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President Biden Orders Operation to Shoot Down Unidentified Object over Alaska; Rescue Efforts Winding Down in Turkey and Syria after Earthquake Traps Thousands Under Rubble; FBI Executes Search on Former Vice President Mike Pence's Home to Search for More Classified Documents. Aired 10-11a ET

Aired February 11, 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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[10:00:29]

AMARA WALKER, CNN ANCHOR: Good morning, everyone. It is Saturday, February 11th. I'm Amara Walker.

BORIS SANCHEZ, CNN ANCHOR: Great to be with you, Amara. I'm Boris Sanchez. You are live in the CNN Newsroom, and you don't have to adjust your TV. We're actually in the same set in the same place.

(LAUGHTER)

WALKER: There's no split screen.

SANCHEZ: No split screen, yes. Great to be with you as well.

Up first this hour, President Biden ordering an operation to shoot down an unidentified object over Alaska, an operation that he is describing as a success. Right now, there are way more questions, though, about what that thing was that got shot down than actual details about it. And keep in mind, this is the second time in a week that a U.S. fighter jet has taken down an object after that Chinese surveillance balloon was brought down last Saturday.

WALKER: The latest object was shot down about 10 miles off the coast of Alaska. The Federal Aviation Administration issuing a temporary flight restriction in the area as the military took action. Officials say they don't know what the object is or who it belongs to. The White House says President Biden was first briefed on the situation Thursday evening, and ultimately gave the order to take it down.

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JOHN KIRBY, NATIONAL SECURITY COUNCIL COORDINATOR FOR STRATEGIC COMMUNICATIONS: The president absolutely was involved in this decision. He ordered it at the recommendation of the Pentagon leaders. He wanted it taken down, and they did that. They did the fighter aircraft assigned to the U.S. northern command. We're calling this an object because that's the best description we have right now. We do not know who owns it, whether it's state-owned or corporate owned, or privately owned, we just don't know. We don't know.

(END VIDEO CLIP)

WALKER: A lot of we don't knows. Let's bring in CNN intelligence reporter Katie Bo Lillis. Katie Bo, what more can you tell us about how this all unfolded and of course what we're hoping to learn from this unidentified object?

KATIE BO LILLIS, CNN INTELLIGENCE REPORTER: Well, you all put it exactly right. There's still more questions than answers at this point. This is really kind of a real mystery. What we know is that on Thursday evening, the U.S. military observed this unknown object in U.S. airspace off the coast of Alaska. They send up some military aircraft to take a visual look at it. And the pilots who go up there aren't able to learn a whole lot. We're told that they were able to determine that it was unmanned, and that it was flying at about 40,000 feet, which raised some concerns for interference with civilian air traffic, which ultimately, of course, is what we understand led the president to order the military to shoot this item down.

But at this point we're still being told by the Pentagon that they're still referring to this as an object. We've been told it is about the size of a small car, and that it had, it appeared to have no maneuverability, so it was just kind of riding the winds and the air wave, which made its movements fairly unpredictable. CNN is also told by a U.S. official that it did not appear to have any surveillance equipment attached to it.

But at this point, we are really going to be waiting for the debris from this object to be recovered by, by U.S. northern command, by NORAD, by the Alaska National Guard, as well as the FBI, to kind of take a look at this and examine it, and try to figure out, was this something that was owned by a nation state? Was this something that was privately owned? Was it a drone? Was it another kind of smaller- sized balloon? We are told by the Pentagon that it is a different shape and size, obviously, than the Chinese spy balloon that transitted the United States last week, but still, big mystery, guys.

SANCHEZ: Mystery indeed. Katie Bo Lillis, thank you so much.

So let's pick the brain of an expert to try to get some perspective on this mystery. With us this morning, we have CNN military analyst, retired Major General James "Spider" Marks. Sir, we're grateful to have your expertise with us. It is a high-altitude object, of course, about the size of a car over Alaska, unmanned, did not appear to have surveillance equipment. What could this thing be?

MAJ. GEN. JAMES "SPIDER" MARKS (RET), CNN MILITARY ANALYST: A lot of unknowns, as was just reported. The government has indicated that they have called it an object, that it doesn't resemble the balloon that the Chinese launched and transitted the United States, and they've called it, they've said that it's not a balloon. So it falls into the UFO category for lack of a more placed term. It's an unidentified flying object of some sort, and it is really speculation what it could be. And Katie Bo Lillis just went over all those possibilities. It could be a drone, it could be a balloon, it could be any number of objects. We simply do not know.

