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New Video Of Deadly Police Shooting; Trump Holds Rally With Gingrich, Possible VP Pick; Sen. Corker Rules Out VP Run, Explains Why; Clinton Slams Trump's Business Deals; Clinton Slams Trump, Faces Questions On Trust; Trump Defends Saddam Hussein Remarks; Deadly Police Shooting Sparks Protests. Aired 9-10p ET

Aired July 6, 2016 - 21:00   ET



[21:03:30] JOHN BERMAN, CNN HOST: Good evening again. Breaking news throughout the hour tonight including a new video showing the deadly police shooting that have shocked a lot of people and spurred now a federal investigation.

We begin now with Donald Trump in Ohio on well, an epic tear against many, many things including a mosquito. Also, including Hillary Clinton, the lack of charges against her in the e-mail investigation. Also including the tweet his campaign sent out with a picture of Hillary Clinton, the money, and the six-pointed star that some people saw as anti-Semitic.

Tonight he said he wished it had not been taken down. That's not all he said. Take a look.


DONALD TRUMP, (R) PRESUMPTIVE PRESIDENTIAL NOMINEE: Hillary Clinton, I said, bad judgment. She is incompetent, OK? She's incompetent. The only good thing she's ever done is get out of trouble when anybody else would have been in jail by now. That's the only thing that I've ever seen her do that was a great job. I got to give her a credit. I got to give her credit. I have to give Bill Clinton credit for going to that plane and saying for 39 minutes he talked about his grandchildren and he talked about golf.

There is no way you can do that. I told you. Two minutes for the grandchildren two minutes for golf. We got 35 or 36 minutes left. What are we -- let's talk about Hillary. And Hillary then talks about, I think I would reappoint the attorney general. And you're waiting for a decision by the attorney general. And you are saying you're going to give her a job. You're not allowed to do that. That's bribery, folks.

[21:05:03] Raised $51 million, right, $51 million. Even Newt couldn't believe that, right, Newt? Fifty one million dollars guys, OK, so here's what's going to happen. And I just started really in the middle of -- this sounds like a football game. Newt, Newt, Newt. I don't know Newt that they are booing or saying Newt? It is one of those names, right? Now they love Newt. We do love Newt. We all love Newt. Newt gets it. I'll tell you one thing, folks. I'm not saying it's Newt but if it's Newt, nobody is going to beat him in those debates that's for sure, right, nobody.

We have a president who is terrible, we have a president who is right now what he wants to do is all he wants to do is campaign. He wants -- he has fun campaigning. It's a good time campaigning. I want a president that's going to be focusing on knocking the hell out of ISIS.

The Democrats, oh, there was a mosquito. I don't want mosquitoes around me. Oh. I don't like mosquitoes. I don't like those mosquitoes. I never did. OK, speaking of mosquitoes, hello, Hillary, how are you doing? So we have unbelievably dishonest video. So think of that, yes, they have to star which is fine. I should -- they shouldn't have taken it down. You know, they took the star down. I said too bad. You should have left it up. I wouldn't have rather defend it than just leave it up. I said no, that's not disruptive, that's just a star.


BERMAN: All right. Sara Murray, was it this event joins us now from Cincinnati. Sara, it's clear Donald Trump was enjoying himself. He was energized. During this entire speech he did discuss Hillary Clinton and her e-mails but he discussed a lot of other things. Many, many other things. He head to Capitol Hill tomorrow to meet with Republicans. Some of whom want him with a greater message discipline. How do you think tonight's speech will play there?

SARA MURRAY, CNN POLITICAL CORRESPONDENT: Well, I certainly think that other Republicans are going to look at his criticisms of Hillary Clinton saying she is a liar, saying she gets away with things other Americans would go to prison for. And they're going to like that portion of it. I think the portion they're not going to like as much, John, are the parts where he double down on some compliments. He offered to Saddam Hussein the former Iraqi dictator. And he doubled down on his campaign sending out this tweet with the six-pointed star and the piles of cash behind Hillary Clinton which many felt evoked anti-Semitic stereotype that something that was slammed by the anti- defamation league with already slammed by Paul Ryan, and that certainly not the kind of thing other Republicans like to have to navigate having the answer for.

Donald Trump doubled down on X, he doubled down on Y. Do you agree with him? But I will say when he does go to (inaudible) and he meets with these folks in a smaller setting I do think they get a better sense of what's going on with his campaign, of him personally. So it's possible he may be able to win couple people over that way but he certainly not doing them any favors when they get stopped in the center hallways and have to answer for things like a tweet that has been slammed by their own leadership the anti-defamation league.

