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Trump & Kemp Show Repaired Relationship At Storm Briefing; Trump Spreads Falsehoods About Hurricane Relief, FEMA, Migrants; Marjorie Taylor Greene Falsely Suggests Dems Can "Control The Weather"; Leader Of Hamas' Military Wing Killed In Israeli Airstrike In Lebanon; Biden Suggests Israel Avoid Attacking Iran's Oil Fields; L.A. Prosecutors To Review Menendez Brother's Murder Case; L.A. County D.A., Georgia Gascon, Discusses Menendez Brother's Murder Case; Tropical Storm Milton Forms In The Gulf Of Mexico; Helene Death Toll Rises To At Least 225 Across 6 States; "The First Spouse: Melania And Doug" Airs Tomorrow at 8PM. Aired 1-2p ET

Aired October 05, 2024 - 13:00   ET

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

[13:00:00]

AMBER RUFFIN, AMERICAN COMEDIAN: Lionel Richie is trying to listen to her butt.

UNIDENTIFIED MALE: That's a -- it's a --

UNIDENTIFIED MALE: Hello, is it me you're looking for?

ROY WOOD JR., HOST, "HAVE I GOT NEWS FOR YOU": Oh, that's how they turn the chairs around on "The Voice."

It's push some things around.

(END VIDEO CLIP)

JIM ACOSTA, CNN ANCHOR: All right, be sure to tune in a new episode of "Have I Got News For You" airs 9:00 p.m. right here on CNN.

Hello. Thanks for joining me. I'm Jim Acosta in for Fredricka Whitfield. We begin on the presidential campaign trail now, just about a month away from the election and both campaigns meeting with voters and key battleground states during this final critical stretch of the race voting already underway across several states and poll show. Vice President Kamala Harris and former President Donald Trump locked in a dead heat. Their campaigns now navigating several big news stories that could shape the outcome of this election from the war in the Middle East to the devastating aftermath of Helene and a surprising jobs report more on all of that coming up.

But today, the former president is returning to the scene of his first assassination attempt in battleground Pennsylvania. Trump is set to hold a rally in just a few hours from now in Butler. That's in the Western part of the state. He narrowly survived an attempt on his life, as you recall, on July 13th at that location the exact one, as a matter of fact, when a gunman opened fire and a bullet grazed his ear. One attendee at the rally died, two others were injured. And CNN's Alayna Treene joins us now live from Butler, Pennsylvania.

Alayna, I know you were there that day. You went through all of that. And you're learning more about some of the security precautions for today's event and how things are going to be a little different this time around.

ALAYNA TREENE, CNN REPORTER: That's exactly right, Jim. I can say that the security apparatus around this particular rally is very different from what they had back in July during that first assassination attempt. One change is that Donald Trump is going to be surrounded by bulletproof glass while he is on that stage behind me. I've seen just far more snipers on all of the roofs around this era than there were back in July.

One thing we know that the shots when we were here last time the shots came from this direction. The AGR buildings where the Thomas Crooks, the attempted assassin was on the roof where he fired those gunshots. That view to those buildings is completely blocked off. They have placed trailers there in that line of sight. There's far more secret service and law enforcement on the ground. But I also just spoke with a U.S. Secret Service communications director who confirmed that to me.

Another thing, local law enforcement and Secret Service are going to be operating in one command center today. That's a big difference from last time. Yes, last time they argued that they weren't communicating well, they weren't speaking on the radio as they were supposed to be. So they fixed that as well today. And then also they have a better counter drone system in place.

So again, much more high-end security.

Now as for how the rally will be different, look, when I talked to Trump's campaign leading up to this, they said that this won't be a traditional political rally, though I'm sure you're going to hear a lot of that campaign rhetoric that we have become accustomed to. Instead they really are trying to focus on this community and particularly the victims who were affected by those gunshots, especially the man who died, Corey Comperatore. His family is going to be here today. Donald trump is going to be sitting here to them about them as well as some of the other victims who were shot. So, a pretty heavy day here.

But I will say just the vibe from the crowd right now, people are excited to be here and they're ready to kind of try to change the narrative around what had happened in Butler and make this more of something that they feel is, what one person, what one woman told me, is redemption.

ACOSTA: Yes. And Alayna, I mean, yes, I'm sure they're going to be marking what happened on July 13th. But at the same time, J.D. Vance is supposed to be there and Elon Musk is going to be there as well. So I'm sure Trump will be dishing out his usual red meat. What are you hearing from rally attendees there?