[10:05:00]

And the forensics will reveal all of this, so I'm at a loss to answer the question directly. We simply don't know.

SANCHEZ: So how important was it after we saw the Chinese balloon drift over the U.S. for several days, how important was it for the White House to knock this thing down as quickly as they did?

MARKS: Well, very important. In fact, what you see is that operations like this are human endeavors, there's always going to be a tad hesitation. You want to gather as much information as you can. The one thing you cannot reclaim is time, so you go back to the balloon, first appeared on the radar by the North American Air Defense Command out of Colorado Springs when it was over the Aleutians. So the discussion begins, what do we need to do? What do we think this is?

And that object, that balloon was maneuverable, so it's continuing to move. And by the time you make some decisions, get a little bit more clarity, it's already over the United States, and that opened up some other challenges that needed to be addressed.

In this case, obviously there was more preparation. Folks who were leaning forward. They had already worked through some of those challenges before, so there was reflection, there was understanding, there were after action reviews. So the joint staff, the joint staff and the Pentagon made a quicker decision and made a recommendation both to the secretary of the defense who then walked over to the president and the National Security Council in that advisory role, and said here are the option. The president very quickly said this is a no brainer in our case, primarily because it was at about 40,000 feet. That's a hazard to civilian aircraft. The balloon flying last week was up around 75,000, 65,000 feet, outside of the civilian aircraft normal zone.

And the other thing was, you have flights from the United States to Asia always go over the pole, and so you would think over Alaska, no big deal, maybe we check it out a little bit. But at 40,000 feet and with the number of flights, the great circle routes, it becomes a hazard. So they made a quick decision, a good decision.

SANCHEZ: And with the expedient way that this decision was made, I think it also sends a message to potential adversaries like China, about U.S. air space, right?

MARKS: Well, very true, Boris. And you need to balance the two, right? What happened last week, quite frankly, you could describe that as a tad of indecision. You've got to give the benefit of the doubt to the joint staff and to the I.C., the intelligence community, and the National Security Council. This was an abnormality, if you will, an aberration, and they worked their way through it and made a decision to let it transit the United States. Right or wrong decision, that's what happened.

So you've got to balance that against what we saw in Alaska just last night which was very swift, very certain, no regrets. And so any adversary -- and look, the use of balloons, or in this case, an object, it is not unusual for intelligence collection. It provides loiter. It can stay over the grounds longer. It provides layering between satellites and aircraft. So it's a capability that works well, so we should not be surprised to see more activity like this, frankly. But the United States has established itself at this point, let's do what we can to achieve levels of clarity, make a recommendation, decisions that they'll make.

SANCHEZ: And on the foreign policy front, experts that I've spoken with, they describe the balloon as just a symptom of a bigger problem festering with a more aggressive China, one that obviously looms over the future of the Pacific and Taiwan. In your opinion, sir, what more could the U.S. do to prepare for a rising China?

MARKS: Boris, what you've described is what's normative. Nations spy on other nations. Let's assume this was, let's assume this was -- assume this was a balloon that came from China, or it came from Russia. This is not abnormal. These kinds of activities take place. This is part of the landscape of nations as they posture and they try to figure out what the intentions are, the national security objectives and intentions, of their competitors, and possibly those that they want to cooperate with. And that's what the United States does as well. Aggressive intelligence collection takes place not only in space, or in the air, but on the ground and all through those domains of war, which include cyber. This is normative behavior going forward.

SANCHEZ: Important to get that context, especially as we look at the future of relations between these two powers. General "Spider" Marks, as always, appreciate your time.

MARKS: Thank you, Boris, very much.

WALKER: Turning now to that earthquake in Turkey and Syria, rescue crews there continuing to find more survivors more than five days after that devastating quake struck Turkey and Syria. More than 25,000 people confirmed dead following the 7.8 magnitude quake. Emergency crews from around the world are still digging through the debris looking for survivors.

[10:10:02]

SANCHEZ: And this morning, a spectacular discovery, a 16-year-old boy pulled alive from the rubble of a destroyed building, nearly 120 hours after the disaster. Rescuers started searching the location after they heard his voice coming from below the wreckage. And after 132 hours, crews pulled a father and his young daughter from the fallen building. He was able to thank rescuers but pleaded for them to keep digging. He believes his wife may still be alive.

