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Police Recover Notebook from Suspect Containing To-Do List; Police Sources Say, Fingerprints at Murder Scene Match Luigi Mangione; Today, Hegseth to Meet With Three Trump Critics on Capitol Hill. Aired 10-10:30a ET

Aired December 11, 2024 - 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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JIM ACOSTA, CNN ANCHOR: A claim of a responsibility and a to-do list. New CNN reporting about what police say they found in a notebook belonging to the suspect in the murder of the UnitedHealthcare CEO.

Plus, mysterious drones over the New Jersey skies, more than 50 reports this week alone.

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UNIDENTIFIED MALE: Went outside to prove my point. And this is over my house right now. What is that?

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ACOSTA: What is that? And the other big question, who's behind it? And later, Burrow burglarized, the latest high-profile athlete targeted. Is an international crime ring behind these break-ins?

Good morning. You are live in the CNN Newsroom. I'm Jim Acosta in Washington.

We begin this hour with breaking news, sources telling CNN that fingerprints found at the ambush killing of UnitedHealthcare's CEO match the suspect, Luigi Mangione. That's according to two law enforcement officials. Also new, a law enforcement source tells CNN that when Mangione was arrested, he was carrying a spiral notebook. The handwritten notes allegedly contained lists on how to facilitate a killing. The source says one chilling notebook entry uses about killing, quote, the CEO at his own bean counting conference.

New images, capture Mangione munching a hash brown at the McDonald's where an employee alerted police and he was taken into custody. This is the latest mugshot of the 26-year-old suspect. He is being held in a Pennsylvania prison, where he faces five charges, including second- degree murder. He is fighting extradition back to New York and is denied bail. His anger at corporate America boiled over as he arrived for the hearing.

(BEGIN VIDEO CLIP) LUIGI MANGIONE, SUSPECTED KILLER OF UNITEDHEALTHCARE CEO: It's completely out of touch and an insult to the intelligence of the American people. It's lived experience.

(END VIDEO CLIP)

ACOSTA: I want to bring in Mary Ellen O'Toole, a former FBI profiler, and CNN Legal Analyst Karen Friedman Agnifilo, a former prosecutor in the Manhattan District Attorney's Office. Ladies, good morning. Thanks so much for being here.

Karen, let me start with you. Your reaction to the fingerprints found at the murder scene apparently matching Mangione. What do you think about that?

KAREN FRIEDMAN AGNIFILO, CNN LEGAL ANALYST: Look, it's clear that the evidence is piling up against him, that he is looking more and more like they are building a case that he committed this crime. The question is going to be now, what are the charges from the prosecution standpoint? And will there be some sort of defense to this case, right, some sort of whether it's psychiatric defense, was he not responsible?

I mean, given who he was and the family that he came from, and the fact that he was this smart, very well-adjusted kid who was a valedictorian of his class, he was brilliant, he wasn't one of these loner recluses, you know, it clearly something has happened in his life to put him here. And I think that's where the evidence is going to focus to see, will they be able to prove that he was responsible for this mentally at this point?

ACOSTA: Yes. Mary Ellen O'Toole, what did you make of that outburst we saw from the suspect we just played for the viewers a few moments ago? What does that tell you?

MARY ELLEN O'TOOLE, : Well, I thought the outburst really was important to see. But here's what we don't know, and it's important to understand this. We really do need to know what his demeanor was like in the car as he drove up to the venue. Was he quiet? And was he calm? Or was he agitated at that point? Because the reason I say that is once he gets out of the car, does he immediately become angry and what provoked that? Was it the cameras or was it something else?

So, to be able to put it in some sort of a framework, we do have to understand that because it could have been as a result of the cameras pointed at him and he wanted to get attention. It could, however, have been something else. We just don't know.

ACOSTA: Yes. And, Karen, I mean, what do you make of some of these notebook entries where he muses about killing a CEO -- allegedly muses about killing a CEO at his own bean counter conference?

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I mean, this really does lend you know, some credence to this theory that has developed. It appears to be the case that he had this -- he harbored this resentment and hostility towards corporate America and the healthcare industry.

AGNIFILO: Yes. I mean, look, it's clear that is going to be what the prosecutors say was his motive and they're going to use things like those notebooks and other things to show that as evidence. So, the prosecution is building its case right now. It's putting all the pieces together. They're going to do things like look at what his intent is, what his motive is and all the evidence that proves it was him, like the fingerprints, like the gun that they found on him. And they're going to be building his case.

