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DOJ Releases Redacted Mar-a-Lago Search Warrant Affidavit; California To Ban New Gas Car Sales By 2035; Ukraine Accuses Russia of Continuing To Shell Area Near Nuclear Plant; Interview With Member Of Ukrainian Parliament Maria Mezentseva; Record Number Of Migrants Arriving In NYC By Bus From Texas; Buffalo Bills Rookie Accused In Gang Rape Of Underage Girl; Water Police In Southern California On Lookout For Violators. Aired 11a-12p ET

Aired August 27, 2022 - 11:00   ET

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

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[11:00:14]

FREDRICKA WHITFIELD, CNN ANCHOR: Hello, everyone. Thank you so much for joining me. I'm Fredricka Whitfield.

We begin this hour with new questions swirling around former President Donald Trump following the release of the DOJ's heavily-redacted affidavit. The document unsealed on Friday shedding new light on the unprecedented search of Trump's Florida home, Mar-a-Lago.

It details why FBI agents had probable cause to believe that classified national security materials were taken to unauthorized locations at that resort. The affidavit also gives new specifics about classified materials -- 184 classified documents, in fact -- retrieved in January before the FBI search in August.

The former president firing back asking a court to appoint a special master, a third party attorney to oversee the review of the evidence confiscated from his home.

Let's get right to CNN's Marshall Cohen. Marshall, good to see you. So walk us through this heavily redacted affidavit.

MARSHALL COHEN, CNN REPORTER: Fredricka, good afternoon to you. It was heavily redacted, but you know what? There was a lot of stuff we got to see, which was great because this is such an important investigation. Transparency is critical.

So this was what the FBI was telling the judge why they needed to do a historic search of the former president's home down in Florida. They were making the case that basically classified documents had been found before and there might be more to come.

Take a look at these numbers. This is what they said were recovered from Mar-a-Lago earlier this year. 67 confidential documents, 92 secret. And going in order from the least classified to most, 25 top secret. And all the experts have said that it's those 25 top secret documents that really made their skin crawl because of what else was in that affidavit.

That affidavit explained specifically some of the markings on those documents that Trump brought from the White House to Mar-a-Lago. It's a ton of alphabet soup, but it's so important so I'll break it down for you.

Some of the documents were labeled ORCAN. That means the originator, the agency that made the document, they need to sign-off on anyone else who sees it, really closely-held.

HCS, those are human sources. It's a fancy way to refer to spies -- CIA spies in foreign countries that help the U.S. government. Obviously it's in our interest to make sure that nothing about them is mishandled or leaked.

NOFORN means that the material is really for U.S. eyes only. It can't be shared with any foreign entities or governments, even our allies.

SI, those markings indicate special intelligence often related to signals intercepts, stuff that the NSA handles from its collection programs.

And then some of the documents at Mar-a-Lago had FISA markings on them. That's about the court-ordered surveillance related to foreign threats, foreign counterintelligence and things like that.

Some of the most closely guarded secrets that the government definitely does not want hanging around in unsecured locations at a club down in Florida. So that's why they asked for the search, Fred.

WHITFIELD: Yes. Yes. I mean it's pretty significant, you know, the findings that had already taken place and then the suspicions that were ongoing.

So are you able to tell us more specifically, you know, what the FBI was able to tell the judge about what they were expecting to find?

COHEN: Right. So what everything I just laid through, that was what they had already got their hands on. What they said to the judge was that there might be more. Basically they said that they believe there was probable cause that there were classified materials still at Mar- a-Lago, probable cause that presidential records could still be at Mar-a-Lago.

And those presidential records, by the way, are owned by the U.S. government. They're not owned by Donald Trump. And then they also said the FBI affidavit that they believed there was probable cause of evidence of obstruction at Mar-a-Lago.

Fred, we looked through the whole affidavit. Most of the information on obstruction was heavily redacted, so we don't have that many details on the obstruction part of this case. But the other parts that they thought there were more classified documents, the judge found that to be reliable.

