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The Lead with Jake Tapper

Outrage Grows Over George Floyd's Death. Aired 4-4:30p ET

Aired May 28, 2020 - 16:00   ET

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

[16:00:00]

ALISON KOSIK, CNN BUSINESS CORRESPONDENT: And that's why you're seeing that disconnect, part of (AUDIO GAP)

BROOKE BALDWIN, CNN HOST: Alison Kosik, thank you very much.

And before I let you go, just a heads-up. Any moment now, the FBI will be holding a news conference on the investigation into the death of George Floyd in Minneapolis. So, stay tuned for that.

I'm Brooke Baldwin. Thanks for being with me.

"THE LEAD WITH JAKE TAPPER" starts now.

ANNOUNCER: This is CNN breaking news.

JAKE TAPPER, CNN HOST: Welcome to THE LEAD. I'm Jake Tapper.

We begin today with breaking news in the national lead.

We are expecting a press conference from the FBI and local law enforcement officials any minute now on the investigation into the killing of George Floyd.

And this afternoon, Minneapolis officials and community leaders are calling for calm, as what started as peaceful protests after police killed Floyd, an unarmed black man, turned destructive, with dozens of fires reported last night in the unrest.

Floyd, of course, died after being pinned to the ground by a police officer, the officer's knee seen on his neck for eight minutes, even as he was saying that he could not breathe, the video sparking widespread anger over police brutality and racial injustice in the United States.

The vice president of the Minneapolis City Council, Andrea Jenkins, saying today, the protesters have every right to be angry, but no right to cause harm. And she said that racism should be declared a state of emergency and a public health issue.

(BEGIN VIDEO CLIP)

ANDREA JENKINS, VICE PRESIDENT, MINNEAPOLIS CITY COUNCIL: Until we name this virus, this disease that has infected America for the past 400 years, we will never, ever resolve this issue. (END VIDEO CLIP)

TAPPER: A lawyer for the Floyd family says that his loved ones also wants peace. All four officers involved in the killing of Floyd have been fired.

But, earlier today, Floyd's brother emotionally explained to CNN that there needs to be far more accountability.

(BEGIN VIDEO CLIP)

PHILONISE FLOYD, BROTHER OF GEORGE FLOYD: That was my oldest brother. I love him. I'm never going to get my brother back.

We need justice. We need justice. Those four officers need to be arrested.

They executed my brother in broad daylight.

(END VIDEO CLIP)

TAPPER: The White House earlier today said that President Trump is being briefed by Attorney General Bill Barr and by the FBI on the Floyd death and that the president was -- quote -- "very upset" after seeing the video.

Let's go straight to Sara Sidner, who is live for us in Minneapolis.

Sara, Minneapolis Mayor Jacob Frey is calling on the National Guard to help with the protests. Tell us about what you're seeing on the ground right now.

SARA SIDNER, CNN NATIONAL CORRESPONDENT: Jake, you can see why.

This was a Wendy's just a few hours ago, but burned to the ground. There are businesses all the way through and down the street that are completely burned.

So, Mike, if you will turn this way you will see the AutoZone were the first fire started. We watched the this fire start. It went up last night.

And you were seeing destruction upon destruction upon destruction. There was a lot of looting as well. Last night, though, it really, really exploded, people so angry about what happened with police and George.

(BEGIN VIDEOTAPE)

SIDNER (voice-over): In the aftermath of an explosion of anger born of pain, an apology today from Minneapolis' police chief.

MEDARIA ARRADONDO, MINNEAPOLIS, MINNESOTA, POLICE CHIEF: I'm absolutely sorry for the pain, the devastation and the trauma that Mr. Floyd's death has left on his family, his loved ones, our community here in Minneapolis and certainly across the country and the world. SIDNER: Minneapolis streets turned into a battlefield for a second

night over the death of 46-year-old George Floyd. The protesters first aimed their anger at police inside the precinct responsible for the arrest.

Protesters' water bottles and rocks and fireworks were met with tear gas, flash bangs and rubber bullets.

LEROY WILLIAMS, PROTESTER: They have been shooting me all -- look, I'm talking about all day.

By nightfall, the skies lit up with fires, several buildings engulfed. Across the street from the precinct, another scene, a target looted for hours until the inside was a smoky shell of itself. George Floyd's brother issuing a plea to protesters, but also understanding.

P. FLOYD: I want everybody to be peaceful right now. But people are torn and hurt because they're tired of seeing black man die.

SIDNER: And the events leading up to his brother's death were captured for the world to see, officer Derek Chauvin's knee pressed on Floyd's neck as he struggled to breathe.

