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Erin Burnett Outfront

Soon: Atty General Holds News Conference On Jacob Blake Case; Wisconsin DOJ Reveals New Details In Lead Up To Shooting: Jacob Blake "Admitted" He Had "A Knife In His Possession"; Wisconsin Attorney General Identifies Officers Involved In Deadly Police Shooting Of Jacob Blake; NBA Playoff Games Called Off Tonight As Players Protest Shooting; Cat 4 Hurricane Nears Texas, Louisiana With "Unsurvivable" Storm Surge. Aired 7-8p ET

Aired August 26, 2020 - 19:00   ET

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


WOLF BLITZER, CNN HOST: And may their memories be a blessing.

Thanks for watching. I'll be back in an hour for CNN special coverage of the Republican National Convention. "ERIN BURNETT OUTFRONT" starts right now.

ERIN BURNETT, CNN HOST: And OUTFRONT next the breaking news, Wisconsin on edge. Double the number of National Guard troops tonight, a new curfew about to go into effect. The Attorney General of the state who is leading the investigation into Jacob Blake's shooting is about to hold a very important press conference what we understand will be a lot of new details. That is live in just a moment here OUTFRONT and we have more breaking news as we wait for that.

Three playoff games called off tonight as players protest. LeBron James tweeting, "F--- this, man. We demand change. Sick of it." Bob Costas is OUTFRONT with the latest.

And the catastrophic category four hurricane barreling towards the Gulf Coast at this hour. It's slated to be the strongest hurricane to ever hit Louisiana with unsurvivable storm surges. We're going to talk to the mayor of the city right there in the eye of the storm. Let's go OUTFRONT.

And good evening. I'm Erin Burnett.

OUTFRONT tonight the breaking news, investigators about to hold a news conference on the shooting of 29-year-old Jacob Blake. Blake was shot in the back multiple times by police in Kenosha, Wisconsin. Three of his children just feet away in the backseat of the car. Investigators have a lot of questions to answer tonight. It has been three days since that shooting. Still though, we don't know the basic facts of what led to Jacob Blake's shooting.

Meantime officials in Kenosha are bracing for what could be another deadly night. Wisconsin's Governor doubling the number of National Guard members on the streets tonight. That is now going to be 500 after what we saw last night, which was violent protests and mayhem. Local officials moving the curfew up an hour. It comes after two people were shot and killed last night, a third seriously wounded. We have obtained video of that shooting and warning it is disturbing.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Oh, f---. He shot that guy in his stomach.

UNIDENTIFIED MALE: (Inaudible) ...

UNIDENTIFIED MALE: (Inaudible), we're getting shot all around us. People are just getting shot everywhere, guys.

(END VIDEO CLIP)

BURNETT: A 17-year-old suspect from Illinois, Kyle Rittenhouse arrested in connection with that shooting. Now, police have not confirmed he's the same person seen in that video, but they have arrested him. He is now charged with first degree intentional homicide.

A witness is saying he saw a group of about a dozen people carrying firearms trying to protect local businesses.

(BEGIN VIDEO CLIP)

BRENDAN GUTENSCHWAGER, KENOSHA SHOOTING WITNESS: They were co-mingling with the protesters. But when people would ask them like who are they, like what group are you, what are you out here for. They said, we're not anybody's friend. We're just here to protect the city.

(END VIDEO CLIP)

BURNETT: Protests escalating in the aftermath of the shooting of Jacob Blake. All three NBA playoffs games suddenly postpone tonight. Players protesting. Omar Jimenez is OUTFRONT on the ground as he has been since the beginning.

And Omar, all eyes on exactly where you are right now. That podium behind you, the State's Attorney General going to be, perhaps, giving us some crucial information. There has been just none out there. We may find out more and I know he's slated to speak any moment.

OMAR JIMENEZ, CNN CORRESPONDENT: That's right, Erin. Now, as we understand the Attorney General here for Wisconsin, Josh Kaul, is getting ready to speak. But we actually just received, literally seconds ago, communication from the Department of Justice like, four here in Wisconsin, shedding light likely on what he is about to talk about in a few moments.

For one, they identified the officer here in the shooting, Kenosha Police Officer Rusten Sheskey, saying he's been a law enforcement officer with the Kenosha Police Department for seven years. He also mentioned that this call and this is again coming from the Department of Justice here in Wisconsin that is leading the investigation into the shooting mentioned that they were dispatched after a female caller reported that her boyfriend was present and was not supposed to be on the premises. And so we can imagine, again, as the Department of Criminal

Investigation within this Department of Justice here in Wisconsin has been leading this. We are going to hear some of those details officially come from the Attorney General Josh Kaul. We're going to continue to go through some of this.

But there are also various other aspects of this story as well. We, of course, are on the other side of it. It has been three nights of unrest, including last night, seeing in some cases, instances of deadly violence and I want to warn some of the video you're about to see may be considered graphic.

(BEGIN VIDEOTAPE)

JIMENEZ (voice over): A contentious and at times violent night in Kenosha, Wisconsin for a third night in a row.

