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LEGAL VIEW WITH ASHLEIGH BANFIELD

Miami Gardens Sued Over Alleged Racism in Stop-and-Frisk Policy; Video Captures CHPs Officer Beating Great-Grandmother; Boehner Wants to Sue Obama; Pot Could Fund Terrorism

Aired July 7, 2014 - 12:30   ET

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


ASHLEIGH BANFIELD, CNN ANCHOR: A six-month-long investigation conducted by Fusion TV reveals tens of thousands of people were stopped, in many cases unnecessarily, by the Miami Gardens police department over the past five years.

The controversial stop-and-frisk policies actually included checks of small children and senior citizens. It appears the primary target was young black males. Why some are now suing, claiming this is a federal issue, that it's racial profiling.

(BEGIN VIDEOTAPE)

EARL SAMPSON, STORE EMPLOYEE: A complete nightmare. They like terrorize you.

ALINA MACHADO, CNN CORRESPONDENT: Earl Sampson made headlines after it became known he was stopped by police at least 288 times, the equivalent of about once a week for four years.

SAMPSON: I couldn't be nowhere in my neighborhood. Standing right here, I couldn't be here. I had to -- I don't know -- running for my freedom.

MACHADO: Today Sampson says his life is much better. Do police continue to pick you up or try to detain you?

SAMPSON: No. They don't try -- they don't mess with me no more.

MACHADO: Sampson is one of 12 people suing the city of Miami Gardens and several others. The federal civil rights lawsuit alleges the city put in place a racially-motivated quota system. The city denies the claims, but the attorney that filed the lawsuit says the city's unwritten policy led to tens of thousands of illegal stops.

STEPHAN LOPEZ, ATTORNEY: The quota system was created by the department. It was created by the higher-ups. It was created by people telling officers in supervisory positions, hey, we need to go out, this is what you need to do. And the officers, they followed those orders.

MACHADO: Do you feel like the policy was racially motivated?

UNIDENTIFIED MALE: I believe so.

MACHADO: This man is a former police officer in Miami Gardens, the largest, predominantly African-American city in Florida. He has asked us to conceal his identity. Was anybody ever told to stop all black males between 15- and 30-years-old?

UNIDENTIFIED MALE: Yes.

MACHADO: In a roll call?

UNIDENTIFIED MALE: Yes, ma'am.

MACHADO: Did they say anything in terms of why stop all black males between 15 and 30, or they just said we need numbers?

UNIDENTIFIED MALE: In so many words, yes, they said that's the criminal element within the city of Miami Gardens.

MACHADO: Today, there is a new police chief in town.

CHIEF STEPHEN JOHNSON, MIAMI GARDENS POLICE: I can tell you that, yes, a large number of crimes are occurred by, in this city, because it is a black city, by young black males. That's a fact. That's our population. That's our demographics. But is it every young black male? No.

MACHADO: Stephen Johnson was hired in April after the former chief stepped down. When you heard about what was going on before you came on board, does that disturb you?

JOHNSON: Absolutely. I can tell you from my assessment, whether it's perceived or real, the officers here were under the perceived -- under the perception that in order to get into a specialized unit, you had to have high stats.

MACHADO: Quotas?

JOHNSON: Quotas. The -- now that was not a written policy. That is what they were instructed to do.

MACHADO: Was the quota race based?

JOHNSON: No.

MACHADO: They weren't telling officers to stop black men between 15- and 30-years-old?

JOHNSON: I heard that.

MACHADO: From the officers?

JOHNSON: I heard that from the officers.

MACHADO: That they were specifically told to stop black men between 15 and 30?

JOHNSON: Yes.

MACHADO: Chief Johnson says he's made changes, reassigning officers and making sure everyone knows there is no quota system in place.

JOHNSON: It will work.

MACHADO: You don't have any concerns about going back to that or hearing that officers are stopping people because they are black?

JOHNSON: No. No. And it's because my style of policing, again, is community-based policing.

