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Thousands Protest After Wave Of Sex Attacks; Drug Lord Back In Prison After Dramatic Arrest; "Chilling" Video Shows Moment Philly Cop Shot; Two Refugees Charged With Supporting ISIS; Muslim Woman Removed From Trump Rally After Staging Silent Protest; Presidential Hopefuls Campaign Hard In Iowa Pre-Caucuses; Explosive New Details About Death Of Laquan McDonald Included in Thousands Of Emails; Did President Obama Change Any Minds At CNN Town Hall Meeting? Aired 12-1p ET

Aired January 9, 2016 - 12:00   ET

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


(COMMERCIAL BREAK)

FREDRICKA WHITFIELD, CNN ANCHOR: Hello again, everyone, and thanks so much for joining me. I'm Fredricka Whitfield.

We're following developing news out of Germany. Thousands of demonstrators filling the streets of Cologne. Police at one point firing tear gas and using water cannons to break up a rally after beer bottles were thrown at police.

Protesters are furious. This is what at issue here, over the New Year's Eve sex assaults that have rocked the country. Authorities say out of the mob, 31 people identified in the attacks, 18 of them are refugees, they say.

CNN's correspondent Atika Shubert is live for us now in Cologne where it is now nightfall, but still people in large numbers are out, Atika?

ATIKA SHUBERT, CNN SENIOR INTERNATIONAL CORRESPONDENT: Well, actually, most demonstrators have gone home. Police have pretty effectively been able to get them back onto their trains and cool off at home. They are able to make their final statements.

We heard, as they were leaving, a number of white ring protesters saying to the police, where were you on New Year's Eve? Why didn't you protect these women from these assaults?

So a lot of the anger today especially was vented at police. There are about 2,000 officers on the streets. They were able to keep control, however, and get people home safely without it breaking out into too much violence.

But this is going to be a challenge going ahead. People here are very angry. What they see as a loss of control by the police and also the refugee policy, right-wing protesters saying it's making the country unsafe and this is why they say there should be an end to migration and allowing refugees in -- Fredericka.

WHITFIELD: OK. And then even Angela Merkel is also chiming in now after having been a great advocate for asylum seekers, saying there has to be tougher regulations as it pertains to their entry.

SHUBERT: That's right. I mean, she's been saying for some time that, yes, Germany does continue to accept refugees, but there are very strict regulations. They must prove that they come from a war-torn country or are suffering political persecution.

Once in Germany, they must abide by German law. Anybody who violates those laws, who is convicted of a crime risks deportation and she was very -- she used more tough words today when she addressed members of her own party saying that what happened on new year's eve right in this square was disgusting and must be prosecuted to the fullest extent of the law.

But this is the problem. There are 30 suspects now identified, more than half of those are asylum seekers. But the number of criminal complaints that happened in this very square that night has now risen to 379. That is according to Cologne police.

So far, only a handful of people have been arrested. So many people here are very angry that the perpetrators have not been brought to justice yet.

WHITFIELD: All right, Atika Shubert, thanks so much. Keep us posted.

All right, he is reportedly worth some $4 billion and says he's responsible for thousands of death. This afternoon Mexico is urgently deciding what to do with the drug kingpin known as El Chapo.

He is once again behind bars back in the same high-security prison in Mexico City that he broke out of last July. Then today we're getting new details about the dramatic raid that led to his capture.

Authorities say El Chapo and an aide escaped through a manhole during a shootout. You're looking at some of the video right now. And then led Mexican Navy officers on a frantic chase through the sewer system.

They were finally arrested on a nearby highway. I'm talking about El Chapo. Rafael Romo joins us now with more on this. Authorities had been watching him. He kind of made himself known, right, because of his pursuits to become even more famous and then this incredible capture.

RAFAEL ROMO, CNN SENIOR LATIN AMERICAN AFFAIRS EDITOR: That's right. Mexican Attorney General Gomez said last night during a press conference that back in the month of October, Mexican intelligence officers started following El Chapo because of communications between his attorneys and El Chapo.

What they were doing, according to the attorney general, they were trying to get in touch with Mexican film producers and actresses because El Chapo, listen to this, wanted to have a movie made about himself.

So he got reckless, ego-centric and that led authorities to his hiding place in the Mexican state of Sinaloa on Friday morning where the raid was conducted and eventually he was caught by the Mexican Navy. WHITFIELD: But they once again, this does exemplify, he did have an escape plan. He went into the sewer system because, I mean, many of us were wondering, why does he look, you know, so scruffy, a man with millions and has all these protections and then he was covered with soot. That's because he went into the sewer system. So he still had an escape plan, but this time it didn't work.

