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Yasmine Arrington's Scholar CHIPS Helps Students With Parents in Prison; Title 42 Expires; Subway Chokehold Death; Russia's War on Ukraine; Judge Strikes Down Handgun Age Limit; New Rules to Allow More Gay Male Blood Donors; Indicted Rep. George Santos Settles Fraud Case in Brazil; Church Shooting Suspect Charged With 98 Hate Crimes; Prison Break Suspect Captured. Aired 9-9:30a ET

Aired May 12, 2023 - 09:00   ET

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

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[09:00:00]

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YASMINE ARRINGTON, CNN HERO: Stigma around having an incarcerated parent.

ARRINGTON: Get (ph) ready for graduation.

WOMAN: Yeah. I'm now.

ARRINGTON: Congratulations! I'm so excited. What keeps me going? It's that proud Mama effect. To see our scholars just achieve and accomplish, and over time gain a sense of healthy confidence. Just a little bit of support can go a very, very long way.

It really is a snowball effect.

(END VIDEO CLIP)

POPPY HARLOW, CNN ANCHOR: Hmm. Go to CNNHeroes.com to nominate your hero. Thank you guys for being with us this week. Thank you guys for the Mother's Day flowers.

PHIL MATTINGLY, CNN SENIOR WHITE HOUSE CORRESPONDENT: Happy Mother's Day.

HARLOW: Happy Mother's Day to Chelsea and thanks for spending the week with us.

MATTINGLY: Thanks for having me. This was a blast.

HARLOW: Cut (ph) and thanks to Chelsea for taking care of four kids while you (ph) were up here.

MATTINGLY: Thanks, Chelsea. Thanks Chelsea. Time to go home.

HARLOW: Everyone have a great weekend. We'll see you Monday. WOMAN: Thanks guys. I'm--

SARA SIDNER, CNN ANCHOR: A stern warning from the White House. They say the crisis of the southern border is going to get worse after the pandemic era. Title 42 expired overnight. We're live in Brownsville, Texas with the latest.

KATE BOLDUAN, CNN ANCHOR: A military veteran is accused of choking a homeless man to death on a New York City subway, and he just turned himself in now to face charges. The tragedy also spotlighting with safety and security means today.

JOHN BERMAN, CNN ANCHOR: Brand new video into CNN, Ukrainian troops on the attack, and making gains in Bakhmut. This as U.S. officials say they are preparing for an even larger advance. All this coming in to CNN News Central.

SIDNER: This morning, Title 42 is over. Homeland Security officials are warning the critical situation at the southern border may now get worse. The surge has been happening for days. Now you're looking at video behind me from Yuma, Arizona, as migrants stood in long lines to try to cross in overnight.

Thousands more this hour are just steps away from entering Texas, but they're now facing new asylum challenges. The Secretary of Homeland Security had a stark warning. Don't believe the smugglers, the border is not open.

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ALEJANDRO MAYORKAS, HOMELAND SECURITY SECRETARY: We've been very, very clear that there are lawful, safe, and orderly pathways to seek relief in the United States, and if one arrives at our southern border, when it's going to face tougher consequences, and that is what we are going to deliver.

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SIDNER: This morning a new wrinkle, a federal judge has temporarily blocked the Biden administration from continuing a migrant release policy designed to alleviate overcrowding at immigration holding facilities. All this as illegal border crossings have reached the highest levels ever at over 10,000 people per day.

We have teams covering every angle of this story at the border and in Washington. Let's first go to Brownsville, Texas. Check in with CNN's Nick Valencia, who has been there for a while now. Nick, you've been talking to people, but I'm curious at this time, are you seeing anything different today, for example, than you did yesterday or the day before that?

NICK VALENCIA, CORRESPONDENT: There's really no more people on the streets of Brownsville today than there were yesterday, Sara, and I know there were fears of an influx or a so-called surge, but we really just didn't see that happen overnight. We did see about 30 police cars from the Brownsville Police Department line the border entry as a sort of show of force and to assist customs and border protection agents in their efforts as Title 42 ended.

But looking behind me here, it's a pretty thin crowd, you know, until the, you know, we've heard the warnings from the DH secretary Mayorkas about, you know, why they shouldn't come, why migrants shouldn't come, but until conditions get better in the home countries, people like Johan and his family are going to continue to come.

We want to introduce you to him. He's 14 years old. His mother has given us permission. Johan, how was your journey from Venezuela? You come from the country, right?

It was a very significant feat here. It was very, very difficult.

Was it very dangerous? Why was it so hard?

Can you tell me one more time? I couldn't hear you because the bus just went by. Why was it so difficult?

