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Florida Engaged in Battle Over Election Recount; Hundreds of Homes Burned by Massive Wildfires in California; Details Emerge about Victims of California Mass Shooting. Aired 7-7:30a ET

Aired November 09, 2018 - 07:00   ET

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

ALISYN CAMEROTA, CNN ANCHOR: Three big races in Florida appear headed to a recount this morning, including the Senate and the governor's contests.

[07:00:12] In the Senate race, Republican Rick Scott is clinging to a shrinking lead of 15,000 votes. That is well within the margin for an automatic recount. Without offering any evidence, Scott is alleging rampant fraud in Broward and Palm Beach, and without offering any proof he's claiming the Democrats are trying to steal these races.

But these are the same two counties that became legendary for their vote-counting challenges in 2000.

JOHN BERMAN, CNN ANCHOR: So the Florida governor's race could also be heading to a recount. Republican Ron DeSantis has a 0.4-percent lead over Andrew Gillum. Now, Gillum actually conceded but now says he wants to make sure that every vote is counted. It's under 0.5 there so it would trigger an automatic recount.

The ballot in Broward County is coming under intense scrutiny this morning. Look at this. Some believe that the layout caused thousands who did vote in the governor's race to miss voting in the Senate contest. They didn't see it down there in the bottom left-hand corner. There were 23,000 fewer votes casts in the Senate race in Broward, a heavily Democratic county, than in the governor's race, and people say that just doesn't make any sense.

President Trump, though, he's not waiting for a recount at all. He's accusing Democrats of corruption and election fraud while proclaiming Governor Scott the winner of the Senate battle.

Also, there is breaking news in California. Wildfires raging out of control. Look at these pictures. Homes have been burning, thousands forced to evacuate. We're going to have a live report. Again, just stunning pictures from California. A live report in just minutes.

We want to begin, though, with Rosa Flores in Lauderdale, Florida, on what certainly looks like a looming recount battle there, Rosa.

ROSA FLORES, CNN CORRESPONDENT: Hello, John. Good morning.

As you know, Florida is known for its elections with razor-thin margins, and as this recount looms, emotions flare in the Sunshine State. Governor Rick Scott alleging rampant fraud in both Broward and Palm Beach counties, and accusing the Democrats of, quote, stealing the election, not providing proof but instead saying this.

(BEGIN VIDEO CLIP)

RICK SCOTT (R), FLORIDA SENATORIAL CANDIDATE: We've all seen the incompetence and irregularities in voter tabulations in Broward and Palm Beach for years. Well, here we go again. I will not sit idly by while unethical liberals try to steal this election from the great people of Florida.

(END VIDEO CLIP)

FLORES: Scott filing two lawsuits against those two counties, alleging irregularities and a lack of transparency, also calling for an FDLE investigation. That's the Florida Department of Law Enforcement.

Now, there could be questions about a potential conflict of interest, given the fact that he is the chief executive of the state and, while he appoints the commissioner of that agency, now Democrat Bill Nelson fighting back, saying that all of this is politically motivated as those margins narrow; and the margins are narrowing.

If you take a look at the governor's race, the margin is 0.44 percent or about 36,000 votes. If you look at the Senate race, it's 0.18 percent, with about 15,000 votes. Now, the magic number for an automatic recount is 0.5 percent.

And John, you listen to those margins. They are razor-thin, so one very important point that I should leave you with. That it's only the secretary of state who can order an actual recount.

BERMAN: All right, Rosa. Rosa Flores for us in Florida. I expect we'll be seeing a lot of you in the coming days and weeks down there, Rosa.

Joining us now is the former attorney general of the United States, Alberto Gonzales. He was attorney general under George W. Bush. He is now the dean of the Belmont University College of Law.

Mr. Gonzales, my memory -- and I covered the Bush campaign extensively -- is you may have been the one Republican lawyer in America who wasn't part of the recount in 2000, because you were on the Texas Supreme Court at the time. Is that -- is that -- is my memory right?

ALBERTO GONZALES, FORMER U.S. ATTORNEY GENERAL: Your memory is correct, John, as always.