MACHADO: Sampson is still haunted by what happened at the place where he works.

SAMPSON: I just hang out here.

MACHADO You're scared? Are you still scared of going out?

SAMPSON: I'm terrified. I'm terrified and terrorized.

MACHADO: Even though they have left you alone?

SAMPSON: Even though they left me alone.

MACHADO: He is working to clear his record and get his life back in order.

Alina Machado, CNN, Miami.

(END VIDEOTAPE)

ASHLEIGH BANFIELD, CNN ANCHOR: Alice Brennan is an investigative reporter with Fusion TV, and she spent six months digging into this case, six months digging into the numbers and the stories like that of Earl Sampson.

Alice, when I read the numbers, I thought, there has to be some mistake, this can't be possible, 99,980 stops in a community of only 110,000 people. That sounds like almost every single person in that community was stopped or at least some were stopped many, many times. Which is right?

ALICE BRENNAN, INVESTIGATIVE REPORTER, FUSION TV: Yes, Ashleigh, we conducted a comprehensive data analysis of public records that the Miami Gardens police gave to us, and 99,000 stops, that's 56,000 people in a city of 110,000.

That's more than half of the population, 8,000 children or people under the age of 18, and over 1,000 senior citizens stopped by the Miami Gardens police.

BANFIELD: Including a 5-year-old, which I just -- a couple of 5-year- olds -- it just seems so bizarre. Hearing Alina Machado talk to the new chief, Chief Johnson, who, obviously is African-American, has it changed?

Has something significant changed in that community since Chief Johnson came on board? Does it have anything to do with the fact that he, himself, is black?

BRENNAN: Look, from reports on the ground, not a lot has changed in terms of police behavior. We know that they are not recording as many stops. The question for us now is accountability. What are the repercussions for the people who instituted and carried on this policy? Who is looking into this? Who is investigating this?

BANFIELD: What about the actual federal lawsuits? These are civil rights violations they are alleging. They want some action. I'm not sure if they are getting a long way along that process or if Miami Gardens has the kind of money they might need to settle these sorts of suits. Do you have any feeling for that?

BRENNAN: Look, I know that the suit has been filed. There are 12 plaintiffs in the suit. The city of Miami Gardens denied every single one of the allegations in that suit.

The other piece of information that I can tell you is that we have heard from one of the police officers who gave his deposition last week. He has since been dismissed from the Miami Gardens police department. How that progress is going, we don't know. We have also heard the ACLU is looking into this case. There are also calls for Department of Justice to investigate the Miami Gardens police department.

BANFIELD: None of that a surprise. Good work, Alice. You and your team did some really spectacular research on this. Let's hope there is some resolution and soon. Alice, thank you, from fusion TV. Appreciate it.

BRENNAN: Thank you very much.

BANFIELD: There is a shocking moment that happened on the side of a highway in California. Yes, there was video rolling. That's a police officer and that is a great grandmother on the ground. Being punched over and over again. You are about to find out what that woman's family has to say about this.

(COMMERCIAL BREAK)

BANFIELD: You are about to witness a 51-year-old great-grandmother being beaten on the side of the Santa Monica Freeway, and the person doing the beating is a California Highway Patrol officer.

Understandably, her family plans to sue. All of it was caught on video by a passerby. If you have children in the room, advise that you shield them from the television. And if you have a squeamish stomach, you might find it disturbing yourself, as well.

Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: (Inaudible) police brutality. Arrest him.

UNIDENTIFIED MALE: Stop. He is beating her up.

UNIDENTIFIED FEMALE: My gosh. Why?

(END VIDEO CLIP)

BANFIELD: Police say that woman, Marlene Pinnock, was a danger to herself and to other drivers on Tuesday because she was walking within the traffic lane at certain times.

They say that when the officer asked her to stop, she did not. She continued ignoring the officer's command. Ultimately they say she also got physically combative, and they say that this video you are seeing is not the entire episode.

