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Explosions After Crude Oil Train Derails; If DHS Shuts Down 53 Percent Would Blame GOP; Interrogation Video at "American Sniper" Murder Trial

Aired February 17, 2015 - 06:30   ET

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

(COMMERCIAL BREAK)

ALISYN CAMEROTA, CNN ANCHOR: Investigators on scene of that West Virginia train derailment this morning, it caused two big explosions. The train was carrying crude oil when nearly 30 cars veered off the tracks in Fayette County, sending the oil into a river that is a source of drinking water.

CNN's Rene Marsh joins us from Washington with more.

RENE MARSH, CNN CORRESPONDENT: Well, at this point, Alisyn, we know this morning, investigators, federal investigators -- they are on their way to the scene in West Virginia they're trying to get to the bottom of what caused this fiery explosion.

(BEGIN VIDEOTAPE)

ALEX FANDOR, WITNESSED EXPLOSION: We saw the train explode and it shot up a mushroom cloud about as high as the plume is now, like that.

MARSH (voice-over): In just moments, West Virginia resident Alex Fandor takes a step back as another giant fireball erupts into the sky.

A train carrying crude oil derailing, causing multiple explosions on Monday afternoon, the blasts continuing into the night, sending clouds of fire and smoke into the air. One home destroyed, one person injured. And around 1,000 people displaced.

UNIDENTIFIED MALE: I consider myself lucky, because you know, got somewhere to go, anyway. We're going to make our way someway.

MARSH: West Virginia, Earl Ray Tomlin issued a state of emergency for two counties, residents urged to conserve water after oil from the train spilled into a nearby river, a source of drinking water. Nearly 30 of the train's more than 100 cars ran off the tracks, but authorities still aren't sure what caused the derailment.

LAWRENCE MESSINA, SPOKESMAN, W. VIRGINIA DEPT. OF MILITARY AFFAIRS AND PUBLIC SAFETY: We've had some severe winter weather conditions here with significant snowfall. We don't yet know whether that's a factor in this.

(END VIDEOTAPE) MARSH: Well, firefighters are still working on the site, they're trying to remove the unaffected rail cars from the scene. But they're really worried about a few potentially explosive cars that could still pose a risk -- Michaela.

MICHAELA PEREIRA, CNN ANCHOR: So, not completely out of the woods yet.

All right, Rene, thanks for that update. We appreciate it.

Leaders from around the world are searching for ways to curb extremism at the White House today. It is the start of the three-day summit on stopping home-grown radicalization. Vice president addresses the group today. The president will speak tomorrow. All parties are said to be looking for a strategy to prevent terror groups recruiting or inspiring acts of violence. This comes amid recent terror attacks in Paris and Denmark.

CHRIS CUOMO, CNN ANCHOR: There's no question it's a good time for the summit. Because you think the White House is off-base. A new CNN/ORC poll finds more than half of Americans, 57 percent do not approve of the way the president is handling is. That's a jump from 49 percent in September. And Americans are hardening their resolve to fight. A strong majority says Congress should approve President Obama's request to use military force against the terrorists, about 50/50, about boots on the ground, though, that's a key one.

So leaders lean hard on polls these days. We're going to give you the other key info in new numbers coming up.

PEREIRA: At least ten policemen are reportedly dead after four suicide attackers struck a police headquarters in Afghanistan. According to "Reuters," the attack happened east of Kabul. There are reports that the suspects, wearing police uniforms. This is the latest assault local security forces. So far, no group has claimed responsibility.

CAMEROTA: Well, another black eye for Lance Armstrong, the disgraced cyclist has been ordered to pay $10 million to a sports insurance company that paid Armstrong bonuses for winning the tour de France. An arbitration panel says Armstrong lied under oath to secure millions of dollars in benefits after denying he used performance-enhancing drugs.

PEREIRA: He was on top of the world for so long.

CAMEROTA: The cover-up is worse than the crime.

PEREIRA: Yes.

CAMEROTA: It often ends up. Too bad.

All right. Moving on. We're tracking the latest developments in the American sniper trial. So, we'll tell you what the death, Eddie Ray Routh, says about the murders.

(COMMERCIAL BREAK)

CAMEROTA: Congress has just 11 days to approve funding for the Department of Homeland Security before the department is forced to shut down.

CUOMO: And we have a new poll. CNN/ORC released shows that Americans will blame the Republicans in Congress, not President Obama, if the shutdown actually comes to pass. Why?