He approved the search. They did the search, and Fred, they found more classified documents. So their suspicions were correct.

[11:04:56]

WHITFIELD: All right. Marshall Cohen, thank you so much for that break down, really so important. And eye-opening, right.

All right. Let's turn now to former federal prosecutor Michael Zeldin, and former general counsel for the National Security Agency or NSA Glenn Gerstell.

Good to see both of you, gentlemen.

So Michael, you first. I mean a lot of key details, you know, were redacted from this affidavit. But that first sentence saying the government is conducting a criminal investigation concerning the improper removal and storage of highly classified information in unauthorized spaces, as well as the unlawful concealment or removal of government records.

So break down for us what that means and how serious that those allegations are.

MICHAEL ZELDIN, FORMER FEDERAL PROSECUTOR: What it tells us is that the investigation is an ongoing criminal investigation. That is, it wasn't just to retrieve the documents and then the case is closed.

There are others that they are looking at who may have been involved in the removal of these documents from the White House to Mar-a-Lago who did this, and how did they get these highly classified documents out. And then what were they doing with these documents once they were out? Those were the two things that they most are concerned with.

And interestingly, Fred, in the request for sealing paragraph of the attachment to the affidavit, it says the FBI has not identified all of the confederates to this ongoing investigation, and if you don't seal this warrant they will be notified by people who are other subjects of this investigation.

So they're very much concerned about identifying additional co- defendants potentially and the possibility that if they were notified they will destroy the evidence. That's pretty telling stuff.

WHITFIELD: It is. And Michael, just to follow up to that then, remember there have been advocates of Trump who have said, hey, release the CCTV so we that can see how the FBI conducted its search. Might the same be applicable to the FBI or other law enforcement agencies, say, we'd like to see the security video at that home, Mar- a-Lago, to see what kind of access, who had access to that bedroom and the storage room, the facilities where they were able to retrieve these documents. Do you see that happening if not already?

ZELDIN: Exactly right, Fred, because if you have an investigation that is in part concerned with who had access to these documents and what were they doing with those documents, if you have video surveillance of the boxes in the storage room, then you can exactly see who is coming in and who is going out and whether documents were removed or not removed or shuffled around.

And that is compelling evidence because what you want in an investigation where the FBI says we haven't identified all of the confederates to this and we want to know what they were doing, then you have ample opportunity now to learn who these people are through the CCV tapes. And then when you have more defendants you have the opportunity for more people to strike a deal, cooperate, and flip.

WHITFIELD: Wow. I mean this is really just the beginning, isn't it?

ZELDIN: Yes.

WHITFIELD: Even as revealing as all of this is.

Glenn, I mean, we're talking about 184 documents marked classified, several said to be extremely restricted that could disclose confidential human intelligence sources and surveillance technology abilities.

So in your view how damaging could these documents of what we know so far -- I mean you heard our Marshall Cohen explaining, you know, documents that were marked ORCAN, meaning the originator, you know, must have approval to share or that there would be documents that you wouldn't want any foreign entities to see, that there was also special intelligence.

So a lot could potentially go wrong if these things ended up in the wrong hands. Do you think it's already happened potentially?

GLENN GERSTELL, FORMER GENERAL COUNSEL, NATIONAL SECURITY AGENCY: Fred, you know, that is of course a key national security concern about all this. We're worried both about the question of who might have had access in the past. And to that end we already know on at least two occasions Chinese citizens have been caught at Mar-a-Lago, one of whom ended up being prosecuted actually, successfully who was caught with some extra cameras and possible spy paraphernalia.

We still don't know the full details of that story. But we are concerned about who might have had access, and of course, we want to get the documents back in the federal government's hands in a security facility so that we can be assured they won't be viewed by anyone inappropriately.

[11:09:46]

GERSTELL: But the question that the intelligence community has to decide right now is, is there a chance that some of these documents might have been accessed by someone who didn't have proper authorization and who may have given that information to our foreign adversaries?

