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The Lead with Jake Tapper

Battling ISIS; NFL Controversy; Tale of the Tape: What Did the NFL Know?; Worst Congress in Your Lifetime?

Aired September 09, 2014 - 16:00   ET

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

JAKE TAPPER, CNN HOST: The nation's top political leaders are all in one room at the White House right now. Can they put together -- can they put their differences aside and come together to agree on a strategy to fight ISIS?

I'm Jake Tapper in New York today. And this is THE LEAD.

The world lead. Will the president ask Congress for authorization to attack ISIS? Does he even need to a day before the president is set to finally reveal his strategy on ISIS in prime time?

The sports lead. One of the few people defending Ray Rice is the woman that he so brutally assaulted on video. Harvey Levin, whose Web site TMZ released that video for all to see, joins us with claims that the NFL never even asked to see the shocking tape.

And the money lead. It's the yearly celebration of your current phone's obsolescence. But forget the new iPhones. Apple has something even buzzier up its sleeve.

Good afternoon. Welcome to THE LEAD. I'm Jake Tapper.

We are going to begin with the world lead. Top two Democrats and the top two Republicans in Congress are at the White House right now meeting with President Obama and Vice President Joe Biden. As we speak, it is fewer than 30 hours before the president comes in to your living rooms in prime time to finally reveal his strategy to -- quote -- "degrade and ultimately destroy" ISIS, the Islamist terrorist organization that has brutally overtaken huge swathes of Iraq and Syria.

Earlier today, House Speaker John Boehner said he's just as curious to hear the president's message as you might be.

(BEGIN VIDEO CLIP)

REP. JOHN BOEHNER (R-OH), SPEAKER OF THE HOUSE: We have a very serious problem. What we need is a strategy. And until there is a strategy, there is no reason to talk about any of the specifics, because I don't know how they fit into the broader strategy.

So I'm hopeful today.

QUESTION: You're not opposed to ground troops, though? That's an option... (CROSSTALK)

BOEHNER: I'm looking for a strategy from the president that takes on this terrorist threat and defeats it.

(END VIDEO CLIP)

TAPPER: But will that strategy require approval from those very same congressional leaders in the room with the president right now and their colleagues? Maybe not. Sources on the Hill tells CNN that a vote on authorizing action is highly unlikely.

We are nine weeks away from the midterm elections after all and a vote could be politically risky. President Obama must decide whether to extend airstrikes on ISIS targets in Iraq and also to decide whether to start attacking ISIS in neighboring Syria. The White House repeatedly said the strategy will not involve U.S. combat troops on the ground.

Let's turn to Michael Chertoff now, former Homeland Security Secretary under President W. Bush from '05 to '09. He's now the co-founder and executive chairman of The Chertoff Group, which is a global risk management advisory firm that deals with all kinds of security matters.

Secretary Chertoff, good to see you, as always.

MICHAEL CHERTOFF, FORMER U.S. HOMELAND SECURITY SECRETARY: Good to be here.

TAPPER: So you have called this the most threatening environment in the last 11 or 12 years. We have heard repeatedly, of course, that intelligence officials don't believe that ISIS right now poses a threat to the U.S. homeland.

The American people overwhelming think that not only is ISIS a threat, but that 71 percent according to our new poll think ISIS has members in the United States right now. How at risk is the homeland right now compared to 9/11?

CHERTOFF: I think we're at risk in a different way; 9/11 obviously was a huge event. I don't think that is likely to be repeated.

What I do think we face is an enemy that has recruited Westerners, some with American passports, some of whom can come back to the U.S. They will be trained, they will be radicalized, they will be combat- hardened. And they could carry out attacks like the Boston Marathon attack, but much more competently and with much more damage.

TAPPER: How much do you think that these -- well, first of all, does that qualify in your mind as a lone wolf attack? Because intelligence officials say that's what they fear the most right now, is a lone wolf attack. Are people who are trained by ISIS in Syria, in Iraq who come over here, are they lone wolves? Are they technically something else?

CHERTOFF: I would not call them lone wolves. When people talk about lone wolves, they mean somebody who perhaps

self-radicalized. Maybe they got a little educated on the Internet and then they went off and did something. Now, it may not be that people in Iraq will be planning the details of attacks, but I think if individuals come back having been part of ISIS and carry out attacks, it will be part of a general program which they will have been launched back here to carry out.