BERMAN: As you look at what's happening in Florida, what are your concerns? Do you think there is something fishy going on, or is this just counting the votes that sometimes can be complicated?

GONZALES: You know, it's hard to tell. I operate under two rules. One is no one should engage in voter fraud, and anyone doing so, there should be an investigation and there should be prosecution. They should be held accountable. Secondly, every vote should be counted. I have no problem with trying to count all the votes. That's why we encourage people to come out and vote, and so all the votes should be counted.

BERMAN: Sounds like an awfully reasonable position. So we'll leave that discussion where it is and let them try to work it out in Florida, albeit, I don't have high hopes that they'll come to a reasonable conclusion any time soon.

Let me ask you about what's going on in the Justice Department. The president essentially fired Attorney General Jeff Sessions and replaced him with now acting attorney general Matt Whitaker.

[07:05:05] Do you see any legal issues with that appointment?

GONZALES: When I first heard the news, I was surprised. The fact that Mr. Whitaker is not a Senate-confirmed position for the attorney general of the United States, to me, seemed rather strange. And I've talked to various legal experts around the country, and they share the same concern.

But even if -- even if technically, there's nothing legally wrong with this, from my perspective, the optics are not very good for the Department of Justice. This is a very, very important department cabinet agency. And I believe that the men and women of that agency deserve someone at the top who has been vetted by the Senate, someone who is Senate-confirmed.

And so again, putting aside the question as to whether or not legally, Mr. Whitaker can occupy this position, I think the optics are -- are not very good for a department which, from my perspective, has been under siege for over -- you know, almost two years with all the constant criticism of Jeff Sessions, with the constant criticism and questioning of the Mueller investigation.

To me, you know, I think the last thing the department needs is more controversy about -- about things that are happening within the department and controversy over the leadership of the department.

BERMAN: So there are issues with the oversight now of the Mueller investigation. Matt Whitaker, among other things, was critical of it at many points, retweeting something that called it a witch hunt and saying right here on this network that perhaps someone should go in and essentially choke off the funding.

Listen to this.

(BEGIN VIDEO CLIP)

MATTHEW WHITAKER, ACTING U.S. ATTORNEY GENERAL: I could see a scenario where Jeff Sessions is replaced with a recess appointment; and that attorney general doesn't fire Robert Mueller, but he just reduces the budget so low that his -- his investigation grinds to -- almost a halt.

(END VIDEO CLIP) BERMAN: Do you have concerns with someone who has expressed his discomfort and displeasure with the entire idea of the special counsel investigation now overseeing it?

GONZALES: I do have concerns. Although I will say that, when Mr. Whitaker made those comments, he didn't have access to the kind of information he's now going to have access.

And so now having access to that information, he may have a different view.

But yes, I've been long -- long on record, as you know, saying that the Mueller investigation should be allowed to be completed. I fully support that, and I'm very hopeful that nothing is going to impede Mr. Mueller from doing this very important work on behalf of the American people.

BERMAN: Our reporting, CNN's reporting is career ethics lawyers inside the Justice Department may or may not make a recommendation to Whitaker saying you should recuse yourself from this because of the past things you said, because perhaps, of the fact you ran a campaign for Sam Clovis, who's been a witness in the Mueller investigation.

Our reporting is, is that Whitaker doesn't seem like he's about to recuse himself. Do you feel that, if it is recommended by the career ethics lawyers to recuse, that he should?

GONZALES: Absolutely. That's -- that's the role of those career ethics lawyers. They have the experience. And you obtain credibility.

I think that Mr. Whitaker comes into this position with limited credibility, and to ignore the advice of the career officials just further diminishes his standing in the department and just further diminishes his ability to effectively lead the department for as long as the president wants him in that -- in that position.

And so absolutely, I think he needs to listen to the ethics individuals. And from my perspective, again, I think there are serious questions as to whether or not he should be, in any way, involved in making decisions with respect to the Mueller investigation.