GEORGE FLOYD, DIED IN POLICE CUSTODY: I can't breathe. I can't breathe.

SIDNER: At one point, the 46-year-old man, in agony, calls out, for his mother.

G. FLOYD: Mama. Mama.

SIDNER: The city's mayor calling on the county attorney to prosecute the arresting officer.

QUESTION: Do you think that was murder?

JACOB FREY (D), MAYOR OF MINNEAPOLIS, MINNESOTA: I do.

QUESTION: You do?

FREY: I'm not a prosecutor, but let me be clear. The arresting officer killed someone.

[16:05:05]

SIDNER: So far, Chauvin and the three other fired officers have not commented on the case.

Police have now released their complaint history. Only two officers have complaints lodged against them. Chauvin has the most with 18 complaints. He faced no discipline in 16 cases and was reprimanded for two.

Officer Tou Thao has one complaint still pending, six total lodged against him. He was sued for brutality in a 2017 case that settled out of court. Their last arrest ended in the death of a man pleading to let him

breathe. The only body cam video released so far is from another department.

(END VIDEOTAPE)

SIDNER: And that video from the Park Police, you can see really nothing of the incident. So it is unhelpful in trying to give more information.

What you can see now on here is -- again, this is the AutoZone that started burning last night. And just across the street is where the 3rd Precinct is. And you will see that, today, more protests, more people out here saying that justice needs to be served.

Now, we are expecting a press conference from the FBI in just a few minutes here. People are saying, look, we understand that there have been arrests in this case, very swift arrests for the four officers. But they want more. They want to see charges. They want to see this go to trial -- Jake.

TAPPER: All right, Sara Sidner on the ground for us in Minneapolis, thank you so much.

Joining us now to discuss, as we wait for the law enforcement press conference, Van Jones, CNN political commentator, and Laura Coates, a CNN legal analyst.

Laura, let me start with you. We know this press conference is coming any minute. It will include the FBI, but also the Hennepin County attorney, who would theoretically be the person to bring charges against any of these officers, if that were to happen.

What are you expecting from this event?

LAURA COATES, CNN LEGAL ANALYST: Well, given the swiftness of actually, the firing of the officers, if the Hennepin County attorney is inclined to pursue charges, which there is evidentiary reason to at least have probable cause to do so, she will likely outline the reasons why each charge would be there.

For example, under the umbrella of murder, you have got the idea of whether it's intentional or not, if it's premeditated or not, whether it's reckless disregard for human life, which seven to nine minutes of somebody's -- knee on someone's neck obviously shows a disregard for human life or the sanctity of it.

I expect her to outline the reasons why there'd be probable cause findings in this case, and also an examination briefly about whether the FBI would be looking at a color of law charge, which is what the FBI through the federal legislation looks at to say, is there some reason to believe that this officer under the color of the uniform, under that badge, was using that as a means to deprive someone of their constitutional rights?

The evidence seems to indicate that. We will have both of those explored today, I'm sure.

TAPPER: And, Van, two nights of protests in Minneapolis, one person fatally shot, businesses on fire, officers using tear gas rubber bullets, then more protests in Los Angeles and Memphis over the death of George Floyd, the killing George Floyd.

How are you reacting to what we're seeing nationwide?

VAN JONES, CNN POLITICAL COMMENTATOR: You know, it's it's been horrific.

A, I haven't seen the black community this impacted, this upset since April 29, 1992, with Rodney King verdicts coming down the way they did. You have to go back that far. Everybody that I talk to is sad. They say they're tired. There's a judgment against people, frankly, like myself, who've been saying, hey, we're going to pass laws.

They said they don't want to hear that anymore. They don't believe it anymore. And this is from top to bottom. People have lost faith. When you see a lynching (AUDIO GAP) lynching of a black man in broad daylight.

And something broke in this country when he died in that way. And so those of us who've been working inside the system have been saying, hey, we're changing laws, we have got bipartisan support, things are moving in a positive direction, they don't believe us anymore.

And something has to change. There has to be federal legislation. There have to be arrests, convictions. And we have to look in our own hearts, how did we get to this place?

TAPPER: And, Laura, Minneapolis police policy allows neck restraints, but only when a suspect is actively resisting.

From the cell phone video and security footage we have seen, there's no suggestion that George Floyd was actively resisting. In fact, you repeatedly hear him say, "I can't breathe," as the officer has his knee on his neck.

If these officers can prove that there was some kind of resistance at some point, might that complicate the task of the Hennepin County attorney, were he to bring charges.

