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Attorney General Eric Holder Resigns; Ferguson Protests Erupt after Police Chief Apology; Kelly Harvey Walks Away from Drag Race Crash; South Carolina Cop Shoots Man During Traffic Stop

Aired September 26, 2014 - 08:30   ET

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

(COMMERCIAL BREAK)

BROOKE BALDWIN, CNN ANCHOR: The announcement of Attorney General Eric Holder's resignation is setting up a debate over his successor. During Holder's six year tenure, he confronted a number of issues. And his resignation is actually a welcome relief for a lot of Republicans who he oftentimes clashed with.

So, now, President Obama begins the challenging task of finding a replacement who can win the Senate confirmation. CNN's Michelle Kosinski is live at the White House with more.

Michelle, good morning again.

MICHELLE KOSINSKI, CNN CORRESPONDENT: Hi, Brooke.

And the position of attorney general is such an important one. I mean you think about the actions and decisions and investigations that you take on or don't take on can affect American life. But the president's next pick is also going to have to take on all of this ire from congressional Republicans that was heaped on Eric Holder for such a long time. I mean, wow, some of their tweets yesterday really said it all. And if Republicans take the Senate, you can imagine what kind of confirmation process this could be.

Some of the names out there as possibilities, Kathy Ruemmler, recently left as White House counsel with accolades from her colleagues and the president. Although not everybody loves the idea of it being someone so close to the White House. There's Donald Verrilli, solicitor general, successfully argued for Obamacare before the Supreme Court. Also Deval Patrick, governor of Massachusetts, although he has said he's not really interested. Several other names circulating as well, and you can see why the White House would likely want to get this done as quickly as possible.

Brooke.

BALDWIN: I'm sure. Michelle Kosinski, thank you so much.

CHRIS CUOMO, CNN ANCHOR: One thing's for sure, whatever name they come up with, not everybody will be happy.

Now, here's something that should make everybody's happy. This week's CNN hero, helping families keep up with the high cost of child care. Did you know, according to the USDA, it takes nearly a quarter of a million dollars to raise a child. So, Bridget Cutler is giving babies in New Jersey a fair start. Take a look.

(BEGIN VIDEOTAPE)

BRIDGET CUTLER, CNN HERO: I love being a mom. It's the most rewarding thing I've ever experienced. On the flipside, the financial burden of having a child is just tremendous. So many people have such an abundance and so many others strive to afford even the basics.

All right, who wants to water?

I remember reading an article and it was about a mother who decided to give her child up for adoption because she couldn't stand to hear her crying from hunger.

Here's Decklan's (ph) baby book.

I just thought that no mother should ever be faced with that choice.

I started to collect excess baby gear and that was when Moms Helping Moms was born.

Boys clothes are up to the right. Girls clothes are to the left.

We have drives at our storage space. We like to call them shopping days, because they are essentially shopping. They're just not paying anything for it.

UNIDENTIFIED FEMALE: This is really cool.

CUTLER: They're awesome.

Every child deserves a fair start and if what we're doing helps bridge the gap between people from different backgrounds, even in a small way, then it's definitely worth all the hard work.

(END VIDEOTAPE)

CUOMO: I'll tell you, she's doing the good work. She's doing the good work. That's why she's up for CNN Hero.

BALDWIN: It's almost that time of year.

CUOMO: I know.

BALDWIN: Can you believe that?

CUOMO: Next Thursday, on NEW DAY. Anderson Cooper, the man himself, here to announce this year's top 10 heroes next Thursday morning on NEW DAY. Mark your calendars. And you can also go on cnn.com to follow that.

BALDWIN: Amazing, amazing, amazing people.

Coming up, protests, they're flaring up in Ferguson yet again after the police chief has apologized to Michael Brown's family. Is his apology a little too late? Our legal analysts will weigh in on the unrest.

And -

CUOMO: And we're going to talk to a man who survived this. Watch it.

BALDWIN: Ooh!

JOHN BERMAN, CNN ANCHOR: Wow. Wow.

CUOMO: A beautiful '55 Chevy. Beautiful no more. Lost control in a drag race, obviously. Kept flipping over. You see for yourself. This is not a fancy race car.

BALDWIN: You see his legs?

