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Border Patrol Fires Tear Gas And Pepper Spray Against Migrants; Elizabeth Warren To Make First Iowa Trip This Weekend; How New Laws In 2019 Will Affect You; Brother Of Detained American In Russia Speaks Out. Aired 7:30-8a ET

Aired January 02, 2019 - 07:30   ET

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

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[07:31:35] ALISYN CAMEROTA, CNN ANCHOR: The Border Patrol firing tear gas and pepper spray, again, against more than 100 migrants that had tried to breach the border fence in Tijuana. Border Patrol officials say some migrants threw rocks at agents, leading to this escalation.

CNN's Leyla Santiago is live in Mexico City with more. What have you learned, Leyla?

LEYLA SANTIAGO, CNN CORRESPONDENT: Alisyn, we've learned that CBP is now investigating this incident. So let's sort of rewind and talk about the sequence of events -- what led up to this.

According to CBP, Monday night into Tuesday morning, more than 100 migrants tried to cross into the U.S. right there in San Diego. There are reports and images of teenagers, even infants, crossing over.

But at some point in that moment rocks were thrown, according to CBP, and that is when they say they had to disperse smoke, tear gas, pepper spray. And the way they see it they were just doing their jobs.

Twenty-five people were taken into custody by U.S. officials. Where they are right now, no word on that. But some folks actually also turned around and stayed on the Mexico side.

Now, this is very similar, as you pointed out, to what we saw about a month ago when members of the caravan approached the U.S. border and CBP said, again, that rocks had been thrown. That's why they dispersed tear gas.

You know, immigration advocates will tell you this is a result of the Trump administration's policies. Asylum seekers being turned away from the port of entries when they try to go in to say I'm here to seek asylum, claiming poverty and violence. Even so, an HHS internal report from last year said that such a practice would encourage illegal immigration.

So, immigration advocates are now pointing to this incident as yet another -- as another way of proving that the Trump administration policies are not working at the port of entries -- John.

JOHN BERMAN, CNN ANCHOR: All right. Leyla Santiago for us in Mexico City. Leyla, thank you very much.

The mother of a 7-year-old girl killed in a drive-by shooting in the Houston area over the weekend is demanding answers. LaPorsha Washington tells CNN's Pamela Brown she still can't believe her daughter Jazmine has been taken away.

(BEGIN VIDEO CLIP)

LAPROSHA WASHINGTON, MOTHER OF JAZMINE BARNES: Every time I wake up, I want it to be a dream. That it was a mother -- a black mother with four beautiful children -- girls in this car.

If something did happen when you fired that first and you seen my kids in that car, you should have stopped. You should have stopped. You took my baby from me and you have no care in the world.

And I just wish you would turn yourself in. Be a man about it and turn yourself in.

(END VIDEO CLIP)

BERMAN: That's heartbreaking.

Washington and her four daughters were making a coffee run at the time of the shooting. Authorities have yet to pinpoint a motive.

They're asking the public's help in finding the suspect. He is described as a bearded white man in his 40s driving a red pickup truck.

CAMEROTA: OK, we have got to -- the public has got to help police find that person.

At least six passengers aboard a Frontier flight became very sick and now, several water fountains are shut down at Cleveland Hopkins International Airport. This was a flight from Tampa to Cleveland.

Health officials have not confirmed exactly what caused the illness but they are investigating the water fountains as a possible source because those passengers did drink from the water fountains. The airport's fountains will remain shut off until tests are completed.

[07:35:05] BERMAN: All right. Twitter users are helping police in Lexington, Kentucky grieve after this Krispy Kreme truck fire left donut holes in officers' hearts -- right? These are pictures that they posted of them crying and they inspired some clever condolences.

Let me read you some of the things that people posted on Twitter.

University of Kentucky police tweeted, "We feel your loss. We donut know what else to say."

CAMEROTA: Ah, that's good.

BERMAN: Another user said, "Just when you think the world can't be any cruller." I do love crullers, actually. Now I can't even think of the crullers.

