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ANDERSON COOPER 360 DEGREES

Trump Continues Pitch to African-Americans; Judge: Clinton Has To Answer Questions on E-mails; Final Detained U.S. Swimmer Now Leaving Brazil; New CDC Warning On Zika Virus; Update On The Child Of War; CDC: Pregnant Women Should Avoid Miami Beach; CDC: Pregnant Women Should Avoid Miami Beach-Dade Co.; Clinton On Trump's Black Outreach: "So Ignorant It's Staggering". Aired 8-9p ET

Aired August 19, 2016 - 20:00   ET

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


[20:00:11] ANDERSON COOPER, CNN ANCHOR: Thanks for joining us on this Friday evening.

Whether it's a new Zika virus travel warning in Miami Beach, swimmer Ryan Lochte's apology, and new e-mail headache for Hillary Clinton, President Obama's belated decision to visit the Louisiana flood zone, or Donald Trump's new pitch to African-American voters, there is a lot happening in the next two hours tonight.

We begin with another day for change or of change for Donald Trump. He started by ditching his campaign chairman. He ended the day just a few hours ago with another appeal to African-Americans made in a Lansing, Michigan, suburb that unlike Lansing itself is 95 percent white.

More now from Jessica Schneider.

(BEGIN VIDEOTAPE)

DONALD TRUMP (R), PRESIDENTIAL NOMINEE: What do you have to lose by trying something new like Trump?

JESSICA SCHNEIDER, CNN CORRESPONDENT (voice-over): Donald Trump making a passionate pitch to African-American voters telling this mostly white audience near East Lansing, Michigan, that Democrats have been the ones keeping minorities down.

TRUMP: America must reject the bigotry of Hillary Clinton who sees communities of color only as votes, not as human beings worthy of a better future. Hillary Clinton would rather provide a job to a refugee from overseas than to give that job to unemployed African- American youth.

SCHNEIDER: Trump started the day in Baton Rouge, criticizing the president for staying on vacation on Martha's Vineyard during the worst natural disaster since Superstorm Sandy. The White House announcing just as Donald Trump's jet took off that President Obama will travel to the devastation on Tuesday, but Donald Trump didn't let up.

TRUMP: Obama ought to get off the golf course and get down there. AD NARRATOR: In Hillary Clinton's America, the system stays rigged

against Americans.

SCHNEIDER: Trump's first TV ads hit the air today. The campaign spending $4.8 million over the next ten days for ads in the battleground states of Ohio, Pennsylvania, North Carolina and Florida.

AD NARRATOR: Donald Trump's America is secure. Terrorists and dangerous criminals kept out, the border secured, our families safe.

SCHNEIDER: Clinton's camp already on the attack. Campaign spokesman Brian Fallon tweeting in case you thought for a split second Trump was genuine about feeling regret, he is back to demonizing immigrants again in his new ad today. Trump's sharpened tone comes as his new team takes over and Paul Manafort resigned as campaign chairman. Sources telling CNN, Manafort told Trump he was becoming a distraction and wanted to end it.

(END VIDEOTAPE)

COOPER: Jessica joins us now.

Has Trump addressed the Manafort resignation?

SCHNEIDER: Well, you know, Anderson, Donald Trump hasn't spoken about it, but has released a statement saying he's appreciative to Paul Manafort, especially during his work during the convention and delegate process. But interestingly, the Clinton camp has pounced on this, saying that the resignation of Paul Manafort is not the end of what they're calling the odd bromance between and Vladimir Putin -- Anderson.

COOPER: Jessica, thanks very much.

Let's bring in our panel. Clinton supporter and former South Carolina state legislator Bakari Sellers, Democrat and former Congressional Black Caucus executive director Angela Rye, also Trump supporter, Kayleigh McEnany, conservative Trump critic Tara Setmayer, and Trump supporter and former South Carolina lieutenant governor, Andre Bauer, and our own John King, chief national correspondent and "INSIDE POLITICS" anchor.

It is interesting, John, that Donald Trump has continued to publicly talk about African-Americans, but he's doing it to an overwhelmingly white community, to overwhelmingly white crowd. He doesn't seem to be making much of an effort to go to any place where there are African- Americans to speak directly to people.

JOHN KING, CNN CHIEF NATIONAL CORRESPONDENT: Well, he has 80 days to go and let's see if he does it. Let's see if he goes to inner city Detroit. Let's see if he goes into inner city in Cleveland. Let's see if he goes into inner city in Philadelphia.

But it is interesting and I know you have some skeptics and I'm waiting to hear what Bakari has to say about this, to say why is he doing this? And some will say it's cynical. Some will say it's a ploy. I think we should watch and see if there's follow-up.

If he says it once or twice in a speech, that's not enough for any community, and it's certainly not enough for a company that feels like in many cases, not all, but in many cases feels most of the Republican Party has ignored them.

Look, Donald Trump is getting 1 percent or 2 percent in national polls right now among African-Americans. Mitt Romney got 6 percent. That was pretty pathetic. Even Mitt Romney will tell you that. John McCain got 4 percent. George W. Bush got 11 percent back in 2000, the last Republican to win the White House.

What is Donald Trump up to here, Anderson? Of course, any candidate, I hope would like to get more votes in any community. So, if he can get a little bit more on the African-American community and if turnout among African-Americans drops just a little bit in the first post- Obama election, that helps Donald Trump.

