Return to Transcripts main page

ERIN BURNETT OUTFRONT

Gunman, Student Dead In Oregon School Shooting; Senator Calls For Stronger Gun Laws; Interview with Michael McCaul

Aired June 10, 2014 - 19:00   ET

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


ERIN BURNETT, CNN HOST: And welcome to OUTFRONT. We have breaking news here as we begin our coverage of another deadly school shooting today. A horrific event in this country. President Obama angrily speaking out tonight, saying these shooters are now becoming the norm. It is time to change America's gun laws. The question is this a tipping point?

Plus, I just returned from Doha, Qatar a few moments ago. Five Taliban members released in exchange for Sergeant Bowe Bergdahl. I have an exclusive report tonight.

And the truck driver who crashed into Tracy Morgan's limo van fighting back tonight on Twitter. Let's go OUTFRONT.

And good evening, everyone. I'm Erin Burnett. OUTFRONT tonight, the breaking news, a sickening image that has become all too familiar to Americans around the country, and frankly, people around the world watching this country. Students walking single file, arms raised after a gunman opens fire inside their school.

Today this scene happening outside Portland, Oregon, a student shot and killed, a teacher injured, and tonight the gunman dead from a self-inflicted wound according to multiple law enforcement officials.

The president moments ago made his first comments on this shooting, and he took a broader -- a moment for a broader comment on gun violence in the United States. Take a listen.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA: A lot of people will say that this is a mental health problem. It's not a gun problem. The United States does not have a monopoly on crazy people. It's not the only country that has psychosis and yet we kill each other in these mass shootings at rates that are exponentially higher than any place else.

Well, what is the difference in the difference is that these guys can stack up against a bunch of ammunition in their houses and that's sort of par for the course. So the country has to do some soul-searching about this. This is becoming the norm.

(END VIDEO CLIP)

BURNETT: This is becoming the norm. Justice correspondent, Pamela Brown, is following the story for us. Pam, I know that details are still coming in. What more can you tell us about what happened today in Portland?

PAMELA BROWN, CNN JUSTICE CORRESPONDENT: That's right, Erin. In fact, we're expecting to learn more in a presence conference in just about an hour from now. But what we have learned according to law enforcement sources we've been speaking with today is that this gunman, who walked into the school, high school this morning was a student, and that he apparently died from a self-inflicted wound.

And according to scanner traffic, Erin, it appears he walked in this morning wearing all black, including a helmet and a bulletproof vest and opened fire, killing one of his fellow students. Right now investigators are still trying to piece together why he did this.

(BEGIN VIDEOTAPE)

UNIDENTIFIED CALLER: Shots fired in the locker room. At least one person down.

BROWN (voice-over): The burst of gunfire rang out shortly after 8:00 a.m.

UNIDENTIFIED MALE: Shots fired!

UNIDENTIFIED MALE: In the locker room.

BROWN: With more than 2,800 students at Reynolds High School already in class.

UNIDENTIFIED MALE: Shots. One is down. Person is wearing a vest.

BROWN: Tonight police have not released a motive, but say the gunman showed up alone and began firing a semiautomatic weapon.

UNIDENTIFIED MALE: I heard gunshots and then they started yelling, telling us all to get down.

BROWN: The school went on lockdown. Over a loudspeaker, students are told this is not a drill. Outside, police and SWAT team members descend on the campus.

UNIDENTIFIED MALE: We have the building pretty much surrounded right now. We're going have to go and clear it.

BROWN: Back inside, the gunman has killed one student and shot a popular teacher. That man is expected to survive.

UNIDENTIFIED MALE: We need a robot inside. We've got suspect down on the toilet, but we cannot see him.

BROWN: Students are told to begin filing out of the school, single file, hands raised.

UNIDENTIFIED FEMALE: Panic, come out, flying down the street. I was shaking. BROWN: Nearby, terrified parents who have raced to the scene are corralled behind police tape, waiting for word on their children.

UNIDENTIFIED MALE: We're sure he is OK. But, you know, until you hear that -- until you hear the final word, you always have the thought.

BROWN: Moments later, this father's phone rings. His son's voice on the other end.

UNIDENTIFIED MALE: I am glad to hear from you.

(END VIDEOTAPE)

BROWN: And as far as the investigation goes, authorities are casting a wide net. They're interviewing family and friends of the gunman, scrubbing his social media, searching his home, looking for any clues to explain the motive, and also, Erin, something that investigators are trying to figure out is whether this gunman was bullied, whether the victim here was targeted or whether the victim was just killed at random.

And of course, we hope to learn more in this press conference in just about an hour from now, as I mentioned. And also, Erin, worth noting, tomorrow was the last day of the school year. Certainly a tough way to end the year.

BURNETT: All right, Pamela Brown, thank you very much. We are awaiting that press conference. Right now, joining me now high school student, Hanna League, who heard gunshots, saw injured teacher, Todd Wristler bleeding. Even having to hear the sounds and relive what you went through today, it's got to be impossible to imagine. Not only was the school year almost done, but this is something I'm sure you see happen on TV, happen at other schools. Can you believe this happened to you?

