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U.S. Bombs ISIS Chemical Weapons Factory in Iraq; Bill Clinton: Foundation More Transparent than Others; Clinton Aide Who Set Up Clinton Server Testifies on Capitol Hill; Pence: Trump & I Have Denounced David Duke. Aired 11:30-12p ET

Aired September 13, 2016 - 11:30   ET



[11:32:55] KATE BOLDUAN, CNN ANCHOR: Some breaking news out of Iraq. CNN learning that U.S. warplanes have bombed a factory that ISIS might have been using to make chemical weapons.

CNN Pentagon correspondent, Barbara Starr, is here.

Barbara, what are you learning?

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Good morning. We just concluded a press briefing from the top U.S. air official, air ops official that is overseeing the mission against ISIS in Iraq and Syria. The general told reporters a short time ago there had been a series of strikes against the suspected ISIS chemical weapons plant in Iraq. U.S. warplanes, fighters and bombers striking this facility at some 50 specific points in this complex. They believed it was a chemical weapons headquarters for ISIS that they might have been using it to make either chlorine or mustard agent. Something ISIS repeatedly used against civilians in Iraq. Its agents are not difficult to make. U.S. warplanes go after them. It is really about trying to protect the civilians against this activity from is.

Back to you guys.

BOLDUAN: Barbara Starr, thank you so much.

We'll keep an eye on that.

We'll also keep our eye on politics. Brand-new pushback this morning from Bill Clinton over the transparency of the Clinton Foundation and claims that donors received special access while Hillary Clinton was secretary of state.

Here's the former president on CBS this morning.


BILL CLINTON, FORMER PRESIDENT OF THE UNITED STATES: We have been as transparent as we can be and we've been more transparent than any other foundation. More transparent than any foundation has ever been asked to be. And certainly, more transparent than anybody else in this line of work is. (END VIDEO CLIP)

JOHN BERMAN, CNN ANCHOR: This as Donald Trump comes under fire for his own charitable foundation. There are reports he has not personally donated to it since 2008.

We're joined by Basil Smikle, a Hillary Clinton supporter and executive director of the New York State Democratic Party; also Harlan Hill, a Donald Trump surrogate, a former Bernie Sanders supporter.

Harlan, thank you for being here. First time on the show.


BOLDUAN: Let the hazing begin.


BERMAN: I won't haze you.

Hillary Clinton has come under a lot of fire. You heard Bill Clinton responding to it right there, transparency and accounting for it over the years. Why isn't it fair to ask about Donald Trump and his foundation and the fact he hasn't given money to it since 2008, and where the money's coming from? Doesn't he need to answer these questions?

[11:35:26] HILL: It's a totally fair question. Don't know whether the Clintons last game money to their foundation --


BERMAN: It's in the tax returns. Sorry, it's part of their 2015 tax returns. That answer is answerable because they released them.

HILL: My issue is there's an attempt to drive a false moral equivalency between the actions of the Clinton Foundation and the actions of Trump through his foundation. There isn't. The Clintons' foundation has acted to advance the interest of foreign nationals, including Saudi Arabia, Bahrain, places that rely, you know, suppress people of LGBT rights and women's rights --


BERMAN: Sorry, sorry --


BERMAN: They have taken money from them.

HILL: Yes.

BERMAN: You say they worked to advance the interest of them. Where's the proof the Clinton Foundation has ever done anything against --

(CROSSTALK) HILL: One example is, for instance, Saudi Arabia. They also took money from Boeing, $5 million, the Clinton Foundation. Within two months, there's a contract negotiated where the Saudis bought new fighters. This is without answering human rights --


BASIL SMIKLE, EXECUTIVE DIRECTOR, NEW YORK STATE DEMOCRATIC PARTY: But you're saying they advanced the interests of these nations. That's a horrendous allegation. With respect to what Trump has done. Look, think the face said that has been erected around his business dealings is becoming more porous either day. The fact of the matter is here is an individual who engages in what looks like Pay-to-Play, number one, with respect to the attorney general in Florida. And number two, with respect to the foundation. It's nothing of his own money, except perhaps one specific foundation. All he's doing is moving money from one individual group to another through his organization. Coming across as he's a charitable individual. We believe now that's not the case. We don't really know for sure --


HILL: This is an outrageous statement --


BOLDUAN: Harlan, hold on.

Isn't that kind of what's hanging over, no matter how strong the organization, the Clinton Foundation has appearance of problems, is that no one knows, because Donald Trump won't release records to prove anything one way or another, with regard to his charitable givings?

