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FBI Searches Second Biden Home in Delaware; Tom Brady Says, I'm Retiring for Good; Today, Funeral for Tyre Nichols as Family Calls for Justice. Aired 10-10:30a ET

Aired February 01, 2023 - 10:00   ET

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

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[10:00:00]

BIANNA GOLODRYGA, CNN ANCHOR: Top of the hour in a busy Wednesday morning. I'm Bianna Golodryga.

JIM SCIUTTO, CNN ANCHOR: And I'm Jim Sciutto.

We do begin with breaking news this morning. CNN has learned that the FBI conducted a search at President Biden's home in Rehoboth Beach, Delaware. The search taking place this morning as the special counsel investigation into the president's handling of classified material picks up.

GOLODRYGA: CNN's Paula Reid is following this, M.J. Lee is at the White House for us as well.

Paula, let's go to you first. What more can you tell us about this search? Was it expected?

PAULA REID, CNN SENIOR LEGAL AFFAIRS CORRESPONDENT: It was absolutely expected that the FBI would likely want to do its own search of the president's Rehoboth Home.

Now, back when these classified documents, the original ones, were first discovered at the president's former office, his attorneys eventually went and also searched his two homes, one in Wilmington and one in Rehoboth. And they say that they did discover classified materials at his Wilmington home, but say they did not uncover any at this Rehoboth property.

Now, once this became the subject of a special counsel investigation, about ten days ago, the FBI conducted its own search of the Wilmington House. It lasted nearly 13 hours and they did uncover additional classified materials. So, it was very much expected that the FBI would also go back to the Rehoboth home even though the president's attorneys had already looked there. And the big question today will be will they find any additional classified materials.

We know from our sources that investigators are still going through everything that they retrieved from the Wilmington home ten days ago. As of right now, it appears that dozens of documents have been taken from the former office and the Wilmington home. And the big question today for us and for investigators is whether additional classified material will be found in this home.

Now, we have also learned that our searches could potentially happen at other, as of now, undisclosed locations. Another big news is Special Counsel Robert Hur, the man who will oversee this investigation going forward, today is his first day on the job.

SCIUTTO: All right. We should note the search continues. That is CNN's latest reporting.

M.J. Lee is at the White House. You look at the president's personal attorney, his statement, Bob Bauer, in response to this, it begins with the words, today with the president's full support and cooperation. That's been a consistent message from the president's team that they are cooperating here. Tell us their view of this latest search.

M.J. LEE, CNN SENIOR WHITE HOUSE CORRESPONDENT: Yes, Jim. Let me actually begin by reading a part of that statement that we just got from Bob Bauer, who was the personal attorney for the president, who is taking lead on this issue. He said today with the president's full support and cooperation, the DOJ is conducting a planned search of his home in Rehoboth, Delaware, under DOJ standard procedures in the interest of operational security and integrity 37. It sought to do this work without advanced public notice and we agReid to cooperate.

I think you're absolutely right, that the words, full support and cooperation, is really key here and very telling. They are very much wanting to emphasize that the president himself consented to the search and that this was a planned search that they are basically on board with.

This has really been the White House's theory of the case in dealing with this matter. It's really, at every turn, emphasizing that they are cooperating with the DOJ's ongoing investigation and that they are really not going to stand in the way if they proceed to conduct extra searches, as we fully expect them to do.

And what they have said all along is when this investigation ultimately wraps up, that they are confident and obviously hopeful that what the investigation will show is that these misplaced classified documents were misplaced inadvertently.

Now, it is just hard to overstate how sort of careful and tightlipped this White House has been in talking about this matter overall. They are not answering questions about any details. They are not giving a play-by-play of the investigation as it's going on. So, even if there were a future search, we absolutely do not expect that the White House will give anybody a heads-up, that that is going to happen.

GOLODRYGA: All right. Paula Reid, M.J. Lee, thank you so much.

