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Donald Trump Holding Massive Rally in Arizona; Report: U.S. Drone Strike Kills ISIS Leader; Report: Australia Concerned About Two Pro-ISIS Pilots; Authorities Trying to Identify Dead Toddler; Victory Is Serena Williams' Sixth at All-England Club; Is Donald Trump a Viable Candidate?; Pope Francis Celebrates Mass in Paraguay; San Francisco's Sanctuary Laws; OPM Head Resigns. Aired 12-1p ET
Aired July 11, 2015 - 12:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: We've got so much more straight ahead in the NEWSROOM. It all starts right now.
Happening right now in the NEWSROOM, Donald Trump is making a bold prediction.
(BEGIN VIDEO CLIP)
DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: When it's all said and done, I will win, win, the Hispanic vote.
(END VIDEO CLIP)
WHITFIELD: The presidential candidate will speak to thousands about immigration in a matter of hours.
Plus a report that two commercial airline pilots posted pro-ISIS content on their Facebook pages.
And later, Serena Williams taking the Wimbledon title for the sixth time. You're live in the CNN NEWSROOM.
Hello and thanks again for joining me. I'm Fredricka Whitfield.
All right, it's a big day for Republican presidential candidate, Donald Trump. First, there is a stop at a libertarian conference in Las Vegas. Then he's off to Phoenix for a rally on immigration that is expected to draw thousands.
Meanwhile, protests like this one in Los Angeles Friday continue over Trump's controversial remarks about people crossing the border from Mexico. But today on CNN, a Trump executive says those remarks are misunderstood.
(BEGIN VIDEOTAPE)
MICHAEL COHEN, EXECUTIVE V.P. TRUMP ORGANIZATION: What Donald Trump said in his speech was not directed to Mexicans. That's a gross distortion by the press, by the liberal media, that wants to take Donald Trump out of this race. He did not say Mexicans, and he certainly did not say Latinos. He said Mexico. He was referring to the Mexican government. What he then did is on probably more than 10,000 speeches and meetings with both liberal media as well as print and television.
He went ahead and explained exactly what he meant. That it's the Mexican government, not Mexicans. That wasn't enough.
UNIDENTIFIED MALE: I understand that.
COHEN: He put out statements. Let me just finish this. He put out statements that explained it, but they still don't want to hear it. And so Donald Trump is not backing down. He doesn't back down to anyone.
UNIDENTIFIED MALE: But Michael, Michael, I know and I want to get to that, too. I don't consider myself part of any liberal media. I just want to get to the facts. And the facts suggest that proportionately those who are here in this country illegally are committing less crime than native-born Americans. That's what the "Washington Post" was getting at when they called out Mr. Trump and they said this just isn't true.
COHEN: Well, tell that to the family of this young girl that was killed. The bottom line is, this is not an issue about one person, though in all fairness if you look to see the tragedy that took place in Charlotte, what a great result that that had for Charlotte and the American people.
And let's hope that the same thing happens for this beautiful young girl that was killed in San Francisco. This is a time for immigration reform. And that's something Mr. Trump feels strongly about.
(END VIDEOTAPE)
WHITFIELD: All right. So you heard Mr. Cohen say Trump's remarks were not directed at Mexicans. You be the judge. Here is that speech from last month.
(BEGIN VIDEO CLIP)
TRUMP: When Mexico sends its people, they're not sending their best. They're not sending you. They're not sending you. They're sending people that have lots of problems and they're bringing those problems with us. They're bringing drugs, they're bringing crime, they're rapists, and some, I assume, are good people.
(END VIDEO CLIP)
WHITFIELD: All right. Let's bring in CNN political reporter, MJ Lee. All right, so Donald Trump and his people are saying his comments are being misinterpreted so as he visits Vegas and then onto Phoenix, how much will this be about clarifying his comments or reiterating his comments?
MJ LEE, CNN POLITICAL REPORTER: I think Donald Trump is expected to only reiterate his comments today, Fredricka. I don't think there is going to be a clarification or an attempt to take back anything that he has said so far, even amid all this controversy.
When I spoke with Trump officials earlier today, they made it clear that the main message that he is going to be driving home is how do we stop illegal immigrants who come into the country from killing U.S. citizens?
That was the exact words that campaign officials used when they were trying to describe what Mr. Trump's message would be in Arizona today. I think that to say that this has been just a controversy would be an understatement.
