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Multiple Fatalities and Wounded, Suspect Dead in Shooting; Washington Post Reports, Grand Jury to Consider Potential Charges against Trump; Biden Gives Intel Agencies 90 Days to Probe COVID's Origins. Aired 1-1:30p ET

Aired May 26, 2021 - 13:00   ET

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

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[13:00:00]

ANA CABRERA, CNN ANCHOR: Hello. I'm Ana Cabrera in New York.

We are following breaking news. Multiple people are dead following a mass shooting in San Jose, California. This happened early this morning at the VTA light rail yard. This is a place where light rail cars are stored. It is in downtown San Jose, directly across the street from the sheriff's department, we have learned.

And moments ago, we saw these VTA employees walking near the scene. We've learned the shooter is dead. We're not sure how he died. We also know there are multiple victims both killed and injured, but we haven't been given an exact number.

CNN's Dan Simon just arrived on scene. He just spoke to a worker. What are you hearing, Dan?

DAN SIMON, CNN CORRESPONDENT: Well, hi, Ana. This worker I spoke to who did not want to be identified said he did not witness the shooting but it's his understanding that this happened at the beginning of a shift.

Now, he wasn't aware of a formal meeting taking place when this shooting happened but he said it would not be uncommon for workers to be getting their operating instructions for the day, to be huddling together, and he said it's his understanding that's when these particular shots rang out.

We are in front of a county building, Ana, the reunification center for families has been moved from the sheriff's office to this particular county building. I can tell you that we have seen some family members show up, some anxious folks.

I spoke to one gentleman who said that his neighbor actually works for the VTA, a very close friend of his. He said he's been trying to get in touch with him. When he heard the shooting he immediately dashed to this reunification center to find out what he could. He's very anxious, as you might imagine, as all of these loved ones are, trying to find out information about what happened to the people they knew who were huddled at this VTA transportation hub when these shots rang out just before, or just after 6:30 in the morning.

Again, Ana, we don't have final confirmation in terms of how many fatalities but we do know that there are multiple, also don't know what particular weapon was used and very little information at this point in terms of who the shooter might be. Ana?

CABRERA: Again, we are so short on information here, Dan, but give us a better sense of where this happened because my understanding is it's right across from the sheriff's office. Is that right?

SIMON: Very close actually to the sheriff's office and where we are. This is near downtown San Jose. This is a very vast area. This happened at a light rail yard. This transportation facility services Silicon Valley and the broader Bay Area. And these were transportation authorities who were showing up for work this morning when these shots rang out.

And, again, according to this employee it appeared that they were huddled together, maybe getting their ornamenting instructions for the day, being told what they needed to do for the day when all of the shots rang out. Ana?

CABRERA: And, Dan, do you have a sense of how many people, employees were at the facility at the time?

SIMON: Obviously, there were many dozens of employees. I can't tell you the precise amount. I can tell you that the transportation authority, as a whole, employs thousands of people given that we're talking about the very start of a workday when a lot of people hop on these light rail cars. Presumably, you're talking about a lot of people who would be at that facility showing up for work, but, again, I can't tell you the precise amount.

CABRERA: Okay. We know you're continuing to gather new information. Thank you, Dan. We'll come back to you as you have more to tell us.

With us now is CNN Law Enforcement Analyst Anthony Barksdale. And thank you so much, sir, for being with us. I know you've been with us all morning long since this news first broke. As this investigation is unfolding, what questions do you have right now? What stands out to you?

ANTHONY BARKSDALE, CNN LAW ENFORCEMENT ANALYST: What really stands out to me is that it appears the law enforcement and public safety effort at the location really seemed to have their act together. This didn't just, you know, happen. They had to train, they have to work together to form what I called packages to go into this location, take care of victims, get them out. Now, they're coordinating to work, to get more information to the victims' families.

So, I just want to say I'm seeing a lot of solid work from that public safety effort there. Unfortunately, we've lost more citizens to gun violence but they seem to have done a good job today.

CABRERA: However, we don't know exactly how long it took for law enforcement to respond.

