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Loretta Lynch Vote Draws Near; U.S. Warships Headed to Gulf of Aden; Robert Bates Pleads Not Guilty, Heads to Bahamas; Sentencing Phase Begins for Tsarnaev; Blue Bell Creameries Pulls Products. Aired 11-11:30a ET

Aired April 21, 2015 - 11:00   ET

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

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[11:00:10] JOHN BERMAN, CNN ANCHOR: Are U.S. warships heading for a potential face-off with Iran ? The possibility of confrontation in one of the most dangerous places on earth.

KATE BOLDUAN, CNN ANCHOR: Life in prison or put to death? Opening statements today in the penalty phase of the Boston bombing trial. Survivors of the attack are split on the fate of the bomber. How do their wishes impact the jury?

BERMAN: The Baltimore police say they are not hiding anything, but not everyone is buying that. Anger after the death of a young man in police custody. This morning we have new video of his arrest and there are new questions.

Good morning, everyone. I'm John Berman.

BOLDUAN: I'm Kate Bolduan. And AT THIS HOUR it looks like the longest holdup of an Attorney General nominee since Ronald Reagan was president is about to end.

BERMAN: Yes, CNN has just learned that lawmakers have reached a deal, a compromise, on a controversial piece of legislation that had basically put the confirmation process for Loretta Lynch in limbo for five months.

So let's go straightway to Athena Jones on Capitol Hill for details on this compromised deal. Athena?

ATHENA JONES, CNN CORRESPONDENT: Good morning, guys. That's right. This is the bipartisan breakthrough that many people here on Capitol Hill and many people outside of Capitol Hill have been waiting for. It will allow movement toward the confirmation vote for Loretta Lynch, who was nominated 165 days ago.

We're told by leadership aides from both parties that a vote on her could come now as soon as Thursday. Of course, anything can happen here on Capitol Hill, but right now they've reached a deal that would resolve the issue that Democrats had with this human trafficking bill. That bill has to be passed, had to be passed, before moving onto the Lynch confirmation vote. That was a parameter laid out by Senate majority leader Mitch McConnell. Now there's a deal on that. And so that bill should be voted on in the next couple days so that they can move onto Lynch.

The deal deals with anti-abortion language that had been put into the bill by Republicans. It's language that Democrats had opposed and the deal does -- tweaks the language so the funding for victims compensation fund comes from two sources. It comes from both the criminal perpetrators, the victimizers of the victims, and also money from the Community Health Center Fund, which is money appropriated by Congress. And so that money, the money appropriated by Congress, will be subject to restrictions that will mean that the victims cannot use that money to pay for abortions.

But bottom line is that it does not expand those so-called hide restrictions on abortions. That's what Democrats didn't want to see. That's what other groups like Planned Parenthood didn't want to see and that we've had groups like Planned Parenthood weigh in on this deal saying that they're happy with it because it doesn't expand those restrictions on abortions to non-taxpayer money. So it's a little complicated, but bottom line, it moves us one step closer to a vote on Lynch. Back to you guys.

BOLDUAN: So is everything on Capitol Hill these days, because remember -- Athena, you did a great job at it -- the Lynch nomination and this bill, this anti-human trafficking bill, they really have nothing to do with each other until members of Congress made them have to do with each other.

JONES: That's exactly right.

BOLDUAN: That I think needs to be emphasized. Thanks, Athena.

BERMAN: All right, the other big news we're watching AT THIS HOUR, U.S. warships poised for a possible confrontation with Iran . The Pentagon has sent the aircraft carrier USS Theodore Roosevelt, with a guided missile cruiser, USS Normandy, to the coast of Yemen in what we are told is a watchful show of force. They join other American warships in the area. And while it is not the goal, the U.S. is prepared to intercept and board Iranian ships trying to deliver weapons to anti-government rebels in Yemen.

BOLDUAN: Defense officials say that the Roosevelt has been tracking Iranian ships headed for Yemen for the last several days. This of course is all happening as the United States, Iran, and other world leaders are set to resume nuclear talks tomorrow.

Chief national security correspondent Jim Sciutto is in Washington with much more on this. So this sure sounds like a situation that could escalate very quickly with a lot of dominos that could fall, Jim.

JIM SCIUTTO, CNN CHIEF NATIONAL SECURITY CORRESPONDENT: Well, John and Kate, the truth is a U.S. boarding of a Iranian vessel off of Yemen would be an extraordinary step. It's really, frankly, unlikely at this point. That said, I think the way John phrased it and the way the Pentagon has been phrasing it, that it's a watchful show of force.