BERMAN: Now in that sound we heard Donald Trump talking about Newt Gingrich, the speculation that Newt Gingrich is on the short list could be a possible vice presidential pick. Trump said Newt is going to be involved in government at some level if he is selected, dropping a lot of hints there, Sara.

MURRAY: We are in full on veepstakes mode, John. You know this time period all too well. And they are looking for any kind of hint that he may be closing in on someone that he feels comfortable with. And one thing that you can tell when he and Newt Gingrich were campaigning together is they feel very comfortable together. Gingrich has become an asset to this campaign in a way that he certainly wasn't early on. And he's really become comfortable, not just with Donald Trump but also members of Trump's own family. And that could be a key component. One of the things that Trump has said in the interviews in recent days that he's still kind of trying to decide whether he wants someone who can bolster his military credentials or whether he wants someone who could bolster him on the political side.

And so that could be a key question that determines whether he might go with someone like Newt Gingrich or perhaps someone else who might have more of a foreign policy or military background who's going to proper him up on that side, John.

BERMAN: All right, Sara Murray, thank you so much.

So Newt Gingrich he introduced Donald Trump. He is clearly on the short list. Two others though, it doesn't seem like they are anymore. Iowa Center, Joni Ernst, who made noises today about staying in the Senate, he thinks he doesn't want to be part of the selection process anymore, and Tennessee's Bob Corker who introduced Donald Trump last night. He flat out said, no thanks. I spoke to Senator Corker earlier tonight.


BERMAN: Senator Corker, earlier today up you said you're withdrawing yourself from consideration to be Donald Trump's running mater because you don't feel comfortable playing the role of a political attack dog quote, you said, "It's a highly political job and that's not who I am."

The thing is, that's what the VP role is particularly as a candidate. You know that, if you're not comfortable with it, why did you let yourself get so far in the vetting process?

BOB CORKER, WITHDRAW FROM TRUMP'S VP SHORT LIST: Well I didn't use the words attack dog. That's what someone else described to the job, but, look, I think when someone asks you to consider something, I think all of us look at it fully.

[21:10:07] I felt like there was a better way for me to serve and that there are other people who are better suited to try to be a vice presidential candidate, but the process was very positive. I certainly appreciated the time with the candidate. Donald Trump and his family members and certainly have an appreciation for who they are and how they conduct themselves.

BERMAN: You've also been somewhat critical of the campaign in the Kennedy, you told "The New Times" in mid-June, you were, "Discouraged by the results of some of the advice that you've been giving him".

Did that come at all into your decision not to keep your hat in the ring to be his running mate?

CORKER: Not, it really didn't, I just view myself as someone that if I ever were to serve in an administration, I would serve in a different way than being a vice presidential candidate. But it really didn't. I think that they have made moves in a very positive direction. They're going to make a lot more moves in that direction and they are in and, you know, but I think they're gearing up. And they're going to have a very professional campaign as they move ahead.

BERMAN: Where would you like to see the most growth for Donald Trump as a candidate?

CORKER: Well, you know, I think and I don't know if you've attend of to one rallies or not.


CORKER: You have?


CORKER: Yeah, it's and I think you would agree it is pretty amazing, the energy that is there and so I think he is tapped into something that none of the other candidates did. I think that people see that he loves being with them. He derives energy from that and so it is to be able to capitalize on that energy and the way that he is tapped into the American psyche during this race and to do so, and to build the momentum without committing any unforced errors. So going to be a few obviously but I think that's the biggest thing they have to overcome.

BERMAN: Senator, you said that Donald Trump has committed unforced errors on the campaign trail. Others think that Donald Trump has said things that are just false. You know, for instance, he keeps on saying that he is on the record, opposing the Iraq war before the invasion. There is no record of that. And there are other things as well. Do you have concerns that sometimes he plays fast and loose with the truth?

CORKER: Look, we've got a candidate who has been a business person all of their life, which brings a lot of strengths as people look to Washington to challenge its trajectory.

Again, I think you're going to see a lot of differences and moving ahead and I have to tell you, the caricature that I think has been portrayed of him as he is a very different person I think than the public sees him to be because of some of the unforced errors.

And I think they're working hard to, you know, putting into place the kind of discipline that are necessary in races like this. And my first race, you know, I certainly wasn't near as good at the beginning of the race as it was at the end. BERMAN: But good and truthful are two different things and you served in business and being in business, you have to be honest and, you know, and stick to the truth also, again, I'm just wondering if you see can this to work harder to stick to it?

