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New Day

Charlotte Police Release Video and Photos of Shooting; Trump and Clinton to Face Off Tonight. Aired 6:30-7a ET

Aired September 26, 2016 - 06:30   ET

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

CHRIS CUOMO, CNN: Charlotte police releasing dash cam and body cam video of Keith Scott's shooting, Scott's widow also releasing her own cell phone video from that day. But there are still questions about exactly what happened during that deadly encounter.

So, we want to bring in CNN legal analyst, former federal prosecutor and former trial attorney for the civil rights division of the Department of Justice Laura Coates.

Laura, thanks so much for being here. I know that you've watched...

LAURA COATES, CNN LEGAL ANALYST: Thank you.

CAMEROTA: ...these videos. So, let's let our viewers who may not have seen them take a look. This is the dash cam video.

Obviously, it's incredibly disturbing, particularly since we know the outcome. But it is -- it is helpful on some level that you see that the police here, they're taking cover.

They're -- they're clearly nervous about whatever they see in the car. But then in the left side, you see Mr. Scott, he exits his car.

And he walked backwards, which we can assume that they were instructing him to do before he was shot. What do you see, Laura, in this video?

COATES: You know, what I see is similar to what the chief mentioned about this being inconclusive as to whether he had a gun. I don't see one.

I also see that he's more passive than they have alluded to in the past. I don't see his arms raised or any of the sort of (ph) of gestures.

But I do, as you're right, see the officers are taking some precautions, which leads me to believe there is some basis for them to feel as though they should take cover. But Alisyn, one of the most interesting parts of this video, not to mention we can't see the whole thing, is the fact that it does not really exonerate the officers.

It's a lot -- it's -- it's fast-paced. We don't see everything we need to see. And it does not tell me conclusively whether the shooting was justified.

CAMEROTA: Laura, it's so confusing, I mean, to the lay person looking at this because Mr. Scott does not appear to be aggressive.

COATES: Right.

CAMEROTA: He's not acting a -- they weren't there looking for him. He was minding his own business, waiting, we're told, for his children at a bus stop.

So -- but let's give the police the benefit of the doubt. If Mr. Scott had a gun, then is there -- are their actions justified?

COATES: Well, if he had a gun and that is debatable right now. We don't know from the actual video alone, but if he had a gun, we definitely, as a society and in the courts, give officers the benefit of the doubt to decide whether or not they felt that they were reasonable in their fear of the necessary to (ph) use lethal force.

But here is the problem in this case. We judge reasonableness by one officer based on what other officers who were in the same situation may do, normally as a hypothetical officer.

But in this case, you've got about four other officers who were on the scene who did not shoot or shoot or kill Mr. Scott. And so, what you have here from the video, as you see, he's walking backwards and looking towards over his right shoulder at two officers.

Those two officers do not shoot. It's not Mr. (ph) off-screen. And it's kind of odd that the officer who is shooting is not the one that would have been perhaps in the most immediate danger here.

But if he had a gun, it's a very difficult case for a grand jury and certainly at trial to either indict or convict. But frankly, Alisyn, not impossible with just the video alone.

I've got to see more. That's what the chief has alluded to. There must be more that shows or confirm that Mr. Scott really did pose a lethal threat.

CAMEROTA: I don't know, Laura, because from the videos that we've seen, the dash cam video is no more, I mean, that -- that was the dash cam video. There was another camera that was a body cam, no more conclusive...

COATES: Right.

CAMEROTA: ...when you have his wife who took the cell phone video and we can -- this is the body cam, which you can see the police are clearly acting urgently. They're running up to the scene.

But you still can't tell what they see. We never see anything in his hand. And then you have his wife's cell phone video, which is really heartbreaking because there's audio.

(UNIDENTIFIED FEMALE): There is no weapon.

COATES: There is.

CAMEROTA: So let me pause for a moment so the people could see. He's -- she's telling the police, he has no weapon. He has no weapon.

(UNKNOWN): Don't shoot him. Don't shoot him.

CAMEROTA: But you hear the police saying, gun, gun -- drop the gun. So Laura, what are you to conclude here?

COATES: Well, again, the wife's video, her vantage point is farther back from even the dash cam and body cam video. So we don't know what she's able to see in his hands or not.

But her statements, combined with the fact that the officers are really saying to drop a weapon, certainly suggests that there may be a weapon on the scene. But remember, Alisyn, even though the video is inconclusive, there actually is more evidence out there.

If we didn't have this video footage, as a prosecutor, what would I be looking for? I would look for things like what were the other eyewitnesses seeing?

Were there civilians? Were there other officers on the scene? What are they telling me is actually there to make that -- bridge that gap there?