[12:05:07] ROMO: He sure did. He should be called Mr. Tunnel because he escaped through a tunnel back in July of last year. This time around he used the manhole to get into the drain system in the city of Los Mochis.

And while there was a shootout in which the armed forces were trying to penetrate the house where he was in, he was escaping with one of his lieutenants and he got as far away as stealing a car, driving out of town.

And he was stopped outside the city on a highway by Mexican soldiers, but just to give you an idea of the fact that he not only had a plan "A" but a plan "B" until he was finally caught by those soldiers.

WHITFIELD: My gosh, so wait a minute, so we're just looking at video that took you back six months ago and then some more current images. Just a reminder of how he was able to get out of that Mexican prison six months ago, it was his bathroom in his own cell. We saw the images of that tunnel that was bored by, you know, his compadres to help him escape.

But then fast forward now, you talk about conversations between his attorney, he and his attorney and Mexican producers and actresses, and now his attorney, complicit, arrested. What about that?

ROMO: Not only his attorney. There's a number of people that were implicated in building the tunnel, that mile-long tunnel he used back in July. There was a guy who was in charge of buying the land needed to build a tunnel.

WHITFIELD: Right, that farmland, what we all thought was farmland.

ROMO: There was another guy who financed the whole project. There was another guy who delivered the funds. There was an attorney -- there were two pilots who helped them escape, one of them was a plan "B," by the way.

One was the pilot that flew him out of that part of Mexico. The attorney general said that all of these people have already been arrested.

As a matter of fact, there's 34 people who have been arrested in connection with the latest escape and the case is not over yet. But that gives you an idea of the level of sophistication that he had and the amount of resources to be able to escape.

WHITFIELD: An incredible network. All right, Rafael Romo, thank you so much. So much to talk about because one has to wonder. Everybody is wondering, is he going to be safely held in the place that he just escaped six months ago and he's back there now. We'll talk again. Thank you.

ROMO: Thank you.

WHITFIELD: All right, in this country, a Philadelphia cop ambushed and shot in the name of ISIS. Coming up, new information in the investigation and the search for ties to terror organizations.

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[12:10:36]

(BEGIN VIDEOTAPE)

UNIDENTIFIED DISPATCHER: All cars stand by. We had an officer shot.

MIGUEL MARQUEZ, CNN CORRESPONDENT (voice-over): A horrifying scene in Philadelphia, that's 30-year-old Edward Archer, say police brandishing a 9-mm semi-automatic hand gun firing into the police car of 33-year- old police officer, Jesse Hartnett.

Archer moves to the window. The gun inside the car, firing at least 11 shots, hitting the officer three times in the left arm.

POLICE OFFICER JESSE HARTNETT (via telephone): Shots fired! I'm shot. I'm bleeding heavily.

MARQUEZ: Incredibly, the police officer not only survived, he chased his attacker down, shooting him in the butt, stopping him all while pleading profusely, his left arm unusable, speaking to the dispatcher all at the same time.

UNIDENTIFIED DISPATCHER: We have an officer down.

COMMISSIONER RICHARD ROSS, PHILADELPHIA POLICE: The grace of God, first and foremost, because I can't explain it based on my belief and any other way. But under those circumstances, man, I can't imagine that almost anything you could have could protect you.

That is chilling. Absolutely chilling when you watch that. And if that doesn't just make the hairs on your neck just raise when you see that, it's scary.

MARQUEZ: Police say the attacker used a handgun stolen from police in 2013 and confessed he was inspired by ISIS.

ROSS: He pledges his allegiance to Islamic State. He follows Allah and that is the reason he was called upon to do this.

MARQUEZ: Authorities now digging into the life and past of 30-year- old Edward Archer.

ROSS: According to him, he believed that the police defend laws that are contrary to the teachings of the Koran.

MARQUEZ: FBI searching through properties related to Archer trying to determine just how deeply, if at all, he is tied to international terror groups.

(END VIDEOTAPE)

MARQUEZ: Now, archer is recovering in the hospital behind me. He was hit three times in the left arm, one of them going through the bone, breaking his bone, the other one severing an artery.

He also has substantial nerve damage to the arm. It would be sometime before he will be able to fully realize his health. It's still a question whether he'll return full time to the police, but he is a tough guy.

Everybody in this town and many people across the country, I'm sure, pulling for him all the way. Meanwhile, the investigators continue to look into the past and the present of Edward Archer.

Trying to figure out if there is anything to his claims that he did this in the name of ISIS or is this all just a pigment of his own imagination or a lone-wolf type actor.

Back in Atlanta, they are having some audio problems with Fredricka Whitfield's equipment. We'll be right back after a break.