And so it'll be interesting -- you know, it'll be interesting to see where the opportunities are for him to defend himself, and it's looking more and more like I think he could potentially mount a psychiatric defense. You know, I think what Mary Ellen was just saying is exactly right, because the -- because, you know, was he playing to the cameras versus is he having some sort of psychiatric event happening right as we speak and I'm watching it in real time on T.V., that those are some of the things that will be come into play, I think, in this case.

ACOSTA: Yes. Mary Ellen, I mean, you were a senior profiler with the FBI. I mean, there are a couple of aspects about Mangione that are very interesting to me. First of all, the level of sophistication in some areas, such as having a 3D printed gun, presumably mapping out an escape route, but at the same time, apparently suffered from medical issues, severe back pain and that sort of thing, talked about brain fog. I'm sure you've seen some of these details. What does all of that add up to you?

O'TOOLE: Well, I think in terms of the preparation and so forth that the gun, the ghost gun that he made and in terms of what was going on in his life, almost two separate things, but both contributed to what happened last week. But I think with the preparation, he did prepare. He thought about it. He had a to-do list. He followed it. But the important thing is he never appeared to be experienced. And by that, I mean, it never seemed as though the shooter, before we knew who he was, was an experienced assassin.

So, when you're experienced, you commit the crime before, you made mistakes and you learn from them. If you're practiced, what that means is you plan for it. You read about it on the internet. You may look at some videos, but you've never done it before. So, his crime had that quality to it, which is why I think we saw as many mistakes as we did.

ACOSTA: Right. I mean, you know, there's dropping the mask at the hostel. There's the munching on the hash brown at the McDonald's. I mean, he made his presence known at this McDonald's to the extent that an employee was able to call police.

So, Mary Ellen, you know, I kind of wonder if he wanted to be caught at some point, if there's something in his psyche that wanted to get caught. What are your thoughts on that?

O'TOOLE: Yes, it's really good question. And I hear that all the time across the board with many different crimes. And the way I see this case, as I've reviewed it over the last week-and-a-half, is if he wanted to get caught, he could have walked into the police station and said, you got me. I did it. But instead, he continued to drop the crumbs along the way, including the backpack in the park and then got out of New York, took a bus and then disappeared somewhere in Pennsylvania and then shows up at McDonald's. None of that, absolutely none of that suggests that he wanted to turn himself in.

The flipside of that behavior, however, does suggest that he wanted recognition and credit for his behavior. But it also suggests something else consistent with the writings, which is that he may not have been done.

ACOSTA: And, Karen, I want to play a comment from Mangione's attorney that we heard last night here on CNN. Let's listen to that.

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THOMAS DICKEY, LUIGI MANGIONE'S DEFENSE ATTORNEY: Obviously, my client appreciates the support that he has, but I don't know, I just -- I'd have to look in, but it just doesn't sit right with me, really.

The Supreme Court says, you know, all these rich billionaires can give all kinds of money to candidates, and that's free speech. So, maybe these people are exercising their right to free speech and saying that's the way they're supporting my client.

(END VIDEO CLIP)

ACOSTA: Yes, that's Thomas Dickey there talking about, you know, some of this really strange and surreal sort of outpouring of support for Mangione online. There's online merchandise being sold and so on. I kind of wonder, you know, what do you think, Karen? When this -- you know, if and when this goes to trial, could this get complicated with a sympathetic juror potentially that might be looming out there and might say, you know what, I'm pissed at the health insurance industry too.

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AGNIFILO: Look, if I was the prosecutor in this case, I'd be very concerned about what they call jury nullification. Because, look, in a criminal case in New York, you have to prove the case beyond a reasonable doubt to 12 jurors and their verdict has to be unanimous. That's a very high burden and it's very hard to get 12 people to agree beyond a reasonable doubt on anything, right?

So, one of the things -- it only takes one juror to, quote, hang jury, to cause a mistrial, and so you'd have to do it again. And so that's going to be one of the things that if I were a prosecutor on this case, I'd be very concerned about, because there is a lot of outpouring of support and sympathy for Mr. Mangione.

ACOSTA: Yes, and some of it just downright disturbing.

All right, Karen Agnifilo, Mary Ellen O'Toole, great to see both of you, thanks so much for your time this morning. I really appreciate it. All right, just ahead, President-elect Trump's pick for defense secretary, Pete Hegseth, is back up on Capitol Hill today as he fights to sway key Republicans. There's another cabinet pick that's looming on the horizon for his trip up to Capitol Hill. We'll talk about that next.