COATES: It's a consideration, but it would not be a full explanation or a defense of behavior.

[16:10:02]

Resisting suffocation is not resisting arrest. Let me be clear with that. The code and the policy of the police officers is that they have to use only the amount of force necessary to repel a force against them.

This is a man on his stomach, handcuffed behind his back, gasping for air, calling out for help, bystanders looking at the same scenario and saying, he cannot breathe. And following the shooting death of Jamar Clark just a few years ago in Minneapolis, the actual policy manual of the P.D. department in Minneapolis changed to then require a duty to intervene of fellow officers who were looking at their colleagues viewing the use of force.

And if the amount of force being used was either excessive or no longer necessary to restrain someone, then they had a duty to intervene, hence the probably rapid firing of the other officers who were on the scene.

But to touch on one thing that Van talked about and the history of America, you know, I'm from Minnesota. The home I own was four blocks from where this man was killed. And I look at this and think we are 100 years from the anniversary of a tragic lynching of three black men in Duluth, Minnesota.

That led to significant changes in Minnesota, including by police officers, because these three men were removed from police custody by a mob and lynched, that there was some legislation that was created to try to hold those officers accountable for actions taken in front of them.

Now we're 100 years later. Philando Castile, Jamar Clark and countless other people outside of Minnesota find themselves still victim to an idea of police apparently turning a blind eye.

This is a community where we usually use the term my cup runneth over to exude some form of joy. Well, here is the cup running over of the exhaustion, of the trial and tribulation of waiting for justice to not only be a sentiment, but actually achieved.

TAPPER: And, Van, the Minneapolis Police Department has been the subject of frequent complaints about excessive force.

You heard Laura mention some of the more notorious incidents.

Derek Chauvin, the officer who put his knee on Floyd, had 18 complaints against him, only two of which merited disciplinary action. He's been fired, Chauvin.

But how do we prevent this from happening again? You talk about how people are exhausted with the concept of, OK, this law will do it or this law will do it. How do we make sure there are no more incidents like this?

JONES: Well, I tell you what, I don't have a great answer.

I will tell you this. We thought we got an answer. It's called body cams, that we just put body cams on all these cops and you could see what they were doing, that they would either stop or that the public would be so outraged.

These guys knew they had on body cams. There were people standing there with the cell phones out; 18 complaints should trigger a separate review. You know, just because you couldn't get all the way to disciplining the officer, demoting the officer, or firing the officer doesn't mean that the aggregation of those complaints should not trigger a separate review in a well-run department.

This is not a well-run department. And, unfortunately, there are very few well-run departments. The reality we have now is, we have got to look in the mirror.

In order with for that level of contempt for life to take place in broad daylight, with officers and bystanders, and nothing be done, that's the tip of a very big iceberg of disrespect, of contempt for human life, and a pattern and a practice from coast to coast, where, when someone gets out of a car, they're African-American, they're that tall -- and, frankly, I'm a little bit tall myself -- they are presumed to be a threat.

And everybody knows the script. Whatever you do to subdue that person is going to be considered -- quote, unquote -- "OK."

But in this case, he's not running. In this case, he doesn't have a weapon. In this case, he is stopped. If he -- whatever he did two minutes ago, three minutes ago, four minutes ago, five minutes ago, six minutes ago, seven minutes ago, he is begging for his mother, and nothing is done.

That lets you know that is not -- that doesn't happen just out of the clear blue sky. There have -- you build up to that level of contempt. You build up to that level of dehumanization and desensitization.

And you're now witnessing the outcome of that, of all these other little incidents that were gaslit and told, as black people, didn't really happen, or maybe you could have done this, or maybe she could have done that, but why did she say this, all these little things that we get gaslit over, until you finally have a culture of contempt for black life at the highest levels.

And that's what you're seeing. And so this is not going to be fixed only by legislation.

[16:15:00]

There needs to be legislation. But there are a lot of our white friends and allies I think are heartbroken, too, in a way that's surprising to them, because I think that they had hoped that somehow we had been overstating our case. They had hoped that somehow we were exaggerating just a little bit for some kind of advantage for affirmative action or taking things too harshly.

And you don't get to this outcome, if without there being a predicate, a predicate of contempt after contempt after contempt, not being corrected, in that department and in this country.

And so I don't have a legal answer and I'm telling you, I'm talking to people across the country. They don't want to hear from me anymore. They don't want to hear from any of us anymore. They've heard it from us over and over again and nothing has changed. So if you are white and are you watching this, look in your own life,

how are you choking off black dignity? Choking off black opportunity? Choking off black people from having an opportunity to thrive?