WALKER: CNN's Nada Bashir joining us now from Istanbul. It's just incredible that people have been pulled out alive. Some came out uninjured. I think it was a father and two sons who were pulled out of the rubble just yesterday, I believe, and they had no injuries. But of course, it's a race against time.

NADA BASHIR, CNN PRODUCER: It certainly is, Amara. It really is a race against time. And of course, it is these remarkable stories of people being pulled out alive some 132 hours now after that earthquake hit on Monday. This is a significant advancement feat, and of course, there are search and rescue teams working around the clock. Many people have traveled from across the globe to support in this rescue effort. And of course, there are so many people here, and, again, across the border in northwest Syria, praying, hoping, that their loved ones may still be alive, that they may still be pulled out of the rubble.

Of course, that hope is beginning to dwindle now days on since the earthquake hit, and concern, of course, is mounting that we will continue to see that death toll rising. In fact, in northwest Syria, the white helmets, which has been leading on that rescue effort, says they are no longer anticipating that they will find survivors. Rather they are focusing on the recovery effort. Some real concern there, of course, and troubling developments for families and loved ones of those still trapped beneath the rubble.

Of course, there is a huge emphasis, a huge focus on providing aid and humanitarian support for all of those impacted by the earthquake here in Turkey and across the border in Syria. Of course, many people now displaced, particularly in Syria, where there were more than 4 million people in that region already heavily dependent on humanitarian assistance. We've seen the Turkish government announcing new funding. More than 140,000 volunteers and rescue workers working around the clock as part of Turkey's effort to tackle this and address the humanitarian crisis.

But of course, there is also concern around the situation in Syria, because while we have seen aid being funneled into Turkey, commitments and pledges from across the globe, this has certainly been more robust than the aid response in northwest Syria, which has, of course, faced some issues with regards to logistics, but also getting that aid from Damascus into rebel-held areas. We've heard urgent pleas from aid groups to get the aid to northwest Syria, and it does appear that now those convoys are getting in across the border. The question is whether will we see the cross-line transfers of aid from government territories in that rebel-held territory in the northwest.

WALKER: It sounds like they have been largely cut off. Hopefully they do get the aid soon. Nada Bashir, thank you very much.

The FBI executes a search on former Vice President Mike Pence's home, what they found in their search for more classified documents, and why Pence has been subpoenaed as part of the special counsel probe into President Trump's actions on January 6th.

SANCHEZ: Plus, Memphis prosecutors say they are now looking at every case involving these now fired officers that were charged in the beating death of Tyre Nichols. This as we're learning new details about one of the officers involved.

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[10:17:43]

WALKER: Sources tell CNN the FBI is expected to search Mike Pence's Washington, D.C. office in the coming days.

SANCHEZ: And this comes just one day after the search of former Vice President Pence's home in Indiana, where federal investigators removed even more documents, including yet another one with classified markings.

Let's bring in CNN national security and justice reporter Zach Cohen. Zach, tell us about what was discovered on Pence's property.

ZACHARY COHEN, CNN NATIONAL SECURITY REPORTER: Boris and Amara, another classified document was found when the FBI searched Mike Pence's home in Indiana yesterday. And frankly, this is not what the Pence team or Pence himself had hoped for. This was part of the ongoing Justice Department review that was initiated after Pence's own lawyer searched his house and found around 12 classified documents there. They handed those over to the Department of Justice who then started to initiate their own review, and that led to the search that we saw play out yesterday.

Now, it seems that Pence's lawyers maybe missed this one document, and the six additional pages that weren't marked classified but were removed as well. It is unclear what these documents were and what they pertain to, but it's obvious that this will probably delay the Justice Department review itself. It is going to prolong that, which is not what Pence wants considering he is eyeing a potential 2024 presidential bid.

SANCHEZ: And how exactly is Pence responding now?

COHEN: Pence's team is really emphasizing the fact that they intend to fully cooperate. And that has really been their posture since the very beginning. He says that he's accepted full responsibility for the documents that have already been found. He says mistakes were made. It's a really sharp contrast to what we've seen from Pence's former boss, former President Donald Trump, where Pence is really making the point that he is fully cooperating with the Justice Department probe.

It also comes at a time when Pence is facing a subpoena in the other special counsel investigation that's focused on January 6th. That one a little bit more dicey as far as weather Pence will be as willing to cooperate. There's executive privilege questions that come up in terms of will Pence be able to talk about certain things. But Pence really facing a busy week this week, and it will definitely play out going forward as well.

