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U.S. Border Encounters Down Since Title 42's End; U.S. Border Encounters Down Since Title 42's End; Setbacks for Russia as Zelenskyy Rallies Ukraine's European Allies; Victim's Families Sue Social Media Companies Over Buffalo Mass Shooting; Lawsuit Alleges Social Media Companies Radicalized Buffalo Shooter. Aired 10-10:30a ET

Aired May 15, 2023 - 10:00   ET

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

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SARA SIDNER, CNN HOST: Migrant slowdown a stunning drop in U.S. border encounters despite fears of a post Title 42 surge, fewer and fewer asylum seekers are trying to cross in but officials warn this may not last.

JOHN BERMAN, CNN HOST: What could be a telling setback for Russia for military aircraft down over Russian territory? What this says about Ukrainian capabilities?

KATE BOLDUAN, CNN HOST: A Florida teacher shows a Disney movie to her students and now she's under investigation by the state these stories and more all coming in to CNN News Central.

SIDNER: The intense surge of migrants at the U.S. Mexican border after the end of the COVID era Title 42 has not happened. The Secretary of Homeland Security warned of the surge but the biggest rush of people across the border so far, we're in the days before Title 42 ended when crossings were topping 10,000 a day.

Now they're just over 4000. What has not slowed down is the bitter politics surrounding immigration. The Texas governor did it again sending migrants to be dropped off outside of Vice President Kamala Harris's home.

Let's go now to CNN's Polo Sandoval, who was live in the border town of El Paso. Polo, for a week that we saw large numbers of people and real fear that the folks there could not contain or deal with the number of people coming over, how is it different today?

POLO SANDOVAL, CNN CORRESPONDENT: So if I were to sort of summarize it in one headline for you, Sara, you do have fewer apprehensions, but in terms of the strain on the system that has remained constant, all you have to do is really look over my shoulder to get an idea of it. Now, I can't show you these pictures without important perspective.

Many of the people that you have here had some important context. The folks who spent the night in a sidewalk just outside of a shelter here in downtown El Paso, these are folks, just a few dozen of them compared to what we saw last week are folks who have been detained, processed by federal authorities and then released under the Title 8 procedures.

They are now waiting here to see what will happen next, many of them in fact all of them say they plan to continue with their journey. 122 year old Venezuelan man told me he already has a bus ticket for tomorrow, he's heading to Denver, Colorado, which is by the way, are the popular destinations.

But in terms of the apprehensions at the border, DHS Secretary Alejandro Mayorkas over the weekend say that there have been about a, there has been about a 50 percent decrease in those apprehensions leading up to Title 42.

And the expiration of that, they were apprehending about nine to 10,000 people across the board that number immediately dropping to 6300 on Friday, and then 4200 on Saturday. I want you to hear directly from the DHS Secretary as he explains what he believes could be behind that dramatic drop.

(BEGIN VIDEO CLIP)

ALEJANDRO MAYORKAS, HOMELAND SECURITY SECRETARY: Over the past two days, the United States border patrol has experienced a 50 percent drop in the number of encounters versus what we were experiencing earlier in the week before Title 42 ended at midnight on Thursday. There is a lawful, safe and orderly way to arrive in the United States. That is through the pathways that President Biden has expanded in an unprecedented way.

(END VIDEO CLIP)

SANDOVAL: Back here on the ground of El Paso, there is a figure or at least a metric that authority who is keeping a very close eye on, not just all El Paso, but in border communities all throughout. And that is the rate of release. That is what the rate at which DHS officials are releasing some of these detained individuals it has remained relatively steady.

So that's why we really haven't seen a massive migrant increase here in the city of El Paso. Again, the folks that you see behind me are all largely just single adults. You see a lot of the families they are inside the shelters. But the pictures that you see behind me Sara, as we get ready to send things back to you is just it reminds us that the shelters are still at capacity. But they're certainly taking advantage of this 50 percent increase to try to hit the reset button.

SIDNER: Cities still struggling with desperate people. Thank you so much Polo Sandoval to you and your crew from El Paso. John?

BERMAN: Alright, thanks, Sara. So with us that was Lee Gelernt, Deputy Director of the ACLU Immigrants' Rights Project who has been involved so much on these issues surrounding the border over the last several years, Lee, a 50 percent drop in border counters from the beginning of last week to this week and after Title 42 expired. Why?

LEE GELERNT, DEPUTY DIRECTOR, ACLU IMMIGRANT'S RIGHTS PROJECT: You know, I think it just goes to show that it's very dangerous to speculate there's been a lot of hyperbole, a lot of speculation it's very difficult to predict these things. And we don't really know at this point but I think it was always probably too much speculation to assume the minute Title 8 ended, there would be more people.