Well, let's discuss it.

CAMEROTA: Let's bring in CNN political commentator and Democratic strategist, Paul Begala, also, a senior adviser for the super PAC Priorities Action, and CNN political commentator and host of the "Ben Ferguson Show", Ben Ferguson.

Gentlemen, thanks for being here.

BEN FERGUSON, CNN POLITICAL COMMENTATOR: Good morning.

PAUL BEGALA, CNN POLITICAL COMMENTATOR: Thanks, Alisyn.

CAMEROTA: OK. So, guys, we just showed who the public would blame if the Department of Homeland Security were to shut down and they would blame the GOP in Congress more than they would blame the president, 53 percent to 30 percent.

Ben, why then would Republicans want to do something self-destructive?

FERGUSON: I don't think they look at it as self-destructive. I think they look at it as the president of the United States has overreached his powers. A judge yesterday actually sided with more than 26 states saying, on executive action on amnesty for illegal immigrants in this country, the president probably overstepped his bounds.

So, there's not only -- you know, the American people that says it's an issue, but also a judge is backing them up. But more than that, it's easy to hate on Congress, it's a local issue. If you're a congressman or a senator, can you defend this vote or this action? And the answer is many of them believe: yes, they can, because they were sent to Washington to do exactly this. To take the president on on something he overreached his powers on.

Something that the president even said he couldn't do multiple times, as president and then chose to do it. So, I don't think they're worried about it it's easy to hate Congress, we have a new Congress. And everybody still hates them, and some of these guys just got there.

CUOMO: That's because they're still doing the same thing, my brother. You said shutdown is a mistake. I've heard you say it before. It was a collective understanding and now, you're using the same tactic to deal with something that has nothing to do with homeland security. Whey are you doing the same thing now that you're in power?

FERGUSON: I don't think it's the same thing. I think it's pretty simple -- CUOMO: Shutting down.

FERGUSON: If you shut it down, there's a couple of things, the essential services are still going to move forward. So, let's not overstate how drastic this is not going to be. You're still going to have the core things. It's only nonessentials that would not come to work.

Then second thing, you're going to get back-pay as well. The president of the United States overstepped his bounds, and when he refuses to play by the rules you have to take measures to fight back. And guess what? Republicans were sent there to do exactly this -- fight with the president on issues where he overstepped his legal bounds. A judge said so yesterday.

CAMEROTA: OK. Paul, let me show you the next poll. That sort of illustrates what Ben is talking about in terms of it being essential or nonessential. You know, the director of homeland security, Jeh Johnson, said this would be a terrible disruption if the DHS were shut down. It would cause everyday Americans to be hurting.

Well, that's not necessarily what everyday Americans think, 55 percent do believe it would be a major problem, 45 percent call it a minor problem or no problem. Which is it, Paul?

BEGALA: Well, first off, the majority of Americans will have before it's even happened think it's going to be a major problem or a crisis and they are right. Ben is right that the vast majority of homeland security employees are essential, of course, in defending the homeland and protecting us. So, they will have to report.

Here's a thing -- it costs us more money, it will degrade morale. We'll lose a lot of supervisors and the big thing that actually will not happen is a lot of aid to states where a lot of this action is.

It's a foolhardy move to shut down homeland security when we face real threats, just because the Republicans don't like what the president has done on immigration. They could pass a law, fund homeland security and then pass a law that says we repeal the president's executive actions, we can fight about that honorably without trying to shut down homeland security, because they hate what the president has done on immigration. It's bad policy, and also bad politics.

CUOMO: You know, Paul Begala --

FERGUSON: Let me ask --

CUOMO: Hold on a second, Ben, because I need to insult myself. I was -- I don't know if you watched the quiz show last night, but clearly, I know very little about presidential history. That's why I need to sit next to Alisyn, who was the big winner.

But I did learn this, if you don't know how to work with Congress, you will have nothing but trouble. Let's put up the next poll number -- the main focus of U.S. immigration should be legal status of immigrants, 49 percent, border security, 49 percent. FERGUSON: Look at that.

CUOMO: The people want these things addressed and equal measure. The president has taken a very oppositional view. And now, you will get nothing but opposition. He has to do better, yes or no?

Ben, you can answer it.

FERGUSON: The answer is yes. And I think Democrats in the Senate real quick, one of the big things is they're the ones blocking an up or down vote on this. It's already gone to the Democrats. They refuse to let it come to a vote.

