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Manhunt for Macy's Shooter Who Killed Five; Cruz Endorses Trump After Months of Hostility; Victim's Family Releases Video of Fatal Encounter; FBI Releases Notes on Clinton Email Investigation. Aired 7- 8a ET

Aired September 24, 2016 - 07:00   ET


[07:00:00] VICTOR BLACKWELL, CNN ANCHOR: Next hour of your NEW DAY starts right now.


CHRISTI PAUL, CNN ANCHOR: I want to wish you a good Saturday morning. Thank you so much for sharing your company with us. We're always grateful. I'm Christi Paul.

BLACKWELL: And I'm Victor Blackwell. Good to start with you.

PAUL: We do, unfortunately, have to start with breaking news out of Washington state. Take a look at your screen, please. There is an intense manhunt going on for this man right now. They say he opened fire last night inside a shopping mall and killed five people.

CNN's Jessica Schneider has more for us.


JESSICA SCHNEIDER, CNN CORRESPONDENT (voice-over): Four women shot to death and one man fatally wounded Friday night at the Cascade Mall in Burlington, Washington. All of the victims were inside the Macy's Department Store.

UNIDENTIFIED MALE: Yes, sounds like it was right there in the makeup department.

SCHNEIDER: This morning, police are looking for this unidentified suspect captured on the store surveillance camera. Authorities believe he was carrying a hunting type rifle and they believe he acted alone. Police searched the mall but some reports say he left and headed toward a freeway.

UNIDENTIFIED MALE: We are still actively looking for the shooter. Again, caution people. Stay indoors. Stay secure. If you see something, say something. But definitely stay locked down in your houses before we can get this guy caught.

SCHNEIDER: The shooting came amid a typically busy night at the mall. After the gunfire, the entire complex was evacuated. Many of those who came out were taken to a nearby church for safety. ARMANDO PATINO, MALL WORKER: The most chaotic I've seen in a while.

The most chaotic to me that's ever been here. I wouldn't think this would even happen here. So, I'm shocked.


SCHNEIDER: Police and K-9 spent the night searching that 500,000- square foot mall. The shooting began around 7:00 local time. And as they conduct this manhunt overnight, authorities say there's no indication that any additional attacks were planned throughout Washington state -- Christi.

PAUL: All right. Jessica Schneider, we appreciate it. Thank you.

BLACKWELL: All right. Let's get the latest on the shooting we know that five people have died as a result of the shooting at the mall.

I got on the phone with Sergeant Mark Francis with the Washington State Patrol.

Sergeant, good morning to you. I know it's a busy overnight for you, 4:00 a.m. on the West Coast.

SGT. MARK FRANCIS, WASHINGTON STATE PATROL (via telephone): Good morning.

BLACKWELL: We've seen the paragraphs. But do you know investigators have identified who this man is, the man they're looking for?

FRANCIS: We haven't put the identification out quite yet just for reasons for our investigation. But we're trying to go to every lead to identify him.

BLACKWELL: So, you had to release it publicly, but investigators know, believe they know who this man is?

FRANCIS: Not quite yet. They're getting close it sounds like.

BLACKWELL: OK, all right. So the latest report we had is he was going to -- he was headed on Interstate 5 away from the mall. Is that leading investigators to any specific area, any city, any town that this is now concentrated in or around?

FRANCIS: Yes. So, the actual -- so, he was actually walking towards the interstate. Not traveling on the interstate. So, he's heading towards that direction. Like I said earlier, it's kind of -- Skagit County is interesting. It's rural.

But there are a lot of commercial buildings, as well as houses. I mean, there's a lot of places that he could have gotten to.

BLACKWELL: Any evidence that he got into a vehicle at anytime and drove off? Or just the latest you know that he walked toward I-5?

FRANCIS: Yes, that's the latest I know, he was walking towards I-5. Obviously, there's many different possibilities that we're trying to track down where he went from there.

BLACKWELL: Is this, from what you've learned so far, a simple criminal act? Or this being investigated for potentially having some political or terror nexus?

FRANCIS: You know, every option is open right now. We're specifically looking at the motive, specifically, why he targeted those people. So, hopefully, he'll answer those questions.

BLACKWELL: Have witnesses there at the mall, have they told you that he that he was targeting specific people?

FRANCIS: Nothing that I've been made aware of yet.

BLACKWELL: I wonder also, as you continue to conduct this search, what's shut down? What is happening there? Give us -- we have video from overnight, but give an idea of what is physically happening now?