CAMEROTA: And, puns. These are great.

BERMAN: No one was hurt, we should say, in the fire, except for the officers, emotionally.

CAMEROTA: Emotions -- yes, yes, absolutely. That was beautiful.

All right. Meanwhile, she's in the race and heading to Iowa this weekend. But has Sen. Elizabeth Warren's best chance to be elected president somehow already passed? That's one theory. We'll get at it.

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CAMEROTA: Massachusetts Sen. Elizabeth Warren is heading to Iowa this weekend after announcing that she formed a 2020 exploratory committee. But what about her timing? Some pundits think it could be a couple of years late.

Joining us now is national political reporter for "The Washington Post," Annie Linskey. And former director of communication outreach for Hillary Clinton's 2016 campaign, Jess McIntosh. Ladies, great to have you here.

[07:40:09] First of all, how rude is it that right after she forms the exploratory committee there's already pundits like well, too late, she's missed her opportunity? She's been in the race for all of 24 hours.

But despite that, Annie, I am going to pose this question to you about timing. You've covered her for so many years. There did seem to be a real hunger for her two years ago in 2016. There were so many people talking about her.

Do you still sense that today?

ANNIE LINSKEY, NATIONAL POLITICAL REPORTER, THE WASHINGTON POST: I think that has changed a little bit. I think there's some truth to that.

I mean, you look back to 2015 and the run-up to the 2016 election and there was this organization, "Ready for Warren," that was really pushing her to run. And when she spoke, sometimes in her speeches people would sort of interrupt her and shout "Run for president, Elizabeth." And that sort of enthusiasm has -- you know, we haven't detected it as much yet.

But I will say it's very hard to run for president and in speaking with her about this very question, I just don't think she was ready in 2016. She wasn't ready.

CAMEROTA: And why not? I mean, why wasn't she read in 2016?

LINSKEY: You know, she has a very deep, deep policy knowledge on economic and domestic issues. But one of the major pieces that was missing -- I mean, she was a Harvard law professor for years -- was foreign policy. And that's just one area that she had to sort of go and dig a little deeper on.

And she got herself on the Foreign Affairs -- excuse me, the Armed Services Committee and, quite frankly, has been to more war zones than Donald Trump has at this point.

So she had to get herself ready for it and I just don't think that mentally she was there, and now she is. And it's a grueling -- it's a grueling process to go through --

CAMEROTA: Oh, for sure.

LINSKEY: -- so you have to have -- your head's got to be in it.

CAMEROTA: Jess, as someone who supported Hillary Clinton, what do you think of Elizabeth Warren's timing?

JESS MCINTOSH, FORMER DIRECTOR OF COMMUNICATIONS, HILLARY CLINTON CAMPAIGN: I mean, I think that she's just fine running now. I think that there are multiple paths. For somebody who could actually make a good president, there is probably not just one path to get there.

And I think Elizabeth Warren has done an excellent job over the last couple of years of really solidifying a base across the country who are there for those all-important small-dollar donations. If we're going to have a field of 30 people, grassroots fundraising is going to matter a lot. Having real support on the ground in all 50 states is going to matter a lot.

And I think she had to do a lot of campaigning. She knows that she needs to be in Iowa now. She knows she needs to start talking to those voters. She hasn't done that same kind of retail politicking -- that really kind of more transparent building for a presidential run that some of the other -- the other candidates have, so now she's going to do it.

CAMEROTA: But, I mean, as someone who was in Hillary Clinton's camp, did you feel that she was not running in 2016 out of some deference to Hillary Clinton at that time?

MCINTOSH: I think if Elizabeth Warren had wanted to run for president in 2016 she would have. I think that there was a little bit of a sexist positioning of Elizabeth Warren as the woman who was not Hillary Clinton. You heard a lot of 'I would be happy to vote for a woman president, just not Hillary Clinton. If Elizabeth Warren was in the race that would be a different story.'