But there's something else at play here, too. A lot of independents view Donald Trump as intolerant. If they see that he's reaching out, see that he's -- if he's making a genuine effort, not just one or two speeches, maybe it helps him among more independent, to moderate voters who think he's intolerant.

[20:05:07] COOPER: Bakari, I want to play of what Donald Trump said with a little bit more of what he said and have you respond.

(BEGIN VIDEO CLIP)

TRUMP: I'll say it again. Look, what do you have to lose? Look, what do you have to lose? You're living in poverty. Your schools are no good. You have no jobs, 58 percent of your youth is unemployed. What the hell do you have to lose?

(END VIDEO CLIP)

COOPER: Is that a message actually you think for African-Americans or --

BAKARI SELLERS, CNN POLITICAL COMMENTATOR: I don't think that we've seen a candidate that is more uncomfortable around people of color in recent history than Donald Trump. I think that -- and I would hope that Kayleigh and Andre when we get to them would agree that maybe Donald Trump had something to say, but that was definitely not the way to say it.

I think that Donald Trump and, I actually spoke to some of my friends today who are not overly excited about Hillary Clinton. But they heard the same condescending rhetoric that I heard.

And I think that Donald Trump, I gave a litany yesterday about Donald Trump's background and relationships with African-American, so I dare not repeat that today. But Donald Trump has a lot of work to do showing that he has policy prescriptions for a lot of the ails that he talks about. He didn't lay those out. But he actually has to learn how to speak to African-Americans with dignity and respect. First, we have -- there is an entire middle class of African-Americans. We're not all destitute. We are not all impoverished. We're not all sitting on our behinds at home.

African-Americans want to achieve the American Dream. They get up and work hard every single day and yes, some of those people don't work for Donald Trump because that's some of the retorts. Oh, my God, do you see the people that work for him?

So, he has a long way to do, but I think what you saw today in that speech is why diversity matters because if Donald Trump had someone in his inner circle reading that speech that was a person of color, they would have said, look, I know what you're trying to say, but that is really not the best way to say it.

COOPER: Did it surprise you to say that?

ANGELA RYE, CNN POLITICAL COMMENTATOR: No. I mean, this is more of the same from a candidate that has demonstrated over time. I remember saying from the outset that I thought that his language was racist and bigoted and I remember getting heavily criticized and over time, we've seen that message to remain true.

I think the biggest frustration I have with Donald Trump and it's not just unique to his campaign. It also, I think, extends to the GOP writ large is, when you hit them back with what are you talking about, you know, Democrats, are the ones who are the mayors and the local elected officials and local inner cities, that is not the only problem. We have state legislatures that are Republican-controlled.

And these issues are not unique to either party. Racism knows no bounds. So to me the frustration is if we want to have an honest conversation about progressive policies in it country to uplift communities of color, we have to deal with the institutional racism that is not unique to either party.

COOPER: Hillary Clinton just tweeted a response to Trump's message. I want to put that up. "This is so ignorant and staggering."

I mean, do you think there is a chance, Kayleigh, that African- Americans might find Donald Trump's message insulting?

KAYLEIGH MCENANY, CNN POLITICAL COMMENTATOR: Not at all. Take it from black liberal commentator Tavis Smiley who said under the Obama administration, blacks are failing in every single economic category.

Don't take it from me. Take it from a black conservative commentator Larry Elder who came out with a staggering number that under three years of the Obama administration, we saw that the average wealth for an African-American is now at 11,000, for a white American, it's 142,000 and that is a 13-fold difference.

When Kennedy won the election for the first time, won the black community in overwhelming numbers, Dr. Martin Luther King said something very powerful. He said that it was time for Kennedy to pay the promissory note, make good on the promissory note. And he did. Johnson passed the Civil Rights Act.

Well, Democrats have been given an astonishing mandate going back to Bill Clinton, when African -- he won African-Americans by 80 percent. They have failed this community, they are struggling, a 13-fold wage gap, a huge unemployment gap, and these failing schools. It is unfair.

COOPER: Does it sound like he's painting with a broad brush here, saying your schools are failing, you're living in poverty, things can't get any worse for you?

MCENANY: No, but that's a lot of people's reality. Look --

SELLERS: No, it's not.

MCENANY: No one in this panel live in inner cities, so I don't think any of us can speak to the --

SELLERS: Whoa, whoa, whoa, whoa.

RYE: You don't know any of our stories. I'm not going to speak for Bakari, but I'm going to say this, you don't know the district that he's represented. You don't know the members who I worked for and the areas that they represented.

No, I am not from the inner city. No, my parents were never on food stamps. No, I don't know what it's like to be on welfare or have to have cared about welfare reform.

But I know people in my family who have had these struggles, and I am so disrespected by what he said today and I am further disrespected by you putting at the feet of President Obama the wealth gap.

I just talked about institutional racism for a reason. We have to stop living in denial and acting like the first black president got into office to discriminate against black people. That is not what happened.

(CROSSTALK)

RYE: He is the first black president.