And in the late night hours, gunshots, someone appears to go to the ground and then opens fire. Police speaking publicly for the first time since Jacob Blake was shot. Couldn't comment on the police shooting.

[19:05:01]

But they did say a 26 and a 36-year-old were killed last night and a third seriously injured. A 17-year-old suspect, Kyle Rittenhouse, from a nearby Illinois town was arrested. Police haven't confirmed he's the same person seen in videos from the scene, but he is charged with first degree homicide.

Facebook says it's investigating a group using the name Kenosha Guard, which promoted an event for last night titled armed citizens to protect our lives and property. It's unclear if last night's violence is tied to the Facebook group or event.

(BEGIN VIDEO CLIP)

SHERIFF DAVID BETH, KENOSHA COUNTY, WISCONSIN: Yesterday, I had a person call me and say why don't you deputize citizens who have guns to come out and patrol the City of Kenosha. And I'm like, oh, hell no. And what happened last night and I think Chief Miskinis is going to talk about it, was probably the perfect reason why I wouldn't.

(END VIDEO CLIP)

JIMENEZ (voice over): And with more demonstrations expected, Kenosha officials requested an additional 1,500 National Guard. Wisconsin Governor Tony Evers says he's adding to the amount of National Guard he's authorizing, making 500 of them available to go along with local law enforcement response, already bolstered from other jurisdictions.

The Governor's office saying they denied the President's offer to send federal assistance, but that the FBI will help support the state response. But at the center of all of this is a family calling for peace and with one of their own clinging to life. Jacob Blake's injuries ranging from the vertebrae to holes in his stomach. (BEGIN VIDEO CLIP)

PATRICK SALVI SR., FAMILY ATTORNEY FOR JACOB BLAKE: I think if it was not a police officer, that person would be charged with attempted murder. I don't think there's any question especially with the benefit of a video camera, which clearly shows the crime being committed.

(END VIDEO CLIP)

JIMENEZ (voice over): Meanwhile, the investigations into how this interaction with police ended with seven shots to the back are still ongoing as a federal law enforcement official tells CNN, the U.S. Department of Justice and FBI are also reviewing the case.

(END VIDEOTAPE)

JIMENEZ: So we are, again, here on scene awaiting a press conference any moment now from the Wisconsin Attorney General Josh Kaul. But before that, we did get communication from the State Department of Justice here with some new details on what exactly they have found and how exactly they are looking at things.

So for starters, I mentioned before that, that the officer, that discharged his weapon here has been identified as Kenosha Police Officer Rusten Sheskey. He had been or he has been a law enforcement officer with the Kenosha Police Department for seven years. Also during the investigation, they say that Jacob Blake admitted that he did have a knife on his possession that the Department of Criminal Investigation agents recovered a knife from the driver's side floorboard of Mr. Blake's vehicle.

And afterwards as well, they do go on to mention that the Department of Criminal Investigation is leading this assisted by state police and the FBI as well. And basically how this is going to work, as they say, the Department of Criminal Investigation, again, within Wisconsin DOJ is reviewing evidence that they are then going to turn over to a prosecutor and it says that they aim to provide that report of the incident within 30 days at this point.

And of course, this comes just days after we had seen the video emerge of Jacob blade being shot in the back seven times as he was going around, again, to that driver side door and comes on the heels of what has been multiple nights in a row of people demonstrating in the streets and in some cases, showing violent confrontations. We know that the curfew has been moved up tonight to try and prevent some of the destruction we saw in previous hours.

And as officials told us, to try and deal with some of these crowds more under the sunlight as opposed to the nighttime as they had previously. But again, all of these details are likely going to come from the Attorney General Josh Kaul as he steps in and we'll have the opportunity to ask him questions as well (inaudible) ...

BURNETT: All right. And I know you will be asking questions, Omar. As he speaks, we are going to go to that live where Omar is. As we await that though, I want to go through the statements that we have, which will be part of what the Attorney General presents. And, of course, I'm sure he will add more and be asked a lot of questions.

Joey Jackson is with me, though, to go through what we know now, Criminal Defense Attorney and CNN Legal Analyst. So Joey, this is the first that we have heard, right, of anything of what led to this from the investigative side, OK. So can I just start with what we've learned here as to why police showed up, OK?

There's been a lot of speculation, nobody had any idea. They're saying they showed up because a female caller reported that her boyfriend was present and was not supposed to be on the premises. That's the reason they're there. What do you make of that being the reason and the outcome being what it is?

JOEY JACKSON, CNN LEGAL ANALYST: So, Erin, it's always important to know why police responded because it informs their judgment, right? When police are heading to an event, you want to know what they know. Do they hear shots fire, do they hear that there's a drug transaction, do they hear that there's a domestic dispute, do they hear that something else is happening, because that obviously gets them in a state of alertness and readiness.

[19:10:04]

But when you hear an instance like this, OK, they're coming to break up a dispute, how does it go so bad and how does it go bad so quickly. And so when they're going, they're not there because there's a determination that there's a gun on the scene or anything else.

Now, I'm not suggesting that police work is not dangerous, it is.

BURNETT: OK.