Just going through Columbia. Yeah. And it's just the, going through the forest there and the jungle in Columbia. What are you searching for? What do you want here in the United States? You want a new life here? And (ph) a better life?

What do you want to be when you grow up?

[09:05:00]

You want to be a soccer player?

Or maybe become a doctor to help your mom out?

So, you know, as you see here, Sara, you know, it's people here as young as 14, his brother is four years old. His family all came together. They just got out of detention yesterday morning, and they're waiting here to gather enough money to get onto their next destination. Most of these individuals that we're speaking to, they're just here for a better future and looking for a better life. Sara.

SIDNER: Nick Valencia, thank you for those personal stories that you've been bringing us all week. It's much appreciated. And we do know, you know, there has been complaints and worry from officials on the ground in places like Brownsville and border towns. Priscilla Alvarez., now to you, this decision by a federal judge in Florida that temporarily stops the Biden administration from continuing a quicker release of migrants.

What is this going to to mean ultimately?

PRISCILLA ALVAREZ, CNN WHITE HOUSE REPORTER: Sara, it strips the Biden administration from a key tool to alleviate overcrowding as we've been talking about throughout the week. The border facilities are stretched to capacity, and these are border facilities that are akin to jails. They're not suited to have people for long periods of time, so the administration was preparing a way for them to release people.

Some of them without a court notice, but with a requirement to report to an immigration and customs enforcement office. This is a common tactic, common strategy with administration's a way, for example, to release people, but for 14 days, the Biden administration cannot do this.

Now I spoke to a source this morning who told me when there was planning for the end of Title 42, they baked in the fact that they were probably going to face legal challenges. This has been the case for the Biden administration over the course of the last two years as he's rolled out immigration policies and Homeland Security Secretary Alejandro Mayorkas.

The (ph) Department of Justice is reviewing what they can do about this decision and also that it is harmful for the reasons that I outlined earlier. It could cause more overcrowding at border facilities, but really this is one of the measures the administration is taking to try to manage the flow of migration and the flow at the U.S. Mexico border.

Mayorkas speaking to that this morning and what they hope will be success in a few days, take a listen.

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MAYORKAS: We've seen success, we will achieve success. It will take time. And to avoid, to avoid the number of people arriving at our southern border, we need to fix the broken immigration system. And by the way, a broken immigration system that was dismantled by the prior administration.

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ALVAREZ: And that's the key, Sara.

This is an outdated system that is now facing historic numbers. That's why the administration has been calling on Congress to pass reform. And look, I've been talking to Homeland Security officials all week, and they tell me the question now is, how long will a surge continue? What does it look like? And how quickly can those measures take quick effect?

SIDNER: And as Nick points out, that search today, looking very much like it has over the past few days. Priscilla Alvarez, thank you so much. Appreciate it. John.

BERMAN: All right, Sara. Developing over just the last few minutes, the man accused of killing a homeless street artist on a New York City subway surrendered to police.

There's the pictures of it right there. He is inside the precinct now. We expect to see him again very shortly as he heads to court. Daniel Penny is facing second-degree manslaughter charges in connection with the death of Jordan Neely. Neely died after Penny put him in a choke hold on that subway.

Witnesses say on May 1st, Neely got on the train acting erratically. They say he was shouting at passengers, but there are no reports that he physically attacked anyone. Then video shows Penny wrapping his arms around Neely's neck, forcing him to the ground. Witnesses say he held him there for several minutes until Neely stopped breathing.

His death was ruled a homicide, though it took nearly two weeks to file charges. The video sparked protests and calls from the city's mayor to revamp services for the homeless. Neely was known by many in New York City for his Michael Jackson impersonations. His family tells CNN he had been suffering from mental health issues since 2007 when he found his mother's body inside a suitcase.

In recent years, Neely had been put on the city's top 50 list of homeless people with acute needs. His funeral will be held next Friday. Kate.

BOLDUAN: And Penny's lawyers have previously said that he risked his life to save other passengers, and just after Penny arrived at the precinct last hour, his attorneys spoke to reporters and cameras that were standing outside.

CNN's Omar Jimenez is outside the police precinct. You were there as Penny entered. What are his attorneys saying today?

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OMAR JIMENEZ, CNN CORRESPONDENT: Yeah, Kate. They're saying a little bit of what we heard from in their statement saying that this was someone, their client Daniel Penny, was someone who was defending, not just himself, but those in the subway car around. Now, people that have been protesting argue the absolute opposite.