[20:10:00] MCENANY: We had a series of Democratic president --

(CROSSTALK)

RYE: We had George H.W. Bush and we had Ronald Reagan and after that we had W. This is about everybody in between. This is about racism not knowing any --

(CROSSTALK)

MCENANY: Why is Tavis Smiley, why is Tavis Smiley wrong? Why is he wrong?

(CROSSTALK) SELLERS: Because Tavis Smiley and Cornell West have been legitimately wrong when it comes to Barack Obama for a very long period of time. Those are personality differences and character issues that we dare not delve into tonight. So, I do discount what Tavis Smiley says and I do discount what Dr. Cornell West said.

(CROSSTALK)

SELLERS: The African-American wealth during the 1990s went up. African-American wealth and the income inequality gap that you're talking about --

MCENANY: You know what also happened? I know you don't want to talk about the crime bill.

(CROSSTALK)

SELLERS: Let me tell you this. I'm from Denmark, South Carolina. We have three stop lights and a blinking light. We are on the footprint of what's called the quarter of shame, where kids go to school where their heating and air don't work, where their infrastructures are falling apart, where teachers are pushing around carts and are underpaid. This is broken. This is not an inner city, I know. But these are African-American children that are punished because of that zip code.

On top of that corner of shame is also a stroke belt. It's where African-Americans are predisposed to preventable illnesses, like diabetes, like cardiovascular disease. But this isn't just where I live. This is also in Compton. This is also in Flint, Michigan. This is -- Donald Trump went to Detroit and outside of Lansing, the suburbs of Lansing today and he talked as if there's not a Republican governor of Michigan. There is.

I mean, he talks as if there's not a Republican-controlled legislature in Michigan. It is. So I understand that you want to lay the blame at the feet of whomever, whether or not it's Martin O'Malley in Baltimore or whomever the mayor may be of Detroit, and I know you want to lay the blame because it's an easy cop-out.

MCENANY: Democrats have had control of Michigan for a long time. I am so glad you brought up schools, Bakari, because your candidate doesn't support charter schools. Donald Trump is for school choice. He is for opening schools because that's where it starts. That's where poverty starts. It starts in the schools.

And let's about your candidate -- your candidate -- you talk about al the great years under the Clinton administration, it wasn't so good for a lot of African-Americans.

(CROSSTALK)

MCENANY: There a lot of young African-Americans, she called this group super predators.

(CROSSTALK) SELLERS: First of all, use the context of the sentence and not only that, but I criticized Hillary Clinton, will criticize her from this day forward however long it takes about the usage of the term super predators because it didn't have a place then, it doesn't have a place now. You know what Hillary Clinton said though about that rhetoric that she interjected in that speech when talking about drug cartels and gangs, she said I apologize. She said I shouldn't have used it. She said back then it was wrong, and it was wrong today.

Donald Trump's language today was an offense and an affront to many African-Americans and if he can't own that, what are we talking about?

MCENANY: The promissory note your candidate (INAUDIBLE) African- American community --

SELLERS: Just quote one Martin Luther King.

RYE: And number one, she wasn't the president. She was the first lady.

COOPER: Andre?

ANDRE BAUER, CNN POLITICAL COMMENTATOR: I can see exactly where -- you know, I'll tell you where I did Trump did really good. I don't think he knocked it out of the park today by any stretch of imagination. I can't understand that.

Bakari, I'll tell you, I had an African-American chief of staff. I mean, I tried to do what I could as a Republican. But we haven't done what we needed to do as a party to reach out to a big group of voters that need help. And the Republican Party can do something for them. We have the right message, but we haven't done what we needed to do.

Donald Trump is making baby steps. He didn't do it the way I would have done it. I would have liked to seen the approach and the verbiage different, but he is at least making an effort to try to move.

COOPER: Tara, and we got to go to break. We'll continue this.

TARA SETMAYER, CNN POLITICAL COMMENTATOR: Listen, as someone who spent 20 years working on conservative politics, who has been actively involved in minority outreach from the time I was 18 years old, I have repeatedly seen the failure of the Republican Party properly message the R policies. Absolutely I believe that conservatism is better solution, we have better policies to help everybody including, Black America, from school choice, from the empowerment zones.

But Jack Kemp who's really one of the people who went into communities and was present, you can't expect to sit there and condescend and preach at people in an all-white audience in an all-white town telling black folks what they should or shouldn't do when you haven't had one interaction.

But Donald Trump has had an opportunity to speak in front of the NAACP, the NNBJ conference, and NBPA, the National Black Publisher's Association.

RYE: Urban League.

SETMAYER: Urban League, that's right. You would think Urban League would be a natural place because it's business. He's done none of those things. They won't even get phone calls back.

So, this is pandering because he sees how badly he's doing. So, somebody told him, you better write this into your speech. That's not going to help our values whatsoever and African-American community is not going to listen. Donald Trump is a terrible messenger on this and having people who have never had interaction with black folks and living in communities or do anything that, lecturing others about that, people who actually worked on those things isn't going to help the situation.

COOPER: Listen, we've got to take a break. We're going to continue this discussion. It's an important one. We're going to take a short break. More on this ahead.

(COMMERCIAL BREAK)

[20:18:45] COOPER: Continuing the conversation from before the break, the subject, Donald Trump's message today to African-Americans. Here's what he said, particularly the line that's getting a lot of attention.