JACKSON: I'm (inaudible) that police are not out there doing what they need to do (inaudible) I see we're going to the press.

BURNETT: We are. OK. Absolutely. All right. So Joey, stay with me. Here's Josh Kaul, the Attorney General for Wisconsin, let's listen in to this live presser.

JOSH KAUL, WISCONSIN ATTORNEY GENERAL: ... first, I'm going to be providing an update on the status of investigation into an officer involved shooting incident that took place in Kenosha on Sunday evening. And then secondly, I'm also going to comment on some recent events that have taken place in Kenosha.

So first, we're going to be providing some updated information about some of the basic facts that have been learned so far in the investigation. We are able to do that at this point, because this is an ongoing investigation. And some of the interviews of material witnesses have now been conducted.

So we now feel comfortable consistent with the investigation to release this information. We've sent out a press release that contains the details, but the basic facts that we can report at this time are these. That on the evening of Sunday, August 23, 2020, Kenosha Police Department officers were dispatched to a residence in the 2800 block of 40th Street after a female caller reported that her boyfriend was present and was not supposed to be on the premises.

During the incident, officers attempted to arrest Jacob S. Blake, age 29. Law enforcement deployed a taser to attempt to stop Mr. Blake, but the taser was not successful in stopping him. Mr. Blake walked around his vehicle, opened the driver's side door, and leaned forward. While holding onto Mr. Blake's shirt, Officer Rusten Sheskey fired his service weapon seven times. Officer Sheskey fired the weapon into Mr. Blake's back. No other officer fired their weapon. Kenosha Police Department does not have body cameras and therefore the officers were not wearing body cameras.

The shooting officer, Kenosha Police Officer Rusten Sheskey, has been a law enforcement officer with the Kenosha Police Department for seven years.

During the investigation following the initial incident, Mr. Blake admitted that he had a knife in his possession. And DCI agents, that's the Division of Criminal Investigation, recovered a knife from the driver's side floorboard of Mr. Blake's vehicle. A search of the vehicle located no additional weapons.

Law enforcement immediately provided medical aid to Mr. Blake. And Flight for Life transported him to Froedtert Hospital in Milwaukee. Mr. Blake remains at the hospital.

Division of Criminal Investigation at the Wisconsin Department of Justice is leading this investigation and it's being assisted by the Federal Bureau of Investigation, the Wisconsin State Patrol and Kenosha County Sheriff's Office. All involved law enforcement are fully cooperating with DCI during this investigation. And the involved officers have been placed on administrative leave.

As I said, this is an ongoing investigation. So that is the extent of the information regarding the facts of this case that we can share at this point. There have been interviews conducted of material witnesses, but the investigation remains ongoing.

Under Wisconsin law, in cases in which a person dies in a case in which an officer fired their weapon, the law requires that an independent investigative agency be brought in to conduct the investigation. But in many other cases, the Wisconsin Department of Justice is brought in to conduct an independent investigation as well and that is what is happening in this case.

Our agency is the independent investigating agency. Our job is to gather the evidence as completely and thoroughly as possible and provide that evidence to the district attorney's office. I'm joined today by among others, DA Michael Graveley.

Their office then makes the determination about whether charges are filed. So that's the information I can provide right now about this case.

I also want to comment on the events yesterday evening in Kenosha. What happened yesterday night in Kenosha was despicable. Two people were shot and killed and a third person was shot and seriously injured.

[19:14:55]

One of the things that we have seen in the last few nights is that there are a number of people certainly some and quite possibly many of the people who've been involved in destructive activity or violent activity, who are not from the city of Kenosha, and in some cases, not from the State of Wisconsin.

This community has been through some extremely traumatic events in the last few days. The people of this community deserve to have the opportunity to grieve. They deserve to have the opportunity to come together, to protest peacefully, to call for the change that they would like to see. And ultimately, to work to heal this community.

People who are coming to the community to commit arson or violence, first of all, if they think they are serving some agenda, they are wrong. All they are doing is creating chaos. The people who have been impacted, in particular the people of Kenosha are the ones who should be leading the way as people protest, peacefully.

It is vital that we work to unify people. There has been a lot of division recently. It's easy for politicians to stoke division. But what we need to do is to come together as we work to strengthen our criminal justice system, as we work to call for justice in the system and as we work to heal our communities.

So with that, I'm going to turn it over to the District Attorney Graveley.

MICHAEL GRAVELEY, KENOSHA COUNTY DISTRICT ATTORNEY: Thank you, everybody. So these are as difficult times as I've seen in Kenosha in more than 30 years I've resided in this community and it is a moment, certainly in our history, that brings up some of the greatest issues of our time, in this moment of history.

I have been so proud as so many have of the moment of history we're in so many ways that there's been voices that have not always been enfranchised, who have had a chance to speak with new clarity and passion over the last several months. And that has been, I think, inspirational to many people and including those who are asking and demanding reform in the criminal justice system.

And it is a moment here in Kenosha today, where all grieve for Jacob Blake and hope for his recovery. We grieve for his family. You didn't have to do more than see his mother and father, express parents' rage and grief at the moment. That they are in an emotional moment and thinking about the way that we think about our children and that we want them safe and we think all the best of them in terms of the kind of things that were said at the press conferences by the family.

