Return to Transcripts main page

CNN Newsroom

Monique Worrell is Interviewed about DeSantis' Criticism; Trump Seeks to Block Pence's Testimony; Chris Rock on Oscar Slap; Albuterol Shortage Expected to Worsen. Aired 9:30-10a ET

Aired March 06, 2023 - 09:30   ET

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

(COMMERCIAL BREAK)

[09:31:43]

ERICA HILL, CNN ANCHOR: The Orlando mass shooting that left a nine- year-old girl and a TV reporter dead, and a 38-year-old woman, has sparked a political clash between Florida Governor Ron DeSantis and a local prosecutor. The suspect in the case, 19-year-old Keith Moses had a lengthy juvenile record -- given it's a juvenile record, of course, it was sealed -- as well as one arrest as an adult. Now, the governor is pointing the finger at the state attorney, Monique Worrell, for not prosecuting that specific case.

(BEGIN VIDEO CLIP)

GOV. RON DESANTIS (R-FL): You have to hold people accountable. This idea, and I know the district attorney, state attorney in Orlando thinks that you don't prosecute people and that's the way that you somehow have better communities, that does not work.

(END VIDEO CLIP)

HILL: Well, the victim's families have responded to the governor's comments. They're defending the prosecutor. The parents of Dylan Lyons and T'yonna Major also joined CNN on Friday morning. They're calling for tougher gun laws. They're also weighing in on this public battle that has now been launched following the deaths of their loved ones.

(BEGIN VIDEO CLIP)

GARY LYONS, FATHER OF TV REPORTER KILLED IN SHOOTING: We've heard from so many people, but yet we haven't heard from our governor or our senator who seem to want to publicize it for their own ambitions or for their affiliations. They're fathers. They have children. How could they be so callous as to not even call us and extend their sympathy that we've lost, regardless if you're Democrat, Republican, white or black, it doesn't make a difference, we've lost our children, and not even to calls us or have anybody reach out to say, we're sorry, I thought was so cold.

(END VIDEO CLIP)

HILL: Joining us now is the prosecutor in charge of that case, State Attorney Monique Worrell. Good to have you with us this morning.

I know you did speak with the families prior to them speaking out with some members of the media.

There's a lot of back and forth about what could and could not have been done, so I'm hoping you can also help us clear up just a few questions that we have.

So, specifically, when it deals with the record of the suspect, juvenile issues are one thing in terms of what's been sealed, but there was this 2021 arrest, a marijuana arrest. He was an adult. You were in office. Those were misdemeanor charges that were dropped because, as I understand it, there wasn't enough there to test to determine whether or not it was actually marijuana. But there was a gun that was also a part of that stop and "The Tampa Bay Times" is reporting the sheriff's office didn't test that gun for DNA. A lot of questions about why, a lot of questions about what that would have changed had it been tested if his DNA was on it.

Do you know - do you have an answer at this point from the sheriff's office as to why that gun was not tested for DNA?

MONIQUE WORRELL, FLORIDA STATE ATTORNEY: So, good morning, and thank you for having me.

You know, there are a lot of questions around this case, but the first thing I need to say is that prosecutors do not come with a crystal ball. So, any implications that there is something that could have been done by the prosecutor's office to stop this tragedy from happening is just simply not based in fact.

So, I'll tell you what happened while I was state attorney. There was a stop in which the individual was found with 4.6 grams of marijuana. We were not able to prosecute that case because the marijuana was not tested. And without having it tested, we cannot go forward because we are unable to meet our burden of proving the case beyond a reasonable doubt.

[09:35:04]

So, there's been a lot of, you know, allegations that we should have prosecuted and we should have gone forward. In fact, the sheriff has come out and said that he would have liked to see the case prosecuted because in that stop were ski masks, as well as a gun. Well, it's very important to note that it was the sheriff's office who made that stop and there were never any charges presented to the state attorney's office for possession of a firearm. In fact, the deputy who made the stop said that he was going to send the firearm off for testing, and that testing was never done.

