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Report Say Ethiopian Crew Followed Procedures; Democrats Urge FBI to Assess Security Risks; 14-Year-Old Says He's Boy Who Disappeared in 2011; Republicans Use Nuclear Option. Aired 9:30-10a ET

Aired April 04, 2019 - 09:30   ET

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

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[09:32:34] JIM SCIUTTO, CNN ANCHOR: New this morning, Ethiopian investigators have released parts of a preliminary report saying that the pilots did exactly what they were supposed to do, what they were ordered to do just before the Boeing 737 Max plane that they were flying crashed last month killing all 157 people on board. Remember, this was the second crash in a number of months with the same aircraft. The report says the pilots followed all of Boeing's procedures but were still unable to control the jet before it went down shortly -- just minutes after takeoff.

Let's discuss now with Mary Schiavo. She's the former inspector general for the U.S. Department of Transportation. He is an attorney who represents families of airline crash victims and does have current litigation bending against Boeing, we should mention that.

Mary, let me begin with this. So based on what we know of this report -- and the whole report hasn't coming out, so we're basing this on a summary from Ethiopian Airlines -- that the supposed fix Boeing put in after the first crash of a Lion Air flight in Indonesia, this procedure to disable this anti-stall system, the pilots did it and the plane still crashed.

Does that mean that Boeing bears responsibility for the second crash?

MARY SCHIAVO, FORMER INSPECTOR GENERAL, USDOT: Well, yes, as well as the first crash. And it's also important to point at this -- at this juncture in the investigation to take the spotlight off the pilots. You cannot reasonably expect two pilots, in six minutes, really in 40 seconds in the -- in the dive of this aircraft, to undo years of rushed certification, and rushed changes to a plane. The pilots simply cannot troubleshoot a broken plane and be expected to save it.

SCIUTTO: Yes.

SCHIAVO: And this report makes it clear that this was a Boeing problem and the Boeing fix was inadequate.

SCIUTTO: You know there's been -- there's been something of a whisper campaign, I wonder if you can describe it that way, which you will hear from here, including from manufacturers, about, well, those pilots overseas, do they really know what they're doing here? But you look at this report. First of all, Ethiopian Airlines, we should note, has a great stellar safety record and the pilots did what they were told to do and the plane still crashed.

SCHIAVO: That's right.

SCIUTTO: What do you say to --

SCHIAVO: That's right. And I have worked --

SCIUTTO: To folks who try to divert attention away from what appears to be a central issue here, and that is the -- known as the MCAS system. It's this -- it's this anti-stall system that caused problems it seems in both -- in both crashes?

SCHIAVO: Well, diverting the attention away from this system and the broken plane, to put it in generic terms, and trying to find something wrong with the pilot really harms pilots, really harms the investigation.

Now, you know, worldwide, and especially in the United States, where statistics are easy to track, you know, they blame the pilots in about three-fourths of the crashes. But I have worked other runaway trim crashes and it's very, very difficult for the pilots in the few seconds that they have to troubleshoot the plane to figure out -- remember, we're dealing with a broken plane -- figure out what's broken and then figure out how to fix it.

[09:335:21] Here, they did that, and then they used the Boeing instructions and still could not fix what is, in its element, a broken plane. So I don't want to detract from the fact by --

SCIUTTO: Yes.

SCHIAVO: By picking apart what the pilots did that the plane didn't work.

SCIUTTO: Yes. Broken plane.

Listen, just to our viewers, Mary Schiavo does not say things lightly.

Final question here, what does this say about the FAA's oversight of this, because the FAA, in effect, took Boeing's word after the first crash that this fix would be fixed. They put out an air worthiness directive requiring all pilots to do the same. Did the FAA fail here?

SCHIAVO: Yes, the FAA did fail and the FAA has a very tarnished image.

But this has been going on for three decades. Congress tasked me to review how the Boeing 777 was certified, and we actually found that Boeing self-certified about 95 percent of the plane. In my old office, the Office of Inspector General, has been issuing reports in the two decades since and as recently as 2015 issued a report warning Congress -- remember, their reports go to Congress -- warning Congress that Boeing was -- or excuse me, that the FAA was not on top of its Boeing inspection, that it had deferred to Boeing and it didn't even have a good plan in place to oversee that deferral of inspection.

And now, obviously, they have a lot of answering to do, but so does Congress because Congress was aware of this.

SCIUTTO: Listen, Mary Schiavo, we're going to stay on top of this story. Always good to have you on.

SCHIAVO: Thank you.

POPPY HARLOW, CNN ANCHOR: All right, we are indeed.

Also, here's what's happening right now. FBI Director Christopher Wray is on Capitol Hill. This is his first public appearance since the Mueller report was released to Attorney General William Barr. This morning Wray will testify before the House Appropriations Committee. This is a typical budget hearing, but, of course, we are expecting him to be asked about the Mueller report. We'll monitor it and bring you the latest as it happens.

Ahead for us, was an alleged breach at the president's Mar-a-Lago club part of a big spy effort? The FBI is now looking for answers in that, but the president says he's not worried.

