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Tyre Nichols to be Laid to Rest; Initial Police Report Does Not Match Video; Millions Under Winter Weather Alerts in Parts of U.S.; Top U.S. House Republican to Meet Biden Today; Britain Bracing for Biggest Day of Walkouts in Decades; Actor Alec Baldwin and Film's Armorer Formally Charged; Missing Radioactive Capsule Found in Australia. Aired 4-4:30a ET

Aired February 01, 2023 - 04:00   ET

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


[04:00:00]

BIANCA NOBILO CNN ANCHOR: Hello and a warm welcome to our viewers joining us in the United States and everywhere around the world. I'm Bianca Nobilo.

MAX FOSTER CNN ANCHOR: I'm Max Foster joining you live from London. Just ahead on CNN NEWSROOM --

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Justice for Tyre!

UNIDENTIFIED MALE: We're all Tyre now. And we're all going to stand up with his family.

UNIDENTIFIED MALE: But it has been treacherous for people who have been traveling.

UNIDENTIFIED FEMALE: Once this ends in Dallas we're going to see another wave of this.

DONALD TRUMP FORMER PRESIDENT OF THE UNITED STATES: Anyone in my position not taking the Fifth Amendment would be a fool.

UNIDENTIFIED MALE: People who are part of his base who say that he is the victim of a witch hunt.

(END VIDEO CLIP)

ANNOUNCER: Live from London this is CNN NEWSROOM with Max Foster and Bianca Nobilo.

FOSTER: It's Wednesday February 1, 9:00 a.m. here in London, 3:00 a.m. in Memphis, Tennessee. Where later today Tyre Nichols whose violent and brutal death sparked nationwide outrage and calls for police reform, will be laid to rest. U.S. Vice President Kamala Harris will attend the service.

Nichols will be remembered by his family and friends as well as the entire Memphis community. And his brother says that Tyre would want this to be as peaceful as possible.

(BEGIN VIDEO CLIP)

JAMAL DUPREE, TYRE NICHOLS' BROTHER: My brother is the most peaceful person you ever met. He has never lifted a finger to nobody. Never raised his voice to nobody. And if my brother was here today and he had to say something, he will tell us to do this peacefully.

(END VIDEO CLIP)

NOBILO: The Reverend Al Sharpton will deliver the eulogy. The civil rights leader spoke about Tyre's death Tuesday night.

(BEGIN VIDEO CLIP)

REV. AL SHARPTON, CIVIL RIGHTS ACTIVIST: What happened to Tyre is a disgrace to this country. There is no other way to describe what has happened in this situation. People from around -- the videotape of a man unarmed being beat to death by officers of the law. We talk a lot about gang-bangers in the street and what colors they wear. In Memphis it looks like they wear the blue color.

(END VIDEO CLIP)

NOBILO: We're learning more about the investigation into Tyre Nichols' death. An attorney for the city of Memphis says that more video of the police encounter with Nichols will be released soon.

FOSTER: Meanwhile records show several of the officers charged in Nichols' death had a history of minor violations. The initial report filed on the Nichols case doesn't match what we've seen on video. CNN's Nick Valencia reports.

(BEGIN VIDEOTAPE)

NICK VALENCIA, CNN CORRESPONDENT (voice-over): A bundle of contradictions between what the world witnessed and the video showing police beating Tyre Nichols and what's reportedly found in the initial police report about the incident.

First reported by "The New York Times," a photo of a police report was posted online by a Memphis talk show host. The DA does have a report that has that same account of events.

The report suggests Nichols was pulled over after police say he veered into oncoming traffic. It says he was violent, sweating profusely and irate when he exited the vehicle. And quote, started to fight with officers at one point grabbing one of the detective's gun.

Things not seen in the body camera and sky cop street camera videos, but the very things officers talked about during the encounter.

POLICE OFFICER: He's as high as a kite.

POLICE OFFICER: I hit that man in so many pieces and he coming for more. POLICE OFFICER: So y'all got him -- stopped him on a traffic stop?

POLICE OFFICER: He drove into oncoming traffic.

POLICE OFFICER: And he's going for my gun too. So I'm like --

POLICE OFFICER: He grabbed my gun (INAUDIBLE).

VALENCIA (voice-over): The report also says Nichols was struck with a department issued baton while given verbal commands to stop resisting. It notes nothing about the multiple times officers kicked him while he was lying on the ground.

