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New Protest in Charlotte After Fatal Police Shooting; Tulsa Police Shooting Investigated By Justice Dept.; Trump on Black-on-Black Crime: I Would Do Stop-and-Frisk; New National Poll: Clinton Has Six- Point Lead Over Trump; Weiner Accused Of New Sexting Scandal. Aired 8- 9p ET

Aired September 21, 2016 - 20:00   ET



We begin tonight with an eye on yet another American city in turmoil, following the fatal police shooting of an African-American man. This time the city of Charlotte, North Carolina. And the details are heartbreakingly familiar.

[20:00:00] You are looking at live pictures of growing protests. This is the second night of protests.

The description of the inciting incident varied widely. The family of Keith Lamont Scott says he was killed by police in an apartment reading a book they say and waiting for his son to come home from school. Police say he had a gun, not a book. Police were only there because they were trying to serve another man, not to Scott.

And now, here we are waiting to see in tonight's protests in Charlotte will be as severe as last night.

We begin with Boris Sanchez who was there.

So, describe the scene around you. How large are these protests, Boris?

BORIS SANCHEZ, CNN CORRESPONDENT: Hey, Anderson. Actually, they started roughly before 7:00 p.m., about a hundred people or so stopped outside the police station. They're mostly been peaceful. There was an awkward encounter with a couple of encounters with police officers on their bicycles who were outside the police station blocking the doors, and there was quite a bit of yelling there.

They have since moved on. They were at a park and they started circling downtown Charlotte. At certain points, they have stopped at intersections blocking traffic. At one point, stopping a city bus, and then again, stopping in front of some police officers that were lined up.

So far, police have not given us an indication as to when they might try to wrap this up. Still, they are heading back to the police station right now and the crowd is growing. It went from about 100 to maybe 300 right now, and as more and more people come out, the chants continue to grow.

Again, they're mostly been peaceful, but there is an air of tension in the area, especially when they get in front of police officers. You can tell the police officers are uncomfortable. But so far, they have remained peaceful, no fist flying -- nothing being thrown at police so far. Again we'll keep it updated as this continues.

BURNETT: And is the police presence strong there on the streets?

SANCHEZ: So far, to be honest with you, it does not match the crowd. What we saw at the police station were several dozen police officers that were lined up outside the exit. Here this downtown handfuls of the police officers and security officers mostly.

We're walking through an outdoor mall and that is the crowd that was watching them. There are no more than half a dozen. Now as they are heading back to the police department, I'm expecting there will be more of a police presence there as we walk through these police officers, you can see them start to mobilize heading in that direction.

Obviously, they were expecting this crowd. And after what we saw last night, they were likely very prepared, Anderson.

COOPER: Yes. Boris Sanchez, appreciate it. We'll continue checking with you.

As we mentioned, tonight is the second night of protests after a long, sometimes violent scene on the streets of Charlotte last night.

Ed Lavandera had this report from Charlotte.


ED LAVANDERA, CNN CORRESPONDENT (voice-over): Violent protests erupted on the streets of Charlotte just hours after Keith Lamont Scott was shot and killed by police. Sixteen officers were injured. Tear gas was used to control the crowds. Some protesters threw rocks and bottles and tried to block roadways. Five people were arrested.

The shooting aftermath was captured on a Facebook live stream recorded by Keith Lamont Scott's daughter. This is when she discovers her father is dead.

UNIDENTIFIED FEMALE: They just shot my (EXPLETIVE DELETED) dad. They just shot my daddy! He's dead!

LAVANDERA: The daughter lashes out at the officers on the scene, accusing them of planting handgun at the scene.

UNIDENTIFIED FEMALE: He was sitting in a car reading a (EXPLETIVE DELETED) book. My daddy ain't got no (EXPLETIVE DELETED) gun. Look, that's (EXPLETIVE DELETED) you all do.

LAVANDERA: Scott's family denies he had a gun on him, but Charlotte police say there was no book and that Scott came out of a car twice with a handgun. A team of four officers arrived in this apartment complex to serve a warrant on another man and that is when they crossed paths with Scott.

CHIEF KERR PUTNEY, CHARLOTTE MECKLENBURG POLICE: It's time to change the narrative. Because I can tell you from the facts that the story is a little bit different as to how it's been portrayed so far especially through social media.

So, Charlotte, the challenge is ours. I think the future can be bright. But the work has to be done by all of us.

LAVANDERA: Brantley Vinson, the officer who fired the deadly shots, is also an African American. He's been placed on paid administrative leave. Vinson is a young officer, joined the Charlotte police force in 2014, graduated from Liberty University where he studied criminal justice and played football. Several teammates described him to CNN as a stand-up guy.