I think that there are many immigrants in the country, particularly those of Latino background, who are very offended by the comments that he has made. And I think with the two events today, Mr. Trump will only be re-emphasizing the earlier remarks.
[12:05:02] In fact, yesterday when he spoke in Beverly Hills, he really doubled down on the message that he has been repeating over and over again. Let's take a listen.
(BEGIN VIDEO CLIP)
TRUMP: We're housing people from all over the world that other countries don't want. They're sending criminals to us. And we're putting those criminals in jail. Oftentimes after they've killed somebody or hurt somebody.
(END VIDEO CLIP)
LEE: So the word "criminals" I think is one that we're going to be hearing a lot from Donald Trump today -- Fredricka.
WHITFIELD: OK, while in Arizona, Phoenix in particular, he is expected to appear with the sheriff there, Joe Arpaio, who is famous in his own right for his own anti-immigration kind of sentiments. Will they be speaking kind of in concert? What is this relationship and how is it going to be displayed?
LEE: I think that you're right that especially for the people of Arizona, they know this man. They know Sheriff Arpaio as being someone who has taken very anti-immigration stances in the past. I think that it does sort of help reiterate Trump's comments about illegal immigration from the last couple of months.
I think whether the two of them are going to be on stage together at the same time or whether they will end up being separate speeches I'm not sure, but the fact that are going to be at this event together will send that message.
WHITFIELD: All right. MJ Lee, thanks so much.
And of course, remember for all the latest news on the race for 2016, go to cnnpolitics.com. New details about a deadly attack targeting ISIS in Afghanistan, former Taliban leader, Hafiz Saeed, also thought to be an ISIS leader in Afghanistan and Pakistan, has been killed in a U.S. drone strike.
The Afghanistan intelligence agency says Saeed was one of 30 other insurgents killed in the strike on their compound in Eastern Afghanistan. A spokesman says the leader, who was killed, is not the man with the same name who has a $10 million U.S. bounty on his head.
Egyptian authorities are now trying to find out who set off a car bomb outside the Italian Consulate in downtown Cairo this morning. The blast killed at least one person and injured nine others. It also caused significant damage to the consulate. Had the attack happened on a week day, the area would have been teaming with people. No one has yet claimed responsibility.
Australian authorities are worried that two Indonesian airline pilots may have been radicalized by ISIS. That's according to an intelligence report obtained by the news web site "The Intercept." That report details the social media behavior of the two men.
Authorities are concerned that they could post security threats because of their knowledge of aviation and security procedures. Both pilots have Facebook pages which post pro-is materials. The one of the men denies that he is a member of ISIS.
Indonesia's national police chief tells CNN their investigation shows the two pilots are not directly involved with ISIS, but he also said they often post about ISIS on Facebook, and they are sympathizers.
Indonesia's Foreign Affairs Ministry says it's asked the country's security agencies for more information about the pilots. The Australian federal police told CNN it doesn't comment on intelligence matters.
All right, joining me right now from New York, a former Navy SEAL, Jonathan Gilliam, who is also a former FBI special agent. Jonathan, this all sounds very alarming especially since you're hearing acknowledgement being an ISIS sympathizer but not necessarily an ISIS member, what do you make of all this kind of information?
JONATHAN GILLIAM, FORMER FBI SPECIAL AGENT: Well, first off, Fred, we have to look at the terminology that's being used, an ISIS member? What is that? I mean, you don't get a membership card to be an ISIS. You don't go to ISIS boot camp to be a fighter.
You're a sympathizer. You're somebody who understands what the ideology, the fundamental Islamic ideology that ISIS follows and you subscribe to that.
WHITFIELD: Doesn't it sound rather alarming and you're a pilot and you've got a whole lot of peoples' lives in your hands?
GILLIAM: It doesn't get any more alarming than that. The only thing that they could add to that if they had some kind of license to carry explosives on their planes, I mean, that's, you know, -- it doesn't get any worse than that right there.
Those two individuals should be pulled straight off those planes, never to fly again, and they should be highly investigated. I mean, they should dig into everything. All their contacts, who they're contacting because there are no way that these two individuals just are fans of ISIS. It goes way deeper.
WHITFIELD: So would it be the situation or the case that the Australian government or even Indonesian government feels like they don't have the authority to take them from their piloting duties because of this information or is there a more international or global I guess field or entity that could make that kind of decision?
GILLIAM: Well, when you work in certain areas, those areas come with certain types of responsibility and overwatch.