HANNAH LEAGUE, WITNESSED SCHOOL SHOOTING: No, I can't. You go to school one day, you don't think something is going to happen like that, especially to your school. It's kind of like crazy, you know.

BURNETT: It is crazy. You heard what the president said. He used that very word when he was talking about these things that are happening. What did you see? What happened from what you heard and what you saw this morning?

LEAGUE: Well, I was walking, and I heard these pops, and I thought they were firecrackers. But then I saw a teacher run out with his side kind of bloody and it just -- I didn't know what to do. I was walking. I just walked because I didn't know what I was supposed to do. So I walked to the -- inside the school where everyone was -- where everyone was. And they were running to classrooms. And I got in the first classroom I could find and they put me in.

BURNETT: And what was going through your -- through your head? I know you said you didn't know what to do. I don't think anybody would have known what to do. You certainly aren't alone in that. But when you saw that teacher and you say you saw the blood on his side, were you terrified at that moment, or did you sort of go into some kind of a different mode and fear hit you later?

LEAGUE: I kind of went into a different mode, like shock but not really. I was calm, because I wasn't sure exactly what was going on. But -- it hit me later like what could happen, especially because my best friend was in the place the shooter was. So I didn't know if she was OK or if anyone was OK.

BURNETT: And how long did it take before you realized that the situation was under control? How long were you hiding in that classroom, not knowing what was happening and afraid?

LEAGUE: We were in the classroom for about an hour until the cops came, and we weren't sure if we should open the door for the cops because we weren't positive if it was the cops or not. But we eventually did and they escorted us out.

BURNETT: Hannah, I don't know if you heard in the piece that aired before you came on the show, there was a dad, and he was tearing up and crying and talking about how he was waiting to hear from his son. He hadn't heard from his son. And literally the television cameras are on him and the phone rings and it was his son on the other end of the line saying he was OK, someone else who went to your high school. When did you first talk to your parents?

LEAGUE: I wasn't allowed to text in the room, but I let my parents know that I was OK and what was happening. And they tried to call me, but I obviously couldn't talk to them because you had to stay quiet. But I let them know I was safe.

BURNETT: But you weren't allowed to text, you said?

LEAGUE: No, we had to stay in the corner with no light just in case the shooter came in, they couldn't see us if they tried to look in the room.

BURNETT: No lights on the screens. All right, Hannah, thank you very much. I'm glad that you're OK tonight.

LEAGUE: Thank you. No problem.

BURNETT: And just moments ago, I spoke to Democratic Senator Joe Manchin of West Virginia. He is a major supporter of gun rights, but he helped broker a background check compromise last year. That compromise the president just referred to it that failed in the Senate. I asked him about his response to the president's remarks.

(BEGIN VIDEOTAPE)

SEN. JOE MANCHIN (D), WEST VIRGINIA: Erin, there has been 74 school shootings, 74 school shootings since the horrible tragedy in Connecticut. It's just awful and it continues. You know, we know we have a mental medical problem there. We know that. We need to do more than we can to help those who are need mental help and assistance. We haven't done enough along those lines there. But you're talking to somebody who is an avid gun owner.

I'm a proud law-abiding gun owner. I enjoy the guns I have. I protect my guns and I learn to use them responsibly. The bottom line is a responsible gun owner, Erin, not going to sell their gun to a stranger, to a criminal, someone who might not be stable mentally or to an irresponsible person. That's not what law-abiding gun owners do.

So doesn't it make common sense that if I go to a commercial transaction and I don't know the person, I want to know that background on that person or if I'm on the internet, don't I want to know who is buying my gun? That makes sense and that's a common sense approach. We couldn't even get enough votes to pass that.

BURNETT: Which stunned a lot of people. Will that be enough? I mean, obviously some of these cases that you talk about with these 74 shootings and some of the over shootings that have happened in recent months, the people who bought those guns and bought them legally, they had had psychological help. Nobody had flagged them as having a problem. No mental health problem had shown up. They would have passed a background check.

MANCHIN: Well, it seems in America today with our politics and everything else about our lives, we're on the extremes. You're on the right or the left or whatever, just extremes. The bottom line is that we've got to change our whole approach and that approach basically has to go to law-abiding citizens.

BURNETT: Will you reintroduce your bill?

MANCHIN: I've said this all along. I hope that that common sense approach, if we can't pass this, my goodness, I don't know what it's going to take to pass something today. But the bottom line is can it come back up? Do we have five more votes? Will five people basically look at what is happening in America today, thinking that we can take common sense approaches and not really take away anyone's rights.

BURNETT: And are you going to try to get those five votes now?

MANCHIN: We've been -- we've been talking and trying all along. We've never given up. I will definitely go back and try again. And we'll see if we can get the votes that we need to pass it.