What are they saying?

TREENE: Well, just to mention Elon Musk and J.D. Vance, a lot of them were really excited to see them. They said that part of the reason some of the people who hadn't come to the rally back in July but came today, they said that they wanted to come to see Elon Musk and J.D. Vance in addition to Donald Trump. So that has drawn some people.

But I actually asked a lot of these people about how they're feeling safety wise. You know, last time some of the attendees I spoke with were actually here, obviously a very traumatic, emotional day for them. Every single rally attendee, Jim, that I spoke with, said that they are not concerned about security, that they believe that sure, there might have been failures back in July, they believe that there will be the proper enhancements today, that if Donald Trump is coming back, that means his campaign is going to protect them. So, that wasn't as much of a concern.

[13:05:00]

But I also want you to just take a listen to some of why they said they decided to come back.

(BEGIN VIDEO CLIP)

RICHARD HEIN, BUTLER RESIDENT WHO ATTENDED FIRST RALLY: And I'm here to see Mr. Trump, Mr. Vance, Mr. Musk, happy to be here. I'm glad you're here.

JERRY BICER, ATTENDING TRUP RALLY IN BUTLER, P.A.: I'm sure there's going to be a lot more security today. I think this would be the last place they'd want to try again. So, and I'm from New York, and I figured this is going to be the only rally I would make it to, and it's probably going to be one of the biggest ones. So, I figured this is my last chance, so here I am.

SHERRY O'DONNELL, ATTENDING TRUMP RALLY IN BUTLER, P.A.: Everything's way too expensive. She's not going to do anything about it. I believe he is.

(END VIDEO CLIP)

TREENE: So, Jim, as you can see, kind of a different voices, but a lot of them saying the same thing. And again, a lot of people excited to be here. A different vibe, honestly, than when we left this venue just a couple months ago, when many of the attendees were really angered at the media, they were crying, they were emotional. People are ready to kind of turn the chapter on that and see Donald Trump today. Jim.

ACOSTA: All right, Alayna Treene, thank you very much.

In the next hour, Vice President Kamala Harris will leave Washington for North Carolina to survey the storm damage in the aftermath of Helene. She is scheduled to arrive in Charlotte this afternoon where she'll get an on the ground briefing on the state's recovery efforts. The western part of North Carolina, of course, suffered catastrophic damage when Helene swept through the region last weekend. CNN's Sunlen Serfaty joins us now over at the White House.

Sunlen, what can you tell us?

SUNLEN SERFATY, CNN WASHINGTON CORRESPONDENT: Well, Jim, the vice president certainly very eager to show her competency and in the face of a natural disaster, eager to show leadership in the moment as the southeast continues to dig out from the devastation of those storms. So she is going to Charlotte, North Carolina today where the White House tells us that she'll see the ongoing distribution of age. She'll see Speak with some people directly affected by the hurricane. She'll get an update on recovery efforts, and notably, she'll address the public and speak out about the administration's response.

Now, notably the vice president is making this trip in her capacity as the vice president, not necessarily as a presidential candidate but this close to election day, certainly it is viewed through that lens now only about 30 days to election day and certainly at a critical moment. And notably, she's traveling to a battleground state of North Carolina. She also previous in the week previously traveled to another battleground state of Georgia. So, notable that this is happening in many key states for the upcoming election. We saw former President Donald Trump, her opponent, traveled to Georgia as well, where he injected politics into his visit to the region, really blasting the administration without evidence, claiming that they're withholding aid.

So certainly Vice President Kamala Harris visit today is in essence somewhat of a of optical response to that, showing that she is on the ground, showing that they are getting aid to people affected by this disaster. And of course, showing that presidential leadership for the seat that she one day wants to hold. Jim.

ACOSTA: All right, Sunlen Serfaty, thank you very much.

Trump's weekend of campaigning started with an unlikely reconciliation for the first time since the 2020 election. Trump was meeting face to face with Georgia Governor Brian Kemp. The two have had a thorny relationship ever since Trump falsely accused Kemp's state of voter fraud. And Trump has repeatedly blasted Kemp for not doing enough to overturn the 2020 election results.

We're not doing that at all. But on Friday, the two seem to be making some amends during a briefing on Georgia's Helene damage. Joining me now is the former lieutenant governor for Georgia, Geoff Duncan. He's supporting Vice President Kamala Harris. He's also a CNN political commentator.

