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Protests Intensify over Freddie Gray's Death; Five Officers Give Statements in Freddie Gray Death; Senate Set to Vote on Loretta Lynch; Saudi Airstrikes Pound Houthi Targets; Clinton Foundation Donations Under Scrutiny. Aired 7-7:30a ET

Aired April 23, 2015 - 07:00   ET

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

(BEGIN VIDEOTAPE)

SUZANNE MALVEAUX, CNN CORRESPONDENT (voice-over): Protests continuing into the night in Baltimore, after another tense standoff with police.

UNIDENTIFEID MALE: Watch yourself. I got you.

MALVEAUX: Hundreds of protesters demanding answers in the death of Freddie Gray.

People frustrated, filling the streets, blocking traffic. Some even laying down on the middle of the intersections.

[07:00:04] UNIDENTIFIED MALE: Hands up!

UNIDENTIFIED FEMALE: Don't shoot!

UNIDENTIFIED MALE: Don't shoot!

UNIDENTIFIED FEMALE: Don't shoot!

MALVEAUX: Some even laying down on the middle of the intersections. This as new video shows Gray minutes after his initial arrest, the last time he was seen publicly and alive. The video shows Gray not moving, lying half-in/half-out of the police van. This is when police say they shackled his ankles.

UNIDENTIFIED FEMALE: He wasn't responding. He was down, and his feet was like this. And they picked him up and threw him up in the paddy wagon.

MALVEAUX: What exactly happened to the 25-year-old when he was placed back in that van remains a mystery.

MICHAEL DAVEY, FRATERNAL ORDER OF POLICE ATTORNEY: Something happened in that van. We just don't know what.

MALVEAUX: An attorney for the Baltimore City Police Union tried to answer questions Tuesday, despite calls from protesters demanding the arrest of the six officers involved. The Fraternal Order of Police defending the officers' actions.

DAVEY: In this type of an incident you do not need probable cause to arrest. You just need a reasonable suspicion to make the stop. And that's what they had in this case.

MALVEAUX: More than four days after Gray died from a nearly severed spine, CNN has been told the body will be released from state custody soon. And the family wants an independent autopsy, his relatives hoping for a second opinion on the cause of death.

MARY KOCH, FREDDIE GRAY FAMILY ATTORNEY: The most that you can say about Freddie Gray's family is that they are totally devastated. They tried to process the loss of their son, their brother, their friend.

(END VIDEOTAPE)

MALVEAUX (on camera): And the mayor of Baltimore, Stephanie Rawlings- Blake, has reached out to the family. She wanted to meet with the family, console the family. The family responded to her, Chris, declining her offer, saying it's not an appropriate time, that they are focused now on trying to bury their son -- Chris.

CHRIS CUOMO, CNN NACHOR: This is very personal for them. For everybody else it's about the policy involved and what's going to change. But for them it all ended with what happened to their family member. Suzanne, we'll check back with you.

Now, almost all of the officers involved, as we told you, did share their side with investigators as early as 11 days ago. So what's in there? Let's get to CNN's Evan Perez with the latest. What do we know?

EVAN PEREZ, CNN JUSTICE CORRESPONDENT: Chris, we still don't know what's in those statements. The Baltimore Police Union is firmly backing the six police officers involved in the arrest of Freddie Gray.

The union officials say that they have provided these statements. Five of six officers have provided these statements to investigators. The officers now suspended with pay committed no crime, according to the union.

Gray died after suffering a spinal cord injury that police still cannot explain. Baltimore Police Commissioner Anthony Batts says another prisoner in the police van told investigators nothing unusual happened on the way to jail.

(BEGIN VIDEO CLIP)

COMMISSIONER ANTHONY BATTS, BALTIMORE POLICE: The second prisoner that was picked up is that he didn't see any harm done to Freddie at all. What he has said is that he heard Freddie thrashing about. The driver didn't drive erratically.

(END VIDEO CLIP)

PEREZ: The Justice Department civil rights investigators and the FBI are now gathering evidence for their own investigation. The federal probe would have to prove that the officers intended to deny Gray his civil rights. And, Alisyn, that's a tough case to make as we saw in the shooting of Michael Brown last year.

ALISYN CAMEROTA, CNN ANCHOR: Absolutely, Evan. Thanks so much for that background.

We want to turn now to Leonard Hamm. He is Baltimore's former police commissioner.

Mr. Hamm, good morning. Thanks for being on NEW DAY.

