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DOJ Seeks 30-Year Sentences For Proud Boys Convicted Of Sedition; Some January 6 Rioters' Sentences May Be Invalidated After Appeals Court Ruling; Alleged Trump Co-Conspirator Followed Alex Jones On Jan 6; CNN Gets Firsthand Look At Threat to Colorado River; 3 Police Officers Charged With Civil Rights Violations. Aired 2:30-3p ET

Aired August 18, 2023 - 14:30   ET

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


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[14:31:10]

BORIS SANCHEZ, CNN HOST: Thirty-three years in federal prison. That's what the Justice Department is asking a judge to sentence two of the leaders of the far-right Proud Boys group.

You can see the two men here, Enrique Tarrio and Joseph Biggs. They were both convicted in May of seditious conspiracy for plotting and leading the crowd at the January 6th capitol riots.

With us now is senior crime and justice reporter, Katelyn Polantz.

Katelyn, these would be some of the lengthiest sentences anyone has faced, being connected to the capitol riot. DOJ is asking for lengthy sentences for other culprits as well?

KATELYN POLANTZ, CNN SENIOR CRIME & JUSTICE REPORTER: They are. So there are five men who are essentially the leaders of the Proud Boys either organizationally or on the ground on January 6th at that riot.

The men who were at the front of the mob that got past the barrier and then broke into the building, allowing all of those other people to flood inside and put Congress on that very serious and alarming pause in the middle of the presidential certification.

And this number that the Justice Department is asking for, for these men, these five men, it is quite a whopper of a number for what they're asking for this sentence to be.

I mean to have two of them being asked to have 33 years in prison. Enrique Tarrio wasn't on the grounds that day but was cheering on the Proud Boys. He had been purged out of Washington.

And then others, Joseph Biggs and other leaders, 33 years, Zachary Rehl, 30 years. Dominic Pezzola, 20 years.

To compare this, the leader of the Oath Keepers, Stewart Rhodes, received a sentence of 18 years in prison, and the Justice Department asked for 25. And so the Justice Department wants things to be more significant for

the Proud Boys because of the revolutionary role that they played. They called them political vanguards in this country, people at forefront of political violence for quite some time.

SANCHEZ: Yes. Notably, Katelyn, you also have some reporting on a potential appeal that could undo sentences for other January 6th rioters?

POLANTZ: Yes, we actually got a decision today from the appeal's court in Washington, D.C., a federal court.

That decided a rioter, a man named James Little, who had been sentenced both to some prison time, a short amount of prison time, plus probation, that he could not have both of those sentences at the same time because he was convicted of a petty offense, a misdemeanor.

So there are many rioters who were convicted of misdemeanors, these petty offenses, essentially for trespassing at the capital, domestic disturbance types of crimes.

And judges in the D.C. district court, the trial-level court chose to sentence them quite harshly because they wanted to both put them in jail and also give them probation, so they would stay in the system. And now an appeals court says we don't think that's the law.

It's going to be on hold. There could be further appeals. But that's really something to watch.

SANCHEZ: Something to keep an eye on.

Katelyn Polantz, thank you so much.

Jim?

JIM SCIUTTO, CNN HOST: New CNN exclusive reporting now on one of the alleged architects of the Trump 2020 fake electors plot, Attorney Kenneth Chesebro, and where exactly he was on January 6th.

Remember, Chesebro is one of the unindicted co-conspirators in the special counsel's federal election case. He's also charged himself in the Georgia case.

And now CNN has identified Chesebro on video following conspiracy theorist, Alex Jones, around the grounds of the U.S. capitol on January 6th.

With us now, senior crime and justice correspondent, Shimon Prokupecz.

So, Shimon, tell us what you've learned about his actions and movements that day.

SHIMON PROKUPECZ, CNN SENIOR CRIME & JUSTICE CORRESPONDENT: Right. Video from that day really captures his movement around the grounds outside the capital.

You first see him, Jim, when we look at some of this video here, is walking on the grounds, there with that red hat, Trump hat on.

[14:35:05]

And he's sort of following -- he's near the capital. And at some point, he starts to follow Alex Jones. He's there with him and there's Alex Jones there.

Of course, he's one of the loudest voices there, one of the leaders of the Stop the Steal movement. We saw him out there on January 6t h.

Then you see Chesebro there on the capitol grounds, sort of on the steps there on the grounds, wearing that hat.

Of course, this is all raising all sorts of questions. He's recording Alex Jones. What exactly was he doing there on the grounds that day?

This is a man, an attorney for the Trump campaign. He talked about, in a memo and in his interview with the committee, with the January 6th committee when they questioned him about his activities that had week, he denied ever wanting to answer any of their questions. He took the Fifth.

He also claimed that he couldn't speak about some of this because of attorney-client privilege.

So all of it this surfacing just recently as the attention is focused on him because of this indictment in Georgia and because of what's going on in Washington, D.C., where he is this unindicted co- conspirator.

But certainly, Jim, as you can imagine, this is raising all sorts of questions.

