Return to Transcripts main page

The Lead with Jake Tapper

Do You Have Free Speech On Social Media?; Military Warned About ISIS Attacks At Home; Who Will Replace Defense Secretary Hagel?; Retailers Disappointed With Holiday Sales

Aired December 01, 2014 - 16:30   ET

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

PAMELA BROWN, CNN JUSTICE CORRESPONDENT: This case centers on a man by the name of Anthony Elonis who posted some harrowing messages on his Facebook page, seemingly directed at his estranged wife, at an FBI agent, even a local kindergarten class. Let me just share with you a couple of his posts, one of them seemingly directed at his estranged wife said, "One way to love you, a thousand ways to kill you."

Another post, he wrote -- he talked about dumping her body in the creek and making it look like rape or murder. I spoke with the defendant's attorney and he says those posts were an artistic expression, they were therapeutic, that his client didn't mean to harm anyone.

He said it's similar to the way a rapper blows off steam in a rap song. Here's what he had to say about that.

(BEGIN VIDEO CLIP)

JOHN ELWOOD, ATTORNEY: He said, this is therapeutic for me. It's just for me, not for anybody else. There's a reason why all these graphic songs are written and that they are cathartic. They work through experiences.

When Eminem wrote these things, he hasn't been prosecuted for a felony for writing his songs, which are virtually indistinguishable about his ex-wife.

(END VIDEO CLIP)

BROWN: So today and during oral arguments, the attorney, John Elwood, argued that what should matter here is the intent of the person behind the post. He used the example of how so many teenagers have been prosecuted for essentially shooting off their mouths and making ill- timed sarcastic comments and then landing behind bars.

On the other hand, the government said today that what should matter is how a reasonable person would perceive the threats especially given the context. The government using the analogy of a bomb threat saying, it doesn't matter how harmless it is. What matters is the panic and disruption it causes. And they use these Facebook posts as an example of that -- Jake.

JAKE TAPPER, CNN HOST: And Pamela, this, of course, has been a court that's been very protective of the first amendment right of free speech. Did it appear that the court, at least, the majority of its members feel the same way from what they said during arguments this morning?

BROWN: What it appeared today, Jake, is that this is going to be a tough case for them. You're right. This court has gone to great lengths to protect the first amendment.

In fact, today, Justice Sotomayor said that, we are loath to make exceptions to the first amendment. But yet it seemed like the justices also see the other side of this case, the government side.

In fact, Justice Alito acknowledging what domestic violence victims may go through said, this sounds like a roadmap for threatening a spouse and getting away with it. So you put it in a rhyme and you say, I'm an aspiring rap artist and so then you are free from prosecution.

And then talking about what the defendant's attorney says where what matters is the intent. Justice Ginsberg said, "How does one prove what's in somebody else's mind? This case, the standard was would a reasonable person think that the words would put someone in fear.

And the reasonable people can make that judgment, but how would the government prove whether this threat in the mind of a threatener was genuine?"

And on the other side, you know, Justice Roberts saying, "But what about the budding rapper who is writing his first rap song who was just expressing himself online? That person shouldn't be prosecuted for doing that." So it really seems like this is going to be a tough case and likely close decision by the justices.

TAPPER: All right, Pamela Brown, thank you so much.

In our "World Lead" today, an FBI warning for U.S. military members, watch what you post online even remove old posts because ISIS might be watching. Why law enforcement thinks individuals may be targeted based on their social media comments, that story next.

(COMMERCIAL BREAK)

TAPPER: Welcome back to THE LEAD. I'm Jake Tapper. In our World Lead today, the threat from ISIS against the U.S. military here at home. A new intelligence bulletin released by the FBI and the Department of Homeland Security warns service members to be careful what they post online because it could leave them vulnerable to attack.

Officials say they've detected increased chatter from ISIS operatives overseas calling for home-grown Jihad in the United States. CNN chief national security correspondent, Jim Sciutto, has been digging into this and he joins me live -- Jim.