LEONARD HAMM, FORMER BALTIMORE POLICE COMMISSIONER: Good morning. Thank you for having me.

CAMEROTA: You were at the head of the Baltimore Police Department from 2004 to 2007. Are you surprised to see your former officers embroiled in this controversy today?

HAMM: I really -- I'm surprised, and I'm disappointed also. I thought we were better than that. I thought we were better trained than that. And it's tragic that this had to happen in our town.

CAMEROTA: Mr. Hamm, when you look at that video of the arrest of Freddie Gray, what do you see going wrong?

HAMM: What I see is a person in distress. And what should have happened is at that point they should have called for medical attention to help him out. And let the ambulance and the medical team, the paramedics, you know, do what it is they do.

CAMEROTA: Mr. Hamm, there was this astonishing press conference yesterday. And I say astonishing, because it was from the attorney for the police union. And his tone was so different than I think what protesters were expecting. It was very far from conciliatory or even offering any answers.

One of the things that is the question about what happened with Freddie Gray's arrest is why they pursued him in the first place. There didn't seem to be probable cause.

Let me play for you what the attorney for the police union how he explained why they pursued him. Listen to this.

(BEGIN VIDEO CLIP)

DAVEY: Due to the fact that it is a high crime area, an individual who was Mr. Gray, and another individual were observed and unprovoked. They both fled the police. There is a Supreme Court case that states that, if you are in a high crime area and you flee from the police after -- unprovoked, the police have the legal ability to pursue you. And that's what they did.

(END VIDEO CLIP)

[07:05:25] CAMEROTA: Mr. Hamm, what do you think about that? He's saying that, basically, they pursued him and arrested him and took him down, because when he looked at them he ran. HAMM: I used to be an instructor in the Baltimore Police Academy.

And I actually was director of the Baltimore Police Academy. And we always taught that probable cause was more than mere suspicion but less than beyond a shadow of a doubt that a crime has been or about to be committed. I don't believe that what those officers did stand up to that standard.

CAMEROTA: I mean, we had the family -- the attorney for the family of Freddie Gray on yesterday. And he said running while black is not a crime.

HAMM: I agree.

CAMEROTA: I mean, it appears as though the police officers pursued him for no other reason than that he ran. And the idea that a man is dead now, it just demands answers.

HAMM: It's very tragic. And we as police officers, we have to be able to explain what we do and why we do it in the form of probable cause statements. I don't know what the probable cause statements are saying, but my question is, like a lot of people's questions is, you know, why did they chase him? What did he do? What was the reason to chase him?

CAMEROTA: Another question is what happened to him. How did his spine get so severely injured? What people think they see when they watch this video is that his legs are limp, almost as though he can't use his legs. Well, the attorney for the police union had a very different interpretation of this video.

Let me play for you how he sees this moment on the video. Listen to this.

(BEGIN VIDEO CLIP)

DAVEY: He simply didn't want to walk. And that is not unusual with individuals who don't want to be arrested. They don't cooperate and they don't want to walk. That is not unusual.

UNIDENTIFIED MALE: If that was because he didn't want to walk, why was he yelling as in -- as if he was in pain?

DAVEY: I think you're using the words "yelling as if in pain" as a speculation. It could have also been yelling to bring the crowd to make attention to his arrest.

(END VIDEO CLIP)

CAMEROTA: Mr. Hamm, when you watch that video, do you see someone who doesn't want to walk and who's just yelling for attention?

HAMM: First of all, I am not a medical doctor. And I'm not a medical personnel. But it looked to me like he couldn't walk. Not that he didn't want to walk but that he couldn't walk.

CAMEROTA: Mr. Hamm, what would you recommend the police chief in Baltimore do today?

HAMM: Well, first of all, Commissioner Batts is a personal friend. And I think he's doing as best a job as he can do. I think now it's time for him to really, you know, show leadership, show command, be out in the street, be with the troops, ensure that everybody is doing what they're supposed to do. Because Baltimore's at a state now that one mistake, whether intentional or unintentional, by one of these officers could set this town ablaze. So he's really going to have to be out and about and on his game today.

CAMEROTA: Do you think that he should release the contents of those officers' statements taken the day of the arrest?

HAMM: I think he should follow the protocol of the investigation. Let the investigation run its course. However, he has to be quick but not hurried. Quick in that you can't stall this thing. But don't rush where you could possibly make some mistakes.

