Comey Faces Charges Of False Statements & Obstruction

20:36How many people who are, I'm 65 this year, I don't remember ever meeting a child when I was a kid who was on the spectrum.

20:43Jake Tapper:But there just wasn't the same understanding of it. Agreed, but even so, if you look around, you see children who have autism in many different settings with families. So I do think there's a real increase, not just a measured increase. But back to the lukevore story very briefly, we found a signal that we may understand better over time. And again, it'll take five more years. But what advice do you give to mothers right now with a child with this diagnosis? If, in fact, a problem with the ability to folate, which is folate, foliage, B vitamin, B9, if that leafy green vegetable vitamin can't get into your brain, it turns out in some kids it's a problem.

21:15Jake Tapper:But you would agree that don't take Tylenol is not the correct suggestion. It is if you are a pregnant woman and you want to take Tylenol, talk to your doctor. That was the first thing the president said. It's exactly what Secretary Kennedy said. Yeah, but then he said don't take Tylenol 11 times after that. But in any case, I do want to ask you about something else, okay? you're very involved in the Make America Healthy Again. Yes. Which explores the harmful impact of ultra-processed foods and all the food that we eat that is chemicals and corn syrup and the like. What concrete steps, and just so you know, I completely agree with you 100%.

21:50Jake Tapper:What concrete steps are you and the administration going to take to challenge the food industry? Because I think that's where a lot of people who want this but are skeptical, But are they really willing to take on Archer Daniels Midland or Kellogg or whatever? Because that's actually where there's a political risk. The secretary is passionate about this issue, as am I. If you look at my portfolio, which is the insurance programs that our government provides to its citizens, the number one thing we can do is get folks to never get sick in the first place. The reason we cost twice as much per capita to take care of Americans is we're twice as sick.

22:24Our obesity rate is literally twice more than Europe. So we have got to figure out the cause, the root cause of these ailments, or we're not going to be able to afford to take care of folks in the way we've gotten accustomed. So we are serious about it. As an example, we've got a food pyramid initiative that is aggressively moving forward, which you'll hear a lot more over the next month about. But the ability to get states to take action is a wonderful opportunity that we had not actually taken advantage of in prior administrations. When a state says, we want an exemption to be able to make healthy food part of the SNAP program, that waiver they're asking for frees them to force food companies to provide better options.

23:01And guess what? If you're a CEO of one of those big companies you mentioned, providing a different solution to every state's a problem, and the secretary and the president endorses this, has gone out to governors and said, you guys be the kingmakers. In fact, if I can brag on governors, the one big, beautiful bill had a provision for the rural health transformation of America. It's a$50 billion investment that 50 % more money to all rural America for health care. That's purposely given by the Congress and by the president to the governors to make them the kings because they know their states. We want them to play an active role in the Maha movement.

23:31Jake Tapper:Well, I'll just say this and then I have to let you go because we're out of time. Is that I think there's an only Nixon can go to China quality of what President Trump can do in terms of this. And there's a there's a window. And I think a lot of people from all over the spectrum are behind you guys. but it does require a little willingness to jawbone the food companies because the cheapest food is often the least healthy food. And that's why we have so many people wonder, why do we have so many poor people that are fat? Because they're eating fast food because that's what they can afford. The ultra-processed food is consumed more readily.

24:03It's less expensive. It's not real. It's designed for shelf life, not human life.

24:07Jake Tapper:And it's also delicious because it's soaked in fat. Addictive is more. Addictive. Exactly right. Dr. Oz, always good to have you. Thanks so much. Go birds. Go birds and come back soon. We appreciate it. And our tech lead, Tesla's Autopilot Features. The car company once said in a major lawsuit that it couldn't recover specific data from cars. We're going to talk to a hacker who found the data in less than five minutes.

24:30Jake Tapper:Our tech lead now, are self-driving cars as safe as automakers insist they are? Today we're going to take a look at a lawsuit over a crash in 2019 that killed one woman and injured her boyfriend. evidence surfaced that Tesla's autopilot feature contributed to the deadly crash. I spoke with the hacker, who wants to remain anonymous, who brought the evidence to light after Tesla insisted that the data could not be recovered. A hacker played a key role in uncovering evidence in a wrongful death case against Tesla after the electric car manufacturer inaccurately claimed crucial data was missing. The case stems from a 2019 accident in Key Largo, Florida, A driver in a Tesla Model S ran a stop sign before slamming into an SUV parked behind street signs.

25:19Jake Tapper:22-year-old Nabel Benavides Leon was killed. Her boyfriend Dylan Angelo was critically injured. I don't know what happened. I ended up missing the turn. I was looking down. At the scene, the driver admitted he had been distracted, on a call with an airline arranging travel, while his Tesla was in autopilot. He dropped his phone and reached for it just before the crash. I reached out and I didn't see it. And when I popped up and looked, I saw a black truck. It just happened so fast. The family settled their case against the driver, but their attorneys also sued Tesla, arguing the car company and its CEO overstated the capabilities of the car's autopilot technology, which failed to prevent the crash.

25:58Model S and Model X at this point can drive autonomously with greater safety than a person right now. What they have done is created a situation where drivers, unlike other auto manufacturers driving other autonomous vehicle systems, overtrust the autopilot system and truly believe it is, as Tesla advertises, fully self-driving.

26:25Jake Tapper:But one key piece of evidence was missing the vehicle's digital collision data, which could show exactly what was happening with the Tesla before the accident. For years, Tesla claimed it couldn't be located, and argued in court that the driver had time to react if he had been paying attention. So, the family's lawyers brought in an outside expert, an independent hacker known online as Green. I've been kind of extracting those videos for multiple years. Within minutes, Green, who wants to remain anonymous, was able to extract the critical data from the Tesla's motherboard. He then deciphered it for trial.

27:03Jake Tapper:How many minutes did it take you to find it? For me, it took less than five minutes once the data was copied. But so that's just the data on the autopilot. Inside, there was also a transmission record that showed that this data was transmitted to Tesla. The recovered data showed Tesla's autopilot system was engaged prior to the crash and detected several obstacles just before impact. There was a failure of the vision system. It appreciated that there was an end of the road. It knew that it was approaching a T-intersection. It saw my client's vehicle. It saw the pedestrian. It perceived, it predicted all of these things, and it did nothing.

