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WNBA Star Brittney Griner Released In Prisoner Swap With Russia; January 6 Committee Aims For December 21 For Final Report, Criminal Referrals; U.S. Weighing Ukrainian Request For Controversial Cluster Munitions; Police Identify Child Found Dead Inside A Box 65 Years Ago. Aired 3:30-4p ET

Aired December 08, 2022 - 15:30   ET

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

[15:30:00]

TERRI JACKSON, WNBA PLAYERS ASSOCIATION EXECUTIVE DIRECTOR: In this moment we are mindful, very mindful of Paul Whelan and his family. We are mindful of the families that we are now forever connected to through the Bring Our Families Home campaign. And as Cherelle Griner so graciously, so beautifully said in her statement earlier today, you know, we will keep fighting for them because like I said, we are connected.

When I heard B.G. was coming home, and I heard she was on the plane, when I saw those pictures and every time there's an image of B.G., everybody knows I am leaning in to just read her face and to see if I can figure out what's going on. In seeing all of that, I was reminded too, in that same moment, that same wave of emotion took me back to a conversation that I had with Paul Whelan's brother, David, and I understand. I know their sadness, and I want them to know from us on behalf of the 144, and the Griner family, we know their sadness. We understand their sadness and their grief right now, and we are -- we are connected, and we will continue this fight alongside them. We will.

BIANNA GOLODRYGA, CNN HOST: We heard President Biden today there once again remind Americans of the danger of traveling to countries like Russia and to check in with the State Department. It had been reported that nearly a dozen WNBA players competed in Russia last winter, and that none of them are heading back this year. Can you confirm that?

JACKSON: That's true. There are -- none of our members are there at this time. They made decisions to play in other countries. Those who had made the decision to compete during the WNBA off season, during these last several months, and continuing into the 2023 season, they made the decision to go elsewhere.

GOLODRYGA: And we should note for our viewers at home that may be questioning why they travel overseas, it is because their salary is not on par with that of their male professional colleagues who play in the NBA, and so they travel in off season to play in other leagues and other countries.

Before I let you go, we see Brittney Griner there. She looks healthy. She looks as if she is in good shape right now, but I can only imagine what she's going through emotionally, and what toll this has taken on her. She is going to need some time of healing, of privacy. What will the WNBA be offering her as she comes back and starts to heal?

JACKSON: You know, for the league for the commissioner of the WNBA, for us at the players association, you know, I'll be talking with our player leadership. We have talked already. We had started talking several months ago about the kinds of resources that we would look to wrap around Brittney and her family. We've had those conversations too with the State Department, and we heard the Biden administration commit to that, kind of double down to that today. And so, we're going to be looking towards everything and everyone who's appropriate at this time, and like I said, we will work together with our colleagues at the league office to ensure that we wrap every necessary resource around B.G. to make sure she is whole top to bottom, head to toe, inside and out. She is ours, and we can't wait to get her home.

GOLODRYGA: Quickly, would you like to see her play again?

JACKSON: I would like to see B.G. do whatever brings her joy.

GOLODRYGA: Well, she is entitled to joy.

JACKSON: Whatever --

GOLODRYGA: She has been lacking a lot of joy for nearly a year now, so that is what she deserves at this moment as she comes home. Terri Jackson, thank you so much. We'll be right back.

[15:35:00]

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GOLODRYGA: The committee investigating the insurrection just announced a target date to vote on criminal referrals, and to release its final report. Committee Chair Bennie Thompson says they are aiming for December 21st, and that there will be, quote, some form of public presentation.

Sources tell CNN that former President Trump is among the key people they are considering to suggest for criminal investigation, but they would not reveal any other names.

CNN legal analyst Norm Eisen joins me now. He is a former House judiciary special counsel in Trump's first impeachment trial. And norm good to see you. So, reading through the tea leaves right there, what are the odds you give that among the names on this referral list include the former president?

NORM EISEN, CNN LEGAL ANALYST: Bianna, extremely high on former president Trump, even before these nine impactful hearings full of evidence. A federal judge already found that he had likely committed criminal acts by conspiring to defraud the United States out of the rightful election of Joe Biden, and by obstructing an official proceeding in Congress by his incitement on January 6th. And then you had nine hearings piling up the evidence. Trump is virtually certain to be the subject of a criminal referral. GOLODRYGA: So, would these referrals then come under the guidance of

the new special counsel?

EISEN: They would, and it's important. We know the special counsel Jack Smith is off to a fast start.