SCIUTTO: No question.

Quickly, was he seen in any of the videos participating in or around as the violence took place? And I'm curious as to how he responded.

PROKUPECZ: And, yes, so we have not seen any video of him participating in any violence. We don't see him going into the capitol.

His attorney gave a statement to us and basically said he's not going to talk about this in public at this point. He's going to let the legal process play out.

I should note that he's one of the defendants who is expected to turn himself in to Georgia officials later next week -- Jim?

SCIUTTO: Shimon Prokupecz, thank you so much.

Boris?

SANCHEZ: For the first time in years, water levels on the Colorado River are actually going up. So why are officials in those states, whose residents depend on the water, still concerned? Plus, the aged group, a new report says, is binge drinking, using

marijuana or consuming hallucinogens more than ever before? That story next on CNN NEWS CENTRAL.

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[14:41:42]

SCIUTTO: Now to some of the other headlines we're watching this hour.

A new report finds more middle-aged Americans are binge drinking, using marijuana, consuming hallucinogens than ever before. The survey also found that 44 percent of adults under 30 reported using marijuana last year. That's up from 28 percent a decade ago.

Cannabis use has also been spiking among adults aged 35 to 50. Binge drinking also increasing for that age group with 30 percent reporting they drink five or more drinks in a row.

But there were some good news, good signs in the study. Among young adults, alcohol use has actually steadily declined over the past decade.

And it's been another rollercoaster day for the financial markets. The Dow has been down three straight days, in part, due to rising mortgage rates to the highest level in 21 years.

The Dow opened lower again today but has since rallied. It's now pretty flat as we near the closing bell this Friday.

Finally, a new threat to honeybees has been identified for the first time in the wild in the U.S. The invasive yellow-legged hornet was seen in Savannah, Georgia recently.

Experts are now working to eradicate the pests. They could threaten the pollinators in Georgia. They play a major role in the state's agriculture industry.

Boris, we need the bees.

SANCHEZ: We do need the bees, Jim.

We also need the water in the Colorado River. A winter of heavy snow is yielding a bit of good news today. Water levels on the Colorado River are going up for the first time in years. So federal officials are going to ease water restrictions along the river next year.

But it's not all good news. The long-term health of the river basin is still in doubt.

Consider this, rising temperatures sucked more than 10 trillion gallons, trillion gallons of water out of the basin over the past two decades and that is likely to continue to get much worse.

CNN's Lucy Kafanov joins us now.

And, Lucy, you recently traveled to Utah to get a closer look at the health of the river. What did you find?

LUCY KAFANOV, CNN CORRESPONDENT: That's right. When we talked about the drought, we often looked at states like Arizona, where farming and cities are so impacted by the many cuts that states have had to put in place because of the drought.

But because of the ongoing crisis, the entire river basin is affected. And iconic activities like whitewater rafting could be at risk.

Take a look.

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SINJIN EBERLE, COMMUNICATIONS DIRECTOR, AMERICAN RIVERS: This river is iconic.

KAFANOV (voice-over): Sinjin Eberle has spent much of his life on the Colorado River.

EBERLE: It's a remarkable, remarkable area of the world.

KAFANOV: As an avid adventurer and Colorado River advocate, his mission in life is to protect it.

EBERLE: This is one of the most important places in the nation. And it's one of the places that we need to be really diligent about taking care of, because it does contribute so much to all of us.

KAFANOV: The Colorado River is the lifeblood of this region, powering cities, watering farms and quenching the thirst of some 40 million people.

It's a critical refuge for wildlife and a playground that's under threat.

EBERLE: It's being overused. There's more demand on the river. There's more water being taken out of the river than the river can handle. If we continue to over extract the bank account, we are going to run dry.

[14:45:07]

KAFANOV: An unusually wet and snowy winter brought some relief, replenishing snowpack and boosting water levels for the first time in years. But with the rapidly changing climate, experts are warning, it's not enough.

EBERLE: It's been so hot and so dry in the southwest that much of the benefit we got out of the snowpack has literally evaporated.

KAFANOV (on camera): So one or two extra wet winters is not going to solve this crisis?

EBERLE: My concern is that people will assume that the situation is getting much better, and that we can take our foot off the gas in terms of conservation. This system can crash and it can crash fast. KAFANOV (voice-over): Over the last century, the river has shrunk by roughly 20 percent. Those losses are more apparent in the lower basin states, but the impacts are being felt across the entire waterway.

(on camera): Rafting in Colorado is a breathtaking experience. It's a slow and sometimes bumpy ride through ancient time, at a moment when it seems like the Earth's clock is speeding up.

Even here, the effect of climate change, rapid growth, and water overconsumption, are threatening the very existence of this river.

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DAVIDE IPPOLITO, COLORADO RIVER RAFTING GUIDE: We boat through Cataract Canyon, that's the best roller coaster in North America.

UNIDENTIFIED MALE: We just (EXPLETIVE DELETED) did it.

