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Death Toll Rises, 152 Still Missing amid Search for Survivors; CNN Reports, Trump Lawyers Meet with Prosecutors Today in Last Chance to Convince Them Not to Pursue Charges; Biden Orders Airstrikes on Facilities Used by Iran-Backed Militias. Aired 7-7:30a ET

Aired June 28, 2021 - 07:00   ET

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

[07:00:00]

JOHN BERMAN, CNN NEW DAY: Welcome to our viewers here in the United States and around all the world. It is Monday, June 28th. I'm John Berman in Surfside, Florida. Erica Hill with me in New York this morning.

Frustration, desperation growing by the hour as the painstaking search for survivors in the rubble of a condo building collapse stretches now into its fifth day. At least nine people are now known dead, 152 people still unaccounted for, 152.

On Sunday, buses brought families of missing to the site where they could view the pile and see the rescuers at work. and we're now learning about the building's past and concerns, concerns that existed for years about some major structural issues. An engineering report from 2018 details significant cracks and breaks in the concrete. New reporting focuses on the base of the 13-storey condo tower. Engineers have told The New York Times that an initial failure there at the base, maybe at the pool level or below, could have triggered a structural avalanche.

The tragic collapse has prompted inspections at neighboring beach side buildings and nearby towns and, frankly, across the country. The husband of one of those still missing tells The Miami Herald that just before the condo fell, his wife called him frantic about the building shaking and said she saw the area around the pool cave in and then the line went dead.

I'm joined here now by CNN's Rosa Flores, who has been here since the morning of the collapse itself. Rosa, in this 2018 engineering report, which said there were problems in this building, more and more seems to be coming to light.

ROSA FLORES, CNN CORRESPONDENT: You know, it is. And one of the big questions, of course, is also how is that impacting the search and rescue efforts because that's what is really important right now, is the saving of lives. I actually asked the fire chief about that. Because, as you said, there is this focus on the pool area, the base. And if you read that report, it makes it very clear that that's one of the biggest issues. It says that the waterproofing around that pool is beyond its useful life. And so when you read that there is major structural damage, that there are patched repairs deteriorating and exposed rebar, it really raises questions about who knew about it and when. And we have been trying to ask those questions through the weekend, John, to try to get answers because it's important to know for accountability purposes.

Now, as for what is going on right now, the search and rescue efforts, the latest that we heard from the fire chief is that they're using a grid pattern and they're using a process called delayering. And that is peeling portions of that debris. And that's why we're seeing large pieces of debris being pulled from the rubble.

And then there's the trench that they built. And I think this is so important because it really gives us an idea of what is happening there. According to the chief, this trench is 40 feet deep. So, that's about three stories, John. So, think about this. We know that this is a pancake collapse. It really gives you an idea of what they're looking at. It's also 20 feet wide and 127 feet long. So, if you think of a slice of a cake, it gives you a layering of what's inside.

Now, here's what is so disturbing. I asked the fire chief about this yesterday. He's been there to describe exactly what he saw. Here's what he said.

(BEGIN VIDEO CLIP)

ALAN COMINSKY, MIAMI-DADE FIRE RESCUE CHIEF: It's horrific. And that will be one word that I will say. Again, a pancake collapse is one of the most difficult collapses to deal with. The operation of what we're seeing, it is tough to describe. It's just -- you know, we don't have the void that we would be hoping for, the things we would be looking for, not that they're there, we're still looking. So, that's what I mean by horrific. It's just a very difficult, difficult situation.

(END VIDEO CLIP)

FLORES: Now, what is so concerning about what he just said is this, they didn't find voids. And you know where those voids are is where life is. And I know this is not what the families want to hear but that is what he is saying. That is what he is describing is what he saw.

Huge concern about the investigation just to leave you with this, we know that homicide detectives are working alongside the search and rescue teams. That's important because the families are going to want to know what happened. And these homicide detectives are collecting evidence as they go to make sure that the families have answers.