We almost have to assume the worst case analysis and understand what's in those documents, what codes or battle plans or strategies might have been compromised and then we might have to make some changes on the basis of that. This could be quite significant. WHITFIELD: And then Glenn, of course, there are all those questions about preceding the actual acquisition or the transfer of these materials to Mar-a-Lago. There had to be a lot of eyes and hands on these documents. And in what form?

Are we talking about someone who would, you know, photo copy them or are these the original copies? I mean, those are just some of my questions and this is not my business. That's your business. What are the questions you have about how it even got to Mar-a-Lago?

GERSTELL: It's just hard to understand completely. You know, I used to deal with classified documents all the time, and boy, there was no mistaking them. They've got big red letters all in caps at the top of the page and at bottom of the page, the cover page of documents says "top secret" or "confidential", whatever it is, including these extra legends that Marshall referred to earlier about not for foreign distribution and FISA and information relating to human sources which we really want to keep under the tightest possible wraps. Who would possibly for any national security reason want to expose the identity of people working for us (ph).

So these documents were not easy to miss. It's almost inconceivable to think that someone would be standing even in the last chaotic days of packing up and throwing these -- documents willy-nilly into a box without regard to the very, very clear labels on top of them. It's just awfully hard to understand how that could happen.

WHITFIELD: And then Michael, the whole issue of the obstruction of justice I mean that's another layer -- this is really big deal. And when the affidavit says the National Archives made requests for documents held at Mar-a-Lago for about seven months.

I mean so there's some history now of the suspicion, the asking, the receiving some but then knowing there still were more that had to be answered to. I mean -- so when we talk about obstruction of justice are we talking about all of the things that stood in the way of voluntarily handing those things over once National Archives or any other entities suspected that there's more at Mar-a-Lago or elsewhere?

ZELDIN: Absolutely, and that's just the first layer of it. That is what has been sort of laid out directly and inferentially in the affidavit.

But what we don't know in terms of obstruction is whether there were people talking to witnesses, potential witnesses. Remember in the muller investigation one of the allegations of obstruction against Trump was that he was dangling pardons, trying to get people to be induced to not talk. So what we don't know here is what is it that they were considering obstruction besides or in addition to not returning the documents and making false representations.

Remember there was a letter that said we have no more classified documents here in Mar-a-Lago, go away. Then they do a search and they find 20 boxes that contains that material.

So I think the FBI just is very distrustful of Mar-a-Lago personnel who are responding to them. And because they don't know who else is involved in this, they have to be very careful that these people are not to be tipped off, if you will, to what's going on here.

WHITFIELD: Right. And just listening to the content of what both of you are saying it certainly helps paint a picture of that if among the potential, I guess, accomplices whether it be unwittingly or otherwise. We're not talking about just one or two, but it would conceivably be many, maybe even dozens of people who would have to have been participants in all of this based on how you all have just painted the picture.

ZELDIN: Yes. I think Glenn would know better than I how many people have to make sure that classified documents remain secured and how if there are this willy-nilly effort to get documents out of the White House. That really violates every protocol around this -- the maintenance and storage of these documents.

WHITFIELD: So Glenn, you want to take a stab at potential numbers?

GERSTELL: Hard to say, but the surveillance tapes will shed light on that. But you know, one of the points that hasn't been mentioned too much is in the news reports about all this is there's a section of the Espionage Act, which is referenced in the search warrant itself, that refers simply to grossly negligently allowing someone who doesn't have proper authorization to look at documents.

GERSTELL: So if this was the case -- and I emphasize if, we don't know the facts.

WHITFIELD: Right.

[11:14:49]

GERSTELL: But if it turned out that President Trump specifically allowed an assistant, a secretary, an aide, a worker to have access to these documents knowing that these documents contained National Defense Information and knowing they weren't authorized, just on its face that certainly looks like a violation of that provision. So this raises very, very serious legal issues.