But in and of itself, the video does not...

CAMEROTA: Right.

COATES: ...conclude whether he had a gun or that it was justified.

CAMEROTA: Right. I mean, and -- and police say that they did find a gun at the scene.

COATES: Right.

CAMEROTA: They took a picture of that. But then, you know, the public is skeptical of even that contention.

COATES: Yes.

CAMEROTA: So, Laura Coates...

COATES: They are.

CAMEROTA: ...thank you very much for helping us. Look at this and the challenges that it will pose for law enforcement. Thank you.

COATES: Thanks.

CAMEROTA: Well, as we know, he is unconventional and even more unpredictable. Who am I talking about? Donald Trump. He is hoping that his shoot from the hip style serves him well tonight.

Again, it's Hillary Clinton. But it's possible that he won't. So, we'll discuss what to expect with Congressman Peter King, that's next.

(COMMERCIAL BREAK) (BEGIN VIDEO CLIP)

CLINTON: He is unqualified to be president.

TRUMP: Hillary Clinton lacks the judgment.

CLINTON: The scams, the fraud...

TRUMP: Hillary Clinton has evaded justice.

CLINTON: He clearly has something to hide.

TRUMP: Her conduct is disqualified.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

CUOMO: Hillary Clinton and Donald Trump set to face off for the first time. This debate stage tonight will be the site of history, Republican nominee hoping his unpredictable style will be an asset against his opponent.

Let's take a look at some of Trump's bombast in the past.

(BEGIN VIDEO CLIP)

TRUMP: First of all, this guy is a joke artist and this guy is a liar. I'm relaxed. You're at my bar (ph).

(UNIDENTIFIED MALE): You're the basket case.

TRUMP: This little guy has lied so much...

RUBIO: Here we go.

TRUMP: ...about my record.

(APPLAUSE)

RUBIO: Don't worry about it, little Marco...

(UNIDENTIFIED MALE): And are friends (ph)...

TRUMP: You are the single biggest liar. We don't need a weak person being president of the United States, OK, because that's what we get if they were -- you're really getting beaten badly. I know you're embarrassed.

I know you're embarrassed. But keep fighting. Keep swinging, man (ph). Swing for the fences.

(END VIDEO CLIP)

CUOMO: Do you think that can work tonight against Hillary Clinton with the presidency on the line? Let's discuss. Republican Congressman from New York, Peter King, he has endorsed his party's nominee, also known as Donald J. Trump.

It's good to have you.

REP. PETER KING (R), NEW YORK: Chris, always good.

CUOMO: So, that's the big concern, right, is that if you get that Trump on the stage tonight, America will see and make a judgment about whether or not that is what they want in a president.

KING: Yes, I think if anyone understands him, it's (ph) Donald Trump. So I'm confident that he will adapt and say what he has to say or project his style.

Listen, Ted Cruz is different from Hillary Clinton, Marco Rubio -- different from Ted Cruz. He sort of adapted his attacks to each opponent.

So I -- I think you'll see a -- a line of arguments and attack, if you will, by Donald Trump. Toward Hillary, it's different than the others (ph).

But again, we have to wait and see because I don't think anyone can predict what Donald Trump will do. But I think he's going to do very well.

CUOMO: Help me understand how you see the expectations. There's a little bit of a storyline going through the media that, hey, look, if he can come out and seen like behind that podium, you could envision him as president, he comes out a winner tonight.

I don't even get that conceptually. I feel that the bar is very high for him tonight that he has to come out and show that basically, everything he's done up to this point isn't who he really is, and that you should see him differently as a -- as a voter.

How do you see the stakes?

KING: The argument (ph) with that, I think, first of all, a lot of -- a lot of people like the way Donald Trump is. Well, they like that iconoclastic style.

In fact, he's willing to break the furniture. So, I think that he has to maintain as much of that as he can, at the same time, show that he has the capability to be president.

But the reason I think the debate is more opportunity for him than for her is that -- and at least (ph) I've known Hillary for years, the fact is that for (ph) 25 years, people don't trust her. Rightly or wrongly, that's the reality.

There is a significant number don't trust her. Donald Trump, people have questions about him. But tonight, I think his questions are actually (ph) going to show leadership -- can you (ph) show a good knowledge of what he has to talk about?

And can he conduct himself the way a president should? That's -- he has 90 minutes to do that. He can turn it around. I don't think she can turn anything around in 90 minutes.

CUOMO: Where does the confidence come from that he sizes up better than she does in terms of that character contest? I know what the polls say. I know what it is with her.

We can name them...

KING: Right, right.

CUOMO: ...what it is that people have problems with. With him, it seems to be on a daily basis. He can say something that make people think...

