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CNN This Morning

Police: Philadelphia Shooting Suspect Fired Randomly; Judge Limits Biden Administration's Contact with Social Media Sites; Pence Tries to Set Himself Apart from Trump in White House Bid; Rockets Fired from Gaza as Israel Pulls out of Jenin in West Bank. Aired 6- 6:30a ET

Aired July 05, 2023 - 06:00   ET

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

BRITLEY RITZ, CNN METEOROLOGIST: Temperatures about 5 degrees above normal, especially across the Southwest and the Northwest, where excessive heat warnings and heat advisories are in effect.

[06:00:09]

So another thing to just remember is to stay hydrated as we're going out and about. If you took that extra-long holiday, water is the best bet in between the beverage of choice as temperatures are well up into the 90s. And if not into the 90s, into the triple digits.

RAHEL SOLOMON, CNN ANCHOR/BUSINESS CORRESPONDENT: Oh, boy. Britley, thank you. Pack your water; pack your portable air fan.

And that is us -- that is it for us. I'm Rahel Solomon. CNN THIS MORNING starts right now.

POPPY HARLOW, CNN ANCHOR: Good morning, everyone. Hope you had a healthy, happy, safe Fourth of July. Did you have a good one?

PHIL MATTINGLY, CNN ANCHOR/CHIEF WHITE HOUSE CORRESPONDENT: I did. Welcome back.

HARLOW: Good. Thanks.

MATTINGLY: Good to see you.

HARLOW: It's good to be here. Two full days of kids and swimming, and I'm back.

MATTINGLY: So you're ready to work.

HARLOW: Ready to work. We have a lot to get to. Let's get started with "Five Things to Know" for this Wednesday, July 5.

The suspect behind Monday's mass shooting that left five people dead in Philadelphia will be arraigned today, facing multiple counts of murder among other charges.

MATTINGLY: And also this morning, a federal judge blocked more than a dozen Biden agencies and officials from communicating with social media companies. What's behind that decision and why Republicans are cheering.

HARLOW: Also the Secret Service is investigating this after suspected cocaine was found at the White House. What we're learning about the powder found in the West Wing.

MATTINGLY: And Treasury Secretary Janet Yellen leaves today for China. It's part of an ongoing mission to smooth tensions between the two super powers. This marks the second trip to Beijing for a Biden official in just the last month.

HARLOW: Also, Elon Musk has a new battle to wage. Rival billionaire Mark Zuckerberg teases Threads, his answer to those fed up with Twitter.

CNN THIS MORNING begins right now.

This is where we begin, though, today. The suspected mass shooter accused of going on a rampage through the streets of Philadelphia will make their first court appearance this morning.

Police say the suspect was wearing body armor and a ski mask, firing randomly at cars and people walking in the neighborhood with an assault-style rifle.

Again, this happened on Monday night. Philadelphia's district attorney says the suspect will be arraigned today on multiple counts of murder and other serious charges for killing five people and wounding others, including two children, one of them a toddler, who was shot four times in the legs.

Police initially identified the shooter as a 40-year-old man. Now they say the suspect is nonbinary.

Brynn Gingras has all the reporting and the details that we've learned this morning. She joins us now. So anymore updates, also, on the victims, those shot but not killed?

BRYNN GINGRAS, CNN CORRESPONDENT: Yes, I mean, this has -- this has devastated the entire community, Poppy, as you can imagine.

Let's go first to that 40-year-old suspect. That person, that suspect will be arraigned in court later today. We're still working out the timing now that the courts will open. We'll continue to follow that.

But suspected on charges of murder, aggravated assault, some weapons charges. That's because authorities say this suspect just fired indiscriminately Monday night through several blocks of Philadelphia with an AR-15, wearing a bulletproof vest, also wearing a ski mask, and carrying a scanner.

We know that five people were killed, the youngest of the victims, a 15-year-old. Our affiliate also saying a 20-year-old was killed. Their mother saying they were just going to a local store to pick up a candy bar. Just devastating for this community.

I want you to hear from officials there about what they're saying about this incident and the guns that are on the streets of Philadelphia.

(BEGIN VIDEO CLIP)

MAYOR JIM KENNEY (D), PHILADELPHIA: I am frustrated and outraged that mass shootings like this continue to happen in communities across the United States. This country needs to reexamine its conscience and find out how to get guns out of dangerous people's hands. We are begging Congress to protect lives and do something about America's gun problem.

LARRY KRASNER, PHILADELPHIA DISTRICT ATTORNEY: It is disgusting, the lack of proper gun legislation that we have in the commonwealth of Pennsylvania. Some of that legislation might have made a difference here.