IPPOLITO: Last five rapids all the way down when it's high water and yet, my most dangerous part of my job is when I get to this ramp. It's extremely dangerous.

KAFANOV (voice-over): The river has shrunk so much that it's nearly impossible for Colorado River guides like Davide Ippolito to pull boats out of the water.

IPPOLITO: It's kind of like pyramid building. You have guides putting roller tubes underneath boats. As that boat is pulled up, guides are running and putting those tubes under until we get to flatland on top, like ancient Egyptian technology, literally.

KAFANOV: It's such a hassle that many tours now float an extra 50 miles downstream, adding up to two days, not to mention costs to a trip.

What worries Ippolito more than the business impact is the threat to future generations.

IPPOLITO: If we want to live out west, and we want to protect our heritage out here, and we want to have enough water for our kids and grandkids, then we need to solve these issues now. It's no longer a problem we can kick down the line.

KAFANOV: A sentiment echoed by Eberle.

EBERLE: It would be heartbreaking to lose this place.

(END VIDEO CLIP)

KAFANOV: The Colorado River remains in the midst of a massive climate change-driven crisis, a drought, which has lasted for more than two decades. It's the worst the region has seen in 1,200 years.

And as you saw in the piece, one unusually wet and snowy winter isn't enough to magically erase all of these problems. So it remains important, critically important for states, tribes, and

individual users to keep figuring out ways to use less of this dwindling resource -- Boris?

SANCHEZ: Lucy Kafanov, reporting from Denver, thank you so much.

Jim?

SCIUTTO: Quite a story on the river there.

Allegations of excessive force, taking pictures and video, bragging to each other and others. The disturbing allegations against three police officers in a bay area city and the civil rights charges they are now facing. That's next.

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[14:52:44]

SCIUTTO: Three police officers in Antioch, California, are now charged with civil rights violations as part of an FBI investigation into that department as well as neighboring Pittsburg, California.

The grand jury indictment accuses them of using excessive force, bragging about their abuses, and writing false police reports. Vile racist text messages also played a role in that investigation.

CNN's Josh Campbell is following this story. He joins us from L.A.

Josh, you look at some of these text messages, they're not only incriminating but they're just shocking in the brazenness.

JOSH CAMPBELL, CNN SECURITY CORRESPONDENT: Absolutely. You know, force is supposed to be a tool of last resort by police to try to control a potentially dangerous situation.

But prosecutors allege these three officers essentially celebrated inflicting punishment on members of the public.

The FBI, as part of this massive arrest, arrested Morteza Amiri, Eric Rombough and Devon Wenger. They're charged with civil rights violations.

Just to show you some of these texts prosecutors allege, for example, in one instance, an unidentified officer texted, "I'm on my way in now. What are you guys up to? Rombough allegedly replayed, "Violating civil rights."

This just scratches the surface. In another post, this officer, Amiri, after an encounter with a suspect, allegedly texted, "LOL, putting a pistol in someone's mouth and telling them to stop stealing isn't illegal, it's an act of public service to prevent further victims of crimes.

Now that officer, Amiri, was also a canine handler. Dogs are important to police, particularly when trying to confront dangerous suspects. But prosecutors allege that Amiri essentially kept a scorecard of the instances where his dog bit suspects, and that he shared, allegedly, gruesome images with police.

In one, he allegedly wrote, "I'm going to take more gory pics. Gory pics are for personal stuff. Cleaned-up pics for the case."

And then in another instance, an unidentified officer allegedly wrote, "It's good that even though the laws don't keep them" -- suspects -- "in jail, they still get F'd up by the dog."

Amiri allegedly responded, "Ha, ha, I know right? I feel like this is the real punishment compared to the soft D.A."

Really troubling allegations here -- Jim?

SCIUTTO: I mean, making themselves judge, jury and executioner, right?

[14:54:57]

I mean, we have seen cases like this often caught, but by citizens filming police officers, exhibiting this sort of behavior.

Of course, a lot of police departments now require body cams. But there are officers who pushed back against that, including these officers.

CAMPBELL: Exactly. Their antipathy for body worn cameras comes through in these alleged text messages.

In one case, I'll show you here, their department had assisted a neighboring police department in an operation. Afterwards, Amiri allegedly texted, "If that agency didn't have all those body cams and that was us, we would have F'd him up even more. He didn't get what he deserved."

Officer Wenger allegedly replies, "I agree. That's why I don't like the body cams."

Interestingly, one year after that, this department instituted its own body camera policy. Officer Rombough was on text saying, "Over it, Bro. Can't wait to retire."

Of course, rather than retiring, these three officers, Jim, are now in federal custody.

SCIUTTO: Josh Campbell, thanks so much.

Boris?

SANCHEZ: For the first time ever, the U.S. is hosting a trilateral summit with Japan and South Korea. Soon, we'll hear from President Biden and the leaders of both nations at a news conference. We're standing by for that. We'll bring it to you live as soon as it happens, right here on CNN NEWS CENTRAL.

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