CORKER: Look, I think, you know, they have recognized over the last several weeks that, you know, they're moving into the general election, they're running against the, a very professional campaign team and group of people and I think they're making the adjustments that they need to make to rise to that occasion and I hope that they do, I know that they understand that and I think that they will.

BERMAN: Senator Corker, thank you so much for your time.

CORKER: Thank you so much.

BERMAN: Yes sir.


BERMAN: All right just ahead for us, Hillary Clinton and the truth, Hillary Clinton and trust. Will the scathing comments from the FBI director sway voters already wary of the secretary?


[21:17:30] BERMAN: Hillary Clinton spent the second day since FBI Director Comey recommended against criminal charges against her not talking about it.

However, she did offer a stingy indictment of Donald Trump outside one of his former casinos in Atlantic City.


HILLARY CLINTON, (D) PRESUMPTIVE PRESIDENTIAL NOMINEE: When this casino collapsed, because of how badly he managed it, hundreds of people lost their jobs. Shareholders were wiped out. Lenders lost money. Contractors, many of them, small businesses, took heavy losses and many themselves went bust.

But Donald Trump, he walked away with millions. And here's what he says about the whole experience. He actually brags about it.


BERMAN: Now, what remains to be seen whether this line of attack will stick. Not necessarily on the merits, but possibly, because of the messenger and whether people will trust her. It is perhaps her biggest challenges and it has been years in the making. Here's Tom Foreman.


TOM FOREMAN, CNN CORRESPONDENT: 2008 in the heat of the Democratic Primary, Hillary Clinton describes a harrowing flight and a dash for safety in Bosnia a dozen years earlier.

CLINTON: I remember landing under sniper fire. There was supposed to be some kind of a greeting ceremony at the airport but instead we just ran with our heads down.

FOREMAN: But video of her smiling, shaking hands, posing for picture proves the story is not true. And Clinton backtracks.

CLINTON: I made a mistake in describing it.


UNIDENTIFIED MALE: Congratulations.

FOREMAN: Almost since she came to Washington, her trustworthiness has been under fire. Amid stories of her role and real estate deals and firings at the White House.

Conservative Columnist William Safire called her a, "congenital liar". And time and again, her actions have given opponents ammunition.

UNIDENTIFIED MALE: Do you think New York State should recognize gay marriage?



FOREMAN: She opposed same-sex marriage, then she backed it.

CLINTON: Where I support marriage for lesbian and gay couples.

FOREMAN: As the Obama Administration was saying the Benghazi attacks grew from a spontaneous protest, the secretary of state was privately e-mailing that it was the work of an Al-Qaeda-like group.

REP. JIM JORDAN, (R) OHIO: State Department experts knew the truth, you know the truth.

CLINTON: Well, Congressman, there was a lot of conflicting information.

FOREMAN: A two-year congressional throw produced no evidence of overt wrongdoing just as the FBI investigation into her e-mail produced no proof of a crime in what she has called a mistake.

[21:20:10] ANDERSON COOPER, CNN HOST: You defended President Obama's immigration policies, now you say they're too harsh. You supported his trade deal dozens of time so you can call that the gold standard, now suddenly last week, you're against it. Will you say anything to get elected?

CLINTON: Well, actually I have been very consistent over the course of my entire life.

FOREMAN: Plenty of her supporters seem content with that and they know anyone's political views can change. They dismissed many of her critics as political enemies just as she dismisses the idea that this could crater her campaign.

BRIANNA KEILAR, CNN CORRESPONDENT: Would you vote for someone that you don't trust?

CLINTON: Well, they -- people should and do trust me.

Thank you.

FOREMAN: But polls show most voters still do not.

Tom Foreman, CNN, Washington.


BERMAN: All right, thanks to Tom.

Back now with our panel joining the conversation, CNN Senior Political Analyst David Gergen and New York Republican State Committee Regional Vice Chair John Jay LaValle, who is a Donald Trump surrogate.

Christine Quinn, I want to start with you because you get to this issue of trust and you get to this issue of truth. Then we talk about the e-mails and what Director Comey announced yesterday.

Hillary Clinton said she never sent to received classifying the e- mails. The FBI director said that's not the case. Hillary Clinton said she never sent or received in her office and any e-mails that were marked classified. Director Comey said that's not the case. Hillary Clinton said she turned all of her e-mails, FBI director said that's not the case.

This gets to the issue of trust. This gets to the issue of leveling with the American people. Christine, do you see how that is a problem for her and why she would need to address it more?