Her family, on the other hand, through an attorney says the officer is the aggressor and not that woman.

(BEGIN VIDEO CLIP)

CAREE HARPER, ATTORNEY: She was the victim of one of the most heinous police beatings this century that I have seen captured on video, and it's our opinion that the CHP officer is the one who is a danger to others. We believe he fits the criteria 5150 of the welfare and institutions code, and he should be involuntarily detained.

(END VIDEO CLIP)

BANFIELD: The officer has been put on administrative leave. He is not being detained under a 5150. That is the psychiatric detention that woman is under right now. Ms. Pinnock in custody, we don't know when she will be released, but, again, she's in a psychiatric hold.

I want to bring back in criminal defense attorney Philip Holloway for a very specific reason, and that is because you are a former police officer. You are a certified police instructor.

And you yourself have defended many police officers who have been accused of misconduct, which is an incredible hat to wear right now, as I beg of you to get me off the ledge and give me a defense for what I just witnessed that officer doing.

PHILIP HOLLOWAY, CRIMINAL DEFENSE ATTORNEY: I may not be able to give you what you are looking for because, personally, I have a big problem with this.

The good questions are, does he need anger management? Does he need to be fired, and does he potentially need to go to jail or all of the above? I don't have a problem with an officer using force when somebody is resisting, but they are only allowed to use enough force to meet whatever force they are being dealt with, so they cannot exceed that.

Once the person is in compliance, and they have submitted, you've got to stop using force. He didn't stop using force. The law is very clear on this. What I really want to know is, is he potentially facing criminal charges? Because from what I saw on the video, it looks like that might be appropriate.

BANFIELD: Again, it's so important to know that context is key, and we are coming upon a scene that has got preamble that we've never seen.

That said, as I watch what happens and this great-grandmother -- and, again, she's 51, so great-grandmother aside, she's 51-years-old. I can see her arms are flailing, and I can see that she isn't subdued. And I can see that could possibly be a defense.

But when you have that non-commensurate force, a woman on the ground and a very large CHiPs officer on top of her, you can see that that could be defensible?

HOLLOWAY: I don't see her arms flailing in his face. I see her trying to defend herself. That's what it looks like to me. Of course we don't know the whole story. We didn't see what happened at the beginning. That's important to know.

BANFIELD: I just -- every time I see it, I kind of lose my breath, Phil. question for you. She's on a 5150 hold right now. Does that speak to this case at all? Does it help one side or the other that she may have troubles in some way?

HOLLOWAY: If she's under some type of psychiatric detention, it might explain why she's wandering in and out of traffic. his type of person, police officers deal with them all the time. They are oftentimes very difficult to deal with, and sometimes they do resist arrest and they are not compliant.

However, it doesn't mean that you are allowed to repeatedly punch them in the face over and over and over again. You've got to stop using force when they do.

BANFIELD: Boy, I want to give the California Highway Patrol their due here. The assistant chief -- his name is Chris O'Quinn -- when he was asked to comment on that incident, this is what he said.

Have a look.

(BEGIN VIDEO CLIP)

ASSISTANT CHIEF CHRIS O'QUINN, CALIFORNIA HIGHWAY PATROL: We're going to make a determination as to what transpired in this situation and we will do the right thing with regard to dealing with the employee or the member of the public in accordance with the law and policy.

(END VIDEO CLIP)

BANFIELD: And I have to wrap it there, Phil, but I'm just going to guess that no matter what they do, they're going to face a lawsuit, aren't they?

HOLLOWAY: They absolutely are. And I guarantee you, that spokesperson you just saw is having a hard time dealing with this in the media. BANFIELD: Oh, I'll bet, I'll bet. Hey, Philip, thank you. It's

great that you were able to put those hats on for us and give us that perspective.

HOLLOWAY: Any time. Thank you.

BANFIELD: Appreciate it. Have a great afternoon. Philip Holloway.