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[09:4138] SCIUTTO: The FBI wants to know if a woman who tried to sneak her way into President Trump's Mar-a-Lago resort last week is part of a bigger espionage effort. The woman was found on the Mar-a-Lago property with Chinese passports, four cell phones and a flash drive containing malicious malware. But the president himself, who owns the club, goes there all the time, isn't worried.

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DONALD TRUMP, PRESIDENT OF THE UNITED STATES: No, I'm not concerned at all. I have -- we have very good control.

I think that was just a fluke situation and I think that the person sitting at the front desk did a very good job, to be honest with you.

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HARLOW: All right, as the FBI investigates, some Democrats in Congress are urging the agency to address security risks at all of the Trump properties.

Let's bring in FBI -- former FBI Supervisory Special Agent Josh Campbell.

Good morning, Josh, to you.

JOSH CAMPBELL, CNN LAW ENFORCEMENT ANALYST: Good morning.

HARLOW: How rare and how significant is it to have the FBI investigating possible espionage at a club owned by the president of the United States? CAMPBELL: There's a lot there. That's rare, not only for the fact that

we haven't seen anything like this where you have a president who owns a facility that also happens to be open to the public and people can come and go. You know, the president said that this was a fluke. This is one that we know about, an incidence where someone was actually caught. Are there other instances out there where someone tried to come into the club, you know, perhaps for illicit purposes, for some type of intelligence collection purpose that we don't know.

But, to your point with the FBI investigation, I think when they look at the facts in this case, there's enough smoke here that they -- they -- it would be dereliction if they didn't look further and to see if this is tied to a foreign intelligence service.

SCIUTTO: So as you know, Josh, and Poppy knows, I'm a China guys. This seems straight out of the China spy playbook and they're trying to find secrets anywhere they can.

I'm just curious about this. The Secret Service is kind of throwing this off on the club, saying, we did our job, it's really the property's responsibility here. That property, as we noted, happens to be owned by the president.

But from a law enforcement perspective, whose responsibility is it to secure, particularly when you have the leader of the free world staying there with regularity?

CAMPBELL: Yes, it's a great question. And it obviously puts the Secret Service in an impossible situation where they're being asked to secure a facility, again, as we mentioned, that's also open to the public. It's private property that does business and, you know, generates revenue from people coming and going.

So, as we understand it in talking to our sources that Mar-a-Lago security, they are in charge of the list, who is, you know, able to come in and off the facility. And that's where the failure really was here. Where this -- this woman showed up and was waived in all the way to the reception area.

Now, the Secret Service, their role was to screen her and their role generally is to screen people to ensure they don't have weapons, you know, unauthorized, you know, devices and the like. But, again, if they're on the list, they're on their list, and she made her way in.

Now, there's a whole separate issue if there's someone that makes their way in close proximity to the president. Now, President Trump wasn't physically at the location whenever this happened. There's no way this woman would have gotten up close to him. But, as you know very well, Jim and Poppy, you know, there are technical issues here when you think about the thumb drive, possible malware.

HARLOW: Yes.

CAMPBELL: I mean the damage could have been done. There could have been an intelligence collection success here, even if the president isn't physically there. HARLOW: "The Washington Post" this morning writes, quote, the

president had no idea who most of the people around him are at the club. They're citing a White House official speaking anonymously. Quote, you pay and you get in.

[09:45:00] What? I mean, do protocols have to change?

CAMPBELL: Well, again, this is -- we're in uncharted territory here. We haven't seen anything like this where you, again, you have a president who owns a business, who -- they're generating revenue by people coming and going.

I think the issue here, and this is what may -- actually raised some eyebrows at the beginning, this looks like somewhat of a ham-handed operation, this woman coming in. I mean if you think about how others get in. If this woman were to have paid her way in, or bought a membership, I mean she could have walked in, you know, obviously, you know, without obstacles there.

HARLOW: Right, without being checked.

CAMPBELL: Without being checked, exactly.

HARLOW: Yes.

CAMPBELL: And so it seems -- obviously a lot of questions we have about what her purpose was and why she was there. But to the larger point, as you mentioned, when people can pay essentially to get into an area where the president is, if you're a foreign government, that is as enticing as it comes.

SCIUTTO: Yes. I mean if this was a clumsy op, didn't work. Was there a smarter opp that did work? More than one?

HARLOW: Yes.

CAMPBELL: Exactly.

SCIUTTO: Fair question.

HARLOW: Thanks.

SCIUTTO: Josh Campbell, thanks very much.

CAMPBELL: Thanks.

SCIUTTO: A boy who went missing in Illinois nearly eight years ago may have just been found wandering through a neighborhood in Kentucky. We're going to have this amazing story coming up.

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[09:50:28] HARLOW: All right, now to a remarkable story. A 14-year-old boy found wandering in a Kentucky neighborhood says he is Timmothy Pitzen. He went missing nearly eight years ago, if that is indeed him. His teenager says he has been held captive all this time. SCIUTTO: Now police and the FBI are investigating. You can imagine they would. And Timmothy's family is hoping that the teenager really is the same boy who disappeared so many years ago.