(END VIDEO CLIP)

GINGRAS: Fifty shell casings were found in the streets following this shooting, Phil.

MATTINGLY: And Brynn, I think the big question, along with what's happening on the legal side of things, is the two young boys that were shot, including the young child that was shot four times in the legs. Do we have any updates on their condition right now?

GINGRAS: Yes, the good news is, Phil, is that they are going to be OK. These two children that you're talking about, Phil, these are two -- sets of twins, 2-year-olds. One of them was shot several times in the legs. The other had injuries from a window shattering.

But also, a 13-year-old was shot several times, as well. But they are going to be OK -- Poppy and Phil.

HARLOW: Thank goodness. So tragic. Brynn, thank you. Appreciate it.

Ahead in our 8 a.m. Eastern hour, we're going to be joined at the top of the hour by the Philadelphia district attorney. You just heard from him there, Larry Krasner, will be on the program ahead of the suspect's arraignment.

MATTINGLY: Also overnight, another mass shooting, this one in the nation's capital. Metro Police say at least nine people were shot and injured, including a 9-year-old and a teenager, while celebrating the Fourth of July. All nine suffered nonlife-threatening injuries. Police say they're looking for a dark-colored SUV seen on Meade Street.

(BEGIN VIDEO CLIP)

[06:05:10]

ASSISTANT CHIEF LESLIE PARSONS, D.C. METRO POLICE: As it drove through the street, it stopped, and it fired shots in the direction of some of our residents that were outside just celebrating the Fourth of July. It appears that the shooting was targeted.

(END VIDEO CLIP) MATTINGLY: That shooting follows two other holiday mass shootings: one in Baltimore that killed two people, and another in Ft. Worth, Texas, that killed three. The suspects in both of those cases are still at large.

HARLOW: Also this: a federal judge is now blocking the Biden administration from asking social media companies to take down certain content.

This is a big deal. And this could be a huge blow to the White House's fight against misinformation about COVID vaccines, elections, and many other critical issues. It's a big win for the Republican attorneys general who sued and accused the federal government of censorship.

MATTINGLY: Now, in his ruling the Trump-appointed judge writes, quote, "During the COVID-19 pandemic, the United States government seems to have assumed a role similar to an Orwellian 'Ministry of Truth'." Really subtle there.

Let's bring in CNN business and politics correspondent Vanessa Yurkevich; CNN senior legal analyst Elie Honig; CNN political commentator and political anchor for Spectrum News, Errol Louis.

Vanessa, I want to start with you. This was stunning yesterday. I've been talking to Biden administration officials. They were very surprised, particularly by the scale of the ruling and what it actually means. What more do we know?

VANESSA YURKEVICH, CNN BUSINESS AND POLITICS CORRESPONDENT: It essentially is banning key government agencies, including the Department of Health and Human Services, the FBI, the Justice Department, the CDC, and about 12 key administration officials, including the White House press secretary and the U.S. surgeon general from communicating with social media companies, which include Facebook, YouTube, TikTok, Google, Instagram over concerns that this judge has about the communications that they've had related to the pandemic.

Now, this goes back to a 2021 lawsuit that was filed by two state attorneys generals [SIC] from Missouri and from Louisiana, who say that the Biden administration overstepped in their communication to these social media companies, specifically around key issues like election integrity, vaccine misinformation, and security of voting by mail.

Now, this judge is essentially saying that there is enough evidence to say that there is concern about the communications.

The White House, on the other hand, saying that they believe that they acted in the best interests of the country. They believe that it is the responsibility of these social media companies to police their own content online, but ultimately, the social media companies need to make their own independent decisions about that content.

Now, Judge Doughty, he is a Trump appointee. He has yet to rule on this case, but this basically is a big win for these states that are suing the Biden administration over what they consider violations of First Amendment rights, and in the communications that they had with these big social media companies, who have a lot of power; and essentially raising concerns about what those communications looked like.

HARLOW: I think it's really so interesting on so many aspects. We're going to bring Sara Fischer into the conversation on the tech side, because we haven't heard from the big tech companies responding yet, from Google or YouTube or Twitter, et cetera.

But just on the law, yes, this is a Trump-appointed judge, but the judge was confirmed 98-0 by the Senate. Just reading the words in this injunction, a, quote, "massive effort by the defendants to suppress speech based on content" -- those are the judge's words, calling the present case, quote, "arguably involves the most massive attack against free speech in the United States' history" -- Elie.

ELIE HONIG, CNN SENIOR LEGAL ANALYST: Yes, it's a dramatic decision by this judge, if you read through it. He's citing to literature and George Washington, and Ben Franklin.

