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Erin Burnett Outfront

Kenosha Police Union: Jacob Blake Was Armed With a Knife; Atty: Blake Posed "Absolutely no Imminent Threat" to Officers; Police Chief Defends Officers After Teen was Able to Leave Scene, Says Being Armed "Isn't Out of the Ordinary"; Eyewitness to Wisconsin Protest Shooting Reveals What He Saw; Trump Calls People Who Protested His RNC Speech: "Those Aren't Protesters, Those are Anarchists, Agitators"; Trump Rallygoers Boo When Asked to Put on Masks. Aired 7-8p ET

Aired August 28, 2020 - 19:00   ET

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

ERIN BURNETT, CNN HOST: OUTFRONT next breaking news, the police union in Wisconsin fighting back tonight saying Jacob Blake was still in the hospital with his gunshot wounds had a knife in his hand and put an officer in a headlock before he was shot multiple times. The man though who took the video of the shooting says that is not what he saw. He's my guest.

Plus, Michelle Obama weighing in tonight saying she is exhausted and that's not all.

And more breaking news, the President about to speak to more than 1,400 supporters in New Hampshire. And it is now a familiar scene, a crowd, many without masks defying state law to wear them, no social distancing. We're going to go there. Let's go OUTFRONT.

And good evening. I'm Erin Burnett.

OUTFRONT tonight the breaking news, the Kenosha Police Officers Association giving a very different side of the story tonight releasing their first detailed version of what happened the night the 29-year-old Jacob Blake was shot seven times in the back by a police officer. We're also learning new details about an arrest warrant that was out Jacob's Blake at the time of the shooting.

And the Officers Association says that the officer who shot Blake and it was one officer, Officer Sheskey, who shot him all seven times, said that officer was aware of that warrant when he arrived on the scene. This is the video from the date Blake was shot. You see the officer follow Blake around the car and shoot him.

The Police Association now says though there is more to the story that we did not say. First, they say Blake fought with the officers putting one in a headlock. Second, they say Blake was armed with a knife, which they repeatedly told him to drop, but he refused to drop.

Now, it will now be up to a court to determine whether what came next was justified. In just a moment, I'm going to speak to the man who filmed the Blake shooting. He says the police union's story does not fit with what he saw, so we're going to go through this in detail.

And one of Blake's attorneys just telling CNN the police union is just trying to justify the shooting.

(BEGIN VIDEO CLIP)

B'IVORY LAMARR, BLAKE FAMILY ATTORNEY: We commonly see in these types of police brutality cases, they try to justify their actions and I think it's very clear. I think that the world watch that same 20- second video. They can clearly see like my co-counsel Patrick mentioned that Jacob never posed an imminent threat and their actions are completely unjustified and are excessive.

(END VIDEO CLIP)

BURNETT: One thing we do know tonight is that Jacob Blake is still in the hospital. Today, the former First Lady Michelle Obama weighing in writing, "I'm just devastated by the shootings in Kenosha. These past few months, I've been thinking a lot about what our kids are seeing every day in this country - the lack of empathy, the division stoked in times of crisis, the age-old and systemic racism that has been so prominent this summer. Sometimes they see it on the news. Sometimes they see it from the White House Rose Garden. And sometimes they see it from the backseat of a car. Like so many of you, I'm exhausted and frustrated right now."

Let's go to Omar Jimenez OUTFRONT as he has been throughout this in Kenosha tonight. Omar, what more are you learning about what the Police Association is saying about what happened?

OMAR JIMENEZ, CNN CORRESPONDENT: Well, Erin, the Kenosha professional Police Association is claiming that many of the narratives that have come out so far are inaccurate and their account of the shooting is what really happened. Well, Jacob Blake's attorneys say what's come out from the association is completely overblown.

They're also saying that Jacob Blake is now no longer shackled to his hospital bed as the warrants against him have been vacated. But they do say any potential charges against him are still pending.

(BEGIN VIDEOTAPE)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Mom, get back. Mom. Mom.

(END VIDEO CLIP)

JIMENEZ (voice-over): As an investigation continues to play out over the shooting of Jacob Blake, the Kenosha Professional Police Association is releasing their own account of the shooting saying officers knew about Jacob Blake's open warrant for sexual assault prior to arriving at the scene. That Blake fought with officers, including putting one of them in a headlock that he was not unarmed, that he had a knife, which they say responding officers first saw when they were on the passenger side of the vehicle. They're among claims Jacob Blake's attorneys disputed.

(BEGIN VIDEO CLIP) PATRICK SALVI JR., FAMILY ATTORNEY FOR JACOB BLAKE: He was posing

absolutely no imminent threat to these officers. Apparently, what their position is, is that if there's a knife in the vicinity, they're free to essentially use deadly force.

(END VIDEO CLIP)

JIMENEZ (voice-over): Much of what happened played out on video the country has now seen. But in a shocking admission five days later, the Kenosha County Sheriff hasn't.

(BEGIN VIDEO CLIP)

DAVID BETH, KENOSHA COUNTY SHERIFF: I did not see the video.

(END VIDEO CLIP)

JIMENEZ (voice-over): And the Police Chief now saying officers might have known about an outstanding sexual assault warrant for Blake.

(BEGIN VIDEO CLIP)

DANIEL MISKINIS, KENOSHA POLICE CHIEF: I believe that's why they were there, but I don't know specifically.

