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Legal View with Ashleigh Banfield

President Obama Goes to Orlando; Latest on Raction to Orlando Shooting. Aired 12:30-1p ET

Aired June 16, 2016 - 12:30   ET

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

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[12:33:07] ASHLEIGH BANFIELD, CNN ANCHOR: At any moment Air Force One is set to touchdown in Orlando. The president expected to take on the role that he has played all too often, consoler in chief. He's set to meet with survivors from Sunday's attack at the Pulse Nightclub, 23 of whom remain in the hospital as we speak. Fourteen of them have been stabilized in their condition. Three of them are listed as in guarded condition. Six are still in critical condition.

In the mean time, President Obama says he's going to learn more about the precious lives that were lost that night. Among the 49 killed in the shooting, Amanda Alvear whose snap chat video gave us a glimpse of those horrifying moments.

(BEGIN VIDEO CLIP)

(Gun Shot)

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BANFIELD: Alvear was there with two of her friends, Mercedez Flores who unfortunately was also killed in the attack and also along with Leydiana Puyarena who survived the attack but was shot in the leg. And Leydiana is kind enough to join us now. Leydiana how are you doing today?

LEYDIANA PUYARENA, NIGHTCLUB SHOOTING SURVIVOR: Physically, I'm doing fine. Mentally I'm not all. I still can't believe this happened.

BANFIELD: Probably, it's going to be a long road for you. The president of the United States is about 25 minutes from landing in your community to console you as a survivor of this attack and to console the families, like the families of Mercedez and also your friend Bryan Lopez who was shot and was in is critical. Is that helpful to you to know that the commander-in-chief of the country as well as the vice president are coming to your aid?

PUYARENA: Yes.

[12:35:03] BANFIELD: Tell me a little bit about -- what's your feeling at this point having seen these things happen before in other people's communities, and now knowing that you are part of a club that you never wanted to join. PUYARENA: In a million years I would never have thought that something like this would have happened to me. It's devastating. I've seen so many of it on television and I would always say, I wouldn't know how to react if I was in a situation like that. And I'm just glad that I'm OK and I got to come home with my kids.

BANFIELD: Your friend Bryan Lopez was in critical condition. Do you know any updates as to how he's doing now?

PUYARENA: I haven't spoken to them in like two days. But I think he's doing better. He's doing off well.

BANFIELD: And just one last question about your friend Amanda. We've seen her face. We've seen her snap chat. We feel close to her because she has those last images. I'm sure that you just must be beside yourself about this loss and do you know how her family is coping at this point?

PUYARENA: I can't explain how they are feeling. I just wish that when I was there and I haven't seen my friends in such a long time. I actually was going to tell them, you know, to come to the other room where I was at and my best friend Mario, she had told me she was going stay there and go the bathroom. And that was the last time I've heard of her so.

BANFIELD: I am so sorry for your loss. I'm so sorry we're speaking under these circumstances. I hope that the president's visit and the vice president can bring you some form of comfort as you move on in this journey that you're now in.

Leydiana, thank you for talking to us today.

PUYARENA: Thank you.

BANFIELD: We'll be right back after this break.

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BANFIELD: He was once on the FBI's terror watch list but we now know the Pulse Nightclub murderer managed to buy two firearms in the days leading up to the rampage.

One of them an MCX assault style semi-automatic like this one. And if that surprises you it should not because the reality is nine out of ten people on terror watch lists who want to buy a gun get to buy a gun after passing a federal background check, nine out of ten.

[12:40:04] Here's the break down. A government accountability report found that 244 people on the watch list walked into gun shops last year to buy firearms. And of them 223 got the OK, stamp. It was only 21 of them who were denied. That's because to be denied you have to be among other things a felon or a fugitive or a domestic abuser or undocumented immigrant or have a legally declared mental health issue.

But being on the terror watch list, ready for this? It's not an automatic strike. Joining us now to discuss all of this, CNN National Security Commentator Mike Rogers, he's also the host of the new CNN series called "Declassified."

Mike, as a former congressman, as a former FBI agent I can't believe I have to read something like that. I can't believe I actually have to state that. That being on a terror watch list does not put you in the category of the other bad guys who we won't sell weapons to. How is this happening?