BERMAN: So Attorney General, I've talked to you a number of times on a number of issues. On some of them, it seems like it's complicated for you when you're looking for something; and it's hard to come down on one side. This one seems awfully easy for you. You seem to have reached this conclusion fairly clearly on the Whitaker appointment.

GONZALES: Well, from my perspective, again, I think -- I think anyone in this position should take into account the Department of Justice, what is right. We all as lawyers, as prosecutors, want to be involved in these high-profile investigations and high-profile prosecutions.

But above that is a desire to protect the institutions, to protect the Department of Justice. And it seems to me that a dedicated public servant is going to place the Department of Justice's interests first. And so I would hope that Mr. Whitaker takes that course.

BERMAN: Does it look to you as if the president is trying to obstruct this investigation or maybe cover his bases here?

GONZALES: Well, again, the -- the removal of Jeff Sessions something that I think many people anticipated. Obviously, that's a core constitutional authority the president has to remove a cabinet official.

The appointment of Mr. Whitaker seems rather strange, and one would have to ask why this individual -- I have great confidence in Rod Rosenstein. I have great confidence in Noel Francisco -- (AUDIO GAP)

[07:10:05] BERMAN: All right. We seemed to lose the former attorney general, Alberto Gonzales, but it was a very interesting discussion. Thanks to him, he may now get a chance to do a recount, by the way. He missed the 2000 recount. Maybe, as a Republican lawyer, he may head to Florida pretty soon.

CAMEROTA: This will be very exciting for him.

Now, let's turn to CNN political analyst and White House correspondent for "The New York Times," Maggie Haberman.

Maggie, great to have you in studio. So is it your understanding that the White House has been caught by surprise by the outcry that Matt Whitaker may not be qualified for this and is somehow circumventing a confirmation process, and that people are not comfortable with that?

MAGGIE HABERMAN, CNN POLITICAL ANALYST: Two things have surprised the White House. Some in the White House knew that the president wanted to do this quickly. The plan had been to do this on Friday. The president couldn't be held back from doing it is how it has been described to me, No. 1.

No. 2, a lot of people did not realize the extent of the comments that Matt Whitaker had made about the Mueller probe. Over time, this is not a White House that is big on vetting people. As we know, I mean, these are just sort of routine things. Whitaker had become a constant presence in the White House, or a frequent presence, I should say, as the chief of staff to Jeff Sessions, who was seen as, basically, the eyes and ears for the West Wing.

This is how it was described by John Kelly to a number of people, because Jeff Sessions's relationship with the president was so poor and because the president was openly critical of Jeff Sessions, Whitaker was -- sort of had a foot in each camp. And was the bridge between the Department of Justice and the West Wing.

And I think that so many people were so focused on when is the Jeff Sessions situation just going to end and that they didn't look past what that means after that.

And now we are in this uncharted territory where you have somebody in that position who, depending on who you ask, may not constitutionally be able to be in it. And if the president wants to make him permanent, he is going to have to go through Senate confirmation. I think that could get very complicated, given his bevy of previous statements.

BERMAN: It was really interesting to me how Alberto Gonzales, how easy it was for him to reach the conclusion that it wasn't legal and also not politically wise to do.

And on Whitaker, there was all the reporting that Sam Clovis, whom Whitaker worked for, recommended him. You know, "Get yourself on TV so the president notices you."

CAMEROTA: It worked.

BERMAN: It worked. Whitaker came here, and he was a terrific guest; but he was a guest that came on our shows to argue against the Mueller investigation. That is what he did and who he was, and I presume how he ended up at the Justice Department.

HABERMAN: It's a big part of it. I don't think it's the only part, but I think it is certainly a big part of it. And Whitaker is -- he is a partisan player, as are many people, certainly, in previous administrations, as well.

But he has been extremely vocal and, generally speaking, to the point made before, you would try to look at the optics of this and not have somebody who had been such a critic.

What Whitaker described on that clip you showed about essentially starving the investigation of oxygen, is what some Trump advisers anticipate he might do. I don't think that he's going to be able to impact the funding. I think that's taken care of already. But you certainly could make decisions about the scope of a report, about whether that report becomes public, about how many people the Mueller report goes to. And that is, I think, the open question between now and when the new Congress gets sworn in.