(END VIDEO CLIP)

JIMENEZ (voice-over): It's why the Sheriff's office says Jacob Blake would have woken up shackled to his hospital bed, a move the family called cruel and the Sheriff called protocol.

(BEGIN VIDEO CLIP)

JACOB BLAKE SR., JACOB BLAKE'S FATHER: He's paralyzed from the waist down, why do they had a cold steel on my son's ankle. He can't get up. He couldn't get up if you wanted to.

(END VIDEO CLIP)

JIMENEZ (voice-over): The warrant has now been vacated and the shackles removed, a Blake family attorney said Thursday.

[19:05:02]

Blake's shooting led two days of protests in Kenosha.

Tuesday night, two were killed and one wounded on the back end of demonstrations. Kyle Rittenhouse, 17 years old, is in custody for the shootings. After allegedly shooting and killing the first person, 36- year-old Joseph Rosenbaum.

"Another male approaches and the defendant turns and begins to run away from the scene. As the defendant is running away, he can be heard saying on the phone, 'I just killed somebody,'" according to the criminal complaint. Rittenhouse now faces six charges, including first-degree intentional homicide, first degree reckless homicide and possession of a dangerous weapon by a person under 18. He's attorney saying he was acting in self-defense.

But he was not arrested at the scene, even as he walked away with an assault rifle around his neck.

(BEGIN VIDEO CLIP)

MISKINIS: It might have been abnormal two weeks ago, it's no longer abnormal.

BLAKE: He got to go home. My son got - I see you and paralyzed from the waist down, those are the two justice systems right in front of me.

(END VIDEO CLIP)

JIMENEZ (voice-over): Rittenhouse remains in custody. As for the officer who shot Jacob Blake, Officer Rusten Sheskey, that investigation continues.

(END VIDEOTAPE)

JIMENEZ: Now, despite what's come out from the Police Association and from Blake's attorneys, let's remember the official investigative body in this is the Wisconsin Department of Justice. And all we've heard from them at some point is that they say Jacob Blake admitted to having a knife at some point, though we don't know when and that a knife was recovered from the floorboard of the driver's side of the vehicle. Erin.

BURNETT: All right. Thank you very much, Omar.

I want to go to Raysean White, the man who recorded the video of the shooting of Jacob Blake. We spoke to him the other day and he's joining me now again on the phone. So Raysean, look, I really appreciate your time and your perspective here is so crucial, because you were there and now the Police Association - Police Officers Association, I'm sorry, Raysean, they're saying something different. They're saying, "Blake actively resisted the officers." And then they say Blake, "Forcefully fought with the officers including putting one of them in a headlock." Did you see any of that?

RAYSEAN WHITE, RECORDED VIDEO OF JACOB BLAKE: No, I did not see any of that.

BURNETT: So I just want to go through this again, because these are the details they're giving. OK. Then, Raysean, they say Blake was armed with a knife and that the officers issued repeated commands for Mr. Blake to drop that knife, he did not comply.

Now, I know last time we spoke you did hear them yelling about a knife, did you ever see the knife? What exactly did you hear?

WHITE: No, I didn't see any knife in Jacob's hand, but I heard them say drop the knife twice, but that was it. I heard that they found a knife under the floormat, but now they're saying he has a knife on him, so they have two knives, that's my question now. BURNETT: Right. Right, I mean, I guess they're saying he open that

driver's door and then leaned in. I don't know what they're trying to imply there as to whether or did he put it there at that time or to your point where there are two. They then say, Raysean, that officers tried to tase Blake and they tried to do that twice.

OK. So before the shooting that they tried to tase him twice and that it didn't have any impact. At this point, presumably, you're watching here because I know you saw him come around the car, that's all on video. Did you see any of that happen with the taser?

WHITE: I've seen the female officer tased Blake once and that was it. And the officer that shot him was punching him in his ribs.

BURNETT: OK. So you saw one taser and the officer who ended up shooting and was punching him in the ribs.

WHITE: Yes. Blake was in the middle of the two male officers and they both got him in a headlock. The officer that shot him was punching him in his ribs and the other officers pulling his arm and the female officer tased him and fell on his truck.

BURNETT: All right. So you saw them put him in a headlock, but you never saw him put one of the officers in a headlock as they allege. OK. So then, I guess my question to you, Raysean, is look you're telling me what you saw and what you filmed, did you witness the entire encounter? I mean, is it possible that any of these things happened before you actually saw what was happening and started watching?

WHITE: I mean, it's possible. When I came to my window, they were already wrestling Jacob but he wasn't resisting. He wasn't saying get off me, pushing them. He was just letting them wrestle him as he was trying to keep his balance and walk towards his car. That's what Jacob was doing.

When he got up, as the video started, when he got up from the other side of the car, he finally walked to the car while the officer was behind him and he shot him. And Jacob did not pose any threat to those officers and he didn't swing at them. He didn't push them. He didn't do none of that.

BURNETT: Is there anything else, Raysean, I'm thinking about what you saw, what you film, what they're now saying that you want us to know?

WHITE: I just want to say if Jacob was reaching in his car and he got shot in the back, don't you think Jacob would have fell on his stomach in the seat and started ended up in the same position, it doesn't makes sense to me.