(BEGIN VIDEO CLIP)

TRUMP: I'll say it again. What do you have to lose? Look, what do you have to lose? Look, you're living in poverty. Your schools are no good. You have no jobs, 58 percent of your youth is unemployed. What the hell do you have to lose?

(END VIDEO CLIP)

COOPER: John, I want you to take a look at the latest poll. I mean, it has him with only 2 percent of the vote for African-Americans. What does he need to do to change that? Can he change that given there are 80-some days left?

KING: It's very difficult. And I think to Tara's point, being present is what matters.

Again, you can say this is very cynical on Donald Trump's part, I can give you a cynical political argument that if Donald Trump can get more, if turnout drops a little bit, I can give you all the map and crunch the numbers, or I can give you the OK as Andre says he's taking baby steps here.

I don't read minds so I don't know what the sentiment behind this appeal this week for Trump is. But if you're at 2 percent in the polls among African-Americans, and African-Americans turn out anywhere near where they turned out in 2012, which was down from the history making year of 2008, and then you lose the presidential election, period. Because if African-American turnout is significant in Cleveland, it's pretty hard to win Ohio.

[20:20:03] If African-American turnout is significant in Philadelphia, and she does well in the suburbs, where Hillary Clinton is doing well now among white college-educated suburban, especially women, but among all suburbanites. So, if Hillary Clinton has the Obama coalition and get high African-American turnout in the cities and in the suburbs.

Bakari is right. You don't forget the African-American middle class. Go to Prince Georges County, Maryland. Go to the research triangle in North Carolina, and other battleground states. This isn't just about inner city African-Americans.

So, I make the mistake of over-generalizing sometimes, but in the traditional Democratic coalition, if the African-American vote turns out and it's 95 percent plus or even 92 percent plus for Hillary Clinton, 93 percent plus in Cleveland, in Philadelphia, in Charlotte, game over.

COOPER: It is interesting, Bakari, that when Donald Trump does talk about African-Americans, it is -- he's just talking about inner city and even the portrait he paints of life in the inner city, it has no nuance about people working hard, about working multiple jobs of the variety of life that is in any community.

SELLERS: I mean, I think that -- I know Tara might point this out, I know that Tara has worked in Congress and so has Angela, but one of the things they may get their members with the people they worked with is actually finding a positive story about the group of people that you're talking to. That's been missing.

But I think the disconnect that Donald Trump is having is one of -- I know he can't quite get the empathy, but it's one of sympathy. It's one that recognizing that I'm 31 years old, but my father literally was shot and imprisoned in the massacre during the civil rights movement. We are only a generation away from the George Wallaces and the water hoses and the dogs and the little girls in Birmingham and Jimmie Lee Jackson, and Modjeska Simkins, Fanny Lou Hamer, I mean, the list goes on and on and on. I mean, boom, 1968.

In 1968, we're not that far away, we had the Orangeburg massacre, we had Robert Kennedy and Martin Luther King died in that same year, all -- I mean, those things happened and I think he's having a hard time understanding how far we've come and that way he cannot put together where do we go from here?

The last point is CNN just wrote a great article, and it was in CNN Money and it talked about African-Americans at the rate we're growing today it takes us 228 years to catch up to white families, 228 years. So to Kayleigh's argument and Andre's argument and whoever wants to lay the argument at the foot of, you know, this back breaking Democratic policies in inner cities, that ain't it.

MCENANY: That is it. You might think 27.2 percent poverty rate among African-American individuals, Larry Elder, black conservative commentator, cited that number, you guys might think that's a good thing, but one third of this community -- (CROSSTALK)

RYE: That's not fair.

MCENANY: It is horrific.

RYE: Kayleigh, can you retract that, Kayleigh? That's not fair.

(CROSSTALK)

MCENANY: -- constituents to say how they will be different than Barack Obama and how they will get African-Americans out of this vicious cycle, where you're in a failing school and then one-third of African-Americans are in poverty, that is horrendous.

It's time to live up to the promises that have been made to this community. It's unfair. Everyone deserves a shot to the American Dream.

I have to correct something you said. Donald Trump was positive and he said African-Americans have fought in every single war, they've raised the national conscience. Maybe you guys didn't hear that. You don't want to hear good thin from Donald Trump. He was very good today and he was on the cutting edge of civil rights at Mar-A-Lago.

He was the first person --

(CROSSTALK)

RYE: I know what you said. You lied.

MCENANY: Mar-A-Lago, he was the first person to allow blacks and Jewish individuals into his -- into his club. In fact, he brought a lawsuit against other clubs, part of which alleged they weren't allowing.

RYE: After he got sued for spousal discrimination.

SELLERS: Why didn't he rent to African-Americans? Why didn't he rent to African-Americans?

MCENANY: There were a lot of federal lawsuits brought then and there was no verdict in that case.

SELLERS: Twice. He settled twice.

(CROSSTALK)

RYE: Time out. There are two things that I need to address. One, Kayleigh, I really want you to retract that the poverty rate was a good thing.

MCENANY: Bakari sat here last night and tonight and acted as if the economic conditions for the African-American community are good.

RYE: So, you're not going to retract it. SELLERS: That's fine.

RYE: You're not going to retract it. That's fine. I did not say that. So, viewers, I did not say that.