(COMMERCIAL BREAK)

[12:15:58]

WHITFIELD: All right, welcome back. We have worked out our technical problems. Thanks so much for hanging in there with us.

Meantime, we are now hearing for the first time from the wife of the Texas man charged with supporting ISIS. The 24-year-old Omar Faraj Saeed al-Hardan is accused of providing resources and materials to ISIS for more than a year. His wife insists that he has done nothing wrong.

(BEGIN VIDEO CLIP)

HANEEN AL KOKISS, AL HARDAN'S WIFE: I'm not good because my husband in jail. My son is not good. He just cry. He need his dad -- my phone, my iPad, everything is taken. I don't know why. He do nothing. He love America.

(END VIDEO CLIP)

WHITFIELD: Al Hardan and his accused accomplice are both Middle East refugees. CNN's Pamela Brown has more on the charges against them.

(BEGIN VIDEOTAPE)

PAMELA BROWN, CNN CORRESPONDENT (voice-over): The FBI says this man seen walking into federal court is Omar al-Hardan, an Iraqi refugee living in Texas, who conspired with terrorists in Syria along with another man in California.

The 24-year-old Al Hardan, a permanent U.S. resident from Houston allegedly attempted to provide material support to ISIS. His alleged associate, 23-year-old Aws Mohammed Al-Jayab came to the U.S. Syria from a Syrian refugee camp in 2012.

In 2013, he returned to Syria to fight. He was allowed back into the United States again in 2014, according to court documents. The arrest further fueling the debate about whether the refugee screening process is rigorous enough as the U.S. considers allowing in at least 10,000 Syrian refugees over the next years.

REP. MIKE MCCAUL (R), CHAIRMAN, HOUSE HOMELAND SECURITY COMMITTEE: I think it's time to tell the American people the real story about the refugee program and what a threat and how dangerous it can be to the safety of American lives.

BROWN: The criminal complaint says the two men communicated with each other online in 2013 about traveling to Syria. In one exchange on April 9th, 2013, al-Hardan asked, quote, "What kind of job will they assign me to?"

Al-Jayab responded, when you arrived in Syria, you will be trained. Seven days later, Al-Jayab allegedly communicated with someone in Syria saying, I am eager to see blood.

The FBI says both men later lied to federal immigration officials, denying any ties to terrorism.

MCCAUL: It demonstrates the point that the vetting process needs to be enhanced before we start bringing in more of these refugees. If these two guys got through the cracks, how many more are out there.

BROWN: Homeland Security Secretary Jeh Johnson acknowledges there is always some risks involving refugees, but says the screening process has improved.

JEH JOHNSON, HOMELAND SECURITY SECRETARY: We do have to be concerned about the possibility that a terrorist organization may seek to exploit our refugee resettlement process. That's true of this country. That's true of every other country that accepts refugees. That is why we have in place a very thorough, multilayered process for evaluation of refugees.

(END VIDEOTAPE)

BROWN: This is not the only case involving Iraqi refugees being arrested in the U.S. on terrorism charges. Around five years ago, two Iraqi refugees were arrested in Kentucky after their fingerprints were found on bombs in Iraq used against U.S. soldiers.

But to put into perspective, hundreds of thousands of refugees have been allowed into the U.S. since 2001 and only a handful have been arrested on terrorism charges. Pamela Brown, CNN, Atlanta.

WHITFIELD: All right, joining me now is CNN national security correspondent analyst, Juliette Kayyem. So Juliette, do these illustrate that there's a flaw in this U.S. vetting process for refugees? JULIETTE KAYYEM, CNN NATIONAL SECURITY ANALYST: I think any case like this is going to require us to assess the extent to which we know who is coming in and who is they are communicating with. Ironically, most of these cases involve people who are already here and have been here for some time and even those who are not Syrian refugees.

[12:20:06]So if you just sort of look at the last couple of weeks, there's no standard blueprint for who these guys are who are attempting to radicalize and then attack the United States.

So obviously, an assessment of whether the refugee standards are strong enough needs to be taken as being undertaken by the administration, but the idea that this would justify closing our doors, the numbers are just not there yet.

In fact, you know, the reality is that this arrest occurred is a good sign that the FBI is actually monitoring a lot of these people.

WHITFIELD: So then Juliette, you know, if the argument is made just like we heard from Representative Mike McCaul, you know, the vetting process, there needs to be changes, overhaul it, enhance it, et cetera, what would be some of those measures that could be taken into consideration that aren't already?

KAYYEM: Well, I think what you've seen since the sort of concerns about the Syrian refugee crisis is obviously greater database assessments by whoever is coming in, and particularly men, that it's just going to be the reality of the world we live in now, men who are between the ages of 18 and 45 years old.