[12:10:06] And when you have proven to the world that this group has declared war on most western countries and on anything that's not Islamic, and then they've shown throughout history that they're not opposed to using planes, they should take this very seriously.
These individuals are allowed to fly in these airplanes by the governments. I mean, they go and they get a job with the airline industry, but they have to be vetted and cleared to go and fly these planes.
You can't just allow anybody who has any type of ideology to jump inside an airplane with 200 something people in it that basically it's a flying bomb.
WHITFIELD: OK, and then now we are just learning that ISIS is claiming responsibility for -- or I'm sorry. ISIS supporters, I'm being told, is claiming responsibility for that consulate attack there in Cairo, Egypt. So what is your response when you hear that? What duds that mean, ISIS supporters versus members of ISIS? I mean, this language or these semantics is getting very complicated, isn't it?
GILLIAM: It is because we're allowing it to be. I mean, look, Fred, we're talking now about an explosion and sympathizers, right? We were just talking about two airline pilots that were sympathizers. The fact is, people that subscribe to the fundamental Islamic ideology that ISIS, al Qaeda, all these different groups subscribe to, it's one ideology.
There might be different divisions. One may want to do shootings. One may want to do explosions. One may want to crash planes into buildings. It's one ideology. We need to stop differentiating between all of them and we need to stop looking at trying to pick between a sympathizer, somebody who's a supporter and somebody who's an operator.
They're all operators, whether they're directly or indirectly related. Look at Germany back during World War II. You had direct people involved in the fighting, you had indirect people that supported it and allowed to it happen. It's the same thing here. WHITFIELD: Yes, and just for clarity, my CNN producer is telling me that's the language ISIS supporter. Just like you, I think we all wish we knew a little bit more about what that really means. Jonathan Gilliam, thanks so much. Appreciate it.
GILLIAM: You got it.
WHITFIELD: And we'll be right back.
(COMMERCIAL BREAK)
[12:15:24]
WHITFIELD: All right, a mystery in Massachusetts surrounds a little girl known only as "Baby Doe." Her body was wrapped in a zebra striped blanket and inside a trash bag along the shore of Boston's harbor.
People are wanting to know who she is and how did her life end. Millions of people in fact have viewed this composite sketch of the girl believed to be nearly 4 years old. Hundreds of tips have come in so far, but none have panned out.
CNN spoke with the district attorney on this case who had a message for the child's family.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: We appeal to the caregivers, the parents, please step forward, clear your conscience. No child, no person, deserves to be discarded like this.
(END VIDEO CLIP)
WHITFIELD: All right. Joining me right now is CNN law enforcement analyst, Tom Fuentes. So Tom, it's been more than two weeks now and no one has come forward. How concerning is it to you that so many millions, nearly 50 million, would view this composite sketch?
There have been tips but nothing has panned out to the family of this child, a little bit more about the identity, anything about this child.
TOM FUENTES, CNN LAW ENFORCEMENT ANALYST: It's very concerning, Fredricka. I mean, we don't know how long that child went missing, if she was missing. We don't know if whoever was her caretaker had her locked up in a basement somewhere for several years and nobody recognizes her now.
We just don't know so many things about this case. Obviously we don't know who she is and who put her in the bag and put her in the water. So all of this is pretty incredible, especially as you say, nearly 50 million people have seen the photo, the estimate of what she should look like.
Usually those are pretty accurate, the forensic people that make those. They're surprisingly good later when you're actually matching it up to the real person. But in this case, it's a tremendous mystery.
WHITFIELD: Does it worry you that there are some inaccuracies of the composite drawing? Might it begin with that and that's why no one's able to identify this child or is it something more where investigators are now going to have to go that real gum shoe kind of approach to investigate where did the new clothes or fairly new blanket come from? What's the origin of that? Where could it have been purchased, that kind of stuff?
FUENTES: Yes. They'll be doing all of that and then they'll be analyzing all of the information by the Center for Missing and Exploited Children to see reports nationwide and then, you know, contacting Canada to provide additional information if they have cases that have not been solved of children that have gone missing.
So that's one aspect of it, but there's a lot of detective work that goes into this. But it's just very difficult. If you have especially with young children, the earlier in age they are the time they go missing or at the time something happens to them, and then if a couple of years go by they do change a lot.
But even so, if somebody is aware of a child approximately this age and missing, they'll call in and they've been calling in. It's just that none of them matched up yet.