CUOMO: You see his legs wound up out the windshield. He walked away. And now he'll talk to you about how it happened. All he had on was a lap belt and that helmet. Look at him. Amazing. Hear the story from him.

(COMMERCIAL BREAK)

BERMAN: Breaking overnight, protests once again erupting in Ferguson, Missouri. Remember, this is not tape you're looking at from six weeks ago. This was overnight. Several residents there calling for the police chief's job. Thomas Jackson came out to address the crowd, but the crowd in that situation escalated very, very quickly. Several people were arrested. The incident happening just hours after Jackson issued a public apology for his actions following the fatal shooting of Michael Brown. So he apologizes in the day and at night protests erupt on the streets of Ferguson.

Joining me now, CNN legal analysts Sunny Hostin and Danny Cevallos. Sunny is a former federal prosecutor, Danny a criminal defense attorney.

Sunny, I want to start with you. The apology comes out during the day. The videotaped apology. And at night, we see that unrest with the police chief in the crowd there. Just a matter of too little too late?

SUNNY HOSTIN, CNN LEGAL ANALYST: Oh, well, absolutely. It's been almost two months. And so to sort of come forward now and apologize and try to be a man of the people, a police chief of the people, just rings untrue at this point. I think what's also fascinating about this police chief is that, in his apology, he talked about leaving Michael Brown's body out too long. Well, that wasn't police protocol. Police weren't working on Michael Brown and working on the scene. That is untrue. And so there were untruths to his statement.

And I think what was also very concerning to many people is, this is the same police chief that leaked out a lot of information about Michael Brown and sort of painted this narrative of a criminal, a victim who deserved to be shot. And at this point, he has lost the trust of the community. And the appropriate thing to do when you lose the trust of the community as a public official is to resign, and that is why I think you see this reaction to what the police chief said and did.

BERMAN: Well, let's play a little bit of what the police chief said right now so we know what we're talking about here. Let's play that.

HOSTIN: Sure.

(BEGIN VIDEO CLIP)

CHIEF TOM JACKSON, FERGUSON, MISSOURI, POLICE: I'm also sorry that it took so long to remove Michael from the street. It was just too long and I am truly sorry for that. For any mistakes I have made, I take full responsibility.

(END VIDEO CLIP)

BERMAN: So, Danny, I want to get to you in one second here, but, Sunny, what's wrong with saying you're sorry? I mean it took him a long time, but if he is sorry, isn't it right to say so?

HOSTIN: I think so. I mean certainly it's appropriate --

BERMAN: Right.

HOSTIN: I think at this point to apologize for his actions and inactions in this investigation. But let's face it, the Justice Department is involved at this point. There's a grand jury that's been convened. And for the police chief now to apologize, it just doesn't help the situation.

BERMAN: All right, Danny Cevallos, you're a defense attorney. Say you are defending Darren Wilson three months from now in a case for the shooting of Michael Brown. What does this videotape now of the police chief apologizing for what went on, what does that do to your case?

DANNY CEVALLOS, CNN LEGAL ANALYST: I can't imagine that the police themselves are too thrilled, at least the rank and file, with their chief coming out and making apologies. You know, the thing that happens here is sometimes you have a playbook for a reason. But when a high-profile case comes along, sometimes government administrators throw out the playbook.

So now you have this YouTube type apology video in a golf shirt. That - and I've got to tell you, John, the thing that struck me the most is that Ferguson Police from the beginning have said, we don't treat black people any differently than anyone else. And then the Ferguson Police chief comes out with a sheet of paper and says, greetings, of African-Americans. In a way, that was as divisive as what we've been talking about from the beginning, that if he doesn't view them as a different group, why address them differently?

I think that is problematic. But, ultimately, in defending Officer Wilson, this is, once the race allegations simmer down, because if anything, he'll be charged with a non-race crime, I believe, then he's going to have to center his defense on the fact that he was in reasonable fear of deadly body injury, serious bodily injury, and that will warrant use of his firearm in stopping the threat. And if stopping the threat results in death, then it can still be a justified killing.

BERMAN: Let's talk about reasonable - you know, what a reasonable threat might be and when a cop fires his gun because we have another case -

HOSTIN: Yes.

