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Angelina Jolie Files for Divorce from Brad Pitt; Kennedy Daughter: George H.W. Bush to Vote Clinton; Should Bombing Suspect be Treated as Enemy Combatant; Oklahoma Police Shooting of Unarmed Black Man Under Investigation. Aired 2:30-3p ET

Aired September 20, 2016 - 14:30   ET

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

[14:30:00] MARIO LOPEZ, ENTERTAINMENT CORRESPONDENT & HOST, EXTRA: Laura Waszer (ph) is representing Angelina, a high-profile attorney specializing in celebrity divorce cases. She handled a number of high-profile clients with big net worth discussions, including Heidi Klum, Kim Kardashian, Ryan Reynolds, Mariah Carey. So it's sad to see because, again, there's children involved, that I've got six, three biological of their own, three they adopted. There was talk they might even adopt more. And we'll see how it plays out.

BROOKE BALDWIN, CNN ANCHOR: See them, photos from around the world.

I want to play a clip, Mario. This is Brad and Angelina on "Extra." This is 2014 when they're talking about marriage.

(BEGIN VIDEO CLIP)

LOPEZ: Is it still weird to you to hear "wife"? There's your wife?

BRAD PITT, ACTOR: No, actually, you know, it's something we thought we'd do for the kids and the family but I certainly walked away with a -- it means something, it's not just a piece of paper. I thought we were as deep as you can get with six kids and it upped the ante.

LOPEZ: What is it that makes your relationship with the man in your life so special after almost 10 years?

ANGELINA JOLIE, ACTRESS: He's my family. He's not just a lover and a partner, which he is wonderfully. But he's my family now. We have history and we -- we work hard to make -- to make it great. We don't relax about it and take each other for granted. So like everybody we -- you know, we somewhere our challenges but we're fighting to make it great.

(END VIDEO CLIP)

BALDWIN: Mario, a lot of people today, we all remember when he was once married to Jennifer Aniston. Remind us how Brad and Angelina Jolie first got together.

LOPEZ: Well, they were working on the film "Mr. And Mrs. Smith," and at the time, Brad was still married to Jennifer Aniston and that was sort of the genesis of when they initially worked together, got together, and the rest is history, as they say. They've been together since 2004. And Jennifer now happily married in her own right. Of course, the Internet being the Internet, there's memes all over the place right now with Jennifer Aniston and I'm sure it will be dominating the headlines and the online community for days to come.

BALDWIN: I'm sure it will. I wish them peace. Hopefully, they can do this amicable.

LOPEZ: Hopefully, right.

BALDWIN: Mario, let's keep our fingers crossed.

Thank you so much.

From "Extra"

LOPEZ: You've got it. Nice talking to you.

BALDWIN: Mario Lopez, thank you.

Coming up next, is he with her? Is former President George H.W. Bush, who lost his reelection bid to Bill Clinton in '92, crossing party lines to vote for Hillary Clinton? That story leaked by a member of the Kennedy family. This is the latest twist in this crazy election season. We'll discuss, next.

(COMMERCIAL BREAK)

[14:37:47] BALDWIN: When it comes to American political dynasties, they are the two biggest names around, and now it looks like they are joining forces, and even in this crazy election season this alliance is turning heads. Former Republican President George H.W. Bush is going to vote for Democratic nominee Hillary Clinton, that is what the niece of John F. Kennedy and daughter of Robert Kennedy, posted on Facebook. Kathleen Kennedy Townsend wrote, "The president told me he's voting for Hillary." Exclamation mark, exclamation mark. Kathleen Kennedy Townsend served as Maryland's lieutenant governor for eight years. Is it true?

We know who has the scoop, Jamie Gangel, CNN special correspondent; and also with us, CNN chief political correspondent, Dana Bash.

Jamie Gangel, I know you have the scoop. Is he voting for her?

JAMIE GANGEL, CNN SPECIAL CORRESPONDENT: So, we have Election Day. Did he say he's voting for her? Yes. We can confirm he said -- it was a group o about 40 people. It was a bipartisan group, but it was a private meeting. These were people from both parties who are members of the board of the Points of Light Foundation -- Republicans and Democrats. He did say it but he thought he was speaking to -- he thought he was speaking privately. He never expected it to come out.

She has not apologized. She has confirmed it. She has just taken the post down off of Facebook.

BALDWIN: After everyone and their mother has seen it. GANGEL: So it's up there already and I think the latest news is,

look, this is an advisory board. It comes together once a year, I don't think you will see her on this board next year. Both the Republicans and Democrats on the board were, to put it nicely, disappointed. As someone else said to me "furious" that she had done this. They just felt this was a private situation.

BALDWIN: Did you have official statements?