The Memphis Police Department still hasn't officially released the report all these weeks later. The Shelby County sheriff's office -- also listed in that report image posted online -- releasing a statement saying, the release of reports in connection with the investigation is unauthorized and the sheriff's office cannot comment.

JUSTIN HANSFORD, HOWARD UNIVERSITY SCHOOL OF LAW: This issue of leaving police reports on their face as they're immediately released is something we also need to reconsider.

[04:05:00]

VALENCIA (voice-over): Officials announced more firings and disciplinary actions against public servants at the scene. In addition to the firings of the five black Memphis police officers now facing second degree murder charges, three Memphis fire department personnel have been let go. And two sheriff's deputies have been put on leave, along with the two additional Memphis Police Department officers also on leave.

STEVEN MULROY, SHELBY COUNTY DISTRICT ATTORNEY: We are looking at everybody who had any kind of involvement in this incident.

BEN CRUMP, ATTORNEY FOR NICHOLS' FAMILY: Everybody who is on that scene who contributed in any way should be held fully accountable.

VALENCIA (voice-over): As Tyre Nichols' family prepares to say their final goodbyes.

JAMAL DUPREE, TYRE NICHOLS' BROTHER: My brother was an innocent person. Everybody knows that my brother was filled with energy. He was like the light of the room.

VALENCIA: And we're learning that the vice president will be among those in attendance at Tyre Nichols funeral on Wednesday. She'll be joining other senior level officials from the Biden administration. Meanwhile, the family says that the vice president called them early Tuesday morning to offer her support and her condolences during this unimaginably difficult time.

Nick Valencia, CNN, Atlanta.

(END VIDEOTAPE) FOSTER: We are following a massive winter storm bearing down on parts

of Central and Southern U.S. hammering Texas to New England. The temperatures are plunging in states like Vermont where the National Weather Service predicts they could hit 45 degrees below zero by Friday.

NOBILO: More than 1,200 flights have already been canceled today across the U.S. -- according to a tracking website FlightAware. But not all those flights are related to winter weather.

FOSTER: The U.S. Postal Service says to expect disruptions across Texas and Arkansas over the coming days due to several closures or road conditions have also impacted other mail delivery services.

NOBILO: Texas is experiencing dangerous road conditions. This video was taken Monday of cars sliding down the freeway in Dallas. Just a few hours south in Austin, police say that they responded to more than 200 collision calls because of the weather. The state's governor had this warning for drivers.

(BEGIN VIDEO CLIP)

GREG ABBOTT (R) TEXAS GOVERNOR: Anybody who needs to be out driving needs to be very cautious of the conditions because your eye may not be able to perceive the hazard that's in front of you.

(END VIDEO CLIP)

FOSTER: Now in the coming hours we'll hear from U.S. Federal Reserve Chair Jerome Powell after an expected interest rate hike. The Fed is expected to raise rates by a quarter of a point which would mark the smallest increase since it began hiking rates early last year in an effort to tame inflation. Stocks are moving higher I had of the announcement and here's a look at how U.S. stock futures are faring. At the moment they're looking down currently.

And despite ease in inflation new data that shows consumer confidence in the U.S. economy continues to waiver. The conference board's Consumer Confidence Index dipped last month from December. The survey by the business think tank found that consumers are feeling more confident about the current economic conditions but that confidence wanes when looking ahead to the next six months.

NOBILO: The U.S. president and Republican Kevin McCarthy will meet today for the first time since Kevin McCarthy took over as House Speaker to discuss the national debt. It soared to more than $31 trillion and if that debt limit isn't raised the U.S. will be in danger of default. Joe Biden has been warning Republicans not to use the debt ceiling as leverage to negotiate spending cuts but it seems that is exactly what they intend to do. CNN's Phil Mattingly has this report from the White House.

(BEGIN VIDEOTAPE)

PHIL MATTINGLY, CNN CHIEF WHITE HOUSE CORRESPONDENT: Well, rarely in Washington is there a meeting that higher with higher stakes and yet such low expectations attached to it. That's the reality here at the White House as President Biden is scheduled on Wednesday to meet for the first time with Speaker Kevin McCarthy.

Now the two do have a relationship. They have interacted in the past both by phone and a meeting. When Biden was vice president, McCarthy was majority leader. They would have breakfast at times at his home in the Naval Observatory. But their relationship is at best -- according to advisors -- described as cordial, professional to some degree. And now extraordinarily important. And the reason why is a deadline that's just a few months away.