Here's what really is astonishing to me. This is a conservative ideology that clearly comes through in this decision. It's a conservative political ideology. Right? We saw some of the quotes questioning vaccines, questioning masks; conservative talking points.

But the ruling itself is the opposite of judicial conservativism. This is one of the most aggressive, far-reaching rulings you'll ever see. What this judge is purporting to do is to micro-manage, really, the day-to-day interactions between, essentially, the entire executive branch, all these agencies that are listed as defendants, and the leading social media companies.

And in the actual temporary injunction, the judge basically says, You're not allowed, administration, to talk to the social media companies about any protected free speech except for cybersecurity threats, national security threats, criminal threats.

But where's the line? Who's going to police this? This is a judge trying to micro-manage the day-to-day regular activities of the entire executive branch. I don't know that it's actually policeable by the judge.

But it's really an astonishing -- I don't mean this necessarily as a criticism. This is a very activist judicial opinion.

[06:10:03]

MATTINGLY: Sarah, you know, I think Elie gets to the point that I've been trying to figure out throughout the course of the last 24 hours. You were texting about this yesterday, in terms of how significant it is.

If you look behind the scenes, communication between the federal government and tech companies is something that has long existed. You can go back to the Stone (ph) leaks, and a lot of people learned a lot during that.

SARA FISCHER, CNN SENIOR MEDIA ANALYST: Yes.

MATTINGLY: Obviously, during some of the portions of this lawsuit, you saw how the Biden administration was dealing with it. Also the Trump administration beforehand.

And I think that's the question. When you talk to tech execs, that line that Errol was pointing out, how do you define cybersecurity, national security, the interactions that the federal government on the law enforcement side has with these companies; very, very close-knit relationships, which have also been criticized at points by both parties. What do they do here?

FISCHER: They're incredibly frustrated, Phil.

I remember talking to some executives many months ago when the new Congress came in, and they pledged to have hearings to probe this level of coordination. And they feel as though this is just a political attack. There's no real proof to suggest that the government is sort of illegally trying to get in there and manipulate the content that people are seeing on their platforms.

They're frustrated, because after 2016 and there was, you know, allegations of election meddling with Russia, et cetera, there was a lot of pressure on them to coordinate more with the government. And now they're saying, OK, you want us to coordinate less?

But in terms of defining that line, there are few key issues where we know that constant communication between the federal government and these tech platforms is very helpful. Instances (ph) like child pornography, terrorism, those are the types of things that we universally understand that that coordination can be very helpful.

I think where we're trying to run into a new sort of test limit here is when it comes to things like policing conversations around vaccines. Those are things that, you know, the government would suggest or argue are a public safety initiative, something that we need to have controlled conversation over in order to ensure that the public is healthy.

But of course, there's the political argument that maybe not be -- isn't the case and that they shouldn't intervene in those types of conversations. I think that's where this can start to get political.

But if you're asking my opinion, I think this whole thing is kind of a racket. You know, it suggests to me that there is a far more serious allegation of government intervention here than there actually is proof of one existing.

HARLOW: Well, an appeal is all but a certainty, but as Elie was reminding me, it's going to go to the Fifth Circuit. And then maybe to the Supreme Court and maybe expedited through -- through their shadow (ph) docket.

What's interesting to me, Errol, another interesting thing to me. It's all fascinating to me. This is a different approach. Instead of going after the tech companies, like we often see when those CEOs are on Capitol Hill, lawmakers -- often Republican lawmakers go after them, accuse them of censorship, this doesn't go after the tech companies. This goes around them and to the federal government's approach here.

ERROL LOUIS, CNN POLITICAL COMMENTATOR: Yes, it's an interesting strategy. The tech companies have a lot to answer for.

You know, as I was reading through the opinion, I was reminded of the case in 2017, I think it was. Twelve-year-old girl livestreams her own suicide. Right? And it took Facebook two weeks before they even took it down.

If the federal government can't pick up the phone and call those companies and say, What the hell is going on here, or take this content down, we're all in a lot of trouble.

And so the case itself, I think it's clearly grandstanding. Not only do the facts not support this deep state conspiracy theory, but you know, to release it on July 4th and to, you know, sort of load in all of the flowery language and sort of, you know, quote literature, the judge wants to be on the national stage. Congratulations, you're there.

But -- but when it comes to -- to actually talking to the companies, our government has done far too little. We have almost no regulation of these companies. And that is why and where the government, I think, does need to step up.

HARLOW: Final thought?

