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Russian Missile Strikes on Kyiv; Paul Rosenzweig is Interviewed about Trumps Request to the Supreme Court; Shooting Outside Rep. Zeldin's Home; Unarmed Teen Shot by Police in San Antonio; Documents on Migrant Flights by Florida. Aired 9:30-10a ET

Aired October 10, 2022 - 09:30   ET

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

[09:30:00]

NICK PATON WALSH, CNN INTERNATIONAL SECURITY EDITOR: Missiles came in.

Let me just bring our cameraman, (INAUDIBLE), a little bit closer to the crater here so you can get a sight, even though they're filling it in, quite how massive the crater was caused by one of the two missiles.

Now, I should correct something I said earlier, a bus was close to this crater when the missile struck. Initially people thought maybe those on the bus had escaped unscathed, but it now turns out that a -- four, possibly five of them are in critical condition and over a dozen people were injured from that blast. A total, so far, officials say, of five in the region of Dnipro (INAUDIBLE) dead and over a dozen injured, I think not including those hit by the bus here.

But, as you see this swift cleanup, this is the -- one of the two missiles that landed in the crater here. The other one hit this building over here first, we understand. A two-minute gap between one and the other. Quite why this was a target, we just don't know. It appears to have been old telecom building. There seems possibly to have been some people working in it when it happened, but it's predominantly abandoned and empty. And so an odd choice of target.

One blast and then a second, a two-minute gap. And if you look over here, you can see the obvious total disregard for any civilians involved. Huge apartment blocks.

Now, one woman was telling me she was on her balcony when the first missile hit, then managed to get her eight and one-year-old child inside to the kitchen, to shelter, before the second missile went off.

We're just seeing the noise you're hearing is the excavator clearing this busy central road. Remember, this is a place where people are going to want to try and use at some point in the hours and days ahead despite the damage that crater has caused. But it does beg the question quite why Russia would choose to use two very expensive seems cruise missiles, phenomenal explosive firepower, to hit an abandoned building. I mean there may have been something happens there that we don't know about, but it does appear to be empty. And it's just causing people here, I think, to express utter dismay.

One man called it the genocide of the Ukrainian people, talk being how there is no military objective here at all, yet still these two ferocious strikes came in.

So, a lot of shock here. And while there's a lot of resilience and courage amongst Ukraine, you see - and you see the speed of the cleanup here. People are trying to get on as fast as they can despite the potential threat for further strikes again. So there are concern too that the absolute disregard for civilian life. That's been present since the beginning of Russia's invasion of here seven or eight months ago. Now - but this marks the level of firepower we've seen deployed across Ukraine by Russia, 80 plus missiles according to Ukrainian officials. It's absolutely, I would say, unprecedented for the past months and leaves many concerned as to what may come next, but also two questions about what the targets of those 80 plus missiles actually were. Critical infrastructure it seems, but also many civilians hurt.

Back to you.

BIANNA GOLODRYGA, CNN ANCHOR: Total disregard to civilian life seems to be a hallmark of this campaign by the Russians. So sad to hear that there were those injured on the bus there behind you.

Nick Paton Walsh, thank you.

Well, overnight, former President Donald Trump repeating unproven claims on the campaign trail in Arizona that the FBI planted documents during the raid at Mar-a-Lago.

(BEGIN VIDEO CLIP)

DONALD TRUMP, FORMER U.S. PRESIDENT: There is no crime. You know, there is no crime. It's not a crime. And they should give me immediately back everything that they've taken from me because it's mine. It's mine. They took it from me in the raid. They broke into my house.

These are radical left lunatics, and they lose documents, they plant documents. Let's see, is there a book on nuclear destruction or the building of a nuclear weapon cheaply? Let's put that box -- let's put that book in with Trump.

(END VIDEO CLIP)

GOLODRYGA: Now, these comments come as the DOJ faces a Tuesday Supreme Court deadline to respond to Trump's emergency application to allow the special master's review of Mar-a-Lago documents to include all documents marked as classified.

Joining me to discuss a Paul Rosenzweig, he's a former federal prosecutor and he was senior counsel for the Whitewater investigation.

Before we get to the former president's comments there on the campaign trail, let me ask you about this deadline tomorrow for the DOJ to respond. How significant was that initial response by the Trump legal team and how do you expect the DOJ to respond?

PAUL ROSENZWEIG, SENIOR COUNSEL, WHITEWATER INVESTIGATION: Well, I think it was more of a delaying tactic and not a realistic application from the Trump team. Justice Thomas gave the Department of Justice a full week to respond. They filed this last Tuesday. If Justice Thomas thought there was any urgency to the matter, you know, he probably would have asked for a response much more quickly.

More to the point, substantively, the Supreme Court application is really a technical one about whether or not the special master can review these documents.

[09:35:05]

The Trump team has not asked the Supreme Court to step in and stop DOJ from using those documents to build its criminal case. So pretty much I think the Supreme Court thing is a nothing burger. It's sort of the type of thing you do when your client insists you do something and so you do what you can.

GOLODRYGA: Just a delay tactic then in your view.