Now he's been inside this police precinct, behind me here for about an hour. He got here a little bit after 8:00 AM Eastern time. Walked in, did not say anything despite some shouts from reporters. Wearing a suit with some vans as he walked in, seemed at least calm on the outside. But of course, we don't know everything that's happening on the inside as well as we understand is to face a charge of second- degree manslaughter.

And shortly after he went in, his attorney, one of his attorneys, Thomas Kenniff, came out and gave a statement, which actually may give us a brief glimpse into part of their strategy in their defense.

Here, take a listen.

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THOMAS KENNIFF, ATTORNEY FOR DANIEL PENNY: He's dealing with the situation, like I said, with the sort of integrity and honor that is characteristic of who he is, characteristic of his honorable service in the United States Marine Corps. And, you know, he has had held.

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JIMENEZ: Now Daniel Penny, 24 year old, U.S. Marine veteran. That's part of why his attorney referenced that. And on the other side of things Jordan Neely. So his family attorneys are expected to make a statement a little bit later this morning to react, but they have been calling for this arrest since this happened.

Obviously it's been more than a week's time at this point, and that's part of what's driven a lot of the protests here, that bottom line, people feel that no matter what happened leading up to this hold, that they don't feel this should have resulted in death. But later on, he will be in court, expected to be arraigned as this process continues.

BOLDUAN: All right, let's see. And it begins. Thank you, Omar. Appreciate it. John.

BERMAN: Alright. New this morning. Exclusive video of intense fighting in Bakhmut. As Ukrainian forces begin, what could be a lasting advance against the Russians.

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BERMAN: That was Ukraine right there. In addition to that, a setback in the fight for gun safety. A federal judge rules that a law banning the sale of handguns to buyers between the ages of 18 to 21 is unconstitutional. And for the first time in nearly 40 years, the FDA drops restrictions that kept many gay and bisexual men from donating blood.

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BOLDUAN: On our radar. This morning, Congressman George Santos now facing federal criminal charges in the U.S. of course, has also just settled a separate fraud case in Brazil. His attorney says that he signed a deal with authorities in Rio de Janeiro to avoid prosecution.

In exchange, Santos had to confess to defrauding a store clerk of more than $300 worth of clothes, shoes back in 2008. He also must pay nearly $5,000 in reimbursements and fines. And now the man accused of carrying out a mass shooting at a church in Orange County, California, he now faces nearly 100 counts of federal hate crimes.

Prosecutors say he killed one person, attempted to kill 44 others in the attack. It was last year at the Geneva Presbyterian Church in Laguna Woods. If convicted, he would face a life sentence without parole or the death penalty. The FDA has now finalized new rules that will allow more gay and bisexual men to donate blood.

The agency yesterday eliminated restrictions that had prohibited many gay and bisexual men from blood donations. It was a longstanding policy that critics called discriminatory. It dates back to the early days of the AIDS epidemic and at the time intended to protect the blood supply from HIV.

Now, all potential donors will now be asked the same questions about the number of sexual partners and types of sexual encounters without specific reference to sexual orientation. Sara. SIDNER: Happening right now. Ukraine is gearing up for a major counter offensive, but this morning, incredible new video into CNN of Ukrainian troops in a firefight, watch.

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SIDNER: That's what the fighting looks like on the ground. It shows Ukraine's military attacking Russian forces near the city of Bakhmut. A senior U.S. military official says Ukraine has begun striking Russian targets, including weapons depots, command centers, and armor and artillery systems officials say it's a standard tactic that helps prepare the battlefield for advancing forces,

CNN Senior International Correspondent Sam Kiley is Dnipro province. Sam, President Zelensky says that he needs a bit more time before that counter offensive is going to be launched. What are you hearing this morning on the ground?

SAM KILEY, CNN SENIOR INTERNATIONAL CORRESPONDENT: Well, clearly the battle for Bakhmut has gone now in a dramatic direction in favor of the Ukrainians with this counter attack that they've launched locally. This is a tactical move, not part of the widest strategic offensive, although of course, it may well develop into an opportunity for the Ukrainians to prosecute further.

Now, the Ukrainians have told Nick Robinson and his team that they actually overrun positions controlled by Wagner and that it was Russian regulars who stood in fight in direct thought (ph). Directly in contradiction, Sara, to what the Prigozhin, the leader of the mercenary organization has been claiming.

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SIDNER: He's also been complaining about a lack of ammunition, in particular artillery ammunition. Again, something the Ukrainians say, they certainly haven't seen any evidence of on the front line. I think what they, that spat has been something of a sideline, but it does indicate what might just be an opportunity for the Ukrainians to exploit poor communications and coordination among the Russian armed forces, if that is the pattern.