MATTINGLY: I think on the other side of what Errol is saying, I think what always strikes me is, if it's an administration that you don't think is responsible or that you don't think has the best interests of the entire country in mind, and they're having those communications, would you feel the same way?

And I think this is the balance. We go back and forth on this to some degree.

Real quick, you made a point about the Fifth Circuit, Supreme Court.

HARLOW: Yes.

MATTINGLY: Why?

HARLOW: Well, just because it's more -- it's viewed as maybe more likely to uphold this judge's ruling.

HONIG: The appeal in this case will go to the Fifth Circuit, which would cover the federal district of Louisiana known as -- of the 13 federal circuits we have, the Fifth Circuit is known as the most conservative.

But like I said, there's nothing judicially conservative about this ruling. So interesting -- it will be interesting to see where they come out.

HARLOW: OK. Thank you, guys.

MATTINGLY: Thanks, guys.

HARLOW: Stick around.

MATTINGLY: Former Vice President Mike Pence, he spent the Fourth of July trying to declare independence, sort of, from his former boss, Donald Trump.

Pence marching in a parade in Urbandale, Iowa. You can see him right there. Now drawing some distinctions between his thinking and some of the other Republican presidential hopefuls.

But it appears to be a delicate dance, to say the least, separating his actions from those of the former president and current Republican frontrunner.

CNN's Kristen Holmes is live for us now in Washington.

[06:15:02]

And Kristen, it's been a kind of a delicate dance, to steal from our great writers to some degree, that we've been watching play out since the vice president started exploring a campaign. Now he's launched a campaign; he's fully into the campaign.

That distinction, is it actually possible to draw at this early stage?

KRISTEN HOLMES, CNN NATIONAL CORRESPONDENT: Phil, it's unclear whether or not he can do that. Look, this is always the tight rope that he was going to have to walk. Can he make himself different enough from the former president, can he separate himself enough from former President Trump, while still taking credit for the popular policies of the Trump/Pence administration? That's why you often hear Pence refer to the, quote, "Trump/Pence administration."

Now, I've talked to a number of Pence advisers and allies who say Iowa is really the most important state for the former vice president. And he outlined that yesterday in his strategy when he was talking. Take a listen.

(BEGIN VIDEO CLIP)

MIKE PENCE (R), FORMER VICE PRESIDENT OF THE UNITED STATES: I can't account for what other campaigns decided. But for me, it was vitally important to be here where the journey to the White House always begins.

(END VIDEO CLIP)

HOLMES: The question is, of course, whether or not he can pick up evangelical voters there. Are there enough evangelical voters in Iowa who are looking for an alternative to President Trump, or former President Trump? And again, drawing the differentiation between himself, Trump who was

not on the campaign trail yesterday, as well as DeSantis and Tim Scott, who were in New Hampshire.

But I do want to note one thing here. Even yesterday, even on a day in which Pence was in Iowa talking to these voters that they believe are his core constituents, the core people who would get him elected, if he was going to be elected to be the GOP nominee, he couldn't get himself away from Donald Trump. Donald Trump still takes up so much oxygen.

He was asked repeatedly about his calls to former Arizona Governor Doug Ducey. So it just shows you, even though this race is in full form here, this primary is in full effect, Donald Trump is still taking up so much of the oxygen.

MATTINGLY: That's a really great point. Kristen Holmes, great reporting, as always. Thanks.

HOLMES: New overnight: Israel striking Gaza in response to those rocket attacks. We'll take you live to Jerusalem as violence and tension continue to escalate.

Also this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Get out!

UNIDENTIFIED MALE: Get out!

UNIDENTIFIED FEMALE: Get out of the water! Get out!

(END VIDEO CLIP)

MATTINGLY: That was not a dolphin. That was a shark going for a swim in a crowded Florida beach. Bad idea. We'll take a look at all the shark sightings and reported attacks over the Fourth of July holiday. Stay with us.

HARLOW: Yesterday, I was watching my brother and cousin, like, dive --

(COMMERCIAL BREAK)

[06:21:02]

MATTINGLY: Well, happening this morning, there are new tensions unfolding in the Middle East. Israeli forces say they've launched airstrikes in Gaza after a Palestinian rocket attack.

Now, this comes just hours after Israeli forces pulled out of Jenin after wrapping up their largest military operation in the West Bank in more than 20 years. That operation centered on a refugee camp that Israeli officials called a hornet's nest for terrorist activity.

CNN's Hadas Gold is live for us in Jerusalem. Hadas, this is a constantly-evolving story at this point. Nothing new for you there on the ground.

But what is the latest based on what we saw happen in Gaza?