TAPPER: Now, explain this to me because this has been a confusion I have had for several weeks. The reason there are these very controversial NSA programs that monitor individuals and have all this data and data mining is to prevent this sort of thing.

CHERTOFF: Exactly.

TAPPER: Why is it that the American intelligence community seems to have so little of a grasp on who these individuals are? You saw that there was this individual from Florida who was fighting for the al- Nusra Front in Syria, came back to Florida, then went back to Syria, did a suicide bombing.

There are other Americans obviously fighting with ISIS. Why don't we or why doesn't our intelligence community seem to know who they are?

CHERTOFF: I think there are a couple reasons.

First of all, these programs are very effective, but they're not perfect. But when I was in office, we used these programs to determine that there were people overseas that were connected in some way with terrorists that we had to watch, whether it be because of phone contract or travel or something of that sort.

I also think, frankly, Jake, one of the problems is that the intelligence community has been distracted for months now with Edward Snowden and with all the push against collecting information even overseas if it might touch on Americans. So now it's like a hot griddle. The intelligence folks are standing back, they don't want to get burned, and this is exactly the moment that these capabilities are necessary.

TAPPER: Have you been told that by intelligence officials or is that a suspicion?

CHERTOFF: It's just obvious. It's obvious from seeing the general tenor of how people are behaving and seeing what is being said publicly.

And, frankly, I have worked with these people over a people of years. And I understand the psychology is that when you're under attack for overreaching, you step back. That's where we were prior to 9/11. Of course, 9/11 happened. And then we told the intelligence people you have to be more aggressive. They were more aggressive. Then we told them, oh, no, you're too aggressive. We're going to punish you. You have to step back.

So you have to be clear when you give direction that you're supporting the people you're asking to carry out these missions.

TAPPER: You don't really think whether it was CIA Director Petraeus or the current CIA director or James Clapper, you don't really think that they're telling people hold back because of Edward Snowden? I don't think they really care.

CHERTOFF: No, I think though in terms of people's willingness to go up to the line in terms of what the law permits.

TAPPER: On the operative level.

CHERTOFF: At the operative level.

There is a tendency to be aggressive when the word comes down we want you to really push the envelope. That was the case after 9/11. And then when there is a period of time of a lot of people hiring lawyers because they're being investigated, there is a natural tendency for folks to be cautious. And I think it's not a huge swing, but I do believe at the margin that may be part of what is going on.

TAPPER: Last question. Do you think that President Obama should get congressional authorization for this new strategy for ISIS or is it included in the authorization for use of military force from 9/11?

CHERTOFF: It's not clear to me it's included in the AUMF,the authorization for military force.

I think he probably has the inherent power for do it by himself without authorization. If he could get authorization, it would be a positive thing. But here the most important thing. Don't ask if you don't know that the answer will be yes. You would be better off not asking and going on your own than asking and getting turned down.

TAPPER: A lesson that I think the president learned a year ago maybe even to the day.

CHERTOFF: And Prime Minister Cameron as well.

TAPPER: As well. Exactly.

Secretary Michael Chertoff, thank you so much. Appreciate your time, as always.

TAPPER: When we come back, the public disgust has turned a moment that they regret into a nightmare. Well, that's what Ray Rice's wife is saying about the release of a video showing her then fiance, now husband punching her in an elevator. And now Ray Rice himself is speaking to CNN -- what he told us coming up next.

Plus, the future of technology all on your wrist. Coming up, Apple's latest invention, but if you want one, well, there is a little catch.

(COMMERCIAL BREAK)

TAPPER: Welcome back to THE LEAD. I'm Jake Tapper. Perhaps not surprisingly, our sports lead is next. With his

professional world falling apart around him, we're now hearing from NFL star Ray Rice, who was kicked off the Baltimore Ravens and suspended indefinitely by the league after a video showing him viciously assaulting his wife.

Rice told CNN's Rachel Nichols via text message today -- quote -- "I'm just holding strong for my wife and kid. That's all I can do right now."

