cooperative. And my guess is that cooperation will continue.

This was a heinous act period. And the fact that the people around him are American citizens, I think they'll be more forthcoming and they'll want to see justice. And that is exactly the, the next task for this investigation, and that's where it will go.

But don't lose the fact of how important this expeditious apprehension was, because I think it's a very, very powerful signal internationally. And I think as a -- as the governor of the state of New York, I think it's very important for people to realize, when we say we'll get our man, we get -- will get our woman, the person will be brought to justice, we mean it, and that's exactly what happened here.

BANFIELD: Governor, we're still awaiting a press conference with hopefully further details as well. I just want to let our viewers know as they listen to you that Mayor Bill de Blasio will be taking to the live mike shortly.

The Police Commissioner in New York City, the FBI Assistant Director and the U.S. Attorney, but before they do that with the informative aspects of details in this investigation, I'd like to get one last comment from you if I can and that is on the political, because an event like this has already been treated somewhat differently by the two candidates.

Donald Trump talking about the difficulties in the Muslim community with immigrants. Trojan Horse, I believe was a term that he brought up earlier. Hillary Clinton talking about the investigative needs, the slower response, the more thoughtful response. There is an election 50 days away, I don't need to remind you, but the effect of what's happened in your state and in neighboring New Jersey, on the campaign and where it will go from here, your thoughts?

CUOMO: Look, first, I don't think this should be a topic that is politicized. Now, you can say that's naive, and in this environment, everything is politicized.

[12:55:01] But something like this, when you're dealing with national security, when you're dealing with a person who literally was committing a terrorist act, I'd like to see us be able to put our politics aside. But it has been politicized. What it's called, what the individual candidates' responses would be?

I support Hillary Clinton. I worked with Hillary Clinton for eight years. I was part of the Clinton administration. I was Bill Clinton's -- in Bill Clinton's cabinet as the Secretary of Housing and Urban Development. And I believe experienced matters. I believe knowing how to handle international affairs matters.

I think the fact that Hillary Clinton was Secretary of State, I think that matters and having been through these situations matters. It's not common sense. It's not attitude. There is an art form to international relations. There's an art form to managing government. People forget that, you know. I want different. I want a clean sweep.

Yeah, you also need someone who knows what they're doing, you know. You get in an airplane you want the pilot to know how to fly. Running a government is also an expertise. And I know that Hillary Clinton has extraordinary experienced and wisdom, especially in this field.

Now, again, I'd rather not see it politicized. I'd rather not see events like 9/11 politicized, but if you want to say who can handle international relations better in a situation like this? I think the answer is Hillary Clinton.

BANFIELD: Governor Andrew Cuomo, kind enough to join us live as we continue to await the further information. Governor, Sir, thank very much for your information and for your time today. Clearly, the candidates will be giving their say on how they feel about this.

In the meantime, we're going to continue our coverage. I believe the mayor of Elizabeth, New Jersey is speaking live at this time. Let's listen.

MAYOR CHRIS BOLLWAGE, (D) ELIZABETH, NEW JERSEY: ... Dan Mena (ph), our sheriff Joe Krein and numerous department directors that are here as well. I know the Union County Prosecutor's Office may still be here. FMBA President Ed Donnelly and Vice President Rich Mikulski, I thank them for the support of the FMBA.

The city of Elizabeth is awarded a safer grant with more than $5 million in funding, hired 36 firefighters, 21 of those recruits are here today and with the events that have occurred in the last 24 hours, Homeland Security funding is more important than ever. Securing our residents and ensuring the health and safety of our first responders is extremely important. Firefighters and police officers go to work and they do not know what they will encounter as evident in our city over the last 16 hours. More firefighters will help improve the safety of our department, their ability to provide more effective service for our community.

And, you know, this could not have been possible, this grant, without the help of our congressional delegation. And I'd like to introduce them for a few words. First, I'd like to introduce our senior senator. When we were looking for a grant years ago for housing and I hope six projects where there would be that $100 million grant, Senator Menendez then a Congressman was instrumental.

Whether working for a police grant under the Bill Clinton Crime Initiative then Congressman Menendez was efficient and effective in helping us get that grant and today this may extremely helpful in getting us this $5 million grant. The Senior Senator from New Jersey, Senator Bob Menendez.

SEN. ROBERT MENENDEZ, (D) NEW JERSEY: Thank you, Mayor. Well, thank you, Mayor. Let me congratulate the Mayor and the fire chief and the members of the department. As I always say, these are competitive grants across the country. And the competition is fierce. Overwhelming, billions of dollars sought for millions of dollars available.

So this $5 million grant, safer grant, to the Elizabeth Fire Department putting 36 firefighters to work after a depletion of firefighters, because of retirements and whatnot is a commitment by the Federal government, matched by the municipality to continue to protect our citizens.

Now, I know that many of you here are here for a different reason, but let me just say for many times those of you have covered these events, I have made it a significant point to say that on that fateful day on September 11th we learned that it was local police, firefighters and emergency management that were the first responders on that fateful day.

And it is true today, a decade d a half after that September 11th day when there is a new challenge that it is local --