HILL: No he has release records. There are five disbursements in question, totaling $51,000. You contrast that with the questions on Pay-to-Play with the Clinton Foundation. She took 85 meetings with people that donated $156 million to the Clinton Foundation. If we're going to talk about Pay-to-Play --


SMIKLE: To do HIV/AIDS work in Africa --


HILL: You can make that wide sweeping statement.

SMIKLE: I can because I've gone to Africa to see it in action.

HILL: Courtesy of WikiLeaks, we have proof that without question there was a Pay-to-Play scheme that was run between Huma Abedin and high-ranking officials --


SMIKLE: Not the case, not the case -- (CROSSTALK)

HILL: People wanting to get jobs --



HILL: We do, we do know that.

SMIKLE: We know Donald Trump gave $100,000 to the Citizens United Foundation and has --


SMIKLE: Has also hired --


SMIKLE: And has hired the individuals from Citizens United to run his campaign. So you tell me where -- tell me what the connection is. Because I can see it quite clearly.

What you fail to understand is the money the Clinton Foundation received went to do good works all over the world. That is proven. Rating agencies have highlight rated the Clinton Foundation as being incredibly charitable, doing good work and have kept their administrative costs low. We can talk about transparency but --


SMIKLE: Where is Donald Trump --


BOLDUAN: No one can understand when you guy talk over each other.

Bill Clinton taking questions, doing interviews about the foundation. Bill Clinton didn't like having questions asked of him. I think that's part of the problem. Both sides think that scrutiny is more of a one-way street the other way. Kellyanne Conway was on CNN this morning and was shocked when questions came to her of how much did Donald Trump give of his own money to his charity, even saying do you accuse him of lying. Scrutiny doesn't go one way though, right. If you want to see scrutiny --


BOLDUAN: -- on the other side to be fair?

HILL: Absolutely. I think Trump will step up to the plate and answer all the questions --



SMIKLE: After the election perhaps.

BERMAN: Where's the evidence he's going to release his taxes?

HILL: He has said he will absolutely release them as Governor Pence did once he's through this audit.

BERMAN: He said he will release the taxes after Barack Obama released his birth certificate. He has said this before and then not do it. The fact is after the election doesn't count any more.

[11:40:09] HILL: That wasn't when he was candidate for president of the United States --


BOLDUAN: He also said to Bill O'Reilly, I will release them immediately if Hillary Clinton releases all her missing e-mails.

HILL: She hasn't released all her missing e-mails.

BOLDUAN: That means he could if he wanted to.

HILL: He's being hyperbolic to an extent.


Look, he also said if she releases her full medical records, he'll release his tax returns, too.

SMIKLE: Let's talk about those medical records because she has said today she's actually releasing more and more medical records so she will become more transparent. Donald Trump is still hanging on --


BERMAN: Donald Trump going on Dr. Oz later this week. We'll see what he gives to Dr. Oz.

BOLDUAN: I feel like we worked out this whole problem right here.


BERMAN: Great to have you with us.

BOLDUAN: Thanks, guys.

Under way right now, a hearing on Hillary Clinton's missing e- mailings. Will the aide who set up the private server testify? Interesting developments moments ago. We'll take you to Capitol Hill live.

(COMMERCIAL BREAK) [11:45:25] BERMAN: Happening now a former Clinton aide who helped set up Hillary Clinton's private e-mail server in 2009 is testifying before the House's Oversight Committee.

BOLDUAN: CNN's Manu Raju has been watching all of this.

Manu, what are they going other right now?

MANU RAJU, CNN SENIOR POLITICAL REPORTER: Interesting development this morning, Kate and John. Brian Pagliano, a former Clinton aide, who helped set up that private server, also did not show up at today's hearing even though he was served with a subpoena to serve -- to come to this hearing, citing his Fifth Amendment rights, said he wouldn't show up. Mr. Pagliano's lawyers actually sending a letter to the committee saying that this -- he wouldn't show up because he called it a transparent effort and a purely political effort, in the words of Mr. Pagliano's lawyers.

Mr. Cooper, who did set up that private -- who also helped Mr. Pagliano set up that private e-mail server in 2009. Justin Cooper, a former Bill Clinton aide, did testify this morning, to wit, in front of this House Oversight Committee.

Here's a little bit of an exchange he had with Jason Chaffetz, the House Oversight Chairman.


REP. JASON CHAFFETZ, (R), UTAH & CHAIRMAN, HOUSE OVERSIGHT COMMITTEE: You had full access to the server the entire time you were working for the Clintons?

JUSTIN COOPER, FORMER BILL CLINTON AIDE: Yes, I had access to the server.

CHAFFETZ: And you have no security clearance?