MIKE ROGERS, CNN NATIONAL SECURITY COMMENTATOR: Well, there's a big disconnect. There's also a list called tide that there are some million names on. And I think the criteria is not great. I hope that this is an opportunity, unfortunate as it is to try to reconcile that.

And so even the FBI investigating this individual for ten months which is -- that's a huge commitment on behalf of the FBI, they introduced confidential informants, meaning people that wherein his pattern of life giving information back. They did surveillances. Apparently they did multiple interviews not only of him but some of his -- some of the people around him. And that's a big investigation. With all of that even their determination was -- wasn't enough to get on the list. This is the time to review what it means to be on that list and how you would make sure that that's inter linked so that there is -- during that background check some -- a flag goes up that would allow the FBI to intercede or interview or make sure that that person has -- even if it's a temporary postponement, if that was a medium place to be I would take that for a 72 hour postponement so people can get their arms around it. I think that was other complement.

BANFIELD: Although some argue that it's not just a 72-hour postponement there's a lot of cumbersome work including probable cause and a hearing, a judge was involve and we have thousands and thousands and thousands of purchases a year so that could be a pretty messy operation.

I got to ask you this about the CIA Director John Brennan who this morning said that despite all our progress against ISIL in the battlefield in the financial realm our efforts have not reduced the group's terrorism capability and global reach. And says in fact that the more we do grade ISIL, ISIS, the more they want to make a big bold loud statement maybe inspire people or direct them et cetera.

So to that end, why is it so damn hard to do deep, deep dives into guys like Matee because I'm compiling a list of all the stuff we're finding out. He apparently had made these awful comments, Jihadist like comments to co-workers. He wanted to bring a gun to his school and scared kids at school. He said that Bin Laden was his uncle. He celebrated 9/11. He made Facebook posts. He requested to buy body armor all in advance of the attack. To me I just don't understand how he could have been on past tense a watch list and dropped off without any residual historical flagging that would come up. Can you help me with this?

ROGERS: Yeah, I mean and again, this is the big problem. By the way that CIA director's we have comments today's a little overshadowed by the president's visit is pretty astonishing that they basically said we're not winning the fight against ISIS. They have both operational endeavors meaning that they're going to control efforts in to the west which should also mean the United States but likely Europe as well as continuing their inspiration campaign to get people like Mateen to do it.

I thought that was pretty stunning from the CIA director today and hopefully that will come out in the next couple of days. That's pretty worrisome to me that he was that aggressive about it.

Secondly your question is a great one to answer and we've wrestled with this. He was a United States citizen that has due process rights under the constitution. They have to be protected. That's why we need to look at these lists and find that standard that would be acceptable to everyone about these are the things that would get you on the list and these are the things that would prevent you from doing other things or at least slow you down from doing other things. We haven't come together as Americans on this.

There's as many people on the other side saying, "We'll you can't do it at all because you're violating his constitutional rights as a citizen." So we're going to have to figure this out. Remember he wasn't convicted of anything. And Americans do have the right under the first amendment to express themselves even if we don't like what they say.

So we're going to reconcile this from a national security and a domestic security position that where everyone can get a comfort level about what this is going to look like because you're going to have people on the list probably don't deserve to be there. I mean, the government does make mistakes. How do we -- and we have to make sure there's a mechanism to get them off that list. At the same time, we make sure there's a mechanism to get them on the list. And that part I don't think we worked out.

[12:45:15] BANFIELD: I got to say chairman, every time I speak with you as a former house intelligence chairman there, a million things I want to ask you but I know you absolutely cannot answer. However you got a show that's premiering this weekend on CNN called "Declassified." And I'm just curious to how much stuff you're going to be able to unload that we never heard of before.

ROGERS: Well, if you love spy versus spy you're going to love it. And what this is, it gives the opportunity to people who have been working in the shadows risking their lives, collecting that little piece of information that might save a life that might save a confrontation between two countries. And the first episode, you're running some clips there are exactly that. Here's a woman spy, the first one in Moscow obtaining secrets on nuclear intentions of Russia in the '70s, hugely important information. Many say that this stopped a nuclear confrontation between the Soviet Union and the United States and you get to hear it from the people who lived these cases.

And it's their moment to see their duty, honor their country and why they take these risks and what they do. I think if you like that spy versus spy you're going to love to get to know American's heroes in the clandestine service.