CHRISTINE QUINN, CLINTON SUPPORTER: Well couple of things, on the e- mails and questions I think the campaign has been clear. They have not seen, and I don't know if they have yet, the e-mail that the director is referencing.

So we can't really speak to what their response is on that. What the facts are on that from their perspective, since they have not yet seen the e-mails. Not that they should have before the director's report but that is the facts we don't know what e-mails he is referring to yet. One, two, I think Secretary Clinton has herself recognized on the campaign trail that trust is an issue. She understands that. It's not surprising after 30 years of a cottage industry attacking the Clintons but let's also recognized that Donald Trump has incredibly high negative numbers. And also has incredibly high numbers of people believing he is not qualified to be president that is never ...


BERMAN: Before we get to Donald Trump, there's two quick points. We don't need to see the e-mails or Hillary Clinton or her staff don't you know what the FBI director said which is that, what she had claimed to the American people isn't true, that's according to what the FBI director just said.

Number two, David Gergen, Christine Quinn there just said something which you often hear from the Clinton team which is that people don't trust her because of 30 years of a right wing attack and you actually worked in the Clinton White House. So you saw some of the attacks against them but don't they bear responsibility? These attacks aren't coming out of thin air. Look at the one now about the e-mails. There are legitimate questions about whether she was telling the truth to the American people.

DAVID GERGEN, CNN SENIOR POLITICAL ANALYST: Very legitimate facts. They are not -- non legitimate attacks and I think she has been subjected over the years to a lot of illegitimate attacks that had no basis.

You know, and Donald Trump repeated that kind of thing today when he heard he claimed that the attorney general of the United States was bribed by the Clintons and there's actually no evidence to that.

So, but I must tell you that not answering the charges from the FBI for a day and a half, saying nothing. I think it's very disappointing. An awful lot of Americans would like to be able to vote for her because they're not happy with Donald Trump but they would like to look to her for leadership and for guidance. And that's what there not seeing. I think it's imperative.

Whatever you think about the facts, I think it's imperative that she come forward and respond to and answer a lot of questions that are on people's minds. She was one of the highest ranking people in the world who is being accused of being extremely careless about her national security secrets, and running a State Department that was extremely lax. She needs to respond to that.

BERMAN: Publicly?

GERGEN: Publicly, of course.


GERGEN: Absolutely. I think she's in needs to sit down with journalists and I'll answer all your questions to the best of my ability. Or she's going to have to go in front of one of these committees. But either way, can she handle it? Yeah, where she showed in Benghazi she can definitely handle it.

BERMAN: Just to be clear, you say, they are illegitimate attacks they're happene to be decades ...


BERMAN: .. but you agree there are very legitimate questions particularly in this case that she has not answered. GERGEN: Absolutely. Absolutely. This is, you know, this was a tough report. Yes. He came to the conclusion, the FBI came to the conclusion they would not recommend prosecution. But, it was a scathing report. And news organization after news organization said basically, they blew hole -- the FBI blew holes in her story. They dismantled her story. Whatever you want to say?

And so a lot of people, you know, she has not above everybody else. She has to show, I get it. This is serious. This is a serious investigation. I'm going to respond to it. I think I'm right. She's got some very good case on the classified documents. Let's wait and see.

[21:25:14] But I think she has to say voluntarily, I want to get to the bottom of this. I want to answer questions then we'll go ahead of our convention.

BERMAN: She's having a good case, but it is the FBI has a different version of the story than Hillary Clinton did ...

QUINN: And I think we would be ...

BERMAN: John, John I want to bring John into this conversation, well, she doesn't get a lot of press conferences so that would be news in and of itself if you didn't answer questions ...


BERMAN: John, you have been around for a long time including in New York where Hillary Clinton ran. There have been questions about the Clinton's for a long time, yet they keep on winning.

You know, Bill Clinton won a lot of elections. Hillary Clinton, she won an election here in New York, since she became the Secretary of State, she got through the Benghazi hearings and most people think completely unscathed. Why doesn't it stick?

JOHN JAY LAVALLE, TRUMP SURROGATE: Hillary Clinton is not Bill Clinton. First and foremost and what she's doing now is insulting to the American people. She's run in this entire campaign in a controlled environment. She refuses to be accessible to the press. She -- everything is in controlled where she is the only one talking she doesn't answer questions because she can't ...


BERMAN: She won here in New York. She won here in New York. Right. I know you were involved ...

LAVALLE: Going to New York.


