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THE LEAD WITH JAKE TAPPER

Rolling Stone Backs Off UVA Rape Story; Gas Could Drop Below $2 A Gallon; Mark Wahlberg Seeks Pardon

Aired December 5, 2014 - 16:30   ET

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


ERICA GARNER, ERIC GARNER'S DAUGHTER: A quote today that something said about the cops go through training, go through the manuals or whatever, be trained, and about six days of being on the job, the veteran cops are like, forget what you learned, follow me, I'll teach you the ropes.

BENJAMIN LAWTON, ERIC GARNER'S COUSIN: And they're teaching them that they can get away with --

GARNER: This is what you can do to get away with it. This is how you --

LAWTON: It's not a black and white thing. It's about you being a cop and we're not. And that you know that if it's a black person, it's going to be less scrutinized.

GARNER: Because it's more racist people in this world. It's not just cops that's racist, it's not just -- it's people that grew up in New York their whole life, around black people their whole life and still are racist. And I don't understand it, 2014?

JAKE TAPPER, CNN HOST: Yes.

GARNER: You go to school with mixed color people.

LAWTON: Yes.

GARNER: Why are you being so racist and hate? There's so much hate. So much hate for the black people and their skin. Black is beautiful. Black is beautiful.

TAPPER: We have to say good-bye right now because we've run out of time. We've actually extended this interview because we wanted to keep talking to you. But first of all our deepest condolences and our blessings, thoughts and prayers to your family --

GARNER: Thank you.

TAPPER: Hope to have you on again and I hope that the protesters listen to you and I hope that everything stays peaceful --

LAWTON: Yes, that's what we want to stress. We want to stress the fact that --

GARNER: I'm going to be out there later on tonight. TAPPER: Erica and Benjamin, thank you so much for being here.

LAWTON: Thanks for having us.

TAPPER: The other big news this hour, an explosive story of an alleged campus gang rape that was so horrific, so detailed the University of Virginia president immediately suspended all fraternities for the rest of the year.

But now "Rolling Stone" magazine is apologizing saying that the alleged rape survivor's story doesn't add up. How could the magazine get it so wrong and what happens next? That's coming up.

(COMMERCIAL BREAK)

TAPPER: Welcome back to THE LEAD. I'm Jake Tapper. Breaking news in national headlines today, "Rolling Stone" magazine is apologizing for its jaw-dropping report about campus rape at the University of Virginia.

It's a report that prompted the school's president to temporarily suspend all fraternity activity. It also triggered police investigations. The story profiled a student called -- by the pseudonym "Jackie" who detailed a horrific account of being gang-raped at a UVA fraternity house.

Media critics questioned the story. Just hours ago, the editors of the magazine released this statement saying in part, in the face of new information, there now appear to be discrepancies in Jackie's account and we have come to the conclusion that our trust in her was misplaced," unquote.

The magazine also admitted that it have agreed not contact the young men allegedly involved in the gang rape because Jackie asked them not to contact them.

Michael Moynahan is a columnist for the "Daily Beast." He is one of many who questioned the reporting in the "Rolling Stone" article. But I also have with me, CNN investigations correspondent, Sara Ganim, who just got back from UVA. Sara, what are you learning?

SARA GANIM, CNN INVESTIGATIONS CORRESPONDENT: Jake, as you mentioned, just a little while ago "Rolling Stone" released a statement and it does appear that they no longer standby this explosive report that detailed, quite frankly, a horrific gang rape at the University of Virginia.

Now it appears they no longer stand by it. Now Jake, the reporting in that story has come into question in the last couple of days as it became clear that "Rolling Stone" never reached out to the seven men that were accused of raping this girl or participating in this gang rape, of a girl named Jackie.

Now, "Rolling Stone" in their statement that they released today specifically addressed that decision. And I want to read to you what they said about that decision. They said this.

"We were trying to be sensitive to the unfair shame and humiliation many women feel after a sexual assault and now regret the decision not to contact the alleged assaulters to get their account. We are taking this seriously and apologize to anyone who was affected by this story."

Jake, you know those most affected here were the fraternity. I spoke to the lawyer a little while ago. He said the frat house involved has undergone damage in the last few weeks. They've had to hire security and put cameras in to the tune of $20,000.

TAPPER: Michael, I want to ask you, we were just told by "Rolling Stone" that the reporter in question is not going to be fired from the magazine. What, first, made you skeptical of the story?

MICHAEL MOYNIHAN, COLUMNIST, "THE DAILY BEAST": Well, you know, there are a dozen red flags when I first read the story. I got to the story a little late. A few people had read the story and raised red flags. The first thing I realized is that it's a single source story.

You know, I mean, there are other people that talk in the story but Jackie's account is the only one. There are a number of things you see in the story. An example, recently she claims to have been hit in the face with a bottle, gave her a black eye.

It was in public, there's no one else to corroborate that. There is no sort of medical evidence. There is no police report. And so, you know, it doesn't mean that something this horrific couldn't happen. Of course, it can happen.