We have a community today that is literally on fire, set on fire by the deep divisions that have been fueled by a number of forces that are brought to bear in this case, right? Systemic racism with its insidious history in Kenosha and throughout the country is certainly a part of all the big issues that are being considered. Modern policing and the tremendous difficulties and challenges ahead

to think about how to police in an ever changing society and community with different expectations and concerns about how society's forces have affected our ability to police and our ability to police in a new and modern way.

And then a world of social media that has clearly emphasized immediate action over any ability to be calm or deliberate when making the most important decisions in life, and has emphasized quick decision making immediacy and emotional impact, instead of thinking about making accurate decisions and prioritizing that above all else.

And so those forces are at work and anybody who doesn't agree that those forces are at work, of course, is not really seeing this moment as we are here today in front of all of you.

All of that said, I want to say that I endorse and applaud all of the methods of peaceful protest, both about this case and about those bigger issues that we've discussed. I think it is gratifying to see folks like the Milwaukee Bucks for instance, say that what they know about this case and the bigger issues it reflects are things that they felt so strongly about that they decided to make a dramatic statement in terms of boycotting play.

[19:20:07]

Those kind of things are important and they add to the debate.

And the only thing I ask is that we understand that the destruction of property and that the violence that is too often occurred in this community over the last couple days does a disservice to this moment in history and does a dramatic disservice to an ability for there to be a profound and complicated and absolutely necessary conversation.

OK. Now, I've said all that and I've tried to talk in broad strokes. But I need to let you know specifically what the role of a prosecutor is in this particular moment in reviewing this case. So the statute in Wisconsin demands quite appropriately that an independent investigative agency do all of the investigative work in this case.

And so, the individuals who are involved directly, who fired the shot, that particular police officers, the Kenosha Police Department officer. So the department that is investigating, as you know, is through the Department of Justice here in Wisconsin. So that is an agency that has no direct connection to the Kenosha Police Department and they are conducting that investigation in full.

When they complete that investigation, it's turned over, again, by statute, by law, to the local district attorney's office, and that will be our office. And we have, by law, a very narrow task in the enormity of the big issues I talked about. We are asked to review that independently garnered evidence and we are asked are there any crimes that a police officer is committed that can be proven to a jury beyond a reasonable doubt.

So I need to let you know now in the community know that is the only question that the Kenosha District Attorney's Office will answer. All of the bigger issues that are so important will not be issues that will be absolute, that will not be definitively decided by Kenosha's District Attorney's Office.

We will only decide whether any Kenosha police officer is going to be charged with a crime and that can only occur if we believe that that crime can be proven beyond reasonable doubt. So I hope that the public and expect and want the public to get that the best possible decision in that regard. And I believe the public deserves a decision that is based on reason and that is based on the most full and most accurate information can be obtained.

And so I hope all those who witnessed the events that we have seen on video, all of those persons present, who have information, I hope they fully cooperate in this investigation, because that's the path to the truth. That's the path to real decision making being able to occur in this case. And I asked for as much patience as our times allow.

Because again, if we value accuracy and we value real decision making over a quick decision made in the most emotional moment, then we have to facilitate a full and complete investigation. And I know that the Department of Criminal Investigation, DCI, is doing all they can to accomplish that.

And I want to be sure that the public has the maximum ability to be confident of this decision and I've called on the U.S. Attorney's Office to conduct a parallel investigation. I've asked them to do the civil rights investigation that by law they are allowed to do and can do. I'm hoping it will happen at the same time.

That gives the community a chance to heal quicker, because independent prosecuting agencies, the U.S. Attorney's Office and the DA's office can both make independent decisions about whether crimes can be charged either in federal court or in state court. That means we don't have multiple decision points where there are new opportunities for people to be disappointed or enraged or for there to be unrest that is about decisions that are being made.

So I'm hoping our community can heal and I'm calling on the U.S. Attorney's Office to do that. I want to thank the U.S. Attorney Matt Krueger and his office for being a partner in this case, in the sense of providing assistance at each time in terms of federal authorities, being there for the Kenosha District Attorney's Office specifically.

[19:25:00]

And certainly, Attorney General Josh Kaul and the DCI agency have been complete in their use of resources and their ability to assist our local community. So I thank you all for being here. These are difficult times and these are difficult and momentous decisions. We're going to do the best job we possibly can and we asked for your patience for the best investigation to also take place. Thank you.

KAUL: We are joined today by some community leaders and two of them are going to be speaking to you. So first, Anthony Davis. ANTHONY DAVIS, PRESIDENT OF THE NAACP KENOSHA: Good evening. My name

is Anthony Davis, local President of the NAACP here in Kenosha and also a member of the Wisconsin State Conference where we're being led by Wendell J. Harris.

First of all, I like to give my thoughts and prayers to the family of Jacob Blake. They're going through a difficult time. And as it has said, you have to give a family time to deal with these situations.

