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Longer Fall Allergy Season; Fact-Checking Trump's False Claims on Immigrants; Efforts Continue to Save Texas Death Row Inmate. Aired 11:30a-12p ET

Aired October 23, 2024 - 11:30   ET

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

[11:30:00]

JIM ACOSTA, CNN HOST: Texas death row inmate Robert Roberson is in limbo this morning after he was a no-show at Monday's hearing on the lawfulness of his conviction.

Roberson was scheduled to testify before a group of bipartisan lawmakers after an 11th-hour subpoena saved him from execution last week. The House committee did hear from another prominent witness though. TV host Dr. Phil is one of many advocates calling for Roberson to get a retrial.

(BEGIN VIDEO CLIP)

DR. PHIL MCGRAW, HOST, "DR. PHIL": I am 100 percent convinced that we're facing a miscarriage of justice here.

(END VIDEO CLIP)

ACOSTA: Roberson was convicted of killing his 2-year-old daughter more than 20 years ago, but his lawyers say the shaken baby syndrome diagnosis at the time was wrong and that new evidence proves it.

Roberson's attorney, Gretchen Sween, joins us now.

And, Gretchen, let's jump into this. There's this legal battle over how your client will testify before the House committee. Why is it so important that it be done in person and not virtually?

GRETCHEN SWEEN, ATTORNEY FOR ROBERT ROBERSON: Thank you for having me and to clarify this important point.

ACOSTA: Yes.

SWEEN: Because I think the suggestion that Robert was a no-show makes it sound like there was some change of heart. And there definitely wasn't.

The problem was that the understanding I had when I accepted this subpoena on his behalf was that he would be physically present at the Capitol. And, indeed, the next day, I was -- had communications with the directors of the prison system who had no problem with this and were even discussing with me ways to make Robert feel comfortable, getting him street clothes he could wear. But I learned Saturday night through media that apparently he was going to come via Zoom, which would have been completely unworkable because of multiple factors, the most prominent which is that he has severe autism, which affects his ability to communicate.

He has a speech impairment. And he has no experience with Zoom from his years of being in solitary confinement on death row.

ACOSTA: Right.

SWEEN: So I objected to this, but it wasn't to him testifying. It was to this switch to an alternative method that really wasn't going to work and accomplish the mission of assessing his credibility and his demeanor in person.

ACOSTA: And this case is far from over, Texas law requiring an execution be set in at least 90 days in advance. Walk us through that.

It doesn't sound like he's out of the woods in terms of facing execution.

SWEEN: That's absolutely right.

So my anxiety has lowered somewhat.

ACOSTA: Yes.

SWEEN: He's still alive. We're still able to fight to be heard in court.

But at any moment after this temporary restraining order expires, which I believe is at the end of this month, the local district attorney could go seek a new execution date. And then, as you have noted, the law requires we get at least 91 days' notice. But there's no other barrier.

It's up to that local district attorney. And she could do that. We genuinely hope that all of the attention brought to the multitude of concerning facts here and all the evidence that has never been considered by any court might cause a pause button to be pressed at that local level.

But I don't know. I have not heard anything on that front.

ACOSTA: And the governor of Texas, Greg Abbott, is apparently is arguing that the House committee subpoena that delayed Robert's execution violated the state separation of powers clause. Is that correct?

What's your response to that? It sounds as though the governor wants to see this execution go forward.

SWEEN: I will note two things.

One is, the separation of powers argument was presented to the Texas Supreme Court, a court that consists of nine elected Republicans. The unanimous vote was 9-0 that this was a valid subpoena and that the temporary restraining order that allowed it to go into effect was also a valid exercise of the trial court's judge, and that there are questions of separation of power that need to be reasonably briefed and adjudicated.

So there's this -- there's a big picture issue, but there really wasn't any debate about the legitimacy of what these lawmakers did. It just had the effect of staying an execution, because their witness would have been unavailable permanently had the execution gone forward.

[11:35:00]

There is no affirmative law I know of that says only a governor can stop an execution. In fact, courts can do that. And we had to get a say from multiple courts. It's just we had not prevailed. He did have this power, Governor Abbott, that is unique to him to grant a 30-day reprieve. That's a separate way to stop an execution.

ACOSTA: Right.

SWEEN: But he didn't exercise it, and he doesn't lose that power because of what the lawmakers did. He chose not to exercise it. And now it would be moot until, again, there's an execution date, when he would again have that authority.

ACOSTA: Right. Interesting.

All right, well, Gretchen Sween, please keep us posted on the progress or the developments in this case. We will continue to follow it. Thank you so much for your time. We appreciate it.

SWEEN: Thank you for the invitation. Take care.

ACOSTA: All right. All right, you as well.

And with less than two weeks to go until Election Day, Donald Trump is doubling down on debunked border claims and accusing the Biden administration of letting in thousands of murderers. We will fact- check that after the break.

(COMMERCIAL BREAK)

[11:40:47]

ACOSTA: All right, November 5 is right around the corner and the candidates are making their final pitches. Trump -- Donald Trump has been courting Latino voters this week, the former president repeating a slew of false claims that he's been making of late, like accusing the Biden and Harris administration of letting thousands of murderers into the country.