KING: Yes.

CUOMO: ...this guy has no business in the game. Let's be honest. You're backing him because he's your party's nominee, not because you were a Trump supporter before that point.

You're doing what you think is right for the party, not because you're in love with him. Fair point?

KING: Well, not just a party. No, the fact is I -- did (ph) support Bush and I supported Rubio. But the fact is I do believe at this point in time, whether it's on the military, whether it's on police, whether it's on just providing general leadership, that Donald Trump is better than Hillary Clinton.

So I -- I am supporting him. It's not just because he's the nominee. At this stage, with these two candidates, I am supporting Donald Trump.

Now, I just believe that he has shown an ability to communicate with the American people, to reach out there. And, again, whether it was 17 opponents, whether it's four opponents, three opponents, two opponents, somehow, he was always able to do what had to be done and on stage.

And tonight, he's on the biggest stage of his life. The whole world is watching.

CUOMO: You're not worried that he can pop off tonight if he gets a little tight, if she gets under his skin, if he doesn't like the moderator, and you will go right into apology mode as you've had to in the past?

KING: If -- everyone is worried on both sides. That's why the whole world is watching this. And again, with Donald Trump, you don't know what he's going to say from moment to moment.

But somehow, he always lands on his feet. Listen, all of us have given him advice. "He's done everything wrong," quote, unquote politically.

And yet, he's the guy that's standing. He's the one who's winning. So who's right and who's wrong? So far he's been proven right. CUOMO: What did you make of this lead-up, the intrigue where Clinton

brings in Mark Cuban, right? He's an antagonist of Trump.

KING: Yes, right.

CUOMO: Put him in the front row. And then Trump, himself -- not the campaign -- Trump says...

KING: Yes.

CUOMO: ...how about I invite Jennifer Flowers? That's the kind of thing that makes you question whether or not he gets what being a president is about. Why would he engage in that kind of pettiness?

You wouldn't. You wouldn't engage in that kind of stuff?

KING: I would say it's to get into Hillary's head and just do it, drop it, then walk away from it, then act, why everybody is so concerned. I think it's all part of the showmanship, which is also part of the new age of politics we're in right now.

I think he's able to combine both. He's able to use the concept of reality TV but yet, show why he should be a world leader.

CUOMO: Congressman King...

KING: Chris, thank you.

CUOMO: ...an optimistic expectation. We'll see what happens because tonight, the proof will be in the pudding. It's great to have you.

KING: And I know I'll be right and you'll be wrong.

CUOMO: Let's say (ph) -- it wouldn't be the first time -- wouldn't be the first time. All right, so, the two candidates -- how have they been getting ready?

We're going to have to put that in quote because with Donald Trump, we hear he hasn't wanted to prepare for this debate the way we're used to seeing candidates do it. What does that mean?

That means that his team and maybe even Donald Trump himself won't really know what's going to happen when this goes off tonight at 9 p.m. What has Clinton done to be ready tonight? We have a supporter, next.

(COMMERCIAL BREAK)

CAMEROTA: Hillary Clinton, we're told, spent her weekend preparing for the first debate against Republican rival, Donald Trump. Her campaign says Clinton took part in mock debates and tried to study Trump's personality and past performance.

(BEGIN VIDEO CLIP)

TRUMP: Excuse me, one second. (CROSSTALK)

BUSH: No.

TRUMP: I didn't want to (ph)...

BUSH: The simple fact is, Donald, you did not take...

TRUMP: ...more energy tonight, I like that.

You are the single biggest liar. This guy will say anything -- nasty guy. Now, I know why he doesn't have one endorsement from any of his colleague.

(APPLAUSE)

I never attacked him on his look and, believe me, there's plenty of subject matter right there.

(LAUGHTER)

(END VIDEO CLIP)

CAMEROTA: Joining us now is democratic congressman from Connecticut, Jim Himes. He has endorsed Hillary Clinton.

Congressman, thanks so much for being here.

REP. JIM HIMES (D), CONNECTICUT: Good morning.

CAMEROTA: How did -- when you watched that, does it make you nervous to see how Donald Trump will go for the jugular against his opponents?

HIMES: You know, it -- it doesn't actually. In fact, it makes me -- it makes me remember the famous debating moment with Hillary Clinton and Rick Lazio. Remember Rick Lazio crosses the stage very aggressive.

What you just saw was unbelievably aggressive. And remember that Donald Trump has never gone one-on-one in a debate with anybody, much less with a woman.

So I think there's huge risk if he goes after her in that fashion, that an awful lot of, in particular, women, are going to say, holy smokes, that's out of -- that's out of bounds.