BANFIELD: And Mike Rogers to the right of us in your screen the president's Air Force One aircraft is now landing in Orlando. So I will say thank you to you. I'll also let our viewers know "Declassified" is this Sunday at 10:00 p.m. eastern that's it here on CNN. Thank you chairman, nice to have you on.

ROGERS: Thank you.

BANFIELD: And just a reminder, the president arriving in Orlando. Not only high level official there today, in fact the vice president also there, a number of senators from that area but also elsewhere. The whole mission here for the president is to offer hope, console survivors and the families of those who died in this tragedy and to try to help amend the city, this nation, in fact, torn by tragedy.

Back after this.

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[12:50:00] BANFIELD: Bringing you live pictures right now of the President's plane Air Force One as it taxies to a stop in Orlando, Florida. He is there to be with the families of the victims and some of the victims themselves of that horrific nightclub shooting.

The president on board but also we're told Florida Senator Marco Rubio is on board with the president. The Vice President, Joe Biden also just landed in Orlando. The White House says that the president's time with families will be private and that he stands in solidarity with the Orlando community. If you count this is now the tenth post-mass shooting visit that President Obama will be making, much of it to console those who are affected and to tell those communities that the rest of the country stands with them.

Our White House Correspondent, Michelle Kosinski joining me right now.

Maybe you could just walk me through the president's plan today. I know some of it is in public but tell me about the agenda.

MICHELLE KOSINSKI, CNN WHITE HOUSE CORRESPONDENT: Hi Ashleigh, right, this is a really quickly organized trip. When you look at the other similar trips the president has made following mass shootings in this country. And as you mentioned there have been nine prior to this, he waited. He spent a little more time. But this coming only two days since he gave that fiery speech, just a few days after the shooting itself.

The White House put this together quickly and they haven't been wanting to give too many details because of security concerns over what exact locations he'll visit. So there is a lot about this trip that we don't know right now. What we do know is that he's going to be meeting with survivors, families of victims, medics who helped after that night and law enforcement officials.

The theme of this trip is unity, as the White House put it just an hour ago standing shoulder to shoulder with victims and people in this country, obviously, who are still mourning this tragedy. It's tough to imagine him not getting at least somewhat political in there. I mean often we've seen the president stand in the briefing room or somewhere else and talk about how many times he's had to do this, that that's too many times, talking about wanting to take common sense steps on gun control. What makes this more interesting is to hear that Senator Marco Rubio, yes, is traveling with the president, certainly not unusual to see a local lawmaker travel with them.

BANFIELD: That's fascinating. That is fascinating. But as they pull jet way, the jet staircase up to the door the president going to emerge at any time, and I don't want this moment to be lost. That at the bottom of the staircase is Republican Governor of Florida Rick Scott who has come out to meet President Obama on the tarmac. So I just want to make sure that as they get ready for the president to descend on the tarmac that there is that committee at the foot of the stairs. I think it was in question at some point as to whether the governor would be there. But he is. So sorry -- and carry on with your reporting.

KOSINSKI: Right. It's exactly that. That show of unity with Republicans there.

And I mean we just saw Marco Rubio during his campaign slam President Obama. He opposed the actions that the president and his administration wanted to take on gun control but here they are standing together, traveling together, meeting the Republican governor together.

And the White House wants to present this as a show of unity. Not necessarily that they're going to want to move in exactly the same direction after this particular tragedy. But at least that they stand together for the victims. The White House wants this day to be about honoring the people that tried to help, about mourning the lives that were lost. But you know it's going to be impossible for the president to not get into, you know, the broader scenario of this tragedy that he's mentioned so many times before, Ashleigh.

BANFIELD: So, and we're just take another picture down at the base of the staircase. You can see some of the party members that are going to greet the president. You can see the vice president who is standing there with his sun glasses on. He is beside the Republican governor of Florida, Rick Scott. Along side them will Bill Nelson also, United States senator from Florida, Buddy Dyer is among that group we are told. The mayor of Orlando Florida, and Teresa Jacobs the mayor of Orange County, Florida will apparently be greeting the president as well.

And if I'm not mistaken that may be Representative Corrine Brown, represents Orlando. She was flying on Air Force One and there is Republican Senator Marco Rubio descending the staircase as well as we watch them be greeted in their arrival in Florida. Not the easiest shot to see. But go ahead Michelle.