Charlotte's police chief says Officer Vinson was not wearing a body cam and he says other video from the scene doesn't show more of what happened in the confrontation.

Community activists are demanding transparency from the police department.

JOHN BARNETT, CIVIL RIGHTS ACTIVIST: They need to be transplant and know they need to be able to inform us of exactly what's going on. And still an investigation. It is not going to be good enough.


COOPER: And Ed joins us now from Charlotte.

So, the officer wasn't wearing a body cam. There is dash cam video from the scene. Do you know if and when that video will actually be released?

[20:05:00] Because I imagine protesters want that released.

LAVANDERA: Well, you know, that's interesting question, Anderson. There is a new North Carolina law which technically hasn't gone into effect yet but essentially, it makes all police camera reporting not a public record, so the public wouldn't have access to this. There would have to be a series of steps to go through to actually see the video and require a court order for it to be released.

So, if mayor told us a little while ago that she would like to see the police chief show those videos that they do have to family members and community leaders so that they can see a much bigger and fuller picture of what unfolded here. But as we've been pointing out, this law doesn't take effect until October 1st of this year.

And we've asked for clarification on why would that apply to this particular case. But regardless, we're still in the process of trying to figure all that out. But there is a push to make some of these videos public so that people can see how all of this unfolded. COOPER: All right. Ed Lavandera, thanks very much.

We're going to keep a close eye on Charlotte, monitoring the protests throughout this hour, as well as the next one.

Once again, it's a story of a community on edge. A police force that has tried to keep the peace in a tense and volatile situations.

Sara Sidner is standing by in Tulsa, Oklahoma, where obviously another incident has taken place.

Sara, what's the latest there?

SARA SIDNER, CNN CORRESPONDENT: Anderson, there are hundred of people gathered here for a vigil for Terence Crutcher, and over and over and over again. I'll let you take a look at what the scene looks like here at Tulsa Metropolitan Baptist Church. But here, the words "bad dude" have been repeated over again.

And that is what someone in the police helicopter flying above the incident said just before the 40-year-old father, twin brother, son, and devout Christian was shot and killed by Police Officer Betty Shelby.

Now, even though there is that video and there is sound, there is a disagreement about what actually it shows. On the one hand, the family says it shows he clearly put his hands up but was shot and killed anyway.

But the officer and her attorney have a different story. Here is what she said.


SCOTT WOOD, ATTORNEY: She was yelling at him to stop, for probably at least 10 to 15 seconds. He gets to the window of the SUV and has his hands on the air, looks at them, the side of the car and Officer Shelby and his left hand goes into the window. Officer Turnbough also saw it. Both of them reacted simultaneously. Turnbough firing his taser. Betty Shelby firing one round from her service weapon.


SIDNER: And so, you heard what he said and what Betty told him.

But we do want to tell you what the family says, because their attorney says the window that they say he was reaching into that made him a threat wasn't even open, according to the family's attorney, and the family responded with action and angst after saying he just turned 40 last month.

His twin sister spoke about who he really was.


TIFFANY CRUTCHER, VICTIM'S SISTER: That big bad dude was enrolled at Tulsa Community College, just wanting to make us proud. That big bad dude loved God. That big bad dude was at church singing with all of his flaws every week. That big bad dude, that's who he was.


COOPER: So, what are the next steps in the case, Sara?

SIDNER: As we go forward, now the district attorney has to look at whether or not they are going to charge in case. The family is adamant, they want this officer charged and charged with murder. They are also looking at the medical examiner, waiting for the medical examiner to release the autopsy but that probably won't happen, Anderson, for the next four to six weeks because they are also doing a toxicology report and they won't release anything until all of it is complete -- Anderson.

COOPER: Sara Sidner -- Sara, thanks very much.

We're keeping an eye on protests in Charlotte, North Carolina, throughout the evening. Of course bringing you any updates.

Also ahead, as Donald Trump tries to reach out to African-American voters, he suggests that the way he would stop so called black on black crime is to expand stop-and-frisk which is obviously a very controversial policy. We'll get into that, next.


[20:13:00] COOPER: There's breaking news as we said from the top of the broadcast, in Charlotte, North Carolina, where we're keeping an eye on protests there. Once again, a story of community on edge. Police force that has to try to keep the peace in a tense, potentially volatile situation after the fatal shooting of a African American man.

Minister Corine Mack is the president of the Charlotte-Mecklenburg branch of the NAACP. She joins me now.

Minister Mack, thanks for being with us.

After last night, you said that Charlotte is not in a good place right now and that people are frustrated. What are you hearing from residents tonight?

MINISTER CORINE MACK, PRES., NAACP CHARLOTTE-MECKLENBURG BRANCH: Pretty much the same. Most people they talked to are still very angry. There is still a lot of distrust. And we all want answers. We wanted justice. Enough is enough.