SCIUTTO: With us now, Zolan Kanno-Youngs, he is the White House correspondent for The New York Times, also Jennifer Rodgers, former federal prosecutor and CNN Legal Analyst.

Jennifer, if I could begin with you, from a legal perspective here, this is the start of the special counsel's investigation. So, as Paula was saying, this search, in addition to Biden team's own search, what was expected, is it significant and what would be the significance if they were to find anything more remaining there?

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JENNIFER RODGERS, CNN LEGAL ANALYST: Well, I think there are a couple things, Jim. It's significant if they find more documents just because the scope of the problem here depends in large part on the nature of the documents found and how many there are and where they are found. So, if we don't yet know the full universe of them, we are not fully aware of how bad it is essentially.

And then the other is the cooperation obstruction issue. One of the major things that distinguishes this from the Trump investigation is all of the obstruction that happened on the Trump side. It's the fact that this is a voluntary search and they are cooperating suggests there's no obstruction. But you do wonder why they are going back in. I mean, there's a reason that they didn't want to just go with the searches that have been conducted to date. So, to know really what's going on, we, of course, need to know more about why they went in and what they are finding.

GOLODRYGA: So, Zolan, if there are more documents found, and we should note if, because the search is currently ongoing, and we have no reason to believe that there are documents right there, because the president's attorneys, prior to the appointment of a special counsel, had told us as much. So, let's they do find documents here, how at least politically damaging would that be for the president given that his camp, his team, his lawyers had initially said they found nothing?

ZOLAN KANNO-YOUNGS, WHITE HOUSE CORRESPONDENT, THE NEW YORK TIMES: This is exactly when me and my colleagues surveyed a group of former and current Democrats in Congress as well as just national leaders in the Democratic Party. This is exactly what they said they were fearing when it came to the political implications of this story, sort of the updates that could come in the weeks to come.

We know that there's going to be a prolonged investigation here. And you're going to have more headlines of either a search of documents, increased FBI involvement, as we saw with yesterday's story as well of an FBI search. And even today now with the president's residence, a sitting president's residence, we haven't seen polling data that it will impact voter or that it currently has impacted voter sentiment at this point. We do know that, in fact, based off a CNN poll still that there are voters that draw distinction between this and what happened with President Trump and his handling of the documents.

But when it comes to the Democratic apparatus, there are those that fear that this could cast a shadow as we get to a likely potential reelection announcement for President Biden as we get to a state of the union address, and as we have a White House strategy of talking about some of the legislative achievements that they passed as well.

SCIUTTO: Jennifer, that's the political approach. From a legal perspective, of course, the qualitative difference here is general lack of cooperation, at least delays, from Trump in terms of the handling, more cooperation here, but at the end of the day, classified documents in properties of both of them. From a legal perspective, which is more likely to draw an indictment or a charge? Is it the holding of the documents or the refusal to return them?

RODGERS: Well, it's really both, but the holding of the documents has to be intentional and willful. So, another legal issue putting aside obstruction of justice is, were these classified documents taken and mishandled intentionally? And that's another distinction between the Trump two cases and this current case, at least as far as we know now is that Trump knew he took them, he intended to take them. He still insists he should have been able to have them, whereas Biden, very clearly, is saying it was unintentional, it was a mistake, he's happy to turn them back, he wants to them all turned over. So, that willfulness is really the key element to whether there will be charges putting aside the obstruction on just the document retention and handling side.

GOLODRYGA: Zolan, of course, this news comes as the president is set to meet face-to-face with Kevin McCarthy today to presumably talk about the debt ceiling and any sort of negotiations that can move forward on that issue. Do you see this at any point becoming a distraction both for the White House and perhaps even for Republicans who want to focus on this now more?

KANNO-YOUNGS: Well, we have already seen that Republicans have seized on this issue of the White House to criticize President Biden. We know that at least some Democrats, and you can go to the weekend shows to even last week, Senator Joe Manchin saying maybe the president should have regrets here, as well as criticism -- some criticism from Durbin as well.

