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LEGAL VIEW WITH ASHLEIGH BANFIELD

Terrorism Suspects Arrested In Brooklyn; State of Georgia To Execute A Woman For First Time In Seven Decades

Aired February 25, 2015 - 12:30   ET

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


ASHLEIGH BANFIELD, CNN ANCHOR: Look, it's a needle in a haystack, but there's some awesome strategy that could be at play.

EVAN PEREZ, CNN JUSTICE CORRESPONDENT: Right.

BANFIELD: I'm not going to suggest for a minute that we, the media, are privy to it. But do you suspect it all that some of the arrests may be the lower level fellas who, when squeezed and told what's going to happen to them for material support for terrorists, will open the floodgates to above them who are far bigger players?

PEREZ: Well, that's the strategy. And when this arrest was made overnight, we know that that one of the first things the FBI did was try to talk to them and see if they could rollover and bring other people down. And the reason why this case is now public has been unsealed this morning, is because either they don't have anybody else that they can get to or they believe that they know enough about whatever other people they were in touched with.

And so, we expect perhaps that the FBI is doing some more work on this case. And again, this is, you know, brand new stuff here, you know, in these types of cases to see something more of an organized network which we've not seen in these cases before. And especially because, you know, the worries on part of this, is that, you know, they were talking not only about going overseas but if they couldn't they would carry out something here which has been a big fear.

BANFIELD: Pamela Brown, I want to jump back to you if I can in Washington D.C. I know you just have failings of contacts with the FBI. And my suggestion is, is that you're hearing something about this from one or more of your contact.

PAMELA BROWN, CNN JUSTICE CORRESPONDENT: Well, what we've heard and we've heard this not just today but previously, Ashleigh, that there are people within the U.S. conspiring together in communication with ISIS. So, what we're seeing here today in this complaint is reflective of what we've been hearing from our law enforcement sources and officials that there are people in states across the U.S. And we heard James Comey say this as well, that are talking with ISIS that want to join ISIS and not just individuals but groups of people.

As Evan pointed out, this is really unique because there haven't been a lot of these cases where we've seen groups of people prosecuted for conspiring and wanting to join ISIS and the other cases it's been usually one individual for the most part. But I think this is, is going to be something that we've seen more in the future knowing what we've learned from sources that this does exist, these cells, these groups of people working together talking and communicating with ISIS.

BANFIELD: OK. Pamela Brown, standby if you will for a moment just if you're joining us. The big headline here and the breaking news is that the Department of Justice has unsealed documents in Brooklyn, New York that shows three men have been arrested and they will be charged with providing material support for terrorist. They're facing these charges at the U.S. attorney's office in Brooklyn.

And you will probably know that the U.S. attorney named Loretta Lynch of the eastern district of New York is up for the big AG job of the United States when Eric Holder retires and steps down from his office. This is her spearheaded work, three guys, one of them at least actually trying to board an airplane at JFK International Airport in New York City, bound for Turkey but ultimately with the destination Syria.

Friends, he calls friends in ISIS. We're going to give a whole lot more details just as soon as they become available to us right after the break. Who are these three and just what are they facing for what they may have done.

(COMMERCIAL BREAK)

BANFIELD: Welcome back. And our breaking news here on Legal View, is three major arrests in Brooklyn, New York. They are not run (inaudible) by any stretch instead these are three men who are being charged or at least facing charges by the feds of providing material support for terrorism. They are 24 years old, 19 years old and 30 years old. All three of them with some extraordinarily serious allegations at least one of them caught while trying to board an aircraft at JFK International Airport here in New York, bound for Istanbul, Turkey and ultimately the destination Syria to the south to ISIS fighters to whom the allegation is he was pledging his allegiance and his material support.

Another one pledging to set up a network and operating a network here in the United States to support those who wanted to do the very same thing. Remarkably, on the very same day, the FBI director James Comey made some comments this morning about homegrown terrorism. Specifically, just how many investigations are actually out there and here is the hint, every single state. Have a listen.

(BEGIN VIDEO CLIP)

JAMES COMEY, FBI DIRECTOR: Those people exist in every state. And I have homegrown violent, extremist investigations in every single state. Right, until a few weeks ago, there was 49 states. Alaska had none. In fact couldn't quite figure out. And Alaska has now joined the group. So, we have investigations of people in various stages radicalizing in all 50 states.