FRANCIS: So, what's happening now, the entire parking lot to the mall, as well as adjacent strip malls and buildings are fully shut down. We've got our detectives who have been working overnight who are now processing this crime scene.

[07:05:01] BLACKWELL: Did he leave a vehicle there?

FRANCIS: So, that's the other thing. Obviously dozens and dozens of cars are still in the parking lot. So, when I say crime scene, I'm not just talking about the place inside of Macy's where the shooting happened. The entire parking lot is going to be a crime scene. They're going to be looking at our cars. They're going to be exhausting a lot of efforts trying to investigate this.

BLACKWELL: I understand the scope of the investigation. But do you know if he left the vehicle there that can be processed and determined if it helped investigators lead investigator to where he is?

FRANCIS: Not that I've been made wear yet.

BLACKWELL: All right. Sergeant Mark Francis giving us an update there at the shooting at Cascade Mall. Now the death toll at five, four women, one man, shot and killed late yesterday at cascade mall. Thanks so much.

FRANCIS: You're welcome.

PAUL: All right. Let's go to Matthew Horace, he's CNN law enforcement analyst.

Matthew, thank you for being with us.

Based on what you just heard, what do you say -- is really going to be the most difficult thing for them to pinpoint?

MATTHEW HORACE, CNN LAW ENFORCEMENT ANALYST: Well, it's going to be difficult to pinpoint if he drove there, if he walked there, if he was dropped off there. As the sergeant said from Washington State Patrol, the parking lot is still full because it's a crime scene. They're going to have to match up people with vehicles and evaluate out and determine.

The other thing is that, that area, like you said, I'm very familiar with the area, it's very rural, only hours away from the Canadian border, and hours away from the Cascade Mountains.

So, whether he got on I-5 and went north or south, he could be hundreds away already.

PAUL: OK. So, when you hear that he was just talking about, that he did leave on foot, and you're suggesting, certainly he could have gotten into a car. But I think a lot of people are watching this thinking, he walked into a mall, he shot four people and then he walked out. How quickly does something like this happen where he can just walk away and get away so quickly?

HORACE: Well, you know, the way it sounds, you would think that he was seen by a hundred people walking in that mall and it would have been mass chaos. Maybe, maybe not. He may have had the rifle in a bag when he walked in the mall. He didn't draw the attention of anyone. He might have had it under clothes and pulled it out.

These things happen very fast, Christi. They happen at a blink of an eye. And once the chaos starts and people starting running and hiding, it makes it very easy for a person to just leave the scene and walk out.

PAUL: So, when we hear he's walking towards the interstate. Surely, if he would have, say, carjacked somebody on the interstate, gotten into their, we would have heard about that by now, do you think? It's happened 7:00 p.m. their time.

HORACE: Maybe, maybe not. If he had carjacked someone and kept them, you probably wouldn't have heard it. If he carjacked someone and put them out of the vehicle, you probably would. This case, very rural, a lot of land, a lot of real estate and hopefully, he's out of the country even for that matter.

PAUL: Any indication that there was someone else in a getaway car waiting to pick him up?

HORACE: Well, that's always a concern. Most times when you see these types of thing, lone wolf attack, one person, one plan.

PAUL: OK. All right. Matthew Horace, appreciate your insight. Thank you for being here.

HORACE: Have a great day.

PAUL: Thank you, sir.

BLACKWELL: And turning to politics and what we've seen in Charlotte overnight, Donald Trump and Hillary Clinton have now put off their plans to visit Charlotte, at least putting them on hold for a while, while the situation plays out, that in response from a request from the mayor. Now, the big focus, of course, Monday night's first presidential debate. What to expect when they go head to head. We'll talk about it coming up.

PAUL: And in the meantime, after months of bitter name calling, Senator Ted Cruz makes a stunning U-turn and signs up for Team Trump. How did that play?


[07:12:08] BLACKWELL: Donald Trump and Hillary Clinton will face off in the first presidential debate on Monday. You see it there on almost half the screen now. Just days before a stunning turn of events. Senator Ted Cruz announced he's going to vote for Donald Trump.

And let's go back a bit, because they were bitter rivals. Cruz called Trump a pathological liar and refused to endorse him at the Republican Convention. It was Trump's party and he didn't endorse him there. But it appears now that Senator Cruz has had a change of heart.


