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LEGAL VIEW WITH ASHLEIGH BANFIELD

Baby Doe Case Discussed; OPM Director Resigns over Data Breach; Trump Says He Would Bomb Iraqi Oil Fields to Get at ISIS; Death Row Stories Preview. Aired 12:30-1p ET

Aired July 10, 2015 - 12:30   ET

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


[12:30:07] JOHN WALSH, THE HUNT: So I'm asking people look if you don't trust police and lots of people that live in that underworld of the United States set under...

ASHLEIGH BANFIELD, CNN HOST: They can call you directly.

WALSH: Call me, 1-866-THE-HUNT. We don't trace calls we don't tap phones, they can go to cnn.com/thehunt. I caught 40 guys off of my website in Americas Most Wanted in one year just by anonymous tips of people.

If you know who this baby is, if you're afraid no ISIS is going to come and get you and deport you. Nobody is going to come. If you know who this little girl is please let us know well take it from there.

BANFIELD: I want to switch gears just briefly from this story to the premier episode of The Hunt on Sunday night. By the way have you caught five of your guys that you featured last season?

WALSH: First season was phenomenal.

BANFIELD: So it's amazing the one that you're featuring on Sunday you have been after this guy for years. Yaser Said.

WALSH: Yaser Said, you know, everybody has their most wanted. The FBI have 10 and I caught 17 of them when I was at AMW. And the marshals have their 15 most wanted. I think, I caught over 40 of those guys over the year. And I have John Walsh's most wanted.

And this guy is right at the top of my list.

BANFIELD: Really.

WALSH: I profiled him many times. He had two beautiful daughters, he married an American woman, he's an Egyptian national and an American citizen. Married American woman, molested his two daughters, they had the courage to go to the local authorities. But when they were released he told him "If you don't repent I will kill you."

They repented, they -- he never got arrested for that, eventually he somehow got them in the back of his cab. I think they were trying to reconcile, the girls were trying to do the right thing. He shot the first daughter immediately, the second daughter he shot once in the one leg, next leg, elbow, next elbow took, I don't know how long to shot her.

He's a horrible, horrible guy. I think he might be hiding in Egypt, if Egypt wants to do the right thing, catch this guy and send him back to America. Sunday night, The Hunt, I want to catch this guy and bring him back to justice.

BANFIELD: Well even if they think it's OK to do honor killing, so that's what this was, they will not think it's OK to molest your own daughter. So maybe you'll get some traction overseas in that area as well if that's what it takes.

But let me just do a quick promo for you. This is great work you're doing, we really appreciate it. And we're thrilled that you're here at CNN doing it, the new season of The Hunt premiering Sunday at 9 P.M. Eastern right here on CNN.

And we got some breaking news we just want to bring your way right now, the Office and Personnel Management, the Director Katherine Archuleta is stepping down that the center of one of the largest data breaches right now in U.S. history more than 21 million people are believed to have had their personal information compromised are out right stolen.

And by the way, it's about five times the number that we'd originally heard was the breach.

Senior White House Correspondent Jim Acosta standing by live with more on this.

There were calls for her to step down. But at the time it didn't look like there was going to be any movement and then this.

JIM ACOSTA, CNN SENIOR WHITE HOUSE CORRESPONDENT: That's right house speaker John Boehner was calling for Katherine Archuleta's resignation yesterday and during the conference call with reporters about that massive data breach that OPM announce the 21.5 million people, every federal employee that's gone through background checks since 2000.

Katherine Archuleta, said on this conference call Ashleigh that she was not stepping down. But a White House official says, and just the last few minutes that Katherine Archuleta the Director of the Office of Personnel Management has tendered her resignation of President Obama. He has accepted that resignation.

And that resignation is effective at the end of business today. Starting tomorrow we're told by White House official Beth Colbert, I believe it's Beth Colbert, I hope I'm pronouncing her name correctly, will assume the role of acting director of the Office of Personnel Management.

She is currently the U.S. Chief Performance Officer and deputy director of management at the Office of Management and Budgets.

So somebody coming out of the Obama White House essentially going over to OPM to run that very troubled organization right now. Ashleigh, we were on this conference call yesterday with OPM with the members of the National Security Council other top administration officials.

This is a stunning massive data breach that affects almost every employee of the federal government. And we should point out at this point OPM said yesterday they do not believe that any of that data has been used for elicit purposes but of course OPM did not know the scope of this investigation.