WHITFIELD: Yes. All right, we'll leave it there. Gentlemen, thank you so much. Glenn Gerstell, Michael Zeldin good to see both of you. Appreciate it.

ZELDIN: Thanks Fred.

WHITFIELD: All right. Still ahead in just over a decade you won't be able to buy a new car in California that runs on gas.

Plus they arrive almost daily, buses filled with migrants sent from Texas to New York. How the state is grappling with the surge in asylum seekers.

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[11:19:41] WHITFIELD: All right, welcome back.

California is leading the charge to reduce emissions and combat the climate crisis. And this is how. State air regulators voted this week to approve a plan that would ban the sale of new gasoline-powered cars by 2035. The proposal would not impact used cars.

CNN's Chris Nguyen joining me live from the gold state so Chris, tell us more about this plan. Could we expect other states to even follow suit?

CHRIS NGUYEN, CNN CORRESPONDENT: Fred, Good morning to you. That's right. A handful of other states are likely to follow suit. They know that California accounts for a big chunk of the U.S. Car market.

But a lot has to happen between now and 2035. Experts say if this is going to be successful, it's going to come down to infrastructure and consumer demand.

We'll get to those points in just a bit, but first let's talk about the numbers. These are the benchmarks from the state, and remember this applies only to new vehicle sales in California. So the hope is that 35 percent of new vehicles would be zero emission by the year 2026. The target then goes up each year until 2035.

But there are a lot of concerns right now about the power grid, and there seems to be a disconnect between what the goals are and the state's ability to achieve them. Take a listen.

(BEGIN VIDEO CLIP)

LANCE HASTINGS, PRESIDENT, CALIFORNIA MANUFACTURERS AND TECHNOLOGY ASSOCIATION: Great things can happen for California, and in fact that's when it gets exciting that California exports its good ideas, but they have to be reachable and attainable and not really collapse the entire economy.

(END VIDEO CLIP)

KATY SMITH, LOS ANGELES RESIDENT: Make it where it's easier for us to get that, you know, to get electric cars and not so difficult, you know, and the time it cost us and everything because we want to follow the rules but we can't follow the rules if you all aren't helping us.

(END VIDEO CLIP)

NGUYEN: And back here live a study from UC Davis estimates that California may need to install an additional 1.9 million public charging stations like the ones you see behind me by the year 2035 to meet the expected demand.

Moving forward, California will need to get a waiver from the EPA to enforce the ban, but legal challenges are very likely, Fred.

WHITFIELD: Oh, wow. All right. An idea and approval but still a whole lot of work to be done. All right. Chris Nguyen, thanks so much.

All right Still ahead, has a nuclear disaster been avoided? Ukraine's largest nuclear plant is back online after it was disconnected from the power grid but Ukraine says Russia is still continuing attacks in the area. We're live in Ukraine next.

[11:22:15]

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WHITFIELD: Welcome back.

Ukraine is accusing Russia of continuing to shell the territory around the Zaporizhzhia nuclear power plant. The latest attacks come one day after the plant was finally reconnected to the country's power grid avoiding a potential nuclear disaster. The facility lost the connection on Thursday for the first time in its history after fires damaged a key power line.

CNN's Sam Kiley is in Ukraine near the nuclear plant. So Sam, what is the situation today?

SAM KILEY, CNN SENIOR INTERNATIONAL CORRESPONDENT: Well, here in Zaporizhzhia it's a bit Ground Hog Day in many ways because the threat has returned once again with these reports of shelling or allegations of shelling by both Ukrainians and Russians into or around this very sensitive nuclear power plant because that presents a potential military threat that on top of that there's also Fredricka, a civilian threat of the Russians potentially trying to steal the electricity produced there and put it into their own grid.

But this is how things unfolded the last few days.

(BEGIN VIDEOTAPE)

KILEY: This nuclear power plant is making history that no one wants to read. Its six reactors are the first ever to have fallen into enemy hands and the first to have the main power source for their cooling systems cut during combat.