BURNETT: Would you change your point of view at all on an assault weapons ban as you talk about being an avid gun owner? I know you have not supported an assault weapons ban. Are you still of that view?

MANCHIN: Erin, the bottom line is people start talking assault weapons and all the different things. There is so much definitions. That's not really where we're going. The only thing that myself and Pat Toomey worked on and talked on was a background check on commercial transactions. Areas we took for granted that you're a law- abiding gun owner and you're going to do the right thing.

So if I'm taking that approach, then shouldn't we also ask if you're going to go to a commercial gun show, if you're going to be on the internet and you don't know the person, you should know the background of that person if they should be able to have your gun?

BURNETT: Senator Joe Manchin, thank you very much.

MANCHIN: Thank you.

(END VIDEOTAPE)

BURNETT: And still to come, new details about the couple that went on a shooting rampage in Las Vegas. Why one of the shooters liked dressing up as the joker.

Plus, new information about the deal that brought Sergeant Bergdahl home. Why did the White House really keep Congress in the dark?

And five members of the Taliban just transferred to Doha, Qatar. I was just there this week. I have an exclusive report.

(COMMERCIAL BREAK)

BURNETT: And another shooting to update you on, this one in Las Vegas on Sunday where a couple, Jerad and Amanda Miller shot and killed people three people. The couple was known to have anti-government view, yelling this is the beginning of the revolution during their shooting. Autopsy results revealed Jerad Miller died of a gunshot wound of the chest. The death of his wife and accomplice, Amanda, being ruled a suicide.

Kyung Lah has more on this couple and what drove them to their deadly rampage.

(BEGIN VIDEOTAPE)

JERAD MILLER, SHOOTER: I know what it feels like you and me versus the world.

KYUNG LAH, CNN CORRESPONDENT (voice-over): Them versus the world. That was Jerad Miller's emotional video message to his wife Amanda just before he went to jail in Lafayette, Indiana, for a felony.

J. MILLER; I'm so glad you're not like that, baby. I'm so glad that I found you.

LAH: They left Indiana earlier this year, documenting their cross- country move to Las Vegas.

AMANDA MILLER, JERAD MILLER'S WIFE: We're on our way to Vegas, baby.

LAH: At their Las Vegas apartment complex, they dove into life here. Neighbors say they dressed up as characters to work on the strip. Their favorites, the characters from batman, like the joker. This disturbing video posted in 2012 appears to be Miller dressed as the joker.

J. MILLER: I want to make everybody cement, to one world governance. LAH: Jerad Miller who on social media had been posting anti-

government rants joined protesters at Cliven Bundy's ranch. The Nevada rancher was in a standoff with the federal government over grazing fees. A local news station interviewed Miller at the Bundy ranch.

J. MILLER: I feel sorry for any federal agents that want to come in here and try to push us around or anything like that. I really don't want violence toward them. But if they're going to come bring violence to us, well, if that's the language they want to speak, we'll learn it.

LAH: He was so radical, the Bundy family tells CNN they asked Miller and his wife to leave.

UNIDENTIFIED FEMALE: I lost Amanda. I should have called the cops.

LAH: Kelly Fielder says she was friends with Amanda Miller. The Millers moved out of their apartment next door and were staying with Fielder for the last two weeks. Fielder saw them leave the morning of the shooting, armed.

KELLY FIELDER, AMANDA MILLER'S FIRED: NRA-1. He had two on his side. She had 38.

LAH: They're pushing the weapons in something or carrying them on their bodies?

FIELDER: They were at two duffel bags and a cart. And they had two -- they had two duffel bags on their back. She just hugged me and said I love you and thank you for everything. When I die, I'll come back and see you guys again. And that was the end of it.

LAH: Did it feel like a goodbye, that she was saying goodbye to you?

FIELDER: Yes.

LAH: Why didn't you call the police?

FIELDER: Because I was stupid, I guess. Because I didn't think that he was going to do this. They got two -- two cops that are dead, a bystander, my best friend.

LAH: But a Las Vegas police officers now wearing the black bands marking the deaths of officers Igor Soldo and Alyn Beck, that lack of action is hard to fathom.

SGT. TREY GETHOEFER, LAS VEGAS POLICE DEPARTMENT: And knowing that something like this could have been prevented with one phone call makes all of us very angry. As a citizen in our community or any community, you have a moral obligation to at least pick up phone, dial 911.

(END VIDEOTAPE)

LAH: If there is any good to come out of this, the Las Vegas police want you the hear this. If you suspect that there is someone close to you that is making threats that might go out and hurt people, don't hesitate to call authorities -- Erin.

BURNETT: All right, Kyung. Thank you very much.

And of course, so many people think when they make those calls, what really happens? Do people listen? Do they have the ability to do anything? A big question facing this country tonight.