BERMAN: Amazingly, an amazing, stunning, shocking piece of video from South Carolina. I want to show everyone what happened here. It was at a gas station. A cop stops a man in a car. Look at this.

(BEGIN VIDEOCLIP)

GREENBERT (ph): Can I see your license please?

Get out of the car! Get out of the car!

Get on the ground! Get on the ground!

JAMES (ph): I just got my license. You said get my license. I got my license right there. That's my license right there.

GREENBERT: Put your hands behind your back. Put your hands behind your back.

JAMES: What did I do?

GREENBERT: Put your hands behind your back. Put your hands behind your back. Put your hands behind your back.

JAMES: What did I do, sir?

GREENBERT: Are you hit?

JAMES: I think so. I can't feel my leg. I don't know what happened. I just grabbed my license.

GREENBERT: (INAUDIBLE).

JAMES: Why did you -- why did you shoot me?

GREENBERT: Well, you dove head first back into your car.

JAMES: I'm sorry.

(END VIDEOCLIP)

BERMAN: He dove back head first into his car -

HOSTIN: Wow.

BERMAN: Because the police officer said to get your license. He was doing what the officer said and then he shot him for doing what the officer told him to do, Sunny.

HOSTIN: He was - he was trying to be compliant. It was just really unbelievable and I think it showed a lot of things. One, these encounters happen so very quickly and the dash - the importance of the dash cam video I think, you know, is something that we all now know must be had for all police departments across the country, and that really is the trend.

One thing I want to mention when I see this, I teach a street law class, and the bottom line is, when you are in a police encounter, yes, you have to be compliant, but you also have to announce to the officer, unfortunately, what your intentions are in terms of your movements. So had he said officer, I'm not blaming the victim here, but officer, my license is in my car. I'm going to reach in and get it, we wouldn't be seeing this video.

BERMAN: But Danny, not everyone is lucky enough to take Sunny's class. We don't all know that you're supposed to narrate out loud what you're doing to a police officer when you've been pulled over for not wearing your seat belt. That seems nuts. We should say this officer has been fired, by the way, and does face serious charges. Do you think he is in jeopardy here?

CEVALLOS: The officer, yes, I think he probably is. In fact, from what I'm hearing, the charges at this point are just ag assault.

Remember, ag assault could potentially be a bar fight using a bottle. When you consider the range here, he probably could have been charged with more, but in this case, you know, I've said this for a while. Dash cams overall, I have to concede, will ultimately in the long run be bad for defendants, because police are aware they're on, defendants are not.

Overall it won't be good for defendants as a whole, but sometimes it is, and in a case like this, it concerns me. I wonder what would that police report have said? How would he have written that up if we never had this video of what actually happened.

HOSTIN: There you go.

BERMAN: That's a great question, and it also shows you how fast this all can go down. Danny Cevallos, Sunny Hostin, thanks so much for being with us.

HOSTIN: Thanks, John.

BERMAN: Appreciate it.

(BEGIN VIDEOCLIP)

BERMAN (voice-over): Coming up for us, a spectacular drag race crash involving a classic '55 Chevy. Look at that. Chris Cuomo crying about this.

The car keeps flipping. What happens to the driver, though, that will shock you. We'll have that just ahead. (END VIDEOCLIP)

(COMMERCIAL BREAK)

CUOMO: The video is just outrageous. Have you seen this?

(BEGIN VIDEOCLIP)

CUOMO (voice-over): There are two cars, Pike's Peak International Raceway in Colorado, drag racing asphalt style you'll see, all of a sudden this beautiful '55 Chevy just starts rolling over right there at the finish line. Sends driver Kelly Harvey through the windshield.

Those are his legs you're looking at. Its important to note that this was a controlled race. There was an ambulance, an EMT crew on the scene. They take this sport very seriously and Harvey, look at that, walks away from the crash, joins us live this morning from Ft. Collins, Colorado.

(END VIDEOCLIP)

CUOMO (on camera): It is so good to see you looking so well this morning. Can you even believe your good luck?

KELLY HARVEY, DRAG RACER WHO SURVIVED CRASH: Not really, no. It's kind of crazy that I walked away from that.

CUOMO: You're in the car. You're whipping down there. What happens as you get near the finish line?