You have now nine U.S. warships off the coast of Yemen. Part of their mission, frankly, is because Yemen is deteriorating so badly, it gives president counterterror options there, military options in Yemen. Remember, we took our special forces out of there a couple weeks ago. But this Iranian convoy of nine ships nearing the coast is part of that mission. They're concerned there may be weapons onboard headed to the Houthi rebels. They don't know it. They're concerned there may be. And they're watching.

Now, to be honest, the idea that you would have a Navy ship cut off one of those Iranian ships and hop onboard would be such an extraordinary step, particularly in light of the nuclear negotiations under way, that it is more at this point about the presence, about the physical presence, the show of force.

[11:05:08] And also something to keep in mind, even if those weapons were to get onshore, there would be other options to take care of them, as it were, after they were already onshore.

So, listen, it's a tense situation. You have a number of U.S. and Iranian warships as well as U.S. coalition partner ships there. The Egyptians, the Saudis, UAE, in close proximity. One of the reasons they're there is because of the Iranian ships. But to take that step of boarding them would be truly extraordinary. So right now it's more about watching and waiting and looking and keeping those options open. John and Kate?

BERMAN: Not there yet. But within that close proximity and a very tense situation. It's a combination that is worth watching. Jim Sciutto, thanks so much.

BOLDUAN: After pleading not guilty just minutes ago in a Tulsa courtroom, the judge has released the reserve deputy, Robert Bates, allowing him to head to the Bahamas now for a family vacation.

BERMAN: Bates is facing second-degree manslaughter charges for the shooting death of Eric Harris who was unarmed. The deputy shot when he says he mistakenly used his gun instead of his taser.

Our Ed Lavandera is in Tulsa with the latest on this. Ed, what can you tell us about the judge letting this man now go to the Bahamas?

ED LAVANDERA, CNN CORRESPONDENT: Well, the attorney for Robert Bates says that this was a long planned family vacation to the Bahamas. They have a house in Florida and they were going to take a boat over to the Bahamas, that this was something that they had planned, in the works for quite some time. So the judge taking that into account. Said had no problem with it.

Prosecutors also said they had no problem with it. They said that was an issue between Mr. Bates and his bondsman and apparently things are fine there. So it sounds like that vacation will be allowed go ahead. Mr. Bates pleaded not guilty to the charges of second degree manslaughter.

You know, I should point out too, it's interesting; the sheriff here in Tulsa County yesterday was asked about trips that he had taken with Mr. Bates on -- as vacations. And one of the places they had gone to, according to the sheriff, was the Bahamas. So that will kind of apparently slow things down here a little bit. Mr. Bates is not scheduled to appear again in court until the middle of the summer, on July 2nd. John.

BERMAN: Ed Lavandera for us. That story continues. Thanks for watching it for us, Ed.

Happening now in Boston, the same jurors who convicted Tsarnaev for the Boston Marathon bombings are now hearing arguments in the sentencing phase. The prosecution making its case as we speak. These jurors will decide if Tsarnaev will face the death penalty or face life in prison without the possibility of parole.

BOLDUAN: A new CNN/ORC poll shows that 53 percent of Americans want Tsarnaev to be put to death while 45 percent of Americans said that he should spend the rest of his life in prison.

Now, since the guilty verdict came in last week, victims and their families, they've been speaking out about what they think should happen to Tsarnaev, sometimes in really heart wrenching detail about what they've been through, through this trial. And it appears that these victims and their families, they're split on whether he should live or die.

Here is what one Boston city official told CNN. His view.

(BEGIN VIDEO CLIP)

STEPHEN J. MURPHY, CITY COUNCIL PRESIDENT ON DAY OF BOMBING: I would like to pull the switch myself because I believe he's guilty and probably he should forfeit his life. But I think that feeds right into their warped sense of what they believe is important.

(END VIDEO CLIP)

BERMAN: Deb Feyerick in Boston for us monitoring this phase of the trial. The prosecution as we speak, Deb, laying out its case in this sentencing phase. What are they saying?

DEB FEYERICK, CNN CORRESPONDENT: Well, the prosecutor Nadine Pellegrini giving a very impassioned opening statement in this trial. And the jury is looking at four large photographs of the smiling faces of the victims that Dzhokhar Tsarnaev has been found guilty of killing. She describes Tsarnaev, saying he was determined to be America's nightmare. She said he was unrepentant, uncaring, and untouched by the havoc and sorrow that he has created.

And as the jury looks out at those faces, she says you need to know why these lives matter. And she is talking about personal details about the family, and she says you're going to hear a lot about Dzhokhar's older brother Tamerlan but she points out it was Dzhokhar who stood behind this family of children. He stood there alone. He dropped the backpack alone. He walked away alone. He bought the gun alone.