(END VIDEO CLIP)

BANFIELD: Evan Perez is our justice correspondent, he joins me live here. You've been working the phones since last night on this very story. And now it breaks. My question for you Evan, is what exactly are the specifics, you know, contained within this complaint. It's about 30 -- 23 pages I haven't been able to read through yet. But you know there's some serious probable cause and beyond in it.

PEREZ: Right. And right now, what they're charged with is a material support of terrorism which is the standard charge that you bring against people who are trying to join travel overseas to...

BANFIELD: What do you mean what else other than the travel?

PEREZ: Well, beyond the travels they were planning to travel to Turkey and then eventually to Syria. They also, if they were boarded (ph) and trying to get over there, they are planning to carry out attacks in this country which is something quite different from what we've seen in these cases, you know? And that's what makes this case particularly worrisome.

They talked about using guns to attack police. They also talked about -- one of these guys talked about if he couldn't get anything done, he would go to the FBI and kill FBI agents in Washington. So, that is what these guys were planning if they couldn't get all the way to Syria.

BANFIELD: I want to bring in Bobby Ghosh, our CNN Global Affairs Analyst. And Bobby, one of the things that struck me as I've been reading through it is that an allegation here, and this is directly from the press release of the Department of Justice, is that one of these defendants allegedly provided financial assistance and encouragement and operated a domestic network of individuals, plural, willing to support ISIL's cause.

We have three arrests but two other people doesn't necessarily a network make. Does that suggest they know, they know plenty well there are plenty of others?

BOBBY GHOSH, CNN GLOBAL AFFAIRS ANALYST: Yes, you take that in conjunction with what the FBI director said. It suggested yes, they are very aware of a network, perhaps multiple networks, across the country, and we shouldn't be so surprised. We've seen similar things take place in Europe where the police is--or the security services in some countries far more intrusive than in this country. If these things can happen in Europe under the noses of those security agencies, we should not be surprised that that's happening here in this country.

PEREZ: Ashleigh, one quick thing on this, from reading the complaint. What's interesting here is that the FBI got their eyes on at least two of these guys beginning last summer. The national security division of the justice department has been working this case as well. And it looks like what happened is they introduced -- according to the complaint, they introduced confidential informant, somebody undercover working for the government, who then was able to draw out what the plans that these guys were making.

And if you read what the -- according to this, one of these guys was already also noticed by his own parents. She -- the mother of one of the suspects here, who's been arrested, she took his passport away to try to prevent him from going to Syria. So he talked about telling his mother that he was going to Uzbekistan to visit family, and in that way make his way to Syria.

So that's -- you know, there's a lot of angles to this that, you know, the family members were working on, and then obviously the FBI was also aware of.

BANFIELD: So I just want to read a quick statement from the FBI Assistant Director in Charge, Diego Rodriguez. And I'm just going to read it verbatim if you bear with me. "The defendants look to join the Islamic State of Iraq and the Levant which is why you hear ISIL instead of ISIS, by flying to Turkey in a vain attempt to evade detection. And several of the defendants plan to commit act of terror here in America if they could not travel to include killing FBI agents."

"The defendants violated the true tenants of their faith in pursuit of their radical, violent agenda. And here's where it gets interesting, you've heard this line before, "If you see something, say something." We'll here it is, directly from the mouth of the DOJ, "We rely on help from the community, the public and religious leaders to be mindful of those who could be radicalized. We cannot do this alone."

Evan, does this speak to what you just said and that's is -- yeah, we got three arrest then we're making this announcement. We then feel the actual complaint, so that we can broadcast it but we need you to give us the extra pieces that are missing for the other guy.

PEREZ: Right. And that's what the FBI director was talking about his speech today that you just played a little part of. He was speaking to a group of attorneys general from around the country. And what the FBI is facing is, you know, they can monitor -- in this case, they were monitoring websites where people are propagating ISIS' ideology and propaganda, so they're doing that.

There are also, you know, sending informants out to try to fair it out these guys. They're not going to get everybody, and that's what they know. And so, they're hoping that, perhaps, local enforcement, family members can, you know, alert them when they see something.

BANFIELD: Well, I can just say this. When you have someone as young as 19 who's one of those -- who's now allegedly involved in all of this, and you bring a kid like that into a very scary office and you say, "You maybe 34 years old before you see the light of day again, start talking." It is very, very persuasive.