There will have to be some validation or verification of their previous travel, and then once they are allowed in, a stronger review and surveillance of them and their travel once allowed in, because they may go to Turkey to visit family, given what we know about where the Syrians are heading now, right.

A lot of people are ending up in Turkey, but to ensure that it is, in fact, Turkey that they're visiting. I'm pretty confident that these systems are rigorous, just how few people are coming in through the refugee process.

There's only going to be about 10,000. The other visa processes, these are without waiver, you know, the marriage one that we saw implicate in San Bernardino, those are the ones that I think we should be focused on in terms of greater rigor.

WHITFIELD: All right, Juliette Kayyem, thanks so much. Always good to see you. Appreciate it.

All right, straight ahead, a Muslim woman booed by the crowd at a Trump rally. Why she was kicked out of the building and what she told CNN next.

(COMMERCIAL BREAK)

[12:25:16] WHITFIELD: All right, welcome back. Protesters getting kicked out of Donald Trump's rallies, well, that's nothing new. But last night in South Carolina, a Muslim woman was escorted out for standing up. Listen to what she said.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: I know the game and I know the game very well and these people will come in --

(END VIDEO CLIP)

WHITFIELD: All right, that's what happened. The 56-year-old Rosa Hamid, stood up as Donald Trump was talking, and now you see her being escorted out and there are boos and jeers.

She spoke with us about her experience and what people were saying to her as you see her going up the stairs, occasionally someone, there's an exchange verbally and she explains what was said.

(BEGIN VIDEO CLIP)

ROSA HAMID, KICKED OUT OF TRUMP RALLY: I don't know if he really knows what Muslims stand for. I don't even think he believes in the rhetoric that he is spewing. I think he is just saying stuff to get attention and to get his numbers up.

My purpose for going there, as was mentioned, was that I have the sincere belief that if people get to know each other one-on-one, that they will stop being afraid of each other and we will be able to get rid of all this hate in the world literally.

So that was really my goal is to let people see that Muslims are not that scary. The people around me were lovely. There were people who were very nice, sharing their popcorn. It was very nice people all around me, the people I had conversations with.

But then, what happened when the crowd got this hateful crowd mentality as I was being escorted. It was really quite telling and a vivid example of what happens when you start using this hateful rhetoric and how it can incite a crowd.

This one guy was saying, get out, get out. Do you have a bomb? I said, no, do you have a bomb? They were saying ugly things. One guy was saying, God is great.

And another said Jesus loves you and I said, yes, and Jesus loves you too. The thing is that people don't know what they are saying. They just get riled up in the hatemongering. They don't even know what they are saying.

(END VIDEO CLIP)

WHITFIELD: Joining me with the latest from the campaign trail in Iowa is CNN political reporter, Sara Murray. So Sara, Donald Trump is expected to speak on the stage behind you in a bit. Has anyone in that arena said anything about what happened involving Ms. Hamid?

SARA MURRAY, CNN POLITICAL REPORTER: No. I mean, we're not hearing a lot about what happened last night. I would say, look, it is pretty traditional for there to be protesters at Trump events. It's possible that we'll see more today.

It certainly kept the Trump staffers on their toes because the reality is Trump's rhetoric has been very divisive to a lot of people.

When you talk about where we are today, we are in Ottumwa, Iowa. This is a predominantly white city, but there has been sort of a growing Hispanic population here. It's about 12 percent Hispanic, which is very big for Iowa.

So there are certainly going to be some people who are in their town who aren't happy to hear Donald Trump's message particularly when he talks about building a wall along the southern border, and when he talks about illegal immigration.

But he's expected to take some questions here. He told a local radio station that we can expect that from him today. So it will be interesting to see as the caucuses getting here, what kinds of things are on the top of Iowa voters' minds today.

WHITFIELD: OK, so, you said, you know, the Trump campaign, they're used to protests, used to people making statements even at his events. How were you seeing measures of security reflecting what could be anticipated at any even and then especially today?

MURRAY: Well, I think we're seeing sort of a standard level of security for Trump. He has Secret Service protection. We have that today. They screened everyone who comes in. But I would say his most ruckus events tend to be the ones that take place in the south.

They don't tend to be a ruckus in a place like Iowa or New Hampshire. You have to remember that these are voters who are very used to seeing presidential candidates.

They are very used to being able to question presidential candidates. Ted Cruz is in the state right now making 28 stops.

It's a big deal that Donald Trump is here making two stops. Usually he just flies in, makes one and flies back out. You see he's kind of stepping up his presence a little bit.

I think it's impossible for anyone to say, I guarantee there will be no protesters.