So it's really anybody's guess as to whether or not that data has been used improperly.

We have also been hearing from top officials that China was behind this big breach. But as of yet the White House is not publically named China as the culprit in that investigation.

They say the investigation is ongoing. But when the head of the DNI James Clapper said last week they're a prime suspect, nobody inside this administration that I've talked too yet, has said China is not responsible.

[12:35:10] So they're not publically naming them yet. But they're also not denying that the Chinese are probably behind this hack Ashleigh.

BANFIELD: Yeah, lead suspect -- leading suspected is pretty suggestive a boy that Beth Colbert has her work cut out for her, if that's the pronunciation.

All right Jim look up...

ACOSTA: Will work on that.

BANFIELD: Thank you. Yeah, thank you, sir. I appreciate it. Jim Acosta live for us at the White House with that breaking news.

And coming up next, talk about bombshells on the campaign trail, wait until you hear who Donald Trump wants to drop bombs on. We're going to get to a general. And have an actual general someone who knows the thing or two about dropping bombs, weigh in on what he was thinking when he said what he said.

(COMMERCIAL BREAK)

BANFIELD: I just have to get you these pictures outside of the City Hall building in New York. This is probably one of the best drum performances that I may have ever seen. And it is all in honor of celebrating America's Women's World Cup Champions.

Let's just listen for a bit.

(BEGIN VIDEO CLIP)

(END VIDEO CLIP) [12:40:40] BANFIELD: I could just watch this forever I don't know how you feel. But this is really good stuff, all of this for the folks who were gathered in City Hall Plaza in New York City.

12,000 people wanted to get a ticket to this thing. But they had to get in to a lottery because there were only 3,500 people who could fit in the New York's -- I love it City Hall plaza.

It's just fantastic, but this is wrapping up about an hour and 40 minutes of fantastic parade fair for the women's team. A big ticker tape parade to the Canyon of Heroes in Manhattan, that's usually reserved for, you know, Yankees and male team, there's never been a female team that has come through and had ticker tape parade. Those were really good stuff. Great day to be New York City.

I love that. All right I want to take you now to the race for the White House. Because Donald Trump is founding off about the other Republican candidates.

In the second part of his interview with our Anderson Cooper, I want you to hear what the Republican candidate said about a fellow candidate named Lindsey Graham.

(BEGIN VIDEO CLIP)

DONALD TRUMP, (R) PRESIDENTIAL CANDIDATE: Look Lindsey Graham I think he's always been very nice to me but, you know, he wants to bomb everybody. All I know is every time I watch Lindsey Graham he wants to bomb everybody, let's bomb everybody.

(END VIDEO CLIP)

BANFIELD: Yeah, OK. All right, well just this just came right after he told Anderson that he would target the terror group ISIS by "Bombing the hell out of Iraqi oil fields."

Let me hear you hear it from Trump in his own words.

(BEGIN VIDEO CLIP)

TRUMP: If I win I would attack those oil sites that are controlled and owned by -- that controlled by ISIS. They're taking tremendous money of it, they are renovating a hotel in Iraq can you believe it?

ANDERSON COOPER: But won't be destroying the wealth of Iraq?

TRUMP: No, no. Let me -- there is no Iraq, there is no Iraq, their leaders are corrupt. Excuse me there are no Iraqis they're broken up into so many different factions in Iraq.

COOPER: And you don't think bombing Iraqi oil fields which are now the control of ISIS, but the bombing Iraqi oil fields is going to anger huge numbers of people?

TRUMP: I would bomb the hell out of those who oil fields. I wouldn't send many troops because you won't need them by the time I got finished. I'd bomb the hell out of oil fields I didn't get Exxon, I didn't get this great oil companies to go on. They would rebuild them so fast your head will spin.

(CROSSTALK)

TRUMP: Excuse me. Do you want to see how fast they put up bricks? These guys are unbelievable. So I'd go Exxon mobile, I go to top five Oil Companies they've be in there, they've be finish so fast.

COPPER: Since you need U.S. troops that protect the oil field?

TRUMP: Yes and you put a ring around them. You put a ring you've just take it all of the wealth away. This is what should be done. But no politician is going to do that.