CAMEROTA: So do we know how long he can stay in the post without a confirmation?

HABERMAN: I think that it is under the Vacancies Act, 270 days. Am I correct about that?

BERMAN: Yes, maybe 200.

CAMEROTA: That's long enough.

HABERMAN: That's a long tie.

CAMEROTA: That's long enough.

HABERMAN: Sure. We don't know whether Rod Rosenstein, when -- the deputy attorney general, when he was overseeing this, and he's not now, whether he had given Mueller any kind of a timeframe by which he ought to have his report in.

And certainly, the White House has been under the impression that the report will be coming in the next few months, possibly, and likely before the end of the year. I think what we are all hearing comports with that.

So there were already existing parameters, we think, but Whitaker could certainly install all kinds of new ones. And remember, we haven't heard from him yet. He hasn't said anything publicly. This is not going to inspire confidence. And this is a president who we have seen over and over has been looking for somebody at DOJ to protect him. This was his complaint about Sessions, that Sessions recused himself from an investigation that he was a witness in.

BERMAN: Let me point out, the timing is fascinating, too. Two hundred and 10 or 270 days, whatever it is.

Also, the next 60 days until Democrats take over the House might be the most critical for the president. For the next 60 days, there is no check on the president, because Democrats will not have taken over the House yet; and he's got someone overseeing the Mueller investigation who may say you can't indict anybody. You can't release this report, and Congress for the next 60 days, can't do anything about it.

HABERMAN: Right. I mean, we're just -- we are literally -- we are in a holding pattern essentially, and we have no idea where this is going to go.

CAMEROTA: One person who is quite troubled by it is Kellyanne Conway's husband, George Conway, who wrote an op-ed. He's a lawyer. He wrote, "Mr. Trump's installation of Matthew Whitaker as acting attorney general of the United States, after forcing the resignation of Jeff Sessions, is unconstitutional. It's illegal, and it means that anything Mr. Whitaker does or tries to do in that position is invalid." That's interesting.

HABERMAN: So the argument that has been made, and he's not the only one who's made it, is that you can't put somebody in that job who is not Senate-confirmed, and that essentially, you now have somebody who just skirted around the process. This is a role that reports directly to the president, which is why it's supposed to be Senate-confirmed.

[07:15:10] Again, if he makes Matt Whitaker the permanent, Matt Whitaker is going to face a hearing.

What the president could -- effect of this could be that, if he dos choose somebody else to be his permanent choice, let's say a Chris Christie, it might be that Chris Christie's confirmation hearings are less aggressive and less nasty than they might have been otherwise, because he actually does have a long resume of qualifications for this.

BERMAN: So the deal with Whitaker is 210 days under the Vacancies Act. He cannot be the nominee for attorney general. Whitaker cannot be made permanent under the legal rationale that the White House is using to put him in there on a temporary basis. It lasts 210 days. But if there is a nominee, he could be extended during that confirmation battle, so it is -- CAMEROTA: I don't think he needs any more than 210 days.

BERMAN: Well, that's my point.

HABERMAN: That's the question, is whether -- if it's all about Mueller, right, then I'm not sure that he does need more time than that. If you take it at face value, that that's not what it's about, then we shall see.

BERMAN: Can I ask you one very quick question --

HABERMAN: Of course.

BERMAN: -- about the stuff going on in Florida? The president tweeted on it. I covered extensively what happened in 2000.

HABERMAN: Sure.

BERMAN: President Clinton stayed way away --

HABERMAN: I know.

BERMAN: -- from that. This is already, within ten minutes of this being an issue, way different.

HABERMAN: Listen, there are a couple of things going on here, one of which is that this week has seen such a devolution of norms and blowing past existing guardrails. And one of the things that Donald Trump did during his campaign was he helped encourage an erosion of faith in institutions that was already eroding. A tweet like that, I think he sees the benefit in it, because he thinks it creates noise and chaos somewhere else, and it gets things away with his issue with the Department of Justice. But it really does not inspire confidence when your job is essentially to let a process play out, and that is just not at all the track he has taken.