The debt limit deadline that is now looming over Washington at this moment. President Biden saying explicitly day after day there will be no negotiations. McCarthy saying that's what this meeting should actually start. White House officials saying that's not at all what the meeting is about.

So you get a sense of how complicated the dynamic is right now. In fact, when you ask President Biden, will there be any negotiations at all, this is his response.

UNIDENTIFIED FEMALE: Will you negotiate with McCarthy?

JOE BIDEN, PRESIDENT OF THE UNITED STATES: Show me his budget.

MATTINGLY: And with that response is a window into is both the political and to some degree policy push by the White House at this moment in time. Again, saying there will be no negotiations on the debt limit but willing to have discussion -- willing to have a negotiation on deficit reduction. That would involve both sides laying out their budgets. The White House will put their budget on March 9. House Republicans haven't yet set a date. But White House officials want them to. Not just to start negotiations but also to lay out some political fodder.

[04:10:03]

White House officials making very clear they are ready to attack anything Republicans put on the table in terms of cuts. Whether it's on entitlement programs, whether it's on any type of domestic spending. This is not something that's necessarily going to launch a full-scale deficit reduction agreement. Instead it's mostly going to launch political attack. And that is probably the best window you can get into where things stand right now.

With months before that June deadline, this is now about politics. This is about positioning, to some degree it's about posturing. And that's probably what we're going to see in that meeting behind closed doors. At least after that meeting when Speaker Kevin McCarthy comes and speaks to reporters and President Joe Biden does the same likely after as well.

But the reality right now when you talk to officials, there is no clear roadmap to get out of the divot that they are currently sitting in. And there likely won't be one anytime soon. Instead it will be both sides trying to use politics to at least sway the country toward their side as they move closer to potential catastrophe.

Phil Mattingly CNN, the White House.

(END VIDEOTAPE)

FOSTER: Now today around half a million people in England and Wales are expected to skip work in what's being called the U.K.'s biggest day of strike in decades and that's going to cause all sorts of chaos and headaches.

NOBILO: Workers in public sectors from healthcare to education to railways are demanding wage hikes amid ramped inflation. Their unions are also protesting efforts by the British government to restrict walkouts in certain vital industries.

FOSTER: And including what headline saying, half a million workers could walk out. It's not clear until they actually do, is it.

NADA BASHIR, CNN REPORTER: Absolutely, I mean this is going to be the largest walkout that we've seen by the public sector in at least a decade. So, this is a significant amount of disruption that the U.K. is expected today and over the over the coming days. And in fact, we are going to see more and more of these strikes over the next month or two.

So, this is significant and this comes off the back of a long-standing row now between trade unions and public sector and the government over pay rises in relation to the cost of living, the eye watering inflation we're now seeing in the country.

Today we will be seeing strikes by teachers, part of the United National Education Union as well as transport worker, civil servants and universities as well. Next week we're expecting strikes by NHS workers. But the figures are significant. We heard just yesterday from the general secretary of the National Education Union, Kevin Courtney. He spoke to the national board plus the BBC and said that he is expecting at least 200,000 teachers to be part of today's strike. Schools are expected to be closed or partly closed.

Network Rail has warned that there is going to be significant disruption up and down the country. But of course there is questions around what the government is doing. They say their door remains open. Prime Minister Rishi Sunak will take questions in Parliament today. So, this is certainly said to be a hot topic. But what was heard from the unions, say that the government isn't budging. They simply aren't listening to their demands. They're not being open to those negotiations and they are not offering what these unions crucially want which is a pay hike.

FOSTER: Yes, it's interesting isn't it. Thank you, Nada.

It depends on public support -- for both parties for public support. And all the unions are coordinating today apart from the nurses who feel they've got more public support, so they're having a separate strike. NOBILO: Exactly. And it does seem like it's pretty evenly split in

terms of the public support. Interesting to see that the government is absolutely not responding to this in the way that unions would hope. In fact they are trying to crackdown and ensure that vital industries actually can't take this kind of action.

FOSTER: Now former South Carolina Governor Nikki Haley is expected to announce that she is running for U.S. president at an event in Charleston in two weeks' time. That's according to a person familiar with the Republican's plan.