CAMEROTA: OK. Leonard Hamm, former Baltimore city police commissioner, thank you so much for your insights into this case.

HAMM: Thank you.

CAMEROTA: We want to know your take, as well. Please tweet us using the hashtag "#NewDayCNN." We'd love to hear your thoughts on this case.

Let's get over to Michaela.

MICHAELA PEREIRA, CNN ANCHOR: All right, Alisyn. Given what's happening in Baltimore, race relations are expected to be a major issue facing the country's next attorney general. Today, after waiting five months, Loretta Lynch is expected to be confirmed as the new A.G.

CNN's Michelle Kosinski is live at the White House with more on this big day for her.

Hi, Michelle.

MICHELLE KOSINSKI, CNN WHITE HOUSE CORRESPONDENT: Hey, Michaela.

Right, this is really happening today. At least it's expected to. This afternoon the confirmation of the new attorney general nominee, Loretta Lynch, in the Senate after about 166 days of waiting.

We've really been hearing the anger from Democrats over this. I mean, President Obama called the delay embarrassing. Administration officials saying that this has taken longer than it took to write the constitution, longer than the last seven nominees combined, longer than the first 54 nominees combined.

The Republican had -- the Republicans had tied her confirmation to the passage of this human trafficking bill that had some controversial abortion language in it. Well, that finally hit a compromise. It was passed in the Senate last night, 99-0, with only Ted Cruz not present. Lynch is expected to get around five Republican votes, maybe a few

more. By comparison, Attorney General Eric Holder, whom Republicans never seem to miss an opportunity to criticize, got 19 Republican votes.

Back to you guys.

CUOMO: All right, Michelle, thank you very much.

Yemen is getting pounded by bombs as the Saudi air raids continue. So severe the once defiant Houthi rebels are now calling for peace talks. We have CNN's Becky Anderson in Abu Dhabi with the latest -- Beck.

BECKY ANDERSON, CNN CORRESPONDENT: Chris, the Saudis insist that this action is consistent with the end of this month-long Operation Decisive Storm, phase one, as it were. And Operation Renewal of Hope, phase two, which is part political, part military.

Now, these airstrikes, Riyadh says, are to protect civilians from militia, while behind the scenes all willing stakeholders work on the implementation of the U.N. Resolution 2216.

But it's not just in the air or on the ground that things are tense. It's also in the waters off Yemen that things are getting really complicated. Witness what could be the impending showdown between the U.S. warships entering the Gulf of Aden, led by the U.S. aircraft carrier Theodore Roosevelt, and an approaching flotilla of Iranian cargo and military ships.

Now, U.S. officials tell us the mission is to monitor Iranian cargo vessels that could -- could, -- deliver arms to Houthi rebels. The unanswered question at this stage: Will the U.S. Navy actually move to block those Iranian ships from entering Yemeni waters -- Alisyn.

CAMEROTA: Becky, thank you for that.

Well, there was a frightening and unsettling flight for passengers on a Delta flight from Paris Wednesday. It was supposed to land in Newark, New Jersey, but it was diverted to Boston because of violent turbulence. It was apparently so bad some passengers got sick. And one passenger tells our affiliate, WABC, that it felt like King Kong picked up the plane and shook it. The turbulence was apparently caused by storms in the northeast on Wednesday. Yikes.

CUOMO: I knew there was King Kong.

Ukraine has been out of the headlines, but the violence there is getting worse. U.S. officials accusing the Russians once again, this time of deploying air defense systems in eastern Ukraine, which would be a violation of the cease-fire deal. They're also seeing a Russian troop buildup along the border. And many analysts fear there could be a new Russian-backed offensive in the works to seize even more territory in Ukraine.

PEREIRA: Thousands of people forced to evacuate after a volcano erupts twice in one day in southern Chile. Look at this. Red alert in effect as that Calbuco volcano spews a giant tower of ash into the sky after being dormant for nearly half a century. The government is supplying water in case resources get contaminated. So far, thankfully, no reports of deaths nor injuries. But quite a sight to behold.

And you can imagine a lot of people are grabbing images of that, because it's not something you see very often.

CAMEROTA: No, good point.

CUOMO: Yes, the '70s I think is the last time.

CAMEROTA: Well, tensions are mounting in the Middle East this morning. A convoy of Iranian ships steaming towards Yemen, nine U.S. vessels waiting to intercept them. Are the two countries on a collision course?