HARVEY: Just the car started slipping and sliding and the other car was slipping and sliding and we were just kind of trying to keep them under control until the finish line. I knew the car was tumbling, I was bouncing around in the car and my seat belt had come loose, and I really wasn't sure if the car was, you know, upside down or where I was at in the car.

CUOMO: Do you remember walking around after the crash when you got out of the car there?

HARVEY: I do, yes, I was a little dazed and confused, but I knew where I was at and you know, what had happened. I didn't first realize the severity of it until I saw that video the next day.

CUOMO: Does it make you think that you've got to increase the safety standards, even in those streetable cars?

HARVEY: In a streetable cars, if you're going to use them like I was using them, definitely needs more safety gear. If you're going to drive it around town and take it to a cruise night down at the drive- in or something, not so much. But if you're going to do what I was doing with it, definitely needs a little bit more for sure.

CUOMO: I'm glad you can't see what's on our screen right now, but I'm only laughing because thank God you're okay, and you got back to your family and I'm sure you're going to get back to racing. HARVEY: For sure.

CUOMO: But I got to tell you to watch it, Kelly. I haven't seen many like that in drag racing where a guy got tossed around like that and wound up walking away. There must be some purpose for you here and I hope you live it to its fullest.

HARVEY: I think so, too.

CUOMO: Alright, Kelly Harvey, thank you so much for being with us. Good luck racing.

HARVEY: Alright, thank you.

BALDWIN: His legs were dangling out the windshield. He's lucky.

Coming up, we have a special NEW DAY surprise about someone who normally sits in this seat, it is the Good Stuff next.

(COMMERCIAL BREAK)

CUOMO: We are playing this song because it is the name of the most beautiful new baby in the world. The Good Stuff couldn't get gooderer.

Kate and her husband Michael have welcomed a beauty into the world. You're looking at her right here.

BALDWIN: Yay!

CUOMO: Cecelia Eve, right there.

BERMAN: Look at that face.

CUOMO: Six pounds, 18 1/2 inches, already has an IQ of 447. And look at Kate. I've never seen her look more happy or satisfied than she does in that picture and she just gave birth. Beautiful. What do you think guys, what do you think of the baby?

INDRA PETERSONS, CNN METEOROLOGIST: I love the picture on the right, she's actually smirking. Its really cute.

BALDWIN: She's got a little - - she's sassy, she's sassy on day one.

PETERSONS: Personality already.

BERMAN: So peaceful, so cute.

BALDWIN: Oh.

BERMAN: Such cheeks.

BALDWIN: So Uncle Chris went to make sure --

CUOMO: Everything's going to be alright. They're doing great, they're being left alone as they should be in this most private moment. I told Kate there are very few things in your life before they happen

where you say to yourself with certainty and you're right, this will be the best thing that ever happened to me in my life. They're very rare moments, but having a kid is exactly that. John you know that, too.

BALDWIN: Yes, as dads.

In that moment, though, when you're looking at your wife and you're looking at this little precious thing, do you have any idea at the time what you're in for? You don't do you?

CUOMO: No.

BERMAN: I'm like seven years in and I'm in a daze. The whole thing is a blur.

BALDWIN: Fear or joy?

BERMAN: Yes. Parenting answer is yes.

CUOMO: Parenting is a mix of both, but everything matters more after you have a baby and they've had a beautiful one. They're off to a great start. We miss you terribly, but are so happy for you.

PETERSONS: Congratulations, congratulations.

CUOMO: Little Cecelia Eve, gorgeous. Kate, Michael, see you soon. See you soon.

A lot of news this morning. Time for the "NEWSROOM" with Carol Costello. You see that baby, Costello?

CAROL COSTELLO, CNN ANCHOR: I did see that cute little baby girl. What a beautiful baby, but I didn't expect anything less of Kate Bolduan, right?

CUOMO: That's true, that's true.

COSTELLO: Exactly.

CUOMO: Always perfection.

COSTELLO: Exactly. Have a great, great weekend, guys. Thanks so much. NEWSROOM starts now.

And good morning, I'm Carol Costello. Thank you so much for joining me.

It is a busy morning of developments in the war on ISIS. Right now, British lawmakers are going toe to toe in a debate on whether to join the coalition's offensive. But if approved, British war planes would limit their strikes only to ISIS targets in Iraq, not in Syria.