BERMAN: She won the primaries. So it didn't stick. You think this time will be different. LAVALLE: Yeah, I do. Let's face it. The Democrat Party blocked everyone out. You have an open seat for president of the United States of America and there are really only two candidates and one of the candidates, you know, is a 70 some odd-year-old, you know, socialist. She really had no competition. It was a joke, why and you know, the vice president decided not to seek the presidency ...


LAVALLE: Well, I don't know about that. I don't know about that.

BASIL SMIKLE, CLINTON SUPPORTER: But, because there were four candidates in this race. Two of them dropped out Bernie Sanders for all intents and the purpose is still in this race.


SMIKLE: No, no, no, it's actually Bernie.

QUINN: No (inaudible) hell of a New York Primary, we won but we run the hell of New York Primary and let's also be clear attacking and a sailing somebody's age is just disrespectful and age is at ease ...

BERMAN: All right. I do want to get back. I want to get back.


BERMAN: Hang on. Hang on. Tara.

QUINN: Why did you attack his age?

BERMAN: Hang on Tara.

SMIKLE: Let's talk about the fact ...


SMIKLE: Listen, listen. To be clear, Hillary won New York soundly, number one. Number two, she has won more votes in this election than anyone.


SMIKLE: Number two.

BERMAN: Hang on. Tara Setmayer I want to bring you in.


SMIKLE: And I would also add going to the Bernie Sanders influence, he has influence and Hillary's own policy background has influence. A democratic platform that Democrats across this country are going to be incredibly proud of ...

BERMAN: All right Tara ...

SMIKLE: So they don't talk to me about sort of -- we got everybody out of the race, we had a substantive race.



BERMAN: I've been working very hard you can't give me part of this. Trust is seen as a vulnerable issue.


BERMAN: For Hillary Clinton. It's a vulnerability. The polls show and flat our clearly. Is Donald Trump the right candidate to prosecute that issue?

SETMAYER: No, because why do you think there are people on my side of this who don't want Donald Trump as our nominee are upset by the fact, that he could -- he -- we couldn't have a worse candidate because he is such a liar. And he says things that are so blatant untrue. And that it's one -- it's almost a wash.

So we're going into a general election now where people have to choose between who is the least liar. That is awful for this country, you know, and it pains me that we're in this position but Donald Trump -- I'm sorry has a huge deficit problem with the truth.



MCENANY: Here's why my colleague want to talk about Bernie Sanders because Christine and ...

QUINN: Your colleague brought up Bernie Sanders.


MCENANY: Either Hillary Clinton is massively incompetent for not knowing the law or she deceived the American public those are the two options. The deception argument is the much stronger one because hold on used to be their facts. She signed a nondisclosure agreement agreeing that she would suffer criminal charges potentially if she mishandled classified information and she send a memo to State Department employees saying, remember, don't conduct work business on private e-mail accounts.

She deceived the American public. She yell educated attorney. You guys have to choose between incompetence or its deception?


BERMAN: Any questions to David that we all said, David Gergen agrees she needs to answer perhaps in a news conference which would be a great idea or an interview which we think would be a great idea very, very soon, guys thank you very much. Stick around.

Coming up, Donald Trump says Saddam Hussein was bad, very bad but he did say that Saddam Hussein was good at killing terrorists. And this is not the first time Trump has expressed a certain admiration for dictators. We'll take a look at that (inaudible) of Trump history, next.


[21:33:40] BERMAN: The list of people Donald Trump doesn't like is long and varied from what he calls the dishonest media to his lyin', losin', low-energy crooked opponents.

Now, he did say Saddam Hussein was bad and that he doesn't like him. But he had some good qualities, Donald Trump said, at least when it comes to his acumen in killing terrorists. Watch this.


TRUMP: Saddam Hussein was a bad guy, right? He was a bad guy, a really bad guy. But you know why he did well? He killed terrorists. He did that so good. They didn't read them the rights, they didn't talk. They were terrorists. It was over.


BERMAN: Donald Trump reiterated again tonight repeatedly that Saddam Hussein was bad but that he was good at killing terrorists. And this is not the first time or second time that Trump has expressed admiration for some of the behavior of some dictators.

Randi Kaye reports.


RANDI KAYE, CNN CORRESPONDENT: They are some of the most powerful and dangerous dictators around the world, and Donald Trump seems to be impressed. Sure, he called North Korean leader, Kim Jong-Un a maniac but also called his killing of his political rivals amazing, adding, you have to give him credit.

TRUMP: He goes in and he takes over. He's the boss. It's incredible. He wiped out the uncle, he wiped out this one, that one. I mean this guy doesn't play games.

