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LEGAL VIEW WITH ASHLEIGH BANFIELD

Menendez Says He Was Victim of Cuban Intelligence Smear Campaign; Republicans Choose Cleveland for 2016 Convention; Police Arrest Woman Who Abandoned Baby on NYC Subway; Fan Sues MLB, ESPN for Defamation; 83-Year-Old Texas Lady Fights Off Burglar

Aired July 8, 2014 - 12:30   ET

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


(COMMERCIAL BREAK)

ASHLEIGH BANFIELD, CNN ANCHOR: The New Jersey senator at the center of a federal corruption probe is claiming he's trapped in a Cuban intelligence smear plot, and he's talking only to CNN about this right now.

Senator Robert Menendez is accused of traveling to the Dominican Republic to have sex with under-aged prostitutes but now lawyers for Menendez want the Justice Department to see if the senator, who's been an outspoken critic of Cuba, was, in fact, set up by Cuban intelligence operatives.

With me now is chief congressional correspondent Dana Bash. Dana, you just wrapped up an exclusive interview with the senator, so hats off to you for getting that.

This is very complicated. Let's just be really clear here. There is this corruption probe that Menendez was involved in.

Then all these rumors circulating about these visits to underage prostitutes, and ultimately, the only person who, as I understand it now, is saying this is a Cuban intelligence plot to smear me is Menendez's lawyer.

What's he saying about this?

DANA BASH, CNN CHIEF CONGRESSIONAL CORRESPONDENT: This is reported by our own Evan Perez, first by "The Washington Post," that his lawyer wrote a letter to the FBI asking for an investigation into this, because there were some, allegedly, some CIA reports that, as you said, Cuban government was actually potentially behind the leaks by an anonymous tipster about many of the things you just described, about Menendez allegedly having dalliances with prostitutes in the Dominican Republic and so forth.

There is an FBI investigation more broadly into some other things relating to one of his donors, but the big picture right now is that it is pretty clear that senator Menendez believes there is validity to this and he talked to me exclusively about it.

Listen to our conversation. (BEGIN VIDEO CLIP)

BASH: Senator, you believe that you were the subject of a Cuban intelligence plot?

SEN. ROBERT MENENDEZ (D), NEW JERSEY: Look, Dana, let's remember how this all started, nameless faceless accusations that ultimately prove themselves to be false and early on, there were some indications about the possibility of the Cuban government's involvement.

And so based upon what we have seen, you know, as evidenced by "The Washington Post" story, in fact, there's something that should be investigated by appropriate law enforcement entities.

BASH: Specifically, your lawyer wrote to the FBI, saying that he believes he has information that you were the victim perhaps of a Cuban intelligence plot. Do you believe that as well?

MENENDEZ: Look --

BASH: I mean, he's your lawyer, obviously.

MENDENDEZ: Look, I'm not free to comment on my lawyer's communications with the Justice Department, but simply to say that this has been out there for a while.

And evidently from the thought of the possibility of such a conspiracy to evidence that it seems the government has such an effort by the Cuban regime took place is something that should be investigated.

I think it's pretty appalling that a foreign government would be engaged in trying to effect an election and or the position of a United States senator.

If that can happen, I think there's real consequences for our democracy, so I hope that the authorities will investigate and come to the bottom of who was engaged.

BASH: Is that what happened? You are somebody of Cuban descent. You've not ever made it a secret, your opposition to the Cuban government. You're about to become the chair of the foreign relations committee. You think that's what it was?

MENDENDEZ: For 22 years between the House and the Senate, I've had a firm position in opposition to the Cuban regime that violates the human rights, the democracy of the people of Cuba. I have been outspoken in that regard.

I wouldn't be surprised the regime would do anything it can to stop me from being in a position that ultimately would impede their hopes of being able to get a different relationship with the United States based upon their interests but not the interests of the Cuban people.

BASH: Now, you aren't at liberty to talk about the letter your lawyer wrote to the FBI, but you're in the proof business.

If you're probing anybody in a hearing, you would want information and proof. Do you have proof, some proof of this?

MENDENDEZ: Look, it seems to me that based upon what the "Post's" sources are, that it's the government that has the proof, and it seems to me that the government should ultimately internally review what it's sources are from whence it got this information and what have they done about it.

BASH: The government has, but do you all have as well?

MENDENDEZ: The government is the one in possession according to "The Post" article.

As far as I'm concerned, you know, it's the government that should produce the information that they supposedly have within their own agencies.