Elsewhere along this very long 1300 kilometers, 800 mile front line, when they do launch their offensive, then a lack of coordination is exactly what they're going to try to exploit in trying to punch through the Russian line. So it bodes pretty well for the Ukrainians at a tactical level. In Bakhmut, they say they've captured about an extra couple of kilometers, both in the north and the south of that contested city. Sara.

SIDNER: Sam Kiley, thank you to you and your crew for bringing us up to the minute information. Thank you for being there and stay safe. John.

BERMAN: All right, thanks Sara. Let me just show people again this video that CNN has obtained of the Ukrainians advancing on Russian positions in Bakhmut. You can see them here going after rarely (ph) a foxhole.

There, a fortified foxhole and you can see it blowing up there. Joining me now is CNN Military Analyst, retired Air Force Colonel, Cedric Leighton. Cedric, it's great to see you. I want to put this in perspective because this is where we are seeing that video of the fighting. In the Eastern region in Bakhmut.

You say, when you think about the possibilities of a Ukrainian counter offensive, we should be looking in the Zaporizhzhia region here down to the sea of Azov, and then maybe around Kherson here, where you can see the Ukrainians hold the yellow. The Russians still hold the red territory. So explain how what we're seeing in Bakhmut relates to what could be a Ukrainian counter offensive.

CEDRIC LEIGHTON, CNN MILITARY ANALYST: Yeah, John. That's exactly right. So there are going to be a whole different series of tactical moves that we saw through Sam's reporting just right now. And the key thing to think about here is that the Ukrainians are probably going to go in several different directions. Some of them will be faints, some of them will be the actual offensive, and it'll be hard at the moment that they happen.

It'll be hard to tell which one is which. And that's probably on purpose and really wise tactically for the Ukrainians to do this. So what we'll see is fighting in Bakhmut, if they can recapture portions of that city, which that seems to be what's going on right now, that's going to be really good for the Ukrainians, for their morale and for momentum.

And quite frankly, war is often about momentum. When you look at some of the other things that are going on in Zaporizhzhia, in the Kherson area, there are going to be some challenges for the Ukrainians there. But if they can overcome the obstacles, the very literal obstacles in many cases, they will be able to break the land bridge to cut that land bridge between Crimea and the Donbas region.

And that will be a major achievement for them as they move forward into the summer season.

BERMAN: I want to talk about the storm shadow missiles, more about the storm shadow missiles, which the United Kingdom is providing to Ukraine. I have some specs of it up here. You can see the real issue is the longer range of 155 miles.

Now, we've talked about this for a few days, but today I think we have a map which shows why this is significant. 155 miles would allow these missiles to be fired from Ukrainian held territory all the way to the bottom of the Crimean Peninsula. Cedric, why would that be important?

LEIGHTON: So this is critical, John, because what this does is it gives the Ukrainians the ability to hold at risk all the Russian bases that are in Crimea.

And Crimea is considered by the UK, by the U.S., by NATO, to be Ukrainian territory. And that very fact will allow the Ukrainians to move forward. Those 155 miles are going to be critical because the Russians have the Black Sea fleet there. They have their special. Forces stationed there. They have an airbase.

There's several air bases there. They have the ability to launch attacks against Ukraine from Crimea. And if Crimea is in the range of these missiles and the Ukrainians use them effectively, the Storm Shadow is going to have a major impact on the Russians ability to carry out operations. It will severely interdict them if it's used properly.

BERMAN: Yeah, you could see that range. It almost exactly lines up with the ability to cover the entire Crimean Peninsula. Hardly seems a coincidence. Colonel, always a pleasure. Thank you so much. Kate.

BOLDUAN: A judge in Virginia strikes down a federal ban on gun sales to people as young as 18 years old. What this latest move means now in the ongoing fight over gun restrictions in America, and one prisoner captured, another still on the run after escaping a Philadelphia prison through a hole in offense What we're learning now about the woman who police say, help them break out. That's next.

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BOLDUAN: In Virginia, a federal judge just declared unconstitutional a set of rules that had banned people between 18 and 20 years old from buying handguns from federally licensed gun dealers. Now the judge citing the second amendment of protections writing this in the conclusion, in this ruling, because the statutes and regulations in question are not consistent with our nation's history and tradition, they therefore cannot stand.

That is from the judge in this ruling. In addition, 18 to 20 year olds can already buy a handgun in Virginia, but only through private and unregulated dealers, which was an interesting fact in all of this. Supporters of this ruling from the judge say the decision makes handguns sale safer and more regulated. Critics so (ph) argue this move now makes it easier for younger people to get their hands on guns.