Now, why it wasn't done, I can't tell you. I know that a report that came out of the sheriff's office last week said that it was a misstep on their behalf. However, that misstep has not been called out by the governor, and I find that to be very interesting. HILL: So, when you look at this list, then, that you - that the

governor has asked you for, which I know you've said that you're working on in terms of pulling this, asking for files related to Moses, as well as other suspects who the governor says have not been held accountable. Is there anything on those lists, are any of these cases that had raised a red flag for your office in some way that you were already looking into?

WORRELL: No. So I'll tell you that I reviewed every single case to ensure that there were no missteps on our behalf. And prosecuting cases is a very complex matter, and there's a lot of assessment that goes into that.

In that assessment is, how can we define whether or not an individual is a future danger to the community. And there's really no way for us to tell that. We don't have any tools, we don't receive mental health assessments. We are prosecutors. We're lawyers. We don't have any way of truly assessing future dangerousness but by looking at an individual's record.

Now, it's come out that this individual was previously arrested for a robbery with a firearm as a juvenile, when he was just 14 years old. Now, I'll tell you that I can't discuss the disposition of the case. I can't tell you how that case was resolved because Florida statutes prohibits me from discussing the resolution of a juvenile case.

But I will tell you that I did review that case in detail and there was nothing wrong done by my office. I stand behind the decision that was made, even though it was made prior to me taking office.

HILL: You mentioned mental health. I know you have a list of things that you would like to work on to deal with crime, which is a very real issue and very real concern, as you know, to deal with gun violence. Is there anything on that list, is there an area where you believe that you could find some common ground where you and Governor DeSantis could work together? Is there something that you would like to propose to him in terms of a sit-down to say, let's work on this together? Do you think that's a path forward?

WORRELL: So, I'll tell you, there are many things that I have been working on since I've taken the role as state attorney. And it's unfortunate that the governor has chosen to politicize this tragedy that's taken place in our community.

And when I say "our community," I want to be very clear, I work in the Pine Hills community, I worship in the Pine Hills community, we serve in the Pine Hills community. So for someone sitting in Tallahassee to politicize a tragedy that my community is still mourning is absolutely shameful.

But one of the things that I've been working on is changing the juvenile justice system so that we can have more accountability, longer time periods that individuals are kept in the juvenile justice system. And something like that could help preventing another tragedy like this. And that is within the governor's power to do and to effect. And he needs to do that instead of trying to gain a political moment by coming after me for something that I did nothing wrong in. If he really wants to see that this never happens again, then he should make every effort to make the changes that I've been recommending since I've become state attorney.

HILL: Monique Worrell, we appreciate you taking the time to join us this morning. Thank you.

WORRELL: Thank you for having me.

SCIUTTO: Still ahead, former President Trump's latest effort to stop his former vice president from testifying before a grand jury. How much could Mike Pence still have to share? We'll talk about it coming up.

(COMMERCIAL BREAK)

[09:43:40]

HILL: Former President Trump has asked a federal judge to block his former vice president, Mike Pence, from testifying before a federal grand jury.

SCIUTTO: Not the first time he's tried that. Special Counsel Jack Smith is looking into January 6th and Trump's efforts to overturn the 2020 election. Sources say Trump is asking a federal court to block Pence's testimony once again on grounds of executive privilege.

Joining us now, Elie Honig, CNN's senior legal analyst, former assistant U.S. attorney for the Southern District of New York.

Elie, we've talked about this defense before. Trump has used it to attempt to block or block the testimony of a number of folks who worked for him. Does executive privilege apply to the vice president's testimony in this case?

ELIE HONIG, CNN SENIOR LEGAL ANALYST: Well, this is a serious long shot, Jim. Donald Trump actually has quite a poor record of winning on these claims, but he does bring them and he does manage to drag things out. Donald Trump's got two big problems with his executive privilege argument here. The first one is that this is a criminal grand jury subpoena and courts tend to honor and uphold grand jury subpoenas, not automatically, but typically a grand jury subpoena will overcome a claim of executive privilege.