[12:30:00] It's been very difficult for the Trump campaign to weed those out at every event, but you see here a sort of a more mellow crowd at least for now. Everyone's sitting down, waiting for the candidate.

WHITFIELD: All right, Sara Murray, thanks so much. We'll check back in with you. All right, on February 1st voters in Iowa will hold their caucuses,

making it the first state in the nation to officially vote for a presidential candidate. With just 22 days now left until that contest, presidential hopefuls are hitting the campaign rally even harder in hopes to clinch the win in the early voting state. Joining me right now to discuss the latest on the campaign trail from Iowa is Carol Hunter. She is the senior news director for The Des Moines Register newspaper.

All right, Carol, good to see you. We know it's been on record that Donald Trump is not a huge fan of The De Moines Register. So, let's talk though, about the polling and what you're learning from the voters in that area. This brand new Fox News Poll, in fact showing Ted Cruz in the lead over Trump in Iowa by 4 percentage points. The De Moines Register's latest poll in early December has Ted Cruz ahead of Trump by ten points. And this Quinnipiac poll that came out right after the register's poll has Trump in the lead but barely, running neck and neck with Cruz. So as an Iowa insider, how much credence is there in the polls? I know I'm asking you to re-evaluate your own newspaper's polling but how much of a reflection is it of voters that you've been in contact with?

CAROL HUNTER, SENIOR NEWS DIRECTOR, DES MOINES REGISTER: Well, good to be with you Fredricka. It's going to be so interesting to see how this shakes out with Ted Cruz and Donald Trump. The polls clearly show them in the lead by quite a margin over all the other candidates. We did have Donald Trump behind farther than some of other polls have shown him but it's still a lot of time to go. Voters in Iowa often make their decision toward the end of this process. In our poll in early December, two-thirds of Republican caucus goers said they could be persuaded to vote for another candidate, even if they had a first place choice. So, this is very wide open.

WHITFIELD: And we know traditionally, Iowa voters very savvy. It's a very important state in any race for the White House. But what have been the express concerns from Iowans that you all have reported on as it pertains to the tone of this race, especially as it pertains to the GOP and how that might influence that caucusing.

HUNTER: Well our lead political reporter Jennifer Jacobs has a report out just this morning from the focus group that Frank Luntz conducted with Iowans and it showed about a fourth of the people there who had quite a bit of concerns by Donald Trump. In fact, a handful of them said that they were so repelled by Donald Trump that they wouldn't mind if Hillary Clinton won the general election. And that's something for a Republican to say. Frank Luntz was quite surprised by that finding.

So, we could see kind of an anti-Trump wave build that's not usual to see. Usually people go to the polls to vote for someone instead of vote against someone. But we might be seeing though beginnings of that.

WHITFIELD: All right, so that's a perfect aside. We'll tackle a little bit more about the Democrats side. You know, Hillary Clinton leading Bernie Sanders according to this polling here, 48 percent to 39 percent in The des Moines Register's latest poll, Clinton leading Sanders 51 percent to 40 percent in the latest Quinnipiac University poll, Martin O'Malley trailing both of them in the single digit percentile in both polls.

So, despite Clinton's lead in the polls, does Bernie still have a chance in Iowa? I know you talked about, you know, Hillary Clinton representing the I'm voting against, you know, someone else as opposed to for, but now kind of, you know, put on the hat for Bernie Sanders and the electorate and what they're thinking and feeling their in Iowa about him? .

HUNTER: What will be so interesting is whether the enthusiasm clearly there for Bernie Sanders whether that translates into votes on caucus night. He'd drawing very big crowds. He had 1600 people come out to see him in Cedar Rapids yesterday. But caucusing is different from a primary. You have you to go out on a single night. Now, it's about 10 degrees here in Des Moines today. If it's that cold on caucus night, maybe some of those enthusiastic ralliers for Bernie Sanders will stay home and then advantage goes Hillary Clinton.

WHITFIELD: Wow, I didn't think that super cold whether was any deter rent for any Iowan.

HUNTERS: Well, we're pretty used to it being pretty cold here.

WITHFIELD: Right. All right, Carol Hunter, thanks

HUNTER: But it it...

WHITFIELD: Oh, OK, go ahead.

[12:35:08] HUNTER: But it is a commitment to caucus. And they're different beasts. Both the Republicans and Democrats are making a big effort to get voters out, and so turnout in the end will be a big factor.

All right, indeed it will. Carol Hunter, thank you so much for being with us appreciate it.

All right, let's talk more about the campaign trail, Republican presidential candidates Ted Cruz on sitting down face to face with CNN addressing immigration and the questions on his American citizenship.