KAYE: Kim's uncle was accused of turning on the government. He disappeared suddenly and was later executed. Still, Trump has said he have no problem speaking with Kim Jong-Un.

[21:35:08] Then, there is Russian President Vladimir Putin. He and Donald Trump have enjoyed a bit of a bromance for months, Putin calling Trump bright and talented. Trump calling Putin highly respected. And when pointedly ask, about allegations that Putin has had journalists and political opponents killed, Trump defended him.

TRUMP: He's running his country and at least he's a leader, you know, unlike what we have in this country.

KAYE: Trump has also shown confidence in Muammar Gaddafi, even though the former leader of Libya once criticized the U.N. and vowed to die as a martyr rather than lose power.

In 2011 Trump said in a video blog that Gaddafi was slaughtering his citizens and that the U.S. should knock him out but later changed his tune.

In February at a debate long after Gaddafi was shot dead by rebel forces, Trump stunned many when he applauded the former dictator's regime.

TRUMP: We would be so much better off if Gaddafi were in charge right now.

KAYE: The two have a history. In 2009 Trump allowed his West Chester Estate to be rented to the Libyan leader so he could stay outside in a tent. Even sacrifice a live lamb while in New York for the U.N. General Assembly.

Gaddafi ended up not staying there but its Trumps tells it, Gaddafi paid him a fortune.

Trump has admired the tactics the Chinese government for its handling of the 1989 crackdown in Beijing Tiananmen Square. Hundreds possibly even thousands of students were killed calling for a more democratic government.

In 1990, Trump told "Playboy Magazine" "They were vicious, they were horrible but they put it down with strength" that shows you the power of strength.

At a Republican debate this year, Trump again called the crackdown horrible but went on to refer to the protests as riots which is exactly the word the Chinese government used to characterize them.

Governor John Kasich took a shot at Trump on the issue, saying "The Chinese government butchered those kids".

Randi Kaye, CNN, New York.


BERMAN: Up next for us, new video policer's officers killing a black man at Point blank range in Baton Rouge, latest city groping with a heart breaking case we're giving the facts when "360" continues.


[21:41:06] BERMAN: Tonight's other breaking news. CNN has obtained new video of a deadly police shooting in Baton Rouge, Louisiana. The images there are extremely graphic. You might want to ask any children watching now to leave the room.

The killing it has set up a wave of outrage and peaceful protest and a federal investigation. Here's Martin Savidge with the latest.

(BEGIN VIDEO CLIP) MARTIN SAVIDGE, CNN CORRESPONDENT: New video obtained by CNN begins the two responding officers and a 37 year Alton Sterling already struggling on the ground. Shouts and then shots are heard. The camera jerks away and then returns showing one officer lying on the ground beside an scrolled and unmoving Sterling.

Another officer reaches down and takes an object out of Sterling's pocket, witnesses later see that object was a gun, another videos circulating on social media is 13 seconds longer than starts earlier with the two Baton Rouge officers confronting a man in a red shirt later identified as Sterling.

One of the officers pulls him over the hood of the car and pins him to the ground, the second officer attempts to assists in restraining Sterling. Seconds later, someone shouts about a gun.

One of the officers appears to draw his weapon, more to this has offer only a fraction of the tragedy and don't tell the whole story.

UNIDENTIFIED FEMALE: Suspicions code two at 2100 North Forster across from Fairfield.

SAVIDGE: Before the videos, radio transmissions obtained by CNN show police were dispatched to the convenient store after an anonymous 911 call reported the man threatening with a gun.

UNIDENTIFIED FEMALE: He pulls the gun on the complainant and (inaudible) he couldn't be around there.

SAVIDGE: The convenient store owner with the shooting occurred say's he let Sterling sell CD's in front of the store and never had any problems.

Abdullah Muflahi was at his store when police arrived.

ABDULLAH MUFLAHI, STORE OWNER: There he is standing on top of a to the (inaudible).

SAVIDGE: Muflahi says the officers used a stun gun on Sterling then tackled him. Then came the gunshots.

MUFLAHI: After the cop had went inside his pocket.

SAVIDGE: After the shooting, the radio recordings captured the frantic officer calls.

UNIDENTIFIED MALE: 290 Shot fired! Shot fired!

UNIDENTIFIED FEMALE: Copy shots fired, North Foster 2100 North Foster Fairfield.

UNIDENTIFIED MALE: Both officers OK, suspect is down, I need EMS code 3.