So, let's not just blame the Republicans for this. They could vote on this. If they had the votes to shut it down, then guess what? It's a big win for Democrats, but I don't think they have the votes, which is why they're never going to allow it to come to vote.

CAMEROTA: OK, Paul?

BEGALA: Look, what the Republicans are trying to do here is stop exactly what the American people want. The poll is right. The American people want better enforcement and they want normalization of folks who are already here. That's what the president's bill does.

Now, frankly, I shouldn't call it will president's bill unless you talk about President George W. Bush and John McCain. This is their bill. Barack Obama just basically embraced what used to be the Republican approach.

CAMEROTA: Except the border security portion.

(CROSSTALK)

CAMEROTA: Yes, but the border security portion is equal, equal in terms of giving them a path to citizenship. So, that's not reflected in the President Obama's take on it, is it, Paul?

BEGALA: Well, he has put more boots on the ground than any president on the border, than any president since Woodrow Wilson was chasing Pancho Villa. I mean, these have plenty of enforcement. Critics have called him on the left, have called him -- you remember Pancho Villa. I wasn't in the quiz last night, but you remember Pancho Villa. Woody Wilson was chasing him around the Mexico border.

We have plenty of enforcement. The president wants more enforcement the bill that Congress is blocking has enforcement and normalization. We need a comprehensive solution. It is true, the president's executive alone cannot do it.

CAMEROTA: Ben we've got to leave it there, Ben Ferguson, Paul Begala, we're out of time. Thanks so much for the debate. Great to see you guys.

FERGUSON: Thanks, guys. CUOMO: All right. So, we've been following the "American Sniper" trial closely. It's all about the video that just got played in court. This is it. This is the "American Sniper" defendant, Eddie Ray Routh, confessing, all right now was this so big? Because it will show where his head was after the event. But here's the surprise -- it really can work for both sides. And we'll tell you why.

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CUOMO: Welcome back to NEW DAY.

A key piece of evidence any way you look at it was introduced at the "American Sniper" murder trial. Jurors saw this video, we're going to put it right now. Judge says we can't let you listen to this. But you can see it.

This is Eddie Ray Routh's interrogation and confession. Routh just rambles on about the murder. Not only does he give all the information, but it's how.

He says that he knows what he did was wrong. Now remember, that we're going to tell you why. Because that's going to loom very large here.

We're going to bring in Paul Callan right now. He is not just a CNN legal analyst. He's a senior partner at Callan Legal and former New York City homicide prosecutor and criminal defense attorney.

Paul, I know you're feeling good about yourself right now because you think you're alone. But you're not.

Joey Jackson made it through the snow, come on out. We need my brother.

PAUL CALLAN, CNN LEGAL ANALYST: Here we go.

CUOMO: But you can't stand next to me. It's too prejudicial. So, go stand next to Paul.

All right. So, we got Joey Jackson here. Thank you for making it in from the snow.

You know the deal on all of this. You have to look at before, during and after. That is the key components of this. All right, now, let's look at before, all right?

The first thing that the prosecution put up, and Paul you're going to tell us why they would put up all this stuff in a second. Chris Kyle's voicemails.

All right. So, Joey, when hear them as the defense attorney, what does Routh sound like in those voicemails to Chris Kyle before any of this happened?

JOEY JACKSON, HLN LEGAL ANALYST: All right. What happened is that three of those calls are very innocuous, he's just simply calling, he's leaving messages and you can't really determine anything from them.

There's one call, however, Chris, that's quite disturbing. He's talking about the rain, it's a sad day, it's a good day, it's a bad day. As a result of that, you know that something is a bit amiss, and I think that's the call that the defense is going to use to have it work in their favor to show he didn't know right from wrong.

CUOMO: Why would you, Mr. Prosecutor, put any of this on when on its face, it doesn't seem good for you?

CALLAN: Well, it's called taking the sting out of bad evidence for you. They know -- the prosecutors know that defense attorneys, these are smart defense attorneys, are going to be putting all of this stuff in front of the jury, and they're trying to get it out so that they can explain it to the jury in their own way and present it in their own way. That's why prosecutors do this.

CUOMO: Now, into the mix doesn't get you out of a crime in Texas or anywhere else, but there is proof from Routh himself, I was using marijuana, I used to smoke with this guy, I needed to take the edge off, I needed booze, it will go into the mix. No need for legal analysis of it, you understand at home how it will go to what a state of mind was. But it is not an excuse under law.