BERMAN: The trench is giving them space to work really for the first time too. We talked to the fire marshal who is telling us he gets a new opportunity. But as he said, the fact that they haven't found any voids, I know, something that weighs on the family.

Just to that engineering report and overlaid with the information in The New York Times and The Miami Herald are hearing from engineers.

[07:05:02]

They are saying that engineers looking at the video of the collapse saying it looks like it may have started at the bottom. It may have started at the bottom, and that's where the engineering report says that people had found, what, cracks in the concrete, issues with the rebar. What else?

FLORES: Cracks in the concrete, exposed deteriorating rebar. The waterproofing was beyond its useful life. And the way it describes it, John, it says that the waterproofing should have been in a slanted angle because you need the water to drain. If it's set in a flat space, then the water sits there, it doesn't go anywhere. It needs to evaporate in order for that water to go somewhere. That is exactly where what you're saying The New York Times reporting. That is exactly the issues they were seeing. And when you look at some of the pictures in the report, it gives you an idea of what they're talking about.

Now, back to the search and rescue mission, which is what is happening right now and which was my question to the fire chief, those are the areas that these firefighters are trying to find people alive. And so, that exposes them, as well. So, that's why they're working with structural engineers. They're making sure that they shore up the building before they go into these trenches that they're building, make sure that they stabilize it to make sure that it's safe for these brave men and women to continue to do their work.

BERMAN: And it needs to be safe. And just one more thing. If it did, in fact, start at the bottom, that would explain the pancaking, because it is not a building crumbling from the top or tipping over, it is a building falling in on itself, which would explain why maybe there are no voids there now.

Rosa, you've done a terrific reporting. Thanks so much for keeping us posted. We'll talk to you again.

BERMAN: The family of a 92-year-old grandmother, who is still unaccounted in the collapse, has discovered cherished keepsakes belonging to her in the rubble. Michael Noriega says his family found photos and a birthday card belonging to his grandmother shortly after arriving on the scene.

(BEGIN VIDEO CLIP)

MICHAEL NORIEGA, GRANDMOTHER HILD NORIEGA IS AMONG MISSING: We arrived here about 2:30 A.M. on the night that all of this happened. And while we were waiting and praying and sobbing, we were just looking at all the debris. And my father looked down, who his mother was actually in the building when this happened, my grandmother, and he actually found this. And it's a birthday card. So, she had a birthday brunch a couple of weeks ago. And, so, this is all addressed to my grandmother.

This is a picture of my grandmother and my grandfather that, unfortunately, is no longer with us. And that's my dad in the middle. Just a beautiful message in the mess of everything, it's very comforting to be able to see this because, really, what are the chances.

(END VIDEO CLIP)

BERMAN: Noriega says his family is clinging to hope that his grandmother will be found alive.

Joining me now is 15-year-old Nina Le Troadec. She lives in Champlain Towers East and saw the collapse, witnessed it from her bedroom. She also has a friend who fell several stories and survived the collapse. Nina, thank you so much for being with us.

Look, I'm so sorry you have gone through this over the last five days and I'm so sorry for your friend and her family. But, first, tell me what you saw.

NINA LE TROADEC, RESIDENT OF CHAMPLAIN TOWERS EAST: I was in my room around 1:30 and my room is overlooking the Champlain Towers South. And suddenly I just heard this huge sound and I go rushing to my window balcony because it's right there. I opened the window and I just see the second part of the building collapsing, the first middle part already collapsed and then just a cloud of dust. And we couldn't see anything. I ran to my mom who was on the other side of the balcony and made sure she was okay.

We were in such shock. We didn't know what happened. We didn't know if that was going to happen to our building. We just were traumatized. And we woke my sister up, who slept through the whole thing. We went downstairs. It was madness there. There were people screaming, crying all types of emotions there. We saw people from the remaining balconies that were still standing like just stuck there unable to go to the stairs because it's blocked or there's no stairs. And it was just really scary.