(END VIDEO CLIP)

BANFIELD: That didn't work out so well in John McCain said bomb to have bomb did it. Trump's comments are coming as Iraqi oil production hit an all time high. The country had pumped out 4 million barrels of oils per day just in June that according to the International Energy Agency.

But, you know, what I don't know a whole a lot about bombing.

I want to bring in the guy who does. CNN Military Analyst, Mark Hertling.

You're smiling only because your probably is slobber gas of Islamic and any other kind of word I can come up with this -- at those comments as I was just go ahead and just bomb them.

What's the reality of ISIS in its control of oil in Iraq as you know it?

LT. GEN. MARK HERTLING (RET.), CNN MILITARY ANALYST: Well in Iraq there is not that much control of any oil facilities and oil fields are in the beige the oil refinery they've been in and out of that beige oil refinery.

What I'm smiling about Ashleigh is I'm not sure who is more entertaining Mr. Trump or the drum line which is one of my favorite musical aspects. But what I'd suggest to you is when we pick a candidate when military folks speak a candidate or kind of select who they're going to vote for if they do their not only look at it from the stand point of who has presidential aspirations in what they might be able do for the country.

But we also at depth that saying, "Hey whose going to be a very good commander in chief from a military leadership perspective."

And you look at things like character and presidents and we could talk about that if you want with Mr. Trump. But the real issue that we look at is intellect do they understand the issues, do they understand the cultures and the geography of the places were they send their military? Do they understand the use of the intricacies to force and are they providing good strategic guidance?

Just going in and bombing things that's not a very good idea when I was in Northern Iraq the beige oil fields reported my area of operation and we spend a significant amount of time trying to get those up and operational to contribute to the Iraqi government. So I'm not sure this is such a good idea.

[12:45:09] BANFIELD: And we have a little experience from 1991 as well I mean the Americans actually did bomb the oil fields in Kuwait back in '91. It was the Saddam Hussein affair as well. Ad now we have the wisdom from that and that wisdom is?

HERTLING: Don't do it. Because you have to -- whenever you attack a country or you put together a campaign plan you always want to think about what happens next, the end state. What's going to occur to take care of the people or the country?

There are certainly bad people within Iraq and Syria and you should have a campaign plan to go after that and the president does right now with eight different lines of operations. Two of which are military but six of which are non-military lines of operations. And some of that is how do you support the infrastructure of the government to take care of their people? So that's -- It's just not a good idea Ashleigh.

BANFIELD: General Hertling, you're a smart mind and it's good you're here to get me off the ledge. Thank you.

HERTLING: OK. Thanks, Asleigh.

BANFIELD: General Mark Hertling joining us live. Coming up next, two young boys murdered in their own home in the most horrific way. And it was their own mother, convicted and put on death row for it. But, did the state get this one right?

(COMMERCIAL BREAK)

[12:49:58] BANFIELD: CNN original series "Death Row Stories" returns this Sunday with an all new season. And this week, the murder of two young boys that shocked a community and the state and really tore an entire family apart.

(BEGIN VIDEO CLIP)

UNIDENFIED FEMALE: I got a phone call at 3:00 in the morning. Devon and Damon are dead and Darlie then might be dying. And I just started screaming.

UNIDENTIFIED FEMALE: Darlie was rushed to Baylor University Medical in Dallas and immediately taken into surgery.

The necklace Darlie had been wearing at the time of the attack was so deeply embedded in her throat. It had to be surgically removed but it also saved her life. Stopping the knife less than 2 millimeters from her carotid artery.

UNIDENTIFIED FEMALE: The surgeon who treated Darlie he took my hand and he said that she was likely to survive this.

UNIDENTIFIED FEMALE: When Darlie awoke from anesthesia two detectives from the Rowlett Police Department were waiting to interview her.

UNIDENTIFIED MALE: The story was an assailant was in there. She woke up and the man was over her and she started fighting with. And she really wouldn't give any type of description because she said she can't remember. She couldn't his face, she couldn't remember anything about it.

UNIDENTIFIED FEMALE: At the crime scene detectors tried to gather pieces to a murky puzzle.

UNIDENTIFIED MALE: I think the Rowlett Police team was entirely overwhelmed and that they don't know what to do, the way they were handling evidence, the way were trying to take pictures. They have a camera guy going through there while others were picking out evidence. It was just absolute chaos.