GANGEL: I do. So from Bush spokesman, Jim McGrath, what he says for the record, he will not confirm but he will not deny. "The vote president Bush will cast as a private citizen in some 50 days will be just that, private. He's not commenting in the interim."

But we have been able to confirm he did say it.

[14:40:11] BALDWIN: I want to come back on Barbara Bush.

GANGEL: Right.

BALDWIN: But, Dana, let me pivot to you. How big of a deal is this?

DANA BASH, CNN CHIEF POLITICAL CORRESPONDENT: It's a huge deal in -- kind of in a vacuum that a former Republican president and vice president, two-term vice resident ha has the legacy and party right now is not voting for the Republican nominee for president.

But I said that's true in a vacuum an, in theory, because it is George H.W. Bush, and you're talking about Donald Trump, it's not surprising. Jamie, I'm sure has heard this. I have also heard quietly that people who know him did not expect him to ultimately vote for Donald Trump. Voting for Hillary is a different thing but -- and it's not just about him feeling upset about the fact that Jeb Bush ran and was defeated and did not get the nomination. It's that Donald Trump could not be more different from the blue-blooded old-school sort of Connecticut- raised guy that is George H.W. Bush. He is kind of the quintessential old-school northeast Republican, who is quiet, who doesn't like to flaunt things. Personality wise, never mind policy wise, they couldn't be more different. And he agrees with his son, which is what his son has said many times that he doesn't think Trump is fit for the presidency. I don't know that for sure but it's hard to imagine he disagrees with Jeb Bush on that point.

BALDWIN: This is Bush 41.

I want to bring Jamie back in.

Because you also have his wife, Barbara Bush. You asked him -- you asked her about Donald Trump the last time, here is what she told her.

(BEGIN VIDEO CLIP)

BARBARA BUSH, FORMER FIRST LADY OF THE UNITED STATES: He doesn't give many answers as to how he would solve problems. He makes faces and says insulting things. He's said terrible things about women. Terrible things about military. I don't understand why people are for him for that reason. I'm a woman. I'm not crazy about what he says about women.

GANGEL: What do you think about Donald Trump?

BARBARA BUSH: I'm sick of him.

(END VIDEO CLIP)

BALDWIN: Wow, that was in February.

GANGEL: Right. That was the last time she spoke on the record about this. She did not at this meeting come out and says she's voting for Hillary but I think she speaks for -- you know, you can hear what she has to say.

And just to go back to something Dana said, the word "genteel" is often used about Bush 41. He's a gentleman. And so I think he wanted to keep this private. And as Dana said, he's the opposite of Trump in his very demeanor going around. To him, he has no comment about this, surprise, surprise.

That said he wanted to say that he was working very hard to reelect Republicans in Congress. He's been doing a lot of fundraisers for it. There is a photo I want to show you going all around social media.

This is from Nancy Reagan's funeral.

(CROSSTALK)

GANGEL: And it is Bush 43 giving Hillary a hug. On the other hand -- on the one hand, I would not think anything of that but they do have a nice relationship, on the other hand, he's the man that beat his father.

BALDWIN: Jamie Gangel, Thank you.

BASH: Can I say one thing?

BALDWIN: Please do.

(CROSSTALK)

BALDWIN: Quickly.

BASH: The other thing we should mention, even though Bill Clinton defeated George H.W. Bush, subsequently, the Bushs and the Clintons have become quite close, doing a lot of work together, even giving speeches on the road together. So George H.W. Bush knows the Clintons and knows Hillary Clinton and so it would be an informed opinion, an informed vote, if he does go ahead and votes for Hillary Clinton.

[14:44:39] BALDWIN: Apparently, he's with her.

Dana Bash, Jamie Gangel, thank you very much.

Coming up next, should the New York bombing suspect be tried as a criminal defendant or enemy combatant? We'll hear what's happening behind the scenes involving his rights.

(COMMERCIAL BREAK)

BALDWIN: The 28-year-old suspect in the New York/New Jersey bombings has been in custody for more than 24 hours but he remains in legal limbo. Ahmad Khan Rahami is charged with five counts of assault on a police officer. But sources tell us he has not yet been read his Miranda rights. You now have Republican Senator Lindsey Graham weighing in calling for Rahami to be treated as an enemy combatant, placed into indefinite military custody.

So I've got Jeff Toobin standing by. He's our senior legal analyst and former federal prosecutor.

On the Miranda right, how long do they have before they read him his rights?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: There's no set time limit and it's important to remember. There's nothing magical about Miranda warnings. They can question him without Miranda. The only issue is that he can't at some point use the testimony -- use the statements against him. But what they're looking for now is not so much incrimination of Rahami, they're looking are there any other bombs out there, are there any other people out who they need to arrest? Those subjects they can continue and use that regardless of Miranda warnings. Miranda warnings only relate to whether the statements can be used against him later in a criminal trial.