[13:05:02]

And what has stood out to me, again, is the location, which I emphasize there with Dan I'm on the scene, he says this is so close to the sheriff's department. I mean, talk about brazen.

BARKSDALE: Absolutely. And I'm wondering, this person, if they know that the sheriff's office is right there, is this suicide by cop? They're willing to go, in take lives and if they die, they die. If that's the mindset, that's very hard for any agency to overcome.

And the rounds come out of a weapon far faster than many people realize. You can have a mass situation, mass casualties in the blink of an eye with the proper weapon. Now, the full auto, a semi auto, or even a revolver, depending on the shooter, they can fire multiple rounds and reload, if necessary, in seconds. So it's something everybody really needs to think about when it comes to these mass shootings, how fast it can happen.

CABRERA: It is chilling as you say that, because, again, if this is happening so close to a place where people are there to protect, to a law enforcement facility, it feels like it could just happen anywhere. And I know we've said that before but these shootings keep happening in places you would least expect. And there's so much we still don't know. We do know the shooter in this case is dead. What do you think investigators are doing right now?

BARKSDALE: Well, first they need to what I call run out the case. Get as many -- get as much evidence, get as many facts as possible, get witness statements. You're really looking for the motive, what happened, what caused this person to do this. My biggest thing is I'm wondering the gun, the weapons maybe, how did this person come into possession of these weapons, should they even have had them in the first place? I would be tapping the ATF to get me everything that they can on the serial numbers, the bullets, everything. You've got a lot of work to do.

And right now, you're really concerned about giving the families as much information as you can right now. And it's just a difficult thing to deal with. But they're in a process, I can tell by the press conference, that they're still keeping some facts close to their vest and that's understandable when you have an incident like this.

CABRERA: Commissioner Barksdale, we are anticipating another update at 1:30 Eastern, so 10:30 local time. That's in less than half an hour. We'll come back to you as we get more information from authorities. Thank you so much for your analysis and insights.

I want to bring in California Congressman Ro Khanna, who is there in California right now. Congressman, thank you for being with us.

Another mass shooting, this time in your home state, in your district. What's going through your mind right now?

REP. RO KHANNA (D-CA): Ana, it's just an unbelievable tragedy. It was a punch to the gut, sickening, outrageous. I know a lot of the people at the VTA. They are public servants. They keep our public transportation running. They don't get paid a lot. They show up to work every day. And to have this happen at their workplace is just such a devastating, heartbreaking blow to our community.

CABRERA: Have you been in touch with any of those folks you know over there this morning since this happened?

KHANNA: I have. I reached out to Glenn Hendricks, who is the chair of the VTA. We've reached out to representatives at the VTA. I've reached out to Mayor Liccardo. We've offered any support and, obviously, to the law enforcement who responded and to the health care responders who really have done an extraordinary job. But we're waiting like everyone to hear the facts and my heart is just with those who are grieving.

And then what your last guest said, I mean, the fact that you can have in this country a gun that can take many lives in seconds and that this keeps happening in community after community every other week and we still haven't done anything in Congress is outrageous and it's personal. I mean, it's personal every time it happens to your community. And I've been in Congress for almost five years and since I've been in Congress, we haven't passed a single thing on gun violence.

And we need to really do something in this country or we face these kinds of incidents again and again and they destroy lives, they destroy communities, and those lives can never come back.

CABRERA: And, in fact, it's not just week after week or month after month. It's day after day, seemingly. We were just reporting over the weekend there were more than a dozen mass shootings around the country. We reported that on Monday.

What needs to change so that these tragedies stop happening?

[13:10:01]

What specific action can Congress take to make a difference?

KHANNA: Well, the most basic thing we ought to do is pass universal background checks. That means if someone has issues and could be able to take an action like this, they shouldn't be getting a gun. And we passed that in the House. It has the approval of 80 to 90 percent of the American public and the Senate hasn't passed it.

I mean, who is against a background check so that people who could kill multiple individuals don't get guns? That is the most basic thing. I mean, there are other facts that we can do. But we can't even get the most basic thing through and it's because the Senate has failed to act. And if the Senate acts, I'm sure the president would sign it. CABRERA: In fact we were reported last week Senator Chris Murphy, a Democrat who has been leading negotiations over gun legislation in the Senate, was signaling that hope was fading for a bipartisan deal specifically on expanded background checks. Do you think today's events might increase pressure on Republicans to get something done?