We know a lot of folks are trying to get to them each and every day. But in these times give them some time to heal. We know that this incident came to Kenosha unexpectedly and I just want to say Kenosha is not a place where we see things like this every day. We need to come together.

And I appreciate the State DA Josh Kaul and our local DA here in Kenosha, coming to us and try to share what they can at this time. The process we know is not going to be one that's going to be quick, but we know that we are part of the process here.

And we asked, number one, have some patience. We also want everyone to understand we have to find a way to de-escalate what has been happening around here in our city. As I said, we are in the process of trying to mourn through this but the path that has been taken by some individuals has not been appreciated.

Let us have our say as a community, let us be patient and above all let us keep God in the process. Thank you.

KAUL: All right. Next up we have James Hall ...

BURNETT: All right. We are monitoring this press conference in Kenosha, Wisconsin. Our Omar Jimenez is there. They're going to take questions in just a few moments. So we're going to be monitoring that. The Attorney General was speaking, of course, the District Attorney and the head of the Wisconsin NAACP.

Joey Jackson back with me. So Joey, when you hear them speak, what do you hear most prominently?

JACKSON: Well, there's two things. The first thing is I have to say that I'm a little disappointed in the process. Let me explain why. What I'm hearing is that there's an independent investigation by the state. As a result of the law, the state agency comes in and they do the investigation.

Thereafter, it is then submitted, it being the findings to the local District Attorney. Understand what that means. You have a local district attorney who's depending upon officers to build cases and other cases, who's depending upon officers to work with them collaboratively for the safety of the community. And that same local district attorney has to make an assessment as to whether prosecute officers. That's a bit troubling to me.

And it's troubling because unless you have a process wherein everything is independent, not only the investigation, but a determination as to the prosecution and whether it should occur ...

BURNETT: Yes, OK.

JACKSON: ... it's very difficult in that regard. The next thing, Erin, briefly is that you talk about a district attorney who's saying the only thing I'm here for us to make an assessment as to whether we can prove a case beyond the reasonable doubt.

[19:30:05]

That's a jury determination. So, I just wonder, you know, hey, listen, whether or not in these cases, for example, it's put before a grand jury. They indict. Let a jury of 12 decide.

But when a district attorney unilaterally makes an assessment, and I get it, prosecutors have to decide whether they can prove the case, but that's very discretionary to me. And so, I think, ultimately, when there's a question of fact, when there was a question, was there a knife, was there not a knife, this case that doesn't appear to me to be a close question. When someone gets shot in the back seven times, there's nothing close about that.

And so, I just wonder whether this process will allow itself --

BURNETT: Joey, let me ask you a couple of things because there's a lot we learned but a lot we still don't know. We know the police get a call, dispatch gets a call from a woman who says that her ex-boyfriend is there and he's not allowed to be there, presumably some sort of restraining order or something maybe. And so, they go.

And then there's Jacob Blake there. His attorney said he was at an 8- year-old's birthday party. But now, we're hearing that the woman says she had a restraining order or something, presumably. There's kids in the back of the car.

There seems to be a lot we still do not know, even though they say they're telling us a lot. I still am confused.

JACKSON: Well, this is true. It's not unusual that there are going to be disputed facts. Was there a birthday party or not? Was there domestic violence or was there not?

What I'm looking for is what's informing an officer's judgment such that they come to the scene and they believe they have to pull out their weapon. There's a scuffle, we see that. But, tactically, strategically, could you have done something else such that he didn't have to get to the car that you have the shooting in the first instance.

Why is the gun drawn, and what's the immediacy of firing the weapon as many times as you did or at all? So, notwithstanding the front story, the back story, what I'm looking at is a video, which is telling to me this didn't need to happen, it did happen --

(CROSSTALK) BURNETT: So, let me ask you, so, what we learned now is he admits he has a gun. We know from Raysean White, who filmed it, they were screaming to drop the knife -- I'm sorry. He said he had a knife. They're screaming at him to drop it.

So, he goes to the front of the car, he leans into it. But at this point, from their own words, they thought the knife was on him and it wasn't. So, they, therefore, did not know it was -- it was on the front floorboard of the car where maybe he was reaching for it or maybe he wasn't. That's what we know as to why he's leaning in. And then seven shots go into his back.

Is there anything in that scenario that would justify in any way what Officer Rusten Sheskey did?

JACKSON: Yeah. Well, I say no, but beyond that, Erin, I don't think we even know that. What we don't know in terms of was there a knife. I think there will be forensic testing. Where did the knife come from? Were his fingerprints on it? You know, that is Mr. Blake's fingerprints on it.

Was the officer in a position if there were a knife to make the observation? Even if there was a knife, did he turn or act vertically toward the officer so the officer can be justified in discharging his firearms --

BURNETT: Seven times.

JACKSON: Yeah, seven times. We can't presume the fact that there's a knife, I'm not talking about conspiracy theories. I'm talk about evidence. Where did the knife come from? And to the extent that the knife was being picked up, was he picking up the knife? Did the officer observe that? And even if there was a knife there, what if anything was he doing with it such that the officer felt he had an immediacy to a threat respond in a deadly way, the proportionality of it, the seven shots is off, the reasonability of the conduct is off. So, I'm concerned about all those things if I'm a prosecutor moving forward.