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ACOSTA: Happening today, Donald Trump's pick for defense secretary is expected to meet with three key Republican senators who have been very critical of the president-elect in the past, including moderate Republican Susan Collins of Maine. Former Fox News Host Pete Hegseth has been meeting with lawmakers trying to sway those who have been skeptical of his nomination.

CNN Congressional Correspondent Lauren Fox joins us now from Capitol Hill. Lauren, what's the latest on these meetings and how are you seeing things shaking out for Pete Hegseth?

LAUREN FOX, CNN CONGRESSIONAL CORRESPONDENT: Yes, let me just paint the scene for you this morning on Capitol Hill, Jim. What we are seeing and waiting for right now is for Pete Hegseth to arrive on Capitol Hill. I believe he is coming in just a few minutes. He's coming right behind us, as we speak right now.

We're standing outside of Senator Susan Collins' office. I'm going to get out of the way just so you can see him arriving. But one thing to keep in mind today is just how critical it is going to be to win over a moderate like Senator Susan Collins or at least stop her from saying anything negative about their meeting today.

That is what we saw yesterday after he met with Senator Lisa Murkowski, a Republican from Alaska. She said that they just had a good meeting. Obviously, that is going to be something to keep a very close eye on.

What do you hope to -- what do you hope to talk to Senator Collins about today? What do you hope to talk to Senator Collins about today?

PETE HEGSETH, TRUMP'S DEFENSE SECRETARY PICK: This is how we're feeling today, right here, feeling great.

FOX: Do you feel confident that you're going to get to a confirmation process, get to the hearing?

So, obviously, Jim, we're just hearing very brief remarks from him. He's not giving much detail about what they're going to discuss today, but this is going to be a critical day once again for Pete Hegseth on Capitol Hill, as he is set to meet with Susan Collins and some other Republicans who have been skeptical of his nomination. Jim?

ACOSTA: Yes, Lauren. And, I mean, we just saw a brief comment there from Pete Hegseth. He opened up his suit, jacket there, I guess, to show off the in lining made out of the American flag there. But I mean, what are you hearing in terms of the pressure that is being put on some of these senators from Trump world to push these nominees through? Is that a real thing? We're hearing some reports, seeing some reports of that. Are you picking up on any of that?

FOX: Well, obviously, I look at someone like Senator Joni Ernst. She has had now two meetings and a phone call with Peg Hegseth. After their meeting last week, we know that they had a very direct, very thorough, at times tense conversation in their first meeting. And then we saw that they had a phone call and a subsequent meeting on Monday. And then she said on Friday night that she believed that Pete Hegseth should have a confirmation hearing, obviously opening the door that he should continue to go through this process.

Now, that is not her saying she is going to ultimately support Pete Hegseth, but it is a sign that Republicans are at least wanting these nominees to go through the process. That's very different than some of the tone and tenor we saw when Matt Gaetz, who was the first pick to lead the Justice Department for Donald Trump when he was going through this process. So, just a really stark distinction there over the course of the last several days. Jim?

ACOSTA: All right. Lauren Fox, thank you very much.

Let's discuss more now with Democratic Senator Jacky Rosen of Nevada. She's a member of the Armed Services and Homeland Security Committees. Senator, good to see you this morning. Thanks for being here. I really appreciate it.

Pete Hegseth is making the rounds, mainly meeting with Republican senators at this point. What is your sense of how that process is playing out? Your colleague, Senator Joni Ernst, is now signaling she won't oppose his nomination, although she hasn't, I guess, made a definitive statement all together about it, but she's saying she's had encouraging conversations with him. What are you hearing from your Republican colleagues? Are they saying quietly what they're not saying out loud? What's your sense of it?

SEN. JACKY ROSEN (D-NV): Well, thank you. First of all, thank you for having me on this morning. And they really aren't signaling too much to us. And I wouldn't want to presume what's in any of their mind. But what I surely do hope is that they expect the same thing that we've always expected, candidates that have a broad depth of experience. It is really important, particularly when you think about the Department of Defense.

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We are the most powerful military in the world. Our respect of our military, how we take care of our men and our women and their families who are deployed, how we take care of those millions of employees and manage those billions of dollars of economic impact not just to our country but around the world, not to mention national security and safety. It requires somebody who is reasonable and a broad depth of experience, a good resume.