We later then went into a hotel because, you know, we didn't know if it was going to happen to our building. We just didn't know anything. And it was all just really scary.

BERMAN: It sounds terrifying. I mean, it sounds like something that almost no one ever sees because buildings aren't supposed to just fall in on themselves. So, as you saw this happening, what did you think was going on?

[07:10:01]

LE TROADEC: I didn't know. I was just -- I was -- I feel like my brain wasn't there anymore. I felt like it wasn't real. I really didn't know. I knew we had to leave though because you never know if it could happen to our building. And now, every night, I go to sleep thinking, is my building going to collapse? Like I don't think anyone should have to go to sleep thinking that. But, gladly, I know that my building is safe. It's Champlain Towers East.

BERMAN: Which was build years after the South and North. But I was going to ask you, you're back staying.

LE TROADEC: Yes, we are. BERMAN: And how do you feel about that?

LE TROADEC: The second night, you know, after the collapse, I stayed at a friend's because I still didn't feel safe. My mom and sister also stayed somewhere. My dad was in New York at the time of collapse. But the night I returned, three nights later, I couldn't sleep until 5:00 A.M. I was like crying. Like it's hard to sleep now, but, yes, just so much trauma and so much emotions, I just can't believe it.

BERMAN: I can imagine it's hard to sleep. I mean, can you get the picture out of your head?

LE TROADEC: No. That's all that's there. That's all I'm thinking about all day. I still can't believe I saw a building collapse. I still can't believe this is happening. And I just feel so sad for all the families that have been impacted.

BERMAN: You have a friend.

LE TROADEC: I do.

BERMAN: Devon.

LE TROADEC: An old friend from my old school. We used to be close. But, you know, I moved to another school after, so we got a little distant.

BERMAN: And she, Devon, she's okay?

LE TROADEC: She's at the hospital with her mom. I'm glad they survived it. I want to give her my privacy. I don't want to talk about her much, if I may.

BERMAN: Have you checked in with her?

LE TROADEC: I have, yes, I have.

BERMAN: I wanted to make sure. I know one of the reasons you want to give her her privacy is her father is still unaccounted for.

LE TROADEC: Yes.

BERMAN: So, she's going through a lot of things, like so many people are.

You were talking about how you can't get the image out of your head or having trouble sleeping. I was in New York City on September 11th and I saw -- I was headed down and it's an image I'll never forget. And you're not supposed to, I don't think, either. You're supposed to live your life and move on, but you don't forget something like this.

And so as you look now, I mean, can you see from your apartment? Can you see the rubble still?

LE TROADEC: Everything. I mean, everything, yes. It's so clear to see, you know? I just see everything. It's traumatizing. BERMAN: Do you try to avoid looking out your window or looking at it?

LE TROADEC: I mean, it's just mesmerizing, honestly. It's like I just -- I would walk in to my kitchen window and try to not look but it's just right in front of me, like a collapsed building. You never see that.

BERMAN: Do you feel safe?

LE TROADEC: Honestly, I do. We talked a lot, our building. They investigated our building. Our building is all safe. It was built 20 years later after south and east, you know? So, I honestly feel pretty safe.

BERMAN: I think we have a picture. I think you went to the beach the day before and we have a picture you took.

LE TROADEC: It was three days before, I think, but then I posted it like the day before or the day of the collapse.

BERMAN: And there it is, I'm sorry. I'm looking at the monitor to here get a -- first of all, it is a lovely picture. You have clear talent here. But the building is still standing there in that image.

LE TROADEC: It's a pretty picture, yes.

BERMAN: What it's it like to see the building in tact there?

LE TROADEC: It's unreal. I just never thought I would see that. I always looked in front of my balcony, you know, straight. I just remember looking at that building. I remember, you know, Devon's apartment and just -- I remember seeing people there, you know, and now it's just not there.