COOPER: In a case like this, it often takes time in order for a real picture to emerge of exactly what happened. Obviously, time is something which, you know, for protesters and for family members understandably, they want answers now. We heard a call to keep protests calm.

Is there a concern that more damage will be done if it -- you know, if there is violence like we saw last night? MACK: Always a concern. Definitely a concern of mine. I walk in the

speed of love, and I'm asking folks to begin to look at how they can do something constructive. More importantly, how you can change policies and some laws that will give us justice and have the police be more accountable.

COOPER: You know, clearly, in many communities, there's been a big push to have more African-Americans, more Latinos, more minority groups represented within the police force. The officer involved was African American. What did you not seeing done now or what more needs to be done to help relationship between the community, to help the trust between community and police?

MACK: It is not enough to diverse department. I think it is the culture of the police department as a whole, that we have to look at. We definitely need to look at implicit bias and how black and people of color are perceived by police officers.

[20:15:05] I think based on what I'm saying, is there is a definite fear when a white officers interact with African-Americans in particular. That's a problem. And I think that has to be addressed. I think that the fact that when there is an interaction between African-Americans versus our white counterparts, there is no real de- escalation in the problem.

We find our African-American men and women killed and that's what we're talking about.

COOPER: So, the fact that this officer involved in this shooting was African-American, does that in any way change your concerns, change the dynamic?

MACK: No, it doesn't. As I said, there is a police culture that we're talking about. And we need to work on how the culture is set up. How it's the cops or the blue against the black.

It should never be that way. We are all citizens of this country. And so, we have to find better ways to interact. Better ways to work together and collaborate to ensure that every city is safe.

COOPER: Minister Corine Mack, appreciate your time.

More breaking news tonight, Donald Trump has suggested he would expand the stop and frisk policy if he's president. In a FOX News town hall, an audience member asked Trump what he would do to stop black on black crime.

Here is what Trump said?


DONALD TRUMP (R), PRESIDENTIAL NOMINEE: I would do stop and frisk. I think you have to. We did it in New York. It worked incredibly well and you have to be proactive. And, you know, you really help people sort of change their mind automatically. You understand. You have to have -- in my opinion, I see what's going

on here. I see what's going on in Chicago. I think stop and frisk. In New York City, it was so incredible the way it worked.


COOPER: You may know stop and frisk, lets police officers stop people and pat them down if officers suspect they are carrying weapons or contraband. It is very controversial as a policy. When the critics say disproportionately targets minorities, three years ago, a federal judge ruled that the New York police department stop and frisk policy violated minorities' constitutional rights. This latest position from Trump comes on the heels of a controversial statement he made yesterday on the campaign trail.


TRUMP: We're going rebuild our inner cities because our African- American communities are absolutely in the worst shape that they have ever been in before -- ever, ever, ever. You take a look at the inner cities. You get no education. You get no jobs.

You get shot walking down the street. They are worse -- I mean honestly, places like Afghanistan are safer than some of our inner cities.


COOPER: Just factually speaking, FBI crime stats from 2014 actually showed the violent crime rates in the largest cities have declined since 2006.

With me now is Republican commentator and Trump supporter, Paris Dennard, and CNN political commentator and "New York Times" op-ed columnist, Charles Blow.

First of all, let's talk about stop and frisk. Charles, you called New York stop-and-frisk policy obscenely race-based. Those were your words, and immoral and unconstitutional.

What do you make of the idea that Donald Trump wants to extend this nationwide?

CHARLES BLOW, CNN POLITICAL COMMENTATOR: It makes no sense, right, like most of his policies. Local policing has -- is not a federal jurisdiction. The president has almost no say in what local police departments can and cannot do.

He may say he likes the policy, he may say that he encourages the police department to take that policy up. But the president has no role in that.

But even if he had a role in it, to advocate for something that is obviously race-based, that is obviously unconstitutional, that a judge has called -- I've been on this topic for a very long time. The judge who made that rule unconstitutional quoted one of my columns in the closing line of her decision. There is no way to get around the idea that this is not targeting African-Americans for hostility.

Nine out of ten of the people who were stopped never charged with anything. They said that it was meant to stop people who may have weapons, that is not the way it was used at all. It was used as an intimidation tool, directed specifically at these particular people.

And I believe that it -- it functioned as a kind of ethnic cleansing mechanism in cities.

New York City at the stop -- at the height of stop-and-frisk which is 2010, the first time in New York City's history -- I mean, since the reconstruction, that the population of blacks in New York City failed. And there were other issues at play. There was economic strain.