They're also the first to have triggered the emergency cooling system to avoid melt down and a radioactive disaster because of war.

VOLODYMYR ZELENSKYY, UKRAINIAN PRESIDENT (through translator): If the diesel generators hadn't turned on, if the automation and our staff on the plant had not reacted from the blackout, then we would already be forced to overcome the consequences of a radiation accident.

KILEY: It's only source of main line electricity from government-held territory was cut, the government here says, by Russian shelling. Russia captured the plant in March and has been using it as an artillery fire base for a month. It's been hitting civilian towns west across the Dnipro River.

Civilians have been fleeing Enerhodar the town closest to the plant in fear of war and the radioactive disaster brought on by it.

Russian troops, they said, were ill disciplined and dangerous.

UNIDENTIFIED FEMALE (through translator): We tried to keep away from them because it was scary. They walked around with machine guns and who knows what they could do. At night they would get drunk, shoot-in the air. People were scared.

KILEY: The power to cool the systems was restored yesterday, and the reactors eventually reconnected to the Ukrainian grid on Friday, supplying up to a fifth of the country's electricity.

But Kyiv fears that Russia may cut power to its cooling system again as part of the alleged plan to steal its output, and that would risk a melt down.

The Zaporizhzhia nuclear power plant is only about 20 miles from where I'm standing. There's a powerful easterly blowing at the moment. If there was a disaster there, radioactive material would be carried into the sun and into Europe.

[11:29:46]

KILEY: International demands that Russia removes its forces from the plant and allow nuclear inspectors are increasingly strident. And in Ukraine nuclear decontamination drills are just another part of war.

(END VIDEOTAPE)

KILEY: Now, I think we can expect those decontamination drills to increase, and at the same time there are desperate efforts being made by the international atomic energy agency to get their inspectors into the nuclear power station. But that itself is fraught with difficulties. It is effectively slap bang -- excuse the pun -- on the front line, Fredricka.

WHITFIELD: All right. Sam Kiley, thanks so much.

Coming up, record numbers of migrants arriving via bus into New York City from Texas, but how is the city already facing its own growing homelessness crisis accommodating people to seeking asylum?

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[01:34:54]

WHITFIELD: All right. Six months of war in Ukraine and there have been ripple effects around the world particularly as concerns continue about the Zaporizhzhia nuclear power plant as Ukraine is accusing Russia of continuing to shell the territory around it.

Joining us right now is Maria Mezentseva. She is a member of Ukraine's parliament. Maria, so good to see you.

How concerned are you that the shelling around the nuclear plant could potentially lead to a disaster? MARIA MEZENTSEVA, MEMBER OF UKRAINIAN PARLIAMENT: Thank you,

Fredricka, for bringing up this extremely important topic. And you know in terms of international law, international humanitarian law, Russia has breached every possible article of it.

And if we are talking about disaster we're coming up with the new notions, for instance, like ecocide (ph). We're witness now sort of a genocide of Ukrainian population when Russian power tries to erase from the planet earth, erase us from existence, to prevent us from developing and coming back to our European groups.

But the fact that the disaster might be happening at the Zaporizhzhia atomic power plant station which is the largest one currently in Europe. A disaster as measured by many scientists and professionals in energy sector which might be rather bigger than the one from 1986 in Chernobyl event.

And I have to say right now we're looking positively at the events (ph) and the diplomatic instruments are working here positively now with regard to a possible visit of the experts from the International Atomic Energy Agency which you've discussed quite recently with an expert. This visit is extremely important for us.

First of all, this is the only international organization which in its profile and functioning has its powers to influence the situation. We understand that Russia will prevent any possible normal route of the experts to visit the station, and this is what we're witnessing currently.

But not only that. It is very important that one of the visits of technical issues happen first in 16 years, there will be two of them. And it's very important to combine all the elements.