[10:05:00]

But I want to caution people not to judge whether the United States is providing asylum the way we're supposed to under the law by how many encounters there are. Because if we tell people not to come and people are in serious danger, that's not the proper way to implement our asylum system. People in danger know they need to come.

Now I know that the Secretary is saying there are lawful ways to come. The truth is that there were very, very limited ways. And the law is very clear that if you're in danger, get here, no matter how you can get here, and we will give you a screening that, unfortunately, is not happening. It didn't happen under Title 42.

This should have been a moment to reset and say let's have a proper asylum system instead. Unfortunately, the Biden Administration is recycling yet another Trump asylum ban.

BERMAN: You think it's too harsh?

GELERNT: I do think it's too harsh, because there's no, there's no question that people want a more efficient system. But it has to be fair. Right now, the new system they've put in place will not allow people an asylum system, many, many vulnerable people that it's a very limited pathway to apply.

BERMAN: Do think, though, that the words and actions from President Biden have somehow discouraged people over the last few days?

GELERNT: Well, you know, I don't know, he's been saying that for a while. It's a little unclear. I think generally speaking, what experts tell you, notwithstanding all the hyperbole out there is that it's the push factors. If people are really are in danger, they will come. I mean just to go to family separation, President Trump made.

BERMAN: Well, let's talk about that.

GELERNT: Yes.

BERMAN: You bring that up, because in the CNN Town Hall last week, -- asked the former president, if he would try to reinstate the family separation policy that existed for a time during his administration, and he seemed to indicate I guess, reread the transcript, he seemed to indicate yes, it's a little hard to set them --.

GELERNT: Well, he certainly didn't announce it. And that's shocking.

BERMAN: OK. Talk to me about that.

GELERNT: Yes. So we brought this family separation lawsuit in 2018 stopped the policy, we found out that there are close to 6000 charge and we're separated. We are still addressing the damage from that. We believe that there may be up to 1000 children who are still not what their parent.

BERMAN: Now.

GELERNT: Years later now. And not only is that, but the children who come back with their parents so traumatized. When we're dealing with children who stare out the window, looking to see if men are going to come and take them away again, or ask their parents at night, are men going to come pull me out of bed to take me away again.

So the thought that he would do it again, is just unthinkable. And I don't think the American public really knows that so many of these children, people were outraged about it. 2018 are still not back with their parents. We are still fighting to find families and get them back together. And so I think we have to have some perspective on this immigration.

The cruelty is just unbelievable, because there are families who are in desperate situations in danger. They are not the ones who are bringing fentanyl, they are not gang members. We can have a more efficient system. But we have to screen people for asylum. We have the resources to do it. The NGOs are begging the administration to work with them to allow them to help.

BERMAN: Lee Gelernt, I appreciate you being with us and being part of this discussion, a discussion that absolutely isn't about to stop anytime soon. Thank you.

GELERNT: Thank you.

BERMAN: Kate?

BOLDUAN: So it was a big weekend for Ukrainian President Zelenskyy, securing fresh promises of more military aid for his country, as Russia suffers a series of setbacks on the battlefield. Several Russian aircraft are reportedly shot down over Russian territory, territory over the weekend.

There were conflicting reports quite honestly about how many were down. But Russian state media says at least two combat planes and two helicopters were brought down and crashed. And on the bloodiest battlefield of this war in Bakhmut, Ukrainian forces were able to gain some ground.

One official saying Ukrainian force have captured more than 10 Russian positions around the city, though as we know Russia still maintains control of a majority of that city. CNN's Sam Kiley joins us now with much more from Southwestern Ukraine. Sam, can you tell us more about Zelenskyy's big meetings this weekend with leaders and what they're now promising?

SAM KILEY, CNN SENIOR INTERNATIONAL CORRESPONDENT: Well, they have had a pretty successful whistle-stop tour for the Zelenskyy and his entourage. The President of Ukraine, elicited from Germany nearly $3 billion worth of military aid. He's just leaving the United Kingdom with the promise of more missiles, more anti-aircraft missiles, more killer drones, which I think are very important indeed from the Ukrainian perspective.

He still hasn't quite secured his what he calls the coalition for jet. He's still asking for F-16s and has now the British endorsement for that play. This is what he said on that subject.

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(BEGIN VIDEO CLIP)

VOLODYMYR ZELENSKYY, UKRAINIAN PRESIDENT: Today we spoke about the Jets, were important topic for us. We want to create these jets coalition. And I'm very positive with it. We spoke about it and I see that in the closest time, you will hear some, I think we're important decisions, but we have, we have to work a little bit more on it.

(END VIDEO CLIP)

KILEY: Now he's giving these interesting mixed signals, I think Kate, part of the -- operation, psychological operations being conducted more widely by Ukraine, saying that a jet coalition may be signed soon, he may get his hands on those important F-16s, which really will be a strategic improvement for the Ukrainians.