(BEGIN VIDEO CLIP)

JAKE TAPPER, CNN HOST, STATE OF THE NATION: Carly Fiorina saying the other day that she says it's odd that it wasn't until 2014 that you're renounced your dual citizenship -- your citizenship with Canada. Now, I know you say, you didn't even know about it until "The Dallas Morning News" wrote the story, I think in 2013. Did you ever go back after that Dallas Morning News story and try to find out more about your parents' time in Canada? Whether they did any, I mean, did they vote in Canada when they were there?

SEN. TED CRUZ, (R) PRESIDENTIAL CANDIDATE: No, no.

TAPPER: No, they did not?

CRUZ: My mother didn't because she was a U.S citizen. And my mother -- look, the internet has all sorts of fevered swamped theories. But the facts are simple, my mom was born in Wilmington Delaware, she was an American citizen by birth. She's never been an American citizen all 81 years of her life. She has never been a citizen of any other place.

(END VIDEO CLIP)

WHITFIELD: All right, don't miss Jake Tapper's full interview with Republican presidential candidate Ted Cruz on CNN's "State of the Union" tomorrow morning at 9:00 Eastern.

(COMMERCIAL BREAK)

WHITFIELD: We're still learn the explosive new details in the death of Laquan McDonald in Chicago are included in thousands of e-mails, to and from officials and lawyers and mayor's aides (ph) that city hall released on New Years Eve are allegations, unproven as yet, that witnesses to Laquan McDonald's shooting were coerced by police and their sworn statements altered when they refused to say what the police wanted. CNN's Rosa Flores is following details.

[12:40:12] ROSA FLORES, CNN CORRESPONDENT: Chicago police detained witnesses for hours, threatened them and asked them to change their stories about what they saw when officer Jason Van Dyke shot and killed Laquan McDonald. All these allegations made by McDonald's family attorneys and learned by CNN while scouring through more than 3,000 pages of e-mails obtained through a freedom of information request.

(BEGIN VIDEO CLIP)

JASON NESLUND ATTORNEY FOR THE ESTATE OF LAQUAN MCDONALD: There were at least three eyewitnesses that were in the drive-through of the Burger king that were taken to a police station, separated, put in different rooms, and interviewed by police detectives, sergeants, lieutenants.

(END VIDEO CLIP)

FLORES: McDonald family attorney Jeff Neslund says one of those witnesses, a truck driver, told investigators he saw, "an execution". Another allegedly started screaming, "Stop shooting". And after hours of interrogation and no sign of release, he says police asked witnesses to changes their story.

(BEGIN VIDEO CLIP)

NESLUND: Code of silence, thin blue wall, I mean, I think that's an accurate description of what happened here. And quite frankly, happens almost every failure shooting.

(END VIDEO CLIP)

FLORES: The police reports, also obtained by CNN, state that witnesses, and police officers on scene either didn't see the shooting or saw what Vandyke alleged, that McDonald raised his knife at Van Dyke, attempting to kill him. The release of the shooting video would later poke holes in his story.

The city of Chicago responded in a statement saying, "The police action surrounding this shooting are under investigation by the U.S. Department of Justice for possible criminal charges, and by the city inspector general for possible disciplinary action. The public deserves answers to a number of important questions in this case and we eagerly await the findings of those investigations".

Jason Van Dyke faces first-degree murder charges and pleaded not guilty. The McDonald's family attorney said that he's in contact with witnesses and at least one has testified before a grand jury. Now, let's make one thing very clear. No other police officer has been charged, but we do know that there's an ongoing federal investigation. Rosa Flores, CNN, Chicago.

WHITFIELD: All right let's talk more about this with our legal guys. Avery Friedman, a Civil Rights Attorney and Law Professor in Cleveland, good to see you.

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi Fredricka.

WHITFIELD: And Richard Herman, a New York criminal defense attorney and law professor joining us from Las Vegas. Good to see you as well.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi Fredricka.

WHITFIELD: All right, so, gentlemen, this really is a really complex case, isn't it? I wonder, Avery, how much will it make a difference potentially if this was an intentional cover-up or whether this is a subtle unconscious kind of cover-up.

FRIEDMAN: Well, I think this is profound, Fredericka. I mean, the question that the release the 3,000 pages presents is whether this goes all the way up the line. What's very interesting here, City of Chicago is not telling you who those witnesses are. The lawyers for the McDonald family aren't telling you who those witnesses are. We can glean from the records some inconsistencies based on what the lawyers are saying, but at the end of the day, we need to get our hands on these people to find out what's going on. Some are appearing before a grand jury, but for purposes of what's reporting what's going on, we don't know what's going on, we haven't investigated them and that's what the next step should be.