Well, ahead, an exclusive OUTFRONT investigation from Doha, Qatar, the country where the five members of the Taliban were transferred. I just got back from there this afternoon, and tonight I'm going show you what I found in Doha.

Plus, the truck driver who allegedly caused the Tracy Morgan car crash is fighting back on twitter, claiming that some things said about him are not true.

And one of the most frightening elevator rides ever caught on tape. Tonight, my God, what to happen if this happens to you.

(COMMERCIAL BREAK)

BURNETT: A truck driver involved in the deadly crash that left actor and comedian Tracy Morgan in critical condition insists tonight he is being made a scapegoat. So, in a series of tweets that are believed to from Kevin Roper, he writes he feels terrible about the crash. But as for the accident quote "First off, I never said I was awake for 24 hours. Not once did I say that to any law enforcement or media person. These are lies being spread because they're being pressured to make an arrest as this accident is being covered." And then he used the word caps nationally, because a famous person was involved. Roper has been charged with death by auto and assault by auto. But does he have a point?

Our legal analyst Paul Callan is OUTFRONT.

And Paul, of course, I want to mention you helped represent Morgan back in 2010. But these are serious charges you were just saying, five to ten years if he is convicted of this death by auto. So we tried to confirm if this is his twitter account from his lawyers. We haven't been able to confirm that. But is this the only reason he is being charged because someone famous, Tracy Morgan was involved in the accident?

PAUL CALLAN, CNN LEGAL CONTRIBUTOR: I think it is factors. As a matter of fact, I was talking to a New Jersey municipal judge a little bit earlier this evening about a former municipal judge who was saying that what struck him as odd is how fast the charges came down, you know. Usually there is an extensive investigation and then they posit the charges.

And also, think about it. It is very -- how do you prove sleep deprivation? OK, maybe you can prove he was driving for a period of time. But how do you know he didn't pull over by the side of the road and sleep? There is only one way to prove that and that is if he confessed to it. And if this tweet is true, he is saying I didn't confess to sleep deprivation.

BURNETT: So what role does it play that whether it was (INAUDIBLE), there has been also no evidence at all that there was anything untoward in terms of drugs or alcohol involved. But if you can't prove that, I mean, what does cause matter, is what I am saying, right? If you know that this person was responsible, what does it matter if it was because they were up all night or something or drinking or whatever it was?

CALLAN: It's very important, because otherwise it's just an ordinary accident. I mean, anybody can have an automobile accident. We don't take them off in handcuffs if that happens. Sometimes unfortunate things happen on the road.

BURNETT: So you're saying if you can prove someone is sleep deprived, you can put them in jail for five to ten years. But if they were just a bad driver?

CALLAN: Probably not.

BURNETT: Wow.

CALLAN: And a lot of states, by the way, are not as tough as New Jersey. Like New York, for instance, it's kind of a two-violation rule. You have to be drunk and speeding or you have to be speeding and go through a red light. Usually, there are two violations you see. In New Jersey, though, because it's so dependent on these big roads, sleep deprivation has been recognized as a form of recklessness that is criminal.

BURNETT: Well, you know, they have a lot of roads, north-south traffic and with trucks on them. All right, but here is the question I have about this. This man is coming out on twitter. He then continued to tweet. So, yes, I am now most likely f-ed because I had an unfortunate accident with the wrong car that night, as well as taking on this issue of sleep deprivation. So, is he going to regret using twitter?

CALLAN: He is going to deeply regret using twitter. And I'm sure his attorney is very, very angry about this, because I have to tell you, he's got a case in which he probably has a pretty good defense. It is going to very hard -- how do you prove sleep deprivation? Very, very hard. And I've seen cases, though, involving even people as young as 19 prosecuted under this provision and going to prison when they kill somebody. So he is facing very serious charges.

BURNETT: All right, Paul Callan, thank you very much.

And next, lawmakers blast President Obama over his handling of the Sergeant Bergdahl deal. Why the White House kept Congress in the dark.

And Hillary Clinton claims she was a victim of sexism back in the 2008 election. But is she the one actually playing the gender card?

(COMMERCIAL BREAK) BURNETT: Breaking news, Democratic Congressman Adam Schiff

tonight questioning the ability of Qatar to monitor the five Taliban officials released in exchange for Army Sergeant Bowe Bergdahl. Schiff sits on the House Intelligence Committee and he tells our Jim Sciutto it is possible the five Taliban officials, quote, might disappear even during the first year in Qatar.

Now, we, of course, were told that one of the central conditions for the prisoner swap was that the country of Qatar would monitor the men for a year. They would not be allowed to fund raise. They wouldn't have free use of the Internet to do any kind of terrorist activity and they wouldn't be allowed to leave the country.

According to Schiff, though, the Qatari's ability to monitor those men is, quote, "only so great." But something that appears pretty clear on the ground there, I just returned from Doha, the capital of Qatar, a few hours ago. And there, I found absolutely no controversy about the deal or about the Taliban that's there.