Number one, if you want Donald Trump to stay something that's meaningful for black people and spokesman person for all black people tonight, but what I'm going to tell you is this, plain and simple, he can disavow his racist butler, he can apologize for the those house discrimination for the Department of Justice, he can tell me that that Black Lives Matter protester who he said deserved to get beat up, he retract that and parks apologize for that, he can tell me he never meant to say those legal fees of the guy that punched the black man in the face on the face at his rally shouldn't have happened, he can apologize for the Indian man that was thrown out of his rally today, he can apologize to the Central Park 5 for the full-page ad -- and I am just getting started and I haven't even got to last July.

[20:25:08] My only point to you is this, Donald Trump doesn't just have a messaging problem, he has a message and belief problem, Kayleigh, and he has to hear it from more than rhinestones and polyester, his two little (INAUDIBLE) that go out on the trail today.

(CROSSTALK)

RYE: I will go there with you all day.

MCENANY: Bill Clinton was at an all-white golf course and the NAACP leader came out and said, this is horrible. You have to come out and apologize for this.

RYE: Two weeks ago a Florida Republican GOP staffer was kicked out of a Donald Trump rally because he was black.

MCENANY: Bill Clinton passed a crime bill that put a lot of African- Americans in prison.

RYE: Agreed. Horrible.

MCENANY: While calling the community super predators.

RYE: Ii believe they have apologized for it, Kayleigh. Did your candidate speak to the NAACP?

(CROSSTALK)

MCENANY: That is what is delivered under Democratic administration. That is why Alan West and Tim Scott.

RYE: Alan West?

SELLERS: Tim Scott doesn't even support Donald Trump. So --

RYE: And actually Tim Scott is the same senator who went on the Senate floor talking about the times he's been racially profiled and a concept that Donald Trump won't even acknowledge exists. MCENANY: He has acknowledged that it exists. Maybe you didn't hear

it but he has --

RYE: Maybe it got confused with the several other times that called people that look like me thugs. Perhaps that's what got me confused.

MCENANY: Has unbridled illegal immigration.

(CROSSTALK)

SELLERS: I wanted to do this.

(CROSSTALK)

SELLERS: I think what we saw today was we saw the Bannon impact on Donald Trump because what Kayleigh was about to walk down is a very dangerous nationalistic rhetoric path in which you begin to pit these groups against each other.

One thing Donald Trump said today and it made me perk up when he said you're a refugee in your own community. So, by pitting the African- American community in these, quote/unquote, "inner cities" that are blatantly lazy and have no jobs, have no schools, that Donald Trump was portraying, against refugees and against Hispanic-Americans and against immigrants, and what you're trying to do is drive a wedge and that's a very dangerous political philosophy.

(CROSSTALK)

SELLLERS: The question is whether or not that will work, and I doubt it.

MCENANY: Bakari, do you know who Peter Kirsanow is? He's a U.S. civil rights commissioner who sat before Congress and said illegal immigration is harming the black community and he cited the statistic, 2 million more black men and women are in the workforce. Yes, 2 million fewer have jobs, while 4 million foreign-born people found jobs. That is a fact.

Illegal immigration --

RYE: You know who provides jobs to foreign workers? Your candidate.

MCENANY: Democrats have ignored it and it's a shame.

RYE: No, Kayleigh, you keep making these blanket statements that we have ignored things or support certain things because we're pushing back on the rhetoric that you're using that to Bakari's point is very dangerous. I pushed back and told you what your candidate can do to get more black support. You can take it or leave it.

SELLERS: I don't think -- take notes. African-Americans are not monolithic, right? African-Americans are not monolithic. Is it possible for Republicans to make inroads to African-American communities? Yes. I think it was.

(CROSSTALK)

SELLERS: I know that Trey Gowdy and Tim Scott are making reforms throughout the South and Paul Ryan. There is a way to do it, but to bastardize, to demonize, to condescend is not the way and I don't want people to think there is not a way.

SETMAYER: This right here, this is the problem with what the Republican Party where they have failed like I said in the messaging, constantly making it balkanizing the different racial identity groups.

Yes, it's true that illegal immigration hurts lower income African- Americans in certain communities. Yes, all of those statistics are true. But Donald Trump is talking in such a narrow tunnel vision way that all black people are poor and live in the city. He didn't address anything about home ownership. He didn't address anything about black-owned businesses.

(CROSSTALK)

SETMAYER: He didn't address anything how black-owned female businesses were the fastest growing businesses under George W. Bush and now they're not under Barack Obama because of the failed economic policies. He' not talking about those kinds of things and he's balkanizing and engaging in leftist racial identity politics and it's really frustrating to hear this.

COOPER: We're going to have a lot more to talk about coming up. There is breaking news. A judge rules that Hillary Clinton will have to answer questions about her e-mails under oath. We'll have more on that ahead.

(COMMERCIAL BREAK)

[20:33:26] ANDERSON COOPER, CNN ANCHOR: Well, the scrutiny continues over Hillary Clinton's e-mails when she was secretary of state, State Department's relationship with the Clinton Foundation. Secretary Clinton has repeatedly defended both aspects of that controversy. Still, there are going to be big changes at the foundation, she says if elected president. And tonight, there's breaking news on the e- mail scandal that just won't go away.