[19:10:00]

Like I don't think he was reaching for anything. If he was, he would have got shot and fell on his stomach. I don't think we will have enough strength to move in the car. Do you know what I'm saying? Like I don't understand it. BURNETT: I understand. I do understand what you're saying. All right.

Raysean, thank you again for coming on, for coming back with me.

WHITE: No problem.

BURNETT: I appreciate it. So now you heard Raysean, again, who filmed that video that we've all seen, going through what he saw, comparing it to what the Police Association is now alleging, their very different version of events.

I want to go now to Anthony Davis, President of the Kenosha chapter of the NAACP and former Federal Prosecutor Laura Coates.

So Laura, let me just start off with the Police Officers Association. Their version, obviously, here is different than what Raysean said he saw. Now, look, he's open to - he didn't see all of it, but from where he started filming and what they're talking about, he seems he saw the part that they're referring to, but it's a very different version.

LAURA COATES, CNN LEGAL ANALYST: It is. And, of course, it does provide greater context to hear what the police officers are saying right now at the very beginning really of this investigation. And we know an independent body is doing it. But it doesn't actually answer the question that's on everyone's mind, Erin, which is why did the officer use lethal force once his back was turned and he was approaching the vehicle.

If they say, according to their report, their statements, that they saw him with a knife in his hand as he was walking away from the officers toward the inside of the car, you can only use lethal force, Erin, to repel a lethal force. Not because you're tired of trying to get the person to comply, not because you would like the person to adhere to your orders, but because there is lethal force being used against you.

And so if what they're saying is indeed true, then they have not articulated the justification within that 19-second window that we have seen for why lethal force was used, let alone seven shots.

BURNETT: So Anthony, they're trying to say - that the police officers are saying there is some more information here that the officer knew of a warrant against Blake, that they say he was trying to steal a vehicle. He was armed with a knife. They say they tased him twice and that it didn't work. That he forcefully fought with the officers. He put one in a headlock, you've heard all of this now Anthony as well.

I mean, do you believe the details that the officers are putting out?

ANTHONY DAVIS, PRESIDENT OF THE NAACP KENOSHA: I can only tell you what I saw from the video. To me, it looked like it lasted about 24 seconds and I saw Jacob get off the ground and start walking toward the front of the vehicle, toward the driver side.

But it was hard to see because there was something in between - when he got up off the ground, there was somebody or something in front of them. So what I saw on that video, it just made my stomach turn at the end where I saw I'm getting shot.

BURNETT: Yes. I mean, Laura, and that I think that is what this comes down to as you're both saying, right? I mean, they're now saying, look at this, Blake had an outstanding arrest warrant at the time he was shot, it was for sexual assault. A criminal complaint says Blake unlawfully entered the home of a woman, sexually assaulted her before leaving with her car. The woman told police he physically assaulted her several times over the past eight years, right?

These are awful things, but - and this but is really important. Do they have any bearing whatsoever on what happened to Jacob Blake by that car?

COATES: No, and I was domestic violence prosecutor at one point and for the U.S. Attorney's office here in Washington, D.C., Erin. And when cops are responding to domestic violence calls, they are already going to be on edge, because you have passion running, you have a lot of volatile situations. They're aware that it could actually turn very ugly.

However, the case where they're talking about the allegations against Mr. Blake would go towards a case against Jacob Blake in that particular allegation. It does not go to the use of force by an officer deciding to use lethal force in the car. Even if the officers were aware of the warrant, even if they were aware of the allegations against Mr. Blake, they still have to justify the use of lethal force in their encounter, in their interaction.

They say here that it was Jacob Blake who used a headlock against them, well, then that says that even if he had a knife, he was not using deadly force towards the officers in that capacity and still walked away. It reminds me a lot of the Laquan McDonald case where somebody had an object in his hand and walked away from officers and one of multiple officers on the scene chose to use lethal force. Why was this done here?

The allegation Jacob Blake difficult to ascertain, I'm hearing all of the facts, so that I don't know that case. I'm watching this one and the officers cannot be excused from making their justification.

BURNETT: Anthony, I want to give you a final word, because I know you were jumping in there.

DAVIS: Yes. First of all, I want to give my thoughts and prayers to the family of Jacob Blake.

[19:15:03]

It's a difficult time for them and it's also a difficult time for the citizens of Kenosha because we've been through quite a bit this past week. And we're hoping and praying that some way, somehow that there's a resolution that takes place. But all we want for Jacob Blake is for him to heal and this community to heal.

This week has been hurtful to all of us, but we have to come together as a community. We have to come together as one, no matter what the circumstances may be. The number one thing I always think about, we have to be treated fairly. In all that we do, justice is what we're asking for. Thank you.

BURNETT: All right. Well, I appreciate your words and your time. Thank you both.

And next, the 17-year-old vigilante charged in the deadly shooting in Wisconsin says he acted in self-defense. But what does a witness who took pictures say about that? He was there and saw it. He's my guest.

Plus, Michelle Obama has had enough, says she's exhausted and frustrated by what's happened in Kenosha. Part of a lengthy message, we'll tell you what she said. And this was the scene just moments ago when Trump supporters in New Hampshire rally were told to put on their masks because it's the law.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Please wear masks.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

[19:20:03]

BURNETT: Breaking news, a Kenosha Wisconsin police chief defending how Kyle Rittenhouse, the 17-year-old charged in the deadly shootings was able to walk away from the shooting scene.