WHITFIELD: Yes, so it's a tragic situation. All right, and there's the information if people have information they should be calling any one of these numbers here. All right, Tom Fuentes, thank you so much.
FUENTES: You're welcome.
WHITFIELD: We'll be right back.
(COMMERCIAL BREAK)
[12:22:29]
WHITFIELD: A look at our top stories right now. The FBI's inspection division is reviewing an agency mistake that allowed Dylann Roof to purchase a handgun prior to the Charleston, South Carolina church shooting. The agency revealed Roof should not have been cleared to purchase a weapon because of a prior arrest on drug charges. That detail was initially missed by the agency during a background check because of a clerical error.
And in Bosnia, people are remembering the 8,000 men and boys killed in Srebrenica, the massacre of 20 years ago. Some were not happy with the Serbian prime minister attending the memorial. He was first booed, then as you can see he was forced to leave when a group of people started throwing rocks at his vehicle and chased after him.
All right, they call it the Serena slam. Serena Williams making history yet again, winning her sixth Wimbledon title and four consecutive grand slams this year. CNN's Christina Macfarland is in London. She saw it go down. It was pretty exhilarating and exciting.
CHRISTINA MACFARLAND, CNN CORRESPONDENT: That's right, Fredricka. It's got to be one of the most predictable results in women's tennis these days. Serena Williams triumphing again on centre court 13 years after she took her first title here. She's followed up with her sixth and as you say her 21st grand slam title.
You know, Fredricka, on paper this should have been an easy matchup. She was up against a 21-year-old first-time grand slam finalist, Garbine Muguruza. But Serena had to battle back twice to stay in this match, often screaming out in frustration on the court.
She hit serves of up to 123 miles per hour. That's faster than some of the men on the tour. And eventually, eventually she dominated 6-4, 6-4. I can tell you what, now everyone is turning their attention to the U.S. Open next month.
Because if Serena can dominate there, too, she has a chance of that calendar grand slam, which you know is all four grand slams in one calendar year. It hasn't been done since Steffi Graf way back in 1988.
I'll tell you what, for a player who is 33 years old, I wouldn't bet against her because she has an incredible record. She's won 21 grand slam finals, lost only four. And she is now the oldest and the most dominant player of her generation.
WHITFIELD: Wow. We know U.S. Open will be sold out for sure. Folks are already starting to readjust their plans now and finding ways in which to position themselves to potentially watch history yet again? All right, Christina, thank you so much.
[12:25:04] All right, still ahead, crowds of people protesting presidential candidate, Donald Trump, in L.A. and now he could face more protests today in Phoenix.
(COMMERCIAL BREAK)
[12:28:30] WHITFIELD: All right, hello again, everyone. Thanks so much for joining me. I'm Fredricka Whitfield. In just about two hours, Donald Trump takes the stage at the Conservative Freedom Fest in Las Vegas.
Then the Republican presidential candidate heads right to Phoenix, Arizona where he will be holding a major rally on a topic that is firing up his base and angering many in his own party, immigration.
He is expected to be joined on stage by Maricopa County Sheriff Joe Arpaia, a controversial opponent on the issue of illegal immigration.
Joining me right now from New Orleans, columnist Democrat and co- author of "The Party's Over," Ellis Hennecan and Republican strategist and lawyer, Brian Morgenstern.
So Ellis, let me begin with you. So Trump's comments on immigration, in large terms he really is kind of directing the entire conversation, all of the other candidates now have to either clarify, defend, or say they in no way agree with Donald Trump. He's in the driver's seat here, isn't he?
ELLIS HENICAN, COLUMNIST AND CO-AUTHOR, "THE PARTY'S OVER": He is very much -- and we're riding shotgun too, right? I mean, the media plays a big role in this. So I guess we should take our piece of it.
Here's the reality, the more that these kinds of comments become part and parcel of this race, the more that Hispanic voters are driven away from the Republican Party.
Two or three more of these rallies with Joe Arpaio and really it could be another generation before the Republicans get any significant number of Latino votes again.
[12:30:05] WHITFIELD: So what is going on here Brian in your view, I mean, he's in Vegas. And he'll be in Phoenix. And apparently he's not going to be in the convention center a much larger venue because he has said that, you know, a lot of people a very large crowd is going to come. We're seeing that in terms of the polls. He is, you know, risen to the top.
So he's message or something about him, right, is very popular. So he's hitting a nerve but at the same time he is also exciting a lot of people because the turnouts have been big.