NOBILO: Haley would be the second candidate to seek the 2024 Republican presidential nomination. So far only former President Donald Trump has officially declared his candidacy. Haley served as the ambassador to the United Nations.

Arizona's top election official is calling for an investigation into Republican Kari Lake after the failed gubernatorial candidate posted 16 voter signatures on her Twitter account.

FOSTER: It's part of her effort to prove unfounded claims that 40,000 ballot signatures didn't match with what the state has on file. Arizona's Secretary of State Lake's actions could be a felony. Lake's camp did not respond to CNN's request for comment.

NOBILO: Newly released video from the deposition of Donald Trump last year shows the former president refusing to answer questions hundreds of times. Why he says he had no choice but to remain tight lipped.

FOSTER: Plus, an update in the search for Dallas' missing zoo monkeys. The police have made a break in that case but still have questions.

NOBILO: And formal charges in the fatal shooting on the "Rust" film set. The movie's producer and star Alec Baldwin, as well as the films armorer could face jail time if convicted. Details ahead.

[04:15:00]

(COMMERCIAL BREAK)

NOBILO: Actor and movie producer Alec Baldwin could face more than a year in prison if convicted in the fatal shooting on the set of his moved "Rust." He and the film's armorer have now been formally charged in the death of cinematographer Halyna Hutchins. CNN's Josh Campbell has the details from Los Angeles.

(BEGIN VIDEOTAPE)

JOSH CAMPBELL, CNN CORRESPONDENT: Alec Baldwin now criminally charged. The acclaimed actor and a former colleague now both facing involuntary manslaughter charges for their alleged roles in the 2021 fatal shooting on the set of the movie "Rust," which claimed the life of cinematographer Halyna Hutchins.

And the charging documents filed Tuesday against Baldwin and the set's armorer Hannah Gutierrez-Reed, the district's attorney in Santa Fe described an atmosphere of unsafe practices on the movie set. Alleging that Baldwin was negligent both as the actor who was holding the gun when it went off as well as in his role as the movie's co-producer.

In one example of alleged unsafe practices, the D.A. claimed a training session for at least an hour or more in length was scheduled, but the actual training consisted of only approximately 30 minutes as according to Reed, Baldwin was distracted and talking on his cellphone to his family during the training.

[04:20:00]

The D.A. also claimed that Baldwin failed to properly conduct industry standard safety checks on the gun he was holding before manipulating the weapon. Although Baldwin has maintained he did not press the trigger on the weapon. Charging documents filed Tuesday indicated FBI analysis on the gun clearly showed that the weapon could not accidentally fire. For the weapon to fire, the trigger had to have been depressed or pressed.

Now attorneys for both Baldwin and Gutierrez-Reed say that their respective clients are innocent. They intend to fight the charges. The Santa Fe area district attorney told CNN earlier this month that once charges are filed the two defendants will receive a summons to appear before a New Mexico court and will have to the opportunity to formally enter a plea. If convicted Baldwin and Gutierrez-Reed could face up to five years in prison.

Josh Campbell, CNN, Los Angeles.

(END VIDEOTAPE)

FOSTER: Police in Texas have found the two emperor tamarin monkeys that went missing from the Dallas Zoo on Monday. It is the latest in a string of strange happenings at the zoo. The monkeys were found alive in a closet of an abandoned home about half an hour away. Police released this photo of surveillance video of a man they want to talk to in connection with the case but they haven't set exactly why.

NOBILO: Intriguing. Eating ultra-processed foods raises the risk of developing and dying from cancer, especially ovarian cancer. This according to a new study conducted here in the United Kingdom where more than half of the participants were women.

FOSTER: Making me hungry. Researchers at Imperial College London say overprocessed foods are produced with industrially derived ingredients and often use food additives to adjust color, flavor and consistency in these ultra-processed foods include pre-packaged soups, frozen pizza, hot dogs, soda, store bought cookies and many more. What am I going to have for lunch?

NOBILO: Well, you shouldn't be hungry, Max, giving the point of that script. You should be skewing all of that having salad.

The creator of ChatGTP is rolling out a new tool that can help teachers tell when students are using the program to cheat. Open AI says is chat bot isn't perfect but can spot writing that was created by its artificial intelligence.

FOSTER: I'll be warning my son. Since it was unveiled in November ChatGTP has been used to generate essays, stories and song lyrics and even passed several law school exams and a medical licensing test. And Anna Stewart has been writing scripts with it in the purposes of her work.