KHANNA: I don't understand it because there are a lot of Republicans in my district and they all are fine, the ones who show up to town halls, saying, yes, we should have a background check. We don't want people who could be a danger to society, who can show up to a VTA and, in seconds, take the lives of multiple people and ruin the lives of families. We don't want them to have guns that can do that kind of violence. That's all that a background check is saying. It's not doing anything against law-abiding citizens with guns. It's got over 80 percent approval.

And people are asking what is dysfunctional about our democracy? It's something that is common sense with 80 percent approval can't get done. And the consequence is families who've lost their loved ones in communities like mine that face this extraordinary devastation.

CABRERA: Some families in your community are getting the worst news ever today. What's your message to them?

KHANNA: My heart breaks for them. I don't have words, frankly, to console them on such an unspeakable loss. I mean, I know their lives will never be the same. And I can just pledge to them that I will do everything in my power to try to work towards a solution on gun violence and to work to make laws that help them.

But I know they're going through an unbelievable pain and I'll be there, as will many people in the community, for them.

CABRERA: My heart breaks for your community today. Thank you, Congressman Ro Khanna, for joining us.

KHANNA: Thank you.

CABRERA: We are getting more information on this shooting. It's coming in to Dan Simon. He's on the scene right now. He's gathering that for us. We'll go there on the other side of a quick break. Stay with us.

You're watching CNN.

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[13:15:00]

CABRERA: As we continue to follow this breaking news, we just got some new information. We are learning, according to officials, that there are multiple active scenes connected to the shooting that took place in San Jose, California early this morning around 6:30 local time. Of course, the investigation is just getting started.

Our Dan Simon is on the ground getting more information. We're also expecting a press conference with the latest information from authorities around 1:30 Eastern, 10:30 local time. So that's in less than 15 minutes. We'll bring that to you live right here on CNN.

In the meantime, we are also following the growing possibility that former President Donald Trump could face criminal charges. According to The Washington Post, Manhattan's district attorney has formally convened a special grand jury to decide whether to indict Mr. Trump and/or those close to him and his business as part of a larger investigation into the Trump Organization. This is the same office that was ultimately given access to Trump's long-withheld tax returns.

It's now a two-year-long investigation that has been looking into whether the Trump Organization misled lenders and insurance companies about the value of properties and whether they paid appropriate taxes. Also said to be part of this probe, those hush money payments to former porn star Stormy Daniels.

And with us now is former Federal Prosecutor Shan Wu. Shan, what does this tell us about the evidence prosecutors have gathered so far and where they are in this investigation?

SHAN WU, CNN LEGAL ANALYST: It tells us that they have reached an important later stage in the investigation. The fact that the recent news came out that the New York State attorney general's investigation has now basically joined with the Manhattan D.A.'s investigation tells us that this case has potential criminal legs. You wouldn't be going to this stage if it didn't.

The special grand jury, the utility for that is its continuity. You want the same people becoming familiar with the evidence. So this grand jury will sit for a longer period of time, meets more often, and the prosecutors are beginning to put in the evidence and shape a potential foundation for potential charges. They really have to shape it because there's a massive vomit of evidence here. They can't just dump the whole thing on the grand jury.

CABRERA: We've heard millions of pages of documents as part of all of this. And as someone yourself who is now a defense attorney, if you find out a special grand jury has been convened, what are you telling your client?

WU: I'm telling the client that you're in great jeopardy at this point. And that's something that Trump's legal team would have to be on high alert for at this point.

What's happening right now is obviously there's been a lot of work done already. Prosecutors don't just open the grand jury then start work.

[13:20:00]

In this case, there's already been litigation up to the Supreme Court about the subpoenas.

So what's happening now is they're at the shaping stage. And if you're the defense counsel, you want to figure out what that shape is. You want to be trying to talk to the prosecutors and say, hey, what's going on, what are you thinking here? We would perhaps like to be cooperative but let us know what you're thinking. So you're trying to discern the shape of what's going on here in order to best prepare for what charges might happen.