KOSINSKI: And we see the president make a few different stops today too when he is meeting with these people not just survivors and victims. But as I mentioned medics and law enforcement, so his schedule remains a question at least from the president's point of view. We'll be getting notes throughout the day from the press pool that's traveling with them. But we expect this to be emotional. This is one of those issues where we seen the president actually shed tears publicly. That was when he was talking about having met with the victims and the families of the victims in the Sandy Hook shooting a few years ago.

[12:55:12] I mean, that's one thing the president often refers to after something like this happened. How that was the worst day in his presidency, when he went to meet with those families, so it's an issue that the president -- we see him become emotional, we see him get angry, he's expressed frustration, we expect to see more of that come out today. I mean how can it not, really, when he's standing there among survivors and families of victims.

So, I mean, we're going to be watching with great interest to see how he frames this all. There's so much emotion involved. There is so much politics involved. So around 4:00 this afternoon, after he has these meetings that's when we'll hear from him directly, express his feelings on this. From the White House, we don't expect this to be really a lengthy prepared or involved speech, more of him speaking personally and emotionally after having these conversations with these people who are so close to what happened only days ago, Ashleigh.

BANFIELD: The Vice President Joe Biden seated beside the president in the limousine on the tarmac in Orlando, Florida, just having arrived, just having touched down. The two of them traveling separately to Orlando, but as you mentioned earlier Senator Marco Rubio flying on board Air Force One with the president with Representative Corrine Brown from Florida who represents the Orlando area. should be noted as well when the president descend from the staircase it was hard notice and hard to see behind the vehicle but he did hug, it appeared to be Buddy Dyer the mayor of Orlando. And it appeared that he also hugged Teresa Jacobs the mayor of Orange County, Florida, shaking hands with other members of the party. But there are a couple of things on the agenda that you should know about. The meetings that are scheduled include nurses, EMTs, some of the doctors who performed miraculously that night, some surgeons who worked for hours upon end as victim after victim came in through their E.R.s, many of them have recounted some of the horrifying details, the amount of blood that they were forced to have to work through during all those hours.

He's going to be meeting with some of the family members of those who were killed and also some of the survivors of those, of that terrible attack, that massacre, inside the Pulse Nightclub.

Michelle, I know that this -- as you said it was hastily organized. But do we know where he's headed as soon as he leaves this tarmac. Where he goes first?

KOSINSKI: Actually, I don't think that we do know the exact location. I mean they've sort of given us descriptions of the types of places he could go. Some of that though was off the record for planning. So I don't want to talk out of turn here. We'll just have to wait and see what these locations are looking like. I mean these conversations are going to be so private that we're not going to see a lot of video either. It's going to be very limited. And until we see the president speak at 4:00 p.m. we're not going to really hear a lot coming out of this.

It's one of those days where the White House wanted to keep it as private as possible. Then let it play out until we heard the president's remarks at 4:00 p.m. Very emotional day.

You know, Ashleigh, it's been remarkable. And we're standing here in Washington. It's easy to look at this and sort of speak in the technical terms of it, what is he going to do, where does he going to go, yes we've seen him do this many times before. There are similarities even in these kinds of visits the president has made.

But I think what touches you is when you see the hugs at the end of the staircase there, how much emotion is still in that community. We've heard that time and time again from our correspondent there's on the ground. But you know that the officials, that the president and vice president, those traveling with him, they are feeling that emotion today too.

So it was sort of a delicate balance the way they organized this, wanting to keep that emotion there and respect it. Keep these conversations private. But also then to share this with the rest of the world who is obviously watching this closely.

BANFIELD: Yeah, as the procession of well over a dozen vehicles surrounding the president's limousine leaves the tarmac, you can see the flags that are flying on the limousine carrying the president and the vice president. The president having said through his spokesman, Josh Earnest, that effectively he will be there on behalf of the American people, that he is offering a message of solemn responsibility to the American people that he brings with him to the community of Orlando. Also saying that the president's life has been personally touched by his interactions with the people who've endured these terrible tragedies and says that he himself in the past has indicated he draws on his faith as he considers fulfilling these kinds of responsibilities.

[13:00:04] As we watch the president depart Air Force One in the -- now in the background of this image here now, seeing, I'm going to turn things over to my colleague Wolf Blitzer.