SAVIDGE: Sterling died on the scene, according to the coroner. Cause of death was due to multiple gunshot wounds to the chest and back. Police have identified the two officers as Blane Salamoni and Howie Lake II who have a combine seven years on the force, both men are now on administrative leave. As video of Sterling's death spread on social media, it sparked outrage.

Amidst fears the demonstrations could grow larger and violent, the U.S. Justice Department said it is taking the lead in the investigation in to the officers' actions, while Louisiana's governor is calling for calm.

GOV. JOHN BEL EDWARDS, (D) LOUISINANA: And I'm urging everyone to remain peaceful. One thing is for sure, another violent act or destruction of property is not the answer.

SAVIDGE: While videos of Sterling shooting have triggered anger in many, they've caused obvious heart break for his family. Something painfully evident as the mother of Sterling son spoke in a news conference with the team at her side.

QUINYETTA MCMILLAN, MOTHER OF STERLINGS OLDEST SON CAMERON: He is 15 years old. He had to watch this. And this was clear all over was put all over the outlets. And everything that was possible to be shown.


BERMAN: Is tough to watch. Martin Savidge joins us now from Baton Rouge, and Martin, what's the reaction there tonight?

SAVIDGE: You know, the reaction it has been a -- it's mixed, last night of course, a lot of outrage. Tonight you've got a lot of protests. It's the second night of protests. You can see, it's pretty vocal, there is a mixed crowd of different messages that are coming.

[21:45:04] Some of course, are proclaiming this has got to be peaceful, maintain order, keep the streets open. They haven't been able to do that. The crowd has been peaceful, order for the most part has been maintained. But as the night wears on, it is quite clear this is still a gathering point. One of sorrow and also one attention, John.

BERMAN: All right. Martin Savidge for us in Baton Rouge. Thank you so much Martin.

Much more ahead on this story, Charles Blue (ph) Harry Halk (ph) and Marco Merry (ph) weigh in. And what we know so far, what should happen next and what factors investigators will consider when evaluating the officers' actions.


[21:53:41] BERMAN: Now, we're talking about the deadly police shooting in Baton Rouge.

Again, a warning, the material here is very graphic. 37 year old Alton Sterling, a black man was tackled and pin to the ground by two white police officers, shot multiple times at Point blank range.

Several videos including this new one obtains tonight by CNN have surfaced of the shooting. They have few peaceful protests. The Justice Department is now handling the investigation.

Joining me, CNN Political Commentator and New York Times Op-ed Columnist Charles Blow, CNN Law Enforcement Analyst and retired NYPD Detective Harry Houck, and CNN Legal Analyst and Criminal Defense Attorney, Mark O'Mara.

Harry, let me start with you. We've seen this video. We've seen the two officers on top of this man. Again, you can't always tell everything from the video, but from what you've seen as you've looked at this, did these officers have other options?

HARRY HOUCK, CNN LAW ENFORCEMENT ANALYST: You know, I like the fact that the second video came out, because we saw this from a whole different perspective.

Those officers that you can see in that second video are both on top of Mr. Sterling trying to fight with them, all right. Mr. Sterling did not comply with the officers. And therefore, this altercation started.

Now, when they had him down on the ground and looking from that perspective on the video there, one of the officers yells that he's got a gun.

[21:49:59] But the other officer pulls his weapon. And you can see, the other officer trying to gain control of that right arm. Now, that right arm is near the right pocket where that weapon is.

The officer with the police officer's weapon that is being put into the chest of Mr. Sterling is telling the man, calm down, stop or you know what I'm going to do.

And at that time, if you look at that other officer, he does not now have control of that right arm and those officers at that time believed that their lives were in danger and that Mr. Sterling was able to get near or close to that weapon and they had a fire.

Now, if you look at the police officer's body language, after he fires and moves away, he still thinks he's in danger. And that maybe the suspect might now have the gun. And then finally, the second officer comes over and takes the gun out of the pocket.

BERMAN: Charles Blow, there is now a federal investigation. The Department of Justice Civil Rights Division will oversee it. They head at a local and (inaudible) CP chapter is calling for the officers to be arrested. Sterling's family says it was an unnecessary lost of life. How do you see it?

CHARLES BLOW, CNN POLITICAL COMMENTATOR: Well, I mean, I can't litigate based on the videos, right. I think we kind of overstep when we do that. I think we don't do the public any justice. I think we enflame rather than educate. But I do -- there are things that can you see in this video, which is that, you know, he comes into contact with the officers, he is alive, he is shot at point blank range and killed.