(END VIDEO CLIP)

BANFIELD: Joining me now is Alex Gibney the Director of -- well actually Executor Producer of the entire Death Row Series and has attend in a lot of the episodes himself. Along with Stephen Cooper who's live from Dallas, who is the attorney for Darlie Routier, that's the inmate still on death row awaiting a new round of DNA testing.

Stephen what isn't with you if I can because I'm going tell right now I covered this case. I was there two decades ago and Dallas when this happened. And I watched a detailed accounting of all of the evidence that was presented in court. And I was pretty darn convinced that she was guilty of it. And then I watched this episode and I saw all of the errors like 30,000 mistakes in the trial transcripts, a court reported who pleaded the fifth -- a detective who pleaded the fifth after they had taken video that didn't enter in to the trial when another video that was adjacent to it was almost the deciding factor for this jury.

This is remarkable but I don't understand how there isn't a new trial in this case.

STEPHEN COOPER, DARLIE ROUTIER'S ATTORNEY: Well, certainly it's something we've been asking for 19 years now, almost 18 actually. But all these things that you just resided plus many more have shown over time to be really accurate in the presentation of the state at the trial was inaccurate.

BANFIELD: I want to show a photograph if we can something that I saw in the episode that I've never seen before and it's a photo of Darlie Routier's arms terribly bruised up. This is her husband Darin at the memorial of the surviving child was running behind him. That's the slash that is on Darlie's neck. These are some of the bruises that were on Darlie that is the photo in question.

An unbelievable injury on her arm that I had not seen it before and Alex I'm going to get you in on this. This is the kind of evidence that just make my skin crawl because so much other evidence was trumped in during that trial. And, that's the kind of saying that I think the juries would see. They did have a really tough time thinking that those were self-inflected injuries. They believe that was the knife attacked on the neck.

But, seeing the extent of the other injuries was this what sort of turned you on to this case? Were there other things that were gripping for you in choosing this particular case to feature?

ALEX GIBNEY, CNN DIRECTOR: Well, I think, I mean that was one of the many things that turned this on to this case. But, also I think the prosecution really lean very heavily on some emotional appeals. And also brought in to evidence this video of a kind of remembrance of her son where they were shooting some Silly String around. As if she wasn't taking it seriously which was evidence -- supposed to be evidence that...

BANFIELD: There it is there. I think they run it in court in the case about nine different times.

GIBNEY: That's right, they run it over and over again.

BANFIELD: And I can tell you for being a local media person in Dallas at the time that run on the news nonstop. This is what most people remember about Darlie Routier. Eight days after the murders of her two boys, there's a happy birthday party at their grave with Silly String.

GIBNEY: That's right. What they didn't show was the very moving weeping portion of that video prior to this which is another indication that juries really didn't see the whole story.

BANFIELD: Stephen Cooper, how do you deal with that sort of thing?

[12:55:01] How do you deal with a video that police took, but, then won't testify to? They plead the fifth about this. How do you introduce this and somehow try to make a case when you don't deal with the jury in a pallet issue?

COOPER: Well, I mean unfortunately, the trial lawyers did have an opportunity to introduce to our memorial service to the jury and they declined the opportunity and just put on testimony saying that it took place of course they all had each picture, one picture worth a thousand words.

They should have shown this memorial service to counter act the so called Silly String. And the whole premise of the Silly String video coming in at guilt or innocence is as the state said when they offered it, this was to show her true character as if a video of anytime.

Where there's not some variable admission is going to tell you tell the jurors in this case that my client murdered her children. It was just absurd and of course this whole case was, you know, it's a tight phrase whereas to judgment. This is of June 6 of '96 offense, they were picket a jury four months later with evidence starting six months later and as you've seen in this -- you'll see in the show this is a very complicated case a lot of blood evidence that was never analyzed by the defense.

BANFIELD: Well I have to leave it there but there is so much more to this story. And I don't know if Darlie Routier is guilty or innocent of this murder but I do know that there are enough errors and questions that once again I think if it's the death penalty you got to be perfect, if you're going to play God.

Alex Gibney, Stephen Cooper, thank you. Season two of "Death Row Stories" premieres this Sunday on CNN at 10 p.m. Eastern Time.

Thanks for watching everyone.

My colleague, Brianna Keilar is in for Wolf and she starts after this quick break.

(COMMERCIAL BREAK)