BURNETT: All right. Joey, thank you for laying all this out. As I said, if they take questions, our Omar Jimenez is there, we're going tell you what we find out.

We are less than half an hour away from curfew in Kenosha as all this information just comes out, this information or lack thereof, with all the questions that you have, and this now just 27 minutes away from the curfew beginning. So, we're continuing to monitor this.

Joey, I thank you.

We have breaking news as well with the life threatening hurricane. This is a stunning hurricane. It's a monster category 4. It will be the strongest storm to ever strike Louisiana. We're talking about wind gusts of 175-miles-an-hour.

Plus, more breaking news, NBA players taking a historic stand tonight. All three playoff games scheduled for this evening are called off this because of Mr. Blake in Kenosha, Wisconsin. Bob Costas is OUTFRONT.

(COMMERCIAL BREAK)

[19:38:48]

BURNETT: Breaking news, Kenny Smith of TNT's "Inside the NBA", a former NBA player, walking off set just moments ago in support of the NBA player's boycott. That boycott resulting in the NBA postponing all three of tonight's scheduled playoff games.

(BEGIN VIDEO CLIP)

KENNY SMITH, SPORTS COMMENTATOR, TNT'S INSIDE THE NBA: For me, I think the biggest thing now as a black man, as a former player, I think it's best for me to support the players and just not be here tonight. And figure out what happens after that. I just don't feel equipped to do it.

UNIDENTIFIED MALE: I respect that.

(END VIDEO CLIP)

BURNETT: OK, OUTFRONT now, Bob Costas, hall of fame broadcaster, our contributor, host and announcer for the MLB network.

And you know all four of those gentlemen on the set very well. All of them.

BOB COSTAS, CNN CONTRIBUTOR: I do.

BURNETT: Obviously, you can imagine Charles and Shaq out there, the WNBA now announcing moments ago they're not going to play the games they had scheduled tonight in support of the NBA boycott.

[19:40:06]

I mean, as you sit here, Bob, you've been covering the sports world for your entire career, have you ever seen anything like this?

COSTAS: No, not exactly. Obviously players have walked out or refused to play. They were on strike over labor issues. Tommie Smith and John Carlos had been referenced several times over the last several hours on CNN, the 1968 Mexico City Olympics with the clinched fist salute. Muhammad Ali not on the team sport, we know about what he did, and what he sacrificed. Colin Kaepernick and others kneeling.

But as far as not playing in a team sport over a social issue, I have not seen this, and I've been following this for a very, very long time. And now, it's coming from all directions. The NBA, which generally speaking has been for many years the most progressive, and I mean that in the best sense of the term, the most progressive of all the leagues and generally speaking has the most cooperative, respectful and trusting relationship from the commissioner's office to its players of any of the four major team sports, the NBA is in full support of this.

They're not just coping with it. They're showing that they're in support and understanding.

Meanwhile, in baseball, which has fewer African-American players than either the NFL or the NBA, the Milwaukee Brewers, in effect in solidarity with the Milwaukee Bucks since they will be the baseball team of Kenosha, Wisconsin, they postponed their game tonight against the Cincinnati Reds.

The WNBA had four games scheduled for tonight in their playoffs. They're doing a very interesting thing. At the 7 minute mark of each quarter, whoever has the ball is going to put the ball on the floor and take a 24-second violation. And the other team will do the same so that there's no competitive advantage.

The 7-minute mark because of the 7 -- which is generally what we think, it might be 8 -- but the 7 bullets that wound up in Mr. Blake's back.

BURNETT: I mean, it is incredible when you see this solidarity. The head coach of the L.A. Clippers out in California where you are had an emotional press conference. There was just a moment that I thought was really powerful as he tried to take away from the politicization and simplification of the words "defund the police" and talk about what he meant and how -- and how he felt. Let me just play it.

COSTAS: Uh-huh.

(BEGIN VIDEO CLIP)

DOC RIVERS, LOS ANGELES CLIPPERS HEAD COACH: We protest, and they send riot guards, right? They send people in riot outfits. They go to Michigan with guns and they're spitting on cops and nothing happens.

My dad was a cop. I believe in good cops. We're not trying to defund the police and take all their money away. We're trying to get them to protect us, just like they protect everybody else.

(END VIDEO CLIP)

BURNETT: It was really a powerful and eloquent moment there from Mr. Rivers. Do you think this resonates with sports fans?

COSTAS: Yes, I do. And I think that some sports fans will resent it. And some of that resentment is on display in various ways, subtle and overt, this week coming from other directions, at the RNC. Some will resent it. Some will say, I'm not going to watch it anymore. I've had it up to here. They've had it with Colin Kaepernick. They've said it with the NBA bubble.

So, this will perhaps kick the resentment up a notch for some. But I think and I think Doc Rivers understands this, this is a seminal moment for a lot of reasons. Think of how diverse the protesters were in the aftermath of George Floyd's death. Think of the response now.