BERMAN: Maggie Haberman, great to have you with us this morning.

HABERMAN: Thank you.

BERMAN: Thank you very much.

CAMEROTA: Happy we can.

BERMAN: We do have breaking news to tell you about. Several wildfires raging out of control in Southern California. Hundreds of homes have burned down. Thousands are being told to evacuate.

Scott McLean is live in Oak Park, California, with the breaking details. And Scott, look at these pictures. Simply stunning.

SCOTT MCLEAN, CNN CORRESPONDENT: Absolutely, John. And there are a lot of people, thousands of people probably, who are pulling all- nighters tonight.

This fire really went from zero to out of control in what seems like the blink of an eye. A little more than 12 hours this thing has been burning. And there are some 30,000 homes in the way. And you can see why there's that many threatened.

We're in an area of Oak Park, as you mentioned, and you can see there's a hose there. That's not a firefighter. That's actually someone who lives in one of these homes. He's actually putting out this brushfire on the hill with literally a garden hose. That is all these people really have to defend their homes with. You can see there over on the right, as well, it just continues to eat through that brush.

Now luckily, fire moves a lot slower when it's going downhill than it does uphill. The hope, obviously, is that, given the wind direction, which is going away from these homes, and it is coming downhill, that this will simply burn itself out. But obviously, there are no guarantees.

The problem, obviously, is the winds. Every once in a while -- you can see it there -- the winds pick up, the gust comes through. And this fire flares up and it moves.

And that's what we're seeing right now. We're talking gusts, 50, 70 miles per hour. And the other big problem here, John, is that these winds are not expected to die down until tomorrow morning. So it is going to be a long night for people who live here and a longer night for firefighters, as well -- Alisyn.

CAMEROTA: Oh, my gosh. This is just terrible. I mean, the people in California can't get a break. The firefighters certainly cannot get a break. I mean, it just feels as though the wildfires -- you know, just when one gets contained, then a new crop crops up.

BERMAN: And I just want to point out to you on your screen there, where this picture is coming from, Ventura County, California. If there's one place on earth right now that doesn't need another tragedy, it is Ventura County, California.

CAMEROTA: Right. Because we covered that mass shooting there yesterday. You'll remember that we talked to Cody Coffman's father on the phone when he was looking for Cody. And so a friend of Cody's was in the bar with him, and she says that he saved her life. So we're going to talk to that friend, next.

(COMMERCIAL BREAK)

[07:23:17] BERMAN: We're learning more about the victims of the mass shooting in Thousand Oaks, California, another senseless tragedy, as investigators are uncovering new details.

CNN's Nick Watt live in Thousand Oaks, California, with the very latest -- Nick.

NICK WATT, CNN CORRESPONDENT: Well, John, yes, we are hearing the names of some of those victims. Among them, a Marine Corps veteran. Also, of course, a sheriff's deputy who was with the department for 29 years, planning to retire in the next year or two, and a number of young students just in their early 20s.

And we are also learning about just how this country music night turned to carnage in just a few terrifying minutes.

(BEGIN VIDEOTAPE)

WATT (voice-over): Chilling video capturing the horror inside the Borderline Bar and Grill. A cacophony of gunshots.

(GUNFIRE)

WATT: Then silence. Those who could, quickly escaping.

UNIDENTIFIED MALE: Guys, run! He's coming out this door.

WATT: Chaos and confusion unfolding at a college country night at the bar.

UNIDENTIFIED MALE: We've got multiple people down. We need a lot of ambulances.

WATT: Police say 12 people killed at the hands of a lone gunman, former U.S. Marine Ian David Long.

GEOFF DEAN, SHERIFF, VENTURA COUNTY SHERIFF'S OFFICE: We have no idea what the motive was at this point.