[14:50:29] BALDWIN: I remember when we had similar conversations about the younger of the two Boston bombers and there were calls for him to be declared an enemy combatant versus a criminal defendant and ultimately the president and the administration said no. What's the difference?

TOOBIN: There's a big difference. The process is -- it's the people being held until Guantanamo Bay some are being tried under enemy combatant rules. The trials haven't proceeded. The Obama administration said all accused terrorists, particularly those arrested within the United States, should be treated within the American criminal justice system and very effectively. The -- all of the would-be terrorists or accused terrorists have gone to trial, been convicted, sentenced, well before even the military combatants trials have gotten under way. So the Obama administration is very wedded to the idea of trying these people within the criminal justice system and so far it's worked?

BALDWIN: Jeffrey Toobin, thank you so much.

TOOBIN: OK, Brooke.

BALDWIN: Coming up next, he was standing near his car that had broken down, hands high in the air. So why did a police officer shoot and kill this unarmed black man? Lots and lots of outrage. And police explaining why.

(COMMERCIAL BREAK) [14:56:19] BALDWIN: More outrage across the country after another unarmed black man is killed by a police officer. I'll show you video.

A fair warning, the dash cam video you're about to see is graphic.

(BEGIN VIDEO CLIP)

UNIDENTIFIED LAW ENFORCEMENT OFFICER: Which way are they facing?

UNIDENTIFIED LAW ENFORCEMENT OFFICER: They're facing westbound. Just been tasered.

UNIDENTIFIED LAW ENFORCEMENT OFFICER: Shots fired.

UNIDENTIFIED LAW ENFORCEMENT OFFICER: 321, we have shots fired. One suspect down.

(END VIDEO CLIP)

BALDWIN: 40-year-old Terrance Crutcher was the man in the video. His SUV was stuck in the middle of the road after it had broken down. Police received two 911 calls about his car blocking the road. But when authorities arrived, police say Crutcher would not comply with demands and walked back towards his car and reached inside.

But there's another piece to the story. The officers in the police helicopter hovering high above the scene. they are also being scrutinized here because of their comments just before the shooting. Listen to this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED LAW ENFORCEMENT OFFICER: He's got his hands up there for now.

UNIDENTIFIED LAW ENFORCEMENT OFFICER: I'm going to hit the recorder. This guy is still walking. He isn't following commands.

UNIDENTIFIED LAW ENFORCEMENT OFFICER: Time for a taser, I think.

UNIDENTIFIED LAW ENFORCEMENT OFFICER: I got a feeling that's about to happen.

UNIDENTIFIED LAW ENFORCEMENT OFFICER: That looks like a bad dude, too. Has to be on something.

(END VIDEO CLIP)

BALDWIN: Investigators later learned Crutcher was not armed. He did not have a weapon on him or in his car.

Ana Cabrera is on this for us in Tulsa, Oklahoma.

I know so many people reading about that are saying, how could this happen again? As far as the investigation goes, where does it stand right now? ANA CABRERA, CNN CORRESPONDENT: Right now, Brooke, there are two

separate investigations. The local investigation into whether there was criminal wrongdoing in shooting and killing Terrance Crutcher, there's also a Department of Justice investigation into whether there were civil rights violated in this case. DOJ is opening their investigation after seeing the video we have just shown all of you.

That video will be a crucial part in this investigation. The police chief acknowledging that the video is disturbing and saying they're releasing this right now in an effort to be transparent as they conduct their investigation. But they aren't saying much more than that.

On the other hand, the officers' attorney says there's a lot more to this story than what you see in the video. Officer Shelby -- is her name -- is the first officer who comes upon the vehicle that is Terrance Crutcher's. But she was responding to a different call at the time. She encounters Crutcher in the middle of the road. She sees his video a ways up the street. He's not in the vehicle at the time. This is before we see the police video. And we're told by the attorney that there was a lengthy interaction between the two in which the officer is trying to get more information, wants to help Crutcher, according to her attorney, and is asking him questions. He's not responding. He puts his hands into his pockets multiple times. She continues to ask him to take his hands out multiple times. She continues to ask him to take his hands out. And then you see in the video where he's raising his hands walking back towards his car. And the attorney tells us, while he's walking, Officer Betty Shelby is asking him multiple times to stop, to not go any further. He reached into the vehicle right before the shots were fired, and that she fired the shots at Crutcher because she was worried that he may have had a gun in the vehicle. That's the officer's side of the story. And, of course, her interview with police and investigators will be also a big piece of this story moving forward.

The family wants to see charges filed immediately against the officer.

Back to you, Brooke.

BALDWIN: We'll stay on it.

Ana Cabrera, live in Tulsa, thank you so much.

We continue on. Top of the hour. I'm Brooke Baldwin.