SEN. TED CRUZ (R), TEXAS: A year ago, I stood on stage in front of the American people and I made a promise I would support the Republican nominee. That's a promise I made to people across this country. And as I thought about it, prayed about it, what to do, what my conscience told me is I need to keep my word.


BLACKWELL: Let's bring in CNN correspondent Chris Frates.

Chris, everything the Republican said there was true when he told voters to vote their conscience. Why the change of heart now?

CHRIS FRATES, CNN CORRESPONDENT: It's a great question, Victor, and as you point out, he called Trump a bully, a liar and a narcissist. And now, Cruz wants Donald Trump to be president. Where Trump a couple months ago said, you'll remember, he wouldn't accept Cruz's endorsement. He gave the Texas senator the rhetorical equivalent of a bear hug saying this in the statement.

Quote, "I'm greatly honored by the endorsement of Senator Cruz. We have fought the battle and he was a tough and brilliant opponent. I look forward to working with him for many years to come in order to make America great again."

Now, you'll remember that during the primaries, Trump knocked Cruz's wives looks, and even suggested that Cruz's father was involved in the JFK investigation, which frankly was just plain untrue.

Here's what Cruz had to say about Trump earlier this year.


CRUZ: I'm going to tell you what I really think of Donald Trump. This man is a pathological liar. He doesn't know the difference between truth and lies.

I am not in the habit of supporting people who attack my wife and attack my father.


FRATES: Well, Victor, I'll tell you, that all appears to be water under the bridge now. Ted Cruz saying Donald Trump should be president.

BLACKWELL: It's got to be a pretty high bridge. What's the reaction from the Trump campaign?

FRATES: Well, as you saw, the Trump campaign very happy about it, in fact, Mike Pence, the VP nominee was a big part of getting this done. He got into talks with Ted Cruz and he saw Donald Trump move towards Ted Cruz. Ted Cruz concerned about some of the conservative picks for Supreme Court justice. Donald Trump put out some new picks that included Senator Mike Lee, a very good friend of Ted Cruz.

[07:15:00] And Donald Trump also took Ted Cruz's side in Congress over the Internet, taking a more conservative position in line with Ted Cruz. So, all of these things kind of help bring Ted Cruz over to the Donald Trump camp -- Victor.

BLACKWELL: All right. Chris Frates for us -- watching it from Washington. Thanks so much, Chris.

FRATES: You're welcome.

PAUL: You know with a couple days to go before the debate, both Donald Trump and Hillary Clinton are in prep mode for a big night.

Let's talk about that and more with CNN politics producer Dan Merica.

So, Dan, you know, we hear that she and he both sitting in front of the TV screens watching past performances of each other at different debates in different scenarios. What do you know about the strategy for both of them beyond that?

DAN MERICA, CNN POLITICS PRODUCER: I think that there's very few in this campaign that they agree on. One thing they both agree on, at least their campaigns agree on, is that this is a big moment. Monday is possibly the first time that a lot of voters goring to see these candidates kind of speaking about their policies, speaking about what they would do as president. And their expectations that this will be the most watched presidential debate in history.

Now, both candidates are trying to lure expectations that campaigns have said in different ways that their candidate -- they're touting the other candidate's credentials, the Clinton campaign is saying Donald Trump is very clearly a skilled debater. The Trump campaign -- the Republicans will note that Clinton has a lot more experience on the debate stage. This will be Donald Trump's first one-on-one debate. As has been noted, there was no one-on-one debate during the Republican debate during the Republican primary. Hillary Clinton on the other hand has a lot of experience, upwards of

40 debates in primaries and in Senate debates as well. So, the strategy going in, and for the last couple of weeks has been lower expectations. On the debate stage for Clinton is to avoid letting Trump get under her skin. And so what we've been told is that she's preparing a one-line quick rhetorics if Trump goes into a number of touchy subjects.

PAUL: OK. So, she had said earlier in a scenario in which she was talking to an audience at a fund-raiser, she said I do not know which Donald Trump will show up. We understand, though, from an article in "The Washington Post" this morning that he says he'll be reactionary. He will trust his instincts and his impulses.

When you talk about Hillary Clinton preparing with one-line rhetorics, will that really help her in the sense that her authenticity is what is most questioned, according to polls, by the electorate?

MERICA: Clinton aides are actually hopeful that the debate allows Secretary Clinton some time to talk ago her policies, what has motivated her in her career. But there's no doubt that Donald Trump is going to try to get under her skin as he did with her opponent.