House Speaker John Boehner has a tall order for Congress, because he wants to sue the president. Yes, he wants to sue the president. He says the president has been acting alone far too much lately, signing executive order after executive order and not consulting Congress. So the question is -- is this the first time a president has been doing all that? And how does this president stack up to the presidents before him? You are about to see the numbers game play out, and you might get a bit of a shock. That's next.

(COMMERCIAL BREAK)

BANFIELD: Welcome back to work, Congress. Nice to have you back on the Hill after the holiday break.

High on the House Speaker's agenda while he's back at work -- suing the President of the United States. Despite the fact that John Boehner and Barack Obama were once golfing buddies a few years back, oh those days are long gone. They appear to be completely evaporated.

The president is calling this plan for a lawsuit a stunt. But in an exclusive opinion article on CNN.com, the Speaker was firm about this plan. He wrote, quote, "The president has circumvented the American people and their elected representatives through executive action, changing and creating his own laws and excusing himself from enforcing statutes he is sworn to uphold, at times boasting about his willingness to do it, as if daring the American people to stop him. That's why, later this month, we will bring legislation to the House floor that would authorize the House of Representatives to file suit in an effort to compel President Obama to follow his oath of office and faithfully execute the laws of our country."

Man, that's some serious stuff. CNN's senior legal analyst Jeffrey Toobin is back with me now. I read that and I thought, yes, why is it that we have this imperialistic pen that any president can wave and get what he wants despite the feckless Congress beneath him?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, he can't. He can't break the law. But there are remedies built into the system other than Congress suing. For example, individuals who claim that the president has acted unlawfully can sue. Like last month in the recess appointments case.

BANFIELD: But they were injured by it.

TOOBIN: That's right.

BANFIELD: They showed that they were affected.

TOOBIN: Exactly.

BANFIELD: Why is John Boehner directly affected and somehow injured by the executive orders that many presidents do?

TOOBIN: He probably isn't. That's why the case will very likely be thrown out, of course, if it's filed at all. We've been hearing about this lawsuit for so long. It's like we're going to sue. Where is this lawsuit? This is a political positioning of the House Republicans who want to portray President Obama as this lawless imperial president. But it's a lot longer than -- on rhetoric than on reality.

BANFIELD: And when you hear John Boehner make his argument -- look, there are people that are upset that things are happening at the White House and things are not happening in Congress. And many in Congress, John Boehner included, will say well that's because the Democrats won't work with us. Democrats are saying we can't get the House to do what they are supposed to do. The president is saying the same thing.

Ultimately, you hear John Boehner's argument and you think, wow, yes, 182 executive actions? That sounds imperialistic -- until you look at the people before him. Check it out. Look at Ronald Reagan, 381 executive orders issued. Look at Bill Clinton, 364 executive actions. Look at George W. Bush, he's got Barack Obama outpaced as well, although the term's not over yet for Obama.

TOOBIN: Now, in fairness to Speaker Boehner, it's not necessarily the number. It's the content. And do the content of the executive orders violate the Constitution? The Supreme Court has ruled against the Obama administration on several occasions. I think several of the things they've done --

BANFIELD: I was looking for that. This is what I was looking for. Of course, it's CNN.com, it's our lifeline (ph). I read the op-ed, and all it was was it sounded like a lot of political flowery rhetoric, sadly. And a lot of it, I understand it. I think it is -- it has a lot of merit. But I'm looking for the mal dits (ph). I'm looking for the standing. I'm looking for that exact thing you are talking about. What did he do specifically that qualifies for a lawsuit?

TOOBIN: Well, we'll see, if anything. I think it's unlikely that --

BANFIELD: They haven't been tipping their hand?

TOOBIN: Well, certainly, like extending the deadlines for the Obamacare law. That strikes me as very questionable.

BANFIELD: OK.

TOOBIN: But some of the other stuff seems perfectly routine. But it's hard to debate the merits of a hypothetical lawsuit when the lawsuit hasn't been filed and they haven't made their claim yet. This is clearly something that motivates the Republican base.