CABRERA: And, of course, grand jury activity is all done behind closed doors. We've learned this grand jury is going to sit for three days a week for six months. Can you talk to us more about who these jury members could be? Are they selected randomly? What are they going to do each day? Give us some behind-the-scenes of how this will work.

WU: Sure. The grand jury, as opposed to what they call a trial jury, often called a petit jury, is selected the same way. It's just members of the community. And when you get notice that you're being asked to come to jury duty, it simply is known as -- and they'll tell you is it grand jury or petite jury.

As a potential juror, you want the petit jury because there's less time involved. The grand jury is going to meet -- a typical one meets on a monthly basis. You're going to stay impaneled for the month. And there's not much vetting for the grand jurors, unlike in a trial where you're used to the lawyers really asking a lot of questions, judges asking questions. There will be some general questions about generic impartiality. But, usually, they don't know yet the kinds of cases that they're going to be hearing evidence for.

Now, this grand jury will hear other cases as well. You sometimes will get a grand jury, which only is doing one case. This one will hear other matters as well. So each day that they report in, they're going to hear different cases and different kinds of evidence. But always the prosecutor will be their guide, so to speak. The prosecutor will talk to them first and tell them what's about to happen.

CABRERA: So if the prosecutor is the guide, it's my understanding that a grand jury can sometimes be used more as an investigative tool, as a way to secure subpoenas and witness testimony. Prosecutors don't always ask a grand jury to indict. What tells you this is about indictments or that's where it's headed?

WU: It's the momentum, Ana. The case has been going on, the investigation has been going on for a long time, and it's expanding, not contracting. And sometimes, as you said, prosecutors will use the grand jury just for investigative purposes or even to cover themselves. They decided not to prosecute but they want to say, hey, we presented all this evidence to the grand jury.

But the momentum here is it's getting bigger and it's taking a long time. And that, to me, indicates that someone or something is probably going to get charged. The something could be a business entity as opposed to an individual.

CABRERA: Quickly, if you will, Shan, what will you be watching for next?

WU: we'll be watching for who goes into that grand jury. And even though it's a secret proceeding, the witnesses, as we've seen in numerous other cases, are free to talk about the fact that they've been in there, even what they testify to.

So watching who goes in. Certainly, if we hear that Weisselberg, the CFO has gone in, very, very significant, probably indicates he has a cooperation deal. Same thing if Michael Cohen goes in. He's indicated he's very enthusiastic to go in. And, of course, very importantly, were we to hear or see any evidence of any of the family members or the children going in, that would tell us a lot.

CABRERA: Shan Wu, I'm sure this conversation continues another day. Thank you, my friend. It's good to see you.

WU: Good to see you.

CABRERA: Moments from now we have an update on that deadly shooting in San Jose, California. We've learned there are multiple fatalities, multiple injuries. We hope to have more details just ahead. Stay with us.

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[13:25:00]

CABRERA: Roughly 18 months after COVID-19 first emerged in Wuhan, China, we still don't know the virus' origin. And just in today, President Biden tells us he has tasked his intelligence agencies to uncover that mystery and report back in 90 days.

Now, this comes after CNN learned a secret Trump-era investigation into that unanswered question was shut down by the Biden administration. Last fall, the Trump State Department launched a probe, reportedly to explore whether coronavirus originated in a Chinese lab. But sources tell CNN the Biden White House pulled the plug over concerns about the quality of their predecessors' work.

CNN's Kylie Atwood broke the story. She joins us now. Kylie, what do we know about this prior probe and this new 90-day assignment?

KYLIE ATWOOD, CNN NATIONAL SECURITY CORRESPONDENT: Yes. So what we're learning essentially is that this was a very closely held State Department project. It was launched in the final months of the Trump administration. What these folks at the State Department were looking into was trying to collect information that would prove that COVID-19 came from a Chinese lab.

And, of course, they were also looking into one of the questions out there, which is that it could have possibly been connected to China's biological weapons research and development program.

[13:30:05]