So, then we get into what it was like at the scene. The officer is there and he's talking about Routh's mood, this is during the moment so we know beforehand he had these problems, now he's there. What do you see there, Joey about what the officer relays?

JACKSON: Well, listen, the bottom line here is this, what you have an officer that approaches, you have a compliant Routh, gets out of the car. But he's not compliant initially.

Generally, we have to go back, because usually when you flee the scene, Chris, it shows consciousness of guilt. Why are you leaving? Because I know something is wrong. But then, of course, when he ultimately is caught up to. Now, you have ramblings, you have musings by someone who apparently is psychotic.

And I think the ramblings and musings by psychotic person is going to be used in the defense's favor.

CUOMO: Now, Paul Callan told me something that changes the analysis here. We've been talking about insanity is hard because people don't want to give it to you, you have to show nature, appreciating nature and the consequence of your actions. Not in Texas, though, Paul Callan, what do they need?

CALLAN: You know, in the aftermath of the John Hinckley case, when John Hinckley shot President Reagan, there was outraged that he was found not guilty by reason of insanity. Texas responded by enacting a law that is the most impossible insanity mountain to climb. It says only one thing. If you know the difference between right and wrong, you are not insane, and you're going to see them return to that theme time and time again in this case. CUOMO: I'll tell you what, though, Joey, here's why, let's set it up.

His confession, it's all in, you would think for the defense, boy this poor guy, he is mentally ill. What he did is horrible, he took two Americans that were beloved, doing good things with their lives, he's clearly not right. He keeps saying again and again and again, I knew it was wrong, I had to do it. Here's why I had to do it, I know it was wrong, but I had to do it.

JACKSON: But let's evaluate that in context, he does say, I knew what I was doing was wrong. He's also rambling about pigs. He's rambling about the fact that, you know what, the reality here is I don't really know what I'm doing. Why don't I know what I'm doing?

Because he's making all of these statements that demonstrate he's not lucid, that he's not rational, if I didn't take their souls, they would take my souls. He's admitting, I know right from wrong. But does he really? That's what we have to understand.

CUOMO: Final point?

CALLAN: The prosecution finishes with two big points. One, this rambling may be related to drug and alcohol use, and that's no defense in Texas, OK? Number two the one thing he always says is, I know the difference between right and wrong. I knew it was wrong when I killed them. So prosecution puts some points on the board, even though it was kind of a bad day for them.

JACKSON: He also asks for his mother during the actual interrogation. And so, I mean how many people are doing that at his age? So, I really think based upon the things that he was saying in the confession, it really plays in the defense's favor.

CUOMO: Well, I'll tell you what, not just because you made it through the snow, Joey, but I am giving this day to the defense. Because I believe this is as good as it gets. They only get one mark off from me on this day, which is they're very keen on using PTS as this incendiary motivation to violence. PTS is not known for that we will have clinicians coming on to talk about what post-traumatic stress is, it does not make people violent, it makes people withdrawn. And I think they may get bitten by that.

But this is the best it gets for them. So, today, we think that the defense is making its case a little stronger.

Paul Callan, thank you very much.

Joey Jackson, herculean efforts to get in. Appreciate it.

Now be sure to join us tomorrow night, because we're going to show you "Blockbuster", that's the story behind the story of "American Sniper." it will help you understand this case and who's involved a little bit better. That will be tomorrow at 9:00 Eastern here on CNN.

This trial matters, there's a lot of news for you this morning, so please, let's get to it.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Horrific scenes, one after another.

UNIDENTIFIED MALE: This is a cult. ISIS is clearly in communication with others who have taken on the ISIS name and the ISIS brand.

UNIDENTIFIED MALE: Congress should give the president the authority in this fight.

UNIDENTIFIED MALE: We're standing on the river bank when we saw the train explode.

UNIDENTIFIED FEMALE: Residents urged to conserve water, 1,000 people displaced.

UNIDENTIFIED MALE: I'm trying to get home, I just had a blow-out on the freeway, I was able to pull in here.

UNIDENTIFIED MALE: Even if I had to walk to work, which I've done in the past, I will walk to work.

UNIDENTIFIED FEMALE: Trying to get out of here before it gets worse.

ANNOUNCER: This is NEW DAY with Chris Cuomo, Alisyn Camerota and Michaela Pereira.

(END VIDEOTAPE)