You can look over the last 20-some years. You may not have agreed with everyone on policy, but their resumes reflected a deep level of experience. That's what I expect. I expect for them to be vetted and go through committee process so they can interview for that job like they're supposed to, and we can make our decision.

ACOSTA: And, Senator, have you decided one way or the other where you are on Pete Hegseth?

ROSEN: No, I'm not going to be voting for Pete Hegseth. Number one, the sexual allegations against him, they are so concerning. I sit on the Armed Services Committee. We have been working for years to combat sexual assault in the military, trying to legislate ways for victims to get their stories out and be sure that they get justice. And what kind of message does that send to the employees there and to our families, men and women in the military? Not to mention the allegations of financial mismanagement. There are billions of dollars that are managed for this department. I'm concerned about that and I just don't believe that Mr. Hegseth has the broadened resume required for this job.

ACOSTA: And, Senator, overnight, we learned that President-elect Trump has selected Kimberly Guilfoyle to be the U.S. ambassador to Greece. She's been engaged to his son, Donald Trump, Jr. And this comes after Trump picked his son-in-law's father to be the ambassador to France. Do these diplomatic selections concern you?

ROSEN: Well, I think we should separate our families away from our political appointments. I think that that is fair and reasonable for the American public to expect, that we have people, again, who are there, who are independent, who can do the diplomatic job that that position requires regardless of where it is around the world. And just because you're related to someone, again, doesn't mean you have the resume. You might, but I still believe that we should keep our families and our politics separate.

ACOSTA: And I do want to ask you about one other Trump cabinet pick. CNN is reporting RFK Jr. is going to be up on Capitol Hill next week meeting with senators. What is going to happen to public health in this country if he is confirmed to lead HHS, Health and Human Services?

ROSEN: Well, again, I don't believe he's a serious candidate, and I'm going to give you just the first example. Does anybody remember seeing a case of polio? I don't think so. Because since the 1960s, we've had polio vaccines in this country, and you haven't seen anyone. Have you seen smallpox? Have you seen, even since I was a kid, measles, mumps, rubella, all of those things? Those have kept our nation safe, the vaccines. And it's kept us safe around the world in many places.

And so you think about RFK Jr., and he's such an anti-vaxxer, that's going to put us at great risk, I believe, particularly our children, who may suffer from the lifelong consequences of these terrible diseases. And so he'll be up here on Capitol Hill, but, again, I don't think he is a serious candidate.

And I do want to ask you about the killing of the UnitedHealthcare CEO. Police say they found a homemade pistol and silencer in the alleged killer's backpack, a so-called ghost gun. Unfortunately, Nevada knows all too well the devastation caused by gun violence in this country. It had the deadliest mass shooting in U.S. history back in 2017.

I know you've been working on this issue, had lots of discussions about gun safety laws in this country. What does this case tell you that you have apparently a 3D printed gun in the possession of the suspect?

ROSEN: Well, first of all, with any violence, it is never the answer. Our thoughts and prayers go out to the victims of this violent behavior. And we can have policy differences. You can be upset with things, but we use legislation, we use our court system. You can be an activist. You don't resort to violence. You certainly don't murder someone.

And you're absolutely right, whether it's bump stocks, or ghost guns, or high capacity magazines, we have things that we can do to help keep our communities safe from violence. As you noted, we have suffered so much.

We've had a lot of gun violence since 1 October, and we continue to suffer those repercussions from the people, not just the families who were wounded or murdered that had victims in their family, but our workforce, all of those people who responded. There were more than 20,000 people at that concert that night, hotel employees that had to respond.

We've been traumatized and we need to do something and people want us to do again what's reasonable. We're not going to take away anyone's gun. We just want to do what's reasonable.

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Ghost guns are a problem. We should address them.

ACOSTA: All right. Senator Jacky Rosen, thanks so much for your time. We appreciate it.

ROSEN: I appreciate you. Thank you.

ACOSTA: All right. Still to come, how major companies are scrambling to protect their own executives as the killing of UnitedHealthcare's CEO sparks a wave of threats and panic. That's next.

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ACOSTA: Back to breaking news on the man accused of murdering UnitedHealthcare CEO Brian Thompson. Sources are now telling CNN fingerprints from the crime scene are matched to those collected during the arrest of Luigi Mangione.

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This is the first forensic link between the suspect and the murder, we're told, but it could be weeks before Mangione is in New York to face charges as he fights extradition.