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Clinton's E-mail Divides Public; E-mails and Presidential Bid; Starbucks Conversation Starter; Are Durst's Own Words Enough to Convict Him?; Star Rookie Retires from NFL. Aired 9:30-10a ET

Aired March 17, 2015 - 09:30   ET

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


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<09:33:34> RANDI KAYE, CNN ANCHOR: As Hillary Clinton faces two congressional investigations into her use of personal e-mail while secretary of state, potential 2016 voters are now voicing their opinion on this controversy. A new CNN/ORC poll shows that 51 percent feel Clinton's use of personal e-mail is a serious problem. It also shows a dip in views of her honesty and trustworthiness. Fifty percent saying those terms apply to her, that's down from 56 percent just a year ago.

Here to discuss, Jennifer Agiesta, director of polling and election analytics for CNN.

So, Jennifer, most Americans say that the e-mail use is a problem, but the sentiment changes, though, when they are asked if it is actually relevant to her ability to be president. Tell us more about that.

JENNIFER AGIESTA, CNN DIRECTOR OF POLLING AND ANALYTICS: Yes, you have 52 percent of Americans saying that it's really not relevant to her character or ability to serve as president, how she's handling this e- mail crisis, you do have sort of the typical partisan divide that you see on a lot of questions about Hillary Clinton with Republicans more likely to see it as relevant and Democrats more likely to say it's not. But Independents are really kind of divided on this question.

KAYE: And what else does the poll show?

AGIESTA: The poll also shows that at the same time 57 percent of Americans say that they're someone -- that Hillary Clinton is someone that they're proud -- they would be proud to have as their president. And that's a -- an increase from last March when 50 percent said that. That figure includes sort of broad support from independents, 58 percent of whom say that she -- she's someone they'd be proud to have as president. You also have 58 percent saying that Clinton is someone who says what she believes and not what the voters -- what she thinks the voters want to hear. And that kind of is a contrast with that honest and trustworthy figure.

<09:35:19>KAYE: Yes, it certainly is. All right, Jennifer, nice to see you. Thank you very much.

I want to bring in David Gergen. He's a CNN senior political analyst and former presidential adviser during four administrations, including that of Bill Clinton.

David, good to see you.

So, Americans may not agree --

DAVID GERGEN, CNN SENIOR POLITICAL ANALYST: Good to see you, Randi.

Yes.

KAYE: Americans may not agree with Hillary's personal e-mail use but they don't think that it's actually relevant to her character or her ability to be president. So will this even be an issue, do you think, if she does decide to run?

GERGEN: I think that the issue of the e-mails itself, you know, that's going to diminish over time. The real question is the narrative that builds up. If -- if there are a series of incidents that deepen a sense that as accomplished as she is she's also not authentic or she's not believable, that can be very corrosive. And, you know, what we're seeing, Randi, is, because she doesn't have an opponent, in effect, within the Democratic Party, the media is being a stand in for opponent. And the media is treating her, I think, more roughly than one would have assumed.

It's interesting that today, with the -- with the story about the e- mails, you know, diminishing, here comes "USA Today" with a lead story about her -- what they sort of essentially argue is an excessive use of charter airplanes paid for by taxpayers heading into various campaigns. That's just -- it's sort of a drip, drip, drip quality that can have a real effect over time.

KAYE: Yes. Well, and we are seeing the dip in the belief that she is honest and trustworthy as well. So how does she get around that?

GERGEN: Well, in my judgment, you know, trust runs -- is a two-way street. I think that when a candidate trusts the public, the public is more likely to trust the candidate. And it has been argued here on CNN in the last couple of days, the -- I think that she has to learn how to not only trust the people, but I think she has to learn how to trust the press more than she does. You know, you can -- it -- you've got to choose your enemies carefully in politics. And having -- having a sense, almost a near paranoia sense among some around her about the press, I don't think is healthy for her.

You know, most people who succeed in politics as democratic leaders know how to make the press at least neutral if not friendly. If you look at our more charismatic effective presidents, Franklin Roosevelt, John Kennedy, Ronald Reagan, they all got along really, really well with the press.

KAYE: Let me ask you about the Whitewater controversy from years ago.

GERGEN: Sure.

KAYE: You advised that she and President Bill Clinton disclose or -- disclose all of the documents and let journalists judge for themselves. I mean there are now two investigations into Hillary Clinton's e-mails in the House, one concerning some 30,000 personal e- mails that were deleted. What do you think she should do now about that?

GERGEN: I'm -- I'm not sure because I don't know what -- you know, it's hard to advise somebody because you don't know what's in there. If there's nothing in there that is -- in those e-mails that is really -- and I am sure there's some things in there that are unflattering. That's what we discovered in Whitewater. But in Whitewater there was nothing that was criminal. And, in the end of the day, it was better to get those documents out than to let the drip, drip, drip continue.