And I should note that when we talk about Doha, it is representative, almost the entire country population-wise lives in the city. So, this is where any kind of debate and conversation would happen.

(BEGIN VIDEOTAPE)

BURNETT (voice-over): We visited Doha's main shopping souk on a very hot afternoon. I spoke to several people, but most refused to talk on camera.

This man, though, summarizes the sentiment I heard everywhere.

UNIDENTIFIED MALE: Qatar is open to everyone and everyone is welcome.

UNIDENTIFIED MALE: Even Taliban?

UNIDENTIFIED MALE: Affirmative, even Taliban.

BURNETT: Only one man admitted to knowing about the deal, although clearly more people knew about it, most said, no, I've never heard of it and waited for me to lay out the terms. Then, they had something to say.

Here is Ahmed.

UNIDENTIFIED MALE: If you want the truth, I don't get involved in politics. Very few of us do, but we normally as a nation leave it to the government.

BURNETT: People we met were quick to say their emir was not to be questioned. They also said something like the Taliban have been here. So what? Who cares? No big deal. They're fine living here with us. This is a nonstory.

But when Ahmed referred to leadership, he was talking about something important. The royal family in Doha is all powerful. The emir helped secure the deal with the Taliban personally.

I spoke to the royal family for the first time about the Taliban deal when I was in Doha, when I met the emir's sister, Sheikha Mayassa Al Thani.

(on camera): There has been a lot of focus on your family. Is that strange for you or pressure for you?

SHEIKHA MAYASSA AL THANI, EMIR OF QATAR'S SISTER: I mean, Qatar is a small nation, has been always in the spotlight, because we decide to be independent in our policies and we do things with conviction. There is no pressure. I mean, take it with a pinch of salt as they say. That's not going to deter our conviction or our determination to move forward.

BURNETT: You obviously went to school at Duke. So, you spent a lot of time in the United States. You're very familiar with it.

So when you look at this situation that is getting so much attention, do you understand why for a lot of Americans, they're very upset about the deal --

AL THANI: What deal are you speaking?

BURNETT: -- about your brother the emir doing the deal with the Taliban?

AL THANI: I don't know the details, to be able to give you a frank description of how Americans feel or the reasoning in our foreign policy. But I know that in the end, Qatar is always doing things for the best interests of everybody.

BURNETT (voice-over): I also went to the Taliban's office in Doha. It's in what is described to me as a posh neighborhood. It's a big villa in an area full of huge homes.

Other than the guard I met, the villa was silent. There was no activity. We circled it, checking all sides for entrances, cars, people in windows.

(on camera): Is there anyone inside?

UNIDENTIIFIED MALE: No anyone.

BURNETT: No one?

UNIDENTIFIED MALE: (INAUDIBLE) seven months.

BURNETT: No one has been here for seven months? Wow. Do you get bored?

UNIDENTIFIED MALE: What can I do?

(END VIDEOTAPE)

BURNETT: Joining me now, the chairman of the House Homeland Security, Republican Congressman Michael McCaul.

Good to have you with us.

REP. MICHAEL MCCAUL (D-TX), HOUSE HOMELAND SECURITY: Thanks, Erin.

BURNETT: Every Qatari I spoke to yesterday in Doha said literally, what's the big teal? The Taliban is already here. They already live here. Everything is fine. So, what? Why are you guys making a big deal of it?

You know, it was interesting, because they were welcoming them, and not necessarily in a political way, just as a matter of fact. You know, yes, they're here, why do you guys care?

Obviously, that doesn't mean that the Qatari government will let those former Taliban commanders attack America again. I mean, do you trust the company of Qatar?

MCCAUL: Well, look, Qatar -- I just returned from the region recently, the UAE, Saudi Arabia. Qatar is one of the largest financers of terrorism in the world from not the government itself, but by some of the royal family. That concerns me.

I've looked at the documents coming out of the White House. I do know that they are monitored and under surveillance. But they are free to roam the country. And as like Adam Schiff, my colleague, I am concerned about their ability to make contact with the terrorists.

And remember, one of the five has already announced, Noori (ph), that he is intent on returning to Afghanistan and killing Americans. And that gravely concerns me.

BURNETT: You know, the Secretary of State John Kerry just spoke with our Elise Labott.

You know, he said that officials are going to be monitored, right? He tried to assuage some of the concerns you are raising, that Adam Schiff is raising. Here is how he expressed it.

(BEGIN VIDEO CLIP)

JOHN KERRY, SECRETARY OF STATE: Well, they're not the only ones keeping an eye on them.

ELISE LABOTT, CNN FOREIGN AFFAIR REPORTER: The U.S. is going to be monitoring them?

KERRY: I'm just telling you they're not the only ones keeping an eye on them and we have confidence in those agreements. If they're violated, then, we have the ability to do things.

(END VIDEO CLIP)

BURNETT: Do you have any idea what he is talking about, what things the United States has the ability to do? MCCAUL: I do. I'm probably not at liberty to discuss a lot of

that. But I'll tell you --

BURNETT: Are they meaningful, though?