So she's really laying out specifics as to why this case meets every single criteria as to why Dzhokhar Tsarnaev should get the death penalty. The jury listening very, very closely. She says that Dzhokhar Tsarnaev turned the marathon into something cruel and ugly to suit his own political purposes. She's really hammering away at the jury so they understand that the lives that were taken, it wasn't random, it was premeditated, it was intentional, and it was done by none other than Dzhokhar Tsarnaev as well as his brother. John?

[11:10:07] BOLDUAN: How long is the part of the - how long is the penalty phase going to last, Deb?

FEYERICK: Well, Kate, the prosecution is going to lay out its case this week so it's going to take this week and then the defense, Tsarnaev's defense, likely to take about three weeks, two to three weeks after that. So we should expect that the jury will be deliberating this case very much at the end of May. So not as long as the original guilt trial, but certainly as significant.

BOLDUAN: Absolutely. Deb Feyerick in Boston for us. Thanks so much, Deb.

BERMAN: Yes, this is where lawyering is going to really begin for the defense here. They basically waived everything in the actual trial phase, in the guilt phase, and now they've saved everything, they're really going to save for this phase. We'll see what they have to say.

Ahead for us AT THIS HOUR, a weaponized staring contest between the United States and Iran . Warships sent to the waters off Yemen to help stop Tehran from arming rebels.

BOLDUAN: They say they want to do the right thing 100 percent. So Blue Bell Creameries is now pulling 100 percent of its products off store shelves. A drastic and costly move. Why?

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BOLDUAN: American warships are on their way to waters off the coast of Yemen. An aircraft carrier and a guided missile cruiser deploying to the region in an effort to keep, as the Obama administration suspects, Iran from shipping weapons to rebel fighters in Yemen.

BERMAN: The U.S. Navy has been tracking Iranian ships headed into the Gulf of Aden, and those ships now, the U.S. ships, engaged in what we're told is a watchful show of force.

[11:15:03] They don't think it's likely but they are poised to board the Iranian vessels if they absolutely have to. That would be the extreme of this situation right now.

Let's bring in our military analyst, James Spider Marks, Retired Major General. Spider, thanks so much for being with us. You are an army guy. And I'm going to ask you about Navy operations here. -

JAMES SPIDER MARKS, RETIRED MAJOR GENERAL: I can do that.

BERMAN: -- What does a watchful show of force mean? What do those ships do right now as they're off the coast of Yemen with their eye on the Iranians?

SPIDER MARKS: Clearly what the Navy is doing is making sure that the sea lane of communications from the Red Sea through that very narrow gap between the Saudi Arabian peninsula and Horn of Africa stays open. This is a lot of international traffic goes through there. So, I would say mission No. 1 is to make sure that thing doesn't become compromised in any way.

And then also, the Navy sends an incredibly, powerful message when it has this aircraft carrier battle group with a cruiser and a couple destroyers, right there and it sends a powerful message, look, we're going to monitor very, very aggressively. We're going to make sure that arms are not getting into Yemen. But, I would state emphatically the Navy is capable and is ready to board a ship, but it's not going to happen. That would be very provocative at this point.

KATE BOLDUAN, AT THIS HOUR: So then, what's it all about then, Spider? If the Navy doesn't want it to happen, they don't want to board the ship, you would assume Iran does not want a confrontation like this as well. Or maybe you do. You can correct me if you think I'm wrong. Then this whole--what is this-I'm going to be probably-not trying to belittle it-but what's the song and dance with a bunch of warships out in the Gulf of Aden?

SPIDER MARKS: Oh, it's an incredibly powerful move by the United States to make sure, no. 1, that the sea lanes stay open, no. 2, that external powers aren't going to continue to influence what's happening on the ground in Yemen. Yemen is a total mess. It's a collapse. Saudi Arabia has a vested interest in making sure that thing doesn't turn totally upside down and it's close to turning totally upside down.

So, the United States and some of our allies, some of our partners, are in the region, are going to sit there and there's going to be a bit of a dance, to your term, but it's a very precise dance. And it's known very, very clearly to both sides. There will be open communications among those various ships and the command ships saying, look, we're here to make sure that everything remains peaceful in this location. So, let's not be provocative. Let's both back off. But clearly, when you have warships that are confronting each other, some things can go sideways. But I got to tell you, they're exchanging communications. It will be open.

BERMAN: So, you think they're talking, just to be clear Spider. The U.S. ships and Iranian ships that may be in the area, they will have communications and if the United States doesn't want to board these ships to stop them, what's the U.S. do if an Iranian vessel makes a sharp move to the coast?