But there was a mounting sense that I got when reading it that with just one source, you really, as journalists, we have to check this stuff out. As we heard, it affects the fraternity. It affects policy that is being made. And a lot of people's lives will be affected by this, by these claims.

TAPPER: Right, but Michael, if I can play devil's advocate for a second here, the lawyer's statement, the lawyer who represents the fraternity, his statement is very specific, he denies sexual assault as part of the initiation.

He doesn't deny that there was ever a sexual assault in the last few years in the fraternity. He says that the person in question -- the individual that belonged to this club or worked at this club was not a member of the fraternity.

But he doesn't say no members of the fraternity raped anybody in the previous two years. Am I reading too much into how specific he is in his denials?

MOYNIHAN: You might be. I mean, I think that what he's doing is responding specifically to this allegation and the allegation that is -- people have said to me a number of times, something could have happened -- this is absolutely true, something could have.

And it could have been inflated quite a bit. But, you know, what we're responding to is a very, very specific allegation in "Rolling Stone." I have to say, what their lawyer is saying, that there was no party the night she said there was a party, the person that it seems to be that she's naming -- we don't know who the person is really.

It's not even clear if the "Rolling Stone" journalist knew, that person was a member of a different fraternity. In this story, everyone is being evasive. The magazine has been evasive. They seem to be essentially blaming the victim herself for sort of creating something bigger than it was.

But they should also be blaming themselves, their editors and blaming the journalist for not doing due diligence.

TAPPER: Sara, this is more than a journalistic mess because the problem of campus rape is a very, very serious one. You have talked to a number of rape survivors when you were visiting UVA. What's their reaction?

GANIM: Yes, you know, Jake, there's really two separate stories here because the allegations -- actually, the rebuttal from the lawyer were very specific. Things like, there's no staircase, that there were no nicknames, that pledges weren't there that time of year.

Those are very specific to Jackie's story and that's fine. But there's another thing here. That's that the University of Virginia has never expelled a student for sexual assault, even when that student admitted to it. And that's a whole separate issue.

Whether or not Jackie's story is true, that's something that needs to be addressed. And I think that that's something that could easily get lost here. I hope that it doesn't delegitimize every other survivor's story on that campus.

TAPPER: We hope so as well. Michael Moynihan, Sara Ganim, thank you both.

When we come back, gas prices continuing to fall, at least one part of the country is paying less than $2 a gallon. We'll tell you where next.

Plus before he was an Oscar-nominated Hollywood actor, he was a Boston teenager with a criminal record. Now Mark Wahlberg is asking for a pardon from the governor.

(COMMERCIAL BREAK)

TAPPER: Welcome back to THE LEAD. I'm Jake Tapper. The Money Lead now, a hiring surge that crushed expectations. Today we learned 2014 is now the strongest year for job growth in the U.S. since 1999. The country added 321,000 jobs last month, according to the Bureau of Labor statistics.

That's well beyond what economists predicted. The unemployment rate is still at 5.8 percent compared that to 7 percent this time last year. If the jobs news is good, well, the price of gas should make you overjoyed.

You could soon pay less than $2 a gallon. Right now, the national average is $2.71 a gallon, down a quarter in the last month. Let's bring in CNN Money correspondent, Cristina Alesci.

Cristina, some drivers already cashing in on this $2 deal.

CRISTINA ALESCI, CNN MONEY CORRESPONDENT: That's right. We found three gas stations in Oklahoma that have gas below $2 a gallon. And just today, we found one in Texas that also has gas at $1.99. You talk about a statewide average, Missouri, actually has the lowest price per state.

But there are still states that have pretty high gas prices, like New York, Connecticut and California. These prices, of course, are dictated in part by the proximity to refiners as well as state taxes. So there is a little bit of variation there.

Also keep in mind, AAA is saying that oil would have to drop another $25 to $30 a barrel for the national average to dip below $2. So we still have a ways to go there -- Jake.

TAPPER: Cristina, what's driving down these prices?

ALESCI: Well, at the end of the day, it's still global demand that's pretty weak. We have a recovery here in the United States. But if you look across the world at other countries, there's still a lot of struggle there economically. That's depressing demand.

And then we have a supply glut on our hands. Producers keep pumping oil out of the ground and refineries keep turning oil into gasoline. If you look at refinery capacity here, we're pretty high. When you look week over week, capacity still keeps going up. Refiners are still pumping out gasoline.

TAPPER: All right, Cristina Alesci, thank you so much. Have a great weekend.

Coming up next, he's a famous actor now, but as a teenager he spent some time in jail for assaulting two men, leaving one of them blinded in one eye. Now Mark Wahlberg wants to be pardoned? Why does he care so much about something that happened so long ago?

(COMMERCIAL BREAK)

TAPPER: Welcome back to THE LEAD. The Pop Lead, before he played cops and robbers in the movies -- Mark Wahlberg was a criminal in real life. In 1988 when he was 16 years old, he assaulted two men while high on drugs and alcohol.

ABC News reports he beat one of them so badly the victim was left blinded in one eye. According to his sentencing memoranda, Wahlberg also made racial slurs during and after the attack against the Vietnamese-American man.