CUOMO: All right. And Hillary Clinton is under fire, no two ways about it. She's facing questions about donations to her family's foundation. Hillary says there's a plan for that. And we'll tell you what it is.

(COMMERCIAL BREAK)

[07:17:28] CUOMO: Yemen has significant developments. You judge for yourself whether it's good or bad news.

An Iranian convoy is heading towards the coast. Nine American ships are waiting for them there. On land, a devastating air campaign has pushed Houthi rebels to call for peace.

To understand the situation we have former U.N. and State Department official and former Obama campaign foreign policy adviser, David Tafuri. David, it's good to have you on the show.

It looks bad on the outside for U.S. interests, what's going on in Yemen. What do you see as the hope?

DAVID TAFURI, FORMER CNN OBAMA CAMPAIGN FOREIGN POLICY ADVISOR: Well, it's a very difficult situation. It's delicate, but I think the administration is approaching it correctly.

The U.S. has to show its allies, Saudi Arabia, that it backs what Saudi Arabia is doing in Yemen. That's part of the reason the ships are there.

It also has to show Iran there are consequences to Iran continuing to supply the Shiite Houthi rebels. At the same time, it needs to be careful not to let the rhetoric get too out of control with Iran. We don't want to go to war with Iran over this.

Also, the U.S. is trying to negotiate a nuclear agreement with Iran. The U.S. says it is compartmentalizing its diplomacy. On one hand, working towards an agreement, on the other hand confronting Iran in Yemen. So it's going to be very interesting to see what happens. CUOMO: The spin is, the other way, that Iran is controlling the game.

They have you at the table for nukes, and they are controlling that negotiation. And meanwhile, because your hands are tied, because you want the nuke deal so bad as the P5+1 including America, they are running roughshod. They're in Yemen right now helping the Houthi rebels, seeming like they are for the common man. While you for the U.S., you're for Saudi Arabia that is not a beloved entity in the region, that is seen as funding a lot of terrorism and being a heavy. And in Iraq equally, we now have Iran supposedly helping the little man in their fight that the U.S. is staying out of. And you say?

TAFURI: Well, I say there's some accuracy to that. Iran is engaging in activities around the Middle East. You've mentioned some of the countries, like Iraq, like in Syria, like in Lebanon, that is destabilizing the region. But the U.S. is sending a message to Iran, especially now in Yemen. It has moved more naval ships to Yemen.

CUOMO: But Iran isn't stopping their cargo.

TAFURI: Saying to Iran you cannot continue to supply the Houthi rebels with weapons.

CUOMO: But what are you going to do, then, when the Iranian ships continue on their way, and you hear strong words from Iran, as well, basically saying, "We don't care what you say. You are now a threat to us. And to make that point clear, we're going to hold some of your people, as well, and you can't make us let them go." Which is what we see with the journalist and the Marine, among others.

[07:20:08] TAFURI: The U.S. has to make clear there are repercussions for Iran continuing to engage in this behavior. That's what the ships are about.

Certainly, the U.S. has been backing Saudi Arabia in its airstrikes against Yemen. Those are against the Houthi rebels. We have to see what happens.

It would be nice if the U.S. was also doing more to confront Iran and its destabilizing actions in places like Lebanon, Iraq and Syria.

CUOMO: It is one thing to argue that the U.S. has the upper hand or the better hand when it comes to backing Israel over Iran in terms of their conflict because of the alliance between the U.S. and Israel. Do you think you have solid ground with the alliance with Saudi Arabia? Or are they more of a mixed bag in terms of what they mean in the region and in the fight on terror?

TAFURI: The relationship with Saudi Arabia and with some of the other Sunni gulf countries like the UAE, like Qatar, is very sensitive. They certainly would like to see the U.S. doing more to confront Iran. And they're very worried about this nuclear agreement.

But the U.S. is doing the right thing. It's in discussions with each of those countries and their leaders. It is supporting the effort in Yemen. And it needs to do -- listen more to those countries because we really need those countries not just because they're allies in the region but also because they're helping us fight ISIS and fight al Qaeda. And we need them to continue to help us to do that.

CUOMO: What do you make of the criticism that these bubbling situations are a function of America pulling back. And that, while pulling back sounded good to American people, it is now a price that we're paying for it.

TAFURI: I think there's some accuracy to that. The biggest threat to U.S. national security around the world, especially in this region, the Middle East, is there being more failed states. And we are now on the verge of having more failed states.