(BEGIN VIDEO CLIP)

MISKINIS: The officers were walking into or driving into in this place, was a shots fired complaint, not a shooting, not a person down complaint. We have had many of those over the course of this unfortunate event. So they're responding to that. They see somebody walking towards them with his hands up. That too isn't out of the ordinary, given how the events have been going on.

(END VIDEO CLIP)

BURNETT: OUTFRONT now, Alex Lourie. He's a photojournalist. He was at the protest and witnessed one of the shootings allegedly by Rittenhouse. So, Alex, let me just show you the video we've obtained. This appears to show Gaige Grosskreutz, who police say was shot by Kyle Rittenhouse on Tuesday night after two other people were fatally shot.

Grosskreutz was holding something in his hands when he was shot and in the criminal complaint against Rittenhouse, prosecutors say that that object in his hand is a gun. OK. So this is the picture. You were there when Grosskreutz was shot in the arm.

You took photos. They're very graphic. I want people to understand though what happened here. He was shot at the protest. So what did you see? I mean, was it a gun as far as you saw it that he was holding? ALEX LOURIE, REDUX PICTURES PHOTOJOURNALIST: So let me walk you

through the series of events.

BURNETT: Yes.

LOURIE: These demonstrations in Kenosha, they were taking place in front of the courthouse and after curfew was declared, law enforcement would disperse protesters from that area. They would leave in the direction opposite the courthouse.

And after that happened, I was taking photos of a large group of open carrying individuals at a gas station, predominantly white males, not exclusively, predominantly men, not exclusively and also predominantly in military style clothing. I was taking photos of them when I heard several shots, maybe two blocks away, approximately, and I take off in the direction of the shots.

Shortly thereafter, I saw an individual in a green shirt with an AR style rifle running down the street. I believe this is the individual who was later identified as Kyle Rittenhouse. He's running down the street. A lot of people are shouting things to the effect that there goes the shooter or he was the shooter, stuff like that.

And at some point, I think all of these events probably took place in the span of a minute. He trips or falls and he's on the ground. He is very quickly approached by several individuals. I'm not sure whether their intent was to help him out or to harm him. I think probably it was out of anger, but I don't know.

Amongst these individuals was a man in a black shirt. He gets very, very close to the man in the green shirt with a long gun with gun down and I hear another shot, very close, coming from this interaction. After that shot occurred, the man in the green shirt runs off and the man in the black shirt runs towards me.

And this man was later identified, I think, as Gaige. I'm not sure it was last name. And he had a very severe wound on his right arm and he was carrying a handgun - what appeared to be a handgun in his left arm.

BURNETT: All right. So ...

LOURIE: And - I'm sorry, yes.

BURNETT: I'm sorry. I'm sorry. No, I'm really glad you lay all this out, because I think it's really important now. So, OK, so he was holding a gun and you're talking about that when the person who appears to be Mr. Rittenhouse sort of stumbles, that when they converge upon and they seem angry. Maybe they wish him or maybe not, I know you're not trying to pass judgment but that's sort of what you saw and then the one that Rittenhouse ends up shooting did have a handgun. OK.

So when Rittenhouse's lawyers say was acting in self-defense, from what you actually saw, does that fit?

LOURIE: I can only tell you what I saw. I can't offer a legal interpretation.

BURNETT: Right. So that you're just saying kind of what the visuals were and what their emotions seem to be their body language. And one final question for you, Alex, were a lot of people visibly armed?

LOURIE: That's interesting. So I typically work in Iraq and Syria and now I'm wearing the same protective equipment, shooting my country - photographing my own country as I do over there. And the reason is there's a lot of weapons present, there's a lot of weapons present.

In Kenosha, I would say the first night I was there I saw maybe three open carrying individuals in military style fatigues. The second night I was there, it would have been over 20, I would imagine. There's just shocking amount of weapons.

Everybody has, I shouldn't say everybody, many people have handguns, long guns and the reason why I wear my protective equipment is it's only a matter of time till something happens like this or worse.

[19:25:06]

BURNETT: Alex, I really appreciate your taking the time and laying this out really clearly. It's really crucial to hear journalist just lay out the facts as you have. Thank you.

LOURIE: Thank you.

BURNETT: And I want to go now to Kimberley Motley, Civil Rights Attorney who is also representing Gaige Grosskreutz. So Kimberly, let me ask you first about your client, because you just heard Alex describing just how horrible that injury appeared to his arm. I understand he was supposed to have a surgery today. How's he doing?

KIMBERLEY MOTLEY, ATTORNEY REPRESENTING GAIGE GROSSKREUTZ: Well, Gaige is doing as well as one can under the circumstances. I mean, frankly, I think he's a hero. And I think I asked the public to give him time to respect his privacy while he undergoes the medical recovery that he needs.

BURNETT: So what's your reaction to what we just heard from Alex, what he was laying out about what happened, just sort of as Mr. Rittenhouse's running and sort of stumbles and Mr. Grosskreutz converges on him with others, what's your reaction to what you just heard?

MOTLEY: Well, I sort of have an issue with the terminology of Mr. Grosskreutz converged upon Mr. Rittenhouse. I think the questions that really should be asked is why didn't anyone arrest Mr. Rittenhouse that night, who picked him up, who dropped him off, why do we have video footage of law enforcement that are tossing Mr. Rittenhouse waters and saying things like we appreciate you, which is on video.