BASH: Let me play the devil's advocate here. That is, perhaps your legal team made this information public as a diversion, as a way to sort of muck up the federal investigation of you.

MENDENDEZ: Well, first of all, I think that you have to have I think a credible entity like "The Washington Post" would actually have to have their own sources and they would have to verify their sources so I think that's a pretty far-fetched idea.

(END VIDEO CLIP)

BASH: So Ashleigh, this may sound like the makings of a Tom Clancy novel, but there you have it, not downplaying, in fact, playing up, the idea that he believes that it is very credible that he was the subject of a conspiracy plot by the Cuban government.

BANFIELD: By the way, I always love hearing politicians saying -- giving credit to media outlets, very convenient when it works well for them, because, normally, we get slammed for what we find.

Stand by for a second if you will, Dana. You referenced Evan Perez's great reporting, and I want to bring him in on this.

Evan, what I'm finding a little tricky to sort out is this notion that Senator Menendez and his legal team is now asking the Department of Justice to investigate all of this, while at the same time, the FBI is investigating him.

And who's overseeing that investigation? The DOJ, the Department of Justice. How does one navigate this?

EVAN PEREZ, CNN JUSTICE REPORTER: That's the strange part of this. These prostitution allegations have kind of gone away. This is a year and a half ago, and these witnesses, these women, allegedly had recanted.

And, so, you know, it's strange for this to be brought up now by his own legal team, so one of the things this could very well be is basically a "hail Mary" for -- as a legal strategy because they know that this investigation is intensifying. It's looking at not only his relationship with a donor in Florida but also another donor who -- you know, these donors allegedly gave money to his campaign in 2012, and he allegedly made calls on their behalf to other parts of the U.S. government.

So that's what the FBI is looking at. We know that investigation is intensifying, and so the question now is whether or not these -- the senator can produce proof of what he says is going on here.

We'll wait and see what happens. As you can tell from what he told Dana, he's expecting the government to show its hand here.

BANFIELD: Well, maybe the FBI and the DOJ will be able to walk and chew gum at the same time. That remains to be seen.

It's always great to have you doing your fantastic reporting. Thank you, Evan Perez and Dana Bash, as always.

I don't know how you find them, but you always find them, and you catch them wherever they are. Great interview, thank you for that, Dana Bash's exclusive.

So there's this story that broke actually just downstairs from where I'm sitting and to the left of my front door, a bystander on a subway platform in New York city shocked to see that little sweetheart, an adorable baby girl, in a stroller, pushed out of a subway car, and left there while her mom just kept riding on.

Thankfully the little girl's OK. We're going to update you on that mom in a moment.

(COMMERCIAL BREAK)

BANFIELD: Proof positive right here that Cleveland rocks. Now we know where the Republicans are going to hold their 2016 convention. Yep, in Cleveland.

The Republican National Committee says its site selection committee has picked the blue and heavily Democratic state to host the next convention. The full membership is expected to ratify the recommendation next month in August.

It's not the first time Cleveland has hosted presidential conventions. It's happened twice before, in 1924 and 1936. Both of those were Republican as well.

The Democrats are planning to choose their site late this year or in early 2015, but it will not be in Cleveland.

So it is just amazing what horribly sad things can happen so close to your own front door. Right at the subway station next to the building I'm in right here in New York City, the Upper West Side, this beautiful chunky adorable little baby girl, 7-months old, was abandoned on the subway platform yesterday.

There's video showing the mother walking in with her in the stroller. There she is, in the white T, the umbrella stroller. She got on the train, and then when the train doors opened up at a stop, she pushed that stroller out on to the platform, and she herself did not get off the train.

Instead, she let the doors close, and she continued to ride on, leaving the little baby alone in New York City on a subway platform.

There was a witness who saw this happen and waited with the baby on the platform for the mother to return. Surely this had been a mistake, right? Surely, she'd gotten stuck and she'd be right back.

But after 20 minutes, it became pretty clear the mom wasn't coming back, and that witness called the police.

So the video of the mother exiting the subway station is a chilling image because now we know this is the picture taken after she pushed that child out of the train. It is one that a lot of New Yorkers are not going to be dealing with easily today.

Take a listen to this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: This is something, you know, really -- I feel so sad.

UNIDENTIFIED FEMALE: How can you do something to someone so innocent?

UNIDENTIFIED MALE: It's heartbreaking. It makes you want to hold your baby and make sure nothing like that happens, because I don't know why someone would do that.