27:47Jake Tapper:Tesla did not respond to a request from CNN for comment. But the company argued in court that it never intentionally withheld the data. The company just did not realize it had the information stored in its servers. Tesla claimed the data actually proved their case, that the driver was not paying attention, and manually sped up before the crash, so the autopilot technology was not to blame. The jury disagreed, finding Tesla 33 % liable for the crash that took a young woman's life, awarding the families$243 million in damages. Tesla has asked a federal court to throw out the verdict, order a new trial, or reduce the damages.

28:26Jake Tapper:Was it rewarding being able to help a grieving family? I'm glad I was able to get the data out for the people to hopefully benefit. It doesn't bring the debt back, unfortunately. But as long as there's a positive outcome for them, I'd feel better about that, I guess. Joining us now to discuss is Missy Cummings. She's director of Mason Autonomy and Robotics at George Mason University. Missy, the verdict is not only a blow for Tesla, but really any company trying to convince folks that their autonomous vehicles are perfectly safe. What was your reaction when you first heard about this case? Did you find it sketchy at all that Tesla initially claimed that they couldn't find the evidence that the hacker found quickly?

29:11Yes, because the data that Tesla uses to populate the user interface on the inside of the car is also the same data that you can use to find out what the car sees when it goes into a situation. So I knew it was highly unlikely that they really could not retrieve the data.

29:32Jake Tapper:You've now built much of your career on studying autopilot and self-driving features. as you see this crash and others like it. Is there one main thing you would say to car drivers and car makers as this technology continues to hit the roads? I think one of the critical aspects of specifically Tesla technology is that they're relying on computer vision only. So they only have cameras trying to predict as their cars move into self-driving operations. And this is simply impossible. We teach students to never rely on a single set of sense data. And so I tell the public and I tell Tesla, you can't do it.

30:18Quit saying that you can do it and concentrate more on actually doing good engineering than doing good marketing.

30:25Jake Tapper:Do you think today self-driving cars are safe? I think actual self-driving cars like Waymo can be very safe in limited areas. Teslas are not self-driving, nor will they ever be under their current architecture. Mr. Cummings, thank you so much for your expertise. Great to have you on. Some of the same top prosecutors leading the effort to charge James Comey once said about retaliatory politics, all sorts of interesting things. We're going to go into the archives and Roll the tape next.

31:04Jake Tapper:And we're back with our law and justice lead. The two charges against former FBI Director James Comey are on false statements and also obstruction of justice. Tying back to his September 30th, 2020 testimony before the Senate Judiciary Committee and also the FBI's Arctic Haze leak investigation, a source tells me. I want to bring in my legal experts Mimi Rocha and Tom Dupree. And Tom, so President Trump said today that he's hoping there will be others charged. That's a quote. As in more of his political enemies in that same Truth Social post he did last Saturday. He said that he hoped that Comey and Schiff and Letitia James would be would face charges.

31:44Jake Tapper:One of his personal attorneys, Lindsey Halligan, said this on Fox News after the raid on Mar-a-Lago back in 2022. Take a listen. It's up to the sitting president to ensure that our criminal system does not unravel into retaliatory or political prosecutions of former presidents and other government officials. It's interesting that she said that because there was a conservative acting U.S. attorney in the Eastern District of Virginia who would not bring charges. Trump fired him a week ago, And now she is the compliant acting U.S. attorney who did bring charges. How times change. And look, to your question, yes, I think this is the first in what no doubt is going to be a sequence of investigations and prosecutions of Trump's enemies.

32:32No question about that. He was very open about that during the campaign. He's been very open about that during his presidency. And he could not possibly have been more open about that in that public tweet that he sent to the attorney general, Pam Bondi. I suspect that Comey was first in the queue because he had the misfortune to have the statute of limitations about to run. So from the Justice Department. Five years from that testimony.

32:52Jake Tapper:Exactly right. The whole case turns into a pumpkin five years after he gave that testimony. So they had to file that indictment if they wanted to charge him on those that basis. They had to file that in the next few days. So that's why we saw the 11th hour change in prosecutors in the Eastern District of Virginia. That's why 24 hours after Lindsey Halligan comes and takes the reins of the office, the indictment gets filed. And Mimi, I want to go back to something that now Attorney General Pam Bondi said during her confirmation hearing. She's talking to Senator Chris Coons, Democrat of Delaware.

33:23Jake Tapper:Can you clarify for me that in following ethics in the law, you'd be willing to resign if ordered to do something improper? Senator, I wouldn't work at a law firm. I wouldn't be a prosecutor. I wouldn't be attorney general. If anyone asked me to do something improper and I felt I had to carry that out, of course I would not do that. It was reported earlier this week that she, Bondi, had concerns about the case. She has since denied that reporting. What are your thoughts as a prosecutor, former prosecutor, about her role in all this? Well, I mean, I assume she would say there was nothing improper about this.

34:05The problem with that is that what the prosecution here is carrying out the desires, the order of President Trump. It is not about what the Department of Justice is supposed to be doing, which is seeking indictments only when the both the standard of evidence, the legal standard and the discretion warrants it. None of that is present here. We know that because of all of the trained career prosecutors who essentially are telling us that by their resignations, by their refusal to go in the grand jury. Right. Right. I mean, she Halligan ended up having to go in herself because clearly, apparently none of the career prosecutors are willing to do it.

34:53That speaks volumes. And so what Bondi either doesn't get or is ignoring is that it is not proper. It is improper to simply follow the will of the president, the desire of the president when it is contrary to ethics, to law and to facts, which, again, we've been told by these prosecutors. So I think she has a very loose definition of what is improper and not improper based on her own political lens.

35:27Jake Tapper:So Lindsay Halligan, Tom, she's never prosecuted a case before. She was an insurance attorney. Then she worked on Trump's defense for the Mar-a-Lago classified documents case. Then she came to the White House. She was doing stuff related to whether stuff at the Smithsonian was too woke. And now she has this case. Here's what President Trump said about it this morning. We'll see, but it's a pretty easy case because, look, he lied. A pretty easy case. So I'm looking at this case and I don't think it's a it's a stupid invented case. I mean, I'm sure there's something here. And there are, I'm sure, attorneys out there who think this is a case that a prosecutor would bring.

36:08But is this going to be an easy case, especially for somebody as under qualified for a prosecutor position as Lindsey Halligan?