But there was also social and political strain and there was also a tremendous amount of pressure being put on those populations by the police in this country.

COOPER: Paris, what about that? I mean, the last police commissioner who just stepped down in New York, Bill Bratton, said essentially that stop and frisk went too far and that by focusing on trying to get guns off the streets in a more intense way, they've had more success than stop-and-frisk. They have actually gotten more guns and the murder rate has dropped.

[20:20:03] PARIS DENNARD, TRUMP SUPPORTER: Well, first, Anderson, I'd like to start by saying my condolences to those families who have been affected by these recent instances with law enforcement, it's happening all too often and it is unfortunate and really terrible. And I am sincerely praying for those families.

Second point, with respect to stop-and-frisk -- I think it is dangerous to say that the intent behind it was sort of ethnic cleansing like Mr. Blow just said. I think that, at the end of the day, the implementation of it might have been flawed and some of the tactics towards my community might have gone too far like the commissioner said. But I think the original intent of it was to do good. The original intent was to curb crime.

COOPER: Let me ask you, Paris, does the intent matter if 90 percent of the folks pulled over and stopped and frisked are black or Latino and 90 percent of them, they have done nothing wrong? I mean, at least I think 90 percent of them had nothing wrong, nothing is found of them?

DENNARD: Yes, Anderson, I'm the first to say statistics don't lie. And I think those statistics prove that it might not have been the most effective policy as it relates to how it was implemented. But to say the original intent was somehow an ethnic cleansing or racist, I think is wrong.


DENNARD: I think the police officers in the force had good intentions in trying to put forth something to curb crime. I mean, when you look at what I going on in Chicago when they just said that the police department is going to have to hire over 900-some odd additional police force, officers, to help curb the violent crime that's going on there, clearly, there is a problem. And we have to try to find a way to solve it.

Is stop and frisk the best way? I'm not prepared to say that it is, but it is one tactic and we have to find the best way to help my community.

COOPER: I hear what you're saying. Le's talk about the comments Donald Trump said yesterday, I want to ask you both about. Donald Trump saying, as we just played there, that African American communities, I want to make sure, are in the worst shape they have ever been before, ever, ever, ever.

DENNARD: The NAACP president Cornell Brook said his comments were, quote, "an insulting degree of ignorance and/or insensitivity." Charles?

BLOW: Well, first, I have to say this. I never said the original intent of the bill was anything. But I said the net effect of it was that it was racist and that it was effectively amount to ethnic cleansing. That's the truth.

The second part of that is, though, we just have to step back from all of the crazy things he says. Step back away from that. Look at what he's suggesting as policy. What he's actually saying and he said that out of his own mouth, is that he is building up through generalizations, an idea of the black community as being beyond repair.

And he is saying that his approaches to that are things like stop-and- frisk, which we know what that does. Things like adding more police officers, and more law enforcement. Those are his words. I don't know a single black person who thinks the problem in their community is they don't have enough police combing around. That is not the problem, right?

This is a person who is going to have the authority to appoint the next Supreme Court justice and they are also now 88 federal judgeship openings.

The police conduct is governed in large part by what comes out of courts. Because there is no federal -- the courts have to step in and say is this practice legitimate, constitutional or not? We have a chance right now to put somebody in that seat who's going to have real effect on how communities interact with police and it is not him.

COOPER: Paris, do you believe that African-American communities are worse off than they have ever been, ever, ever, ever?

DENNARD: I will say this, Anderson. You know Charles might be doing well. I think I'm doing okay. I have a full time job, Thurgood Marshall College. I'm blessed. My family is blessed. But there are people in my community that are suffering and are actually scared to walk down the street, that are in horrible public schools that are not serving them well, who are in low-paying jobs and cannot find jobs that pay them a full salary and give them full benefits.

So, a lot of people in our community are struggle. And so, when you talk about Mr. Trump says they are the worst off ever, ever, ever -- I think there is some validity to that. Times are hard for many of my community in certain areas.

For some of us, we're doing OK, but for others, it's hard. Especially those in the middle class that have been not been able stay there and just one paycheck away from not being able to send their child to college, one paycheck away from being tossed out of their house or their apartment. Not able to buy a home, not able to give their child a leg up and give them something pass on legacy wealth.

So, it's possible --

COOPER: When you look at the history of African Americans in America -- I mean, you know this better than anybody -- segregation, the list goes o and on.

DENNARD: We're doing better. You are absolutely right, Anderson. We are doing better.

[20:25:00] But one would think that in 2016 with the first African- American president, that with the way the economy has been doing, that the black community would have been doing a lot better.

But the statistics show that we are not doing better. We're not gaining. We're actually reversing and going backwards and it's been stagnant. So one would think we would be in a better position in terms of home ownership and in terms of passing a legacy wealth, and we're just not.

