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"Empire" Actor Orchestrated Attack; McCabe Turned Memos Over to Mueller; Winter Storm Hits U.S.; Team LeBron Rallies to Win. Aired 6:30-7a ET
Aired February 18, 2019 - 06:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(COMMERCIAL BREAK)
[06:31:00] ALISYN CAMEROTA, CNN ANCHOR: Well, the mystery deepens surrounding the alleged attack on "Empire" actor Jussie Smollett. Law enforcement sources tell CNN there is new evidence that the actor orchestrated the attack. His attorneys strongly deny that.
CNN's Ryan Young is live in Chicago with the latest.
There were always questions, Ryan, about some of the more strange elements of this story.
RYAN YOUNG, CNN NATIONAL CORRESPONDENT: Yes, there were always questions about this. In fact, we were in the area where the alleged attack supposedly happened. Look at how well lit this is. And, of course, this weekend we learned there are questions that they want to talk to the actor about as soon as possible.
(BEGIN VIDEOTAPE)
JUSSIE SMOLLETT, ACTOR: I'm not fully healed yet, but I'm going to --
YOUNG (voice over): The alleged hate crime against "Empire" actor Jussie Smollett prompted national outrage.
SMOLLETT (singing): Feels like I try make you smile, you don't even care though.
YOUNG: But two law enforcement sources tell CNN that Chicago Police now believe Smollett paid two men to orchestrate the assault. Smollett vehemently denying the suggestion through his attorneys, saying in a statement, as a victim of a hate crime who has cooperated with the police investigation, Smollett is angered and devastate and further victimized by claims that he played a role in his own attack. The actor blasting those who have questioned his account in an interview last week.
SMOLLETT: Who thought (EXPLETIVE DELETED) would make something like this up or add something to it or -- or whatever it may be. I can't -- I can't even -- I'm an advocate.
YOUNG: Chicago Police confirming that new information has shifted the trajectory of the investigation, saying on Saturday that they've reached out to Smollett's attorney to request a follow-up interview.
SMOLLETT: I'm pissed off.
ROBIN ROBERTS, ABC NEWS: What is it that has you so angry? Is it the attackers? Is it --
SMOLLETT: It's the attackers, but it's also the attacks.
YOUNG: According to the initial police report, Smollett alleges that two men attacked him on January 29th while yelling racist and homophobic slurs, putting a rope around his neck and pouring and unknown chemical substance on him. He said at least one of the men was wearing a mask. On Wednesday, authorities arrested two potential suspects seen in this surveillance footage, saying that they had probable cause to believe the Nigerian brothers may have been involved in an alleged crime.
SMOLLETT: I don't have any doubt in my mind that that's them. Never did.
YOUNG: But by Friday, after searching their apartment, police released the men without any charges. A source familiar with the investigation tells CNN police are now examining the men's cell phones. Chicago Police say Smollett has also handed over phone records but they were heavily redacted.
SMOLLETT: They wanted me to give my phone to the tech for three to four hours. I'm sorry, but I'm not going to do that.
ROBERTS: Why?
SMOLLETT: Because I have private pictures and videos and numbers.
YOUNG: In the wake of the alleged attack, a number of 2020 Democrat hopefuls rallied behind Smollett. Now many say they'll wait for the investigation to be completed before commenting further.
REP. TULSI GABBARD (D), PRESIDENTIAL CANDIDATE: The investigation is ongoing.
SEN. CORY BOOKER (D), PRESIDENTIAL CANDIDATE: I'm going to withhold until all the information actually comes out from on the record sources.
(END VIDEOTAPE)
YOUNG: Now police actually say they have records that the two brothers purchased the rope that was found around Smollett's neck. To go even further, we know overnight "Empire's" executive producer tweeted his support for the actor, saying, I believe and stand by Jussie. Keep your head up.
So much discussion about this. We've actually walked the area from the subway back to this area. So many little pockets, but mostly covered by cameras. We know right now there's no video evidence of the attack. Police continue to work this case. Guys.
JOHN AVLON, CNN ANCHOR: Thank you, Ryan. Fascinating story. Thanks.
[06:34:50] Fired FBI Director Andrew McCabe says Robert Mueller has notes that he took of his interactions with President Trump. What could they glean for investigators? We ask a former top FBI official, next.