36:17Jake Tapper:I don't think it's an easy case. and there is a massive difference, a galaxy of difference, between the evidence sufficient to get an indictment from a grand jury and the evidence you need to prove criminality beyond a reasonable doubt. Which includes intent, right? So it does, absolutely. Especially in a false statement case or a perjury case, prosecutors will tell you those cases may look temptingly easy, but they're not in fact, because a defendant in a false statement case can always claim it was a mere failure of recollection, it was an inadvertent misstatement, they can claim that, well, the other witness just had a different recollection of events, it can be very difficult to prove a deliberate, willful, knowing falsehood.

36:52And so that's what I think these prosecutors are going to come up against. And unless they have some sort of corroborating evidence other than apparently Andrew McCabe's testimony,

37:00Jake Tapper:it's going to be a difficult road. All right, Mimi Rocha and Tom Dupree, thanks so much. Coming up next, the tough road to rebuild in western North Carolina. A year after Hurricane Helene, and this home in western North Carolina still looks like this. I'm Isabel Rosales and I'll bring you the story of recovery live.

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38:10Jake Tapper:In our National League this week marks one year since Hurricane Helene brought death and destruction across six states, including and perhaps especially North Carolina. It has been a grueling recovery process for thousands of North Carolinians, especially in Asheville, a city which thrives on tourism. But several determined business owners working to bounce back are delivering a message to CNN's Isabel Rosales. We are back open for business. It's not often you get to see the remnants of a storm like this a year later. Yeah, so this is one of the houses that you can still walk inside. It's really frozen in time.

38:49Among the damp wood and abandoned belongings, a visceral reminder of what Helene took in minutes. These walls mark the survival of a family. But the loss of a place they once called their little Eden. The water was pouring in and going higher and higher, and so they feared for their lives that they might drown. And so he grabbed a flashlight and a putty knife, and he started hacking through the ceiling right here. Recovery is far from over in hard-hit Suananoa, just outside Asheville, with many families still struggling in mountain country. A year later, what is the need here in this community?

39:25The need is vast. You know, we still have people that are in temporary shelter, through and many people lost their jobs. Businesses were gone. They kind of went through. Amy Cantrell and Pancho Bermejo tell me there's a full-blown housing crisis with tens of thousands of people still displaced. Beloved Asheville is among the non-profits racing to close that gap, building 120 homes and counting. Just a few feet from where the Mills family home drifted. They said it felt like they were inside a boat. Off its foundation. You know, others floating inside their house. Rests their new Eden, built above the waterline of Helene.

40:02And we are in a deep connection now in these Appalachian mountains, and we are stronger than ever.

40:10Jake Tapper:We got some pretty serious... From the heart of Biltmore Village in Asheville... How do we fix this? Joe Scully has been documenting the tireless comeback story of Corner Kitchen. 10 months, more than 300 days through the seasons. Until this moment. Open after 10 months closed. The hometown restaurant, now a welcome home back. And then when we actually started to get people in, it was actually a little scary. Yeah, you got the jitters? A little. This fall, the stakes are higher than ever, as visitors pour into high country to take in the changing foliage. In Western North Carolina, the next few months could make or break a small business.

40:55It's a possible reality that people will not be able to make it if they don't have the guests and the tourists to come for this next three-month period. A Chamber of Commerce survey of mostly small businesses found 90 % of respondents project a revenue loss. And nearly 45 % report a moderate to significant risk of closure. This could be two chicken salads all day. The corner kitchen, back from the brink, and buzzing with sound. And this stark reminder of just how high the floodwaters climbed. Why are we building a place that's flooded before? It's too precious not to try. There's events throughout the community, throughout this weekend to mark this anniversary.

41:41For this community, it is a time of reflection. reflection for what they have lost, and also a time, Jake, of celebration for the progress that they have made here. But with that, there is also a heightened sense of awareness, especially with what's expected to be Tropical Storm Imelda brewing in the Atlantic. Understandably, that has folks around here on edge. And Jake, I'll leave you with this. The family behind this home that we have toured around here, they're going to get the keys to their new home by Thanksgiving. I think. Jake.

42:11Jake Tapper:All right, Isabel Rosales just outside Asheville, North Carolina. Thank you so much. Welcome to The Lead. I'm Jake Tapper. This hour, President Trump's latest comments about the charges, the indictment of former FBI Director James Comey, including his response when asked if he has a list of other political opponents he wants to see prosecuted. Plus, a shocking arrest. The superintendent for a major school district was just detained by immigration authorities, and that's not the only dramatic case involving ICE today. Also, the protests at the United Nations as Israeli Prime Minister Benjamin Netanyahu took the stage.

42:45Jake Tapper:And the lone holdout TV group still keeping Jimmy Kimmel off the airwaves. Perhaps not coincidentally, it's the same one that needs the FCC the most right now. Except there's brand new information about the holdout of Nexstar.

43:04Jake Tapper:The lead tonight, the politics of revenge and retribution in the wake of the Trump Justice Department's indictment of former FBI Director James Comey. President Trump was asked this morning, so who's next on your list? It's not a list, but I think there'll be others. No, there'll be others. Look, it was, that's my opinion. And so I would, I hope there, frankly, I hope there are others. Okay, I'm starting to get the impression that there will be others. Actually, there are plenty already, just to name a few one-time top officials, enemies, opponents of President Trump, currently under investigation that includes New York Attorney General Letitia James, former Special Counsel Jack Smith, former National Security Advisor John Bolton, former Joint Chiefs of Staff Chairman General Mark Milley, former CIA Director John Brennan, former Department of Homeland Security official Miles Taylor, otherwise known as Anonymous.

43:55Jake Tapper:There's a lot more on an article on CNN.com with more names than we have time to list here. Dozens of people have been fired or forced out under investigation. More than 100 who have had their security clearances revoked. So who's next? Our Elena Treen is at the White House and our Let's Signs here in studio. Elena, what are you hearing from Trump's team at the White House? Yeah, look, I asked that exact question, Jake, to White House officials today. Who is next? And they said it is a lot of the names that you listed, a lot of the names that the president himself has been pointing to. One of them that you didn't mention is the Democratic senator of California, Adam Schiff, someone that the president pointed to over the weekend when addressing Pam Bondi on social media.