Joe Johns has the latest. Joe?

JOE JOHNS, CNN SENIOR WASHINGTON CORRESPONDENT: Anderson, another development keeping the e-mail story alive, but there was a small victory in there for Hillary Clinton. A Federal judge in Washington ruling that she must respond to questions in writing and a freedom of information lawsuit over her e-mail server. Lawyers for the conservative group Judicial Watch had asked for permission to interview her under oath. The campaign tonight saying it is happy with the ruling, but calling out Judicial Watch for its pursuit of the Clintons since the 1990s and describing the case as just another lawsuit intended to hurt the campaign.

Meanwhile tonight, more on the Clinton Foundation and the effort to clean up the optics. (BEGIN VIDEO CLIP)

JOHNS: Former President Bill Clinton trying to avoid any actual or the appearance of conflicts of interest announcing he will resign from the board of the Clinton Foundation if his wife, the former secretary of state, wins in November. The Foundation taking an additional step saying they'll also no longer accept corporate or foreign donations.

DONALD TRUMP, (R) PRESIDENTIAL NOMINEE: The book, "Clinton Cash" by Peter Schweizer, documents how Bill and Hillary used the State Department to enrich their family and America's -- and at America's expense. She gets rich making you poor.

[20:34:59] JOHNS: The Foundation has come under scrutiny for its close contact with the State Department while Hillary Clinton was secretary.

TRUMP: Has Hillary Clinton apologized for turning the State Department into a pay for play operation where favors are sold to the highest bidder?

JOHNS: The Clinton campaign flatly denies any pay to play allegations. In fact, the candidate has defended the Foundation's work.

HILLARY CLINTON, (D) PRESIDENTIAL NOMINEE: We have so much that we're proud of and I will put that up against any of the innuendo and accusation coming from Donald Trump because the work that has been done has garnered accolades and appreciation from every corner of the world because it has been so far-sighted, visionary and effective.

JOHNS: But Republicans jumped on the new announcements. The RNC releasing a statement saying, "If everything was above board while Hillary Clinton ran the State Department as the Clintons have said, then why change a thing?

Also of note, Mr. Clinton who had already stopped giving paid speeches said Thursday night, he'll keep it that way if she's elected. The Clintons have amassed of whopping $155 million combined from paid speeches since leaving the White House since 2001. All of this as new details are emerging on Mrs. Clinton's controversial e-mail server.

The "New York Times" reporting that she told the FBI it was Colin Powell, her predecessor at the State Department, who advised her to use personal e-mail.

The "Times" cites an excerpt from Joe Conason's new book about Bill Clinton saying that at a 2009 dinner party hosted by former Secretary of State Madeleine Albright, Powell recommended Clinton, "use her own e-mail, as he had done, except for classified communications, which he had sent and received via a State Department computer.

Today, Powell's office responding in a statement that he had no recollection of such a conversation, but did write Clinton a memo regarding his use of a personal AOL account saying, "At the time there was no equivalent system within the Department. He used a secure state computer on his desk to manage classified information."

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COOPER: And, Joe, on that point, I mean, again, we should just reiterate there are some big differences between how Secretary Powell and Secretary Clinton each used their e-mail.

JOHNS: Absolutely, true. The "Times" have changed, Anderson, a couple of big differences between Powell and Clinton's e-mail.

Powell entered the office in 2001 when e-mail wasn't as popular as it was in 2009, so there's a question there of evolution of standard practices. And Powell also never had his own private server which Hillary Clinton did, Anderson.

COOPER: Yeah. Joe, thanks for your reporting.

Coming up, Ryan Lochte says he's sorry, the latest in the apology he's posted on Instagram and the new developments from Rio next.

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[20:41:38] COOPER: There's more breaking news tonight. Jimmy Feigen, the fourth U.S. swimmer involved in the Rio gas station affair is on his way out of Brazil.

Meantime, USA Swimming has weighed in on scandal involving Feigen, Ryan Lochte and two other swimmers saying they don't condone, "lapse in judgment and conduct" that led us to this point.

Yesterday, Brazilian police said Lochte's account of being robbed at gun point isn't true, that he and the others actually vandalized the Rio gas station. Lochte has now apologized for his behavior.

Nick Paton Walsh has the latest.

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NICK PATON WALSH, CNN : Gold medalist, Ryan Lochte took to Instagram today saying he apologizes, "for my behavior last weekend for not being more careful and candid in how I described the events of that early morning and for my role in taking focus away from the many athletes," fulfilling their Olympic dreams.

Lochte and three of his teammates stopped to the gas station in Rio early Sunday, surveillance video appear to support police accounts. But at least one of them vandalized the station, urinating outside and damaging property. The man then get into that taxi and were confronted by security officers off camera, money reportedly changed hands. Lochte had publicly described the encounter as an armed robbery.

RYAN LOCHTE, U.S. OLYMPIC SWIMMER: They pulled us over. They pulled out their guns. They told the other swimmers to get down on the ground and then the guy pulled out his gun. He cocked it, put it to my forehead and said get down. WALSH: The police say the American swimmers reached an agreement with the armed guards to pay for damages while the gold medalist has now apologized and entirely changing his story. "It's traumatic to be out late with your friends in a foreign country with a language barrier," he posted, "and have a stranger point a gun at you and demand money to let you leave."