(COMMERCIAL BREAK)
CAMEROTA: Fired FBI Deputy Director Andrew McCabe speaking out on "60 Minutes" about the Russia investigation and what happened in the months after Jim Comey was fired. McCabe also explains why he remembers his conversations with President Trump so clearly.
(BEGIN VIDEO CLIP)
SCOTT PELLEY, "60 MINUTES": You seem to have a very clear memory of your conversations with the president. Why so?
ANDREW MCCABE, FORMER FBI DEPUTY DIRECTOR: I made memorandums to myself to make sure that I preserved my contemporaneous recollection of those interactions.
PELLEY: That's what FBI agents are trained to do, write memos to the file after they speak to witness?
MCCABE: That's what we're trained to do.
PELLEY: And where are those memos today?
MCCABE: Those memos are in the custody of the special counsel's team.
PELLEY: Robert Mueller's team?
MCCABE: That's correct.
PELLEY: Has your memos?
MCCABE: He does.
(END VIDEO CLIP)
CAMEROTA: All right, joining us now is John Pistole. He was previously the FBI's deputy director and he worked with both Andrew McCabe and with then FBI Director Robert Mueller, now, of course, the special counsel. And Pistole is now the president of Anderson University.
[06:40:00] Mr. Pistol, thank you very much for being here.
When you hear Andrew McCabe say that he gave his contemporaneous notes to the special counsel's team, how much stock would you, as an investigator, put in those?
JOHN PISTOLE, FORMER FBI DEPUTY DIRECTOR: Well, it's the prudent thing to do for anybody who's been trained as an FBI agent, of course. And the notes would be relevant and potentially probative of what other evidence there maybe that Special Counsel Mueller has that would tie into his overall investigation. So it was a prudent step by Andy McCabe to turn those over. The question is, what is their relevancy and what proof do they offer of what he may be investigating?
CAMEROTA: And, of course, there's also a question about his credibility. And I want to ask you about that since, of course, you know him and you worked with him. You know, he was fired for, quote, lacking candor four times as it related to a leak to "The Wall Street Journal." Do you think that he has credibility?
PISTOLE: Well, I think it's difficult in this situation to assign credibility to him because the Department of Justice Office of Inspector General, as you mentioned, has found specifically that he lacked candor, which is the kiss of death in the FBI. I mean agents can do a lot of things and others. But when you lack candor, especially under oath, and I believe it was at least three times when he was interviewed that he was determined to have lacked candor, then he would be not qualified as a witness in any future proceedings because his credibility would be brought into question. And so his testimony would be undermined by these prior findings. So that's the context that all this is in.
It's a remarkable interview last night on "60 Minutes," but the context and the old adage about text without context is pretext, you've got to make sure that that's understood. And so Special Counsel Mueller, how he assesses that, will be important as to whether Andy McCabe's notes are accurate, and assuming they are. But then the question is, if he was presented as a witness to something, would he be undermined because of the cross examination due to his lack of candor under oath.
CAMEROTA: It is your belief that the public may never know the findings of Robert Mueller's report. Why do you think that?
PISTOLE: Well, the bottom line is because Robert Mueller has never said that he would make that public. So, you know, I was his deputy for almost six years and worked with him for eight, nine years after 9/11. And then -- so if he said something was going to happen, then I believe that. If he did not say it, then I would not assume that it would be a case.
So I think there's been a public narrative that has indicated that there's clearly an appetite and a huge interest in knowing every aspect, every subtlety and nuance of the investigation. But he has never said that he would make that public and his -- the requirement when he was appointed special counsel by Deputy Attorney General Rod Rosenstein was that he would prepare a report that would be presented to then deputy attorney general because Jeff Sessions had recused himself. But now with Bill Barr in as attorney general, the report would go to him. And then it's up to him to decide what, if anything, is made public.
So I think there's been an expectation and perhaps a hope that this report would be made public. But that's not because Bob Mueller has ever said that would be the case. And so I think what we will probably see is some type of redacted report with the highlights, if anything. But I would not expect there to be Bob Mueller to have a press conference, say here's my findings, here's what I didn't find, and so here's my recommendation to the attorney general.
CAMEROTA: Yes.
PISTOLE: I just don't think we're going to see that.