MCCAUL: Well, let me tell you, they know how to communicate without cell phones. They know how to communicate without being intercepted. And my biggest concern is, look, we just let out of Gitmo the top five Taliban leaders with the strongest links to Osama bin Laden. This is the minister of intelligence, defense. These are the top five leaders that the Taliban wanted. The Haqqani Network, which is al-Qaeda affiliated, we've negotiated with the terrorists here. We've only empowered and emboldened our enemies by doing this.

And I'm gravely concerns what that means now as the NATO forces now wind down Afghanistan, what kind of climate, what kind of vacuum are we going to leave when we actually withdraw out of Afghanistan?

BURNETT: There has been, you know, some hoe when they hear the argument you're making, they said, look, these guys have been out of the flow, the terror flow for more than a decade. But they're not -- they're not in the center of things anymore. And therefore, their ability to come back and strike at the United States or become commanders again would be extremely limited and unlikely. And that's part of the reason why the Obama administration said let them go.

Do you buy that?

MCCAUL: I don't buy that at all, given their past history to Osama bin Laden who was the perpetrator of 9/11. How can we possibly ever trust them?

And I think that Mullah Omar stated it best. He is the head of the Taliban in Pakistan, hiding out. I've been to Kandahar. He is hiding in Quetta.

He basically said this is a huge triumph. This is a colossal victory in his words.

Now, when you the head of the Taliban saying this is a colossal victory, how can that possibly be in the best interests of the United States of America? I'm concerned about how he get out of this, and the safety of our soldiers over there. But as the chairman of homeland security, the safety of the American people.

When I was over there, I met with the ambassador and General Dunford. The ambassador told me my greatest fear, Erin, he said that I'm concerned when we withdraw, there will be a vacuum, and we will get hit again.

BURNETT: The administration has said they worked on this deal. They were supposed, obviously, to notify you, and they give you 30 days to discuss it. They didn't do that. And there's has been Democrats and Republicans who are equally angry about this.

But, you know, the White House has said, look, we didn't tell you guys because you guys can't be trusted, you're going to leak.

Democratic Congressman Adam Schiff said that's a load of -- a load of lies, that the leaks are coming from the administration, not from Congress. But to be fair, it was Senator Dianne Feinstein who confirmed for the first time a deal for Bergdahl was even on the table back in 2012. She did speak to the press at that time.

Because of that, can you see the president's point?

MCCAUL: Look, the law requires notification to Congress. I chair a national security committee. I was not notified of this. And the law is the law.

And I believe they flagrantly disobeyed the law. And that law is there for a purpose, because we want the right policy for the United States. I happen to agree with Adam Schiff that that should have been done in this case and unfortunately it was not.

BURNETT: So, what are you going to do about it? That's what I keep wondering. I mean, you all are angry. But what action can you take against the White House?

MCCAUL: Well, you know, there are a lot of things we can do if the president technically violates the law we need to look at that. We have the National Defense Authorization bill going through the Congress. What stricter procedures can we put in place?

I think this is all part of his effort to close down Guantanamo Bay. And I think that's very clear and self-evident that right now in Guantanamo is the worst of the worst left. And I'm concerned what this president is going to do with the remaining detainees, the remaining terrorists who are at Guantanamo.

So, I mean, the law is there for a purpose. I think he violated that law. He circumvented the Congress. And he should have done a better job.

And, Erin, this is not a partisan issue, this is a bipartisan issue. We feel like we did an end around.

Let me say this -- that 90 people in the administration knew about this. And officials in the Qatar government knew about this. But members of Congress didn't know about this? That's wrong.

BURNETT: All right. Chairman McCaul, thank you very much really appreciate you coming on the show tonight

MCCAUL: Thank you.

BURNETT: And still OUTFRONT, Hillary Clinton says it will be easier to run as woman in 2016 than it was last time around. Why is she so confident?

And a frightening video of an out-of-control elevator. It's sort of a nightmare if you imagine this happening. Tonight, Jeanne Moos explains what to do if you are ever in the situation of this guy. (COMMERCIAL BREAK)

BURNETT: Tonight, Hillary Clinton says a woman running for president in 2016 will encounter a more welcoming political landscape than she did in 2008.

(BEGIN VIDEO CLIP)

HILLARY CLINTON, FORMER SECRETARY OF STATE: I think over the last six, seven years, there has been a much greater awareness in the American public about the double standard. So I really believe that there is a great discussion going on now. And whether it's somebody running for president or somebody climbing the corporate ladder or broadcasting or anything else, there is much greater awareness. And that's all to the good.

(END VIDEO CLIP)

BURNETT: And this is a woman who has been very open about the barrage of sexism she faced during the 2008 campaign. I mean, do you remember this?