44:35He also added the names of Comey and Letitia James. All of those people are people that I know the president behind closed doors has been urging for his Justice Department to look into. And this is really, I think, the important context of all of this around the Comey indictment. The president, and again, this is according to my conversations with people in the building behind me has been lamenting over the fact that while he was out of office between his two terms, he had faced several indictments. He was prosecuted, and he believes that his political opponents deserve the same treatment. That is according to my conversations.

45:09And really, we have reported, of course, that the president had been urging Bondi and others to move with these charges against Comey. But it's similar around other political enemies of his as well. And from also my from my conversations with people in the broader Trump administration, they said one of the key signs that they knew the president was really ramping up here and they were expecting charges to come was when he brought in Lindsay Halligan, his former personal attorney, someone who, of course, is a loyalist. She's traveled around with the president, particularly in recent weeks. She's very close to him.

45:40When he put her in the role for the Eastern District of Virginia, that was when they knew really that things were going to happen. And I would remind you that we see a lot of loyalists in the Justice Department as well. There was a reason for that. He's doing things differently this term than he did during his first term. So when he says he wants there to be others, I do expect he's going to push for others. We'll see if we actually see any other indictments, though, like he did with Comey.

46:06Jake Tapper:So what I'm getting from this, Arlette, is that the president doesn't actually have a problem with the weaponization of the justice system. It's just that he thinks that he should be in charge of the weaponization of the Justice Department. We're not really hearing much of an outcry from many Republicans in Congress. You might have Don Bacon here or there, but not a lot. Are they just keeping their head down out of fear that speaking out will put them on the list? Well, Republicans have been very careful not to go against the president on this matter. What we have heard from the majority of Republicans up on Capitol Hill is a celebration of this indictment of Comey.

46:40Lindsey Graham saying that it shows that no one is above the law. Others arguing that James Comey should be held accountable for his statements and actions. As you mentioned, Don Bacon is one of the rare Republicans who has expressed some concern. He said on social media, lawfare undermines our great country. It didn't start in January, but it didn't end either. The continued escalation will only hurt us all. What we have heard from Democrats is they're basically united in their belief that this is an overstep by President Trump, that it's another sign that he is drifting towards an authoritarian type of presidency.

47:13Here is House Minority Leader Hakeem Jeffries earlier today. Donald Trump and the administration continues to weaponize the Department of Justice and go after perceived political enemies in a manner that's inconsistent with the rule of law in the United States of America. It's outrageous. And the American people are going to hold them accountable. What it reflects is a broader attack on the rule of law that should frighten every single American, whether you're a Democrat, an independent or Republican. Now, I think one thing to note in all of this, this is playing out while Congress is out on recess.

47:46The Senate set to return on Monday. We still haven't heard from top Republican leaders like Senate Majority Leader John Thune, House Speaker Mike Johnson. Then there's the Susan Collins and the Lisa Murkowski's. So I think it'll be really telling next week when people are back, when senators at least, are back on Capitol Hill facing questions about reporters about this attempt to politicize the Justice Department by President Trump.

48:08Jake Tapper:Speaker Johnson, you say, well, it turns out I'm going to have him on State of the Union on Sunday morning. So maybe I'll ask him, maybe I'll ask him about that. Who knows? Arlette Sines and Elena Treen, thanks to both of you. James Comey's indictment is the latest chapter in Donald Trump's long-running battle with the FBI. CNN's Brian Todd has a closer look at how we got here. Donald Trump's complicated relationship with the FBI dates back to before he became president. Please, FBI, please go after Hillary. Those provocative days of the 2016 campaign, when Trump was relentless in his badgering of the FBI to investigate his opponent's handling of her emails.

48:46The FBI did not act. I have such respect for the FBI. I am so disappointed. How did they let that happen? She was so guilty. Then, from almost the moment he stepped in the White House, analysts say Trump seemed to view the FBI as his own personal instrument of power. Donald Trump, you know, upended and tried to usurp the FBI in that spring of 2017, and that relationship has never been smooth since. Oh, and there's James. He's become more famous than me. Soon after taking office, Trump pressured then-FBI director James Comey to drop an investigation into former National Security Advisor Michael Flynn.

49:30That was according to Comey himself. I got the sense my job would be contingent upon how he felt I conducted myself and whether I demonstrated loyalty. Trump denied asking for Comey's loyalty, but did fire Comey, later saying he was frustrated over the ongoing Russia probe. He wanted that investigation shut down. He saw it as a political problem, and this was what Comey was up to. Throughout the Russia investigation and afterward, Trump continued to berate the FBI for how that investigation played out. These were dirty, filthy cops at the top of the FBI. But one analyst says Donald Trump wasn't alone among presidents who believed the FBI should be beholden to them.

50:11That is something that has long frustrated presidents, you know, going back to Nixon and Johnson and even John F. Kennedy, that the FBI was not necessarily loyal to them personally. Now, a very different relationship between Trump and the FBI, with Trump loyalist Kash Patel leading the bureau. Some analysts say Patel, despite his claim of being an objective, reform-minded director. Really, you have somebody with very little experience, who is really unconscionably answering directly to the president's whims, it seems like. And he has no kind of brain trust of experience that he will look to to help him.

50:55Now, James Comey asserts he is innocent and says, quote, let's have a trial. Comey alluded to his tense relationship with Donald Trump in an Instagram video following his indictment, saying, quote, my family and I for years have known that there are costs to standing up to Donald Trump, but we couldn't imagine ourselves living any other way. We will not live on our knees and you shouldn't either. End quote. Jake.

51:17Jake Tapper:All right, Brian Todd, thanks so much. Coming up next is circumstances behind a superintendent. being among those swept up in an ICE arrest, and some breaking weather news. Hurricane Umberto is now a major category three storm system. Areas of concern as this hurricane gained strength, coming up.

51:40Jake Tapper:In our national lead, just two days after the horrific attack on an immigration facility in Dallas, ICE is back in the headlines. This time in Iowa, where today, Des Moines Public Schools Superintendent Ian Roberts was arrested by ICE. The Department of Homeland Security says Roberts entered the U.S. on a student visa in 1999 and was given a final order of removal by a judge in May 2024. Officials also say that Roberts was in possession of a loaded handgun at the time of his arrest. Also in Iowa, nearly 100 miles away in Iowa City, immigrant ex-advocates are speaking out about this video of a migrant being detained yesterday in a grocery store.