And in addition to that, there's one thing that nobody is commenting on. And this is something that has happening in almost every case that I have covered, many of these cases, that people were killed by police, which is the, you know, withholding of the immediate administration of aid to save the life, because they are still alive.

When the video does not capture -- I don't know what happens after the video goes off, but they see that he is still alive, they remove whatever it is from his pocket that presumably that is the threat to them and still no one tries to stop the bleeding from his chest.

This happens in the case of Trayvon Martin, this happened in the case of Tamir Rice, this happened in the case of Eric Garner where they checked his pockets rather than delivering, administering CPR.

What is it about this particular people that makes people lack the basic human empathy that would say even if I had to shoot you, I now see that you are incapacitated and you can no longer harm me. At least the least I can do is to try to keep you in line.

BERMAN: Mark, I want to get you in one second, but Harry, you've been off that he respondent. Mark -- Harry, Harry, Harry hang on.

Harry, now, is there a way to get aid more quickly to people who have been shot like this? Harry?

HOUCK: Oh, are you asking me?


HOUCK: Is there more aid? I'm sure that the officers as soon as they shot this man, Mr. Sterling, that their next procedure now is to handcuff him. All right, and once he is handcuffed, and now you can call the EMS. I'm sure the EMS was responding as soon as they called shots fired. And the EMS responded.

I didn't see anything on the video about how fast anybody tried to give this man some kind of aid, but we have two police officers who are in the heat of it and you're fighting for your life and you just fired some shots, those two police officers might be a little shocked themselves.

BERMAN: All right. And again and we don't know what happens after the video here. So that will be a question there.

And again, one of the issues I think will be were those officers fighting for their live, and one of the issues that will be important there, Mark, is the disposition of the gun.

The police afterwards today, we heard in a news conference say that the man was Alton Sterling was armed there. We did see a gun that appeared to be taken from Sterling's pockets after the shooting. If he does have a gun in his pocket, his pocket, would that be enough to justify deadly force?

MARK O'MARA, CNN LEGAL ANALYST: Well, it may very well be. Here's why. First of all, our prayers to the family and to the community that this resolves itself in some peace and some education as Charles said.

And we have to be very careful, speculating, jumping to conclusions. But the analysis is going to be frame by frame. First of all, they come to the scene because somebody has been threatening somebody with a gun. So, that's their premise if they go there with any no ...

BERMAN: We're now told by the way. We're now -- were now told, Mark -- (inaudible), so we're now told that the dispatch called, they were told he was brandishing a gun, I don't know that the word threatening was used, but brandishing a gun. I'm not sure whether on that.

O'MARA: OK, brandishing a gun. When a gun is involved, that is a deadly weapon. It has to be addressed with that level of concern.

So, now they come to the scene and they do what they're allowed to do, get control of the situation.

If he is resisting, maybe because he doesn't know why he's being stopped and being harassed by the cops in his mind, nonetheless, on the street they are the judges. We give cops that authority to get control of the situation, which is what they do.

Once they get him down -- now, as soon as they see the gun, it is pretty apparent the gun wasn't out and certainly not in his hand. But if the cop sees the butt of a gun, that's a gun and if he doesn't have full control of his right hand and he was trying to get control over it, that situation has now gotten much, much worse because a deadly weapon is now in play in their minds. With the premise that he had it before, they now see where it is.

[21:55:14] And I think we're going to hear, we hear the cop's statements that they saw the butt of the gun. Once that's in play, they now have to be aware that that is a deadly force situation. That's why the one cop takes out his gun, the other cop says put your hand where I can see it or whatever he says.

Unfortunately, in the moment, in the split second that a decision has to be made, if he is not compliant, if they can't get his arm out because of the bumper of the car or just because of the slight resistance, they have to deal with at potential active weapon and that's what they did.

And unfortunately, it seems as though the way it develops quarter second by quarter second, there wasn't a lot more that could happen once one cop said he saw the gun and the other cop reacted to the fact that the gun was present.

BERMAN: Charles, we got 15 seconds left. Hang on Mark, Charles going to get about, we have a 15 seconds left. The Department of Justice now overseeing this investigation at the right authority here?

BLOW: I think so. I think, you know, what we have here was a historic trust, right. There is those state violence, there is community violence.

What you want to have is a situation where the community people, the vast majority whom are doing the right thing, trust the police enough to be able to call and not believe that that call will leave to then be a complicit in another person's death. And right now, that relationship is gone severely strained.

BERMAN: Gentlemen, thanks so much for being with us. We'll be right back.