(BEGIN VIDEO CLIP)

JOHN EDWARDS (D), FORMER PRESIDENTIAL CANDIDATE: I admire what Senator Clinton has done for America, what her husband did for America. I'm not sure about that coat.

BARACK OBAMA (D), THEN-PRESIDENTIAL CANDIDATE: I actually like Hillary's jacket. I don't know what is wrong with it.

UNIDENTIFIED FEMALE: She was charming. Her hair looked, just to be cosmetic, her hair looked great.

UNIDENTIFIED MALE: I have often said, when she comes on television, I involuntarily cross my legs.

UNIDENTIFIED MALE: The reason she may be a front-runner is her husband messed around.

UNIDENTIFIED FEMALE: Hillary looks so haggard and looking what, 92 years old. If that's the face of experience, I think it's going to scare away a lot of those independent voters.

UNIDENTIFIED MALE: When she reacts the way she reacts to Obama, with just the look, the look toward him, looking like everyone's first wife standing outside of probate court.

(END VIDEO CLIP)

BURNETT: OUTFRONT tonight, CNN political commentator Margaret Hoover, CNN legal analyst Sunny Hostin and media analyst Rachel Sklar.

SUNNY HOSTIN, CNN LEGAL ANALYST: Awkward.

(LAUGHTER) (CROSSTALK)

BURNETT: It is worth a reminder that those things were said.

Now, so, let's just say, Sunny, eight years later, she says it's going to be easier for a woman to run for president. I mean, it seems to me that that is a statement of the obvious in a good way because we have kind of gone through this gut-wrenching analysis.

HOSTIN: I don't know that it's the statement of the obvious. I've got to tell you, I'm just not convinced if that's true. I think when you talk about almost eight years ago as a country, we were more comfortable electing a black president than a woman. And that I think says a lot when you look at the racial tensions that still exist --

BURNETT: In some of the population, you're looking at 50 versus 13, right? So, you would think it would be another way around. Yes?

HOSTIN: Exactly. So, I think it's remarkable. And certainly she is saying I think what a lot of people wish. We hope that there isn't this double standard.

But when you hear about people talking about Hillary running for 2016, what are the adjectives? Abrasive, callous, calculated, tone deaf. You know, you all these things.

Men are not described that way. that have the same sort of leadership.

BURNETT: Well, being abrasive, I would think, a lot of people think, let's just say, for one Chris Christie, an asset.

HOSTIN: Exactly.

BURNETT: It's a different.

Rachel, but, I mean, is it just for Hillary Clinton that it could be easier this time around?

RACHEL SKLAR, MEDIA ANALYST: I think we are two election cycles away. We are two election cycles away and it really is so different than 2008. All of those examples, I think what is key about those examples is not just that they happened, but that they happened with very little blow back.

When they happened, sort of the feminist blogosphere, a woman site reacted strongly against them, but by and large, that did not attract much mainstream attention. Maybe halfway to either campaign.

And now, it's very, very different. The mainstream reaction for sexist remarks across the board is swift and furious. And there are real consequences.

(CROSSTALK)

HOSTIN: I mean, this just happened, right? She is the editor of "The New York Times" and she is considered tone deaf, and abrasive, and callous. Again, things that would be considered attributes for men and she gets fired.

And I don't know, there's not much --

(CROSSTALK)

MARGARET HOOVER, CNN POLITICAL COMMENTATOR: I still think that sexism is rampant in politics, and I don't think that she is going to be immune from really disgusting racist sexism that will continue in politics. I mean, you've already seen that Chelsea, she was going to have a grandchild, she's going to become a grandmother amidst the campaign, is she emotionally being able to handle being grandmother? How is that going to affect her focus on the campaign? Or Mitt Romney who had three grandchildren when he was running for the president?

So, there is still this double standard.

Remember, though, one that she won the New Hampshire primary mostly because of the media moment, she was emotional. So it does cut both ways. And, frankly, she may help to garner women support, who are going to com out for her even more strongly if she's a victim of sexism.

BURNETT: And she has called it out. Here she is on "SNL", I'll just play it.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Thank you for coming, I love your outfit.

CLINTON: Well, I love your outfit, but I do want the earrings back.

(END VIDEO CLIP)

BURNETT: All right, she used it to her advantage. The one thing I struggled with, the more you talk about it, it's good, it's out in the open and you can get through these things.

But there is something human do pay more attention on how women look than men. And as long as woman have long hair, and it could be unruly and messy and men have very little hair, it becomes an issue of discussion for women more than it is for men. Is that ever going to change?

SKLAR: It's not going to change for this election cycle. I definitely agree. However, the -- just the act of having gotten it out there and have all this discussion over the past eight years, the pendulum really has swung. I think it's actually really notable that the one person whose name came up over and over again as a potential challenger for Hillary Clinton is Elizabeth Warren.

So, that is very different than 2008. If you remember at the beginning of the primary, Hillary Clinton as the lone woman on the stage of men, and that, by the way is the reason she would wear those bright pant suits that people would make fun of her. You could tell that she was on the stage. It differentiated her.