MARIO ANDRADA, RIO 2016 SPOKESMAN: We obviously, accept his apology.

WALSH: The International Olympic Committee chiming in, as well.

ANDRADA: It's clear that the Brazilian population was kind of felt humiliated.

WALSH: Lochte has been back in the U.S. for days. One of his teammates board (inaudible). And Brazil Rio's Mayor saying he feels "pity and contempt for all of them." James Feigen was not allowed to leave Brazil until he paid nearly $11,000 to a national sports charity. Civil police say Feigen and his lawyer agreed to the donation during a court appearance.

Jack Conger and Gunnar Bentz returned to the U.S. just this morning. The two were being pulled off their original flight by Brazilian authorities Wednesday. They were given their passports back only after giving statements to police.

All of this as the U.S. Olympic Committee tries to clean up the mess left behind in a statement, it said, "The behavior of these athletes is not acceptable nor does it represent the values of Team USA." But the USOC also stopped short of saying its athletes lied, their security guards, "displayed their weapons, ordered the athletes from their vehicle and demanded a monetary payment," the statement reads.

(END VIDEO CLIP)

COOPER: And, Nick joins us now from Rio. So how is this apology from Lochte being received there in Rio? Because, obviously, there were a lot of folks who were very offended there.

WALSH: Well, we had clear reaction from the USOC's apology about the men's conduct, which was OK, thank you, apology accepted to some degree.

The broader issue here is that armed robbery is no joke in this city, Anderson. As you well know, you know, this is a country plagued by petty crime which often leads to murder to some degree.

[20:45:02] So, the idea that you might try and exaggerate what happened to you to justify some vulgar behavior about (ph) the same gas station is deeply offensive particularly at a time when Brazil is very much on edge to make sure its image is as burnished as possible for these games.

At the same time, we have this very messy moment where it really comes down to who felt what as firearms were, "on display" and this negotiation happened about paying money to calm the situation down. At the end of the day, Ryan Lochte has done a big disservice to his reputation here. Frankly, I think, it comes down to had he not given that interview suggesting he was really held at gun point with the pistol to his forehead this whole issue wouldn't have turned into four or five days worth of international diplomatic wrangling, but its occupied most people's attention at the end of the games here, it's highlighted the crime that Rio wished wasn't so much part of its daily radar and it's really taken attention away from the sport damaging the image of Team USA.

COOPER: Yeah. Nick Paton Walsh. Nick, thanks very much.

Joining us now is CNN sports analyst and "USA Today" columnist, Christine Brennan. I understand, Christine, you're getting some new information from sources about possible disciplinary actions for Lochte.

CHRISTINE BRENNAN, CNN SPORTS ANALYST: That's right, Anderson. I've been working the phones and talking to people who are involved with the decision making of this is the U.S. Olympic Committee and USA Swimming. And it is -- I am certain that Ryan Lochte will be suspended. He has not been suspended yet. And that decision may not even come for a few days. They've got to get obviously everyone back, talk to all these people, not just one athlete, not just Michael Phelps with the marijuana picture and that's a three-month suspension by USA Swimming. There are a lot of people to talk to.

But Ryan Lochte and all the other swimmers, I am sure, will be suspended. It may well be USA Swimming doing the suspending and the USOC also suspending or they may actually do it together as one. But there's a lot yet to come. There is no doubt that discipline will be strict. It will be tough on them. The U.S. Olympic Committee is very angry and USA Swimming. We saw it in their statements. They are unhappy that the games were basically hijacked for almost a week by this drunken rampage of these three Americans, obviously, late early actually on Sunday morning.

COOPER: Now, after this apology from Lochte, do we know what kind of impact this may have or is having on sponsors?

BRENNAN: We know we've been trying to reach sponsors. They've been going quiet. One of them, interestingly said, Anderson, that they're going to follow the lead of the U.S. Olympic Committee.

Well, I am certain that the U.S. Olympic Committee is going to end up suspending Ryan Lochte or in concert with the USA Swimming, as I mentioned.

So if you're following the lead of the USOC then that tells me that you're not happy and you may well want to eventually drop him. So we don't know yet for sure.

We also know that the apology may have helped. I had one person tell me that the only way for Ryan Lochte to not have a lifetime ban would be to apologize. They were waiting for that apology and they have now, of course, received it, but it was a bit of an explanation and an apology, hedging on some things and I'm not so sure that everyone's happy about that, either, so.

COOPER: Right.

BRENNAN: Throw all of that in the mix, Anderson, there's a lot going on.

COOPER: Yeah. I mean, he didn't really cop up to kind of details of, you know, what he actually did. This $11,000 payment that one of the swimmers, not Lochte, agreed to pay to a Brazilian charity as part of the deal to avoid prosecution, what more do we know about that? Because I understand it went to a good group which is actually has connections to the Olympics and to judo.

BRENNAN: Exactly. It helps children who are learning judo here in Brazil. My sense, and as a PR situation, really, to me, this whole story has become all about public relations. We're never going to know exactly what happened.

COOPER: Right.

BRENNAN: There's going to be a he said, he said going on the whole time. We know that.

But my sense is if these other swimmers want to start doing some good work, they'll also be doing that.

COOPER: Yeah.