WHITFIELD: Why do you trust --

(CROSSTALK)

MEZENTSEVA: We hope that neither of disasters will happen.

WHITFIELD: I'm sorry to interrupt but I'm wondering why do you trust that Russia will allow access?

MEZENTSEVA: No Fredricka, we don't trust that. We understand that Russia is trying to use the energy crisis and general nuclear power as it's been using it since the (INAUDIBLE) when Ukraine and Georgia were not able to join NATO. Russia behind the scenes, behind the closed doors talking to international leaders of the NATO was using nuclear power as an argument.

We don't believe that they will be trying to provide an easy way for that, but we see at the same time that they are trying to put out as Ukrainian governments and high officials, they are trying to press us for peace talks, which we will not allow to happen under the Russian circumstances.

That's why they have to commit to international law and specifically to organizations they belong to, which is International Atomic Energy Agency. And we really don't want any disaster to happen at the largest power plant station in Europe, which will go beyond the subcontinent.

WHITFIELD: Yes. Of course it would seem nobody would want that.

So now six months into this invasion is it your feeling that it's through diplomacy this will come to an end? Or do you believe there are going to be more -- there would have to be more drastic measures?

Fredricka, chairing a delegation in one of permanent organizations dealing with human rights which is the Council of Europe combining 46 member states but Russia is out since March. I can tell that we are trying to combine diplomatic efforts and military efforts.

We're extremely thankful to our counter parts in the U.S. at the political and government level but also to the people of America for supporting us in every effort, in every penny of the taxpayers money to deliver us something we can use to defend ourselves.

And I underline here defend ourselves. It's a historical moment right now when we're not just talking about some territory in Europe. We are trying to prove that it's us who invented many things, even the part of the name of Russia is coming from Kyiv actually but not from Moscow.

[11:39:50]

MEZENTSEVA: And this is something we have to pay a tribute to our predecessors who were fighting for more than a thousand years for this freedom and we will not just let it go.

So diplomacy plus military efforts, humanitarian efforts and I'm sure that we will continue in new political season which is approaching right now.

WHITFIELD: Ok. You mention military efforts and with U.S. government military assistance on top of the millions that have been dedicated to assist Ukraine. We also know that the Biden administration has just added another $3 billion in military aid that's forthcoming.

MEZENTSEVA: Absolutely.

WHITFIELD: Maria Mezentseva, thank you so much for your time. All the best.

MEZENTSEVA: Thank you.

WHITFIELD: Still ahead a Buffalo Bills player accused in the gang rape of an underaged girl at a party last year. Details on the lawsuit and how his team is responding next.

[11:45:42]

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WHITFIELD: A record number of asylum seekers arriving in New York this week, and the buses keep coming. Now city officials are calling on U.S. Immigration Services to expedite migrants work permit applications.

An official tells CNN that 7,300 individuals seeking asylum have arrived in New York City including 1,100 children.

CNN's Polo Sandoval spoke with people arriving from Texas.

(BEGIN VIDEOTAPE)

POLO SANDOVAL, CNN CORRESPONDENT: To give merely an idea of what many of the people stepping off these border buses in New York City have experienced just look at the images they're willing to share.

This video taken by Crisman Urbaez and his partner Anabel Gonzalez earlier this summer. The young Venezuelan couple kept a video diary during their two-month ten-country journey from Lima, Peru to New York City.

They carried only a few belongings on their backs and occasionally their 6 and 9-year-olds as they trekked through the infamous Darien Gap linking South and Central America.

It's a place where the northerly path for many migrants often end in tragedy but not for this family.

During the rest of their journey north they swaddled their dog Max, still a pup at the time, like a baby to sneak him onto buses and into hotels fearing that they would be separated.

But the actual blood, sweat and tears were all worth it for this moment, as they recount the day they waded across the Rio Grande and onto U.S. soil for the first time officially requesting asylum.

After a brief stop in Texas it was onto a bus and the three-day drive to New York City where they wait for their asylum cases to be heard.