Because it's not just that officer. This is a much deeper problem. How are all of us police it in this? And how are all of us allowing this to happen?

I don't have an answer to that. I have not been this upset. I have not seen black people this upset in 20 years, longer.

And I'm looking forward to hearing this press conference. I don't know what we're going to do.

LAURA COATES, CNN LEGAL ANALYST: Well, you know, Jake, if I could, you know one of the --

JAKE TAPPER, CNN HOST: Yes.

COATES: -- reasons that Van is talking about the idea, I just want to quote Dr. King when he says that riot is the language of the unheard. And one of the reasons you are seeing a lot of this is not simply because we're looking to the police officers, but there is a remedy in place. It goes all the way to the Supreme Court of the United States. We have to take a sound look at qualified immunity that provides some transformation from qualified immunity to murder with impunity.

And until the Supreme Court of the United States reevaluates this judicially made decision to shield officers from immunity and from liability for actions under 1983, we won't see the incentivized need or the incentive we have among departments across the country to actually effectuate change. The powers of the purse lies in Congress, well, the powers of the purse also extends as an incentive for every police department who believes it can hide behind the Supreme Court's precedent regarding qualified immunity of law enforcement agents and officers.

TAPPER: Everyone, stick around. We're still -- Van, I'm going to come back to you. I need to squeeze in a quick break. We'll come back to you.

We're still waiting for this press conference from the FBI and local law enforcement officials and getting an investigation into George Floyd's killing. We're going to keep Laura Coates and Van Jones with us.

I'm also going to speak with George Floyd's partner who has said that her partner cannot die in vain. What does she want to see happen? That's coming up.

Stay with us.

(COMMERCIAL BREAK)

[16:22:05]

TAPPER: Welcome back to THE LEAD.

We are waiting for a press conference to begin at any moment with the FBI and local law enforcement officials in Minnesota to provide an update on the investigation into the killing of George Floyd.

CNN's Sara Sidner is in Minneapolis for us.

And, Sara, protests are continuing where you are as they have been since Mr. Floyd was killed.

SARA SIDNER, CNN NATIONAL CORRESPONDENT: That's right. You know, going on more than 48 hours.

Just giving you a look at the scene. So, you're looking at the pictures. This is what first started burning. We were here when this caught fire. It started billowing. Now, it's a shell of itself.

If you just turn here, just to give you an idea where everything is, this is the Target and Cub Foods. Last night, that turned into a free for all people were just going into those stores and taking out everything they could. And then this is the 3rd precinct police department where most people's ire is pointed towards.

And again you will notice a difference from yesterday. What you have seen is they have put up barricade. They put up fences. You will notice the damage done to the police department, which is why you see those fences and barricade. The police and protesters were facing off.

We'll go a little bit closer here, facing up yet again, where protesters are out here. Look, for most of the day, you saw this, Jake, there were peaceful protests, the water bottles and tear gas and flash bangs and rubber bullets that were fired in response. And then eventually police tried to push everyone out of this area.

They managed to push everyone out and down that street and then eventually retreated. That is when things got really, really out of control. People, things started burning. People started looting. Now they're back today.

But they want to be sure people understand where this is all coming from. It's coming from a deep, deep sense of pain and frustration that that I have, especially seeing this video. But it isn't just about the video. It isn't just about George Floyd. It's about a series of things that people in this area, in this neighborhood, mostly black and brown people, feel that they are treated differently by police than other people, that they are discriminated against, they are brutalized.

And so, the reaction to that has been this, how long this is going to last, we don't know. It certainly has been a very, very strong reaction. We are here for the other instances that got this into this sort of frenzy and anger from Jamar Clark to Philando Castile, all dying in police incidents, to George Floyd.

And you will hear that repeated over and over again here in Minneapolis. It isn't just about this one incident, although, looking at that video has people stunned, shocked. And you are hearing, that is I think a rubber bullet. That has just been fired.

Police are positioned on top of the 3rd precinct again today. You see them, they have bean bags. They're sometimes shooting rubber bullets, which we have picked up. Those really sting. We seen people hit by those.

When they see something thrown toward the department, they pick out the person and start pointing their non-lethal weapons at them and every now and then firing.

[16:25:10]

So, that's the situation right now, Jake. And we'll keep an eye on it for you as the day goes along.

TAPPER: All right. Sara Sidner in Minneapolis, stay safe.

Stick around. We are still standing by for the press conference from the FBI and local law enforcement officials in Minnesota giving update on an investigation into the killing of George Floyd.

We're going to squeeze in a quick break. We'll be right back.