WATT: A law enforcement source tells CNN the 28-year-old gunman is believed to have written this Facebook post around the time of the shooting: "I hope people call me insane. Wouldn't that just be a big ball of irony? Yes, I'm insane, but the only thing you people do after these shootings is 'hopes and prayers' or 'keep you in my thoughts' -- every time -- and wonder why these keep happening."

[07:25:06] Authorities say Long used a legally-purchased .45-caliber Glock handgun with an illegal high-capacity magazine.

(MUSIC: "AMAZING GRACE")

WATT: Overnight hundreds coming together in the Thousand Oaks community, honoring the 12 lives lost. Among the victims, Ventura County Sergeant Ron Helus, the first officer to rush into the bar with the gunman on a killing spree.

GARO KUREDJIAN, CAPTAIN, VENTURA COUNTY SHERIFF'S OFFICE: Sergeant Helus saved people's lives. He went in. He diverted the suspect's attention. He engaged and -- and that saved others.

WATT: Residents lining the streets Thursday as a hearse took the slain officer to a funeral home.

Alaina Housley was also killed in the attack. She was a student at Pepperdine University, described by her family as "an incredible young woman with so much life ahead of her."

Twenty-one-year-old Noel Sparks was an active volunteer at her church. A friend says, "She was genuinely caring and loved serving people."

Dan Manrique was a Marine Corps veteran who deployed to the Middle East in 2007.

Recent college graduate Justin Meek was planning to join the U.S. Coast Guard. Friends say he died protecting others.

UNIDENTIFIED MALE: He used his body as a shield, and he gave his life so others could live.

WATT: Twenty-two-year-old Cody Coffman also credited with helping to save lives.

SARAH ROSE DESON, CODY COFFMAN'S FRIEND: I fell to the floor and I hid behind him, and I just, like, tucked myself in his -- in his back. Honestly, he's such a hero.

WATT: Cody's father, Jason Coffman, spoke with NEW DAY yesterday morning as he waited in anguish to hear from his missing son, tracking his phone.

JASON COFFMAN, FATHER OF CODY COFFMAN: His phone is at the club. It's not moving. That's the problem.

WATT: After that interview, he learned that Cody was among the victims.

COFFMAN: Only him -- I know -- how much I love, how much I miss him. Oh, God -- oh, son, I love you so much. Oh, heavenly father, just please be with him.

(END VIDEOTAPE)

WATT: Now, the FBI has been searching the shooter's vehicle and his home and trying to find a motive. But motive or not, the bare facts on the ground remain the same, Alisyn: 12 people dead.

Back to you.

CAMEROTA: Nick, it is such searing pain to watch the father be so grief-stricken there. Thank you very much for telling us more about the victims.

Sarah DeSon was the woman that you just saw in that video. She was inside the Borderline bar with her friend, Cody Coffman, when the gunman opened fire. His father was the one who was grief-stricken after learning that his son was killed.

(BEGIN VIDEO CLIP)

COFFMAN: I talked to him last night before he headed out the door. First thing I said was, "Please don't drink and drive." The last thing I said was, "Son, I love you." That was the last thing I said.

(END VIDEO CLIP)

CAMEROTA: Sarah DeSon joins us now.

Sarah, God, we're so so sorry for your loss and so sorry that you had to endure this nightmare.

DESON: Yes, it's pretty traumatizing, but I'm praying for the victims and for everybody to heal.

CAMEROTA: Yes.

DESON: Especially families and friends and everyone who was involved. It's awful.

CAMEROTA: It is awful. So tell us what -- tell us what you and Cody were doing inside the bar when the gunman came in.

DESON: Well, this is like my third time at Borderline where I was with Cody or had met up with Cody. And we were just messing around, like, playful, like fighting each other. And I kind of turned to him and like poked him, and kind of hit him to get his attention. Because we were just doing that all night.

And as soon as I turned to him and did that, that's when something happened; and we both looked towards the door, because we were kind of facing towards the door. And we looked, and that's when the gunshots started happening. And he said to drop down, so I fell to the ground with him.

CAMEROTA: So Cody told you to get down. And then what happened?

DESON: I was -- I was behind him, and I tucked myself into his back.