He's also saying the offensive may start, it may be soon, it's a little bit time away, or working on the minds of the ordinary Russian soldier on top of the breakthroughs that they've had in Bakhmut where significant counter attack is recaptured at least a couple of kilometers about one and a half miles of territory that they had lost.

Again, signaling to the Russian soldier, that something terrible is coming down the tracks and might kill you before the end of the year. Kate?

BOLDUAN: It's good to see you, Sam. Thank you. Sara?

SIDNER: Families of the victims targeted because they were black and that Buffalo New York grocery store massacre are going after social media companies now. How they're hoping to change the way content is shared when it poses a risk of radicalization and violence to the public.

Plus, the government is recommending the recall of more than 60 million airbag inflators that could explode with flying shrapnel, but the company that makes them isn't on board. Also a teacher claims she's being investigated by the state of Florida for showing her students the Disney movie strange world that has a gay character. That's all ahead.

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[10:15:00]

BERMAN: Moments ago, House Speaker Kevin McCarthy casting doubt on whether there has been real progress in discussions over raising the debt ceiling. The U.S. could default on its debt within weeks if no deal is reached. White House officials had expressed some optimism on where things were headed McCarthy now to CNN cameras, not so much.

President Biden is still expected to meet with congressional leaders tomorrow. Vice media is filing for bankruptcy protection as its leaders prepare to sell the organization. The company publishes news technologies websites, including motherboard and refinery 29. The following comes after vice cancel its flagship show and lay off dozens of people.

The FDA has approved a new pill to treat hot flashes and night sweats for women going through menopause. The drug blocks receptors in the brain that play a role in regulating the body's temperature and this could replace hormone replacement therapy, the FDA warns that drug could pose a risk of liver injury. Sara?

SIDNER: We've just learned the Supreme Court is taking up a couple of controversial cases, justices will determine whether lawmakers can sue to get records concerning the Trump Hotel. That's one of them. CNN's Jessica Schneider joins us now. What can you tell us about the specifics of this case?

JESSICA SCHNEIDER, CNN JUSTICE CORRESPONDENT: Well, Sara, the Supreme Court will hear this case in the fall. It's actually been winding its way through the lower courts for several years ever since Donald Trump was first inaugurated as President.

So this dispute is over whether individual members of Congress as opposed to a full committee with subpoena power, whether those individual members have this legal right to sue an executive agency for documents.

In this case, particularly documents related to that Washington, DC Hotel that was once partly owned by Donald Trump. So these are Democratic members of Congress. They've been seeking records around the Trump Hotel since 2016. Because there were years of questions about whether the GSA had actually properly leased the old post office building here in Washington to Donald Trump.

The Democratic members of Congress, they argued that the lease really raised potential conflict of interest issues. They believe that congressional oversight was needed. And now in the years actually, Sara, since the initial lawsuit, a lot of these documents have in fact been handed over.

But what's interesting about this case is it's now being defended by the Biden Administration since Trump's out of office. So the Biden DOJ is actually fighting to keep these records out of the hands of Democrats. So we know that the Trump Hotel was ultimately sold, the Supreme Court though will hear the case in the fall.

But what they ultimately decide could govern these future disputes over obtaining documents and controversial matters. The Supreme Court also deciding this morning ruling in favor of a death row inmate in Alabama, allowing him to die by nitrogen gas when he's ultimately executed.

That's something that the inmate Kenneth Smith has, in fact requested. And this case is actually coming as the state of Alabama had paused executions last fall. They ended up reviewing the execution process as after there were several problems with lethal injections that came into the national spotlight.

So this death row inmate was convicted in 1988. His execution was actually called off in November, when the state was unable to properly do this execution with an IV line. And so now his execution will move forward with nitrogen gas, Sara.

SIDNER: All right. Jessica Schneider, thank you so much for all of that on what's happening with the Supreme Court. Kate?

BOLDUAN: One year and one day ago, the community of Buffalo New York was shattered. That's when the horrific mass shooting took place at a grocery store and claimed the lives of 10 people and now the families of three of the victims and one survivor in that shooting; they're suing social media companies.

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They're suing Facebook's Parent Company Meta, Snap, YouTube, Discord, Alphabet, 4Chan and Amazon in what they call a first of its kind wrongful death lawsuit. The suit also names the gunman's parents, the gun store where he purchased the firearm from, a weapons manufacturer and a body armor supplier, as defendants.

Here with me now are two attorneys involved in the suit, John Elmore, who's representing the families that I was just discussing, and also Matthew Bergman. He's from the social media victims Law Center. Gentlemen, thank you for being here. John, let me start with you. Why did the, why do the families want to take on this fight and sue the social media companies?

JOHN ELMORE, ATTORNEY FOR FAMILIES OF VICTIMS KILLED IN BUFFALO SHOOTING: The families that we represent have joined a club that no one in America should have to join in. And that is, the victims of the mass shootings, they're happening so frequently, that it's becoming an everyday occurrence. And, and they've lost a horrible loss.