COOPER: I have no security clearance.


RAJU: Now, watch for the House Republicans to go after Mr. Pagliano for not showing up at today's hearing. Mr. Chaffetz saying it was not an option for him not to show up, saying they're going to go through all possible options in order to go after him. Democrats say he had an agreement with the FBI, limited immunity agreement, that allowed him to not testify today. This legal argument going forward is another sign the fight over Clinton e-mail server isn't going away any time soon.

BERMAN: Manu Raju, up on Capitol Hill, thanks so much for watching. Keep us posted.

BOLDUAN: Right now, Donald Trump's running mate is meeting with lawmakers in Washington. He's also facing more questions about David Duke, the former head of the KKK. Does David Duke fit into the category of deplorable? Here's what Mike Pence says today.


[11:51:35] AT THIS HOUR hour, Donald Trump running mate, Mike Pence, is meeting with Republican lawmakers on Capitol Hill. He spoke with House leaders and spoke with reporters a short time ago and was asked about David Duke. He refused to call the former KKK leader deplorable when asked about this exchange yesterday with Wolf Blitzer.


MIKE PENCE, (R), INDIANA GOVERNOR & VICE PRESIDENTIAL CANDIDATE: I'm not really sure why the media keeps dropping David Duke's name. Donald Trump denounced David Duke repeatedly. We don't want his support and people whose support think like that.

WOLF BLITZER, CNN ANCHOR: You would call him deplorable?

PENCE: No. I'm not in the name-calling business, Wolf. You know me better than that.


BERMAN: Hillary Clinton jumped on this, at least on Twitter, saying, "If you won't say the KKK is deplorable, you have no business running the country."

And joining us, Virginia Congressman Rob Wittman, a Donald Trump supporter and a member of the House Armed Forces Services Committee.

Thanks for being with us.


BERMAN: Congressman, what's wrong with calling David Duke deplorable?

WITTMAN: I think you've heard both from Mr. Trump and Mr. Pence they denounced him, said he's not a good individual. I think that what's at issue here is where Hillary Clinton has identified a large group of people, folks in my district, farmers, fishermen, teachers, deputies, as being deplorable. She's the one now chastising and impugning large groups of people. Both Mr. Trump and Mr. Pence have been clear about David Duke, his words and his actions. To me it's trying to redirect the conversation away from Hillary Clinton's comments back to a single individual that's clearly been denounced by both Mr. Trump and Mr. Pence.

BOLDUAN: Would you call David Duke deplorable?

WITTMAN: I do not agree with anything David Duke has said or done, period. I denounce what he stands for, period.

BERMAN: So, Gregory Meeks, colleague from the state of New York, Congressman from New York just on earlier today and we pressed him on this. He said some Americans are deplorable. Do you agree?

WITTMAN: I believe there are folks that a wide variety of different viewpoints and ideas. I respect those individuals and adamantly disagree with many of their viewpoints. We live in a free and open society where you can freely express those ideas and we know, too, when people cross things they can and cannot do. I believe in our society, that free choice is clear.

BERMAN: But Congressman, Congressman, what Hillary Clinton says is racist, sexist, Islamophobic, xenophobic, deplorable, she was calling those people deplorable. Are they deplorable?

WITTMAN: I would say the way Hillary Clinton classified those groups of people saying half of Trump supporters, a large swath of the United States, how does she determine who individually is racist? Who individually is doing things objectionable? I disagree with the behavior but I'll make sure each individual, we judge them based on what they say and do. Not chastising large groups of people without any kind of determination about whether what they've done or what they've said is indeed by her definition deplorable. I think that -- that making these comments on vast groups of impugning them is the wrong way to go about this.

Now, I absolutely disagree with the behavior but I also, too, give respect to each individual and not providing gross generalities about what they may do or what they may say. I will judge each individual based on their words and their actions.

BOLDUAN: Congressman Rob Wittman, thank you for your time. A lot more to discuss.

[11:55:15] WITTMAN: Thank you so much.

BOLDUAN: Thank you.

A lot going on, on Capitol Hill.

BERMAN: A lot going on.

Our thanks to the congressman. The Congressmen met early today.

President Obama heads to Philadelphia, going on the trail for Hillary Clinton while she is distinctly off the trail. What will the president discuss? We'll be right back.


[12:00:00] ASHLEIGH BANFIELD, CNN ANCHOR: Hello everyone. I'm Ashleigh Banfield. Welcome to "Legal View."

If you think you've seen it all in the 2016 race for president, a race with just 56 days remaining, we got news for you, literally, on CNN. You have not seen it all. The next hour, you're going to see a first. President --