COOPER: Paris Dennard, appreciate you being on, as always. Charles Blow as well.

DENNARD: Thank you.

COOPER: We just had a new national poll shows Hillary Clinton with a six-point lead over Donald Trump. New state polls show how the electoral map has shifted. John King breaks it all down for us.

We're also watching protests in Charlotte, North Carolina, second night of protests after the fatal police shooting of an African- American yesterday. We'll bring you updates.

And the latest on Anthony Weiner. It just gets weirder and weirder. Details ahead.


COOPER: More breaking news tonight. The presidential race, a new NBC/"Wall Street Journal" national poll shows Hillary Clinton leading Donald Trump by six points in a four-way matchup, 43 percent to 37 percent. Gary Johnson, Jill Stein, are in the single digits.

That's the outlook on that national level, according to this poll, ahead of Monday's first presidential debate.

Some new state polls, though, give a more granular view of the battle and arguably more important, help explain how the road to 270 electoral votes have shifted.

[20:30:12] John King breaks it down by numbers.

So there's the NBC/Wall Street Journal number suggesting Hillary Clinton has stabilized after rough spot. What about in the state by state numbers?

JOHN KING, CNN INSIDE POLITICS ANCHOR: It's more of mixed bag, some state some, you know, Hillary Clinton is happy with other states, Donald Trump is happy with. Let's take look Anderson, the last day more than a half dozen new state polls, one out just today in the state of New Hampshire, the Clinton campaign will like this, it's a small electoral prize only 4, but it's a toss up state. We lean at blue right now.

Hillary Clinton 47, Donald Trump 38. You see the third party candidates rounding out the field. Other polls have show this close that are late so, if Clinton has some momentum in New Hampshire, again a smaller price she'll take it. Another one that will encourage the Clinton campaign, Florida is a state Donald Trump must win, he cannot get elected president without Florida's 29 electoral votes. Hillary Clinton doesn't want to win without it, but she can.

Look at this poll out tonight, another Monmouth University poll, 46 for Clinton, 41 for Trump, 6 inline for the third party candidates there. Again that's a lead that clearly Clinton will be happy to have, we'll see if that one holds up, other polls have shown before it will close, but they like that.

Now, for the Trump campaign here is one piece of encouraging news. This is very close, Elon University poll at North Carolina, within the margin of error, a statistical tie. But Trump 44, Clinton 43, Gary Johnson at 6, Jill Stein the Green Party is not on the ballot in the North Carolina. I say it's encouraging for Trump, because if you go back a month or so Clinton had a small lead in North Carolina. So perhaps some Trump momentum there.

Couple more week was, let's go out to the state of Nevada. You think of Nevada, you think of the Latino vote, two big Obama victory is in the state, but look at this, Fox News poll released just tonight, Donald Trump again very close 43 to 40, but Trump very happy in the state of Nevada, won the Democratic wish they could have lock up along time ago, looks like it's going to be competitive to the end.

And lastly Anderson, let me come over to the state of Ohio. Like Florida, Donald Trump cannot win without Ohio. Hillary Clinton can, again she doesn't want to. Look at this new Fox News poll out tonight, Donald Trump will likes

those numbers 42 percent for Trump, 37 percent for Clinton, see the third party candidates is lagging at 6 and 2 percent.

So you had it all up, what does it tell you? Pretty competitive race setting to the first debate.

COOPER: And when you look deeper into the state number, what jumps out at here?

KING: That's what's interest, you just start to see the states bouncing around, you look for structural questions right. So let me start in Florida. One of the things we see here, Donald Trump leading some white voters to the third party candidates if he's going win Florida the Republican candidate probably needs to be a little higher than that. That's not a good number for Secretary Clinton don't get me wrong, but Donald Trump needs to move that up.

Non-white voters, Hillary Clinton 69 percent to 16 for Donald Trump. Florida has a more diverse, sometimes a more conservative. The Cuban part of the Latino population. Donald Trump's number there probably not good enough for at least not as strong as he would like him to be. And look at this one, we have been talking about North Carolina for the last 24 hours for sad reasons obviously.

Look at this here. Donald Trump for the last several weeks has been trying to make inroads in the African-American community in the Elon University poll, 98 percent of African-Americans say they are for Clinton, only 2 percent Anderson for Donald Trump.

COOPER: All right John, stay with us because I want to bring in CNN senior political commentator and former Obama senior advisor David Axelrod. Also to join our conversation our chief political analyst Gloria Borger.

David, you see the numbers. If you are Trump or Clinton tonight you can -- I guess sort of spin this polls in a positive way. The state ones. Who do you think is actually in a stronger position.