CAMEROTA: Well, I mean, and, look, you know him. You worked with him for many years. And I've read about how buttoned up he is, how sort of straight and narrow, and he follows the rule -- the word of the law, the letter of the law, I should say.
But, you know, this has grip the country. I mean doesn't Robert Mueller, given his long history with law and order, if he were to have found that the president broke the law or someone around the president, doesn't he think that Americans have a right to know that?
PISTOLE: Well, it's a good question. And I think he is probably assessing that. The default position would be to do what his mandate calls for, and that's to provide that report to the attorney general.
That being said, if he found that the president or others close to him had broken the law and he was recommending something beyond the scope of what the special counsel mandate was, and the Department of Justice, particularly the attorney general did not act on that, then I think he might reassess to see, is there compelling public interest, as you mentioned, that would justify him making comments beyond the public -- or I mean the private report that would go to the Department of Justice.
[06:45:08] CAMEROTA: Yes.
PISTOLE: So it's a good point and I think it's something that they'll just have to assess depending on the outcome.
CAMEROTA: That's really helpful to know that you think that he could be compelled to speak publicly if his findings didn't comport with then what the attorney general did.
John Pistole, thank you very much for all of your expertise and experience in these matters.
PISTOLE: Thank you.
CAMEROTA: John.
AVLON: President Trump will address the crisis in Venezuela in a speech today, as the U.S. ramps up pressure to oust Nicolas Maduro. A live report from Venezuela, next.
(COMMERCIAL BREAK)
AVLON: Another winter storm set to hit the Midwest and northeast this week. CNN meteorologist Jennifer Gray has your forecast. Jennifer.
JENNIFER GRAY, CNN METEOROLOGIST: Yes, it is going to be a sloppy week across much of the east. We have this system today from the deep south all the way to the northeast bringing rain and snow, even some icing conditions. That's going to move out of the way and the next one is right behind it.
[06:50:08] This weather report is brought to you by Boost nutritional drink. Be up for life.
So, as this system pushes out of the way, the next one will get its act together, developing in the south. And it's going to bring heavy, heavy rain across much of the south. The Tennessee River Valley. Also bringing snow to the Midwest. The is beginning tomorrow into Wednesday. Chicago getting in on it. And you can even see the mid- Atlantic getting some snow as well. Should see some freezing rain.
Also, some heavy rain continues for the south. By the time we get into the midweek, snow and ice across much of New England, Pennsylvania, New York, and that's going to push to the north from there. So we're not going to see huge totals with this system, but it will delay travel in the air and by road. The rain on the south side of this is going to be a huge story because it has been raining for days, it's going to continue to rain, and we are going to see anywhere from four to six inches possible through this area in the Tennessee River Valley.
Alisyn.
CAMEROTA: Jennifer, thank you. I'm pretty much ready for winter to be over, though it is February.
GRAY: Me too.
AVLON: I'm ready.
CAMEROTA: OK.
AVLON: Very ready.
CAMEROTA: Make that happen, Jennifer.
President Trump slamming "Saturday Night Live" for what he calls a Republican hit job. What got the president so worked up this weekend? We'll show you.
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[06:55:35] AVLON: Basketball's biggest stars taking center stage last night for the NBA's all-star game. Andy Scholes live in Charlotte with the "Bleacher Report."
Andy.
ANDY SCHOLES, CNN SPORTS CORRESPONDENT: Yes, good morning, John. You know, all-star weekend, always the most fun few days of the NBA
season. The league once again going with the draft format for this year's game. The teams were picked by LeBron James and Bucks super star Giannis Antetokounmpo. And legends Dirk Nowitzki and Dwyane Wade, they were added to the all-star game by Commissioner Adam Silver this year since this is likely their last season. And Dirk coming in, in the first quarter and he knocked down back to back threes. Didn't look like an old man there. He got a big ovation from the crowd.
And, you know, the all-star game always comes with plenty of high- flying drunks in the second quarter. Curry the bounce pass to Giannis, who goes way up for the slam. A little later, Wade off the background to LeBron. It was just like old times. Thanks to a big second half from Kevin Durant, team LeBron making a huge comeback. They pulled away to win 178-164 and Durant named the game's MVP for the second time in his career.
(BEGIN VIDEO CLIP)
KEVIN DURANT, 2-TIME ALL-STAR GAME MVP: As a veteran now coming back to win another MVP is just cool to put this in the trophy case. That's hard to rank because, you know, everything's special. But it's cool to be out there with some of the best players that ever played a game and to win MVP in front of my family and friends is pretty sweet.