SANCHEZ: Yes, the dynamic potentially running against his former boss, while also complying with an investigation into him. That's got to be awkward. Zach Cohen from D.C., thanks so much.

[10:20:01] So let's delve into all the legal implications with Michael Moore. He's a former U.S. attorney for the middle district of Georgia. He also serves as a partner at Moore Hall. Michael, we're always glad to have your expertise. We were joking during the commercial break, you flip over a rock and there is another classified document. What could this mean for Mike Pence?

MICHAEL MOORE, FORMER U.S. ATTORNEY, MIDDLE DISTRICT OF GEORGIA: I think he is probably handling it the right way. And I'm glad to be with both of you here on the set. He has handled it the right way by saying he is responsible, and he is responsible for this, and he has allowed them to come to his home to do a search. I think on a grander scale, it has probably bigger implications what may be going on with the Trump documents case. The Pence case and the Biden case are completely different than the Trump case, but there is no way that there is not some overlap and correlation. That will be in the back of the prosecutor's minds as they think about what was found and what went on.

In the Pence case, the documents are there, there is no question about it. But at the same time, he's given over the documents. He hasn't fought about it, he hasn't fought a subpoena, he hasn't tried to obstruct and give what I think are false statements about whether or not classified documents were there. But once they were recovered, he has turned them over. That sets him apart in a way.

WALKER: So these latest findings, should we be even talking about more legal liability at this point, or the fact that this -- if I'm sitting at home watching the news, and every so often there is another batch of documents whether from Biden's home or from Mike Pence's home, you're thinking, gosh, how safe are our sensitive documents? There's got to be a better system in place.

MOORE: I think that's what we ought to be talking about, is really what do we do to fix this. There is no question that if you're the president or vice president, speaker of the House, president of the Senate, you need this information. You need to have access to the information. You can't ride to a SCIF every time, a secure facility, to look at the documents. So you've got some things at homes.

The problem is maybe we overclassify at times, and we also don't have the best way of tracking where these documents may be. So probably instead of pointing fingers and blaming folks all around, we ought to be thinking about how do we fix this. Again, it's a different case when you talk about when you defy a subpoena. That's a completely different thing. In the Pence and Biden cases, when the documents have been found, they have been very forthcoming. Here they are, let's get to it.

But I agree with you, the reason we have classification markings is to protect our national security, and so we wonder what level these documents themselves were marked.

SANCHEZ: I also wanted to get your thoughts on what appears to be a shift in that Trumpian strategy of not complying with an investigation. CNN reported yesterday that Trump's legal team turned over more classified material, including this laptop that apparently belonged to an aide. What do you make of what appears to be maybe a change in attitude?

MOORE: I think they're probably taking advantage of the ongoing cooperation by Pence. And they know there is a political fight coming. Let's call it like it. And so I'm sure his lawyers are saying this is what you need to do.

What worries me is that these documents were found after an FBI search. And so they searched Mar-a-Lago and apparently the FBI didn't find these documents. It also it bothers me that somebody, some staff member, was that close to Trump that they were downloading classified documents on to their computer, which puts it at risk for being hacked and other things. And that is a real problem when it comes to classification.

WALKER: We also learned, regarding these documents found at Mar-a-Lago that Donald Trump's attorney, Evan Corcoran, testified for four hours with the grand jury. You know what goes on, what kinds of questions are asked. I mean, is this good news for Trump?

MOORE: I don't know that anybody appearing in front of a grand jury is good news for Trump. At the same time I think his lawyers have protected him and they've built a little bit of a cocoon around him. My guess is he was asking questions about what efforts were made, who was actually doing the search for the documents when this letter was written, saying that all the requests had been complied with, who was responsible for drafting that, how much input did you have from Trump. At the same time, I'm sure he claimed attorney-client privilege in large part because he is entitled to do that.

WALKER: But you can't do that for four hours.

MOORE: You can't do it for four hours, but we were probably spending a lot of time talking logistics of the searching as opposed to what he told his client.

And how about Mike Pence getting subpoenaed by Jack Smith, the special counsel? That will be interesting testimony. What do you think Smith is looking for?

MOORE: I think Pence is an important witness for him. I think at the same time we're hearing there are rumblings that Pence is going to claim executive privilege and Trump may assert executive privilege. The problem with Pence is he wrote a book.