Let's get back to the president's comments in Arizona over the weekend, repeating what he has said on social media and interestingly enough what his legal team is not saying in any court filings. What, if any, impact does this have on the case, once again, accusing the FBI, the DOJ, without any evidence whatsoever, that they planted these documents?

ROSENZWEIG: Well, I mean, first of all, there's an inconsistency. He also said they should give him back what's his. If they planted them, it's not his.

GOLODRYGA: Right.

ROSENZWEIG: But leaving that aside, really this is President Trump trying to poison the jury pool, to set up a world in which at least one juror is available who will vote to acquit him on the false belief that the documents are planted. The reason the Trump team hasn't said that in court is because it's not true and in court they have to say that in a sworn forum where they have to aver that what they're telling the court is the truth. That's why Judge Cannon's decision to allow them not to have to make that statement at this point is really one of the more significant things. She's giving them a pass because she's pretty much taken Trump's side on this.

GOLODRYGA: And though -- even though the 11th Circuit has really stepped in there.

Let's turn into what else we're expecting to see this week, and that is the January 6th committee once again will be meeting this week on Thursday. They rescheduled from last week. And it's interesting that committee members Zoe Lofgren told CNN yesterday that this final -- potentially final hearing will focus on alleged connections between members of former President Trump's inner circle and violent extremists. What will you been looking for specifically because I don't believe that we're going to have any witnesses this time around.

ROSENZWEIG: I am looking for the video evidence and the testimonial evidence that links the most violent of the insurrectionists from January 6th, the Oath Keepers and the Proud Boys, to people close to Trump. We've already heard and seen slight indications of that with respect to Roger Stone, who's been mentioned prominently in the Oath Keepers trial that is happening at the same time in Washington, D.C. Stuart Rose and some of his colleagues are on trial for seditious conspiracy.

The closer you get to Trump, the more it is that the case against Trump himself, as well as close Trump confederates (ph), for what is, let's be honest, the far more egregious crime of trying to overthrow the government will come to fruition.

GOLODRYGA: We'll be watching closely.

Paul Rosenzweig, thank you for your time. We appreciate it.

ROSENZWEIG: Thanks for having me.

GOLODRYGA: And still ahead, two teenagers shot in a dramatic drive-by shooting at the doorstep of the Republican candidate for governor in New York. The very latest up next.

(COMMERCIAL BREAK)

[09:42:59]

GOLODRYGA: Some terrifying moments for Republican New York Congressman Lee Zeldin. Gunfire erupting just steps away from his home, bullets landing just feet away. Two teenagers were injured. Zeldin's two 16- year-old daughters at home when it happened. The Republican gubernatorial candidate is now speaking out about the incident this morning.

CNN's Brynn Gingras is here with the latest.

It's so bizarre. It's scary. What is he saying?

BRYNN GINGRAS, CNN CORRESPONDENT: It's scary. Let's first say that his teenage daughters, who were home at the time, they are not hurt. The Zeldin family, this has actually nothing to do with them. It was a crime that happened outside their house. Doesn't have anything to do with the campaign. But -- so that's good for those daughters there. But certainly such scary moments.

What we've learned from law enforcement officials is that there were two teenagers who were walking down the block where Zeldin lives on Long Island in New York when a car drove by and actually fired gunshots from that car, striking those two teenagers. And according to the congressman, those two teens then ran toward his house, hiding under the porch and in the bushes while his two teenage daughters, he says, were doing their homework inside the house, ran to take cover inside of a bathroom. Again, they were not injured.

As far as those two teenagers, we're told that they went to the hospital, and they are expected to be OK.

But certainly this is a terrifying moment for the congressman. This isn't the first time that he's actually experienced some crime as he's been campaigning to be the governor here of New York, the Republican candidate. It was back in July, of course, the incident that was terrifying for him, that he was the victim of, a man who stepped on to the stage while he was giving a speech, allegedly tried to stab him.

And this is something, of course, that the congressman has often spoke out about, right, the rise in crime in the city. It's speaking to a lot of voters who are going to be heading to the ballots. And this is yet another incident that he is now saying, look, this happened right now on our front porch.

His opponent, who is currently the governor, of course, Kathy Hochul, she did send out a tweet, and I want to read it to you. She said, as we await more details, I am relieved to hear that the Zeldin family is safe and grateful for law enforcement's quick response.

[09:45:02]

So, certainly terrifying moments. Good to hear that everyone is OK.

GOLODRYGA: Yes, good to hear that his daughters are OK and that these two teenagers will be recovering as well.

GINGRAS: Absolutely.

GOLODRYGA: Brynn, thank you.

GINGRAS: Yes.

GOLODRYGA: Well, a teenager in San Antonio is in critical condition and a police officer is out of a job this morning after a shooting. And we are warning you that the video you're about to see is graphic.

In body cam video from the officer, now identified as James Brennand, you can see him walking up to a parked car outside of a McDonald's restaurant last week. Seventeen-year-old Erik Cantu appearing to be eating a hamburger while behind the wheel. Now, the officer orders him to get out of the vehicle. Cantu then grabs the wheel and within seconds the officer fires several shots, hitting the unarmed teen at least five times.