Geoff, good to see you as always. I mean, what did you make of Trump and Kemp back together again?

GEOFF DUNCAN, (R) FORMER GEORGIA LT. GOVERNOR: Well, I think it's important to note that you know, Brian can't really, you know, set, set the tone and tenor for those meetings yesterday. I mean, he was all business, 100 percent laser focus on the hurricane relief efforts. And really, I believe kept Donald Trump in check. When Donald Trump had his prepared remarks they were inside the rails. And then as soon as Donald Trump wanted to take on the media questions and start politicizing everything, Brian Kemp exited the stage.

I thought that sent a pretty good message where Brian Kemp's head's at.

ACOSTA: And Geoff, I mean, just to can you weigh in on how Trump has just been lying about the disaster response across the southeast? He was insisting that Kemp was not in touch with President Biden when Kemp was on camera, saying that he was talking to President Biden. And there's all of this talk of FEMA money going to migrants instead of to hurricane relief. That is not the case. Those are separate funding streams and so on.

I mean, it's been a lot. What's been your response to all of it?

DUNCAN: The lies are one of the biggest reasons why I'm a Republican, a lifelong Republican supporting Vice President Harris as a Democrat. The lies are dangerous. They're reckless. They cause harm. In this particular instance, I mean, does any of these lies actually help people get closer and quicker benefits?

[13:10:08]

No, they don't. I mean, FEMA is having to spend resources reprogramming their websites and social media to debunk some of these messages. But this is Donald Trump's game, whether it's an election, a hurricane or a criminal case, you name it, it's always lies. And to me, that's the shallowness of this human. And it's not only not right, it's simply un-American and we need to hold him accountable for it.

Look, this country does an extremely good job of dealing with disasters. Democrat, Republican, I don't care who's in the White House. We do an incredibly good job of wrapping our hands around disasters and we're doing that now. I think the biggest kind of litmus test is how do these governors, how are they reacting to the federal government's response? And they're almost verbatim saying the same thing that federal government is giving us everything we're asking for and more.

And to me, that's the ultimate gauge of where we go with this. But look, the only way we stopped Donald Trump from lying is beat him in November.

ACOSTA: Yes, I mean, there's a situation in California when Trump was president. A former Trump senior director for Resilience Policy told Politico that Trump initially refused to approve disaster aid for California after the deadly wildfires there in 2018, and that Trump changed his mind after this official showed him voting results. That indicated that that Orange County, California had a lot of Trump supporters there. I mean, you know, it's amazing how he accuses others of doing what he has done.

DUNCAN: That's the problem, right --

ACOSTA: Yes.

DUNCAN: -- that we have inside the Republican Party. That is exactly -- I mean, you cannot just be a good decision maker in your political life or in your leadership life and be a train wreck in every other part of your life. You just don't mix those two or you don't leave them siloed. Donald Trump's rotten to the core and our party is rotten to the core at this point.

And so, look, I'm doing everything I can politically, but in this time in this disaster area, the last thing we need to do is politicize any of this. I mean, there are families that are missing loved ones, there are families that don't know where their next meal is going to come from, there's families that don't know what tomorrow has in store for them. And Donald Trump is seized on the moment like he always does, to politicize it.

Look, if he wins this election, it is what it is. He wins it. I'll be disappointed. But I'll still be an American and I'll still go to work every day and try to do the best I can do.

ACOSTA: Yes, and a lot of Republicans, like yourself, are speaking out. But there are folks in the party who are still parroting Donald Trump and even going a lot further. I mean, speaking of conspiracy theories, I wanted to get your reaction to something that Georgia Congresswoman Marjorie Taylor Greene posted on social media. She was talking about the impact of Hurricane Helene. And she said on Twitter, "Yes, they can control the weather.

It's ridiculous for anyone to lie and say it can't be done." I mean, this is some Looney Tunes stuff.

DUNCAN: Well, it's, it's par for the course for Marjorie Taylor Greene. You know, her words always typically speak for themselves. And if somebody wants to believe that far right banter, go ahead. It's a lot like the folks inside the Republican Party that just feel like Donald Trump's the future. And he's the perfect person for us.

He's not, we'll have our day. It's probably going to come around November 6th or 7th when we realized Donald Trump got beat handily. And we move on as a party and try to find a new leader to stand up that can actually do something with GOP 2.0.