(LAUGHTER)

MOORE: And you can't claim to be a patriot only when you want to be published. You have to do it -- you can't hide from the public, right. You just can't be paid and published and claim to be a patriot. So these secret things and this idea that somehow now I'm not going to talk about it seems to me to be a little bit far afield. I think he is probably thrilled that Trump will challenge the subpoena, it looks like, as well and claim some executive privilege. But we know from the Nixon case with the Supreme Court, you can't use executive privilege as a shield to cover up and hide criminal conduct. So I think you will see him testifying before the grand jury.

[10:25:00]

WALKER: So then, without getting granular, what are your prediction, not about the Super Bowl, but about --

(LAUGHTER)

WALKER: -- especially with the documents, I mean where is this going to go, especially when it comes to Trump, because It seems like Pence and Biden obviously is a very different case?

MOORE: I think they are different cases. And everybody who looks at it objectively, I think would say that. I think the problem is, in reality, when you're having former presidents and current presidents and former vice presidents all having documents, it gets tough. Trump has got plenty of other things that he can be talking about, criminal problems that he's probably facing in various jurisdictions that I think you'll see more interest by prosecutors there.

Here, remember, you've got to present a case to a jury, and so these juries are made up of people all around the country, voters. And we've sort of seen how that goes. And so this would seem to me to be a pretty clear argument that a defense lawyer could make that this is not the only time it's happened. It's happened in other circumstances. And think about the crazy scenario, in fact, that we're in today and over the last couple of weeks where you've got the FBI searching a sitting president's home. This is sort of uncharted territory for us.

SANCHEZ: So Chiefs or Eagles?

(LAUGHTER)

MOORE: I don't know, probably the Eagles.

SANCHEZ: All right, fair enough.

WALKER: You never answered my question.

SANCHEZ: Miami Dolphins. Miami Dolphins. They may not be playing --

MOORE: Always. Always.

SANCHEZ: Michael Moore, thank you so much.

WALKER: He would said the Falcons, then.

SANCHEZ: Or Georgia Bulldogs maybe?

MOORE: They might. They could probably do it.

(LAUGHTER)

WALKER: Appreciate you coming in. Good to see you.

Up next, prosecutors in Memphis will now review all prior cases, closed and pending, involving the five officers charged in the brutal beating and death of Tyre Nichols. We'll have the latest next.

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[10:31:01]

WALKER: Welcome back, everyone. A look at the top stories.

Senator John Fetterman has been released from a hospital in Washington, D.C. Earlier this week he was admit ford a series of tests after he said he felt lightheaded. A spokesperson for Senator Fetterman says doctors found no evidence of a new stroke. Last year, Fetterman had a nine-day stint in the hospital after suffering a stroke and had surgery to implant a defibrillator.

SANCHEZ: In Nevada, long lines at gas stations after the governor there declared a state of emergency over a fuel pipeline leak. The leak is at the Kinder Morgan gas pipeline in California. It's one that feeds gas storage in southern Nevada. The emergency declaration allows the state to get gas in other ways while that pipeline is being worked on. The governor, though, is urging residents to stay calm and not panic buy, saying that the leak has not yet impacted supply to fuel.

WALKER: Five people were injured after an airport shuttle bus and an airplane collided at Los Angeles International Airport. The American Airlines plane was being towed from a gate when the crash happened. The tow driver, bus driver, and the two passengers on board the bus were take to the hospital. The sole worker on the plane was treated but released at the scene. Other flights were not impacted.

So prosecutors in Memphis say they will review every case involving those five officers charged with the killing of Tyre Nichols.

SANCHEZ: Yes, that includes both closed and pending cases as well. And the announcement came after newly released documents show that a sixth officer involved in Nichols' arrest lied in his statements to investigators. We have CNN Isabel Rosales now to discuss this. Isabel, it is unknown how many cases are now involved in these reviews.

ISABEL ROSALES, CNN NATIONAL CORRESPONDENT: Right, Boris and Amara. We don't know the number of cases that they're going to be looking into this, but we do know that maybe something making it a lighter lift for the D.A.'s office, is that these officers were not on the squad, not on the force for very long. So maybe instead of talking hundreds of cases, it is really a couple dozen here.

So prosecutors, what they will essentially be doing here is lifting up a magnifying glass, a legal magnifying glass, into these officers, looking at every past criminal case involving these officers since really day one of them becoming a police officer. Steven Mulroy, the Shelby County D.A., says that this means all cases, both closed and pending.