Take a listen.

(BEGIN VIDEO CLIP) DONALD TRUMP, FORMER PRESIDENT OF THE UNITED STATES (R) AND CURRENT U.S. PRESIDENTIAL CANDIDATE: So the Border Patrol, because they have had it, they have never done this before, they released a list of criminals in our country.

We have 13,099 exactly, 13 -- during their term, they tried to sell as over 40 years. No, this is during their 3.5 year that they have been there, 13,099 murderers, these are murderers.

And under Kamala Harris, 13,099 illegal alien convicted murders are roaming free in the United States.

(END VIDEO CLIP)

ACOSTA: All right, joining me now with the facts, we bring back CNN's Daniel Dale.

Daniel, let's start with what we just heard there. What do the facts say?

DANIEL DALE, CNN SENIOR REPORTER: The facts say there were at least three separate false claims just in those short remarks.

So it's not true that this data has never been released before. It's been released repeatedly over the years. More significantly, Jim, it is not true that all of the people on this so-called ICE non-detained list are roaming free in the country.

Many of the people with convictions on that list are currently incarcerated in state and federal prison serving their criminal sentences for those crimes like homicide. They're considered non- detained by ICE in particular because they're not currently in the custody of immigration authorities.

And then, third, Trump keeps insisting that all of these people, 13,000-plus people with homicide convictions, came into the country under the Biden/Harris administration. That is just not true. This list is of people who entered the country over the course of decades, numerous administrations, including the Trump administration. The list grew under Trump.

He says they say it's over 40 years. Well, who is they? The Department of Homeland Security issued a statement debunking such claims from Trump and others. They said -- quote -- "The data in this letter," this letter from ICE, "is being misinterpreted. The data goes back decades. It includes individuals who entered the country over the past 40 years or more."

They went on to say: "It also includes many who are under the jurisdiction or currently incarcerated by federal, state, or local law enforcement partners."

So Trump has made clear he's aware of these fact-checks. He's just flatly dismissing them, but there's no basis for that.

ACOSTA: Right. And he says it over and over again, and I know, Daniel, you have fact-checked it over and over again, and we will just keep doing it over and over again as long as he keeps saying it.

DALE: Let's keep doing it, yes.

ACOSTA: I want to play another one of the false claims that we have heard Trump push before. This one, I have taken an interest in because I have heard him repeat this several times. It's about the Congo. Let's listen to this.

(BEGIN VIDEO CLIP)

TRUMP: There are many people now coming from the Congo in Africa. It's not just -- you think about South America. They're emptying out their jails in the Congo, and they're delivering them to the border, and they're saying, congratulations. Here's America.

(END VIDEO CLIP)

ACOSTA: Daniel, what do the facts tell us on this?

DALE: The facts tell us that this seems to be imaginary. This story has grown bigger and bigger over time.

So former President Trump used to say some bad people are arriving at the border from the Congo. Can't really fact-check that. Then he said that the Congo is deliberately emptying its prisons to somehow send people to the border as migrants. Now we have the Congo supposedly driving, taking these people to the border.

There is no evidence for any of that. So I reached out to the Trump campaign repeatedly. They have never been able to provide even a shred of corroboration for this claim that the Congo is emptying prisons for migration purposes.

I have reached out to experts on both the Democratic Republic of Congo and the smaller neighboring country called the Republic of Congo to ask them if they have seen any evidence. They say they have seen absolutely none. And I managed to get comment from both countries.

So, a spokesperson for the Democratic Republic of Congo said -- quote -- "Everything he is saying isn't true."

I also spoke to the ambassador for the Republic of Congo, who said there is no truth or any sign, nor a single fact supporting such a claim or statement.

So, again, you might say, well, of course, they defend their own countries, but the Trump campaign itself cannot corroborate this.

ACOSTA: Yes, I mean, Daniel, I think this would be big news if the Congo was doing this. I think we would have picked up on it by now. CNN has a big presence in Africa, and we would have reported on it.

But it's just not happening. And so he's just making it up out of thin air.

[11:45:01] DALE: Yes. Yes, by all indications, that's right, Jim.

ACOSTA: All right, Daniel Dale, thank you so much. We appreciate it.

Now to another example of how the Kremlin could be meddling with the political content we see here in the United States. Intelligence experts say Russia is behind a fake video smearing Democratic vice presidential candidate Tim Walz.

Some posts circulating the fake content on X got hundreds of views, and then right-wing personalities amplified them. The manipulated video echoes the bizarre and false Pizzagate conspiracy that smeared Democrats in 2016. Officials say the content contains several -- quote -- "indicators of manipulation consistent with Russian disinformation."

All right, now, it can't be just me. If you're feeling like your allergies have been in overdrive over the past few weeks, guess what? There's a scientific reason why. We're going to shift gears, talk to Dr. Sanjay Gupta, something we can all relate to.

He joins us to explain next.

Hey, Sanjay.