Evan, I'm going to let you continue to work the phones on this. But again, our top story, if you're just joining us, three young men, 24, 19, and 30 arrested. And the suggestion is that they were trying to support the terror network ISIS, whether up here in the United States or actually by flying over abroad via Turkey to join them in Syria. A very charges and a lot more to come out, we're just beginning to get through the complaint. Coming up next, however, she was not even the killer and she might have been eligible to seek parole in eight years if she'd only taken a plea deal, but she did not. So instead, that woman on your screen is on a countdown to her own death, a scheduled execution just hours from now, and the first in the State of Georgia in 70 years. What did she do? We're going to find out in a moment.

(COMMERCIAL BREAK)

BANFIELD: In a little over six hours from now, the State of Georgia has a big plan, it is such to do something that it has not done in seven decades, execute a lady.

This is the woman we're talking about, Kelly Renee Gissendaner. Sorry, if I'm not pronouncing it properly. But she's been sitting on death row quietly for a long time. She was condemned for getting her boyfriend to murder her husband in suburban Atlanta back in 1997. Now, the boyfriend, he's not getting the same treatment because he took a plea deal. And he could serve as little as 25 years before he's eligible for parole.

Gissendaner, on the other hand, didn't do that. She refused the deal and now she's exhausted in every single one of her appeal in state, in federal courts. And just this morning, she was turned down for clemency by the state parole board.

For her last meal, did you know they all get them? She's made a pretty interesting request two whoppers, I'm assuming from Burger King, two large fries, also some popcorn, cornbread, salad of butter milk dressing and a cherry vanilla ice cream for dessert. I do believe there is a budget, so who knows if she'll get all that she's asked for. But there way bigger issues at hand.

Paul Callan and Joe Johns are back with me now. We're always surprised when it's a lady on death row. And we are way more surprise when a lady actually walks a dead man walking hallway.

Fifteen women have been executed in the United States since 1977. Why is it that there is such a disproportionate number of women to men? Is it the crimes or is it -- it's ugly. We just don't want to do that if we're jurors condemned this lady to death.

PAUL CALLAN, CNN LEGAL ANALYST: Women are less violent than man. They don't commit the level of violent offenses that man do. So they, you know, you're dealing with a much smaller pool. And I think also juries are much less likely to give the death penalty to a woman than to a man. So I just think it's far as of human nature.

BANFIELD: Does that extend all the way to that midnight phone call. It's not midnight (inaudible) in this respect. She's sentenced or she scheduled I think for 7:00 p.m., six hours and 10 minutes on my clock.

CALLAN: Yes.

BANFIELD: Is it possible that last minute clemency call might actually happen by -- say the governor because she's a woman? JOEY JACKSON, CNN LEGAL ANALYST: Well, we'll see whether the government persuaded by that. What's interesting to me, Ashleigh, is this -- this comes on the hills of another case, right? That they're dealing with an Arizona. Jodi Arias says, actually, they jury is out on whether they'll sentence her to death.

And what I'd like to see just in terms of evaluating the state and how the death penalty is applied with women. Jodi Arias actually did the stabbing of the victim, Travis Alexander. In this instance, she didn't engage in the actual act to the murder. She was involved in the conspiracy, right?

BANFIELD: Yes.

JACKSON: Involving the killing of her husband with the person who took the plea deal. So, even though she didn't engage in the actual active murder itself, you know what? She's getting the death penalty. We'll see whether Jodi Arias actually get to that county...

BANFIELD: And I think a lot of people would be really disturbed by the idea that some guy actually took the knife to her husband, while she drove up later, and didn't have that hand-to-hand combat.

CALLAN: Well, let's...

JACKSON: Right.

CALLAN: ... the facts of the case basically are that she and the boyfriend planed to kill the husband. And on the day where he had apparently been to church and was doing other -- rather nice things. The boyfriend with the knife that she supplied and a night stick that she supplied...

BANFIELD: Hand some kerosine to burn the evidence.

CALLAN: ... beat -- yes, well...

JACKSON: Right.

CALLAN: ... beat him, beat him and stab him in the neck 8 to 10 times, took him out into a remote area. She pulled up in the car, check to make sure he was dead, and then they went off. Now, that's called an acting in concert murder and both parties get treated the same way.

BANFIELD: It's perfect (inaudible), right?

JACKSON: It is.

BANFIELD: OK.

JACKSON: But the point is it's interesting that dichotomy one actually engaged in the act itself but our law I think the issue is treat both the same for purposes of punishment.

BANFIELD: And if you don't think they were treated the same because she's about to die and not another guy cooling his heels in the cell. She's the dumb-dumb.