In this case, I favor transparency. I'm a strong believer, an advocate of transparency. But I will tell you this, the Republicans ought to be very careful here. If they -- if they call her up to The Hill and start, you know, bullying her, she's going to get -- there's going to be a real backlash against that and it will help her. It is -- this is a very, very -- you know, this is a podadarum (ph) on both -- for both sides. They've got to both handle it with care. I -- as I say, I'm a huge advocate for transparency on the part of candidates.

KAYE: Yes.

GERGEN: I went through -- listen, I went through Watergate working for Richard Nixon and that always leaves you with a, you know, strong belief the more transparent you are, the better off you are in the long run.

KAYE: Yes, no doubt about that. But you are saying, if I'm hearing you correctly, that she could actually use this maybe to her advantage if the Republicans start targeting her and attacking her even more so?

GERGEN: I think that's right. You know, I think the Republicans have to go carefully on this. They don't want to -- there is such a thing as piling on, which can happen very quickly. And if people get a sense they're just beating up on her because she's Hillary and that there's nothing really there, then I -- you know, I think that -- I think that's going to backfire on them.

There is an intermediate step, which I -- which I have had the occasion in the past, and that is to have a third party, a neutral third party who is trustworthy, someone such as a Lee Hamilton, the Democrat, but trusted on both sides of the aisle, former member of the House, he could take a look at what's on that server and come away and say, hey, there's not really much here, there's nothing here, and forget it.

<09:40:15> I also think she needs a couple of advocates on her side who are not sort of the standard advocates but people who are like, you know, come out of a -- come from a trustworthy position. She needs to have people around her that others trust and that will help as well.

KAYE: Your phone might be ringing, David Gergen.

GERGEN: I don't think so. Thank you, Randi. Good to talk to you though.

KAYE: You as well. Thank you. Nice to see you.

GERGEN: Thank you.

KAYE: Still to come, there's a new jolt in race relations. Alison Kosik is following that story for us.

ALISON KOSIK, CNN BUSINESS CORRESPONDENT: How about a little controversial conversation to go with your latte? Starbucks CEO Howard Schultz is trying to tackle race issues one cup at a time.

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KAYE: Not one to shy away from a hot topic, Starbucks is jolting America's conversation about race. This ad, appearing in Sunday's "New York Times," the words "shall we overcome" in small print, "race together" above the logo. The reaction has been as diverse as the company's demographics. Some poking fun with possible drink names even. Here's a few of them. "Sweet n low," "sweet chariot," "the brewtang (ph) clan" and "no chai left behind." As for the company's CEO, well, this is no laughing matter. Alison Kosik joining me now to discuss more of this.

ALISON KOSIK, CNN BUSINESS CORRESPONDENT: He's serious, Howard Schultz --

KAYE: Yes.

KOSIK: I mean when he brings these, quote, controversial issues into these Starbucks coffee houses. This time he's bringing in the phrase "race together." And he's offering this up to his baristas saying, you know what, voluntarily you can write this on the cups or, in this case, put a sticker, "race together." Here in New York they put a sticker because they're so busy they can't write it. But the point is, is, if you go and buy a coffee let's say in New York or any other big city you're probably going to get one of these stickers. It's an ice breaker in many ways to try to get the discussion started about race relations.

<09:45:15> You know, Schultz, of course, as you said, doesn't shy away from controversial topics. He's talked about everything from gun control to the government shutdown to gay marriage. He really gets out in front of these issues to try to get Americans talking. What's interesting though is it's getting some hate on Twitter. I wanted to go to some of those tweets. There's one who says, "What can I imagine though as a black woman, meaning anxiety, as I approach to place my order about whether there's going to be a race conversation?" So her point is, I'm going in to buy a cup of coffee.

KAYE: That's all she wants is a cup of coffee.

KOSIK: There it will be in your face. There is an option though if you get one of these cups with it written or a sticker that you can say I want to change out my cup. Also, the baristas are not required to put this on the cup. Listen, the point that Schultz is trying to make here is he says this is an opportunity to begin to re-examine how we can create a more empathetic and inclusive society one conversation at a time. But, you know -- then you've got those who are positive saying we're happy to see Starbucks is doing something good.

KAYE: It is interesting, because it really starts with the barista. They put that on. They're asking people to write it on their own cups. You're walking around the city, your office, whatever it is. People will say, what's that?

KOSIK: It's the baristas writing it. But here -- My producer was going to get a cup of coffee today because she was going to Starbucks. This wasn't on the cup. She asked why not? The barista said, no one knows about it. So even after putting those full page ads in "The New York Times" and "USA Today," this barista said no one knows about it. So really question how effective the campaign's going to be if even just one person, just one example of walking into a Starbucks and not getting it the cup unless you specifically ask.

KAYE: Even in a rush they could forget to slap that on. But it's an interesting effort certainly on Schultz's part.

KOSIK: It is. Yes.

KAYE: Appreciate that, Alison. Thank you.

Still to come, an alleged bathroom confession. Will Robert Durst's comments be allowed in court?

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<09:50:53> KAYE: For decades, Robert Durst has escaped conviction but thanks to new evidence from an HBO documentary called "The Jinx," Durst was charged Monday with the murder of his friend Susan Berman back in 2000. The biggest bombshell in the series came as Durst mutters to himself unaware that his mike was still on.