(COMMERCIAL BREAK)

[11:50:22]

ACOSTA: As the weather cools down, you might be noticing that your seasonal allergies are acting up. We asked you to send your questions in about treating fall allergies so you can enjoy the change of seasons, instead of suffering through it.

Dr. Sanjay Gupta is on call to answer your questions.

Sanjay, I have been battling this. I battle it every year. And you could just look at my medicine cabinet, but maybe you shouldn't. But let's jump right into these questions.

Mandy from Atlanta wants to know, what is the best over-the-counter option for treating allergies like this? Your thoughts on fall allergies and what you can use to treat them?

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Yes.

And just a quick note, Jim, as we talked about yesterday, this season is worse.

ACOSTA: Yes.

GUPTA: So, no surprise that you're having more symptoms perhaps than normal, as are a lot of people.

Look, there's a lot of over-the-counter options nowadays to treat these medications... ACOSTA: Yes.

GUPTA: To treat allergies. Histamine is what causes the symptoms. So you're looking for something that is an antihistamine. Kind of makes sense.

In the past, you had antihistamines would often be quite sedating, things like Benadryl. These medications now are much better at being non-drowsy. They don't cross the blood-brain barrier as well.

Couple quick points. Typically, you release the most histamine between 4:00 and 6:00 in the morning. It's what helps wake you up. That's why taking these medications the night before is probably a good idea. And you can really take them, Jim, throughout the season. I mean, when it comes to these medications, there's no problem in taking them regularly.

There are some people who develop a lot of stuffiness, a lot of congestion. And in that case, there's the decongestant version of these as well. Those are ones that you should really only take kind of as needed. They have different side effects, including interfering with your sleep.

They almost have like a caffeine-like side effect. So, when it comes to decongestant sprays, which are quite popular as well, they can be very effective. Don't take them for more than three days in a row. Again, it's because of these side effects, but lots of options out there. You just got to stay on top of it, not waiting for symptoms to appear.

ACOSTA: And, Sanjay, Kim from Indiana says that when she exercises outdoors during the fall she feels stuffy and congested, even with an allergy pill. She wants to know, how can I enjoy the outdoors while not suffering for the rest of the day?

I mean, that's a tough one, because, I mean, I get out there. I like to run, allergies be damned. I'm going to do it anyway.

GUPTA: Yes.

ACOSTA: But what can you tell her?

GUPTA: Well, first of all, we haven't had a first frost in many parts of the country yet. So, in a way, Kim, stay hopeful here. And once you get that first frost, I think it's going to really cut down on these allergies for you as well, Jim.

A couple points. One is that, when it comes to exercising outdoors, really, midday, early afternoon is going to be the worst time. So if you can avoid that time of day in particular, that's going to be helpful.

Again, stay on the medications throughout the allergy season. People take them sometimes just sporadically. It can be a little delayed then in terms of you actually getting relief from those medications once you're exercising. And finally, Jim, something you may have noticed, since you're a

runner, is that you probably start off with the most symptoms. But as you actually get into your run, the symptoms seem to go down. That's because your body is starting to make an epinephrine and adrenaline, which can actually quell some of those allergy symptoms.

ACOSTA: Interesting.

GUPTA: So, if you stick with it, exercise is obviously good. Being outdoors is good stick. With it. The symptoms should improve over the course of your run.

ACOSTA: Sticking with it, that is the key.

GUPTA: That's the key.

ACOSTA: And, I mean, I don't know if I -- what I would call a run is a run. But I do -- I do the best that I can.

GUPTA: You look good, Jim.

ACOSTA: Yes.

GUPTA: You're look like...

(CROSSTALK)

(LAUGHTER)

ACOSTA: Not as good as you.

And I remember, Sanjay, a long time ago, you telling me, it's about your diet too. That is also very, very important.

GUPTA: I think 90 percent of it is diet, 90 percent.

ACOSTA: Yes, 90 percent.

Sanjay Gupta, as always, great stuff. Thank you so much.

Don't forget to submit your questions. You can use the Q.R. code on your screen right there next to Dr. Sanjay Gupta's very handsome face. He's looking good too.

All right, finally, this hour, it was take your son to work today in the NBA last night, as LeBron James and his son Bronny made basketball history. If you haven't seen this, you got to take a look. They're now the first father-son duo -- look at that right there -- to play together in a regular season NBA game.

The Lakers hosted the Minnesota Timberwolves to open their season; 39- year-old LeBron was in the starting lineup, as expected; 20-year-old Bronny made his debut in the second quarter. The Lakers won, by the way. And the James family was joined by some Major League royalty. Hall of Famer Ken Griffey Jr. was there with his dad, Reds legend Ken Sr. They were the first father and son to play in Major League Baseball.

That was all the way back in 1990. But look at the father and son right there. Just try to find a dad out there in America right now who would who would say, yes, who -- I don't want to be in that same place. I would love to be in that same place.

[11:55:09]

Just an amazing moment there in sports history. Great to see it.

All right, thank you so much for joining me this morning. I'm Jim Acosta.

"INSIDE POLITICS WITH DANA BASH" starts after a short break. She's going to dunk it in just a few moments. Stay with us.