JIM SCIUTTO, CNN CHIEF NATIONAL SECURITY CORRESPONDENT: So here's what's new. There have been previous FBI bulletins warning about ISIS encouraging attacks on U.S. service members. This one is different and that's because it includes new information that ISIS members overseas have been assessing and spotting like-minded people here in the U.S.

Based in part on their social media postings, who may want to carry out such attacks, what amounts to an online recruiting effort for attacks here on U.S. soil.

(BEGIN VIDEOTAPE)

SCIUTTO (voice-over): An attacker shoots a Canadian soldier dead in Ottawa. Another runs over two soldiers with his car killing one, both attackers allegedly inspired by ISIS. Now a new FBI bulletin warns that ISIS members are, quote, "spotting and assessing like-minded individuals in the U.S. who would carry out attacks on members of the American military on U.S. soil.'

The first time an FBI bulletin has included such a warning. The bulletin cites the attacks in Canada as reason for increased vigilance.

UNIDENTIFIED MALE: All the commanders across all branches of the services are very concerned about it. They're reminding soldiers, airmen and Marines to be careful of their surroundings, to walk in pairs, to not wear uniforms when you don't have to.

SCIUTTO: The FBI is warning members of the U.S. military to be aware of and review their online social media postings as well. The goal is to make themselves less of a target to a terror group with an unrivaled and aggressive online operation.

The bulletin obtained by CNN advising members of the military, quote, "to use caution and practice operational security when posting." One grave concern of U.S. counterterror officials is its so-called lone wolf attacks require very little planning and little, if any, direct contact with ISIS commanders abroad.

UNIDENTIFIED MALE: The new phenomenon that I see that I'm very concerned about is somebody who's never met another member of that terrorist organization, never trained at one of the camps, who is simply inspired by the social media, the literature, the propaganda, the message to commit an act of violence in this country.

SCIUTTO: U.S. law enforcement posted this warning now in advance of the upcoming holiday season. Many members of the U.S. military travel in uniform.

(END VIDEOTAPE)

SCIUTTO: The timing of this warning based on the upcoming holidays. But also the recent attacks in Canada, which the bulletin says might, quote, "emboldened copycat attacks here on U.S. soil."

TAPPER: Jim, while you're here, I want to ask you about this report that ISIS is working on a dirty bomb from uranium that they got from an Iraqi university. What are officials saying about that? SCIUTTO: I spoke to U.S. counterterror officials today, they said that they find it credible that ISIS -- when they took over Mosul University -- this is the claim. At both hospitals and universities, research facilities, you would have uranium in those facilities that they could take and possibly fashion around explosives to make a dirty bomb.

They say that's credible and of course, a serious threat on the ground in Iraq and Syria, but they consider it a localized threat. They're not concerned about ISIS say putting this on an airplane and attempting to set off a dirty bomb in Europe or the U.S.

TAPPER: All right, Jim Sciutto, thank you so much.

The U.S.-led campaign against ISIS and other terror groups across Iraq and Syria continued over the weekend with heavy air strikes. CNN Pentagon correspondent, Barbara Starr joins me live.

Now Barbara, what do we know about the targets that they are trying to hit? How effective are these strikes?

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Well, I have to tell you, Jake, over the weekend, some very interesting unique targets hit by the coalition. Let's look first at Syria. There were 17 strikes around Kobani. Of course, that's a place that the coalition always is attempting to push ISIS back in the last several weeks.

But moving on, Raqqa, look at that, that's the place that ISIS declares to be its headquarters, essentially, and there were a number of strikes there, nine of them, including one against a declared -- what the U.S. believes was an electronic warfare garrison.

Just a few moments ago, a military official explained to me this electronic warfare garrison was a place that the U.S. noticed was containing some jammers and there was a lot of concern this equipment could be potentially used by ISIS to jam U.S. aircraft, U.S. radars.

Quite concerning, also in Aleppo, another air strike against the Khorasan Group, that al Qaeda group that the U.S. says is trying to attack the United States. Over in Iraq, there were 13 strikes in and around Mosul.

This is very interesting because what we have reported and we already know is that the U.S. is assisting the Iraqi forces in their move to get ready to try and retake Mosul from ISIS.