Well, it's 2018 now -- it's 2019 now and Elizabeth Warren is in the race and I want to know if that tune has changed.

In the very beginning of this, as we just start to see women candidates come through, I just want to be very, very cautious that we don't fall into that sexist trap of talking about their likeability exclusively. It is not about running for prom queen, it is about running for president. And we need to make sure that we are treating the women in this race exactly the same way that we're treating the men.

CAMEROTA: Annie, do you think that Elizabeth Warren's release of her DNA test that proved that she was a fraction Native American -- do you think that that helped or hurt her chances?

LINSKEY: Well, I think it would have been better if she had done that DNA test last year rather than this year. It's better that she does it this year than next year.

So, you know, she was going to have to do this DNA test. People forget -- you know, it wasn't only Donald --

CAMEROTA: She was? I mean, I just -- I just want to challenge you on that, Annie.

LINSKEY: Yes.

CAMEROTA: You don't think that she could have said I'm not going to humor Donald Trump's --

LINSKEY: No, I don't.

CAMEROTA: -- you know.

LINSKEY: She was not -- it wasn't Donald Trump. I mean, she was being asked this question by every single Sunday show host. I mean, every single one.

Every event she was at, people were asking her about it. I mean, I remember like random little events where a person from Weymouth would walk up and say hey, you know -- you know, there's this new thing. There's a DNA test. Why don't you just do it? I mean, it was a -- it was constant.

And the calculation she made was like I don't want -- I don't want to be asked this question all the time. I'll do it, I'll put it out there, and that's it.

And, you know, you can argue that this could -- you know, this wasn't the greatest way for her to introduce herself to a lot of people, but her calculation was she was just going to have to do it, and I don't disagree with that.

[07:45:00] CAMEROTA: What do you think? I mean, she took the bait it -- for some people believe that she took the bait.

MCINTOSH: Sure, I think especially after 2016, everybody -- every Democrat running should be very cautious about allowing something that is not the main story to become the main story. I think that's what she was trying to get out ahead of with the DNA test.

She was going to continue getting asked by the media and she was going to continue getting attacked by Republicans until she did it.

So should she have done it is a smaller, easier question to debate and get over than will she or won't we -- or won't she, which is what we would have been hearing all through 2019 if she hadn't done it.

CAMEROTA: Here is the latest polling and we'll just end on this. This is the likely Democratic caucusgoers' top choices for nominee. This is from December 10th, the CNN-Des Moines Register.

Joe Biden is the runaway favorite at this moment with 32 percent, and Elizabeth Warren is fourth with eight percent.

What's her feeling right now, Annie -- I mean, as she begins this formidable challenge?

LINSKEY: Yes. I mean, you look at that -- those numbers and I mean former vice presidents tend to get the nominations. If you look back in recent history, whether they end up winning or not, if you've been a vice president -- a sitting vice president, they become party nominees.

So, Biden certainly walks in with this sort of historic advantage. You know, so, the Warren team understands that and they know that.

It is a question mark, though, as to whether he'll run. I mean, he's 76 years old. That's -- you know, that's getting up there. He's certainly a young 76-year-old, but he's 76.

CAMEROTA: Annie Linskey, Jess McIntosh, thank you very much for all of the insights. Things are getting interesting. Thank you -- John.

LINSKEY: Thank you.

BERMAN: I'm just so glad you've come around --

CAMEROTA: I have. It's 2019 --

BERMAN: -- to the idea that the 2020 race is here.

CAMEROTA: It's 2019. I've decided to embrace it.

BERMAN: Really, 2019 has been the best year ever.

CAMEROTA: So far, it really has been a great year. You're right.

BERMAN: An American detained by Russia accused of being a spy. The Secretary of State is now speaking out. We're going to speak to Paul Whelan's brother about why they are concerned for his safety, next.

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[07:50:46] CAMEROTA: All right. The new year brings with it a wave of new laws. CNN's Jean Casarez has more on what they are and how they will affect you.