52:18Jake Tapper:CNN law enforcement correspondent Whitney Wild is live for us outside an ICE detention center near Chicago. And, Whitney, what can you tell us about this arrest in Iowa City? Jake, this is sparking quite a bit of outrage. And what video that was circulated on social media shows is federal agents in plain clothes approach a man named Jorge Gonzalez Ochoa. They grab him, and then he slips out of their grasp and runs into a grocery store. And that's when those agents tackle him to the ground. One agent appears to pull out a taser but does not appear to deploy that taser. Meanwhile, Jorge Gonzalez Ochoa is screaming for help.

52:57Immigration advocates who reviewed this video say that this is an obvious example of too much force. They say it was overly aggressive. ICE says that this man was the target of an intelligence-driven enforcement operation, that he was under investigation for fraud, that he resisted and ran from law enforcement officers as they were trying to make this arrest. His fiance, Jake, says that he was working, that he was the father of a baby, and that he was checking in with Immigrations and Customs Enforcement and, in fact, was wearing an ankle monitor to track his location, Jake.

53:29Jake Tapper:Whitney, you're also learning more about an ICE officer who has apparently been relieved of his duties. This is in New York. What can you tell us about that? This happened yesterday morning, Jake. A video also circulated on social media shows that there's a woman and a young girl clinging to a man who was being detained at an immigration facility in Manhattan. And what you see are federal agents peeling that woman and her daughter off of the man who is that woman's husband, who is that girl's father. And then later, Jake, in another video, you see her, the woman pleading with a federal agent. She's crying.

54:03She's speaking to him in Spanish. Meanwhile, that agent is saying adios, adios. And then in an instant, Jake, it's like a light switch that that agent grabs her. He shoves her down the hallway several steps until eventually, you know, basically crashing on top of her as she falls to the ground and appears to hit her head on the ground. Again, this is another video that we've seen of ICE agents interacting with the public that is sparking quite a bit of outrage because there's major concern that these actions are far too aggressive. In the New York case, ICE says that that officer is under investigation.

54:38DHS put out a statement today saying that the officer's conduct in this video is unacceptable and beneath the men and women of ICE, adding that the agency is conducting a full investigation, Jake.

54:50Jake Tapper:All right, Winnie Wild outside Chicago, thanks so much. A sleeper hurricane season no more. A new update just came in on Umberto, which is now a major category three hurricane. It's not expected to make landfall, but it will likely be playing a a big role in steering a system right behind it. We're gonna get the brand new forecast ahead.

55:13Instagram teen accounts have automatic protections for what teens see and who can contact them. Plus, time management tools. And Instagram will continue adding built-in safety features to help create age appropriate experiences. Learn more about teen accounts and Instagram's ongoing work to protect teens online at instagram.com slash teenaccounts.

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56:00Jake Tapper:Breaking news in our national lead. A rapidly strengthening hurricane is plowing through the Atlantic right now and could influence the track of a different intensifying storm, one that could directly impact the United States. CNN's Derek Van Dam is in the Extreme Weather Center. Derek, what should people on the east coast of the U.S. be bracing for? Well, the latest discussion from the National Hurricane Center paints a sobering picture that there is an increasing threat of urban and flash flooding across coastal Carolinas into Georgia and the southern portions of the mid-Atlantic. That is for the first parts of next week.

56:36And that is all because of this cluster of disorganized showers and thunderstorms, which they've deemed potential Tropical Cyclone 9. Who would have thought that we would be in a tropical traffic jam over this part of the western Atlantic? But here we are. We've got major Hurricane Umberto, and that's going to play a factor in this storm's evolution, which is, by the way, future Imelda. And this forecast cone, the first one issued by the National Hurricane Center, paints a picture. Look at what's happening between Tuesday and Wednesday. Look at that slow forward progress of this storm. That says to me that the National Hurricane Center has seen what we are seeing in our computer models, that maybe the steering currents are going to collapse, and this thing could potentially stall across the southeast coast.

57:21Not what we want. So it's all about the progression and how quickly Umberto and PTC9, future Imelda, move. This Bermuda high shifts to the east, allows for a recurve of Umberto. So there are three possibilities with future Umelda. Does it go straight into the coast? Does it stall near the coast? or does it get slingshotted out to sea because of its interactions with Umberto? I'm going to show you one computer model. This is the European model. Here's Umberto, future Imalda. Look at Tuesday afternoon and evening, how this system kind of stalls over this region. Jake, this is a concern because some of our computer models are depicting over a foot of rain across coastal Carolinas.

58:03That will cause problems.

58:05Jake Tapper:All right, Derek Van Dam in the Extreme Weather Center. Thank you so much for that update. and our politics lead. The Trump administration launched an internal investigation this week into FEMA employees who signed a letter to Congress titled the Katrina Declaration, accusing the Trump administration of undermining the agency and appointing unqualified leadership. This, as more staffers speak out about the head of FEMA, David Richardson, whom CNN previously reported, was apparently nowhere to be found in the immediate aftermath of that catastrophic flooding that swept through Texas in July, taking dozens of lives.

58:40Jake Tapper:Richardson told lawmakers he was on vacation at the time, but jumped in, quote, immediately. Joining us now, former FEMA Administrator Deanne Criswell. Administrator Criswell, what are your main areas of concern as the agency under this leadership gears up to respond to the next big storm, which could, I hope it doesn't, but could hit the East Coast next week? Jake, I think the biggest thing that we would want to see right now is that they're able to actually do the planning to be able to respond and help those communities that might be impacted. I would assume that they're having conversations with the states that are in the potential impact zone, and they're making plans on where they could potentially move resources to pre-stage ahead of landfall so they can immediately go in and support, you know, if there is a big impact.

59:27I'm hoping that they learn the lessons from what happened in Texas and that they'll be able to do these actions without waiting for additional administrative approvals of spending funding, because that's just going to slow down the ability for FEMA to respond and help these communities.

59:43Jake Tapper:The Washington Post has a new report this week with revealing interviews from current and former agency officials who describe Administrator Richardson's general lack of urgency, not just that he couldn't be found when those horrific floods were coming through in Texas. What are you hearing directly from people still at FEMA? Well, I think when you look at acting administrator Richardson, it's a good example of why following Hurricane Katrina, Congress enacted statutes that required the FEMA administrator to have experience in emergency management. And if you have a person in that role that has experience, then they know that they're going to have to be there immediately, that they're going to have to engage with the team.