BERMAN: Just last question, again, because the investigation is still going on and people are trying to figure out how it happened. When you saw it, could you see where it was falling from? The middle section had already fallen, but could you see where it was falling from, where it started?

LE TROADEC: I'm not sure because I'm on the tenth floor and right in front of me is another small building, you know, the Solara Hotel, the blue one. So, it's hard to see like over that, but I can see everything up. So, I'm not really sure where it was like falling but I just saw the second building collapse that way towards the way of the middle building.

BERMAN: Nina Le Troadec, again, I'm sorry that you saw what you saw. I'm so happy that you and your family are okay. Please give our regards to Devon and her family.

[07:15:01]

I know you're brave. I know you have a good grip on things. Wearing a sweater in Florida, you know, you're brave. You're willing to brave the heat, so that's impressive. Thanks so much for being with us. LA TROADEC: Thank you for having me.

BERMAN: You're welcome.

LA TROADEC: Thank you.

BERMAN: As the search for survivors continues, there is new information this morning about possible signs of structural issues years before the collapse. We're going to take a look at the final harrowing moments before the building came down.

ERICA HILL, CNN NEW DAY: Also ahead, the U.S. military carrying out airstrikes along Iraq border with Syria. At least four people are killed. We have the very latest from the Pentagon.

And the 11th hour move by the Trump Organization hoping to avoid criminal charges in New York.

(COMMERCIAL BREAK)

HILL: CNN has learned that lawyers for the Trump Organization are expected to meet with prosecutors from the Manhattan District Attorney's Office today in an effort to convince them not to pursue charges against the company.

For more on this, let's bring in CNN Reporter Kara Scannell along with Early Start Anchor Laura Jarrett and CNN Law Enforcement Correspondent Whitney Wild.

[07:20:05]

So, Kara, first of all, what have we learned about this meeting?

KARA SCANNELL, CNN REPORTER: Right. So we understand that this meeting is taking place today and it is this last-ditch effort by the Trump Organization attorneys to try to ward off criminal charges against the company.

And, you know, as we reported on Friday, you know, this isn't coming to a crescendo. There was a meeting on Thursday between lawyers for the former president and the D.A.'s office where they were arguing that they shouldn't charge a company. This has to do with whether the company paid taxes on benefits to give to employees, such as rent-free apartments, company cars, and they're arguing that these charges are not normally brought as a criminal case. This is usually handled civilly.

So, the lawyer for the Trump Organization, Ron Fischetti, the told me that prosecutors did not seem receptive to their arguments that there shouldn't be charges. This is kind of a last-ditch effort to try to ward them off because sources tell us that these charges against the company and its chief financial officer, Allen Weisselberg, who is not cooperating, could come as soon as this week.

Now, Fischetti, Trump's attorney, has said that the idea of charging the company angers the former president, but if they are charged, they will plead not guilty to the charges and ask the judge to dismiss the indictment.

HILL: And to point out too, this is about the company, right? It's not about the former president. He would not be the one who was charged. But it is fascinating as we're hearing with your great reporting about all these little things that are happening leading up to what may or may not be charged. But, Laura, how common is all of it?

LAURA JARRETT, CNN ANCHOR: It's super common. I used to do these meetings all the time in my prior life representing corporate clients. So, you prepare, you sit down, sometimes you even do a Powerpoint, sometimes it's just talking point.

And defense lawyers think that they're really good story tellers, right? Everyone thinks, oh, I can convince a prosecutor not to charge my client. In my experience, rarely did I see this go on and have it go well for a client. It doesn't mean that you don't try. You try to put your best spin on it.

But in a case like this, usually, the facts are not in disputes, right? And so you're trying to say, okay, maybe we made some remedial efforts to make sure that this doesn't happen again. Maybe we have some explanation for it. But if the facts aren't disputed, you don't really have much to go on.