CNN's Athena Jones, she's been following this story, all the developments.

Athena, Timmothy last seen in 2011. Take us through what happened then and how did he disappear?

ATHENA JONES, CNN NATIONAL CORRESPONDENT: Sure.

Good morning, Poppy and Jim.

Well, just a quick recap of how this all began. This all began Wednesday morning when neighbors spotted this boy and called police. They said the 14-year-old boy appeared scared, nervous, and bruised. This is the boy who identified himself as Timmothy Pitzen.

Now, here's what we know about this case that began, as you said, almost nearly -- almost eight years ago. In May of 2011, Timmothy's mother took him out of school in Aurora, Illinois. That mother was found dead by suicide in a hotel room in Rockford, Illinois, several days later. She left behind a note saying that Timmothy is with people who love him. But the note said you'll never find him.

Now, Wednesday, this 14-year-old, calling him Timmothy Pitzen, made contact with police here after being spotted by neighbors in this neighborhood right behind me. He describes his two kidnappers as two white males with a bodybuilder type build. One with curly black hair and a spider web tattoo on his neck, the other, short in stature with a snake tattoo on his arms. And he said that they had been traveling in a newer model Ford SUV, a white Ford SUV. And so those are the leads that police and authorities -- multiple agencies working together are trying to run down right now, in addition to trying to positively identify this young man as Timmothy Pitzen.

HARLOW: I'm really interested, obviously, in what the police are saying. You went through some of that there. But also just what's the reaction on the ground there? I mean I think of Jacob Wetterling, in my home state of Minnesota, just this famous case that ended tragically. What are people --

SCIUTTO: And Michelle Smart, right, you know, came out and escaped.

HARLOW: Yes. Yes. Yes.

What are people saying there, Athena?

SCIUTTO: Elizabeth Smart, I'm Sorry.

HARLOW: Yes.

JONES: We're hearing from the witnesses here that they -- that they're hopeful that this actually is Tim Pitzen. But the folks who actually spotted him describe a young man who had clearly been through a traumatic situation. I mean you can hear the emotion in the voices of the witnesses talking about this young man being bruised.

We did speak to Newport police. They are working with several agencies on this case, tracking down every lead they can. The police officer told us that detectives have been working around the clock trying to track down as much information as they can. They're getting an uptick in calls and tips on this case. So still a lot to be determined as we wait and see if this truly is Timmothy Pitzen.

Poppy. Jim.

HARLOW: OK, Athena Jones, thank you for being there. Update us on the reporting when you have it.

To Washington next. New signs of partisan divide growing in the Senate. Now Majority Leader Mitch McConnell goes, quote, nuclear.

SCIUTTO: Yes, this is a big deal.

And who is tricky Dick? The four part CNN original series explores Richard Nixon's rise, fall, incredible comeback, and then later political destruction, featuring never before seen footage. The series continuing Sunday night at 9:00 Eastern Time on CNN.

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[09:58:05] SCIUTTO: It is another sign of the growing divide between Democrats and the GOP. Mitch McConnell and Senate Republicans are going nuclear again.

HARLOW: Wednesday, they used a controversial tactic known as the nuclear option to make it easier to confirm dozens of the president's lower level nominees.

Manu Raju has details on Capitol Hill.

Well, can't they thank Harry Reid for that?

MANU RAJU, CNN SENIOR CONGRESSIONAL CORRESPONDENT: Yes, in some ways the Republicans will say this is what Harry Reid essentially did in 2013 when he changed Senate filibuster rules for nominees that did not include Supreme Court nominees at the time because Reid and President Obama were very frustrated at Senate Minority Leader Mitch McConnell at the time for filibustering and blocking a number of their nominees. So they went through this process called the nuclear option to change the rules, make it -- allow a simple majority of the Senate, the majority party, to push through nominees.

Now, the Republicans have taken it even further. Mitch McConnell, when he became majority leader, in the last Congress, after President Trump took office, he changed Senate rules to allow Supreme Court nominees to be confirmed by a simple majority. That led to the confirmation of both Brett Kavanaugh, as well as Neil Gorsuch. And just yesterday the Senate Republicans pushed through another change of the rules through this process that had not been used before since -- since -- and retried it in 2013. That to speed up the confirmation process for subcabinet nominees, people who were not at that cabinet level, and for district court nominees.

So the question is, what's next? Will this affect other nominees? And will the very -- the one area that actually protects minority rights, the filibuster to prevent legislation from moving forward that requires 60 votes in the Senate, will that go away? That is the big concern that a lot of people in the Senate have for the erosion of minority rights in the Senate that could potentially turn the Senate to look like the House.

HARLOW: Yes.

RAJU: Guys.

[10:00:02] SCIUTTO: Checks and balances designed by the founders for a reason.

HARLOW: Yes.

SCIUTTO: We'll see if they survive.

Of course, the next Congress, whoever controls it, would have the same powers.

HARLOW: There you go.

SCIUTTO: Manu Raju.

END