1:00:26They're going to have to provide the leadership intent. they're also contacting the governors of the areas that are going to be impacted. And so I think what the people that are at FEMA are concerned about is that they're moving forward with planning, but they don't necessarily have the leadership intent and what it is they're expected to do. And so their hands feel tied at times, I would assume, in their ability to do the things that they know that they can do and should be doing.

1:00:53Jake Tapper:According to The Washington Post, when asked about Administrator Richardson and FEMA's response in Texas, the FEMA press secretary said in a statement, quote, many in the federal government, including Acting Administrator Richardson, have loving families to attend to and to take care of. President Trump and Secretary Noem included, unquote. And yes, sure, that's true. But this job, right? Correct me if I'm wrong, but the FEMA administrator has to be available anytime, anywhere, regardless of family obligations, no? Yeah, you're spot on there, Jake. I had a response time of 15 minutes. I had to be able to be on the phone with the president within 15 minutes if there was a significant event that was happening.

1:01:37That means that you do have to sacrifice some of the time that you spend with your families. I mean, I wish I knew that I could have gone on and went and visited my family instead of canceling all of my plans to be able to go in and support these communities who want to see their government leaders. They want to see them on the ground and they're helping them. And so, yes, when you're in a position like this, we all have loving families, but it's also the support of our families that makes it so we can do our job and be successful in our jobs.

1:02:06Jake Tapper:Former FEMA Administrator Deanne Criswell, thanks so much to you. Appreciate it. Coming up, the unusual circumstances behind a man's death after riding a very new roller coaster at Universal Orlando Resort. Civil Rights Attorney Ben Crump took up the case, and he's going to join me next.

1:02:25Jake Tapper:Internationally, today is the funeral for the man who died last week after riding on the Stardust Racers roller coaster at Universal Orlando Resort's brand new theme park, Epic Universe. A medical examiner says 32-year-old Kevin Rodriguez Zavala died from blunt impact injuries, ruling his death an accident. But his family wants to know what exactly went wrong. Attorney Ben Crump is representing Zavala's family, and he joins us now. So, Ben, as this investigation continues, Florida state inspectors are saying their initial findings align with that of the theme park's leaders and inspectors who say the ride was working correctly.

1:03:03Jake Tapper:But if it was working correctly, what happened? That's the question, Jake. And his family are devastated, as many in the community. If there were no malfunctions, and we'll take them at their word, but obviously there were some safety issues for this 32-year-old man to end up dead. I mean, you are not supposed to go on roller coaster rides and amusement parks and end up dead. And now, Jake, we are finding that others have said that they suffered head injuries from going on that same ride. So a report from the Orange County Sheriff's Office says Zavala's girlfriend, who was on the ride with him that night, noted that he had a preexisting spinal condition.

1:03:57Jake Tapper:We should note he used a wheelchair. He was taking medication. But you and the family say he was a roller coaster enthusiast. He had been on roller coasters before and was fine and all those experiences. And that the Universal employees did not say anything to him as they helped put him on the front row, the front cart of this roller coaster. Do you have any impact, any idea of what caused this blunt impact injury that the medical examiner says was was why he died? You know, we will only be speculating right now, but based on what witnesses have said that night and then others who have ridden on that ride saying that they, too, have suffered injuries, it leads me to believe it's some kind of design issue.

1:04:45But we have to get the answers because as Kevin's mother and father, Carlos and Anna said, it's tragedy that we lost Kevin. It would be a greater tragedy if another family lost their loved one due to them riding on a roller coaster, Jake.

1:05:06Jake Tapper:Is the roller coaster still operating? Is it still going? No, not at this time. And the family has asked that until all the investigations are finished and they figure out how this happened, that it should stay out of operation. Because God forbid, Jake, if this happened to another person. Yeah. Have you seen any videos from when Zavala was on the ride or heard from any witnesses other than his girlfriend? Yeah, we have heard from witnesses who have contacted our office. And then, as I said, we heard from people saying, no, no, we also suffered head injuries and those things on this ride. So hopefully Universal Studios, who is the parent company of this epic universe, will take heed.

1:05:53And they said safety is paramount to them. So if that is the case, make sure we get answers because Kevin deserves answers.

1:06:06Jake Tapper:All right, Ben Crump, thank you so much. Really appreciate it. Keep us posted on the case and all the other important work you do. Thank you, Jeff. Good to have you in studio. Coming up next, a dramatic walkout at the U.N. Just as Israeli Prime Minister Benjamin Netanyahu approached the podium earlier today. His message after this moment of protest, next.

1:06:26Jake Tapper:In our world lead earlier today, dozens of diplomats walked out in protest as a defiant Israeli Prime Minister Benjamin Netanyahu vowed to, quote, finish the job of rooting out Hamas in Gaza in his UN address earlier today. Netanyahu also used some props to highlight the threats that Israel has eliminated since the October 7th, 2023 attack. half the Houthi leadership in Yemen, gone. Yurkia Sinwar in Gaza, gone. Hassan Nasrallah in Lebanon, gone. The Assad regime in Syria, gone. Those militias in Iraq, well, they're still deterred. Iran's top military commanders and its top atomic bomb scientists, well, they're gone too.

1:07:16Jake Tapper:Netanyahu is expected to visit with President Trump at the White House on Monday. Here now is Democratic Senator from Oregon, Jeff Merkley, who serves on the Senate Foreign Relations and Appropriations Committee. Senator, thanks for joining us. Shortly after Netanyahu's address, President Trump said this about the war in Gaza. It's looking like we have a deal on Gaza. I think it's a deal that will get the hostages back. It's going to be a deal that will end the war. It's going to be a deal with, it's going to be peace. Senator, last week you introduced a Senate resolution calling on President Trump to recognize a Palestinian state.

1:07:49Jake Tapper:What's your reaction to President Trump saying that all parties are close to a deal? I feel like I've heard that many times in the last year. Wouldn't that be wonderful? We have a horrific situation in Gaza, really ethnic cleansing in operation through a strategy of destroying homes so no one can return to them, and of deprivation, depriving the people, the two million people of both food and water and medicine intended to drive the Palestinians out of Gaza. There's nothing that would be better than a sustained peace that results in immediate return of all the hostages and results in a massive influx of aid.