But there's also some real substance to talk about at this meeting. I don't know if it will be talked about to the extent, but when you have a potential economic catastrophe that could come after these extraordinary measures, when the deadline is up in June, you do -- we're going to need to see some movement on that. And it seems like we really haven't seen either side, the president or Kevin McCarthy, budge at this point.

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SCIUTTO: Yes, perhaps not until the final minute when some economic damage might already have been done.

Zolan Kanno-Youngs, Jennifer Rodgers, thanks so much to both of you.

GOLODRYGA: One other story we are following this morning, it was exactly one year ago that Tom Brady announced his retirement for the first time. Well, now the seven-time Super Bowl champion says he's retiring once again. But this time he says it's for good.

(BEGIN VIDEO CLIP)

TOM BRADY, 7-TIME SUPER BOWL CHAMPION: It won't longwinded. You only get super emotional retirement essay, and I used mine up last year. So, I really thank you guys so much to every single one of you for supporting me, my family, my friends, teammates, my competitors, and I could go on forever, there's too many. Thank you, guys, for allowing me to live my absolute dream. I wouldn't change a thing. I love you all.

(END VIDEO CLIP)

SCIUTTO: Widely considered, even by this Giants fan, the greatest player of all time. Brady has a resume just unmatched, former sixth round pick, won seven Super Bowl rings, six with the Patriots, one with the Buccaneers, three MVP awards, selected to just 15 pro bowls and is a member of the NFL's 100th anniversary all-time team, probably my quarterback pick for that team.

Joining us now, Boston Globe NFL Senior Writer Ben Volin. Ben, good to have you on here this morning.

First question, honest one, is this for real?

BEN VOLIN, SENIOR NFL WRITER, THE BOSTON GLOBE: I think there's a lot more reason to believe this one than last year. Now that said, I'm not going to fully believe that Brady is retired until the NFL season kicks off in September, because we do see with a lot of guys who retire, this is an emotional time of the year right now, right after the season. And then once August and training camp rolls around, they start to get the itch again. But I do believe Brady this time when he says this is for real.

You can see the anguish and the frustration on his face throughout the 2022 season, both his team was struggling, it didn't look like they were having a whole bunch of fun out there. And then, obviously, off the field his marriage ending in divorce and having all those issues off the field. I think it just wore on him too much. And he's accomplished everything you could possibly accomplish in the NFL.

So, I think this time it's certainly more believable. I don't think he has anything up his sleeve, like he did last year when he was trying to join the Dolphins' front office. It does seem that this is finally the real retirement for Tom Brady.

GOLODRYGA: And, Ben, we've watched him shine now for 23 years. It's been incredible. And I would argue we have been spoiled because at his peak, he made it look so easy. Talk about what his legacy will mean for the game and for the league in the years to come.

VOLIN: Yes, it's going to be hard for the NFL to ever have another quarterback like Tom Brady, to make it 23 years, who is so durable. He missed that one season, 2008, where he tore his ACL in the first week of the season. He lost four games to due to a deflate gate suspension in 2016. And otherwise, he played 16 games or 17 games every single season, and then two or three more in the post season. He showed up every Sunday for his team. He won everything there is to be won, all of the records as well. He redefined what it means to be an athlete after 40.

40 is supposed to be when your body falls apart. He not only continued to play until he was 45, but he thrived. He was the first quarterback to win a Super Bowl after 40, and he won two of them. So, just setting, breaking new barriers for athletes, changing what it means to be an aging athlete in any sport, especially a physical contact sport, and then, obviously, all the records and accolades and fourth quarter comebacks, just a remarkable story that even Hollywood couldn't write something like that.

SCIUTTO: Well, let's not say about it necessarily falls apart at 40, although I'm nowhere near at playing in the NFL, I never was in my life. Can you pick a highlight from his career? I suppose that's hard to do.