BRIAN MORGENSTERN, REPUBLICAN STRATEGIST: Well look, we pay close attention to Donald Trump's campaign. I think for the same reason we pay close attention to I don't know car accidents and his hair, because it's unusual and upsetting.
I mean Donald Trump is getting an off a lot of attention for stirring up trouble. He picks fights. He -- to promote him self it's something he has done throughout his career.
I think if there's any credit at all to be given to him or at least some defense. I think its one thing in his comments as anti-immigrant as suppose to anti-illegal immigration. I think it's an important distinction. But the fact remains as I said -- as I've said before and I'll say it again he's going around insulting people to promote himself. And it's not really good for anybody. And in terms of the polls that you just talked about Fred.
Donald Trump is up there, but when you ask people if they would really support him, I think at this point it's to see him in debates. And when you ask those same people and that same polling data they said, "Would he be around at the end, is he really a viable candidate?" And it was only something like 7 percent actually thought he would stick around.
So, you know, again I wouldn't give credit to the polling data. He's insulting everybody, it's ridiculous. And that I think, you know, that's why it's so intriguing. But he is also highlighting the problem of illegal immigration which people do have care about.
WHITFIELD: OK. So, you know, well Brian you bring up. Is he a viable candidate, you know, that has been the conversation. But then now it seems as though, you know, everyone else is following his lead in terms of commenting or clarifying, et cetera.
And so, you know, I wonder Ellis especially if he and other candidates poise themselves for the first debate. How much of driving the conversation will, you know, Trump be doing?
HENICAN: Yeah. How viable do you want really? I mean by any measure that guy is extremely viable. I will leave it to Brian to make those careful distinctions between illegal immigration and exactly where the lines are, the way this thing plays to the vast majority of the Americans especially Latino Americans.
And so this guy is out saying a bunch of crazy stuff, he's driving the dialogue. And the other members of his party are in a very uncomfortable position about the -- do they attack him? What's he's going to do them in the debates? I mean this is by anything...
WHITFIELD: So what is he doing to the party? Because if you -- you know, at first we hear, you know, Brian's previous said, you know, to tone it down and then Donald Trump comes out it's really they're after and said it was a congratulatory call.
So I mean it almost seen that the party too is either beholden to Donald Trump or feeling like they're in an awkward situation where they can't really control him, I mean, nobody can, right?
MORGENSTERN: No. Of course not, nobody can control this guy, he's unhinge. Which is of course he's making...
HENICAN: Good word, good word.
MORGENSTERN: Yeah, which of course is making the other candidates very uncomfortable.
WHITFIELD: So that's making a party look bad? I mean, you know, forget about what he's doing to the other candidates I guess for a second. But what is he doing to the party itself Brian?
MORGENSTERN: Well it's distracting, as Marco Rubio said the other day. And I think that's the appropriate word because these guys who really have a chance to become president and really want to present their ideas in a positive lighting in ways to move the county forward, are getting pushed out of the debate by Donald Trump's, you know, bluster.
And so it is distracting, it's more than just annoying for the other candidates. And it's harmful. But it will bring attention of course to the primary debates which people might not otherwise watch. And I'm hopeful that some of these viable candidates like Rubio, you know, maybe Walker, maybe Bush will be able to capitalize on this as an opportunity to show, you know, what Donald Trump really is and actually stand up for what the party is pushing forward which is brighter future for America.
WHITFIELD: All right. So now back to some of the other candidates Scott Walker. We'll he is expect to make his formal announcement on Monday. But then something strange happened. Somehow that announcement was made via Twitter and Twitter is saying, "It's not the Scott, you know, camp it's not their fault."
So what is really going on here Ellis or is this -- was this a mistake or was this also kind of trying to test the waters? Is it trying to maybe even upstage Donald Trump?
HENICAN: Well it's all silly calculation honestly Fred. I mean the notion that we showed in the media and sort of go with this schedules of, well I am a candidate, I'm an exploring candidate, I'm thinking about a candidate, you know, what none of it matters.
The guy is running for president, he's going to make some announcement that we all expect. And it's going to be a surprise. And this is just part of the theater of it -- it's fun to watch but he's on the race let's see how he does.
[12:35:12] WHITFIELD: All right, Ellis Henican, Brian Morgenstern, let's leave it right there thank you so much. I'm sure we're going to have much more to talk about later because this is just keeps going, doesn't it?
All right, still to come on CNN.
Pope Francis is celebrating mass in Paraguay a thousands gather to hear him speak CNN Shasta Darlington is there live, Shasta.