Jennifer Palmieri, her communications director, was asked about this idea that Donald Trump is basically get under Hillary Clinton's skin. She basically said good luck. There's been a lot of people tried to get under Hillary Clinton's skin and it's tough to do, noted she said she took a lot of questions during the Benghazi hearings last October. And came out pretty unscathed considering how long she sat there.

So, the hope is, with the Clinton campaign, is that Secretary Clinton can keep her composure if Donald Trump tries to get under her skin. And allow herself some time to talk about her policies and what motivates her. The hope is also she'll have momentum to go out on the debate because she's planning a battleground swing through four different states Tuesday through Friday next week, that they hope she can kind of claim that momentum that carries her into next week.

PAUL: All right. Dan Merica, thank you so much for the update.

BLACKWELL: And, of course, we'll have more to talk about in the presidential debate. Ted Cruz's endorsement of Donald Trump, we got our political panel. Maria Cardona in the Clinton corner. Amy Kremer in the Trump corner. They're here with us in a just a moment.

So, stay right here.


[07:22:34] BLACKWELL: We're now just two days away from the first presidential debate of the general election, with face-off on Monday night. Here, let's talk about it. We've got Maria Cardona, CNN political commentator, Democratic strategist, and Clinton support. Amy Kremer, co-founder of women vote Trump, Trump supporter.

Good to have both of you this morning. MARIA CARDONA, CNN POLITICAL COMMENTATOR: Good morning, Victor.

BLACKWELL: Let's start with you, Maria. Robby Mook, Clinton's campaign manager said that the secretary is going to be fact-checking Donald Trump, we should expect a lot of that. I wonder though is that -- and I love a good fact-check. But is that the best use of her time? We look back at the most memorable moments of the presidential debates over the last 30 years, not one of them is a fact-check or policy arguments?

CARDONA: Well, I think it I an important thing to do because what we have seen throughout this campaign is that Donald Trump has avoided facts like the plague. He's the most dishonest candidate we've had in presidential history. He lies every three minutes that he opens his mouth. He thinks that the American people are downright stupid.

And Hillary Clinton is going to make sure that the American people actually understand and she's going to respect them by understanding that facts are important, regardless of what this man has tried to do in terms of turning facts on their head.

BLACKWELL: All right.

CARDONA: So, it is an important thing and it will go to demonstrate that this man is completely, temperamentally unfit to be president of the United States.

BLACKWELL: Amy, I've got another question for you, but I need to give you 30 seconds to respond to all of that.

AMY KREMER, CO-CHAIR, WOMEN VOTE TRUMP: I completely disagree with Maria. You know, polls show that the American people don't trust Hillary Clinton. I don't know where she fixes that problem. It's a long history where the American people don't trust her.

And people like that Donald Trump is honest. He's fresh. He doesn't come from scripted talking points.

And if Hillary Clinton is so good and has all of these great policies, why is over $100 million in ads being run to attack Donald Trump. Why can't she run on her own merits?

I think the American people are tired of the pre-scripted politicians that stand in front of a mirror with note cards and they want something fresh. And, Victor, you know what, you can fact-check all you want, but Donald Trump is telling the truth to the American people.


CARDONA: He doesn't know the meaning of the word.

KREMER: Maria, come on.

BLACKWELL: Let me insert this. [07:25:01] Let me insert this. When we discussed fact checks, just as

a matter of fact, fact-checking organizations have found that far more what we hear from Donald Trump turns out to be just on its face false than what we heard from Hillary Clinton.

CARDONA: Thank you. Exactly.

BLACKWELL: Although, a lot of what we hear from the Clinton campaign is not true, but much more from the Trump campaign than from Trump himself is not true.

CARDONA: It's like 60 percent versus 13 percent on the truthful scale. So, come on. It's not even a comparison.

BLACKWELL: Let's go to the expectations game, because each campaign is playing the game here. But in a poll that came out from CNN earlier this month, bar is not exactly as low for Donald Trump as many have said. Who will do better at the debates? Fifty-three percent believe Clinton will do better, 43 percent believe that Trump will do better, a 10-point gap here.

But Trump is faring much better in that survey than any Republican, Maria, in the last 24 years, except for George W. Bush in his debate in 2004. So, he actually has to do much better than I guess the pundits are saying.

CARDONA: Well, I've actually said he goes into this with an advantage. Why, Victor? Because we have seen -- we have seen him already defeat 16 other opponents during the Republican primary. And he did it pretty easily.