Yemen certainly is now a failed state. Syria has been a failed state for a long time. Iran -- excuse me, Iraq could be a failed state. And of course Libya also is having -- facing its share of problems. So the U.S. backing off in those countries is problematic. And it's going to be interesting to see what the president does in these last years of his presidency to turn that around and stop the creation of failed states.

CUOMO: Is this proof that our strategy to date has not been effective?

TAFURI: Well, I mean, it depends on what strategy you're talking about. There are aspects of our strategy that have been effective.

We have started to make progress in Iraq against ISIS. We need to continue that. We have, in Libya, for instance, been very helpful during the revolution to help get rid of Gadhafi, which was a good thing.

But the strategy now in Libya is not helpful, because Libya is in a very difficult situation. There's not enough engagement by the U.S. and by other countries.

Yemen, let's wait and see. I think the U.S. is doing the right thing by not being overly engaged militarily in Yemen but at the same time supporting our allies like Saudi Arabia as they try to push the Houthi rebels back and try and coerce the two sides into a political solution.

CUOMO: David Tafuri, thank you for the take. Appreciate it.

TAFURI: Thank you.

CUOMO: Mick.

PEREIRA: Great conversation there, Chris.

All right. Republicans taking aim at Hillary Clinton over her refusal to meet privately with Benghazi investigators and about some questionable contributions to her family's foundation. Could all these issues derail her run for the White House?

(COMMERCIAL BREAK)

[07:28:22] CAMEROTA: Hillary Clinton facing even more questions this morning about foreign donations to the Clinton Foundation. And that's not all. Her campaign also sparring with the congressional committee investigating the Benghazi attack.

Let's talk about all this with Stephanie Schriock. She's the president of Emily's List, a PAC that supports Mrs. Clinton.

Nice to see you, Stephanie.

STEPHANIE SCHRIOCK, PRESIDENT, EMILY'S LIST PAC: Thank you. Great to be here this morning.

CAMEROTA: So as much as the Clinton campaign might want this book called "Clinton Cash" to go away, it is not. It appears to be gaining some traction. Even the "New York Times" is reporting on it. What's the campaign's plan to counter what it says in this book?

SCHRIOCK: Well, I really feel that the campaign has gotten ahead of this and gotten a lot of information out. Let's step back, the voters are too smart to fall for this right-wing conspiracy. We've got a discredited author who used to work for Karl Rove. And it's like a piece of political fiction.

CUOMO: Well, I see you've got your talking points. The -- yes, he has baggage, this guy, if you want to look at it that way.

SCHRIOCK: Yes, he does.

But that's not the same as disproving the allegations. We're not hearing that from the campaign. They did refile their 990s. What do you make of that? Because that adds smoke to the situation, that the organization we're talking about refiled some tax reporting. Is that suspicious to you?

SCHRIOCK: Well, you know, we're dealing with a massive organization who's done amazing work for those who need it the most across the world. Think about the Clinton Foundation and the work they've done...

CUOMO: But why refile the ones that go to the same...

SCHRIOCK: It's -- I think what we're dealing with is just a really big bureaucratic organization. I think this book, again, has been full of a lot of already discredited pieces. And I think that's more and more going to come out.

And I think we have to remember here is that this is not what the voters in this country are looking for in this campaign. They want to talk about the future, the economy, what is best for their lives. And the Republicans, this is their main strategy.

CAMEROTA: Let me give our viewers...

SCHRIOCK: This is the best strategy they have.

CAMEROTA: Let me give our viewers an example, from what's in the book, and this is one the "New York Times" has also run with. So the "New York Times" is taking the book and then doing their own investigation.

Here's one about a uranium mining company bought by a Russian shareholder. Here's what it says in the "New York Times" today.

"As the Russians gradually control -- sorry, assumed control of Uranium One -- that's the name of the company -- in three separate transactions from 2009 to 2013, Canadian records show a flow of cash made its way to the Clinton Foundation. Those contributions were not publicly disclosed by the Clintons, despite an agreement Mrs. Clinton had stuck -- had struck with the Obama White House to publicly identify all donors."

You know, they can just build this narrative that she hasn't fully disclosed things. And it makes, possibly, voters uncomfortable.

SCHRIOCK: Well, I think, again it's about what the voters are looking for here.

[07;30:02] And the Republicans have clearly made their main strategy in discrediting Hillary Clinton at every turn. You'd mentioned the Benghazi committee early as well. It's the same situation. They know they have to make this election about Hillary Clinton.