So, let's get right to CNN's Josh Campbell, who's following all of this.

That video, I've been watching it over and over, it doesn't become any less disturbing, Josh. What more are we learning about it?

JOSH CAMPBELL, CNN SECURITY CORRESPONDENT: That's right, Bianna, very disturbing and drawing serious scrutiny on the judgment of that rookie officer, who, as you mentioned, has now been fired, terminated by the San Antonio Police Department for what they say is a violation of their tactics and procedures. Now, this started last sundae evening. Police claimed that they were

called to this McDonald's for an unrelated disturbance. And as this officer, who we now know is James Brennand, was walking through the parking lot. He looks off to his right and sees a vehicle that he believes evaded police on a previous day.

Now, he calls for backup. But then, rather than waiting for backup, approaches the car. You see on this body camera video, this is from his chest worn body camera. He walks up, opens the door of this vehicle and you can see the teen, who was sitting there eating what looked like a hamburger, is startled. The teen puts the car in reverse and backs up. That's when this officer opens fire, five times. The car stops. The teen puts the car in drive. And as he's leaving, the officer fires an additional five rounds.

Now, police claim that the officer was struck by the door. You don't actually see that on the body camera footage. And under the department's policy, police can use deadly force if there's an imminent threat to an officer or to a bystander. But, of course, this video raising serious questions about whether the officer himself had precipitated events and whether he was actually in imminent danger as he opened fire.

Now, finally, it's worth noting that that teen, as you mentioned, is in the hospital. We also know that the San Antonio Police Department is investigating the incident. The district attorney in Bexar County is also taking note. I'll read you a statement that he issued. The DA says that once police complete their investigation into the actions of former Officer James Brennand and submits the case to our office, our civil rights division will fully review the filing, as we do with all officer-involved shooting that result in death or serious injury. We will submit the case to a grand jury for their consideration.

So, of course, the big question here, will there be criminal charges filed against this officer. The DA says that they'll review the case. They'll hand it over to the grand jury. They will make that ultimate determination, Bianna.

KEILAR: So much video evidence for them to be reviewing.

Josh Campbell, I know you'll continue the follow this story for us. Thank you.

CAMPBELL: Thanks.

GOLODRYGA: Well, still ahead, new CNN reporting on the controversial plan executed by Florida Governor Ron DeSantis to send migrants from Texas to Massachusetts. Now records show that move may have gone a bit out of the original scope of the mission. We'll explain more straight ahead.

(COMMERCIAL BREAK)

[09:52:48]

GOLODRYGA: Fresh documents obtained by can offer new details about how Florida Governor Ron DeSantis' efforts to transport migrants from the southern border to other states evolved. Records show that the plan to fly migrants from Texas to Martha's Vineyard may have exceeded the scope of the state's original plan, which outlined a narrow mission to relocate foreign nationals who were not lawfully present in the states.

CNN's Steve Contorno joins me now from St. Petersburg, Florida.

So, Steve, what more are we learning?

STEVE CONTORNO, CNN REPORTER: Bianna, we have been asking the state for weeks to provide us records that could shed some light on these flights from San Antonio to Martha's Vineyard. And finally the state released dozens of records related to these flights.

And, in a lot of ways, they kind of raise more questions than they answer. And let me explain what I mean by that. There is documents that show that the state, in its early request for companies to sign up to participate in this program, they were specifically looking for people to move migrants from Florida to other states. In fact, there's no mention in these documents of flights from Texas, San Antonio, anywhere near the southern border. Not in the request for quotes, not even in the state's own guidelines that it wrote for this program. In fact, in its early communications with the company that it ultimately chose for these missions, the quotes that it received were about moving people from the Florida panhandle to the northeast or California. Again, no mention of the Texas or San Antonio.

And here's why this is important. There is currently a lawsuit in this state, and there's been a lot of legal questions raised about whether the state exceeded its authority by moving people from Texas to Martha's Vineyard. There's a state law that created this program, that said it was supposed to be for moving migrants from Florida to other parts of the country. Again, no mention of the south.

And when we have asked in the past Governor DeSantis about this, his administration and he has said that, look, it was really difficult to round up people in Florida. We had to go closer to the source and that's why these flights were based in San Antonio.

[09:55:02]

But, Bianna, that doesn't necessarily provide a legal justification for why the state so far exceeded the scope of what --

GOLODRYGA: Oh, we lost Steve's video there.

Thanks to Steve for his reporting.

Well, still ahead, the Ukrainian capital jarred back to the early days of the Russian invasion as deadly Russian air strikes hit across the country. Now Russia President Vladimir Putin warns there could be more to come. We're live on the ground there in Ukraine, up next.

(COMMERCIAL BREAK)

GOLODRYGA: Good morning, everyone. I'm Bianna Golodryga.

Breaking overnight, deadly strikes. At least 10 people are dead and dozens more injured after Russian President Vladimir Putin ordered several strikes across Ukraine.

[10:00:01]

Plus, retaliation. Putin threats Ukraine with a tough response if so- called terror attacks continue.