And I think the reason is that the American people understand that this is not going to be a debate about real issues. That Hillary Clinton is not going to go up there and speak to an equal in terms of knowledge and expertise and understanding of all of the real issues that are facing America. She's going to be going up there and facing a reality show host.

And this is his empire. This is how he has made his money in the last 20 years. He is the expert in this forum. He's going to try to turn the debate stage into a reality show stage.

CARDONA: However, Hillary Clinton has done far more presidential debates I the primaries and in the Senate campaign as well, than Donald Trump has.

Let me get to the Ted Cruz issue with you, Amy. And I want to get back to the primary season and what we heard what we heard from Donald Trump and what we heard from Ted Cruz. Let's play that Ted Cruz and Donald Trump matchup, please.


DONALD TRUMP (R), PRESIDENTIAL NOMINEE: He's like a little baby, soft, weak, little baby, by comparison. But for lying, he's the best I've eve seen. He's the best. SEN. TED CRUZ (R), TEXAS: And yet another temper tantrum. If you

like other Trumper tantrum.

TRUMP: Lyin' Ted Cruz.

CRUZ: Donald, you're a sniveling coward and leave Heidi the hell alone.

TRUMP: He's a cheater. He's a cheater. He's a dirty rotten cheat.

His father was with Lee Harvey Oswald prior to Oswald being shot. I mean, the whole thing is ridiculous.

BLACKWELL: Amy, you were a passionate Cruz supporter when he ran in 2012. How does Ted Cruz get to that in the primary where he will not be a servile puppy dog at the convention this year and now saying I'll vote for him.

KREMER: Well, Victor, I mean, I think he's put country above himself. I'm glad to see that.

BLACKWELL: But is he putting his political career above --

KREMER: The thing is, probably, I haven't talked to Ted. But he probably weighed out his options here. You have a binary choice, Hillary Clinton or Donald Trump. Where are you going to stand?

I think he decided to come and support Donald Trump because he wants to defeat Hillary Clinton. When you look at the Supreme Court, there's no more reason than to support Trump for that. I mean, there could be three or four justices replaced in the next term. So, that's a big deal.

I do think it's not about his political career. It may have a little bit to do with it. But we all know, every politician has an ego, that's nothing new. But I do think he put country above himself. I'm glad that he did that, and I'm happy to see that Donald Trump has put Mike Lee as one of his possible appointments to the Supreme Court.

BLACKWELL: I wonder if it's just too cynical to think that that name was added just to give Ted Cruz a reason to say now I can support Donald Trump?

KREMER: I don't think so. I would have lobbied for Mike Lee. I would have absolutely.

But I want to say something about what Maria said.


KREMER: This is not Donald Trump's empire.

CARDONA: Sure it is.

KREMER: Hillary Clinton has been -- she has been in government for 40 years. She comes out of the White House dead broke and now she's worth how many hundreds of millions.

CARDONA: What does that have to do with it?

KREMER: It's pay to play.

BLACKWELL: Maria, 15 seconds.

CARDONA: This is going to be a debate that Donald Trump is going to turn into a reality show.


BLACKWELL: Hold on, Amy.

CARDONA: It's going to turn into a reality show. Hillary Clinton is going to try to prove to the American people that this unfit, loose- lipped, shoot from the hip birther-in-chief is not temperamentally fit to serve as president of the United States.

[07:30:01] BLACKWELL: All right. Wrapping it there. Maria Cardona, Amy Kremer, thanks so much.

We'll talk a little later about e-mail saga and the birther lie coming up in the debate. And the candidates will have to say more than they have thus far. Thanks, both of you.

KREMER: Thanks.

CARDONA: Thank you, Victor.

BLACKWELL: All right. Next, the fatal encounter of Keith Scott with Charlotte Police. Our analysts examine key moments of the video released by the family. Stay with us today.


CHRISTI PAUL, CNN ANCHOR: Mortgage rates were up slightly this week. Here's your look.


PAUL: Thirty-four minutes past the hour.

We're following this breaking news out of Washington state where we have just learned a short while ago, a fifth victim has died after that shooting spree inside of a mall. Now, we know at the moment police are hunting for this man. Please take a look at your screen here.

They say he opened fire last night killing four women, and now this morning, that man, who ended up dying in the hospital after succumbing to his injuries. The chaos unfolded inside the Macy's at Cascade Mall which is in Burlington, about an hour north of Seattle.