SHASTA DARLINGTON, CNN BRAZIL BUREAU CHIEF: That's right Fredricka, he's just wrapped up the mass where many of his native Argentines turn out to hear him.
More on the Papal trip coming up.
(COMMERCIAL BREAK)
WHITFIELD: All right Pope Francis had just finished celebrating mass in Paraguay, hundreds of thousands of people attended. Many who traveled from Argentina, the Pope's home country.
Joining me right now to talk more about this is CNN's Shasta Darlington in Paraguay. So Shasta tell us more about the location of this mass and who was in attendance?
DARLINGTON: Well, Fredricka the Shrine of the Virgin of Caacupe is by far the most popular in Paraguay. Thousands of people make pilgrim which is every year to either thanks the Virgin or the pray to her to intervene on her behalf in the case of sickness and lost, desperation.
She's also very popular among Paraguay and immigrants who were living and working in the poor slums in Argentina.
Back on Pope Francis was the Archbishop of Buenos Aries.
[12:40:05] So there were lots of Argentine flags in the crowds today according to the officials, nearly 100,000 Argentines crossed the boarder to attend the mass today, the mass tomorrow.
And we did we heard Pope Francis actually referred to the Virgin Mary as an immigrant to herself who fled the country to keep her family safe Fredricka.
FREDRICKA: All right, Shasta Darlington, thank you so much.
All right still ahead, the killing of a San Francisco women has raise a new questions about so called "Sanctuary Cities."
Find out why the issue is creating tension between the Federal Government and Local Officials.
(COMMERCIAL BREAK)
FREDRICKA: All right, the arrest of an undocumented immigrant for the killing of a San Francisco woman has sparked new debate over so called "Sanctuary Cities."
San Francisco is one of hundreds of communities across the country that have policies or laws that limit the extent law enforcement and other. Government employees will help the federal government find or detain America has estimated 11 million undocumented immigrant.
Many are blaming San Francisco sanctuary status for the death of Kate Steinle. She was shot and killed while walking on one of the cities pier with her father. Juan Francisco Lopez Sanchez has pleaded not guilty to killing her.
[12:45:00] Sara Sidner has story.
(BEGIN VIDEO CLIP)
SARA SIDNER, CNN NATIONAL AND INTERNATIONAL COREESPONDENT: A father reacts to the searing pain of losing a loving daughter at the hands of a stranger.
JIM STEINLE, VICTIMS FATHER: You know, this was evil, evil personified.
[12:15:04] You know, this, this is evil, evil personified.
SIDNER: Jim and his daughter, 32-year-old Kathryn Steinle were taking a stroll on picturesque Pier 14 in San Francisco. At the same time, this man, Juan Francisco Lopez-Sanchez fired a gun he says he found wrapped in a t-shirt in a dumpster.
He says the shooting was an accident but the killing has sparked a national debate over immigration reform. Lopez-Sanchez is an undocumented immigrant who has been deported from the U.S. five times. It would have been six, but his case got caught in a local versus federal policy fight.
And let me just ask you this from a late person standpoint looking at this, it looks like San Francisco Sheriff's Department messed up here. What do say to that? ROSS MIRKARIMI, SHERIFF SAN FRANCISCO CITY AND COUNTY: You're completely wrong about that. As sherif I adhere to the laws that governed our land and San Francisco is not alone. In fact, one of the 300 municipalities have similar laws like San Francisco because what has not been reconciled on the federate level, local governments and state governments are devising new laws that help direct the relationship about ICE.
And what is troubling is that this word detainer that ICE are putting out there, that they had asked our department. They have known for a long that what we require in San Francisco, like the 299 plus other cities, is that we need a lawful court order, a warrans or court order that helps the transference of somebody in our custody to ICE and this has been in practice for quite some time.
SIDNER: Lopez-Sanchez had just been in federal prison and would have been put in deportation proceedings. But because of a decades-old outstanding warrant in San Francisco, immigration and customs enforcement handed him over to local authorities. But San Francisco declined to prosecute the old drug case and the sherif's department let him go free.
Even though immigration officials had asked San Francisco Sheriff's Department to notify them if he was to be released, but they did not.
Do you feel at all any guilt or responsibility for this?
MIRKARIMI: I feel horrible about this. This is absolute horrible. It's a senseless tragedy and I think it really does spotlight the fragmentation of how law exist between a local state and federal level and how it is completely sort of patchworked around the country. But you can't deny that over 300 cities now in a very short period of time have adopted laws like San Francisco, meaning, something that isn't working on the federal law.