BRENNAN: And Ryan Lochte, who again, for those few days basically nothing, we understand the legal side of it, but this is in the court of public relations and at this point, I think Ryan Lochte should be probably thinking of doing some of those things, as well.

COOPER: Yeah. Well, extremely, a lot of kids in need and a lot of communities in Brazil. So, he could do a lot of good.

Christine Brennan, thanks so much.

Up next, more breaking news, a new Zika warning from the CDC for popular vacation destination right here in the United States.

Plus, an update on that little boy, dazed, confused, bloodied after surviving an air strike in Syria. Some welcoming news about how he is doing. Of course, so many others' stories have yet to be told when we continue.

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[20:53:26] COOPER: There's more breaking news tonight. Zika cases are on the rise in Florida. State officials announcing five new locally transmitted cases, all in the popular vacation destination of Miami Beach. Now, this is a new area of concern. The CDC, Centers for Disease Control, now warning pregnant women to stay away. In fact, it says they should avoid travel to all of Miami-Dade County, that's because the Wynwood section of North Miami remains the other Zika hot zone. Today's developments bring the total number of mosquito transmitted cases in Florida to 36. A lot to discuss with Dr. Sanjay Gupta who joins us now.

So, what do you make of this warning from the CDC? I mean explain for us exactly what it means because not -- for pregnant women not to travel in Miami-Dade County, that seems really incredibly scary.

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Yeah. It's unprecedented, first of all, to have these types of travel advisories that all based on health concerns, Anderson, before this most recent travel advisory for that Wynwood district -- Wynwood neighborhood. We hadn't really heard of something like this in the United States ever advising people not to travel to a particular U.S. city because of health.

Here's what we're talking about. You can see in the past, the Wynwood area, that's in the center of the screen, Miami Beach, that's on the right side of the screen, those are the sort of hot areas that they're talking about where they know Zika is spreading via mosquitoes. But as you point out, and what the CDC Director Tom Frieden said was that really we're suspicious about the entire Miami-Dade area. We don't know for sure, but there's enough suspicion to say, "Hey, look, unless you have to be there, don't go."

COOPER: So, that's the message from the CDC Director you spoke with, I mean, don't go?

GUPTA: That -- well, you know, the message is with regard to those hot spots, you know, those areas ...

[20:55:00] COOPER: Right.

GUPTA: ... where we know for sure it's spreading, you absolutely should not go. The other areas, unless you have to be there for some particular reason. You know, it's -- we're concerned about the risk.

I asked him quite a bit about this and he said, "Look, it's an informed decision which is a tough thing with information that is so new." But take a listen.

(BEGIN VIDEO CLIP)

DR. TOM FRIEDEN, CDC DIRECTOR: Pregnant women and sexual partners of pregnant women may want to postpone or delay travel to other parts of Miami-Dade. The issue there is that it's an area where they're looking hard for Zika, they're finding some of it. There have been other isolated instances of local spread of Zika. And when Zika starts to spread, it may be two or three weeks before there's any way to be sure it's spreading. And we're just providing that information openly, transparently, so people can make an informed decision.

Anytime we travel anywhere, we look at the risks, we look at the benefits and we make a decision that's right for us. We're saying that certainly for these two one-mile areas, we really urge you not to go, and for women living in those one-mile areas to do everything possible to avoid mosquito bites.

(END VIDEO CLIP)

COOPER: Yeah. I mean, that's obviously the big concern for people who are actually living in the areas. Miami Beach obviously a very popular tourist spot. A lot of people, you know, live there. How exactly is the CDC saying people should avoid these mosquitoes? I mean, you were down in Brazil recently. I was just down, I got bitten by mosquitoes. You know, you wear bug spray but it's inevitable.

GUPTA: Yeah. You know, I can't imagine what it's like for a woman who's pregnant, and particularly, Anderson, living in one of these areas. I mean, that's their home. Pregnant women are told not to go there but what if you already live there? And it's tough.

I mean, first of all, it's South Beach, it's the southern part of Miami Beach, South Beach is not known for long sleeves and long pants, that's for certain.

COOPER: Right.

GUPTA: And even if you do -- do that -- even if you do wear (inaudible) unless you're reapplying it often, there's a real concern.

So, for -- it's an emotional punch, I think, for a lot of these women. They have to stay indoors a lot. Many of them leave that particular area, those hot spot areas, while their pregnant but it's challenging.

And as you point out, this is a relatively small area in United States, but there are large swaths of countries like Brazil where they're going through this exact thing. They don't get to leave.

COOPER: Right. Sanjay, thanks very much. No doubt we'll be reporting on this a lot down the road.

An update tonight on the little boy who grabbed the world's attention this week after his home was destroyed during air strike in Aleppo, Syria. We told you about him last night. He's name is Omran Daqneesh. He was covered in dust, alone in an ambulance sitting in shock, wiping blood from his face. No tears, not even a tear when he got stitches, we're told, for the wound on his head.

We're told that's only after his parents rushed to the hospital that Omran finally broke down and cried. A little boy who's only known war back with his parents tonight, we're told, recovering.

In the next hour of "360", Trump's new outreach to African-Americans. Why Hillary Clinton calls it ignorant and staggering. And what former Trump campaign manager, Cory Lewandowski, has to say about it all.

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