BURNETT: Yes, it is.

MOTLEY: Who are the people that were in cahoots with Mr. Rittenhouse? He is definitely not the only one that should be charged. There is ample video out there where he's saying things like this is my job, who told him that this is my job and when are those criminal charges going to be given to people with regards to that. On behalf of my clients, we by no means believe that Mr. Rittenhouse acted alone. And so I think those are the questions that we should be asking.

BURNETT: So these are really important questions and I understand your points. When Mr. Rittenhouse says that it was in self-defense because your client had a gun and obviously the photojournalist also is saying that he did indeed, in the other arm, have a handgun, what's your response to that? Is there any way that it could have been self- defense?

MOTLEY: I think my response to that is why didn't Mr. Rittenhouse come with an armed weapon, wearing gloves on with the intent, I believe, to shoot people. And by him continually saying this that this was my job, this is my job, which is on video, who are the people that told him that this was his job. I think those are the questions that should be asked.

Why did he have gloves on? It wasn't like he was, in my opinion, doing it for COVID. He didn't have a mask on, but he was gloved that whole night. He was walking around looking at different people with his weapon and he was supposedly protecting property that had absolutely nothing to do with him. He didn't walk from Kenosha back to Illinois, so who drove him home after that?

And I think those are the questions that we need to be focused on. Because whoever sort of facilitated him doing this, whoever told him that this was his job to do, they're still out there and they need to be arrested as well.

BURNETT: All right. Well, I appreciate your time and you're raising those questions with us tonight. Kimberly, thank you.

MOTLEY: Thank you.

BURNETT: And OUTFRONT next, a U.S. senator who also co-owns the WNBA's Atlanta Dream, calling Black Lives Matter 'dangerous and radical'. I'm going to talk to a player on the team.

And breaking the law in New Hampshire, Trump's supporters booing when asked to put on masks, which is the law in that state at his, rally tonight. This is a new projection says more than 67,000 lives, OK, these are people who are alive right now as I'm speaking, but they could be dead by December, but they could be safe, if they just all wore masks.

(COMMERCIAL BREAK)

[19:32:55]

BURNETT: Just in, President Trump criticizing the people who protested his speech last night after the RNC, claiming they are not protesters.

(BEGIN VIDEO CLIP) DONALD TRUMP, PRESIDENT OF THE UNITED STATES: Protesters, your ass. I don't talk about my ass. They're not protesters. Those are anarchists. They're agitators.

(END VIDEO CLIP)

BURNETT: This is for the fifth day in a row, President Trump staying silent on the police shooting of Jacob Blake, but trying to take public for quieting the protests in Wisconsin, tweeting: Success, since the national Guard moved into Kenosha, Wisconsin, two days ago, there's been no further violence, not even a small problem. When legally asked to help by local authorities, the federal government will act quickly and succeed.

Well, except for, you know, he tweeted that and people have died and the federal government, by the way, was not asked and the president was not involved. That is not how this happened.

Listen to the governor of Wisconsin lay it out.

(BEGIN VIDEO CLIP)

GOV. TONY EVERS (R-WI): They asked if I wanted homeland security here, and I said no. The fact of the matter, the assignment of National Guard troop is a state prerogative.

(END VIDEO CLIP)

BURNETT: OK. Officials also say the reason behind the calmer scenes is because of a curfew.

OUTFRONT now, Scott Jennings who's a special assistant to President George W. Bush, and Andrew Yang, former candidate president in 2020, who, you know, may have seen obviously in this program was laying out last night how he has spoken with the Blake family and Blake's father.

Scott, OK, what the president is saying just on the president's basic nature is that, you know, the federal government came in with the National Guard. That is not true. That is not what happened. Why is he saying that?

SCOTT JENNINGS, CNN POLITICAL COMMENTATOR: Well, I thought I had read, Erin, that there were some Department of Homeland Security agents that wound up going there. So, I don't know the truth of who exactly was there and when they got there.

[19:35:01]

But, frankly, I think that everyone should just be thankful that it is calming down. I mean, it's a tragedy all the way around what happened. And so, while I'm not certain of the propriety of the statement that the president made, it appears that people wearing uniforms showed up and started to keep the peace, which really is all that matters to me.

BURNETT: I understand your point, but the governor is saying they asked if they wanted Homeland Security and they said no and deployed their own national guard.

And, Andy, look, I understand Scott's point. There's something to that. We all want it to be peaceful.

But it is, to the president, very important about getting credit for it, right? His base will believe what he says. And a lot of other people are going to get lost in the fog of confusion he creates. So, if he says I take credit f things turning around, people may just take his word even if it is not true.

How big of an issue is that, that many people may just take his word even if it is not true?

ANDREW YANG, CNN POLITICAL COMMENTATOR: Well, we saw over the last number of days, Erin, at the RNC, that this is going to be a core pillar of his re-election campaign, that he represents law and order.

And like Van said last night, you have to break into several components. Number one is the issue of police brutality which we've seen multiple times. Number two is protests in response to that brutality. And then number three are vigilante actions like those taken by Kyle Rittenhouse.