(BEGIN VIDEOTAPE)

JEAN CASAREZ, CNN CORRESPONDENT (voice-over): Two thousand nineteen rings in with bigger paychecks for some workers in at least 19 states that are increasing or adjusting their hourly minimum wages on or around New Year's Day.

Workers from Maine to Missouri to Arizona will see bumps in their paychecks, even as the federal minimum wage hasn't budged from $7.25 since 2009.

Just as the 2020 political season kicks off, next week the state of Florida will restore the voting rights of former felons upon the completion of their sentences, excluding those convicted of murder and sexual offenses.

Utah officially has the nation's lowest blood-alcohol content standard for drunk driving, now at .05 percent. That's as little as one drink for most women and three drinks for most men to reach the new limit.

Over in California, public-held corporations based in the state must have at least one woman on the board of directors by the end of the year. And by the end of 2021, corporations must have at least two or three female members, depending on the size of the board of directors. Violations of this new law can be punishable by fines up to $300,000.

Also in California, pet stores are no longer allowed to sell cats, dogs or rabbits unless they come from animal shelters or nonprofit rescue groups.

The Golden State is also home to a new law that gives pets more rights. No longer will the family dog and cat be treated by courts as physical property. Judges can now decide who gets custody of the family pet during divorce proceedings, based on what is in the best interest of the pets.

Fashion forward hunters in Illinois will now have another color option for their hunting wardrobe. The state becomes the seventh to expand the color options for hunting from the standard blaze orange to an equally bright blaze pink.

And in the age of tweets and texts, the state of Ohio is going retro. Students there will now be required to learn how to write in cursive by the end of the fifth grade.

Just some of the new laws Americans are waking up to this new year.

Jean Casarez, CNN, New York.

(END VIDEOTAPE)

CAMEROTA: OK, Secretary of State Mike Pompeo is speaking about an American detained in Russia accused of spying. Here is what Pompeo said about Paul Whelan just moments ago.

(BEGIN VIDEO CLIP)

MIKE POMPEO, SECRETARY OF STATE: With respect to Mr. Whelan, who is being held, we are hopeful within the next hours we will get consulate access to see him and get a chance to learn more.

We have made clear to the Russians our expectation that we will learn more about the charges and come to understand what it is he's been accused of. And if the detention is not appropriate we will demand his immediate return.

(END VIDEO CLIP)

CAMEROTA: OK, joining us now is Paul's twin brother, David Whelan. David, thank you very much for joining us.

Does that come as a surprise to you that -- to hear Secretary of State Mike Pompeo say that within the next few hours he thinks someone from the embassy or consulate will make contact with your brother?

DAVID WHELAN, BROTHER OF DETAINED AMERICAN PAUL WHELAN: Yes, that was the first we've heard of it so it's great to hear him say it.

CAMEROTA: I know that that's what your family has been calling for because you just don't have a lot of answers.

Do you know what your brother was doing in Russia when he was taken into custody?

WHELAN: He was visiting Moscow for a wedding for a friend and helping his friend because Paul had been to Russia before and could navigate Moscow and the sights. And so he was helping esquire some of the American tourists around who are part of the wedding party.

CAMEROTA: And your brother had been to Moscow -- or to Russia several times. Do you know why he liked to go to Russia or what he did there?

WHELAN: I don't know that Russia was specifically a place he liked to go. I mean, he liked to travel wherever he could. He has been to India and Iceland, and all over the place.

[07:55:07] He has friends in Russia so that would be an extra draw -- people he's met on social media. But I don't know that Russia was a particular place of return for him.

CAMEROTA: David, as you -- I don't know if you've heard this but there are some national security types who have suggested that maybe this is the Kremlin's retribution. I don't know if you're familiar with the Maria Butina case, but she pleaded guilty to spying on behalf of the Kremlin here in the U.S. and there's some suggestion that maybe this is retribution from the Kremlin for that.

What do you know about this?