The second problem is, Donald Trump is not president anymore. He's a former president. Again, it's possible that a former president can bring an executive privilege claim, but it's much more difficult than if he were still the sitting president.

So, I think this one's a long shot. But, as you said, Jim, this is a pattern for Donald Trump.

SCIUTTO: Yes.

HONIG: He likes to claim executive privilege. It helps him slow things down. [09:45:02]

HILL: Look, and they -- I think everybody knew this was coming, right? We know that Mike Pence is also trying to claim that under the Speech and Debate Clause that he doesn't need to submit to the subpoena. When you look at where we stand, do you see a scenario where the special counsel moves forward without Mike Pence's testimony?

HONIG: So, that's a really interesting question, Erica, and that's the calculation that the special counsel has to make right now, do we go to court and fight both of these claims, Donald Trump's executive privilege claim and Mike Pence's speech and debate claim? Do we take it through the district court? Do we go to the court of appeals? If we win, do we maybe then have to wait for the Supreme Court? Or do we just move ahead without Mike Pence's testimony?

But here's the risk, you need to know what Mike Pence says if you're a prosecutor. A, it could be helpful to your case. There were certain one-on-one conversations you would want to know about. B, it might be harmful. What if Mike Pence went in there and said things that were all favorable to Donald Trump. What if Mike Pence said, he never pressured me. He told me to just do the right thing. You need to do know that either way as a prosecutor.

HILL: We will be watching and waiting and calling on you, as always, for your expertise.

Elie, thank you.

HONIG: Always ready, guys. Thank you.

HILL: All right, Will Smith, Chris Rock, had some words for you over the weekend.

SCIUTTO: Yes.

(BEGIN VIDEO CLIP)

CHRIS ROCK, COMEDIAN: Y'all know what happened to me. Getting smacked by Shug (ph) Smith. Everybody knows.

(END VIDEO CLIP)

HILL: Everybody knows, but they haven't heard as much about it until the weekend. The comedian talking about that Oscar slap nearly a year later in his new Netflix special, and Will Smith wasn't the only target.

(COMMERCIAL BREAK)

[09:50:38]

SCIUTTO: For the first time since Will Smith slapped him on stage on national television at the Oscars, Chris Rock spoke extensively about what happened during a Netflix special. I'll tell you, watching it, it's clear, he's not over it. (BEGIN VIDEO CLIP)

CHRIS ROCK, COMEDIAN: Words hurt. That's what they say. You got to watch what you say because words hurt. You know, anybody that says words hurt has never been punched in the face.

(END VIDEO CLIP)

SCIUTTO: Wow.

HILL: CNN's Stephanie Elam joining us now with a closer look at this standup special.

There was a lot of anticipation and perhaps, not surprisingly, a whole lot of reaction after this special.

STEPHANIE ELAM, CNN CORRESPONDENT: Oh, for sure. Erica and Jim, you know, this was almost a year in the making. The Oscars are this weekend. So, we're about a year out since this happened. And everyone has wanted to hear what Chris Rock had to say about what went down. And he finally unleashed. And I have to agree with you, Jim, there was an intensity in Rock's eyes as he was on the stage, as he got into that last 10 minutes of the show where he talked about what went down when Will Smith smacked him on the stage last year at the Oscars. And he did say, there were little teases throughout the show where he was saying, I'm going to try not to offend anyone tonight. Little things that let you know that he was going to go there. But at the end he really did unleash.

And, in fact, take a listen to a little bit of what he said.

(BEGIN VIDEO CLIP)

CHRIS ROCK, COMEDIAN: Y'all know what happened to me, getting smacked by Shug (ph) Smith.

It still hurts. I got summertime ringing in my ears.