VOLIN: There are too many to count. I mean, how about 2001? He's nobody that no one outside of New England has heard of, comes off the bench, leads his team to the Super Bowl, upsets the Rams, the game in the snow against the Raiders to lead them to victory, there just a remarkable Hollywood-like story.

How about being down 28-3 against the Falcons in the Super Bowl, leading the largest Super Bowl comeback ever? They were at 99 percent chance to lose that game. He brings them roaring back. How about during the pandemic year? He leads the Patriots, promptly goes down to and wins a Super Bowl in his first season?

So, there's honestly too many to pick from. Just A remarkable story, a remarkable athlete and competitor. And he still has a lot left. I think this move caught me and several others by surprise. I think he still has good football in him.

[10:15:00]

GOLODRYGA: Listen, Ben, at 44 years old, I selfishly will miss being able to say that there's the best football player ever who is still playing, and he's older than me. It's only one year, but I can't say that anymore.

SCIUTTO: Hey, I could see Bianna taking a couple of snaps on the field. I mean, let's not eliminate that possibility.

GOLODRYGA: Yes. You haven't seen my moves yet, Jim. Yes, embarrassing. Ben Volin, thank you so much. What a legacy he leaves, really just monumental. Thank you.

VOLIN: Thank you.

SCIUTTO: All right. In just a few hours, family, friends and Vice President Kamala Harris will gather for the funeral of the young Tyre Nichols. We're going to take you live to Memphis.

GOLODRYGA: Plus, an update to a mystery at the Dallas zoo. Police found two monkeys that went missing after someone tampered when their enclosure, but they are still searching for a man caught on surveillance video.

The latest fight over education in Florida, the governor now wants to ban state schools from spending money on initiatives that promote diversity, equity and inclusion. I'll speak to the former education secretary, Arne Duncan, about it, just ahead.

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SCIUTTO: The parents of Tyre Nichols will lay their son to rest in Memphis, Tennessee today a little less than a month after police brutally beat him after the violent arrest. Vice President Kamala Harris will be at the service. Reverend Al Sharpton will deliver the eulogy. And Attorney Ben Crump will deliver a call for justice.

GOLODRYGA: This as we're learning that the city of Memphis says it plans to release even more videos from the incident once authorities wrap up their investigation. And new records coming to light show some of the officers charged in Nichols' death had a history reprimands and suspensions.

CNN's Ryan Young is following the story for us from Memphis. So, Ryan, tell us about the plans today, though, to honor Nichols' life.

RYAN YOUNG, CNN NATIONAL CORRESPONDENT: Yes. I mean, look, at this point right now, there's a little bit of a delay. We're told the funeral will start at 1:00 Central Time. And as you can see behind me, you can see that winter has set in here. There's a sheet of ice almost across this entire city right now. Much of the city is shut down and that really slowed things down with arriving to the funeral.

But when you talk about this family and what they have been through, when you put the pieces together, the fact that they just saw that video last week, and then you say what has happened to the city, you can tell that people really have taken this to heart. And there are folks like Eric Garner's mother who understand what this family has been through.

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GWEN CARR, SON ERIC GARNER KILLED BY NYPD IN 2014: We know that the family needs all the support that they can get at this time. We know that they are overwhelmed by the death of their son, as I was when it happened to me. And it's so fresh for them, but for me, it just digs into old wounds. And I have to live my son's death over again.

And it's just not fair to us. It's not fair that we have to suffer at the hands of the police that are not doing their job and lose our children.

(END VIDEO CLIP)

YOUNG: Yes. There's so much symbolism in all of this. If you think about last night, the parents being at the place where Dr. King gave his last speech, and the idea that this community here in Memphis was calling for better policing anyway because of the spike in crime.

And they were hoping that some of these units were going to go out and get some of the violent criminals off the street. Instead, after talking to several police department members yesterday, you're going to understand this has been a blow to them as well because they understand that people now don't trust them like they used to. You put all this together, you have a city that's hurting but obviously a family that's dealing with pain that a lot of us simply can't understand.