WHITFIELD: All right, and so Richard, again, this -- yes, this is coming, the sentiment from the family attorney who says this is the information that they have, but at what point does the City of Chicago, the police department, have to answer to this outside of any kind of grand jury huddle?

HERMAN: Well, they're being investigated by Department of Justice, Fred. Listen, you have to understand this has nothing to do with the Van Dyke prosecution. This officer is going to be convicted during his case. There is no defense to his case. The video is crystal clear and when you have video evidence like that -- it's like when you're in court and the government plays a recording or surveillance recording of your client and then say, cross-examination, there's nothing to cross-examine. It's devastating. The web cam video is devastating.

Now, take another step because there's another game now and that is, perhaps, obstruction and cover-up by the City of Chicago. And it really looks like -- Fred, it looks really, really bad these are witness summaries, not sworn statements, and you have testimony to allegations by eyewitnesses who were told, flee the scene, get out of here, you didn't see it that way, leave. If this is how it went down, Fred, it's going to go to the top because I've got to believe Rahm Emanuel, a man our hands-on leader of the City of Chicago, had to have known what was going on.

FRIEDMAN: They didn't come here, big assumption.

WHITFIELD: So, Avery, but it is bigger than -- while there is one police officer, to underscore what you're saying Richard.

One police officer who is being charged, it is bigger than that, right.

FRIEDMAN: Yes.

[12:45:16] WHITFIELD: Because potentially it might mean there would be other officers who could be charged, obstruction or otherwise, like you said, Richard.

But then, wouldn't the outcome potentially of an investigation that stems from these kinds of documents or accusations that people were coerced, or they were bullied, et cetera, then mean that other cases could potentially be impacted, meaning a comparison of were there other cases where the same kind of thing could've potentially have happened?

FRIEDMAN: Well I absolutely agree with that. Bottom line is you have potential intimidation, attempted intimidation, conspiracy to contribute to these intimidation acts, acts of intimidation as well as obstruction.

And what this disclosure requires is looking more closely to see how far this goes. I don't know how one can assume that Rahm Emanuel, who maybe [hands-on] knows all the details of this.

I think that's a question. But we need to get the evidence to find out what's going on. Yes, it is -- will have a profound effect on the community, on the police department, on the operation.

That's why I've consistently said, you've got to get the department in there. They have to look into it. We've got to get to the truth here.

(CROSSTALK)

HERMAN: Think of the jury pool right now. Think of the news. Every day in the newspapers in Chicago, they're reading that police officers were bullying and manipulating testimony and evidence. Can you imagine picking a jury in this case right now? The city of Chicago has to be up in arms over this. And it's nowhere near the end.

And if you think Rahm Emanuel signed off on a $5 million settlement by the city, had to have been the largest settlement by the city of Chicago to pay in a case like this.

And he didn't actually viewed the videotape or get a detailed analysis of that videotape and wait until after the election cycle to release that to the public, come on, Fred, this is really, really -- this stinks, it reeks in the city of Chicago, long investigation. A lot of heads are going to fly in the end.

WHITFIELD: All right. We're going to have to leave it there. But really, I know that we, yeah, Avery, Richard, you and I are going to be talking about this case again because it's just kind of the tip of the iceberg and it's now just hit a whole other level with these latest accusations.

All right. Avery Friedman, Richard Herman, always good to see you. Thank you so much.

HERMAN: Good to see you. Take care, Fred.

WHITFIELD: All right, take care. All right, straight ahead. Did President Obama change any minds at our town hall meeting, Guns in America?

We're joined by a gun owner who was there for the president's historical speech, announcing his executive action on gun control in America, the same guest who was with us last weekend prior to the town hall meeting.

We'll talk to him again next.

(COMMERCIAL BREAK)

[12:51:06] WHITFIELD: All right, welcome back. The White House will leave one seat empty in the first lady's guest box at Tuesday's state of the union address to represent victims of the gun violence.

President Obama spoke candidly about guns this week at a historic town hall airing right here on CNN.

(BEGIN VIDEO CLIP)

BARACK OBAMA, (D) PRESIDENT OF THE UNITED STATES OF AMERICAL: Our position is consistently mischaracterized. And by the way, there's a reason why the NRA is not here.

You'd think that they'd be prepared to have a debate with the president.

ANDERSON COOPER, CNN ANCHOR: They haven't been to the White House in three years.

OBAMA: Oh, no, no, we've invited them.

TAYA KYLE, WIFE OF SLAIN SNIPER: And I understand that background checks aren't necessarily going to stop me from getting a gun. But I also know that they wouldn't have stopped any of the people here in this room from killing.