So what was your first impression of New York?

Anabel tells me reality set in once they reached the urban jungle that is their new home that as much they want to start earning a living they can't. You see, they're among the thousands of recently arrived migrants who have to petition for a work permit after submitting asylum application. It's a process that is taking up to a year, according to New York City leaders.

Crisman says he hopes the government can help him be a better provider for his family, but more than anything else he's pleading for the federal government to free his hands of the red tape that's keeping him from working legally.

MANUEL CASTRO, COMMISSIONER, NYD MAYOR'S OFFICE OF IMMIGRATION AFFAIRS: Most of families that I've spoken to they want to get to work. They don't want to stay in shelters. They want to contribute to society.

SANDOVAL: Immigration Affairs commissioner Manuel Castro, an immigrant himself, echoing calls for a fast track solution.

CASTRO: Immigration advocates across the country are calling on the federal government to make it easier and make it quicker for asylum seekers to obtain their work permits. That's by far the biggest obstacle.

SANDOVAL: The Urbaez family says they won't risk their asylum cases by working off the books. They'll have to depend on the city's already strained shelter system until they can get the government's green light to start living their American dream.

(END VIDEOTAPE)

SANDOVAL: And here in New York there are two major challenges that officials are trying to overcome. For one it's expanding the shelter capacity, hoping to keep some of these families from ending up on the streets.

And the second, Fred, is that issue that we touched on right now, this issue of giving them permits to be able to get to work on the books. New York Governor Kathy Hochul recognizing that she's aware of this issue. She wants to issue an executive order basically expediting that process but she's waiting on the blessing of the federal government before she's able to actually do that. That's what the law requires. Back to you.

WHITFIELD: Right. All right. Polo Sandoval, thank you so much.

All right. A civil lawsuit has been filed against Buffalo Bills rookie Matt Araiza accusing him and two of his former college teammates of gang raping an underage girl.

Carolyn Manno joins us now with more on this, Carolyn.

CAROLYN MANNO, CNN SPORTS CORRESPONDENT: Well Fred, the crime allegedly happened at a Halloween party last year when Araiza was a senior at San Diego State, and the accuser who was 17 at the time claims that he could tell that she was heavily intoxicated and that she told Araiza she was still in high school at the time. Now, the lawsuit says that she reported the attack to police and underwent an examination the next day. It also says Araiza confirmed the sexual encounter during a phone call a few days later, that call arranged by detectives that were working on the case after she reported it.

[11:49:58]

MANNO: The district attorney's office says it's currently reviewing the details of the case. No charges have been filed right now. Both officials of San Diego State and the NFL say that they're aware of the investigation.

In its statement, the punter says "The facts of the incident are not what they are portrayed in the lawsuit or in the press. I look forward to quickly setting the record straight.

Bills Coach Sean McDermott addressed the allegations last night. (BEGIN VIDEO CLIP)

SEAN MCDERMOTT, COACH, BUFFALO BILLS: It is a sad situation. We take lightly. I'm hurt. I understand they're hurt and it is emotional. It is not easy to -- to hear about some of the things that I've heard about over the last several hours say.

And you know, haven't slept a lot to be honest with you, because this is -- this is a game that there is other things that are more important than this.

(END VIDEO CLIP)

MANNO: Araiza didn't play in the Bills pre-season finale last night. His attorney says that he did not tell the Bills about the allegations until after an "L.A. Times" report back in early June that there were rape allegations involving five of the schools football players. That had not been investigated yet.

The university said that's because the San Diego PD requested that they wait to take action while they were working on a case at that time. But in any case, the Bills now have until Tuesday to cut their roster down to 53 players.

There are many that are calling for him to be cut. He was just named the starter but if these allegations are true, they are certainly horrific, Fred, and it would be in the NFL's best interest and the Bill's best interest to handle this as quickly as possible.

WHITFIELD: Wow. All right. Carolyn Manno, thanks so much.