It's clear the president wants to apply law and order just to the second category of protests and not concerned about the first or third category. But this is going to be a core pillar of his campaign over the next several weeks.

BURNETT: So, OK, to that point that you raised, let me ask you about Kyle Rittenhouse, 17 years old, allegedly shot and killed two people, wounded a third. After that happened, after those things happened, we heard a lot from the RNC. This is what we heard.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: In recent months, we've seen weak, spineless politicians cede control of our great American cities to violent models.

UNIDENTIFIED MALE: A vote for Biden and the Democrats creates the risk that you will bring this lawlessness to your city, to your town, to your suburb.

TRUMP: We must never allow mob rule.

(END VIDEO CLIP)

BURNETT: So, they didn't in any way mention the vigilante who killed people. And the person who's actually charged with the killing of two people has posted a picture of himself in the front row of a Trump rally, right? We happen to know that. And then we don't hear any condemnation of what he did at all from the president.

So, does Trump need to condemn Rittenhouse also, right, not just whatever he's going to say about mobs, also needs to condemn somebody who killed two people? JENNINGS: Well, look, I think the president needs to condemn all

violence. Anybody who shows up in a town, whether you're there as part of this anarchist mob that's burning down cities or whether you show up as a 17-year-old from another city carrying a weapon, everybody needs to go home. If you're intent is to incite violence, I think what the president ought to say, this is wrong, go home. We'll handle it.

There are people that are going to show up. Obviously, some of these demonstrations have been infiltrated by people who want to destroy things, who want to cause violence and chaos and wants to instigate further violence. So, the authorities need to handle that.

I think the president's message should be to condemn at all and do not wade into a war zone, it is not your job to wade into a war zone. Please stay home, and let the authorities handle it.

BURNETT: OK. So, Andrew, to this point, that is not, what Scott is saying is not what they're saying, right? They're playing on this violent, mobs, mobs, Democrat cities.

(CROSSTALK)

YANG: Even and the characterization of it as an anarchist mob frankly I thought frankly is parroting the talking points we've seen over the last number of days that are very, very damaging to our entire country where you're trying to characterize folks who are protesting police brutality we're seeing in front of us and trying to broaden that to be somehow something other than what it actually represents. And if they're--

(CROSSTALK)

JENNINGS: They're burning down buildings.

YANG: -- crossing state lines with automatic weapons and end up killing multiple people. So, I agree with you that the president needs to condemn all violence.

But, Scott, we need deserve better than you just frankly building up these protests into something other than what they are.

BURNETT: All right.

JENNINGS: Well, we deserve better than you, who is someone I respect, by the way, telling people what they're seeing with their own eyes on their television screens isn't happening. Buildings are burning, people are losing their businesses and their jobs and their property and people are scared.

It is happening. And it was not mentioned by the Democrats last week. Just be honest, there are bad actors on the streets who are infiltrated --

BURNETT: But, Scott, there are also protester who not bad actors.

JENNINGS: I agree. (CROSSTALK)

JENNINGS: -- is being hijacked. They are being -- I think the people who are working in good faith and there are many, and I support them.

[19:40:02]

Their cause is being hijacked by these bad actors in these cities.

And the bad actors -- and I want to hear more out of all of our politicians is we can tell the difference between the two because there is a difference. But you cannot deny they exist. We see it every night.

BURNETT: Final word, Andrew.

YANG: I agree with you, Scott, that we do need to make greater efforts to separate people who are legitimately protesting police brutality and systemic problems and folks who cross state lines with armed -- with automatic weapons and end up inflicting violence and murder on multiple people. I mean, those are very, very different things. And we need to focus.

And it's folks that have actually failed to distinguish between those two activities that I think are the most serious offenders among us in terms of leading this to become much more inflammatory and divisive and violent and potentially something that our country has never seen before and will have a hard time coming back from.

BURNETT: Thank you both.

In a new statement tonight, the former First Lady Michelle Obama says she's, quote, exhausted and frustrated by the shootings in Kenosha. She continues, I've been thinking what our kids are see in our country, the lack of empathy, the division stoked in times of crisis, the age old racism so prominent this summer. Sometimes they see it on the news. Sometimes they see it from the White House Rose Garden. And sometimes they see it from the backseat of a car.

Obviously, that a very direct reference to Jacob Blake's children when he was shot in the back seven times.

OUTFRONT now, Renee Montgomery, WNBA player with the Atlanta Dream.

And I know you decided to opt out this season to focus on social justice issues.

So, you know, Renee, I'm talking to you on a night when the NBA, the WNBA have announced they're going to resume playing. The boycott was historic, but they're going to resume playing. I want to ask you about that in just a moment because it's very important.

But, first, Michelle Obama just coming out tonight with those words talking about being exhausted and frustrated. Do you relate to her words? RENEE MONTGOMERY, MEMBER OF ATLANTA DREAM, WNBA: Absolutely. I'm the

mom of a 13-year-old boy, so we've had the conversation. We've had to explain what's happening. So, you have to have the conversation, and then you have to explain why people are doing what they're doing.

Kids don't understand racism. They keep asking why. I don't have an answer to that. So, we all share that frustration in the black and brown community.

And I think that's the most disheartening heart. That's what makes people tired because if it was a burden that he just had to carry on our own that affected only us, a lot of people could handle it better. But when it affects your children and other people you see that are helpless, that's when you feel you need to stand up.