Money can never replace the loss of their loved ones. But they want to make sure that this does not happen again. And one of the ways of ugliness is suing those parties that played a role which led up to this mass shooting in Buffalo. Payton Gendron, the shooter, and the killer has pled guilty to life without parole in state court.

He's going to serve the rest of his life in jail; he's waived his right to appeal. And he can't harm anyone. But he was radicalized by social media. He had easy access to an illegal weapon that was made possible by an irresponsible company that manufactured the weapon and made it adaptable to commit this mass shooting.

And these social media platforms radicalized him. And so in order to prevent this from happening, again, to protect the community of Buffalo that I live in, and that I love, to make this country safer and this community safer. We've commenced this litigation. And we put together the best lot team with expertise in these areas that I could imagine. The Giffords Law Center, which has so much experience in gun litigation, mass shooting litigation and then Matthew Bergman from the social media victim--

BOLDUAN: Yes, and I want to ask, I want to bring Matthew Bergman on this as well, because part of this I saw is you've called this lawsuit Matthew, a first of its kind. We have seen social media use before and after other mass shootings. How is, what happened here are different?

MATTHEW BERGMAN, ATTORNEY FOR THE SOCIAL MEDIA VICTIMS LAW CENTER: Well, what happened here was neither an accident nor a coincidence, but the foreseeable result of the design decisions that the social media platforms made to elevate user engagement over public safety. These products are addictive to young people.

And Payton Gendron was a minor when he started using social media. And it was designed to enhance his engagement by showing him material that was more and more disturbing, more and more racist and more and more violent. And that's how it's designed.

The platforms aren't designed to show children and young people what they want to see. It's designed to show them what they can't look away from. It over a period of time, Payton Gendron went down a rabbit hole when he became more and more acclimated and more and more inured to violent racist and anti-Semitic material.

And then it combined with the live streaming capability that motivated him to carry out his horrific act one year ago yesterday, he went forward with it because he knew he could live stream it. And we know that live streaming is being used is by copycats to commit further acts of violence since Payton Gendron's horrific crime.

And we know that the Christchurch massacre video that Payton Gendron watched, prepared him to commit this horrific act of violence when you're ago yesterday.

BOLDUAN: Matthew, one thing I wanted to ask you about this lawsuit is that in the lawsuit, it states that Payton Gendron "Was not raised by a racist family". Yet his parents are both named as defendants in this lawsuit as well. Why is that Matthew?

BERGMAN: His parents did not exercise the appropriate level of care; there were a lot of red flags regarding Mr. Gendron's behavior, and his use of firearms and his stockpiling of firearms. And we believe they share responsibility for failing to come forward and notify either law enforcement or mental health authorities of the crisis that, the mental health crisis that Mr. Gendron was experiencing.

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BOLDUAN: John, let me ask you this. CNN has reached out to the social media companies that are defendants in this lawsuit for comment. Just two statements that we have I wanted to read, at least in part two, Google sent back this about the lawsuit. Through the years, YouTube has invested in technology teams and policies to identify and remove extremist content.

And Snapchat said this, we deliberately designed Snapchat differently than traditional social media platforms, and don't allow un-vetted content to go viral or be algorithmically promoted. Instead, we vet all content before it can reach a large audience, which helps protect against the discovery of potentially harmful or dangerous content. John, what is your response to those statements?

ELMORE: I can tell you that the day that Payton Gendron pled guilty to life without parole, the video live shooting of our clients, getting their loved ones getting their brains blowed -- out, in this top shooting was shared over 3 million times. Why did that happen?

Because of irresponsible social media that was getting maximization of user engagement and making a lot of money from their advertisers that were viewing these live streams and it's happening in America. And we've commenced this litigation to make it stop.

BOLDUAN: You're interested in seeing how this -- go ahead, Matthew.

BERGMAN: My Content moderation is kind of putting your thumb in the dike. The issue with YouTube is that it is designed to enhance engagement over safety. And, and it has been proven by several organizations, including the anti-defamation league, that YouTube radicalizes individuals who have slight radical tendencies and moves them in a more racist in a more violent direction.

And that's the design of their product. It's not a question of content, --moderation, until they change that fundamental economic incentive, where engagement is elevated over safety. We're going to see more of these cases. And that's why we're bringing this case. No family should have to go through what our clients went through, ever again.

BOLDUAN: Matthew, Matthew Bergman, John Elmore, thank you very much for coming on, John.

BERMAN: The National Highway Traffic Safety Administration is calling for an immediate recall of 67 million airbag inflators because of what they call a dangerous defect. GM has recalled about a million but what about the rest? The governor of North Carolina has vetoed a controversial abortion ban bill, but it may still become law.

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