This is a move we expect Iraqi forces to make sometime next month. Certainly the U.S. prepping the ground, if you will, looking at striking every ISIS target it can around Mosul -- Jake.

TAPPER: Barbara, while I have you, the people who work in the building in which you are broadcasting right now, the Pentagon, still don't know who their next boss is going to be.

Last week, Chuck Hagel said he was going to be stepping down, to be polite, and it's very weird because we keep seeing names floated and names taken down. It's almost like a game of musical chairs there. What are you hearing about who the next secretary of defense might be?

STARR: We see a lot of names bowing out, people saying they don't want to be considered for the job. All the indications this afternoon, Jake, are the next secretary of defense likely, possibly to be a man named Ashton Carter, longtime operative around the Pentagon. He served as Hagel's deputy until last year.

He has had years of various jobs around here. That's a big plus for him. He knows the building. He knows the Pentagon. He knows the U.S. military. At one point, he was the top weapons buyer for the Department of Defense.

That gives him a lot of expertise in the multibillion-dollar defense budget and working with Congress, which is looking at budget cuts. One of the big pluses is he may be essentially the last man left standing, the candidate of attrition, as everyone has pulled out of the race.

Ash Carter still by all accounts very interested in having the job and relatively easy, it is believed, that he will get confirmed by the Senate Armed Services Committee which, of course, after the new year is going to be chaired by Republican Senator John McCain of Arizona, pretty much a hawk against the Pentagon's policies in Iraq and Syria -- Jake.

TAPPER: All right, that key qualification saying, yes. Barbara Starr, thank you so much.

When we come back, ever wondered how Amazon is able to ship your items so quickly no matter what you buy? We'll show you their odd method when we go live to their nearly 1 million square foot fulfillment center next.

Plus, in Pop Culture, the stare that scares is back. Netflix making a big announcement about Frank Underwood's return.

(COMMERCIAL BREAK)

TAPPER: Welcome back to THE LEAD. I'm Jake Tapper. In our Money Lead today, big business is hoping to cash in on Cyber-Monday. The day after Thanksgiving traditionally marks the start of the holiday shopping rush. But according to the National Retail Federation, shopper traffic over the weekend was down, 5.2 percent compared to last year where spending was down 11 percent.

A big reason for the decline, we're told, is companies are offering the best deals ever earlier than ever. So how busy are online retailers such as amazon.com today?

Stephanie Elam is live at Amazon's Fulfillment Center in San Bernardino, California, where they're trying to make sure your packages arrive on time. Stephanie, take us through all the craziness of what's happening behind you.

STEPHANIE ELAM, CNN CORRESPONDENT: It's pretty amazing, Jake. You know, for retailers, this is the most amazing time of the year, the most wonderful time of the year because it's when they make so much of their money.

Here at this facility in San Bernardino, it's the size of 28 football fields and holds 15 million products. There are five of these fulfillments in California and there are 100 around the world. And when you look at how efficient they are, last year on Cyber-Monday, 426 orders were placed per second, per second.

And they expect to top that this year. I want to show you exactly how they do it because after you get your item picked and they have to put in it a box and ship it to you, it comes over here. This is Kathleen. Tell me what you're doing.

UNIDENTIFIED FEMALE: I'm packing out customers' orders for Black Friday.

ELAM: How do you know where to send them?

UNIDENTIFIED FEMALE: After we scan it, we scan it here and they give the information that our shipping labels get put on and sent to the correct customers.

ELAM: This little sticker is extremely important.

UNIDENTIFIED FEMALE: Very important sticker.

ELAM: Thank you, Kathleen. You always see that sticker on the box but you don't know what it does. That makes sure it gets to the right people. There are eight miles worth of conveyor belts in this one building alone. And some of them go 25 miles per hour.

They're speeding through getting these packages out, getting them to the customers. This is Scott. Tell me, the labeling system here is so intricate. How important is it to make sure these boxes get where they need to go?

SCOTT STANZEI, AMAZON SPOKESPERSON: It's so important to meet that delivery time we promised to the customer. This whole process is about making sure we effectively get the right product to the right person at the right time based on when they placed the order.