So as record drought grips southern California, some of the A-list celebrities are the biggest offenders of the water restrictions the city is putting into place. More on that next.

Plus stop logging in our national forest. A dire plea to President Biden from singer-songwriter Carole King. The music icon joining me live, next.

[11:56:57]

(COMMERCIAL BREAK)

WHITFIELD: A record drought in southern California is forcing some cities to pay their residents to replace their green lawns with drought resistant plants. And now water police are on the lookout for violations of the restrictions.

And as CNN's Stephanie Elam reports, some A-list celebrities are among those abusing the rules.

(BEGIN VIDEOTAPE)

CASON GILMER, CUSTOMER SERVICE REP., LAS VIRGENES MUNICIPAL WATER DISTRICT: When it is in our face and the sprinklers are going off at noon on a Wednesday, it is an easy target for us. STEPHANIE ELAM, CNN CORRESPONDENT: A sunny day in southern California

likely means someone is violating drought restrictions.

GILMER: This street in particular was very, very green two months ago.

ELAM: Here in northern Los Angeles County, residents are only allowed to water one day a week and only eight minutes per each set of sprinklers. So the Las Virgenes Municipal Water District is on the lookout for anyone breaking those rules.

GILMER: A little bit of runoff there.

ELAM: And there is some runoff down there, yes.

We rode along with Cason Gilmer as he looked for water where it shouldn't be. Waste he and his team have captured on video. And with outdoor watering making up to 70 percent of most customer's usage, Las Virgenes says cutting down on water waste outside can have a huge impact.

The water district gets its water from the state water project which pipes runoff from the northern Sierra Nevada mountains to southern California. But the snow pack was just 4 percent of normal at the end of winter forcing unprecedented restrictions. Las Virgenes is only getting 5 percent of its requested water supply this year.

MIKE MCNUTT, SPOKESMAN, LAS VIRGENES MUNICIPAL WATER DISTRICT: We're having to supplement the water that we have been getting from the state water project with this water that you see behind us which is considered our storage account.

ELAM: Sure, sometimes they find those abusing the rules, sometimes thousands of dollars.

MCNUTT: We have a lot of celebrities. We have a lot of musicians. We have a lot of athletes.

ELAM: But the affluent haven of Calabasas inside the water district's territory is home to many A-listers with deep pockets. Some of whom use far more water than they should have according to recent data.

Big names like Kevin Hart, Dwyane Wade and according to the "Los Angeles Times", Kourtney Kardashian and as well as sister Kim.

MCNUTT: Those specific celebrities have been working very closely with the district. They want to do the right thing in order to achieve a much more efficient water usage tier.

ELAM: The water district has learned that for some of its users, losing water seems to have more impact than losing money.

GILMER: It really gets the attention of the people that are ignoring the drought.

ELAM: After a customer uses more than 150 percent of their water allocation four times, they'll be in line to get a simple but effective flow restrictor installed.

GILMER: This particular restrictor will give you around one gallon a minute.

ELAM: And what do people normally get?

GILMER: Normally, three-quarter inch meter 25 to 30 gallons a minute. With a restrictor in, your sink works fine. Your shower works ok. Your irrigation will not work.

ELAM: Here is water flowing normally. And here it is with the restrictor.

MCNUTT: It is not meant to be punitive. It is meant to tell people, this drought is incredibly serious and what we need you to do is do your part.

ELAM: CNN reached out to the stars we mentioned but have yet to hear back. However Dwyane Wade and his wife Gabrielle Union told the "L.A. Times" that they have quote, "taken drastic steps to reduce water usage in accordance with the new city guidelines and have since we moved into our home".

[11:59:55]

ELAM: Overall the Las Virgenes Municipal Water District says about 7 percent of its customers are in line to get a flow restrictor if their usage doesn't go down but they say they make sure those customers get ample warning before that happens.

Stephanie Elam, CNN -- Los Angeles.

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