NOBILO: Actually --

FOSTER: Yes. We're following a developing story out of Australia -- this is amazing --where authorities have recovered a radioactive capsule that has been missing for the past, I think six days. They found it on a remote highway in western Australia. The capsule was discovered missing from a package sent from a mining site near the city of Perth that and it prompted a massive search.

CNN's Kristie Lu Stout is following the developments there Hong Kong. Kristie, have we learned more, first of all, about the circumstances in which this capsule was sent? Why was it vulnerable to going missing in the first place and also, how was it tracked down?

KRISTIE LU STOUT, CNN CORRESPONDENT: You know, an investigation is under way to find out just that. Because this type of event given this is a highly regulated area of expertise to handle radioactive materials. This is a very unusual event. But it happened, it was lost and it's been found.

This tiny potentially deadly capsule was missing in western Australia. Max was right, missing for six days. But this radioactive -- what people have been calling, needle in a haystack was thankfully been found. The capsule was found earlier today, at 11:13 a.m. local time on the Great Northern Highway just two meters or about 6 feet from the side of the road.

Now the Department of Fire and Emergency Services, they broke the news on Twitter. We've got the tweet for you.

And they said this, quote: The DFES coordinated search efforts for a radioactive capsule have been successful. The positive result of locating the tiny object over a 1,400 kilometer area is testament to amazing inter-agency teamwork in the face of seemingly insurmountable odds, unquote.

And the search took place in a stretch of the Australian highway that is roughly the size of the California coastline. So how did they do it? How it they find it? Well, they swept the area very slowly. They drove these special vehicles with flashing hazard lights that had the specialized radiation detectors. And they drove them slowly up and down the highway, both directions at 50 kilometers an hour or about 30 miles per hour. As for the size of the pallet, it is super small.

Let's bring up this graphic. It's from the Department of Health in western Australia and it shows the size of the capsule compared to a coin. You can see the capsule is only 8 millimeters by 6 millimeters. Very tiny -- I'll just turn my pen that I'm holding right now. It is roughly the tip of the pen that I'm holding up at this very moment. Now the alarm was raised on Friday when authorities discovered the

capsule was missing after a truck inspection the truck was transporting it from Rio Tinto's Gudai-Darri mine in Gudai-Darri to Perth -- a four day drive. Ultimately it was lost, six days later it's been found. Back to you.

NOBILO: Kristie Lu Stout live in Hong Kong. Thank you so much for bringing us the latest on a story raises plenty of questions.

[04:25:00]

FOSTER: That they found it is very positive because it mean it is wasn't swallowed by some sort of animal.

NOBILO: Absolutely.

Still to come, the head of Russia's Wagner Group is responding to accusations of abuse from a former fighter. We'll have the reaction just ahead.

NOBILO: And why former President Donald Trump, who tends to be quite loquacious was uncharacteristically quiet last year while under oath.

(BEGIN VIDEO CLIP)

TRUMP: I decline to answer the question.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

FOSTER: Welcome back to CNN NEWSROOM. I'm Max Foster. If you are just joining us, let me bring you up-to-date with our top stories this hour.

In the coming hours Tyre Nichols will be laid to rest in Memphis, Tennessee. Members of his family will deliver speeches and Reverend Al Sharpton is giving the eulogy.

Winter weather alerts are still in effect for millions of people across Texas and Virginia. More rounds of freezing rain and ice are expected across the U.S. South bringing dangerous conditions for drivers.

NOBILO: Former U.S. President Donald Trump is suing journalist Bob Woodward for copyright violations. Trump claims that he did not give Woodward permission to release audio from their interviews, including some for the book "Rage." Woodward and publishers, Simon & Schuster, who was also sued, says that Trump's case is without merit. Trump is seeking nearly $50 million in damages.

And for the first time we're getting access to video of Donald Trump when he was deposed by the New York Attorney General last August. This was part of just one of the ongoing investigations that he is facing. And the former U.S. president made his contempt for the proceedings very clear before clamming up. CNN's Brian Todd has the story. (BEGIN VIDEOTAPE)

DONALD TRUMP, FORMER U.S. PRESIDENT: I do.

BRIAN TODD, CNN CORRESPONDENT (voice over): In the video, Donald Trump is defiant from the start.

TRUMP: I don't know what I did wrong, but the answer is yes.

[04:30:00]