On the flipside, it's not just prosecutors taking action but also defense attorneys that are now combing through all of their cases, seeing if their individual clients had any run-ins with any of the members of this now defunct SCORPION unit. The hope here for them is that the legal troubles that their clients face will crumble away the same as the credibility of the SCORPION unit.

WALKER: And CNN has new analysis, right, of the bodycam footage, the surveillance video that we saw, that top cam, and it's giving us a better understanding of what happened that night.

ROSALES: Right. So what we did is we put a public records request in and got some of the body camera surveillance video, disciplinary documents, and we cross-referenced them, really piecing together which officer did what, how exactly they beat Tyre Nichols, and who is the officer to tase them.

So looking at Demetrius Haley, we know that he is the one who yanked Nichols out of the car and pepper sprayed Nichols in the face during that initial traffic stop. Haley then later drove to that second location, rushed up to the two officers that were attempting to handcuff Nichols, and then kicked Nichols. He did assist in handcuffing Nichols, but instead backed away.

Then we have Emmitt Martin. He was present at both scenes. Martin stood there as Haley yanked Nichols out of the car. And here is what he told Nichols.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Bitch, put your hands behind you back.

[10:35:00]

UNIDENTIFIED MALE: OK, chill out.

UNIDENTIFIED MALE: I'll knock your ass the -- out.

(END VIDEO CLIP)

ROSALES: Martin kicked Nichols multiple times. He punched him in the face five times. Both Haley and Martin, they were heard on that body camera footage telling their fellow officers that Nichols reached for or put his hand on Martin's gun. The problem is, with those disciplinary hearing summaries that we got through the open records request, the video evidence did not support those claims. They were claims that were deemed to be untruthful. Guys?

SANCHEZ: Unfortunately, a pattern that we've seen played out so often in these cases, you get an official statement from police that does not match what is then in the actual footage itself. Isabel Rosales, thank you so much.

WALKER: Good to see you, Isabel.

Still ahead, 10 former NFL players now suing the league's disability program. We'll explain that one next.

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SANCHEZ: As we head into Super Bowl Sunday, on the NFL's biggest week of the year, 10 former players are suing the league, accusing the NFL of systematically denying benefits to players in need.

[10:40:07]

In their complaint, the group alleges that doctors hired by the league, quote, "aggressively, arbitrarily, and unscrupulously, withheld disability benefits," stiffening even some players with serious head injuries. NFL Commissioner Roger Goodell how is named in the suit has dismissed those accusations. He says the claims were evaluated independently. Listen to this.

(BEGIN VIDEO CLIP)

ROGER GOODELL, COMMISSIONER, NATIONAL FOOTBALL LEAGUE: You're always going to have people who may think they qualify for it. Doctors disagree, the joint board disagrees, that's the way the system works. But I would tell you the benefits in the NFL are off the charts.

(END VIDEO CLIP)

SANCHEZ: Joining us mow to discuss the case, one of the players' attorneys, Christopher Seeger. Sir, thanks so much for joining us to talk about this. Your reaction to the commissioner's comments are what?

CHRISTOPHER SEEGER, ATTORNEY, NFL DISABILITY BENEFITS LAWSUIT: Those were his comments when we sued him for concussion injuries back in 2011 that resulted in $1 billion and a half dollar settlement, where the NFL is now compensating players for head injuries resulting from concussions. So I think that is kind of his standard line. I don't think Roger Goodell really knows what goes on in the plan, frankly.

SANCHEZ: Wow. The suit is alleging that the NFL's benefit plan had an overly aggressive and disturbing pattern of unscrupulous tactics. What does that mean exactly?

SEEGER: Well, one quick example would be the fact that we've got a lot of evidence that claims are denied without the board members who vote on those claims even looking at message records. We also found a statistical relationship between the amount of money doctors were paid in the plan and the number of denials. One example is a doctor who received well over $1 million in compensation had well over a 90 percent denial rate. And to give you one last example, which I think is really telling is, is that in the concussion settlement that I led, players would get a diagnosis in the concussion settlement of early dementia, or neuro-cognitive decline, bring that over to the plan, and get denied.

SANCHEZ: Wow. So you are arguing that you have evidence that the NFL paid certain doctors, incentivizing them to reach certain medical conclusions, is that right?

SEEGER: Yes, sir, to deny claims to fine print on it. They're paid to deny claims. We'll prove that.