ACOSTA: Yes. And Geoff, I mean, I'm just trying to figure out what does she mean by that? Like, how do they do it? Are we talking about space lasers here? I don't know, but all right.

Geoff Duncan, great to see you as always. Thanks a lot. Really appreciate it.

DUNCAN: Yes, thanks a lot.

ACOSTA: All right, still ahead, our cameras capturing the rising smoke in Beirut's southern suburbs as Israel launches new strikes and another blow to Hamas as one of its military commanders is killed in a strike in northern Lebanon. We're live in the region next. You're live in the scene of Israel.

(COMMERCIAL BREAK)

[13:18:41]

ACOSTA: We're following new developments this hour in the Middle East. A top leader of Hamas' military wing was killed in a rare Israeli airstrike in northern Lebanon and Tripoli. The city hasn't been targeted by Israel since the 2006 conflict with Hezbollah. We're also seeing new airstrikes on both sides of Lebanon's border. CNN's cameras captured smoke rising from Israel's attacks on Beirut suburbs while Hezbollah launched rockets into northern Israel. And CNN's Nic Robertson is in Tel Aviv for us.

Nic, it's been very busy, obviously for you they're in Tel Aviv. What's the significance though of the killing of this Hamas leader, because that seems awfully important right now.

NIC ROBERTSON, CNN INTERNATIONAL DIPLAMATIC EDITOR: Yes, it does. I mean, we've just had today the army chief of staff talking about how important it is to keep the pressure on Hezbollah and no let up on Hezbollah. And to that point, we've just been hearing fighter jets in the skies above us here, and that's really indicative these days that there is going to be going to be combat and fighter jet activity over the skies of Lebanon pretty soon, but that strike in Tripoli coastal town right up there in the north of Lebanon targeting a Hamas leader. Now, the IDF's gone after and killed a couple of Hamas leaders inside of Lebanon before, but this striking way up north at this commander really just shows you how Israel continues to fight on multiple fronts. They continue to have strikes and target Hamas inside of Gaza.

[13:20:10]

But it very much appears not only with Hezbollah, but with Hamas that where they can, the IDF is trying to really take out, kill the significant leaders in all these different -- in all these organizations. It's a very clear way that they think that they can degrade their capabilities at the moment. So I think that strike was indicative of that, but the fighter jets we just heard, indicative that this is just going on at the moment, Jim.

ACOSTA: And Nic, we're still waiting to see if and how Israel is going to respond to Iran's attack. Do we have any sense of the timing?

ROBERTSON: We don't and that's going to be the big secret here. I mean what we are beginning to be aware of is how all of this atmosphere and the sort of tighter control by the home front command which is a thing that varies around the country depending on where you are. If you're close to Gaza, you can only have certain number of people gathering outside, a few hundred maybe. Here in the center of Israel, it's only a thousand people that are allowed to gather outside because it's just deemed too dangerous. Now that's only come into effect since the tensions really ratcheted up with both Hezbollah and with Iran, but really with Iran.

And we've just heard from the organizers of one of the big memorial commemorations here in Tel Aviv on Monday evening for October the 7th, and they're saying, look to all those of you general public who bought tickets, who signed up for tickets to come to this event, we're really sorry that we're going to have to ask you to stay away. So, you know, the tensions about when Israel might respond and when Iran might respond to that or if they would respond are really having that knock on effect. And so many thousands of people really want to come out and show their feelings about what happened on October 7th last year. So I think some, for some people, that'd be a bit of a blow, but the organizers are saying, look, this will be broadcast, be broadcast all over Israel. You'll be able to see it in your homes. And that's perhaps a safer place to be on this -- on that day.

ACOSTA: All right, Nic Robertson in Tel Aviv, thank you so much.

Let's get more analysis on today's developments. Joel Rubin is the former Deputy Assistant Secretary of State in the Obama administration. He's now president of the Washington Strategy Group.

Joel, good to see you, as always.

JOEL RUBIN, FORER DEPUTY ASSISTANT SECRETARY OF STATE UNDER OBAMA: You too, sir.

ACOSTA: Yes, I mean, what do you think? I mean, has Israel been able to really mute Hezbollah as a threat with these attacks? Have they really hampered their capabilities? What's your sense of it?