[15:40:00]

He's subpoenaing information about Donald Trump's activities in Arizona, in Michigan, in Wisconsin, but the committee can explain how its investigation supports his decision, a decision to prosecute, and can express the judgment that such a prosecution should proceed. Very important to speak to the special counsel with referrals.

GOLODRYGA: So, the DOJ doesn't have to follow through on these referrals. They are just that, referrals, but they're also overseeing their own separate investigation into the January 6th attack. So how could these referrals factor into that investigation?

EISEN: Well, the evidence is probably the most important thing. We all remember the famous Watergate road map. That was just a breakdown of the evidence. In that case, it went from a criminal investigation to Congress. Here it's going in the opposite direction. But powerful to lay out the evidence, the bread crumbs. In this case, it's a mountain of those bread crumbs of evidence.

But the law, the legal analysis is also important, and it gives political coverage. This will be controversial if the special counsel recommends charges. It creates a political environment to act as well. So, on all fronts, vitally important that the committee act if they determine that the evidence merits it.

GOLODRYGA: So, let me turn to the other investigation that the special counsel is overseeing, and that is the taking of the classified documents to Mar-a-Lago, and now we know reportedly that not just Mar- a-Lago, but they are classified documents found by an outside group hired by the former president at a storage facility of his where they subsequently found two additional classified documents which they returned. What do you make of all of that? I know it can be a bit confusing for folks at home, but there seem to be a lot of missing documents in all the wrong places here -- norm.

EISEN: It's stunning that after all the distance that we've come on the hundred-plus classified documents that the government obtained when it executed its search warrant, Bianna, that now there are still more. And when I look at these classified documents as somebody who worked on the law governing them when I was in the White House, and then had the highest security clearances as a United States ambassador, I don't see pieces of paper. I see the human beings in our intelligence community, in the United States and around the world who are working together to keep us and our allies safe. Even a single piece of paper, and many people have been prosecuted, Bianna.

GOLODRYGA: Yes.

EISEN: For removing just one classified document. Even a single document can jeopardize lives. So, to have these out and two more out there in the world totally unsecured, very dangerous, very perilous for the United States. And you can be sure that prosecutors Jack Smith, also taking a very hard look at charges against the former president. I would be surprised if he weren't charged.

GOLODRYGA: Norm Eisen, we'll have to leave it there. We shall see as people say. Thank you for joining us.

EISEN: Thanks, Bianna.

GOLODRYGA: Well, a new CNN exclusive. The Ukrainian officials are asking the Biden administration for controversial cluster munitions. They have been making the request for months now, and the weapons are banned by more than 100 countries. But Russia continues to use them in their assault on Ukraine. This video shows cluster munitions exploding in Kharkiv back in April. Now it's just one of the dozens of Ukrainian regions that have documented the warheads.

CNN's Natasha Bertrand joins us now. So, Natasha, this is really a difficult predicament that the Biden administration finds itself in. But how close are they to giving a yes or no answer to this request?

NATASHA BERTRAND, CNN WHITE HOUSE REPORTER: Yes, absolutely, Bianna, and it's really interesting that the Biden administration has not ruled this out completely, right. The Ukrainians have been asking for it for several months, and for now the Biden administration is basically just saying, we'll see. They have said that it's not off the table. Our source tell us that the Biden officials have not taken this off the table. But essentially, it's very complicated because Congress does impose some restrictions on the ability of the U.S. government to transfer those cluster munitions to a foreign country.

The president could overrule that, but according to our sources, that would require kind of an extraordinary determination by the Biden administration that Ukraine is really in desperate need of these munitions, and right now the administration just does not feel like Ukraine is necessarily at that point.

Now Ukraine would argue that the Russians are using these munitions to very devastating effect inside Ukraine, which they are, and their argument to us has been well, we need to fight fire with fire essentially. We need to be able to use these munitions against them because they would essentially allow us to target a large concentration of Russian troops across some very kind of wide area.

[15:45:05]

So, they are saying they need them imminently. The White House is saying, kind of not so fast. But interesting that they have not taken this option. This very controversial option off the table just yet -- Bianna.

GOLODRYGA: Well, listen, all they have to do is look at the evidence and look at what Russia is doing inside Ukraine. Though it is a very controversial decision on their part. I know you'll continue to follow this story for us, Natasha. Thank you. Well, a major break in the 65-year-old case of a young boy found dead

inside a box. Police now know his name. Now what that means for this decades' old cold case, straight ahead.

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[15:50:00]

GOLODRYGA: Police in Moscow, Idaho are asking for help to find a white Hyundai Elantra that looks like this one here in the picture. Investigators say they are looking for at least one person who was inside a sedan like this one, that was seen near the crime scene on the morning that four college students were found brutally murdered. Police believe that person could have more on what happened. CNN's Veronica Miracle joins us now with more. So, Veronica, how important could this person be to the investigation now?