1:08:27But we also have to think about what comes next. And that's, Jake, why I introduced the resolution. and 10 senators have stepped forward to support it, saying we really have to push towards securing the two states to recognize a Palestinian state. That was the vision in 1947. We created one state, but we didn't, Israel, we didn't create the other state, the Palestinian state. And it's been a festering wound that has resulted in a cycle of violence now for almost eight decades. We need to end it.

1:08:57Jake Tapper:The Arab League has said that Hamas cannot be part of any future Palestinian state. Do you agree? Absolutely. And so has the Palestinian Authority. And they've also agreed to have a demilitarized state, which I think that's another important element in this. I want to ask you also about the major domestic news going on. President Trump was asked about the indictment of James Comey today. Take a listen to his reaction. These were corrupt, radical-left Democrats. Because Comey essentially was worse than a Democrat. I would say the Democrats are better than Comey. But no, there'll be others. There'll be others.

1:09:34Jake Tapper:So he's suggesting that there will be other political opponents who will be prosecuted. Your reaction? Well, the immediate reaction is that the U.S. attorney that he nominated for Virginia proceeded to say there is no case here. So he was fired. Then an acting attorney came in, Lindsey Halligan, and she proceeded to produce the indictment. This is a setting up kind of the activation of the U.S. government as an entity that seeks retribution against his enemies. In other words, nonpolitical entities, including the Department of Defense, the Department of Justice, even the Federal Communications Council, all of them being activated in order to create an authoritarian strategy.

1:10:21We are, Jake, at this moment in the most perilous stage of my lifetime in terms of the survival of our constitutional vision of separation of powers and checks and balances. And having the president on this particular case go after his enemies by firing a U.S. attorney in order to get an indictment is just a very clear example. But one of now dozens of this authoritarian impulse that we as Americans who have signed up to a vision of a constitution that says this is government by the people, not by an authoritarian, need to push back everything we have.

1:11:00Jake Tapper:Well, what would you say to somebody who says, look, Comey will get his day in court. The grand jury that handed down this indictment is from the Eastern District of Virginia, hardly a bastion of conservatism. And ultimately, while what President Trump said it might be unsettling, at the end of the day, it's possible that there's a case here. Well, recognize that when the President of the United States puts his Justice Department into full gear to go after his political opponents. That is an authoritarian government in action. And yes, maybe there will at the end of a court case be a vindication for Mr.

1:11:44Comey, but realize the torture that that puts him through. And if the case wasn't strong enough, that a U.S. attorney who was nominated by Trump, who was confirmed by the Republican Senate, said there's no case here, that's an indication that the president is intervening in what has been kind of the nonpartisan sentiment, a pursuit of justice, equal justice under law, as carved above the pillars on the Supreme Court, is being replaced by unequal justice, where the power of the government is directed against the president's political opponents. That is a very dangerous place to be. He's already threatening Adam Schiff with the same kind of treatment, a member of the Senate and so forth.

1:12:23This retribution strategy is absolutely wrong in any country, but certainly wrong here where we're supposed to have a government guided by the Constitution.

1:12:34Jake Tapper:So a possible government shutdown is looming. It looks more likely as Democrats and Republicans are not coming into any sort of agreement to fund the government today. The Hill reports that some Senate Democrats might be open to working with Republicans. Quote, Democratic sources familiar with internal caucus discussions, say there are a handful of Democratic senators who want to avoid a government shutdown, unquote. What do you think, what are you hearing from your fellow Democrats as this deadline approaches? You know, in 2013, then president, well, he wasn't president then, but in 2013, Donald Trump said, hey, if there is a shutdown, it's on the head of the president because it's the president's responsibility to bring people together and reach a deal, hear both sides out and reach a deal.

1:13:18Well, now what he's doing is canceling the meeting that was planned yesterday with the Democratic leadership to pursue the discussion of two key things. One of those things is that we have to protect the constitutional power of the purse resting with Congress. And that, of course, has been highlighted by the Supreme Court decision today. And the second is devoid the horrific impact on health care that will be coming on Americans just shortly because the open period for buying policies on the Affordable Care Act exchange opens November 1st. And we're looking at an anticipated increase of 65 % for Americans,$1 ,300 a person, some$5 ,000 for a family of four.

1:14:01Like the healthcare impact of the big, ugly betrayal of a bill is enormous. This must be addressed.

1:14:07Jake Tapper:Senator Jeff Merkley from Oregon, thank you so much, sir. Appreciate it. Let's bring in the panel. So we should note Jimmy Kimmel's back on the air. And tonight, viewers nationwide are going to be able to tune in because both Nextar, which owns which the biggest owner of local TV stations in the country, and Sinclair, which owns our local ABC affiliate here in D.C., both of them ended their blackout or boycott of Kimmel. and a statement Sinclair Broadcast Group says, quote, our decision to preempt this program was independent of any government interaction or influence. Do you believe him? No, it was a business decision that led them to take him off the air and a business decision to put him back on.

1:14:47And it would have been unsustainable for either Sinclair or Nexstar to keep Jimmy Kimmel off the air. One, because people were starting to cancel their subscriptions and get upset, but two, because they were losing money over it. This came down to money, not the morality, Jake.

1:15:01Jake Tapper:It appears President Trump is unwillingly making late night TV great again. Take a listen to Jimmy Kimmel last night who made light of his show being preempted and the reaction to it all. Even though we're still being preempted in 60 American cities on Tuesday, we had our second highest rated show in almost 23 years on the air.

1:15:27Our monologue from Tuesday night has more than 21 million views just on YouTube alone. And I want to say, we couldn't have done it without you, Mr. President. What do you think? Well, it's an example of not bowing down, not turning over, not letting the president just have his way simply because he's the president of the United States of America. Now, this could have gone either way for Jimmy Kimmel, but it's going to take some type of courage. And I hope that's something the American people understand, especially looking at what has happened with James Comey and his statement saying that, you know, we'll see you in court.

1:15:58And I wish more people, more people have that mental toughness. I wish more people understood how much of the American public would support them in an effort standing up to a president that has taken us down this road to authoritarianism. But we're already there.