His wife, Janay, also speaking out, she took to Instagram and lashed out at the media and others who have weighed in on this ordeal, writing -- quote -- "I woke up this morning feeling like I had a horrible nightmare, feeling like I'm mourning the death of my closest friend, but to have to accept the fact it is reality is a nightmare in itself. No one knows the pain that the media and unwanted options" -- we believe she meant opinions -- "from the public has caused my family. To make us relive a moment in our lives that we regret every day is a horrible thing."

It was this video and the public backlash that followed that ultimately pushed the NFL to lengthen Rice's two-game suspension, but questions continue to be raised regarding what the NFL knew about the video and when they knew it.

Joining me now to talk about this all, Kim Gandy, president and CEO of the National Network to End Domestic Violence, along with Marcellus Wiley, host of ESPN's "Sports Nation" and ESPN's "Max & Marcellus."

Kim, let me start with you. You have been consulting with Roger Goodell about ways that the NFL can improve you how they react to domestic violence cases involving players. It seems to a lot of people watching that the NFL doesn't get it. What is your take, having gotten an inside view?

KIM GANDY, PRESIDENT AND CEO, NATIONAL NETWORK TO END DOMESTIC VIOLENCE: Well, I suppose you could say I have been doing pro bono consulting. I'm certainly not a consultant to the NFL.

TAPPER: Fair enough.

GANDY: But my organization has been consulted for its expertise in domestic violence.

And, clearly, the NFL got it wrong in their first actions. They have admitted this. They heard it from an explosion of reaction from their women fans, who are now about 50 percent of their fan base. And the Internet exploded. Women were sending their pink jerseys back to the NFL.

So they definitely got the message that they had completely gotten this wrong. They didn't have to get it from me. They got it from their own fans. And I think that they're -- I think they're really trying to get it right this time.

TAPPER: Marcellus, the NFL for whom you used to work, with the Cowboys, the Chargers, a number of other teams, the NFL still insisting it did not see the video of rice hitting his wife until yesterday.

Now, you played in the league. You know the culture of the sport, the dollars at stake. Do you believe them?

MARCELLUS WILEY, FORMER NFL PLAYER: It's hard to believe them. It's easy to see that the NFL fumbled this issue. You're talking about a multibillion-dollar conglomerate, some would say monopoly who has controls and investigators, FBI investigators, people who when you're getting drafted, they will dive into your childhood, your past, and know the finest of details of your history.

And now, in this moment when a public issue happens, this is an issue that is under surveillance, whether we're talking about Janay and Ray Rice, and there was video of them outside the elevator, and coming from the elevator, but no one would ever take the effort and attempt to find out what happened in the elevator? That's a hard one to believe.

TAPPER: Kim, Janay Rice's comments, the wife of Ray Rice, her comments seem to have taken a lot of people off-guard, especially people not familiar with the dynamics of domestic violence. She blames the media, she doesn't blame her husband for what's happening. It's even sparked a Twitter campaign with people trying to explain what she's going through, the #whyIleft, and #whyIstayed, women sharing their personal stories.

What was your take when you heard about her reaction, her comments?

GANDY: I wasn't surprised at all by her comments. What we know about survivors of domestic violence is that they do whatever it takes to keep themselves safe. Sometimes it's leaving, sometimes it's staying to protect their kids, sometimes it's defending him because that keeps him calm.

It's not surprising to me. Nobody really knows where she is on this. All we know is that she is surely doing the best she can to keep herself and her daughter safe.

TAPPER: Marcellus, all the focus of course has been on Ray Rice, but there are two other NFL players currently embroiled in domestic violence cases. Greg Hardy of the Panthers, he's already been convicted of assaulting and threatening to kill his girlfriend, Ray McDonald, the 49ers faces felony charges for allegedly hitting his wife. Both of these men were allowed to play last weekend.

Does that indicate to you that the league's reaction was more about the video than the crime?

WILEY: No, it doesn't. If you're Ray McDonald, you don't want to be bundled up with Ray Rice, especially because we've seen the video and those are unique circumstances for Ray Rice but not Ray McDonald and not anyone else. So, imagine if you were that person who just wanted your due diligence and you wanted your judicial system to let you be tried by your own name, not because of Ray Rice or because of the wake of Ray Rice. And I think that's unfair.

Right now, we're in a volatile place emotionally. Everyone is saying a lot of different things. Not really standing on educated premises all the time. And I think one thing that is going on is there is a lazy connection between what Janay went through in domestic violence is not a shared experience.