JACKSON: Yes.

BANFIELD: She didn't take the plea.

CALLAN: And he did. Yes.

BANFIELD: And he did.

JACKSON: That's right.

BANFIELD: Right?

JACKSON: Hindsight is always -- is always 20-20. And Paul, I'm sure you can tell stories and I can tell stories. You meet with the client and there's a great deal on the table. They don't take it. They roll the dice and things turn out far differently.

BANFIELD: So let me ask you this. We always say this that the death penalty is reserved or should be for the worst of the worst of the worst of the worst? But she's not the worst. There are plenty of cases that are far worst where -- by the way, the American Sniper case. Eddie Ray Route, they didn't even ask for the death penalty (inaudible). He took those two bullets straight to those people's back.

CALLAN: Well, more than -- I think there were 13 bullets actually in American Sniper. But the difference I think was in American Sniper he was clearly mentally ill to some degree, maybe not legally insane.

BANFIELD: And she was clearly not the person who did the killing.

CALLAN: Well, but...

BANFIELD: There's a (inaudible) both of you.

CALLAN: But there's not an issue. This is a cold blooded planned killing for money. It's like hiring a hitman and the law has always taking a more jaded view of that kind of killing and something that's done in the heat of emotion or action.

JACKSON: Well, as it relates, so we should point out as it relates to mental illness the death penalty can't be applied and that's a big point, a big extension (ph).

BANFIELD: Well (inaudible) IQ lower than 70 though. I think they probably wouldn't had an easy time with him and they would suggested that he wasn't as mentally ill as you need to be, to be executed.

CALLAN: This isn't over yet, Ashleigh, you know.

JACKSON: 32 states have the death penalty, 18 don't, and we'll see moving forward whether there's any switch.

BANFIELD: We got another show.

CALLAN: Supreme Court can intervene, the Feds could intervene. There are number of possibilities.

BANFIELD: We need a whole show on just that topic.

CALLAN: OK.

BANFIELD: I'm going to take a quick break.

JACKSON: You should have one.

BANFIELD: Joey and Paul, and we will, without question we will. Quick break back right after this.

(COMMERCIAL BREAK)

BANFIELD: This just (inaudible) update to a story I just finished about the woman scheduled to die at 7:00 p.m. tonight in Georgia, now she's not.

All of a sudden just got a statement from the Georgia Department of Corrections announcing that the scheduled court ordered execution of Kelly Renee Gissendaner is postponed and rescheduled for Monday, 7:00 p.m. again. So she's got a few more days at least. No reason given to us for that news.

Other news, the driver who left his truck in the path of oncoming commuter train in Oxford, California arrested on a felony hit-and-run charge too. Jose Alejandro Sanchez-Ramirez is in the Ventura County Jail. He allegedly miss took the train tracks for a road way and then tried to turn on them getting stuck.

Police say he fled the scene and was found more than a mile away disoriented. 30 people were injured including 4 people who are in critical condition because of the crash.

Four students from Wesleyan University have been arrested in connection with a drug overdose over the weekend. Ten students and 2 visitors were hospitalized, one, because of complications from using the drug "Molly" and one because of alcohol. Four students are scheduled to appear in court next week on drug possession charges.

Some incredible dash cam video about house explosion in Stafford Township, New Jersey. Wow. Authorities have evacuated several homes in the area after their -- were some complaints about a smell, a gas order yesterday morning. Well, natural gas workers were called in the scene and that's when bam, house just blew up.

Fifteen people ended up injured from this and among them six fire fighters and seven gas company employees.

Along stretch of I-95 had to be shut down earlier today, and yes, it is all about the weather again. Massive pile up near snowy and icy Newport, Maine, cars and trucks and at least one school but, about 40 vehicles in all involved in this mess. No one was killed, thank goodness. But 14 people were hurt.

And elsewhere, there are millions of people right now who are waiting for snow. It is a line of snow and (inaudible) and freezing rain stretching from Texas down to the Carolinas. In Atlanta, no school. No school today and non-essential workers are staying home because of that coming storm. May not be a big deal for those of you in colder parts of the country but officials in the Deep South having nice memory that they don't want repeated. And actually it's nice memory of an ugly scene. Snow armageddon (ph) that disaster from one year ago.

Thanks everyone for watching. It's been nice to have you with us. We'd last the breaking news that my colleague Wolf Blitzer and his team are pulling together for you. He's going to pick over the torch right now.