GOLODRYGA: And, of course, all attention and focus is on that family and community today. Ryan Young, thank you.

SCIUTTO: I'm joined by CNN Senior Law Enforcement Analyst Charles Ramsey, led police departments in more than one city.

Charles, you and I have spoken about incidents like this for a number of years, different circumstances, but a lot of commonalities. And I wonder if we could focus on the possibility of change and what changes you think might make the most difference. One thing we have learned just in the last 24 hours is that two of the officers involved here had been reprimanded prior. Demetrius Haley, he did not report that suspect he detained dislocated his shoulder, Desmond Mills Jr. reprimanded for not documenting he used physical force during an arrest. Are these kinds of things exceptions or, in your experience, do you find them more common with these, quote/unquote, elite anti- crime units, like the SCORPION Unit here?

CHARLES RAMSEY, CNN SENIOR LAW ENFORCEMENT ANALYST: It really depends on the department and how well they screen officers going into specialized units. Now, if you're going to create a specialized unit, one that's specifically designated to fight crime because you have had an uptick in crime, much like the SCORPION was formed, you have to pay attention to those kinds of things.

You look at the history of the individual. Do they have complaints of excessive force, not necessarily sustained, just how many complaints do they have, any integrity issues? Those are not the kind of people you want to have in a unit like that because they are going to have more citizen contact. They are going to make more arrests.

And when you look at that video and you see those officers, I mean, I'm not surprised that they have a history of use of force that is not what it ought to be.

SCIUTTO: I don't want to disparage all elite, quote/unquote, anti- crime units. There have been success in reducing crimes in some cities with the use of these, but I wonder is there something inherently wrong with the setup, right, that arrests, for instance, maybe so incentivized that it leads or makes it more likely to have encounters like this where there are genuine questions as to why he was pulled over in the first place.

[10:25:10]

No evidence of reckless driving, as they cited.

RAMSEY: Well, first of all, you have to have some flexibility in deployment. You have to have someone who is not tied to the radio to be able to deal with specific problems that occur within your particular city. The question is how well do you screen those officers that you're putting into a unit like that, and even more importantly, the supervisors that you are putting there to monitor their behavior. You have to be very clear in terms of their mission, what you expect.

And if what you're looking for is simply numbers, arrests, guns, drugs, whatever it might be, and this is what you're going to wind up with if you're not careful, because you're putting an emphasis on something that really doesn't take into account the way in which individuals are getting the guns or getting the arrests and so forth. So, supervisors have to pay attention. They have to challenge and make sure that people are policing in a constitutional way. You can police constitutionally and reduce crime at the same time.

SCIUTTO: Leadership matters. Okay. As you know, there have been calls to reintroduce the George Floyd Justice and Policing Act, included a number of things, ban on chokeholds, ban on no-knock warrants, but also this rescinding revoking of qualified immunity, which protects victim's ability -- which prevents a victim's ability to sue police for misconduct.

I spoke to a former Louisville police chief yesterday who said, forget about qualified immunity because officers just don't care about it, they're not thinking about it. In your view, would it be best to get something passed and remove that as a sticking point?

RAMSEY: Well, yes, you have to get something passed, in my opinion. There needs to be some national standards. I had the honor of chairing President Obama's task force on 21st century policing. And one of the recommendations we made in the report was that there be some national standards, that there be some leadership development, all those kinds of things that need to happen, use of force, certainly certification and decertification of police officers, accreditation of agencies. There are a lot of areas in which the federal government can step in and set some standards, 18,000 police departments in the United States. It's not surprising that there aren't any standardization throughout the entire profession.

SCIUTTO: Charles Ramsey, always good to have you on. Thanks so much.

RAMSEY: Thank you.

GOLODRYGA: And still ahead, the Federal Reserve today will announce its decision on raising interest rates yet again. What experts are expecting and what it would mean for your money, that's next.

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