I know I play with a lot of guys myself personally, as well, who grew up in a home with domestic violence who got to see that firsthand knowledge. And there are actual players that have been victims of domestic violence, as well. And that's another conversation that should be had.

But I just want people to know that if you see a male dominated sport, if you see all men on the field, if you see men in power at the NFL office, does not mean that those same men don't have sensitivity to this subject. I just want to make sure that that conjecture is started to be extinguished because I think it started to run rampant.

TAPPER: Fair enough, and also important to point out that domestic violence is a problem worldwide, not just in the NFL.

Kim Gandy and Marcellus Wiley, thank you so much for coming on the show. Thank you for talking to us.

Coming up, the NFL says it first saw the video yesterday. But did anyone at the NFL even try to get it themselves? Harvey Levin of TMZ says nope. I'll talk to him coming up.

Plus, a wake-up call for Congress? A brand new poll is next and Americans are not holding back on their contempt for Washington, D.C.

(COMMERCIAL BREAK)

TAPPER: Welcome back.

Politics lead now. Worst Congress ever? The brand new numbers breaking right now should worry congressional leaders there from both parties. This CNN/ORC poll finds only 14 percent of Americans approve of the way Congress is handling its job. That's up from 10 percent at this time last year. But it's not likely to warm any hearts on Capitol Hill as the November elections approach.

Further, Americans overwhelmingly disapprove of the way Congress is doing its job, some two-thirds told pollsters this is the worst Congress they have seen in their life times.

Of course, President Obama has poll problems of his own. His approval rating is at 43 percent, as he meets with congressional leaders today. Suddenly, that number doesn't sound as horrific as it did 10 minutes ago.

CNN's chief congressional correspondent Dana Bash has been taking the temperature of lawmakers today.

Dana, what does this mean for the midterms? DANA BASH, CNN CHIEF CONGRESSIONAL CORRESPONDENT: Well, first of all,

Jake, I want to know who those 14 percent are that actually think Congress is doing a good job. Because it is not unusual to see it low, but it is not a great thing when you're just a couple weeks from the midterms.

And generally, it is not a good thing for the party perceived to be in power. You got a Democrat in the White House. You got Democrats who control the Senate. So, certainly, it seems to be worse for Democrats, not just for that reason, but also because of the fact that Democrats are playing defense big time when it comes to the fight to keep control of the Senate.

Most of their fight, most of the most competitive seats are vulnerable Democrats, incumbent Democrats. So, if they're perceived as doing a bad job, then that's just not good when you look at the big picture for the control -- in the battle for the control of Congress.

TAPPER: And, Dana, congressional leaders at the White House right now. What are you hearing from them when comes to what they're expecting to hear from President Obama when he announces his plan tomorrow night to take the fight to the terrorist group ISIS?

BASH: Well, they're expecting to hear a strategy, the kind of strategy that you've been hearing both parties demand particularly as they have been home with their constituents over the past five weeks during recess. Mitch McConnell, the Senate Republican leader, said just a few hours ago before he was going to go to the White House, that he was going to press the president in private much as he's done in public for a vote, to come to Congress and say, you know, this is a new kind of threat and it would be beneficial to have Congress vote to authorize whatever strategy, whatever military action he is going to talk about.

Whether or not that actually happens, it's a big question mark and I think it's pretty unlikely that that's going to happen, Jake. And that is because as much as you're hearing that from both sides of the aisle, that Congress's should be an equal partner here, Congress' voice should be heard with a vote, there is maybe not as loud but certainly a lot of sources that I've been talking to in private say this is just not the time, we are two months before an election and taking a vote even on something that polls show people are very supportive of, taking the fight against ISIS in a more robust way, any vote on any kind of military action is always dicey.

So, that's why I think we're unlikely to see the president ask for it. And we're still having a debate over whether even to have a debate as Congress is only here for maybe 10 more days.

TAPPER: The latest chapter of profiles in courage.

Dana Bash, thank you so much. Appreciate it.

Coming up, they say they could have saved lives that night if not for a spineless CIA station agent who told them to stay put. Next, three survivors of the Benghazi attack there that the night tell me about the man with the code name Bob.

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