RUBIN: Yes, look, this threat from Hezbollah has been an ongoing threat for years. And I think what Israel has done over the past several weeks has really been a game changer, Jim. The Pager strikes, then the strike on Nasrallah, and reports of up to half of the missile arsenal that Hezbollah had in tow being destroyed. And I think you see the response from Iran is as the real tell on this. The Iranian foreign minister going to Lebanon in a show of support our force are trying to say, don't give up yet to Hezbollah, that implies that they understand that they are under siege, and that's why Israel is taking the push forward more aggressively.

And I do think they see a window of opportunity now towards Hezbollah that they haven't seen in years. And they're going to keep on pressing. And they should because they need to get the north of Israel back to normal re-established, and they need to get away from having this threat.

And it's also worth mentioning, I should say this, Lebanon deserves to have peace, too. And the Lebanese government deserves to have control of southern Lebanon and not have a rump militia force controlled by foreign power dominating its whole southern security situation.

ACOSTA: And Joel, as Israel weighs its response to Iran's attacks, I did want to ask you about something. Former President Donald Trump said this week that Israel should target their nuclear facilities. What happens if Israel goes down that road? I mean, I believe President Biden has said he hopes that does not happen. But what happens if that happens?

RUBIN: Well, that's reckless talk is we can expect from Donald Trump. He's the chaos agent when it comes to foreign policy. And for Israel, they need to keep their eye on the ball. They need to focus on the threats, the threat of Hezbollah, of Hamas, of Iranian missiles coming in, needing to try to prevent the resupply of Hezbollah from Iran. There are significant targets in Iran that are direct threats to Israel right now.

But Iran is not right now possessing a nuclear weapon. It is not right now on the cusp of a nuclear weapon. It does have too much fissile material. It's close if it chooses to weaponize or chooses to build that nuclear bomb. But that kind of an attack could be extremely reckless and also would miss the target, which is of protecting Israeli security directly from the immediate threats they're facing.

[13:25:08]

ACOSTA: And let's listen to what President Biden had to say about this potential for retaliation against Iran by Israel. Let's listen to this.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: Included how they're, what they're going to do in terms of a strike. If I were in their shoes, I'd be thinking about other alternatives than striking oil fields.

(END VIDEO CLIP)

ACOSTA: Yes. What'd you make of that, Joel?

RUBIN: Yes, I think the president's right. I think he -- what he's saying is alternatives. Look, the -- Israel is in a very unique position right now. Time is on their side in terms of response to Iran, the global condemnation of these unprovoked, frankly, attacks by Iran shooting into civilian areas. This has built up a bit of reservoir of support for Israel on a global stage.

And I think when they target, they need to target in a way that continues to build on that support, go after where the threats came from Iran for another day. But right now this immediate war with Hamas and with Hezbollah, that's what directly impacts Israeli security right now. And I think the president's right to counsel that type of targeting and that kind of next step for the Israeli military.

ACOSTA: All right. We'll be watching. We know you will as well. Joel Rubin, thanks as always.

RUBIN: Thanks, Jim.

ACOSTA: Really appreciate it.

The murder trials of the Menendez brothers turned heads and dominated headlines decades ago. Now, prosecutors are giving that case a fresh look in light of new evidence. You might have noticed there's a big Netflix series about this. Details about this coming up.

(COMMERCIAL BREAK)

[13:30:57] ACOSTA: It was one of the most notorious murders in American history. Now, new evidence is being examined in the case of Erik and Lyle Menendez, the brothers convicted of killing -- or shooting and killing their parents in their Beverly Hills mansion in 1989.

CNN's Camila Bernal is in Los Angeles.

Camila, a fascinating case. What are you learning?

CAMILA BERNAL, CNN NATIONAL CORRESPONDENT: Absolutely, Jim. So the attorney representing the brothers now says he's very optimistic about the district attorney reviewing evidence in this case.

So the question is not whether or not these two brothers killed their parents. They admitted to doing so, doing it in that mansion in Beverly Hills back in 1989. The question is, should they be serving a life sentence?

And their attorney does not think so, which is why he has been pushing for this sentence and this conviction to be vacated and also pushing for review who of this evidence, he says, because the evidence proves the sexual abuse allegations.

And this all especially after so much interest in this case thanks to social media, thanks to documentaries, thanks to that Netflix docu- drama. A lot of people talking about this case and also talking about the sexual abuse allegations in this case.

Because that is the central argument of the defense. They say that these two brothers killed their father because he was sexually abusing them.