VERONICA MIRACLE, CNN CORRESPONDENT: Well, Bianna, police say that this person could have critical information about this case. They say that tips and leads have led them to this 2011 to 2013 Hyundai Elantra and they believe that the driver or possibly if there were occupants inside, those people may have information about this case.

This road where this house is located is where that car is believed to have been around November 13th in the early morning hours around the time of those murders. And just to give you a little context. This house is located off of a main road. It's on a very narrow street and it leads to a dead end. And it's actually hard to navigate because there are often cars are parked on both sides. Residents there are parking along the street. And so, if there was a car out of place it is possible that it could have been noticeable, possible that these tips and leads may be referring to that, and so now police are looking into that. They want to speak to anybody who may be driving a car just like this one.

Of course, we are approaching here almost a month since these murders happened and no suspect has been arrested, no suspect information has been released, and no weapon has been found. Certainly, anxiety amongst the community.

However, I have spoken to police about the progress that they're making on this case, and they tell me they have strong leads. They just cannot be releasing this information at this time. They're trying to protect integrity of the investigation. They hope to have some more developments soon -- Bianna.

GOLODRYGA: Well, that is a bit reassuring to hear one month into this investigation now. Veronica Miracle, thank you.

Well, meantime a major breakthrough today in another investigation. For more than six decades the 1957 killing of a young boy has remained unsolved. Ever since his body was found in a cardboard box. Today thanks to new DNA evidence police were able to reveal the boy's identity.

(BEGIN VIDEO CLIP) CAPT. JASON SMITH, PHILADELPHIA POLICE: The birth certificate for the unknown child OME 57-0863 would be amended to reflect the child's birth name, Joseph Augustus Zarelli. Joseph's date of birth is January 13, 1953.

(END VIDEO CLIP)

GOLODRYGA: Wow. CNN CNN's Brynn Gingras joins us with more. So, Brynn, how were investigators finally able to crack the case specifically using DNA that wasn't available when he was born?

BRYNN GINGRAS, CNN NATIONAL CORRESPONDENT: Yes, they've actually tried multiple times to get DNA. They exhumed this body twice. So, it was on the second time that literally the DNA was in such like rough shape, it took 2 1/2 years just to get to the point where they could actually compare that DNA to databases like the genealogical data base. And that's how they were able to take that information and create somewhat of a family tree.

So, they not only got the name of this little boy but then they were able to identify both of his parents who are now deceased. His siblings, they were able to even find his birth certificate. So, this is a huge investigative lead for these investigators, who again, this oldest cold case in the Philadelphia area. It's been 65 years. They never even knew the name of this little boy, now they know it -- Joseph Augustus Zarelli, as you heard, 4 years old. And law enforcement says they hope now by getting that name out there they are going to get an avalanche of tips. Take a listen.

(BEGIN VIDEO CLIP)

CAPTAIN JASON SMITH, HOMICIDE UNIT, PHILADELPHIA POLICE: We're going to filter through each and every one of those tips, but in that avalanche, there might be a diamond in the rough. I'm hopeful there's somebody who is in their mid to late 70s, possibly 80s, who remembers that child.

(END VIDEO CLIP)

GINGRAS: And it's of course so possible that people can just remember, hey, I remember that child. Maybe the neighbor or someone. That's what they're hoping they get out of this. Of course, the bigger picture here, is they are hoping that this use of the technology -- which is still fairly new -- can be used toward other cases. And so, these unsolved cases start getting actually solved.

GOLODRYGA: It's chilling just to finally see them put two and two together. We mentioned that both of his parents have since passed, but if the siblings are still alive --

GINGRAS: Yes, so they have been talking to investigators and investigators actually say that, you know, they have their suspicions of what happened here but this is still an unsolved case. They are trying to work with the family members to try to figure out if they can identify a killer. But wouldn't really give much details on this family what their contributing to it or what that suspicion is, who they think did this. So, we'll have to stay tuned for that.

[15:55:00]

But again, this is such a big breakthrough in DNA, which we always hear cases about but it still fairly new and the potential is just really becoming limitless.

GOLODRYGA: And we see how quickly it's evolving. Able to solve crimes that are decades old. Brynn, great to see you.

Well, an international prisoner swap that was months in the making. WNBA star Brittney Griner is free and on her way home. Thank goodness. We'll have more on the negotiations that made this all happen. "THE LEAD" with Jake Tapper starts right after a quick break.

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