DAVID AXELROD, CNN SENIOR POLITICAL COMMENTATOR: Well I think that structurally she's in a stronger position. One of the things that John didn't address here because these were the most recent polls were states of Colorado, state of Virginia. These are states that used to be battleground states, where Hillary Clinton has held consistent leads. And so long as she holds those states and the state of Pennsylvania where she's been holding a consistent lead, it's very hard to see how Donald Trump gets to 270 votes, even if he carries Ohio and Florida.

So I think that, you know, the Democratic hold on the Electoral College is pretty strong. He has to build up from the 206 that Mitt Romney won four years ago. And I think it's challenging.

COOPER: John, I mean, you know, over the last couple of weeks we've looked at the path to the Electoral College for both candidates. Has it gotten better though for Donald Trump of it? KING: Slightly, today we're changing map, we give Donald Trump Iowa, we lean that one Republican now, that boost Donald Trump of a little bit for Hillary Clinton has still had 272. In our new map, you need 270 to win.

David is exactly right. Donald Trump has a little more momentum. He said better news in North Carolina. A better news in Iowa, better news in Nevada, better new in Ohio. But if he won all the states we now called toss ups Anderson, it's still wouldn't be a enough. He has to change something blue, he has to change Virginia or he has to change Pennsylvania or he has to change New Hampshire and something else, because New Hampshire is small.

So that's the thing to watch heading into this first debate and look you're going to see state polls bouncing up and down, we'll see if it's a big switch after the first debate. Structurally the race seems ...


KING: ... relatively locked in. If you look at the NBC/Wall Street Journal poll out tonight, Donald Trump still has a problem with college-educated white voters. If he can't fix that, it's hard to win the presidency. Hillary Clinton will have motivational problem turning out Latinos and African-Americans but she has their support. The question is can she get them out?

[20:35:09] COOPER: And Gloria that leads us to the debate on Monday which, you know, is just incredibly, incredibly important. I mean a bad night or a good night for either candidate. We're sort of, you know, a holding pattern until then really.

BORGER: Right. Look, I think you need something to kind of up end the entire election at this point. But I want to echo what John and David say said. Because I think what we're seeing to a degree is a settling of this race. And the reason that despite Hillary Clinton's really bad last couple of weeks. The reason she's surviving this pretty well is because of Donald Trump's weaknesses himself. And what we see is that he is still viewed negatively by 61 percent of the voters according to the Wall Street Journal poll, that's hard to overcome.

He still got a lot of problems with college-educated white voters. Now, she's got her own problems in turning out younger voters African- American voters even Hispanic voters. But, you know, there is a sense now at least that if she survived the last couple of weeks and it didn't really knock her off that it would be very difficult to find something that would. Having said that, this year has been anything but predictable, right?

COOPER: Yeah, I mean David we're still what, you know, 40-some odd days a way. A lot can happen between now and then. As someone who knows how to run a winning presidential campaign. How do you decide in this home stretch which state gets the candidate's time? Which state gets the running mate or the surrogates where the staffing resources add money go? How you figure all that out? AXELROD: Well let me just say as brilliant as John is as breaking down these numbers at this board, this campaign has resources that far exceed anything that we have with public polls in terms of analytics and other tools that -- and they are making day-to-day judgments as to where they are, not just in states but in counties and precincts in terms of moving these resources around. And they'll continue do that for the next 45 days.

Now the Republican Party has that apparatus. The Trump campaign per se does not. I've always fell this was a slight advantage to the Clinton campaign that they've been building this apparatus for a couple years.

COOPER: Gloria?

BORGER: Well here's the thing now in the Wall Street Journal poll that was interesting, because she's had problems with enthusiasm among her voters. And in this poll out tonight, it shows that while 9 out of 10 of his voters are enthusiastic, 7 out of 10 of hers are. So that's picking up and could help in terms of turnout.

COOPER: Yeah. Gloria, thanks. David Axelrod ...

AXELROD: The other thing Anderson.

COOPER: Yeah, go ahead very quickly.

AXELROD: I'm sorry, I'm just say that the flaking of young voters to the third party is something that I'd also watch as well for her. That's something she's got to be concerned about. They are in the 20s here.

COOPER: Yeah, good point. David, thanks. John, as well.

The new allegations against Anthony Weiner, it's just incredible. The disgraced former congressman and estrange husband of top Clinton aid Huma Abedin, reportedly spent months sexting a high school student. We'll have details on that.

Also next, the latest pictures from Charlotte, New Carolina second night of protest. More on that.


[20:42:03] COOPER: Want to show you the latest live images from protest in the second night charlotte, North Carolina. These are live pictures, that's our Boris Sanchez standing there. Boris, explain what's been going on, because they looks like police have sort of blocked off the entrance to I think the Omni Hotel. What's going on?