So part of the new evidence that the defense team is putting forward, they say proves that sexual abuse. One of the things is a letter that they say they have written by Erik to a cousin and they say this letter details that sexual abuse before the murder.

The other thing that they're reviewing is an allegation from a member of the boyband, Menudo. And he says he, too, was sexually abused by these -- by the brothers' father, Jose Menendez.

And so that's why the district attorney now says, yes, he will review these. He has not made a decision. And remember, George Gascon is currently running for reelection here in Los Angeles. So this is in the midst of all of this.

And I do want to point out though that one of the things that both the defense and the district attorney have said essentially is that, if this case was viewed today, that sexual abuse allegation would have been seen differently -- Jim?

ACOSTA: Very interesting.

All right, Camila Bernal, thank you very much.

And joining us for perspective on this is Los Angeles County District Attorney George Gascon.

Mr. Gascon, what about this new evidence presented in the petition filed by lawyers for the Menendez brothers? How was this evidence discovered and what's your take on all of this?

GEORGE GASCON, DISTRICT ATTORNEY, LOS ANGELES COUNTY: Well, hi, Jim. First of all, thank you for having me here.

Look, we -- we have two different petitions. And I know it gets a little complicated.

But basically, as Camila indicated, one is basically asking the court -- has a habeas petition, is asking the court to take a quick look and see if there's evidence that had that evidence has been presented to the jury and the court during the trial, the outcome might have been different.

The other one is a resentencing motion, and that basically is asking to take a look at the original sentence and see whether there should be another -- a different type of sentence given, that they have rehabilitated and there's a whole list of things that they have listed.

I started looking at this case very closely several months ago. And, you know, I have increasingly became concerned that it was critical that we review the new evidence that has been presented, as well as evidenced that have been suppressed during the second trial.

This is a case of hung the first time around when the jury was given information about sexual molestation. And then the prosecution, in the second time around, suppressed much of that evidence.

That was not presented in the second case. And they were convicted and they were sent to prison with life without the possibility of parole.

ACOSTA: I mean, George, a lot to unpack there. But I mean -- I mean, obviously these murders were brought to life in this recent Netflix series and other documentaries.

[13:35:00]

But is this recent attention having some bearing on how this case is being re-examined and how you're looking at it? I mean, it sounds as though you may be predisposed to thinking that maybe this needs a second look and maybe that something needs to happen here.

GASCON: Well, you know, the petitions were filed by the defense about a year ago. We have been -- we go through a very thorough process. We have a photocopy of a letter that allegedly one of the brothers sent would cause him talking about molestation. We have the evidence that came out a couple of years ago about the Menudo band member talking about his molestation.

You know, we have done about 300 re-sentencing cases since I've been in office and only four have re-offended. And the reason that I attribute to that is we're very careful about looking at all the circumstances in the case.

The reason why we have become more public is because, after the documentary, we began to get, you know, many, many requests from media and others about where was the case?

The case is actually schedule for a hearing on November 29th, and but for the documentary, quite frankly, we would probably not be talking about this point. We may be talking later.

But that certainly has increased the impatience by the public and that's why we're being public about where we are.

ACOSTA: And, George, I mean, let's talk about the -- the aspect of this that is really coming to light once again. Although, you did say it came up in the original trial. And that is that these brothers, it's believed they we're sexually abused. They say they we're sexually abused.

And do you think it's possible that folks looking at these allegations now will say, OK, these murders happened but, you know, because of these circumstances, maybe these two brothers have served enough time and they should be able to be free and move on with their lives.

GASCON: Yes, I, mean, Jim, even if you look at the first trial, right, the first jury hung when some of that evidence was presented. So clearly, even 35 years ago, people had concerns.

But there is no question that our sensitivity to sexual assault is much more significant today. We also -- I think, it has been clearly established that both men and women can be sexually assault or boys and girls.

I think 35 years ago, cultural norms where a little different. So I do agree with you and Camila kind of raised that issue. But there's no question that a jury today would look at this case probably very differently than a jury did 35 years ago.

But even 35 years ago, when some of this evidence was presented, there was certainly doubt as to their -- whether they were guilty of first- degree murder, right?

Again, there's no question that they committed the killing. The question is, to what degree of culpability should they be held accountable to, given the totality of the circumstances.

ACOSTA: And I do want to have you listen to this comment from Mark Geragos, attorney for the Menendez brothers, and we'll talk about on the other side.