After pleading guilty, Wahlberg served 45 days for the crime. Now he's 43, a successful actor, media mogul and father of four, he says he's a different man. He's asking for an official pardon for his past crimes.

Submitting a formal application to the Commonwealth of Massachusetts that reads in part, "I am deeply sorry for the actions that I took on the night of April 8th, 1988, as well as for any lasting damage I may have caused the victim since that time.

I have dedicated myself to becoming a better person and citizen so that I can be a role model to my children and others." Now there is some important context. Wahlberg's criminal record can stand in the way of his getting the proper licensing as he and his brother try to grow their restaurant business.

Wahlbergers, the company, is announcing yesterday that it plans to open 27 new restaurants. Joining me now is editor-in-chief and CEO of thewrap.com, Sharon Waxman.

Sharon, thanks for joining us. First off, how much of this is because he doesn't want this on his record and how much of this is because he wants to grow this restaurant chain?

SHARON WAXMAN, EDITOR-IN-CHIEF, THEWRAP.COM: Well, I haven't talked to Mark to ask him what the calculation there is. But it's going to be a combination of both things. Mark Wahlberg is really not the person who he was at 16 years old.

And that has been a stain on his history for a long time. And so the idea that he would come forward and remind everybody that he does have this criminal past and want to use that as a tool to help convince other people about how they can change their lives.

I think is an admirable thing, I really have to say, and pretty rare, because there's lots of people with former thug lives in their backgrounds who are working in entertainment as you well know.

If it happens to be something that he got motivated to do because he wants to expand his business, I don't think that should diminish what he's doing. Diminish our regard for what he's doing.

TAPPER: What do people make of him in Hollywood? Do you think this criminal path from his youth has ever at all been an issue for him professionally?

WAXMAN: I don't. Funny enough, I don't. He's been a movie star for a long time. But Mark Wahlberg has had quite an amazing career. He's somebody who's built himself into a real entrepreneur. He's a major producer of shows like "Boardwalk Empire."

He's still an actor, movie producer, he has a reality show and now he has this restaurant chain he's building with his brother. So he has quite remarkable journey as a businessperson and not only as a movie star, especially considering we got to know him for modeling boxers.

TAPPER: Right. That might have meant more to you than it did to me, but I take your point.

WAXMAN: Probably did.

TAPPER: He says he hopes by being pardoned, other troubled young people will feel like they can turn their lives around and be accepted back into society. And I certainly understand that message there about people growing to become philanthropists, growing to become businesspeople, getting beyond that.

But is it also possible that it's a message about getting past ugliness that you've done when you become rich and famous and powerful enough to do so?

WAXMAN: Look, he has a rate stain on his past. I don't know if it's so much about his criminal record. But every time somebody writes about Mark Wahlberg, this piece of information comes back. I have to admit, even myself, I know Mark. I've met him many times.

I've worked with him on editorial pieces that we've done about him and his movies and his business. And it is something that sticks in the back of your mind because this attack when he was 16 years old on this guy, he lost his eye.

It's something that you can't help, but be aware of it. I think what he's saying is formally announcing, I'm not that person and I reject that person that I was. And the thing is also, he also plays military heroes, he plays very heroic characters in his movies.

So there's something that's a little bit at odds with that background. And I think that that kind of squares him with the person that he wants to be perceived as, as somebody who's actually made a formal break with that past.

TAPPER: All right, Sharon Waxman, thank you so much. Really appreciate it. Have a great weekend. We're just days away from CNN's Heroes, An All-Star Tribute on Sunday at 8:00 p.m. CNN is honoring the top ten CNN Heroes of 2014. The top hero is chosen by CNN's audience in an online vote. It's a star-studded event hosted by CNN's Anderson Cooper. Here's a preview.

(BEGIN VIDEOTAPE)

ANNOUNCER: You have the power to do anything, to make a difference, inspire and change the world.

UNIDENTIFIED MALE: I want to actually still do something for Afghanistan. I want to help the people and the dogs.

UNIDENTIFIED MALE: We're giving them the best present in order to make a better future.

UNIDENTIFIED MALE: I'm here to honor real heroes.

UNIDENTIFIED FEMALE: It's going to be a great evening.

ANDERSON COOPER, CNN ANCHOR: Welcome to CNN Heroes, an All-Star Tribute.

UNIDENTIFIED FEMALE: It is my honor to hug the weightlifter with the biggest heart ever.

UNIDENTIFIED MALE: Never worry about what you can't do never, ever quit.

UNIDENTIFIED MALE: It's incredibly humbling to be recognize as a CNN Hero.

UNIDENTIFIED FEMALE: This has been an amazing time.

UNIDENTIFIED MALE: You're killing me CNN, got me sobbing on --

ANNOUNCER: See the stars come out to honor the top ten CNN heroes of 2014. CNN Heroes, An All-Star Tribute. Sunday on CNN.

(END VIDEOTAPE)

TAPPER: That's it for THE LEAD. I'm Jake Tapper. I turn you now over to Wolf Blitzer in "THE SITUATION ROOM." Have a great weekend.