[07:35:05] Police was searching that mall. Some reports say that this man left the scene and was headed toward a highway on foot. Interstate 5, they say. We're told that the suspect was carrying a hunting-type rifle. And officials are warning everybody in that area to be just -- stay inside and take good care of yourself and be vigilant.

We'll continue, obviously, to report to you any of the new information that comes throughout the morning here.

BLACKWELL: Let's go to Charlotte now where the mandatory curfew was lifted at 6:00 a.m., after a night of peaceful protests. The demonstrators are vowing to get the tapes, the recordings of shootings a week ago. But there was no violence earlier this week. Watch.


DEMONSTRATORS: Release the tapes! Release the tapes! Release the tapes! Release the tapes!


BLACKWELL: They're calling for justice in the police shooting of Keith Scott. They're demanding that Charlotte Police department release the body cam video, the dash cam video.

Authorities tell CNN there were arrests last night. No use of tear gas. No property damage. There is another rally planned for 1:00 p.m. Eastern today.

Now the urge for Charlotte police to release their own video of the shooting comes after Scott's wife released cell phone video -- the video that shows the lead up to the shooting. You can hear the shooting and you can see also the moments after. We have to warn you the video that we're about to show is difficult to watch, but key details in the video could be crucial in this investigation.

Tom Foreman has the breakdown of what you need to know.


TOM FOREMAN, CNN ANCHOR: The video starts with her basic call to the police. Don't shoot him, as he's unseen in this white vehicle we believe farthest away from the camera.

RAKIA SCOTT, WIFE OF KEITH SCOT: Don't shoot him. Don't shoot him. He has no weapon. He has no weapon. He has no weapon. Don't shoot him.


Don't shoot him.

FOREMAN: So, as this moves through a series of segments, you hear the police also shouting back there. You can hear him shouting that he has a gun and telling him drop the gun.

SCOTT: Don't shoot him. He didn't do anything. POLICE: Drop the gun.

FOREMAN: Now, she's insists he doesn't have a gun and he does have a train injury.

SCOTT: He doesn't have a gun. He has a TBI. He's not going to do anything to you guys. He just took his medicine.

POLICE: Drop the gun.


FOREMAN: So, you can see how this is moving on, a segment at a time. And a half minute after the video begins she changes tactics and like the police, she starts shouting at her husband Keith, telling him he needs to get out of the vehicle. And she doesn't want him to do something.

It's not clear what she's talking about. Don't let them break the window. Is she yelling at police, yelling at him? Not clear.

SCOTT: Keith, don't let them break the window. Come on out the car.

POLICE: Drop the gun.

SCOTT: Keith. Get out the car. Keith. Keith. Don't you do it. Don't you do it. Keith. Keith.

FOREMAN: And finally, here, we see him for the first time, moments after that comes all to gunfire.

SCOTT: Keith. Keith. Don't you do it.


SCOTT: Did you shoot him? Did you shoot him? Did you shoot him? He better not be (EXPLETIVE DELETED) dead.

FOREMAN: So, you see how it progressed very rapidly over a very short period of time through several different stages. And yet, look what happened in this period of time.

In that time, she said "don't shoot him" five times. "He has no gun or weapon" three times. "He did not do anything" two times. He has a brain injury, she talked about that once. And nine times she called to her husband, to him, "don't do anything" or somebody in that crowd, "don't do anything to make this worse".

And yet we know in the end, it did get worse. There's no word to tell from this video what he was holding, what he was not holding or what was dropped on the ground affords only a short period of time.


PAUL: Obviously, we have people looking at all of this. We'll continue to update you as we get information on the story out of Charlotte today.

Also, I want to tell you about what's happening in Tulsa, Oklahoma. Terence Crutcher's family is preparing for his funeral that's going to be held tonight at 8:00. Remember, he was shot to death by a police officer in the middle of street, September 16th, following the release of this video a few days later by the police department, Officer Betty Shelby was charged with manslaughter.

Now, Crutcher's twin sister told our Sara Sidner her brother was really working to change his life.


[07:40:05] TIFFANY CRUTCHER, SISTER OF TERENCE CRUTCHER: He just left school. He wanted to make us proud. He wanted to do something bigger.

He wanted to grow. He wanted to become a better person. He wanted to be better. And he didn't want this. He didn't ask for this.

And, so, that's what I think about. Sorry. I'm going to miss him.