(BEGIN VIDEO CLIP)

MARK GERAGOS, ATTORNEY FOR ERIK AND KYLE MENENDEZ: They've been model prisoners. They have worked tirelessly in the face of literally no ability or expectation that they would ever get out to reform.

And now we fast forward 35 years later, we've got a much more robust and evolved understanding of abuse that, yes, abuse can occur both with females and with males. I think it's time. Their family thinks it's time.

(END VIDEO CLIP)

ACOSTA: Yes, George, what do you think about what Mr. Geragos says there?

GASCON: Well, I think Mark raises, you know, points that there is some disagreement on my end. First of all, we all know that both boys and girls, men and women can be sexually assaulted.

And I believe the issue of their efforts to rehabilitate appear to be very valid. And that's one of the things that we're checking into. Because, absolutely, they had no prospect of getting out of prison. You know, they like probably felt they would be there for the rest of her life.

So that's certainly speaks very highly to their commitment to be a different human being. Perhaps they were 35 years ago. And I think that that all plays a role in what will be my final decision.

ACOSTA: And I don't want to push you on a final decision too much right here, but to read between the lines, George, it does sound as though that you feel like this -- this needs another look.

GASCON: Well, Jim, unquestionably. And that -- that is a reason why we started to take another look, you know, months ago. But clearly, that is a reason why I'm speaking to you and others today.

Because look, we have both a moral and ethical obligation. If there was evidence that should have been presented, and if it were presented to a jury, would that have brought a different outcome? We have an obligation to take that into consideration as we move forward.

ACOSTA: All right. George Gascon, thank you very much for your time. We appreciate it. Please keep us posted on this fascinating case. Thanks for your time, George.

[13:40:05]

GASCON: I will. Thank you, Jim. Take care. Bye-bye.

ACOSTA: You, as well.

And the death toll from Hurricane Helene is still rising as more than 500,000 customers in five states are still without power. The latest on the recovery efforts underway, next.

(COMMERCIAL BREAK)

ACOSTA: A week after Hurricane Helene devastated the southeastern part of the country, recovery has become a nationwide effort.

[13:45:02] Rescue operations are ongoing in North Carolina. And officials say FEMA has over 3,000 federal responders on the ground, including the New York Fire Department.

Vice President Kamala Harris will arrive in the state later this afternoon to receive a briefing on the recovery efforts.

And as if residents in these areas don't have enough to worry about, take a look at this. Officials are concerned a storm could hit parts of the Gulf Coast region in the next several days.

Just a week after Helene, Tropical Storm Milton -- that's the name -- now Milton has just formed in the gulf and could bring life- threatening storm surges to Florida early next week -- early to mid- next week.

Joining us now to talk about the aftermath of the storm is CNN correspondent, Rafael Romo.

Rafael, I know you've been touring parts of the southeast looking at the storm damage. I can't imagine another big storm like this hitting this part of the country. It has just been unbelievable.

RAFAEL ROMO, CNN CORRESPONDENT: Yes, Jim, it would be really bad news. And tragically, the death toll keeps climbing in the southeastern states ravaged by Helene. We've now reached 225 deaths across -- across six states, Jim.

That figure increased after seven more deaths were announced today in North Carolina, where at least 113 people have died. An additional 46 people died in South Carolina and dozens more in Georgia, Florida, Tennessee and Virginia.

Helene is already the second-deadliest hurricane to strike the U.S. mainland in the past 50 years following Hurricane Katrina, which killed more than 1,800 people in 2205.

Earlier, we heard from Buncombe County officials in North Carolina, one of the hardest-hit areas in the southeast, and also where Asheville is located.

They said that more than 74,000 customers remain without power and as many people remain without running water. They're also urging the population to re-use water as much as they can, even when there are several flood and water -- I should sort of food and water distribution centers.

In a new development, officials also said they have begun the process of approval for restaurants that are ready for reopening. This is how a county official put it.

(BEGIN VIDEO CLIP)

JESSICA SILVER, ENVIRONMENTAL HEALTH PROGRAM MANGER, BUNCOMBE COUNTY: We are making visits. Start -- we started yesterday actually making visits to establishments just to make sure those that are open are open, are operating safely and have an adequate supply of water or are using a back-up water emergency plan that the state has approved.

(END VIDEO CLIP)

ROMO: Now, Jim, the Federal Emergency Management Agency announced they have deployed around 6,400 federal responders to North Carolina from several agencies.

There are also teams from across the nation there, including, as you mentioned at the beginning, the New York Fire Department.