1:16:12Jake Tapper:I was talking to a guy. We're doing a special on free speech that's going to air Sunday night at nine. I was talking to the guy who one of the guys who runs FIRE, which is a free speech organization. And he said this is a perfect example of the Streisand effect. I don't know if you guys know what that is, but the Streisand effect is Barbara Streisand was trying to keep her Malibu home off of maps. And because she was trying to do that, legendarily, she brought more attention to the location of her home. And it's a perfect example because President Trump said to the country, basically, you can't watch this.

1:16:42Jake Tapper:I don't want you to watch this. And he got these incredible ratings. Yeah, whatever you do, don't look at my necktie right now. Please don't look at my necktie right now. I'm capable. Everyone is going to look at my necktie. It's a nice time. Thank you very much. But that's exactly it. By attempting to silence it, they drew more attention to it. It backfired. Yeah, they didn't do what they did with the Epstein files, which is try to divert, divert, divert. Although, I don't know if you knew this, but President Trump, this is true. This is not a joke. President Trump just posted on Truth Social that he's going to release the files related to Amelia Earhart.

1:17:11Jake Tapper:I'm not joking. So he's in the E's. As long as you're in the E's, Mr. President. And there's some other files in the E file. Several well-known stand-up comedians, some of my favorites, in fact, Dave Chappelle, Louis C.K., Aziz Ansari, Pete Davidson, they're performing at the Riyadh Comedy Festival, which started today in Riyadh, Saudi Arabia. They are coming under some criticism from some fellow comics for ignoring Saudi Arabia's human rights abuses, ties to 9-11. Here's what Marc Maron posted on Instagram. I mean, how do you even promote that? You know, like, from the folks that brought you 9-11, I mean, the same guy that's gonna pay them is the same guy that paid that guy to bone saw Jamal Khashoggi and put him in a f***ing suitcase.

1:17:58Jake Tapper:But don't let that stop the yucks, it's gonna be a good time. I'm kind of surprised actually, because some of these comedians, their profiles would suggest that they wouldn't need, first of all, they don't need the money, but second of all, that, I don't know. It is a different kind of money over there. Right. But what do you think? Well, so my thing is, look, we have comedians being silenced. We have comedy being silenced right here in America. And I hope that, you know, those folks who are going over there, especially thinking about some of the content that they have put out before that has seemed to have taken a stance against authoritarianism, has seemed to have taken a stance to free speech or for free speech.

1:18:34And I hope they use that as a moment to call an account. Like, what are we going to stand up for? What are we going to uphold? Are we going to uphold human rights universally or not? Are we going to uphold free speech universally or not? Are we going to hold power to account universally or not? And there is a chance for them to do so. Will it happen? I don't know. But that is the route that I would take.

1:18:53Jake Tapper:I would love to see Chappelle take on MBS. Oh, my God. That would be outstanding. I love Chappelle and all of those comics, too, Jake. But look, when are we going to stop laundering the reputation of the Saudi government? It's Next do the LIV golf. Next do everything they have to do with soccer. You know, look, all of these comics, and I love them and their work. They don't need the money and certainly don't need the eyeballs. They can sell out any arena in the United States. Why Saudi Arabia of all places? CNN is just learning that President Trump asked the U.S. Supreme Court to decide whether they can end birthright citizenship.

1:19:28Jake Tapper:This is the second time this issue is back before the justices for the second time this year. What do you make of this request? Well, look, it's unfortunate, right? Like this is this is something that he's been trying for a long time. And if he hasn't gotten his way, he's going to attempt to again. Like the Supreme Court has already given him enough power and authority with this with giving him immunity. And I am afraid. Like I'm always concerned. Anytime the president brings something to the Supreme Court, because they have mostly opened the door for him to exact his will in the American people before people who work, who have gotten their birthright citizenship.

1:20:00It is a fundamental part of American society and American existence, but not unlike anything else of our fabric of this country that Donald Trump is unraveling in real time in front of our faces. And I want people who are watching today to understand, to know that how you see this country, what you come to know as a norm may not be the case next year because we see how quickly this administration is acting. It does not matter whether we saw abortion rights taken away in this country, something we never expected to happen, something we never would have imagined. Now birthright citizenship, the list goes on and on.

1:20:35And if you are a person who abides by the Constitution, who understands and appreciates everything America has to offer, you should be afraid and concerned. You should stand up. And very, very quickly, it seems like the Constitution is pretty clear. Constitution is pretty clear, and virtually every court and every serious scholar who's looked at this issue has found that the language is very specific. The language is explicit on its face. It's a somewhat fringe theory that the other folks are sort of viewing on. The Supreme Court hasn't really looked at the substance of it. I think they're going to go with the Constitution.

1:21:05Jake Tapper:If he really cares that much, he could amend the Constitution. But that's a lot of work. Thanks to both of you. This note, I'm going to take a special look at the Kimmel case. Free speech this weekend on a whole new episode of The Whole Story with Anderson Cooper. That's Sunday night at 9 Eastern. And right after that, don't forget to watch CNN's Omar Jimenez in depth. on the Trump administration's fight with Harvard. That's on the whole story at 10 o 'clock Eastern. All this only on CNN. A big heads up for those of you who drive BMWs. You're gonna wanna hear this. Plus, a rather disturbing report two months after that deadly shooting at the Manhattan office tower that houses the NFL headquarters.

1:21:37Jake Tapper:What the medical examiner confirmed about the shooter. That's next.

1:21:47Jake Tapper:Our last lead start in our health lead, the former high school football player who shot and killed four innocent people at the NFL headquarters in Manhattan in July, did have CTE. The New York Medical Examiner's Office described it as low-stage CTE, which is a degenerative brain disease linked to repeated head injuries often sustained in contact sports. The gunman shot himself in the chest and left behind a suicide note blaming the NFL. And the National, he talked about Hot Wheels, the National Highway Traffic Safety Administration says owners of nearly 200 ,000 and BMWs should not park in the garage because the cars can short circuit and go up in flames.

1:22:27Jake Tapper:The fire risk is related to a problem with the engine starter. The recalled models date between 2019 and 2022. I just posted the full list from CNN.com on most social media accounts if you want to know which BMWs are being recalled or being warned about, rather. Coming up Sunday, State of the Union, House Speaker Mike Johnson. That's Sunday morning at 9 Eastern and again at noon here on CNN. And if you ever miss an episode of The Lead, you can listen to the show once you get your podcasts. Eboff, Aaron Burnett, starts now. See you Sunday morning.

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