LEBRON JAMES, PLAYING IN 15TH ALL-STAR GAME: You put me on the floor, I love to compete. I'm a competitor no matter what it is. You know, I was competing to see if I could get to this table first. Did anybody come in before me?
UNIDENTIFIED MALE: No.
JAMES: See what I'm talking about? See y'all the second half of the season.
(END VIDEO CLIP)
SCHOLES: And LeBron now 2-0 in picking teams in the all-star game. We'll see, guys, if he's able to have that kind of success with the Lakers. You know, a lot of people he had on his all-star team, free agents this off-season. Coincidence? I don't know.
AVLON: I think not. I love how competitive is he.
CAMEROTA: I know.
AVLON: And that, you know --
CAMEROTA: Fighting for the mike. Fighting for the table. The -- everything. Those were great shots, by the way.
AVLON: Even for you?
CAMEROTA: Even for me.
AVLON: OK. Just checking. CAMEROTA: I do like watching basketball.
AVLON: You do?
CAMEROTA: Sometimes.
AVLON: All right.
CAMEROTA: President Trump up late after watching "SNL," slamming the show for mocking his national emergency. The president claims he found the real collusion. Here are your "Late Night Laughs."
(BEGIN VIDEOTAPE)
ALEC BALDWIN, ACTOR, "SNL": Let's cut to the chase, folks, we need wall, OK. We have a tremendous amount of drugs flowing into this country from the southern border or the brown line, as many people have asked me not to call it.
I'm basically taking military money so I can have wall. So I'm going to sign these papers for emergency, and then I'll immediately be sued, and the ruling will not go in my favor, and then I'll end up in the Supreme Court. And then I'll call my buddy Kavanaugh. And I'll say it's time to repay the Donny. And he'll say, new phone, who this?
UNIDENTIFIED MALE, ACTOR, "SNL": Trump described increased violence at the border. But to be fair, had he air tight evidence to back it up.
DONALD TRUMP, PRESIDENT OF THE UNITED STATES: I used many stats. I used many stats.
QUESTION: Could you share those stats with us?
TRUMP: Let me tell you, you have stats that are far worse than the ones that I use, but I use many stats.
UNIDENTIFIED MALE: Many of them. Does anyone else get the sneaking suspicion that when he says many he means zero? It's like turning in a paper where the bibliography section just says many books.
Many are saying you ran rings around the president in the wall negotiation and yet you've decided not to gloat.
UNIDENTIFIED FEMALE, ACTRESS, "SNL": Well --
UNIDENTIFIED MALE, ACTOR, "SNL": What -- what is there to gloat about? I mean the president is a very tough negotiator.
UNIDENTIFIED FEMALE: We're actually --
UNIDENTIFIED MALE: Ann Coulter says the only national emergency is that our president is an idiot. What?
UNIDENTIFIED FEMALE: What?
UNIDENTIFIED MALE: That's not very -- I thought she liked him? UNIDENTIFIED FEMALE: Well, that is shocking. I was shocked when I --
when I printed that out this morning.
UNIDENTIFIED MALE: Yes. That seems like gloating. That's gloating.
UNIDENTIFIED FEMALE: OK.
UNIDENTIFIED MALE: You got us.
UNIDENTIFIED MALE: Nancy Pelosi and Chuck Schumer.
(END VIDEO CLIP)
AVLON: Oh, that's good stuff.
CAMEROTA: Their impersonations this season are really right on.
AVLON: The Schumer and Pelosi, that's a new addition. I think that's going to be a new classic.
CAMEROTA: There you go.
AVLON: Instant classic.
CAMEROTA: All right, we want to thank our international viewers for watching. For you, CNN "TALK" is next. For our U.S. viewers, President Trump may be prepared to issue his first veto about this. NEW DAY continues right now.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: We shouldn't have an executive that tries to get around Congress with this national emergency.
SEN. LINDSEY GRAHAM (R), SOUTH CAROLINA: Unfortunately, he's got to do it on his own and I support his decision to go that route.
[07:00:03] DONALD TRUMP, PRESIDENT OF THE UNITED STATES: I didn't need to do this, but I'd rather do it much faster.
END