SIDNER: The reason the sherif's department decline to notify ICE officials is because San Francisco is a so called sanctuary city. Generally speaking, it won't hand over nonviolent undocumented people without a court order.
But the family wants nothing to do with the political debates saying, their sole focus is on reminding the world of what a wonderful person Steinle was.
STEINLE: It's not bring Kate back. Again, I'm finding the guy and whatever at, you know, the justice will work its way to the system. But our focus is on Kate.
SIDNER: Sara Sidner of CNN, San Francisco.
WHITFIELD: All right, let's bring in our legal guides now. Avery Friedman, a civil rights attorney and law professor in 0:03:21 Kentucky today, good to see you. And in for the -- shall we say vacationing Richard Herman this week, Joey Jackson, criminal defense attorney.
AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Good for him.
WHITFIELD: I know, good for him, he never takes the weekend off.
FREIDMAN: Yeah, that's right.
WHITFIELD: HLN legal analyst Joey Jackson, also joining us from New York. All right, good to see both of you gentlemen.
OK, so Avery, you first, this is so perplexing. I think many people are very confused about how it is that local governments are allowed to make laws that may conflict with the enforcement of federal immigration law. Help me understand.
FRIEDMAN: Well, it doesn't conflict Fredericka.
WHITFIELD: No?
FRIEDMAN: And I think this has been politicize, it does not. We have had sanctuary cities for decades, there is nothing inconsistent. The argument that it somehow interferes with federal laws nonsensical. Federal law prohibits an intentional concealment of unlawful detained aliens and -- or people generally.
The bottom line on this thing is that all ICE had to do is get a warrant, get a warrant. The problem would have been solved. This has nothing to do with sanctuary city, nothing.
WHITFIELD: And the ICE arguments in this case -- but the arguments that ICE are, you know, makes in this case is that. The local authorities didn't make a phone call to inform them that they had him ...
FRIEDMAN: Exactly.
WHITFIELD: -- and were going to release them, is that true?
FRIEDMAN: Local authorities knew, local authorities knew and ICE knew that because of sanctuary status, all ICE had to do is get the warrant, there wouldn't have been a problem. It was ICE problem, it wasn't San Francisco's problem.
WHITFIELD: All right, Joey?
JOEY JACKSON, CRIMINAL DEFENSE LAWYER: Well, first of all, while my debate skills are not as vigorous as Richard Herman. Let me say this, I respectfully disagree with my colleague Mr. Friedman for the following reasons.
[12:20:06] I mean, this is a horrific act, number one. Number two --
FRIEDMAN: Of course, of course.
JACKSON: -- I think it absolutely conflicts. There is a 1996 law and that's a federal law and that empowers and requires the locals to cooperate with the federal government, OK, that's number two. Number three, cooperation is simply honoring a detainer, it's a immigration detainer and all that says, it doesn't say we're going to deport you, it's not an arrest warrant it's simply says to give us notification and it empowers the local government to hold someone for 48 hours, now further Fredericka, just arrest apparently or he was returned on March 26, they decided to drop the charges on March 27th, he was held until April 15.
What was to prevent a simple phone call? So I really...
WHITFIELD: And it likely they would have known about the process of the whole...
FRIEDMAN: A simple warrant, Johnny, a simple warrant would have been answered it.
JACKSON: But what I don't think they don't need to warrant and I disagree with the sherif there's no need for a warrant, now I do agree that in immigration detainer is not at all a command, it's a request. However, in line of the fact that the 1996 federal law requires cooperation, in line with the fact that these warrants have not been challenge as they relate to sanctuary cities. I really do that it's right for the time that they be listed unconstitutional.
FRIEDMAN: Held challenges on what basis Joey? Challenge on what basis?
JACKSON: Allow me to explain I'm glad you asked.
FRIEDMAN: Go ahead.
JACKSON: Challenge on the basis that the federal government is the authority n the law, when the federal government requires and says that you cooperate, you cooperate, you don't decide as a locality, what laws to enforce and what not to enforce?
And let me say this, it's one thing for a locality to affirmatively go out and saw it checking papers and do determining who's legal and who's not legal. That's what they
try to do in Arizona, and they said you can't do that, but it's another thing for a locality simply to honor a detainer that says notify us that's someone's here.
That's all you have to do.