WHELAN: I'm not speculating on any of that, particularly with Sec. Pompeo saying that the -- they still haven't gotten consulate access. We don't really know why he was picked up by the Russians and why he's being charged with espionage. So I'm not sure that we're worried about anything other than getting him out of Russia.

CAMEROTA: Understood. And, I mean, to your family, you all think that it is impossible that he was a spy.

WHELAN: I don't think there's any chance that he was a spy. CAMEROTA: There are some strange elements of your -- or at least questionable, I guess, of your brother's story. He had this social media account, the equivalent in Russia of Facebook -- it's called VK -- and he's had it for 13 years.

WHELAN: Right.

CAMEROTA: And he had various postings on there -- pictures of him in Russia. I think the first one that we have is where he took like sort of a rest and relaxation -- well, here's one.

I wasn't planning to go to this one yet but let's talk about this one. Here's one where he says, "Just drinking coffee and watching fake news."

Now, I'm not taking this personally that he's pictured with CNN, but I just am wondering is this a statement on his part somehow?

WHELAN: I don't really know. I don't know what's on his V contact page. I don't really follow him on social media other than on Twitter, which is where I am, so I don't know what he was intending by those photos.

CAMEROTA: What did he tell you about his social media? I mean, why do you think that he did have a VK account -- a social media account in Russia?

WHELAN: I knew over the years he'd met Russians. I don't know whether it was through work or through his Marine activity but he'd met people while he'd been traveling around and he connected with them on social media. And he would tell us that when he was traveling he would go and visit those people.

So I expect that the probably had a V contact page because his Russian friends had a V contact page.

CAMEROTA: The picture that I was going to show as him standing in front of the Kremlin. This is in 2006 when he was on, I think, a sort of --

WHELAN: Right.

CAMEROTA: -- R&R trip away from the Marines and he, I guess, apparently went to Russia for two weeks.

So, David, what do you want us to know? What is your family calling for today in terms of resolving this?

WHELAN: The only result we have in mind is for Paul to come home, for Paul to be safe. Hopefully, today, we'll learn that for sure. But really, for Paul to come home.

He's got elderly parents. He's got a home life that I'm sure he misses and we would like him to be back and part of it.

CAMEROTA: And what can you tell us about what he does for a living and your -- his family -- you're his twin brother -- and more about his life here at home.

WHELAN: Well, I only know what a brother tells a brother about his job. I'm a librarian and he does corporate security, so it's a bit like chalk and cheese.

What I understand is that he travels for his companies and looks at their physical structures -- their physical plants and analyzes whether there are security risks -- broken windows or doors that are weak or whatever. So, security risks that would allow people to get access to those buildings and potentially steal things or do other damage.

So he traveled the world for his company doing that sort of analysis and making recommendations about the sites that he visited.

And he traveled for fun. He's traveled, as far as I know, for fun since we were teenagers.

CAMEROTA: Well, David Whelan, we know that you and your parents are very anxious to get him home and to get any information that you can. And we're happy to be able to get that news to you that the Secretary of State believes that he will have consulate access in the next few hours. So obviously, we'll stay on the story.

Thank you very much for being on NEW DAY.

WHELAN: Thank you, I appreciate it. Thank you very much.

CAMEROTA: We're learning more about the president's meeting with congressional leaders. We have breaking news right now.

(BEGIN VIDEO CLIP)

SENATOR-ELECT MITT ROMNEY (R), UTAH: Donald Trump is a phony, a fraud. He's playing the members of the American public for suckers.

DAVE BRIGGS, CNN ANCHOR, "EARLY START": Incoming senator Mitt Romney criticizing President Trump's character in a scathing new op-ed.

UNIDENTIFIED MALE: It is a statement of principle of character, but it's still not clear who else is with him.

UNIDENTIFIED MALE: You can expect the president's going to come out with his tweets blazing on this one.

UNIDENTIFIED FEMALE: President Trump has invited both parties to the White House.