BORIS SANCHEZ, CNN CORRESPONDENT: That's right Anderson. So basically we were following the crowd all the way down to this part of downtown. At one point people got really agitated, there were trash cans thrown from the top (inaudible) and then they came here. And as you can see, people are trying to damage these vans. So far they've put out -- oh wow. They put out pepper spray and people are running from it. Jerry (ph) get out of there! Jerry get out of there.

So as we can tell the situation is totally out of control. Anderson, at one point a young girl showed me video of a young man that a wound to his head. Police were tending to him but it was clearly a very, very sad scene. The young man was bleeding from his head and basically the SWAT team went into the Omni Hotel to try defend themselves. And they were confronted by a crowd. The crowd became more and more violent started throwing things at the police officers.

At one point Anderson, a group of bystanders got in front of the police to try maintain the peace but things got completely out of hand. There is just not enough police officers here Anderson for the size of the crowd. We've seen police vehicles attacked. We've seen officers get things tossed at them. It seems like things are starting to wind down here. We're going to take you back to the front of the Omni. Just to give you a look at where the police line is right now.

You could tell from all the debris in front of me things very quickly got out of the control. And they are still doing what they can do disperse this crowd but it is very difficult. It's very difficult. Whoa, OK. They clearly want us out of here. You can see behind me and yeah we've got some tear gas that just went off, I'm not sure I'm still with you Anderson but, I think we got to move.

Excuse me man, excuse me. What are you doing, man? All right.

COOPER: So, Boris, if you are still there, you can now see clearly that the police line which has been in place really for that we've been seeing at least for last 5 or 10 minutes looks like a larger number of officers. They've now tried to kind of push out the line. Originally they were actually at the door way, the Omni.

It looks like now they're kind of creating this line and I'm not sure if they're able to actually move out if they are just going stay static. You had said earlier tonight at the top of the hour there were about 300 or so people. How many people are still there? Or have most of the protesters actually kind of moved off? The more peaceful protesters is gone.

SANCHEZ: Yeah, it looks like most of the people have dispersed in two directions, opposite the Omni Hotel. Obviously police are keeping us as a front to try get people to disperse and push them back. A lot of people went to the left, a lot of people went to the right, it doesn't look like they're nearly as organized as they were before.

[20:45:02] At one point as you saw it became chaos. They were headed toward the police department if you recall I told you within the last hour, at some point another crowd of protester, peaceful protesters with signs, "Stopped them" and turned them around and they headed back down town. At that point they went to this outdoor mall, they started climbing the floors of the mall, when they got to the roof and people started hurling things from the roof at the crowd. And obviously became a very dangerous situation, people started walking out of the mall, they started walking in the street. That's when we confronted that riot squad that you see right there, several dozen officers. People started following the officers as they walked into the Omni Hotel and that's where the confrontation really got heated. People started banging on the doors of the hotel. That's when some of the SWAT officers came out. Obviously still a very tense situation.

Here, I'm looking for a crowd but frankly there's very few people left. Looks like a fire department is just arriving. There is still people outside, but again Anderson this is definitely going to make the news tomorrow, there was a young man who suffered a head injury. There was a young girl who was just unconsolable and showed me a video of this young man with the head injury on the ground. She says that she doesn't know exactly what happened. But that at one point officers restrained him and took him down. He was obviously hurt. I wouldn't be surprised if he was gravely injured from the video that I saw.

But as I said Anderson the fire department just arrived here. You can see people walking out of way trying to wipe the pepper spray out of their eyes. Behind us there is still a crowd of people. I can hear shouting in the distance but again it's not nearly as organized as it was a half hour ago.


SANCHEZ: Anderson, frankly it didn't seem like police were prepared for this again, the number of police simply didn't match the crowd, in -- a whether in numbers or in tone either, Anderson.

COOPER: All right, Boris Sanchez, be careful out there. We'll continue checking back in with Boris throughout the next hour.

Also ahead new allegations, Anthony Weiner is facing a disgraced former congressman and estrange husband of top Clinton aid Huma Abedin, reportedly spent months sexting a high school student. Details on that, ahead.


[20:50:41] COOPER: Another new report revealing explicit details of another alleged sexting scandal involving Anthony Weiner. Weiner as you probably know is the estranged husband of Huma Abedin, one of Hillary Clinton's top aids after he was caught last month sexting an image of his crotch as he lay next to the couple's 4-year-old son.

Abedin announced she was dumping him. By then his sexting he already cause a seat in Congress back in 2011 and pretty much ruined his chance entering his for New York mayor in 2013.