BANFIELD: Boy, I'll say. I've got this news just in to us as well. We've now learned that that mother is 20-year-old Frankea Dabbs and she has been charged with abandonment of a child. That is a felony. She's also been charged with a misdemeanor of acting, quote, in a manner injurious to a child.

I want to bring back in CNN commentator and legal analyst Mel Robbins on this one. You know, sometimes I say in an instant when I hear this news that it's just a no brainer, it's just so open and shut. And so often, when you hear about these cases that involve moms, it's not quite that simple, is it?

MEL ROBBINS, CNN LEGAL ANALYST: Well, you know, Ashleigh, as I was sitting here listening to this and listening to everybody's reaction, I was thinking, my gosh, do I have, like, a cold heart? Because my reaction to this story was the opposite. It was -- well, thank god she didn't hurt the child. Thank god she had the presence of mind that if she can't take care of the child, that she is at least putting the child in a place where somebody is going to find her.

I mean, this is a crime. She could do jail time for this. There are other options like contacting an adoption agency or calling a woman's shelter. She is young, but I think what we're going to find out when we dig deeper is that there's something else going on with this mom and that she's not capable of taking care of this child. And based on all the other stories you and I have been talking about lately, with little Cooper dying in the car, and the mom who drove her kids in the minivan in the ocean, I at least look at this like what a happy ending. The child's safe.

BANFIELD: I know, I do hear that. But I hear something else oftentimes as well, especially with this case that you were just mentioning.

Let's pop that video back up. That was the video of Miss Wilkerson, Ebony Wilkerson when she drove that minivan with three of her children, she was pregnant herself, she just kept driving into the ocean waves. All those bystanders running in, grabbing children out the back hatchback, even though that vehicle was bobbing.

We all assumed right away that these would be, you know, attempted murder charges on this woman, that she would never see the light of day. And it turned out she was very, very troubled. Very, very sick. And her bail was actually reduced.

And that's why I bring that story up. I only ask because when you said there could be so much more to this, and about this woman's condition, this is a 7-month-old baby. And we know a lot more about postpartum and the imbalances that it can create in mothers than we ever did before. And prosecutors know that. They do have discretion here, don't they, Mel?

ROBBINS: Absolutely. And, look, the appropriate thing to do here is to charge her, is to arrest her, is to put the baby in protective care and, you know, then they're going to have to look at does she need services? Is this something where she's got a criminal record? What's going on in this woman's life that made her think she should just abandon this child because she didn't think she could take care of her anymore?

And they'll do something that is appropriate for this individual case. And, clearly, what's not appropriate is for this woman to be taking care of this baby at all, if she thinks that this is the right thing to do with her.

BANFIELD: And she sure isn't right now. That's for sure. Mel Robbins, good to see you. Thank you.

ROBBINS: Good to see you, Ashleigh.

BANFIELD: A lot of people talk about how great it is to get a Yankees ticket and to go to a Yankees game. So if you were able to get into the Yankees Stadium and watch a game, would you just take it as an opportunity to have a nap? Because one fan did exactly that. And now the fan, after having a nap, is angry at the people who were calling him out for it to the tune of $10 million. Seriously? Suing for $10 million? We'll have that in a moment.

(COMMERCIAL BREAK)

BANFIELD: The New York Yankees, ESPN and Major League Baseball are all today being sued by one of their fans for defamation. Take a look at the cover of "The Post." This guy, Andrew Rector, is having a nap during a Yankees game and it made the TV. And then because it made the TV, it made the internets. And then of course because it made the internets, he wasn't so happy about it. And then he decide to sue. And then of course "The New York Post" -- yes.

Apparently he didn't like what the ESPN announcers had to say about him.

(BEGIN VIDEO CLIP)

UNIDENTIFIED COMMENTATOR: Sometimes you have to turn it off and get some sleep. It's not the place you come to sleep. I'll tell you what, how comfortable is that? Probably won't have any neck problems tomorrow.

(LAUGHTER)

UNIDENTIFIED COMMENTATOR: I mean, is that guy to his left his buddy who's just letting him sleep? Or is he here alone? What's the deal with this guy?

UNIDENTIFIED COMMENTATOR: Maybe that's his buddy and he likes him a lot better when he's asleep.

(END VIDEO CLIP)

BANFIELD: I think it's pretty funny. Don't sue me. Come on, Andrew.

Here with me to talk about this, criminal and civil trial attorney Eric Guster and then our own senior legal analyst Jeffrey Toobin. P.S. Mr. Rector is asking for $10 million in damages. He says, as a car salesman, this is really hurt him in some way. I can't even do this with a straight face. It's just so adorable.