And, here what's interesting is it seems like the corporate interest and the office interest, meaning Weisselberg or a (INAUDIBLE), you often see a divergence where the corporation tries to throw an officer under the bus. Here, we know Weisselberg is still going into the office, it looks like he is not going to cooperate. I mean, that can always change but that's not how it looks right now.

HILL: And in terms of that, the fact that Weisselberg has no plans, of course, we know, to cooperate, how has that changed things, Kara?

SCANNELL: Well, if he were to go in and cooperate and say there was some scheme that went beyond this issue of corporate benefit, because Laura makes a really great point, and they are aligned. This is -- Weisselberg received some of these benefits and the company -- to be looking at this like as a company-wide effort. But if they were to get Weisselberg to cooperate, which is, clearly, there has been pressure building in for months, then I think there is this hope that he would be able to explain other decisions that were made at the company.

Note this investigation is very wide ranging. We talked about whether they potentially defrauded insurance companies, whether banks were misled. And if Weisselberg were to cooperate and were to have the goods enough to say that, actually, we made these decisions with the intent to mislead someone, that would expand the potential liability for the company, and that's why there is so much pressure on him to cooperate.

JARRETT: But even if doesn't cooperate right now, he can later, right? So he can actually go to trial, be charged, obviously, be found guilty, and then later they can come to him and say, hey, like are you willing now to work with us and then he can get a reduced sentence. HILL: Although it would have been if it was after a good deal, the type of deal was earlier.

JARRETT: The time to do it is now.

HILL: Right. So, we also want to follow -- you have some reporting on the man who has become known as the QAnon shaman.

WHITNEY WILD, CNN LAW ENFORCEMENT CORRESPONDENT: Right. He's one of the most notable people in the entire riot. And so he's the guy who had like the hat on, with the bull horns and he was yelling and singing for a brief moment. So he's one of the most visible, yes, there he is, one of the most visible Capitol riot defendant.

He has generated a lot of headlines, from basically refusing to eat unless it was specialized diet, to doing an Interview with 60 Minutes 60 minutes-plus that really upset one of the judges overseeing this case. So, now, a judge has agreed to let him undergo a mental health evaluation.

So, this is something his attorneys have been pushing for, a judge saying, yes, we think he does need a test to review his mental competency. However, it's worth noting that the bar to be deemed not mentally competent to stay in trial is extraordinarily high and the spirit of that law is a protection against people who are really mentally disabled, you know?

So, I'm not saying it can't happen. I'm just saying that it is an extraordinarily high bar and so we'll have to see how that goes. So, if he is deemed, you know -- if the first pass he's deemed mentally incompetent to stand trial, then he will go to a facility where he is treated to get him up to speed and get him, I guess, competent to stand trial, for lack of a better phrase, and then after that, we'll see what happens, but a lot of unknowns, but, now, again, going under this mental health evaluation.

HILL: Fascinating all around. Whitney, Laura, Kara, thank you all.

[07:25:01]

Breaking overnight, new video of U.S. airstrikes targeting Iranian- backed militants. The international response just coming in.

Meantime, dangerous extreme heat in the Pacific Northwest. Could we see more records shattered today?

(COMMERCIAL BREAK)

HILL: Breaking overnight, at least four people believed to be militia fighters are dead after President Biden ordered airstrikes along the Iraq/Syria border overnight. The U.S. the military targeted operational and weapon storage facilities used by Iran-backed

militants.

Let's get straight to CNN's Barbara Starr who is live at the Pentagon. Barbara, good morning. BARBARA STARR, CNN PENTAGON CORRESPONDENT: Good morning, Erica. These images coming out very quickly showing the world what the Biden administration ordered on the Iraq/Syria border overnight. Airstrikes by a U.S. F-15s and 16s against sites, two in Syria, one in Iraq, that were used, the administration says, by Iranian-backed militias that were conducting drone strikes in Iraq against U.S. troops.

[07:30:00]

Now, this has been going on for some time, these drone strikes. And there has been a lot of concern that eventually they're going to wind up killing U.S. forces.