BANFIELD: First things first, he's got to go to the House, he's got to get a vote on the House to even proceed.

TOOBIN: But it's not even clear that the House alone can file a lawsuit. The Senate might have to join them. The Senate is not going to do that. The Senate is not going to do that obviously since it's in Democratic hands.

BANFIELD: Oh, wait a minute. Isn't this an election year?

TOOBIN: Yes, it is.

BANFIELD: Jeffrey, goodness. I must have just forgotten.

TOOBIN: Every other November.

BANFIELD: Thanks for reminding me. Jeff Toobin, always good to have you. Appreciate it.

Buying synthetic marijuana, it's not just really dangerous for you, it could put money into the pockets of terrorists. We will explain what this nexus is in a moment.

(COMMERCIAL BREAK)

BANFIELD: For law enforcement officials, tracking down terrorists sometimes mean following the money. Makes sense. But that hunt has led authorities to some unlikely places and some very unlikely products. Our Deborah Feyerick has more now on the connection between synthetic drugs sold in the U.S. and terrorism.

(BEGIN VIDEOTAPE)

DEBORAH FEYERICK, CNN NATIONAL CORRESPONDENT: Federal authorities are concerned that the next source of terrorist funding could come from a very unlikely place -- convenience stores right here in the United States.

(voice-over): You are not supposed to ingest these but people do -- synthetic drugs known on the street as fake pot. Small packets sold with names like Scooby snacks, crazy clown, spice.

DEREK MALTZ, SPECIAL OPERATIONS, DEA: It's not really synthetic pot; it's synthetic poison.

FEYERICK: For the last year, federal drug agents have been raiding gas stations and mini marts across America, not because the synthetic drugs are necessarily illegal but because the money officials believe is going overseas to fund terrorism.

MALTZ: We have seized over $100 million worth of assets. We have arrested hundreds of individuals all around the United States. We have seized guns all over the place.

FEYERICK: Usually sold as herbs not for consumption, the synthetic drugs are made in China with proceeds suspected by the DEA of going to global criminal organizations.

Derek Maltz, head of special operations for the Drug Enforcement Administration.

MALTZ: If a mini-mart is operating in our country and they're sending $40, $50, $60 million back, we are concerned about that.

FEYERICK: Tens of millions of dollars, the bulk of the money, according to the DEA, going to places like Yemen, Syria and Lebanon.

MALTZ: As state sponsorship has declined, terrorism fueled by criminal activity is on the rise.

FEYERICK: While the DEA acknowledges there is no smoking gun tying synthetic drug money from the U.S. to terrorists, Maltz says the existing evidence paints a clear picture.

MALTZ: The terrorists need money to finance their operations. They need money for logistics, for recruiting, for training. You cannot do that with American Express and Visa. You need a suitcase of cash.

FEYERICK: Synthetic drugs aside, the global drug trade produces plenty of that. According to the U.N., some $300 billion and counting.

(on camera): Synthetic drug use appears to be soaring in the U.S., accounting for more than 11,000 emergency room visits in 2010. About half of those patients were teenagers.

Deborah Feyerick, CNN, New York.

(END VIDEOTAPE)

BANFIELD: A long distance swimmer in southern California is recovering today after a great white shark attack.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Get out of the water! Shark! Get out of the water. Shark!

BANFIELD (voice-over0: On Saturday, Steven Robles was swimming near Manhattan Beach when a seven foot long shark chomped into his torso. He told us he thought it was all over.

STEVEN ROBLES, ATTACKED BY GREAT WHITE SHARK: And I'm sitting here staring at this shark eye to eye, just right there. And I could feel the vibration of this entire shark gnawing into my skin. I grab his nose with my hand here and tried to pull it off of me. Fortunately, the shark released itself.

(END VIDEO CLIP)

BANFIELD: Very fortunately. Glad to see he's still with us. Thanks for watching, everyone. "WOLF" starts right now.