ERIC GUSTER, CRIMINAL AND CIVIL TRIAL ATTORNEY: And then we have the guy's picture behind us. And tou want us to have a serious story on this?

BANFIELD: I know.

GUSTER: This is the most frivolous case I've read in recent times.

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: The good news is Donald Trump now has competition as the most ridiculous New Yorker. Because I think -- I think Mr. Rector may take the crown away from the Donald.

BANFIELD: Isn't it -- I love the inalienable right to sue though. I mean, you sue a ham sandwich in this country and, you're right, it can be dismissed. But, ultimately, the concern of Mr. Rector was he didn't like all this infamy but you launch a $10 million suit, what are you going to get?

GUSTER: He went to a Yankees game and fell asleep.

BANFIELD: That's a crime. That's a crime! GUSTER: It is a shame.

TOOBIN: Although the season the Yankees are having, it is sort of understandable.

(LAUGHTER)

GUSTER: Instead of getting his lawyer to sue, he should have gotten his lawyer to say, you know, my guy was on national TV, let's find a mattress company to try to get him to be in a commercial or something else instead of let me sue these people for talking about me slumped over in my chair like -- I was --

BANFIELD: I want to tell you a few things that's going on here. Mr. Rector is claiming, among other things, that the announcers on ESPN used a, quote, "avalanche of disparaging words about him on this nationally televised game," that they made false statements, that Rector was made out to be a confused individual about the rivalry between the Red Sox and the Yankees, that he suffered substantial injury to his character and reputation, as well as mental anguish, loss of future income and loss of earning capacity.

Major League Baseball says no comment. But ESPN -- ESPN, god bless them, said this -- "The comments attributed to ESPN and announcers were clearly not said in our telecast. The claims presented here are wholly without merit."

Here's the thing, when this thing went viral, all those trolls out there who are probably now taking to the internet about me for calling them trolls, went bananas and called him unintelligent, fatty, those things. And he's written that in the lawsuit about them. You can't transfer that, can you?

TOOBIN: One lesson he should learn from this is you never read the comments on the internet. That is a lesson for all of us. Because otherwise you'll go crazy.

GUSTER: Right, because people sit behind their computers, they have this anonymity and they just talk about people horribly.

BANFIELD: Most importantly, not one of us sitting at this table or anybody out in TV land has a right to privacy when we go to a public event or a sidewalk, right? I mean, if you're photographed because you're out in public, them's the breaks.

GUSTER: And he's at a Yankees game with thousands of other people.

TOOBIN: There could be interesting arguments about how public are certain places, certain street corners or what not.

BANFIELD: But Yankee Stadium?

TOOBIN: But a Yankee game? My goodness. And everybody knows they take pictures of fans all the time. Usually attractive women, which I think --

(CROSSTALK)

BANFIELD: Well, that there is one attractive man. I'm here to say it, folks. There's an attractive man, a snore loser, as "The New York Post" calls him. Eric Guster, Jeffrey Toobin, thank you both.

GUSTER: Thank you.

BANFIELD: Nice to see you. Stay awake on my show. Stay awake.

TOOBIN: Always.

BANFIELD: OK, so you -- if a burglar broke into your home, what do you think the first thing you would do is? Would you run and hide? Would you grab your Colt? Now, this 83-year-old woman fought back and you have got to hear what she chose as a weapon and how she fought the guy off.

(COMMERCIAL BREAK)

BANFIELD: A would-be robber in Houston learned not to mess with old ladies because they can be feisty and resourceful, using just about anything, including hot water, to defend themselves. 83-year-old Lillie McClendon said she'd just come out of the shower and put a load of laundry in on Sunday when she noticed the window open wide and some things out of place. Suddenly, an intruder is choking he her and demanding where do you keep your money? And that's when she kicked into action and fought back.

(BEGIN VIDEO CLIP)

LILLIE MCCLENDON, FOUGHT OFF BURGLAR: Oh, shoot, I got that stick, tried to hit him. I had some sausage on the stove. I poured that water on him. I told him, I said, what kind of mama you got, raised you up like this? You ought to be ashamed of yourself.

(END VIDEO CLIP)

BANFIELD: Yes, he ought to be ashamed of himself. He's probably a little burned too from that hot water on the stove.

Sadly, that intruder did get away. Didn't get any money, though. And McClendon's OK; she just got a couple scrapes. One word for that guy -- coward.

Thank you for watching, everybody. It's been nice to have you with us. Please stay tuned now, because "WOLF" starts right now.