SPIDER MARKS: Well, absolutely. I think there will be open communications. You know, there're international communications that are always open, and so there are distress signals and things like that. So, COMS will be in effect. But, certainly, if Iranians understand the rules and the rules are established mutually. You know, international law is only in effect because it's consent based. All parties have to agree that, yes, we agree to these rules. So, the fact that the United States is there, and some of our friends are there and the Iranians are there, everybody has to consent to what the rules look like and if Iranians immediately break the rules, we're going to have a challenge and I think the United States will be very cautious, but they will be very strong and send a powerful message. Look, we're won't let this happen.

BOLDUAN: Yes ,I mean, Of course one of the broader goals, Spider, is to get Iran to stop sending what U.S. suspects is weapons and support of the Houthies that are taking over the government in Yemen. Do you think this act, this show of force, this watchful show of force, do you think that will accomplish that though? That end goal?

SPIDER MARKS: Yes, that's a great question because what's in place- what's (INAUDIBLE)--what's in place right now in Yemen, the Houthies demonstrated that they have the momentum. They can choose the time and place of their engagement. The only resistance is coming from the air. That's insufficient. It's necessary, but it's insufficient. And in order to stop this type of activity on the ground, I mean, you eventually have to have a force on the ground that is willing to engage the Houthies and shoot somebody in the face and stop this advancement. Because otherwise through the air, with the cadence of the air strikes that are in place right now, you're not going to achieve that. You can contain it, but you're won't achieve. An end state, which is a cease-fire, a separation of powers, reinstatement of the Hadi, the President, then a negotiated settlement of what this will look like going forward. Air power is insufficient to get that done.

[11:19:56] BERMAN: Yes, those ground assault would be a separate Arab force, which is a whole different matter at this point. General Spider Marks, great to have you here with us AT THIS HOUR. Please come back again very soon.

SPIDER MARK: Thank you John. Thanks Kate.

BERMAN: Alright. 20 minutes after the hour right now. A major ice cream maker takes every flavor, every quart, every pint of ice cream, frozen yogurt and even sherbet off the shelves. A giant recall due to major concerns about a deadly bacteria. We'll tell you what you need to look for in your freezer next.

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BERMAN: New this morning, a major food recall. Blue Bell Creameries is pulling all of its products off the shelves because of listeria concerns. All of them. Every bit of ice cream, frozen yogurt and sherbet. Health officials say three people have died. Five others have become ill from bacteria that may have come from the company's frozen treats.

BOLDUAN: This is the fourth food recall linked to listeria concerns this year. Martin Savidge joins us now with more on this. Martin, I mean, we all-we watch, everyone does with a very close eye, food recalls. It's normally gradual. It's normally one product, one product line in a brand. You don't normally see it so drastic like this pulling all of their products off the shelves. What more are you learning?

[11:24:35] MARTIN SAVIDGE, CNN CORRESPONDENT: Well, no question. I mean, this is a significant step that Blue Bell's made. This actually started towards, I guess, the end of last month when Blue Bell did put out a warning regarding a three ounce cup of ice cream, and then it, kind of, expanded from there the early part of this month and then now the total recall.

And the reason being is that they have done more testing and they found listeria, or traces of it, in products that were made in different places, in different plants, and that suggests, okay, it's more than just one facility. And so, out of a major reason to be safe, they just said pull it all. So, in theory, you should not be able to go to the store today and find any Blue Bell product. Any product whatsoever on any store shelf. And if you have it yourself, the company says you can return it to where you purchased it and get a full refund.

BOLDUAN: What's their plan? What do they do now? Do they have to bleach their facilities? I mean, this sounds like a huge cost coming out.

SAVIDGE: Yes, it does and it's coming right at the time when we move into what you would say peak ice cream season. What they're going to have to do is-

BERMAN: It's year round as far as I'm concerned.

BOLDUAN: This is the Berman household.

SAVIDGE: They're got to clean it all. They got to go into full safety mode. They're going to hold a lot of ice cream. They're going to test every bit of it. And if they find what they are holding isn't infected or impacted in any way, then eventually they'll release it. But, none of it is going to go back on the store shelves, the CEO says, until they have made absolutely sure that every one of their products are safe for the public to consume. And we should point out that Listeria has shown up and comes from other sources. One of the things that makes it particularly nasty is that it has a unique ability as a bacteria to grow in cold temperatures. And we're talking ice cream, of course.

BOLDUAN: There you go. Martin Savidge, great to see you Martin

SAVIDGE: Thank you.

[11:26:21] BOLDUAN: Thank you so much. Ahead at this hour, anger in Baltimore after the still unexplained death of Freddie Gray. He suffered fatal injuries while in police custody. How he suffered those injuries, though, that is still a mystery. New video of that arrest now and also new questions.

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