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ROBERT DURST, NEW YORK REAL ESTATE HEIR (off screen): (Inaudible) Killed them all. Of course.

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KAYE: Many are taking it as a confession but can the recording even be admissible in court? The decision wouldn't be the first high profile case to tackle this issue.

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KAYE (voice-over): A victim's own words weren't enough to make it into the O.J. Simpson trial back in 1994. Just nine days before she was slashed to death, Nicole Brown Simpson wrote in her diary about threats from her husband. She wrote when she was pregnant O.J. demanded she have an abortion and pointed a gun at her. Prosecutors said it showed a pattern of abuse, but Judge Lance Ito ruled her journals were inadmissible hearsay. UNIDENTIFIED FEMALE: Orenthal James Simpson not guilty of the crime of

murder.

KAYE (voice-over): O.J. Simpson was acquitted. When George Zimmerman was on trial for killing Trayvon Martin in 2012, an audio recording of the struggle between the two was played in court. Listen carefully as it was captured on a 911 call.

911 DISPATCHER: Is it a male or female?

CALLER: It sounds like a male.

911 DISPATCHER: You don't know why?

CALLER: I don't know why. I think they're yelling help but I don't know. Send someone quick, please, God.

KAYE (voice-over): The judge allowed that but refused to let a forensic voice analyst testify, who believed Trayvon Martin could be heard on the tape saying stop. Also in this case, the judge refused to allow Trayvon Martin's text messages about marijuana and a gun into evidence. The defense argued that Martin's texts the day of the shooting show the teenager was in a hostile mood but the judge still rejected them.

UNIDENTIFIED FEMALE: You have no further business with the court.

KAYE (voice-over): George Zimmerman was found not guilty in the teenager's death. Remember Casey Anthony's trial following her daughter's 2008 disappearance? Her defense team argued these pictures of Anthony going clubbing while her daughter Caylee was missing should not be shown in court. The defense said the pictures vilified Casey, portraying her as a party girl. The judge allowed the pictures in court.

UNIDENTIFIED FEMALE: Juror No. 12, (inaudible) correct verdict?

UNIDENTIFIED FEMALE: Yes.

KAYE (voice-over): Still, in the end, Casey Anthony was acquitted of murder.

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KAYE: As for Durst's comments, it could be argued that the context is unclear and we don't yet know when HBO knew what they had and if they shared it with law enforcement.

Still to come, a young, talented 24-year-old football player retires from the NFL over safety issues. CNN's Andy Scholes has the latest.

ANDY SCHOLES, CNN SPORTS CORRESPONDENT: Hey, Randi. Chris Borland was a San Francisco 49ers leading tackler last season but he's walking away from the game of football because of concerns about the long-term effects of repetitive head trauma. I'll tell you what he said about his retirement when NEWSROOM continues. <09:54:05>

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KAYE: In a shocking move, 24-year-old NFL linebacker Chris Borland retires from the NFL saying he doesn't want to risk his health anymore. CNN's Sports Andy Scholes has much more. Good morning.

SCHOLES: Good morning, Randi. This could potentially be a very concerning trend for the NFL. Players are retiring at an early age because they fear the long-term effects of concussions and other injuries that can occur while playing football. 49ers linebacker Chris Borland is the latest to call it a career after playing just one season in the NFL. Borland had a very bright future in the league after a great rookie season where he led the 49ers in tackles but because of concerns about his long-term health and head trauma, he decided to retire. The 24 year old told ESPN, "I feel the same, as sharp as I've ever been. For me, it's wanting to be pro-active on concern that if you wait until you have symptoms, it's too late." He went on to say, "I just want to live a long healthy life and I don't want to have any neurological diseases or die younger than I would otherwise." Borland is the fourth player under the age of 30 to retire early from the NFL in the last week.

The NCAA Tournament gets going tonight and one of the best stories this year is the return of Kevin Ware. The 6'2" guard is back in the big dance with Georgia State two years after suffering that horrific leg injury while playing for Louisville.

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KEVIN WARE, GEORGIA STATE GUARD: I was ready, man. You know, I've been dreaming for this since I had my injury, to be able to play in the NCAA Tournament again. So I'm really anxious.

RON HUNTER, GEORGIA STATE HEAD COACH: There will be no greater story than Kevin Ware. I am so happy for him because for his story, it closes the book for him on this. He can go back now to being Kevin Ware the basketball player.

WARE: It's a once in a lifetime experience. You know, we just have to go out there and have fun.

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SCHOLES: Ware transferred from Louisville to Georgia State last year. You can catch him in action Thursday at 1:40 Eastern as the Panthers take on Baylor. As I said earlier, the tournament officially gets started tonight with the first four games also known as the play-in games. Hampton and Manhattan going to be playing for a 16 seed then BYU and Ole Miss will play for an 11 seed. You can watch those games tonight on TruTV starting at 6:40 Eastern.

Randi, still plenty of time to fill out those brackets.

<10:00:02> Go to CNN.com/brackets and play along with us here at CNN.