The Milwaukee brewers, most of the players on that team are not players of color. And the players of color with the Detroit Lions who are now with the Milwaukee Bucks and others in the NBA are joined by their white fellow teammates.

There's something afoot here that is different than what has preceded it. While I certainly understand Doc Rivers rivers' emotions, he is a universally respected man. He's a good man.

And as he said, were you -- someone was speaking to me. It was not you, Erin, I guess. I'm sorry.

Should I continue? I guess I should.

BURNETT: Finish your thought, please.

COSTAS: Doc Rivers -- Doc Rivers is a universally respected man, but I think he understands that regardless of some of the forces of resentment and resistance or worse, including what we saw in Kenosha over the past 24 hours with the shootings, there are millions upon millions of non-black people in the United States who stand with him and with his black brothers and sisters.

[19:45:08]

BURNETT: Bob, thank you very much.

COSTAS: Thank you, Erin.

BURNETT: You know, I want to go to Ben Jealous who is president of People for the American Way Foundation, former President and CEO of the NAACP.

A couple of crucial questions, Ben, for you.

First of all, how significant is this, you know, this moment? Stand by the WNBA, the NBA and these other teams.

BEN JEALOUS, PRESIDENT, PEOPLE FOR THE AMERICAN WAY FOUNDATION: Oh, this is huge. I mean, it's four years to the day since Colin Kaepernick started kneeling. While many may have wanted this solidarity earlier, it is -- it is right on time, and it is extremely powerful.

This is a moment when the president should be stepping up to heal the nation. And instead, he's been doubling down all week. And here we have a young man, this shooter, who was at a Trump rally. And then we have Trump at the rally --

(CROSSTALK)

BURNETT: His whole -- his social media was full of "blue lives matter". There isn't anybody who believes in the police who would believe in what this person had to do, what this person chose to do.

(CROSSTALK)

JEALOUS: I mean, my granddad was in law enforcement. My cousins are in law enforcement now. But this young man who was at the Trump rally, you took at the RNC this week, and Trump has the McCloskeys who brandished guns at BLM protesters on stage. We have a president who is stoking this.

So, to have the players step up in this moment in this way to shut things down, that leadership is leadership that our nation needs. We would expect it from the White House. We don't expect it from the players, but I'll take it from whatever corner we can get it from.

BURNETT: All right, Ben. I appreciate your time. Thank you very much.

As I mentioned, we do know that this man's -- this young man who committed -- who is accused of committing this, arrested, charged, his social media was full of blue lives matter. We have not confirmed he was at a Trump rally. But I just want to make that clear.

Next, breaking news, millions are Hurricane Laura's path and its expected 150-miles-per-hour winds. I want to speak to the man flying through this life threatening storm with winds of 175-miles-an-hour.

(COMMERCIAL BREAK)

[19:51:13]

BURNETT: Breaking news: a dangerous category 4 hurricane heading towards Gulf Coast. National Hurricane Center warning of an unsurvivable storm surge that would cause catastrophic damage. Hurricane Laura expected to make landfall just hours from now, right after midnight along the Texas, Louisiana coastline, sustained winds 150 miles an hour, gusts up to 175. Parts of Louisiana, including at least one major road way already under water, more than 1.5 million have been ordered to evacuation, 6 million under a hurricane warning and watch and 17 million Americans affected by this.

Jennifer Gray is at the CNN weather center.

And, Jennifer, I mean, we talk about unsurvivable. This is a storm the likes of which at least in known history, right, we've never seen anything like this on the Louisiana coast, right?

JENNIFER GRAY, AMS METEOROLOGIST: Absolutely, and you don't hear the National Weather Center, the weather service, use terms like that. We hear "life-threatening", but "unsurvivable" is one you do not hear from them.

So we've got to take this seriously. This could be the strongest storm to make landfall in Louisiana. It did strengthen within the last hour. Hurricane hunters found winds of 150 miles per hour. That is up from last hour and has gusts of 175 as you mentioned.

It has finally made more of that northerly turn that we've been waiting on all day, so it's now following that track and it looks more and more likely like it is going to make landfall along the southwest Louisiana coast. This is a very vulnerable area. South Louisiana is made a lot of bayous and marshes. And so, it's low lying. So, it will be very easy for that water to get all the way up to I-10 which goes through Lake Charles and we've been looking at a couple of models and it does seem that the water is going to get so high that we could likely see half or more of Lake Charles under water. And so we're already starting to get those outer bands on shore.

That's going to continue. The winds are already starting to be felt. Tropical storm force winds already on shore in south Louisiana and so it's only going to get worse as the night goes on.

We're already seeing three and four feet of storm surge along the south Louisiana coast and that storm surge threat 15 to 20 feet along Cameron Parish in southwest, Louisiana and what that means, all of these areas shaded in red, the water is going to go that far inland and maybe even more so.

You can see I-10 right there splitting through Lake Charles. That's where we're going to see that storm surge come in and then as we mentioned, the storm taking that track is still going to be a very significant storm well inland north Louisiana and points to the north and east beyond that need to be on the lookout, as well.

BURNETT: All right. Jennifer, thank you very much.