But with "The Daily Mail" is reporting tonight, may be far more serious than his previous scandals because of the alleged age of the girl he was sexting.

Here's Randi Kaye.


RANDI KAYE, CNN CORRESPONDENT: The online sexting relationship allegedly went on for months between Anthony Weiner and a girl claiming to be just 15. "The Daily Mail" reports she said he sent numerous photos, one of him in a pool, and at least one bare chested.

She says he called her baby, and told her he woke up thinking about her, and was "hard." And it got even more graphic, too graphic to share on television. She spoke to "The Daily Mail" which hid her face and disguised her voice.

UNIDENTIFIED FEMALE: He asked me undress. He started talking sexually. He asked me what I was wearing. He told me what he was wearing. But he asked me to take my clothes off.

KAYE: "The Daily Mail" report she said, she first reached out to Weiner in January this year on Twitter. He reportedly wrote back, "You are kinda sort of gorgeous."

The Mail report, she says Weiner also sent her a bare-chested picture of himself with his hand on his crotch, another photo was of Weiner with undershirt rolled up showing his stomach and his son laying on top of him.

UNIDENTIFIED FEMALE: He asked me about masturbation. Sometimes it there'd be like role playing. He would pretend that he was a teacher, and I was a student.

KAYE: CNN has reached out to the girl to confirm her age and her relationship with Anthony Weiner but she has not responded. "The Daily Mail" says that she says the two communicated through various online applications including the app Confide which deletes pictures and messages immediately after they're viewed. In one message she reportedly told him where she goes to high school.

Once she reportedly asked him how he slept. His response, according to "The Daily Mail", "Not great, woke up very, uh, eager." The two also reportedly discussed her getting her learner's permit and the girl school activities. When asked about "The Daily Mail" article alleging he had a sexting relationship with a 15-year-old girl, Anthony Weiner neither confirmed nor denied sending the text.

He told CNN in a statement, "I have repeatedly demonstrated terrible judgment about the people I have communicated with online and the things I have sent. I am filled regret and heartbroken for those I have hurt." Weiner went on, "while I have provided the "Daily Mail" with information showing that I have likely been the subject of a hoax, I have no one to blame but me for putting myself in this position. I am sorry."

CNN has not been able to confirm this was a hoax. "The Daily Mail" says Weiner provided them two e-mails he says were from the girl that raise questions about her claims. CNN has not been able to independently confirm she sent him those e-mails. In one e-mail she reportedly wrote, "Why did I message you in January? I wanted to know what made you tick."

The paper says she told them she was "obsessed with Weiner" and was writing a book about him. She tells the paper their online relationship ended in July.

Randi Kaye, CNN, New York.


COOPER: So obviously the age of the person in question makes this the alleged sexting relationship different from the previous scandals involving Weiner. Today New York Governor Cuomo said, if true what Weiner did was possibly criminal.

Lots to discuss, with senior legal analyst and former federal prosecutor Jeffrey Toobin. So, if this newest allegation is indeed true, it's certainly sickening. What are the legal parameters for something like this? If Anthony Weiner did what's being alleged did he break the law?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, the key facts that we don't know the answer to is how old she really was. And were there photographs or videos of her in, you know, a some sort of naked state? Because if she was a minor and if there were pornographic images, the federal prosecutors in this country prosecute those cases all the time.

[20:55:06] And people go to jail for a long time for kiddie porn in this country, even if they're not dealers, even if they're just receiving those sorts of photographs. So this is potentially an extremely serious situation for him.

COOPER: He doesn't deny that this could have happened, saying in a statement that he has "Likely been the subject of a hoax." I guess I don't even understand what kind of a hoax would it be? However you spin that. And if it's true he was still having an inappropriate relationship with a 15-year-old girl, if she is in fact 15.

TOOBIN: Yeah, I don't know what hoax means. I mean maybe she's 25 years old, maybe she's a man, maybe, you know -- this could be a sort of catfish situation where the people online are not what they appear. But if she is 15, and if there were photographs and he knew that she was 15 and believed she was 15, you know, as I say, he could be in a world of trouble.

COOPER: If there's not photographs but he knew she was 15 or believed she was 15, is that legally -- I mean s that illegal?

TOOBIN: No, I don't think so. She has to be as a factual matter a minor. And if she's not, you know, this is just a personal matter like all the rest of his sexting issues which relate to his marriage. But I don't think the law would get involved. But -- so she as a factual matter has to be a minor, I think, for this to be a criminal matter at all.

COOPER: All right, Jeffrey Toobin. Jeffrey, thanks. Up next, an update on our breaking news in Charlotte. New protests following a fatal police shooting. Police firing tear gas just moments ago. A chaotic scene. We'll checking it again with our Boris Sanchez to find out the latest.