MaryAnn E. Tierney, that FEMA official in charge of the response in North Carolina, said search-and-rescue efforts are still ongoing -- Jim?

ACOSTA: All right, Rafael Romo, there's a lot of work to be done in the southeast. Thank you so much.

And people who live across Helene's 500-mile path of destruction still have a lot of needs, a lot of basic necessities among those needs. For ways you can help, go to CNN.com/impact.

And we'll be right back.

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[13:52:34]

ACOSTA: We're just a month away from Election Day, and whoever wins will not only bring in a new administration but a new type of first spouse.

Melania Trump would be serving her second term as first lady if the former president returns to the White House. If Vice President Kamala Harris wins, Doug Emhoff will become the first man to serve in that role.

And CNN anchor, Kaitlan Collins, looks at the history of first ladies and how the next person to serve may redefine what it means to be a presidential spouse in tomorrow's episode of "THE WHOLE STORY WITH ANDERSON COOPER - Kaitlan?

KAITLAN COLLINS, CNN ANCHOR: Yes, Jim, this week on "THE WHOLE STORY," we're taking a closer look at the role of the first lady. Of course, it has always been a lady up until now. We are now facing the prospect of potentially having it be a man occupy that role in Doug Emhoff.

And so it caused us to take a deeper look at what this role actually is. I think it often gets overlooked. Understandably, people are often more focused on the West Wing than they are the East Wing, as you know, as a former White House correspondent.

But it's often a very influential role, certainly on the president of the United States. Countless leaders before have talked about how they depended on their spouse when making big decisions.

But this roll, in and of itself, it's almost one of those, damned if you do, damned if you don't. It's ill-defined. There's no job description. It's unpaid. And the person is unelected. They are basically put in that office by a result of their spouse being elected.

And so we took a deeper look at Melania's time as first lady. What that could look like if she returns to the White House.

And of course, we dug into what was happening during one of those most memorable moments, obviously, of her husband's presidency, which was January 6, 2021.

And I spoke to Kate Bennett, CNN's former White House correspondent, who has written a book on Melania Trump about what it was exactly that the former first lady was doing on that day?

(BEGIN VIDEO CLIP)

ANNOUNCER: Please welcome Stephanie Grisham.

COLLINS (voice-over): By 2024, Melania's chief-of-staff, a self- proclaimed former Trump true believer, described her breaking point with the first lady.

STEPHANIE GRISHAM, FORMER CHIEF-OF-STAFF TO THE FIRST LADY, MELANIA TRUMP: On January 6th, I asked Melania if we could at least tweet that while peaceful protests is the right of every American, there's no place for lawlessness or violence. She replied with one word, "No."

I became the first senior staffer to resign that day.

[13:55:00]

I remember that day really well because I was at the White House. Later, we would realize what she was doing was having a rug photographed, a rug that she had redesigned for the diplomatic room. That's what she did on January 6th?

COLLINS (on camera): That's not just the morning but that -- that day?

GRISHAM: Her husband was delivering the speech on the Ellipse. And as rioters were attacking the capitol, she was doing a photo shoot.

And I think, at that point, people could really understand who Melania Trump was, much more aligned with her husband's politics than people thought.

(END VIDEO CLIP)

COLLINS: Of course, I should note Melania Trump later came out in a statement in June of 2022 saying, had she known what was fully going on that day, she would have put out a statement condemning the violence. Of course, Jim, she did not actually put one out on that day.

But -- but we take a look, not just at what her last four years as first lady looked like, but also what the next four could look like, including whether or not she may even move back into the White House. Some experts on her don't think that she actually ultimately will.

We also take a look at Doug Emhoff, given he would be the first man to ever occupy that role.

What that would look like, not just in terms of, in this Smithsonian exhibit, they have all of the inaugural gowns that former first ladies wore the day of their husbands inauguration. What does it look like if it's Doug Emhoff in his tux in there?

But also what does that role looked like? How does he define it? We've seen he's had some experience as second gentleman in this position fighting anti-Semitism, certainly out there campaigning on behalf of his wife.

It's a fascinating contrast that airs inside this documentary.

ACOSTA: All right, Kaitlan Collins, thank you.

An all-new episode of "THE WHOLE STORY WITH ANDERSON COOPER," one whole hour, one whole story, airs tomorrow at 8:00 p.m. only on CNN.

And we'll be right back.

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