I love Will Smith. My whole life I loved (EXPLETIVE DELETED). My whole life I routed for this (EXPLETIVE DELETED), OK. And now I watch "Emancipation" just to see him get whooped.

(END VIDEO CLIP)

ELAM: So, he made that joke about the movie that just came out more recently that Will Smith is in, "Emancipation." But he did say like one thing. He's like, you can't tell how much larger Will Smith is than me, and joked about the kind of roles - the fact that he played Mohammad Ali, and he was like, I didn't audition for that role, that he's much larger than me. And he also went into the fact that years ago Jada Pinkett Smith, Will's wife, had asked for him to step down from hosting the Oscars because Will did not get nominated for "Concussion." He's like, OK, so she brought that up. I'm supposed to quit my job and then she brings it up, I shut it down. I made some jokes. He said also that his joke last year at the Oscars about Jada's haircut was not so much about upsetting them, it was a lightweight joke, but Will's response was more about their relationship. And he went into the fact that, as we know, the Smith's made a whole public display of the fact that Jada Pinkett Smith said she had an entanglement with one of her son's friends and then Will Smith was on the show to talk about it. So he went into that. But it's clear that he still have very large feels about what went down. And he made it very clear to everyone how he felt about it.

SCIUTTO: Yes, the entanglement's reference was pretty pointed, one might say.

ELAM: Very pointed. Sharp.

SCIUTTO: Yes, it was worth watching.

Stephanie Elam, thanks so much.

HILL: There is a medicine shortage to tell you about this morning. This is one used to treat people with breathing problems. If you or someone you loave has asthma, you have likely heard of it, maybe they've used it. The shortage, too, we're learning could soon get worse.

SCIUTTO: The drug albuterol has been on the FDA's shortages list since October. Now some doctors are worried the recent shutdown of a major supplier could strain hospitals.

CNN's senior medical correspondent Elizabeth Cohen joins us.

Elizabeth, I mean it strikes me, the pattern here, like we saw with infant formula, right? Not a lot of manufactures. Some trouble at one and then you have this shortage.

I wonder, what's happening with albuterol, and should folks who rely on it be concerned?

ELIZABETH COHEN, CNN SENIOR MEDICAL CORRESPONDENT: Jim, there are some similarities. And, yes, if you use albuterol for asthma or some other breathing problem and you end up in the hospital, you may run into this shortage. This appears to be a shortage that's really more focused on hospitals. And this is about nebulizers, not inhales. Nebulizers are the ones that have the mask that goes over the face, and they're, you know, powered electrically, so that's different from an inhaler.

So, let's - let's take a look - you make a good point, Jim, about other shortages, because this is a broader problem than just albuterol. In 2022, according to the American Society of Health System Pharmacists, 160 drugs were in shortage.

[09:55:03]

It was the most ongoing and active shortages since 2014. Everything from cancer drugs to Adderall to antibiotics. And when the folks at that society asked, you know, what's the reason, they asked drug companies, what's the reason, let's take a look at the answers. More than half of them, they didn't answer or they just said unknown, and then you can see there was also supply and demand or manufacturing.

Focus on that first line there, experts from the University of Utah and other places tell me, look, this is really frustrating. When the drug companies don't have to be public about why this is happening and don't have to give details, it makes it very hard to fix it. The FDA says they're working with manufacturers to fix the albuterol and other shortages, but, again, there's a lot of details are missing about why these shortages are happening in first place.

Jim. Erica.

SCIUTTO: Worth checking out more. We're seeing a lot.

Elizabeth Cohen, thanks so much.

Still ahead, the NTSB is now heading to a second Norfolk Southern derailment in the state of Ohio. We're going to go to Springfield live for the latest on that investigation. You see the pictures there.

Plus, I'll speak live with the chairman of the union that says his union's workers have been getting sick since working at the site of that toxic derailment in East Palestine. Details on the changes the union wants from Norfolk Southern.

(COMMERCIAL BREAK)

[10:00:00]