HOSTIN: But I don't know, if you broaden the professions, I mean, I often get accused that I must not be that qualified, because I'm cuter than somebody else, this is why I have a job on television. That is fascinating to me because people toss out the fact I spent so many years as a federal prosecutor. And I'm sure you get the same thing, and I'm sure you get the same thing.

So I don't know that people are ready to sort of take away and peel back sort of beauty stuff and look at the real person.

BURNETT: I just want to -- some breaking news. Margaret, I just want to get in here and go to you on this. A major political upset brewing in Virginia tonight. This is pretty incredible.

Primary night, Republican Eric Cantor, everyone watching the show knows Eric Cantor, the House majority leader, is fighting for his political life against Tea Party challenger Dave Brat. No one saw this coming. Cantor was expected to come out on top. Right now, though, 68 percent of the precincts reporting, Cantor is at 44 percent of the vote, Dave Brat, 57.

HOOVER: This is -- if this continues along the trajectory that it's looking at right now, Erin, this will send shock waves through Washington. I mean, this will truly be an incredible upset.

There are a couple of things here -- one, Cantor comes from a very conservative district. When he is leading the House, you know, he's put himself as being the vanguard of the Tea Party. However, he has recently tried to take steps toward, you know, moderating is a controversial word but trying to streamline and mainstream the Tea Party towards, you know, moving a potential towards immigration reform.

This could absolutely derail any chances for immigration reform because I think that was trying to go on behind the scenes right now.

BURNETT: And on the left, some say Cantor was not known at all for compromise. I mean, you know, if this is going this way, are we now saying that even Cantor, who is not known for much of compromise, is too much of a compromiser for the Tea Party?

HOOVER: It will also be a story on polling, because most of the polling beforehand did not show that he was actually this vulnerable. This is shocking to me that 60 percent of the precincts are reporting.

BURNETT: Let me just bring Mark Preston who runs, in charge of our polling here at CNN. And, Mark, what about that point that Margaret just made? That this would show -- polling did not show that Eric Cantor could lose, did it?

MARK PRESTON, CNN POLITICAL DIRECTOR: No, certainly. It didn't show that he was going to lose. And, the fact is that Eric Cantor was spending a lot of time trying to make sure that he has secured his right flank. Now, his opponent right now, Dave Brat, who's leading, was

running from the right, trying to paint Eric Cantor as being too moderate, not conservative enough, specifically on that immigration issue. Now, this would not only be terribly surprising tonight, this will be the upset of the year if it continues on and Eric Cantor does not win his Republican primary.

A couple of things to keep in mind, Eric Cantor is the majority leader in the House. He really like is on a trajectory to become the next speaker of the House if John Boehner is to leave and Republicans were to maintain control. So, this is an amazing thing we're seeing unfolding, very quickly, right now just south of us, right north of Richmond, this race right now could be the upset to the year.

BURNETT: It's just incredible when you think about this, what's happening.

All right. Well, we're watching this. As I said, 68 percent of the precincts reporting. We're trying to get more information to see whether this really will be the political story of the year.

We're going to be back in just one moment.

(COMMERCIAL BREAK)

BURNETT: Breaking news: a major political upset tonight. I mean, this is incredible. Primary night in Virginia, no one paying any attention to this race. Republican Eric Cantor, House majority leader, likely to be the next speaker of the House, could lose in a primary to Tea Party challenger Dave Brat. You've heard nothing about this race for a reason. Nobody thought it mattered.

Right now, though, we have 76 -- I'm sorry, 75 percent of the precincts in. I'm just looking at this -- 183 of 244, and as you can see the challenger Dave Brat is more than 6,500 votes ahead of Eric Cantor.

Mark Preston is executive editor of CNN politics. I know you were just on the phone. I was stalling to give you a chance to get off the phone, working your sources.

What are you hearing?

PRESTON: Well, we're hearing right now that in fact, folks here in Washington not only are we surprised, they are surprised. But their take is that Eric Cantor didn't move quickly enough to try to shore up his flank, they said that his operation was rusty. And in fact, this is what happens to lawmakers when they don't pay enough attention into trying to win re-election. That's what they're saying is happening here right now.

But more importantly, if Eric Cantor does lose, this has national implications, because there will be wide open race now for the House majority leader, assuming John Boehner stays as speaker. And once John Boehner leaves, when he decides to leave, it will be a wide open race to see who becomes the next speaker. BURNETT: Mark, quickly, before we go, does this change the math

at all?

PRESTON: No, this seat will stay in Republican hands. It's a conservative district. It's at Richmond, and it kind of goes up the I-95 corridor right now. But the numbers will stay the same, Republicans very likely to hold onto the House.

BURNETT: Just an incredible development tonight though.

Mark Preston, thank you.

He's going to stay with us, because Anderson is continuing our coverage of this breaking political news story.