SANCHEZ: So -- SEEGER: And just so you know, and I'm sorry to cut you off, this is

really important, this onion began being unpeeled by federal judges who started to look at individual cases. Some players started to sue in federal court. And there are opinions written by federal judges saying that this plan has breached its duty of loyalty and it needs to be really looked at. And that's what we're doing. So you said earlier that we filed on behalf of 10 players. No, we filed on behalf of all former players. It's a proposed class action.

SANCHEZ: That's right. You're essentially trying to amplify this case.

I do want to read a statement given to CNN by a league spokesperson about the lawsuit, they write, quote, the NFL P.A. disability plan is fair and administered by a professional staff overseen by a board compromised of an equal number of appointees of the NFL Players Association and the league which includes retired players. The board reviews the activities of the office and the operation of the benefit program, including every contested application for benefits to ensure that retired players who are entitled to disability benefits receive them as intended." Your contention is that that's not the case, and that that board is either negligent or corrupt.

SEEGER: Yes, I think that's a fair way to put it, I might go with corruption at this point. It's just too many years, there's just too many years of a pattern of them denying claims. I started the concussion lawsuit because players were being screwed around, frankly, by the plan there, and it resulted in the settlement.

Look we're going to find out. We just filed this case in Baltimore in federal court. A judge has just been assigned to the case. We're going to get discovery. We're going to unpeel the onion, and we're going to see what's there. And this wouldn't be the first time that the NFL's official statements didn't match up with the facts. And I totally expect. Frankly, we wouldn't have filed the case. Anyone in your audience just thinking about, and that will be the jury, ultimately, right, is it likely that 95 percent of retired players, 92 percent of retired players are being turned doubt for knee injuries, spine injuries, neck injuries, head injuries?

And this is a bargained for benefit, just so folks understand. Nobody is asking for a handout from these $32 billionaires. It was bargained for in the collective bargaining agreement, it is part of the deal. They put their bodies on the line, they put their health on the line, and now they're entitled to this. And they're being denied so the NFL can save money. And we also know that there is over $9 billion sitting in this plan. And they're going to need to spend some of that.

[10:45:00]

SANCHEZ: So I read that one of the players you're representing had severe head injuries, at least 10 of them. It was a former player for the Jets, correct? What does this lawsuit represent, not only for him, but for other players who, as you noted, have put it all out there on the field and have suffered for it?

SEEGER: Look, I think it's going to give them some justice of what they're entitled to. Try to imagine you being involved in it, whether you're a carpenter or a plumber or an NFL player, and you've got union benefits, and when you go to use them, everybody is told no. We're all familiar with plans and insurance companies denying claims. But this is at a level that's highly suspicious of fraud and wrongdoing.

SANCHEZ: Christopher Seeger, we have to leave the conversation there today, but we would love to have you back on as the case develops.

SEEGER: Happy to do it. Thank you.

SANCHEZ: Thank you.

WALKER: All right, still ahead, I'm sure you had no idea, it's Super Bowl weekend. Hello. And tomorrow will be all about two things, football and food. Have you ever wondered what happens to all of those stadium leftovers after the big game? Well, this year, it's being donated to people in need. We'll talk to the woman coordinating this massive effort, next.

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[10:50:40]

WALKER: On Super Bowl Sunday, food, of course, is just as big of a deal as the actual game. We were just talking about that during the break. At the stadium in Arizona, tens of thousands of pounds of food are being prepared for fans, but what happens to the unused food at the end of the night?

SANCHEZ: And that is where our next guest comes in. Regina Anderson is the executive director of Food Recovery Network. The food waste has long been an issue at large scale events like the Super Bowl, so Regina, if you could explain how your team is working to combat that?

REGINA ANDERSON, EXECUTIVE DIRECTOR, FOOD RECOVERY NETWORK: Hi, thanks so much. Absolutely. So food waste is an extraordinary problem here in the United States, and so what we do at Food Recovery Network, we are the logistics for large scale events. We ensure that all the surplus food that is safe to donate is packaged up and donated locally to nonprofits that are combatting hunger and food insecurity all across the U.S. This weekend, we happen to be here at a Super Bowl in my hotel room, gearing up, we're so excited. But around 34 million people are suffering from food insecurity all across the U.S.

WALKER: That is so important to note. And I know, especially when you talk to people in the restaurant industry, and in general, liability is an issue, right? This is why we see so many billions of pounds of food wasted here in the U.S., because if you give it away, you ought to be held liable if there is something wrong with the food. But there was a bill that was just passed, correct, and that takes away this liability issue?