CAMEROTA: So how do you think tonight is going to go?

HIMES: Well, I -- I happen to think that -- that, you know, obviously, Secretary Clinton has done this before a lot. She's a fairly known quantity (ph). She's not a volatile personality.

There's mistakes that she can make but you know, Donald Trump is volatile.

(CROSSTALK) CAMEROTA: Such as -- I mean, what do you think would be some of her

mistakes?

HIMES: I think the downside for her as a secretary is if she somehow gets drawn in and sort -- in a lapse of discipline, gets drawn into some sort of shouting match with Donald Trump, if she goes to where he lives on that issue, I think that's not a win for her. She needs to appear presidential, calm, all that stuff that she does naturally.

Donald Trump, on the other hand, you know, what a volatile character. You just don't know who's showing up at the debate tonight. And remember that debates are not won historically.

They're lost. Somebody makes a mistake, they respond poorly, do a zinger (ph), if -- if Hillary shows discipline, I think she's going to be fine tonight.

CAMEROTA: The estimates are that a hundred million people might be watching tonight. The numbers would be astronomical. But of course, both Hillary Clinton and Donald Trump are playing to that swath of undecided voters out there, who are not already set in their minds of who they're going to vote for.

So what could win them over tonight?

HIMES: Well, I think it's a really good point because the kind of antics that thrilled the Republican primary electorate, you know, all these sort of name-calling and just, you know, crazy ideas, the misstatements to put it kindly, that -- that Trump has made, that doesn't appeal to that crew of people. So what wins it?

I think if Secretary Clinton can show her human side, you know, really put some emotion out there so that people relate, that's a huge win for her. Then, she just needs to look presidential.

Quite frankly, the -- the Donald Trump win is that if he does something that we have not seen from Donald Trump for a long time, frankly, forever, which is to act presidential, to -- to come off as a person who under, you know, under a tremendous pressure in the oval office would respond carefully and deliberately. You know, I don't know if he'd got that in him.

But obviously, if he can send that message tonight, that's going to make a bunch of people like me worrisome.

CAMEROTA: Hillary Clinton has done this a lot. She has studied, we're told, a lot. She has debated, been in something like 40 maybe one-on-one debates in her political career.

So let's watch some of her style and her moments now.

(BEGIN VIDEO CLIP)

CLINTON: I think it's important we put this in historic context. United States has, unfortunately, been victimized by terrorism going back decades. In the 1980s, it was in Beirut, Lebanon, under President Reagan's

administration and 258 Americans, Marines, embassy personnel and others were murdered. We also had a tax on two of our embassies in Tanzania and Kenya, when my husband was president -- again, Americans murdered.

(END VIDEO CLIP)

CAMEROTA: Look, I mean, the thinking -- the conventional thinking is that on policy, she has got it called (ph). She's got it down. She knows that sort of stuff.

But you know, in terms of zingers and in terms of style, that he might score some big points.

HIMES: Well, you know, that clip you just saw, Hillary Clinton did a couple of things that Donald Trump can't do. She remembered the number of people who were killed in that terrorist bombing.

And she named Tanzania and Kenya -- two countries that I'm pretty sure Donald Trump has never heard of. And so, you know, so long as she sticks to that sense of I really command the facts, I understand the issues, I've been to these places, and if he acts as he has, and debates past (ph), if he gets ruffled, if he gets angry, there's going to be a profound contrast in the eyes.

You asked about the swing voter -- there's going to be a profound contrast as people say, which one of these people is best equipped to -- to guide the country.

CAMEROTA: It'll be fascinating to watch.

HIMES: It sure will.

CAMEROTA: Thanks so much for your perspective. Congressman Himes, thanks for being here.

HIMES: Thank you very much.

CAMEROTA: OK, it is go time. Hillary Clinton and Donald Trump set to square off tonight in the first one-on-one debate. How did they prepare this weekend?

We'll ask their campaigns ahead on "New Day."

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

CLINTON: I'm a progressive who likes to get things done.

TRUMP: What do you have to lose? I will straighten it out.

(UNIDENTIFIED MALE): We are in the home stretch now. We're going to make history on November 8.

TRUMP: She'll be a horrible president.

(UNIDENTIFIED MALE): Donald trump -- a leader who literally embodies the American spirit.

CLINTON: Do you really think Donald Trump has the temperament to be commander-in-chief?

(UNIDENTIFIED FEMALE): Hillary Clinton's casual relationship with the truth is well-known to Americans.

(UNIDENTIFIED MALE): Nobody knows which Donald Trump is going to show up.

TRUMP: I look so forward to the debate with Hillary.

CLINTON: There is no new Donald Trump. This is it.