BURNETT: And that's what you've done. Your team, the Atlanta Dream is co-owned by Republican Senator Kelly Loeffler. She has come out and spoken out against Black Lives Matter. This tweet just came out, quote, this is her, Senator Loeffler: I've led the charge against this dangerous organization from the beginning and I will keep fighting their radical agenda. This is her referring to Black Lives Matter.

And, again, she does co-own your team. What's your reaction, Renee?

MONTGOMERY: This is -- it's the same play. She's a politician that has an election coming up. That's why she wrote the letter originally. That's why she's writing a tweet.

Everybody is campaigning right now. We just saw the Republican National Convention. Everyone is trying to appeal to their base and that's what she's trying to do, which is why a lot of players have stopped using her name in different things and saying the names of victims that have lost their life to police violence like Breonna Taylor.

BURNETT: And you're being very gracious about it. Do you take it personally? I respect you're doing that.

(CROSSTALK)

MONTGOMERY: Right. I don't. I don't take it personally because it's very clear what's happening. You know, she talked about not wanting to get cancelled. She talked about different things that she's trying to incite people and get attention for certain things.

So, I don't take it person because it's not personal. She's trying to win the campaign.

BURNETT: So, NBA players have agreed to resume the playoffs tomorrow. The athletic supporting President Obama actually advised LeBron and others on Wednesday night to continue playing and use this opportunity to figure out specifically what action they wanted as opposed to just staying out.

The league committed today, Renee, to establishing a social justice coalition, working with local elections officials to convert stadiums into polling places, and to create advertising spots during playoff games to raise voter awareness, right? Those are specific things. Is this enough though, or do you think they should have stayed off the court longer given that you have now committed this entire time to making a change?

MONTGOMERY: Yeah, you know, even when I sat out, I made it very clear that me sitting out doesn't make me frown upon the people that are opting in to the bubble at that time, or the NBA bubble.

[19:45:00]

I think we all feel differently. We all -- my way of addressing how it's done is me opting out so I could focus on that specifically. If you're an athlete, you know in the bubble you need to focus on the plays, you need to focus on scouting, you need to focus on film. And so, there's a lot of different things. That's why the players are tired.

You know, they're trying to focus on their job requirements but they have a heavy burden that's a social issue going on. So, for me, I think that whatever the player decides to do, that's what the right move is because they didn't consult us when they decided not to play and you see it stopped the world.

BURNETT: Right. But I know obviously you have decided to opt out to focus on social justice issues, and, look, a big and significant decision for you. I wish you the very, very best in all of this. Thank you so much, Renee.

MONTGOMERY: Thank you for having me.

BURNETT: And next, boos from the crowd at the Trump rally tonight. New Hampshire when they were told to put on their masks. It is the law in that state.

And the pool attendant who alleges he had an affair with Jerry Falwell Jr.'s wife, as Jerry Falwell watched, speaks out.

(BEGIN VIDEO CLIP)

GIANCARLO GRANDA, FORMER POOL ATTENDANT: I feel like I was an ideal target for them.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

BURNETT: Breaking news, President Trump rallying some 1,400 supporters in New Hampshire. There is no social distancing, most not wearing masks. In fact, the crowd booed when they were asked to put on masks, which, of course, would just be basic, never mind the right thing to do. It would be in accordance with the law, in the state of New Hampshire.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Ladies and gentlemen, in accordance with New Hampshire Executive Order 63, please wear your masks.

(BOOS)

(END VIDEO CLIP)

BURNETT: Ryan Nobles is there. Ryan, to be clear, those supporters not wearing masks are breaking the law. That is the law in New Hampshire, where you are standing tonight. Tell me what you're seeing. What's happening?

RYAN NOBLES, CNN WASHINGTON CORRESPONDENT: Yeah, you're right. Not only is it breaking the law, but it's in direct opposition to President Trump's own CDC's recommendations about gatherings like these.

[19:50:01]

Here in the state of New Hampshire there's an executive order that specifically states if you're in a group with more than 100 people, and there are clearly more than 100 people here tonight, you have to be wearing a mask. It's not an option.

Now, the Trump campaign did tell every person that walked on here that they needed to wear a mask, they even handed out masks, if the folks that are walking in didn't have one, and as you played, they often reminded folks to put the mask on, through public address announcements. But absent of that, if someone took off a mask, nobody told them they had to put it on. There were no law enforcement or other folks here who tell people that they have to put them on and slowly, throughout the day, we saw more and more of the president supporters take their masks off.

There are people wearing masks, more than I've seen at many Trump rallies I covered but not the majority by any stretch of the imagination. Most of the people here are not wearing masks. And this is important, Erin, because this is just really the beginning of the campaign sprint for President Trump. He has said in his campaign has said they are going on the road and holding more rallies like these and we have to imagine this scene is going to be repeated all over the country -- Erin.

BURNETT: All right. Thank you very much.

And OUTFRONT now, Dr. Sanjay Gupta.

So, Sanjay, what goes through your mind when you hear a crowd booing when asked to put on a mask? It comes, I just want to make the point, as a new projection says that 67,000 people who are, you know, lives could be saved, right? People alive now may be dead in December but they could be alive if people wore masks.