FRIEDMAN: Sir, you know what? The reason and argument -- we've heard that argument before except what Congress did is they ask the inspector general of the Department of Justice whether sanctuary laws violated federal law based on what Joey's explained, bottom line that conclusion by the inspector general of the Department of Justice is that, it didn't violate laws, didn't interfere with federal law. So, while the argument is made about the 1996 law, in 2006 and 2007 Congress to the inspector general said exactly the opposite.
WHITFIELD: All right... JACKSON: And I'll say. one other thing if I briefly can, that was prior to the Arizona decision, I had two key points and that Arizona decision which struck down Arizona's intent to make all these laws...
FRIEDMAN: Based on the race.
JACKSDON: ... about checking papers. It said, number one, you cannot overstep the federal government and number tow, you cannot undermine the federal government, and number three...
FRIEDMAN: On race.
JACKSON: ... in 2009, no, no, no as it relates to status, as it relates to immigration, as it relates to doing anything that would be contrary to federal law. And finally, in 2009 Arizona their own attorney evaluated it and said, you know what this law has not been challenged and issue that in a memorandum. I think its right for challenge...
FRIEDMAN: And they lost, and they lost Joey, and they lost.
JACKSON: ... and local community should not be flouting federal law.
WHITFIELD: Hmm, all right we're going to live it there, gentlemen. Avery it was good to see you Joey, I don't know debate skills? Check, you were worried about that?
FRIEDMAN: I think he did all right.
JACKSON: Great to see you Fredericka.
FRIEDMAN: He did fine, he did as well if not better than Richard may be. I don't know.
JACKSON: Come back from vacation soon Mr. Herman.
WHITFIELD: Oh, I get it. Hey, I enjoy having both of you brilliant minds. Thanks so much, appreciate it, Avery and Joey.
FRIEDMAN: Bye-bye.
All right, still ahead, the fall out from the largest data breach against the U.S. government.
(COMMERCIAL BREAK)
[12:27:32] WHITFIELD: A look at our top stories right now, eurozone leaders are meeting in Brussels to decide whether or not to accept Greece's latest bailout proposals. The Greek parliament voted last night to approve the plan which includes new economic reforms and the ending the country's financial crisis. The proposal would result in spending cuts and increased taxes.
And in London Serena Williams has won her 6th Wimbledon title. She now has 21 major single titles, today's win marks four straight major won since last year's U.S. Open, if she wins this year's U.S. Open, she will be the first player since Steffi Graf, in 1988 to win the French, Australia and U.S. Open and Wimbledon and French Open all in the same calendar year, the so-called Calendar Grand Slam.
And we are learning new details about the worst data breach ever against the U.S. government, the U.S. officials suspect China may be to blame and President Obama could be among the millions of American whose personal information may be at risk.
Meanwhile the head of the Office Of Personal Management has stepped down one day after revealing the breach was much worst than expected, CNN Senior White House Correspondent Jim Acosta, has more.
JIM ACOSTA, CNN SENIOR WHITE HOUSE CORRESPONDENT: OPM Director Katherine Archuleta came to the white house and offer the resignation on Friday morning, President Obama accepted it, the White House says, because he believes new leadership is "badly needed' at the agency.
Administration officials say, personal data including social security numbers health records and in some cases fingerprints of 21.5 million federal employees and some of their relatives were swept up in this hack, stolen username and password where all the hackers needed to beak into the federal system.
The Chinese are the leading suspect at this point, but the White House has yet to publicly accuse Beijing of being responsible and will also stands the reason the President's personal data was also obtained. The White House were not safe for sure, there is an exchange I had with the White House Press secretary Josh Earnest.
(BEGIN VIDEO CLIP)
ACOSTA: May we know if the President's personal data has been brought out in this is that his involve in, in anyway...
JOSH EARNEST, WHITE HOUSE PRESS. SECRETARY: I don't have information about the President's personal data, but even if I did I'm not sure I'd share it and assess.
ACOSTA: But every federal employee since year 2000 and when course including the President -- are your data's sort of by these hackers?
EARNEST: Again I don't have any information about the President's personal data.
(END VIDEO CLIP)
ACOSTA: Archuleta's resignation came roughly 12 hours after she told reporters on a conference call that she wanted to stay at OPM to oversee the upgrading at federal of data systems, instead she will replace by Beth Cobert, a top official at OMB and Cobert starts next week. Jim Acosta CNN. The white house.
WHITFIELD: All right so much more straight ahead.