KIMBERLY CORBAN, SURVIVOR OF RAPE: Why can't your administration see that these restrictions that you're putting into make it harder for me to own a gun or harder for me to take that where i need it to be is actually just making my kids and I less safe.

PAUL BABEU, SHERIFF IN ARIZONA: How do we get those with mental illness and criminals, that's the real problem here, how are we going to get them to follow the laws?

OBAMA: Crime is always going to be with us. So I think it's really important for us not to suggest that if we can't solve every crime, we shouldn't try to solve any crimes.

(BEGIN VIDEO CLIP)

OBAMA: Every time I think about those kids it gets me mad.

(END VIDEO CLIP)

COOPER: I think a lot of people were surprised by that moment.

OBAMA: I was too, actually. It's the only time I've ever seen Secret Service cry on duty, this notion of a conspiracy out there.

COOPER: But let me just jump in. Is it fair to call this a conspiracy? I mean, there's a lot of people really believed this deeply, that they just don't trust you.

OBAMA: No, no, I'm sorry, Cooper. Yes, it is fair to call it a conspiracy. What are you saying?

Are they -- are you suggesting that the notion that we are creating a plot to take everybody's guns away so that we can impose Martial Law is a conspiracy? Yes, that is a conspiracy.

And we can do better than we're doing right now f we come together. Thank you.

COOPER: Mr. President, thank you very much for your time.

(END VIDEO CLIP)

WHITFIELD: All right, I'm joined by Mark Carmen, who was at the White House on Tuesday for the president's speech on executive action, which took place a couple days before that town hall that you saw here on CNN.

And Mark is a gun owner who supports Obama's actions on guns. I remembered you made it very clear last week that you didn't vote for the president in the last elections, but are you an advocate for some of the movement he would like to see happen as it pertains to gun ownership.

So, Mark is the founder for American Coalition for Responsible Gun Ownership. Good to see you again.

MARK CARMAN, FOUNDER, AMERICAN COALITION FOR RESPONSIBLE GUN OWNERSHIP: Good to see you, Fredricka.

WHITFIELD: All right. So tell me what that was like to be with the president on Tuesday, to see how emotional he was about where he would like to see this country as it pertains to the responsibility of gun ownership and how his feelings were expressed on Thursday.

So first let's begin with your impressions on Tuesday there at the White House. But they were seeing kind of your "selfie" camera point of view at that event on Tuesday.

CARMAN: Well, thank you for starting with that question. As I said, I didn't vote for the president.

We may not disagree. I mean, we may not agree on all things politically. But I will tell you this I do believe he is a decent and honorable man.

And what I saw in that room the other day that I don't know has been really spoken of as much is that room wasn't filled up with a lot of politicians.

That room was filled with people who are victims, who are survivors, the family members of those who have been killed due to gun violence, from mass shootings as well as the one of at the bus stop where one of my friends that I've come to know there, her son was standing at the bus stop and was killed in a drive-by and he was just waiting for the bus.

[12:55:08] But the emotion of the president showed there, he wasn't alone. I think he may have actually been reacting to the tears of other people who were there and it brought him back, because I can tell you, I didn't have an onion at my seat making me cry and I was weeping right along with the president.

WHITFIELD: Oh so you describe it, it's just you know as simply -- as a human reaction and you felt that. So then, fast forward then to the town hall and you heard the candor from a variety of people, from the police officer we just read -- you know played some of the questions from police officer to a woman who was a rape victim and also talked about you know her responsibility to be able to have a gun to protect her family.

Did you feel that the president was able to convey to people who were afraid or have expressed that they believe he's going to take away their second amendment rights, do you feel that he did an adequate job conveying what his intention is with his executive order?

CARMAN: I think he did an adequate job. I don't think he did a great job. The president, as I've learned, one of the things that used to annoy me about him, that now I find this quite intriguing and I respect him for is he's contemplated when you talk and he answers a question, he thinks about that answer and I think that that sometimes gets conveyed as he's trying to make up an answer. Really what he's doing is he's really contemplating the answer. But I don't think he did an excellent job in selling it to the American people.

WHITFIELD: OK, all right. So, Mark, I'm going to have to let you go. Thank you so much for being with us and sharing your experiences and points of view on this topic.

CARMAN: OK.

WHITFIELD: All right. Thanks so much. All right, six months after he stepped into a prison shower and then, poof, disappeared. The world's most wanted drug lord is back behind bars in Mexico. Will "El Chapo" be forced to face trial in the U.S.? That's in the next hour of The Newsroom

(COMMERCIAL BREAK)

[01:00:17] WHITFIELD: All right welcome back. I'm Fredricka Whitfield.