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Well, I mean, what goes through my mind is that obviously, these people don't think this is real. They think many people still think it's a hoax. They're being inconvenienced by asking to do something like this, to wear a mask even though we're in the middle of a pandemic and numbers have gone up 1,000 fold since we started to do things to slow the spread in this country.

I think that last thing you mentioned is probably the most crucial. It's really striking to me, nearly 70,000 lives could be saved. You could wear a mask and be a chance to be part of a movement to save 70,000 lives and you say screw it, I'm still not going to do it. That really -- I mean, that's really discouraging. I got to believe that most people don't think that way. I got to believe that our native instincts are to do better than that but people booing when they're told to do something when they could save the people next to them from getting infected, I mean, it's really discouraging.

And, you know, look, we see this. We saw this last night at the White House, we see it all at the president's rallies. This rally tonight with the booing being held on the same day as the march on Washington.

Now, there what we saw similar crowds not socially distancing, but in terms of masks, many people there were wearing masks and that sense it was different.

But attending either of these activities safe? Is it enough to mask and not socially distance?

GUPTA: No, I mean, look, they both carry risk. I mean, there is no question about it. In the middle of a pandemic, having -- aggregating a people together like that is something that the virus likes very much. The virus likes to jump from person to person, host to host. So, it's not a good idea no matter what.

Objectively speaking, you make a good point. If you look at masks overall and say okay, wearing a mask makes a difference. Well, how much of a difference does it really make? It's a fair question. There have been studies on this. It can decrease transmission by about six- fold. That's pretty significant if you think about it.

BURNETT: Yeah.

GUPTA: Also, there is something else. What counts as a close contact? If you're sitting next to somebody like on the lawn not six feet apart for a long duration of time, longer than ten or 15 minutes, that's close contact. If you're marching, perhaps that's better.

But, objectively speaking, Erin, you're right. Any time you get people together in the middle of a pandemic, this is the sort of stuff that history books write about. These are the sorts of things that create these super spreader events and take us in the wrong direction again.

BURNETT: All right. Sanjay, thank you very much. Our own Dr. Sanjay Gupta.

And next, the Jerry Falwell Jr. sex scandal more sordid tonight. The poll attendant at the center of it all speaking out, and there are new allegations.

(COMMERCIAL BREAK)

[19:56:51] BURNETT: Tonight, the controversy surrounding Jerry Falwell Jr., the evangelical leader who resigned from his post at Liberty University growing even more complicated. The pool attendant his wife had an affair with is speaking out, accusing Falwell actually of encouraging the affair.

Athena Jones is OUTFRONT.

(BEGIN VIDEOTAPE)

GRANDA: I feel like I was an ideal target for them.

ATHENA JONES, CNN NATIONAL CORRESPONDENT (voice-over): Giancarlo Granda in his own words, describing to ABC what he says as his year's long affair with Becki Falwell, wife of the now former president of Liberty University, Jerry Falwell, Jr., after meeting the pair at a Miami hotel eight years ago.

Earlier this week, Jerry Falwell admitted his wife's relationship with Granda, but denied watching their tryst.

The former pool attendant pushing back.

GRANDA: Jerry is lying. That was his game plan from the beginning, to throw her under the bus, which I think speaks a lot about who he is, about his character. And he was aware from day one of our relationship and he did in fact, watch.

JONES: Granda, a former self-described video game addict, who was 20 years old at the time, alleging Falwell Jr.'s voyeurism also began on day one.

GRANDA: We went upstairs and Jerry was laying on the bed. He was drunk and giggling, and again, I'm weirded out and said hey, if at any point you get jealous or want me to back off, just let me know and I'll walk out. He said, no, no, just go for it. I don't want to go too much into the details but he enjoyed watching.

JONES: CNN obtained audio of a 2018 call Granda says he had with the Falwells.

BECKI FALWELL: His new thing is like telling me every time he hooks up with people, like I don't have feelings or something.

JERRY FALWELL, JR.: You might make her jealous there.

GRANDA: Aww, I'm not trying to do that.

BECKI FALWELL: Like a week ago, I was in tears for the whole freakin' day.

JONES: The Falwells who went into the real else business with Granda alleged he's trying to blackmail them, a charge he denies, saying his only goal is to sell his stake in the company.

GRANDA: I just want to cut ties, that's all I ever want to do. JONES: The sordid saga forcing Jerry Falwell to step down from his

post at Liberty, a staunchly conservative evangelical power house with a strict honor code, walking away with a $10.5 million severance package.

An early Trump supporter, his January 2016 endorsement helped the twice married alleged philanderer win over evangelical voters.

JERRY FALWELL: We must unite behind Donald Trump and Mike Pence.

JONES: Women for Trump board member Becki Falwell praising the president last year.

BECKI FALWELL: I really respected his genuineness, his heart is amazing and he's so personable.

(END VIDEOTAPE)

JONES: And one more thing about Granda's claim the Falwells targeted him. Granda says, soon after he met the Falwells, he joined them on a weekend getaway to the Florida Keys where he mentioned having had a video game addiction when he was younger. Granda telling ABC that in hindsight, he believes they spotted these weaknesses and made him a target -- Erin.

BURNETT: All right. Athena, thank you very much. You'll hear more from Giancarlo later on tonight with Anderson.

Thank you so much for joining us. Don't forget, you can watch OUTFRONT anytime, anywhere on CNN Go.

"AC360" begins right now.