I want to go now to the mayor of Lake Charles, Louisiana, Nic Hunter.

Jennifer Gray going through the catastrophic situation, you're facing now, Mayor. Unsurvivable as she said, a word that they just don't use. They use life-threatening. They don't use the word "unsurvivable". The worst hurricane, known hurricane now to ever strike the coast of Louisiana right where you are.

How concerned are you for your city?

MAYOR NIC HUNTER, LAKE CHARLES, LA: We're very concerned. We're very concerned about our city. We're concerned about our citizens. Obviously, we've issued a mandatory evacuation and we've done everything humanly possible to get people out of Lake Charles, out of southwest Louisiana for those who didn't have the financial means to do it, we've provided transportation options but we are very concerned about our city.

BURNETT: So where are you riding this out, Mayor?

HUNTER: I am hunkered down very safely at a location in downtown Lake Charles.

BURNETT: All right. So what do you say to anyone that's left in Lake Charles as they say unsurvivable? Obviously, you won't be able to have first responders go anywhere to help anyone for quite sometime, right?

[19:55:04]

HUNTER: Absolutely. And that's the very unfortunate thing for people that may have stayed.

Very soon it's going to get to a point where our public safety cannot respond to calls and so there is going to be a window there where the desire will absolutely be there from our public safety and law enforcement to respond to calls but they just can't do it. BURNETT: So part of what is so stunning about this storm and its power

is how quickly it's intensified, right? We just see it happening quickly hour after hour. Is that something that worries you in terms of people, in terms of how they responded, right? A day ago there were warnings this would be bad, but just literally in the past few hours, the past hour, we start to hear that it's going to be so much worse. There wasn't, though, a lot of warning.

HUNTER: Well, let me say this. We locally, local officials have not minced words. As soon as that mandatory evacuation came out, we made the point crystal clear to people that they needed to get out of Lake Charles and out of the Calcasieu Parish.

So I am hoping that enough people did that. We are concerned that there are some -- there is only so much you can do and so much messages can you offer.

BURNETT: Yeah. All right. Look, I know you're hunkered down somewhere you've been assured is safe. We're hope you're safe and everyone in Lake Charles gotten out of the path of this storm. I appreciate your time and our thoughts are with you tonight and everyone there.

I want to go to someone who has been tracking this as we see it intensifying moment by moment. This is why because of people like Lieutenant Commander Kevin Duramos who is in the storm joins me on the phone, hurricane hunter, currently on board.

Anyway, it's WP3d Orion, the hurricane hunter.

Commander Doremus, look, you know, we've just talked about how this is going to be the strongest storm ever to strike the coast of Louisiana at least known storm. I know you made your first pass through the eye of the storm. What are you seeing?

LT. COMMANDER KEVIN DOREMUS, NOAA CORPS, FLYING OVER HURRICANE (via telephone): Yes, it's a very, very powerful storm. We've been following the storm for a long time since it was in the middle of the Atlantic. We are -- this is our last flight and it is definitely gotten it act together very well-organized and very, very strong winds.

We're just making sure the guidance from the local emergency managers and all or most of the information can be found on hurricane.gov, by the Hurricane Center, a lot of great information. Everybody on the ground knows what is going on with this very dangerous storm.

BURNETT: Commander, I talked to you during storms. You know what you're doing, right? This is what you do. But this is a storm, right, in terms of the intensification, in terms of the speed, in terms of unsurvivable. What do you see in this storm that is different than some other storms when you think of its power?

DOREMUS: Yeah, this storm brings back a lot of memories to Michael where again, these storms get over these really, really warm Gulf waters and suck the energy out of the ocean and turns these storms into really, really powerful weather phenomenon. So, there is a lot of rain. We made our first pass through the northeast quadrants of the storm. We're on the northbound turn now a little more than ten minutes from making the third pass through the storm.

But yeah, just these gulf storms can be very, very dangerous. There is so much energy stored in the Gulf there and they suck it up and can turn into really, really powerful storms. We hope everybody on the ground that may be impacted by this stay safe.

BURNETT: We hear it's unsurvivable. Obviously, National Oceanic Administration -- Atmospheric Administration, NOAA, they have weather satellites, right? You fly into this to gather information you can't even get from satellite.

Tell us what you're learning that we don't get any other way.

DOREMUS: Yeah, we're a flying weather laboratory. We have numerous different sensors on board. Two of the most important ones measure wind speed of the surface and that's something satellite can't do very well. We have little, they call dropsonde or these tubes that we launch out of the both come of the aircraft into the storm. There is a parachute that falls through the different layers of the storm, all the way down the surface, and sends back temperature, pressure, humidity, dew point and GPS wind speed.

And we also have equipment that hangs off the left wing called the smurf (ph). It also measures wind speed at the surface so a combination of that and numerous other weather sources on the aircraft, we're gathering all the things you cannot get by satellite.

BURNETT: Commander Doremus, appreciate your time. Thank you very much. And we all thank you for what you do. Please stay safe up there just passing through that eye.

Thanks to all of you for joining us as our coverage of that breaking story. And our special coverage of the Republican National Convention continues now.