This is a very sophisticated machine that scans the product, makes the label, applies it and decides the shipping partner that we use in a matter of basically a few feet and a few seconds.

ELAM: From that machine to this machine?

STANZEI: To this machine.

ELAM: And this machine also doesn't actually touch the box.

STANZEI: It doesn't. It's supplying these labels in a very sophisticated way where it blows it down onto the box.

ELAM: And what else is interesting is when you look at it and you're online at Amazon and it says order within the next hour and 31 minutes. You really mean the next hour and 31 minutes? STANZEI: That's right. Because we've considered all the factors that would go into the ordering process, how long it takes to pick it off the shelf, pack it in the box, get it through the line and out to UPS or whomever. We want to get it to you on time particularly at the holiday season.

ELAM: Particularly at the holidays and it is amazing to watch, Jake. It is really efficient around here.

TAPPER: All right, CNN's Stephanie Elam in San Bernardino, California. Thanks so much.

Wolf Blitzer is here right now. Wolf, you've been watching these protests around the country. You're going to be speaking to one of the Brown family attorneys on your show?

WOLF BLITZER, CNN HOST, "THE SITUATION ROOM": Yes, Benjamin Crump is going to be joining us live. We'll get his thoughts on what's going on around the country. And also should the president come to meet with the Brown family in Ferguson, Missouri? Should he go there at all?

We'll get the thoughts of him. And we'll be speaking with lawyers for Darren Wilson, the police officer who resigned over the weekend from the Ferguson Police Department. We'll watch all these developments. As it gets dark over there, hopefully it will remain quiet on the streets throughout the country.

TAPPER: All right, that's in "THE SITUATION ROOM" coming up in just 7 minutes. Wolf Blitzer, thank you so much.

Coming up on THE LEAD, if you spent Thanksgiving weekend watching any blockbuster movies on your computer for free, you might have Kim Jong- Un to thank for that. Why Sony thinks Kim Jong-Un might be behind a hack that has Hollywood totally freaking out. Coming up next.

(COMMERCIAL BREAK)

TAPPER: Welcome back to THE LEAD. Some breaking news in the Pop Culture Lead, he is arguably Temple University's most famous former student, but today after an avalanche of new and resurfacing rape allegations, Bill Cosby is resigning from Temple University's Board of Trustees.

Cosby released a statement today saying, quote, "I have always been proud of my association with Temple University. I've always wanted to do what would be in the best interest of the university and its students. As a result I have tendered my resignation from the Temple University Board of Trustees." Temple also responded saying it accepted Cosby's resignation and thanked him for his service to the school."

The start of the holiday movie blitz isn't what Hollywood was hoping for. "Mocking Jay," the latest in the "Hunger Games" series captured $57 million Friday to Sunday beating out new releases "Penguins" and "Horrible Bosses 2." But overall, fewer Americans went to the movies this Thanksgiving weekend. Box Office sales were down 20 percent compared with 2013 when the previous "Hunger Games" films and "Frozen" took in the two highest Thanksgiving hauls ever.

Then a comedy about North Korea provoked the country to hack Sony Pictures even the idea as the FBI reportedly investigating? Sony believes the hackings could be revenge for its new movie called "The Interview," which plot revolves around James Franco and Seth Rogan and an attempted assassination of North Korean leader, Kim Jong-Un.

Months ago, North Korea called the movie an act of war and hinted of consequences to come. Right now, at least five other new Sony films are on file-sharing websites and just last week, someone hacked Sony's office e-mail. Employees had to rely on telephone calls for communication.

And cue the dramatic music, now's the time I look to the camera and talk like Frank Underwood. We learned when Netflix will bring him back and his power-hungry wife. You can start binge-watching "House of Cards" next February 27th.

It's the first online only TV series to be nominated for both primetime Emmys and Golden Globes. More than a half million people watched the last season's 13 episodes in just the first week.

Make sure to follow me on Twitter @jaketappe. That's all one word and also @theleadcnn. That's it for THE LEAD. I'm Jake Tapper. I now turn you over to Wolf Blitzer. He is right next door in "THE SITUATION ROOM" -- Wolf.