HADAS GOLD, CNN INTERNATIONAL CORRESPONDENT: Yes, Phil, just as those military vehicles were starting to leave Jenin after this massive two- day operation, rockets were fired from Gaza toward Southern Israel right around 1:32 a.m.

Now, as far as we understand, five rockets were fired from Gaza by militants towards Israel. Israel responding with airstrikes at what they say were Hamas weapons and rocket sites.

But as far as we understand, there were no injuries reported on either side.

Regarding Jenin, the military is now out, but Israeli officials, Israeli Prime Minister Benjamin Netanyahu are saying this was not a one-time thing. Netanyahu vowing that they will not let Jenin return to what he called a safe haven for militants, the idea of saying that they're out for now, but they will return if intelligence deemed -- or compels them on go back to fight what they say is a terrorist threat.

Now it's time for the cleanup, of course. In Jenin, the roads are completely torn up. Houses are damaged. Cars are burned. Buildings, even hospitals are damaged right now. This was a very, very intensive operation, and there is now a massive cleanup.

Electricity and water was also severely damaged as a result, and thousands of Palestinians had fled the refugee camp to seek safety elsewhere.

In terms of casualties, one Israeli soldier was announced killed yesterday as a result of gunfire in Jenin. Twelve Palestinians were killed, more than 100 injured.

Now, the Israeli military is saying that they don't believe any noncombatants were killed, but they do acknowledge that civilians were among the injured.

As we speak, the dead in Jenin are being buried in a massive joint funeral. They're going to be buried, all 12 of them, in a joint grave.

And what we're actually seeing is masked militants there amongst the crowd. We're seeing also some militant flags amongst the bodies. We still don't have exact affiliations of if everybody killed were associated with a militant group or not.

But that goes to show you that, despite what the Israeli military is saying about trying to dismantle Jenin as a militant safe haven, there's obviously still going to remain a pretty active militant activity there on the ground.

If they feel safe enough to go out on the streets right now during these funerals, be part of these funerals, that goes to show you that the militant activity in Jenin will continue. The militant activity in across the occupied West Bank will continue, and likely, these Israeli military operations, they will continue, as well -- Phil.

MATTINGLY: Yes. Hadas, your great reporting has shown escalation seems to be the only likely pathway at this point. Thanks, as always. Appreciate it.

HARLOW: Ahead for us, more than 80 million people this morning under a severe storm threat. How it could impact your travel as people head home from the Fourth of July holiday.

MATTINGLY: And what we're learning about the early prison release of a high-ranking member of the NXIVM.

(COMMERCIAL BREAK)

[06:28:11]

HARLOW: Well, there's an investigation underway in Los Angeles County this morning after police body-camera video shows a deputy slamming a woman to the ground and spraying her. We want to warn you: this is difficult to watch. Look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I can't breathe!

UNIDENTIFIED MALE: We're in a fight at --

UNIDENTIFIED FEMALE: I can't breathe. You threw me down to the ground. Stop manhandling me. I didn't do nothing. No! (UNINTELLIGIBLE)

(END VIDEO CLIP)

HARLOW: While that was happening, another deputy placed her companion in handcuffs. This all happened on June 24 as deputies responded to a report of a robbery in the city of Lancaster.

The deputies involved have been taken off field duty as the department continues its investigation.

MATTINGLY: Also this morning, a "Smallville" actress sentenced to prison for her involvement in the cult-led group NXIVM has been released.

Allison Mack was arrested in 2018. She pleaded guilty to charges for her role in the sex-trafficking case. She was sentenced to three years behind bars, the judge calling her, quote, "an essential accomplice."

The group's leader, Keith Raniere, also pleaded guilty to multiple charges and was sentenced to 120 years in prison.

HARLOW: Eighty million people under severe storm threats across the United States this morning. That could mean delays at airports and on roadways as many head home from the holidays.

Let's go to our meteorologist, Britley Ritz.

Britley, good morning. What's it looking like?

RITZ: Good morning, Poppy.

Yes, so we have the same cold front causing the same issues just as we had yesterday. So if you are traveling out and about, just slow down, take it easy and pay attention to radar, too, before you head out and about.

There's that cold front stretching from the Great Lakes back into the Plains. Even the threat for stronger storms across the Southeast and right on up into the East Coast once again, where areas are highlighted in green, like Atlanta, Raleigh and Charleston.

But where we're most vulnerable will be St. Louis back up into Chicago, Oklahoma City, back into Denver. What we're highlighting in yellow. Wind and hail going to be some of our bigger threats. We're talking over 60 miles per hour and one inch in diameter for hail.

Let's look at the time frame.

[06:30:00]