PAUL: Officer Betty Shelby turned herself in shortly after she was charged. She's been released on $50,000 bond.

BLACKWELL: Both of these shootings have intensified the national conversation about police encounters with black men and the call for police training reform. What needs to be done from some perspectives and will those suggestions work? We'll talk about it, next.


BLACKWELL: Well, this week's fatal shootings of Terence Crutcher in Tulsa, Oklahoma, and Keith Scott in Charlotte, North Carolina, they're fuelling the debate over police relations with minorities, especially black men. And witnesses say both men were unarmed. But police consider both men dangerous enough to take lethal action. Now, there are national calls for police training reform from civil rights groups and political leaders.

Joining me now is Brian McDaniel, a civil rights and criminal defense attorney.

Good morning to you.


BLACKWELL: I'm doing well. I want to start, of course, with the shooting in Tulsa, Oklahoma and Terence Crutcher. And what we heard from one of the officers in the chopper when he said that this appears to be a bad dude. I think that crystallized for a lot of people the concerns they had about the view of especially black men by police, what did you learn about that? And what is your policy description for this?

MCDANIEL: Well, what we learned fro the statement, the description of the individual, Mr. Crutcher, as a bad dude by the officer in the helicopter was that that officer came obviously with some explicit bias with how he viewed African-American males from the jump. In essence, he didn't see anything but Mr. Crutcher walking back to his vehicle with his hands up and apparently complying with what it is that the officers were asking him to do.

There was some discrepancy about whether or not they were asking him to come towards him or walk away towards the vehicle. Does not represent any danger to Officer Shelby, at the time that she decides to discharge her firearm.

BLACKWELL: So, how can that view be combated then? What do you suggest be offered to officers across the country?

MCDANIEL: Well, we're encouraged by Congressman Cheeks (ph) and the rest of the CBC's call for uniform national standards and the use of force continuum, the national registry, matching federal funds for body cameras. All of those programs will be helpful. But in my estimation, these things are not going to change. There's not going to be any real progress until there's actual punishment that attends these abusive acts on the part of the police.

What we're going to have to have is a commitment to make sure that our local prosecuting officers take these cases before grand juries and actually charge these individuals for their wrongful acts. I'm encouraged by what happened in Tulsa. I think what we had there was the right way to proceed in these cases where we have video available, Victor. But the truth of the matter is, the majority of these cases do not have video footage at this point.

BLACKWELL: Yes, and we know that that officer is actually facing a charge now, and she turned herself in, released on $50,000.

Let me ask you what we heard from the chief in North Carolina, Kerr Putney, this week, it jumped out to me. And you're a civil rights attorney. I want you to listen to what he said about the transparency of this investigation as the calls for the release of the video continue. Watch.


KERR PUTNEY, POLICE CHIEF, CHARLOTTE: I appreciate your passion but full transparency. I said transparency. And transparency is in the eye of the beholder. I can tell you, the priority right now, really is my priority, in honoring their requests is the people who really are the victims of the shooting.

The reason I want to release it when I can give more supportive information is because if it's proving our case, proving our case should go in a different direction, the only way to do that is to be able to establish probable cause. And what I can tell you is video evidence in that case, didn't get us to that standard solely.


BLACKWELL: Quickly, the idea of not full transparency, but transparency beholder.

MCDANIEL: Yes, Victor. What I would challenge your viewers to do is go back and look at Chief Putney's original statements, the ones he gave on Tuesday wherein he came out in response to the original narrative that Mr. Scott did not have a firearm in his hand and was actually reading a book. What the chief said then is that he in essence knew that Mr. Scott had a firearm in his hand and that, in fact, that firearm had been raised towards the officers and that he believed that the shooting was justified.

He did that, Victor, because he wanted to, in essence, to hijack the narrative. He wanted to control how that information was being disseminated in support of his officers. So, he was not measured. He was not careful about how it is he presented that information initially.

And he wasn't concerned how that would affect the statement of the witnesses that he now relies upon that the video shouldn't be displayed.

BLACKWELL: The question, of course, now is if that video will be released. Thank you so much for being with us, Brian McDaniel, as we try to understand what's happening across the country and in these specific cases.

MCDANIEL: Thank you, Victor.

BLACKWELL: Quick break and we'll be back.


[07:53:15] PAUL: Ahead to Monday night's debate, the FBI releases nearly 200 pages of notes from its investigation of Hillary Clinton's private e-mail server and therefore keeps this issue alive.