ANDERSON: It certainly does. So across the U.S., at the commercial and institutional setting, around 26 million pounds of food is wasted every single year, so that is on farm fields, large scale events, as you just mentioned, corporate dining. And so late December, the Food Donation Improvement Act was passed, and that extended a 1996 law called the Bill Emerson Good Samaritan Law, and that means if you donate food in good faith, you can't be held liable. And there are a few other details to that, but we want to make sure that people know you can donate food, it is perfectly fine to do that. Just have a recovery plan in place. Get in touch with Food Recovery Network, and we can help you with all the logistics to make sure that food recovery becomes norm and not food waste.

WALKER: And Regina, this this is your third Super Bowl now collecting food. I understand that last year in L.A. you redistributed some 2,000 pounds of food. How much are you expecting to recover this year?

ANDERSON: Yes, we were really excited to be at the Super Bowl last year. So this year, we're hoping to recover around that much as well, maybe even a little bit more. The third year, we recovered 5,000 pounds of food.

SANCHEZ: Wow.

ANDERSON: The reason why there is surplus food can vary a lot. And so no matter what, there is a recovery in place. And so if it's 2,000 pounds of food, 5,000 pounds of food, we're going to make sure we recover that food safely and donate it to the Phoenix Rescue Mission.

WALKER: "Safely" is the key word, right? Because you've got to get the food to the people or to the refrigerates as quickly as possible. What kind of manpower and coordination does it take to pull all this off?

ANDERSON: It varies from event to event. This year, we happen to have, I'm with two other Food Recovery Network staffers, so a shoutout to them. They're incredible. And we're joined by our student leaders at Northern Arizona University. So we have eight college students who are joining us, because they do recovery on their college campus every single day. They're going to come and help us out.

So there is a small group of us, there's a lot of willpower to make this happen, and then also everyone in the back who is supporting this event, they know that we're going to be here. They're excited that we're going to be here. They want to make sure that all of this precious food that was grown by incredible farmers, that was prepared by all of the celebrity chefs, we want to make sure that we're not throwing that food away. We're making sure it goes to people who are, unfortunately, suffering from food insecurity.

SANCHEZ: Regina, it sounds like you're going to be tied up with work. Are you going to be able to watch the game? And if so, who are you rooting for?

(LAUGHTER)

ANDERSON: Well, we're going to be a little tied up. As soon as the game starts, we're going to be starting to recover the food. That's OK. But I'm just really excited that this year is an historical moment for the Super Bowl. Two African American quarterbacks, so I'm just excited to watch the game, but on my TV. WALKER: Awesome. Regina Anderson, you're doing really just amazing

work, and I'm so glad to see that all of this food is going to go into the mouths of people who need it. So thank you for the work you do. Appreciate it.

[10:55:04]

ANDERSON: Thanks for your time.

SANCHEZ: Of course.

WALKER: So for the first time ever, the fly-over by fighter jets at Sunday's Super Bowl will be performed by an all-woman crew. The flyover comes during the "National Anthem," and it's the climax of the pregame buildup.

SANCHEZ: Yes, the team of U.S. Navy pilots is set to commemorate 50 years of women flying in the Navy. One of the officers says she is humbled and honored to take part in the flight, calling it a once in a lifetime opportunity, adding, quote, "It doesn't get any better than the Super Bowl." And truly for them, it is going to be an amazing experience. It's going to be great to see them do that, and then to pig out on chicken wings and pizza.

WALKER: What are you pigging out on?

SANCHEZ: Definitely some chicken wings, some pizza. I love all kinds of dip, buffalo wing dip.

WALKER: Me, too.

SANCHEZ: Buffalo wing dip. Dip buffalo wings in buffalo wing dip.

(LAUGHTER)

SANCHEZ: Yes, it's like inception, but for buffalo wings. It's good.

WALKER: It's just one day. It's just one day.

SANCHEZ: Yes.

WALKER: All right, well, it was so nice to have you here.

SANCHEZ: It was great to be together, yes.

WALKER: Wonderful. Thank you so much for watching, everyone.

SANCHEZ: Don't go anywhere, because the next hour of CNN Newsroom starts with Fredricka Whitfield, who is right over there. Yes, stay tuned for that.

WALKER: Hi, Fred.

(LAUGHTER)

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