Maria Cardona, CNN political commentator and Democratic strategist with us, as well as Amy Kremer, co-chair for women, Vote for Trump.

Thank you, ladies, for being here.

Maria, I want to start with you.

CARDONA: Thank you, Christi.

PAUL: Good morning.

This batch of documents released, I know some people are tired of hearing about it, but the release itself just keeps it in the news. And I want to point out something that came out of this one.

CNN's Tom Lobianco writing this, "Top Clinton aid Huma Abedin", if you had that, we can bring it up here, "explained how they had to update e-mail addresses with the White House so Clinton could e-mail President Barack Obama. When Abedin was shown a 2012 e-mail exchange, she did not recognize the pseudonym. When agents explained it was Obama, she replied, quote, 'How is this not classified?'"

This seems damaging to Hillary Clinton when you got her right woman saying, how is this not classified? How is she going to deal with this when you know surely will she handle with this?

CARDONA: I don't understand why that's damaging. I think what this underscores, Christi, two things. The first one is it underscores why the FBI didn't move forward with any additional action on any of this because it doesn't demonstrate anything and secondly --

PAUL: But she is saying, how is this not classified? And classification -- and some of these e-mails not being classified is part of what people are questioning.

CARDONA: But it's not up to Hillary Clinton or Huma Abedin to classify e-mails. That's exactly the other point that I was going to make, Christi.

This whole issue, what it really underscores is a desperate need for the government and all of the different agencies that are involved in classification material, the intelligence agencies, to come together and figure out a sane way to classify material.

[07:55:16] To retroactively classify material that's already out there makes no sense. To have government agencies discussing and frankly not agree agreeing with each other, fighting with each other on what issues, what e-mails, what communications need to be classified and which ones don't because there is no agreement.


CARDONA: That is something that is not up to Hillary Clinton to decide and it's a broader problem with the U.S. government.

PAUL: Maria, thank you. I need to get to Amy because we only have about a minute left. I want to show this ad that Hillary Clinton has put out there for Donald Trump as we look ahead to the debates. Let's look at this for a moment.


AD ANNOUNCER: It's a movement. Not a campaign. Its leader, Donald Trump, builder, businessman, success. Doing what others called impossible.

Donald trump's priority -- you, dreaming big, building bigger, united for family, jobs, country, defined by freedom, standing together.


PAUL: All right. That was the wrong ad. That is the ad that Donald Trump has put out there.

Hillary Clinton has put out an ad that shows little girls looking at themselves in the mirror and using some of Donald Trump's own words against him. We have that now. Let's take a look.


HILLARY CLINTON (D), PRESIDENTIAL NOMINE: I'll tell you, I am going to do my very best to communicate as clearly and --


PAUL: All right. I apologize. That as well is not it.

But I know you've seen, I'll try to get that back. Amy, Donald Trump's own words in this ad is saying that flat-chested women can't be a ten. He is calling women ugly. And this going with this recent poll out there of women who 60 percent of them say they believe he's been unfair to women.

When you see that, again, this surely is going to come up at the debate. How does he explain that away when Hillary Clinton is using his own words against him?

KREMER: Well, Christi, I mean, first of all, he is not a politician. These things were pulled over 20, 30 years and they've been put together in this ad. I think what is absolutely horrible is that Hillary Clinton and her team took these young women and put them in an ad with a man saying these things and they're being said about these girls on film. And that is awful.

Women are smart. We're not going to make decisions just on something that somebody has said. There's not one person that we all agree with on this earth.

But what I will say is that people are concerned when Hillary Clinton has five staffers, five top staffers that were given immunity on this investigation into her e-mail, that's a real problem. Perception is reality.

And when she has lied to the American people and said that she didn't have but one device, there was no classified e-mails, so on and so forth, perception is a real problem.

Maria, you can laugh about it all you want, but there's an issue there. And when you're smashing devices with a hammer, that says something.

CARDONA: I'm laughing at the desperation of the Trump campaign.

PAUL: We ran out of time. Sorry we didn't get that video up correctly for our viewers to see. Thank you so much.

CARDONA: It's a damming video. Thank you.

PAUL: We always appreciate you being here.

KREMER: Thank you.

CARDONA: Thanks, Christi. PAUL: Thank you.

BLACKWELL: All right. A lot coming up this morning. So much ahead on the next hour of your NEW DAY. It starts in just a moment.