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ERIN BURNETT OUTFRONT

First GOP Debate Lineup Announced; Bush Questions Funding For "Women's Health Issues"; Deputy Sued For Handcuffing Third Grader. Aired 7-8:00p ET

Aired August 4, 2015 - 19:00   ET

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


[19:00:00] KATE BOLDUAN, CNN ANCHOR: OUTFRONT tonight, breaking news announced just moments ago, the lineup for the first republican presidential debate. Who is in, who is out and who will take on Donald Trump?

Plus, Jeb Bush falling behind Trump in the polls getting hammered tonight for a whole new misstep. What's going on with his campaign? And a third greater handcuff behind his back after acting out in class. Is there ever any justification for handcuffing an eight-year- old child? Let's go OUTFRONT.

Good evening, everyone. I'm Kate Bolduan in for Erin Burnett. OUTFRONT tonight, breaking news, the stage is finally set, the ten candidate who will face-off in Thursday's highly anticipated GOP presidential debate have just been announced. Donald Trump will be front and center with Jeb Bush and Wisconsin Governor Scott Walker on either side of him, joining them, Ben Carson, Mike Huckabee, Ted Cruz, Marco Rubio, Rand Paul, John Kasich and Chris Christie. The seven remaining candidates who didn't make the cut, you see them right there, Rick Perry, Bobby Jindal, Rick Santorum, Carley Fiorina, Lindsey Graham, George Pataki and Jim Gilmore.

Our Dana Bash is OUTFRONT with the news tonight. So, Dana, we now know who's on stage, the big question for all of them, how will they handle Donald Trump?

DANA BASH, CNN CHIEF CONGRESSIONAL CORRESPONDENT: That's right Kate. And Republican sources in most of the campaigns so I speak will say, their candidate's goal is really to try to promote their own message, make their own brand as you can imagine. It's not easy to do and the crowded debate stage that you just put up there, especially the first one. Never mind because the fact that the candidates are facing a front runner who is a reality TV star who is very comfortable in front of the camera.

(BEGIN VIDEOTAPE)

BASH (voice-over): Overnight in New Hampshire, this sneak preview of sorts of what the crowded republican debate stage will look like with one glaring exception, Donald Trump who is now leading the GOP presidential pact in multiple polls by double digits.

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: I've had great success and they, you know, just, and people see that and I would put all of that energy and whatever that brain power is, whatever that type of brain -- into making our country.

BASH: Tonight, the key question ahead of the first presidential debate Thursday is how everyone else will navigate the Trump dynamic. Sources close to Wisconsin Governor Scott Walker say he plans to pivot as much as possible to his own record of fighting for conservative principles.

GOV. SCOTT WALKER (R), PRESIDENTIAL CANDIDATE: What will make the difference in how we win the nomination is people realize, they don't just want a fighter, they want someone who can fight and win.

BASH: Jeb Bush was asked if he ever imagined being in a debate with a reality TV star.

JEB BUS (R), PRESIDENTIAL CANDIDATE: When I was growing up we didn't have reality TV, either.

UNIDENTIFIED MALE: Okay.

BASH: Then there is Ohio Governor John Kasich's unorthodox approach.

UNIDENTIFIED MALE: Maybe I'll give him a hug, I don't know.

BASH: Kasich may have only gotten into the race two weeks ago but it was announced tonight he will edge out the candidate who has been itching to go head-to-head with Trump. Former Texas Governor Rick Perry.

RICK PERRY (R), PRESIDENTIAL CANDIDATE: Donald Trump's candidacy is a cancer on conservatism.

BASH: Though there are 17 GOP candidates, debate rules say only the ten with the highest national poll numbers will be on the stage together. It puts Trump on the main stage with former Governor Jeb Bush, Governor Scott Walker, former Governor Mike Huckabee, neurosurgeon Ben Carson, along with senators Ted Cruz, Marco Rubio and Rand Paul and Governors Chris Christie and John Kasich. That leaves seven other candidates hunting for attention in other ways. Lindsey Graham found creative ways to destroy his cell phone after Trump famously out his number on live TV.

TRUMP: I don't know if it's the right number, let's try it, 202 --

BASH: On that note, Trump got a taste of his own medicine. The website "Gawker" published one of the billionaire's numbers and Trump quickly changed the voice mail.

TRUMP: Hi, this is Donald trump and I'm running for the presidency of the United States of America.

BASH: And even those in the top ten are looking for buzz. Ted Cruz cooked bacon by heating up his weapon.

SEN. TED CRUZ (R-TX), PRESIDENTIAL CANDIDATE: Machine gun bacon. (LAUGHTER)

(END VIDEOTAPE)

BASH: Apparently that actually works, Kate. A top aid to one of the ten who will be on that main stage said something to me very interesting, his aide said, historically you didn't win one of these early debates but you sure can lose and that's really been a driving force behind a lot of the prep do no harm -- Kate.

BOLDUAN: Yes. And do no harm. One thing about Ted Cruz, notice he didn't say the machine gun may bacon tastes good. He just said it happened. Understand. Dana, great to see you. Thanks so much.

BASH: You too.

BOLDUAN: OUTFRONT tonight. Jeffrey Lord who served as political director in the Reagan White House. Doug Heye is a former communications director for the Republican National Committee. And David Chalian, he's CNN's political director.

Gentlemen, it's great to see you.

DOUG HEYE, FORMER RNC COMMUNICATIONS DIRECTOR: Thank you.

[19:05:10] BOLDUAN: So, Doug, Dana lays this out really perfectly but we have heard vastly different theories on how the other candidates should deal with the Trump factor. Do they ignore him or do they engage? If it is one or the other, which is it?

HEYE: Well, every candidate is going to do something different and I think what you'll see is candidates look for opportunities. Donald Trump is leading and he's done so well so far because the conversation has always been on his terms and as long as it's on his terms, he'll win the debate. The way to the make it not be on his terms is whether this is candidates or whether it's the moderators for the debate to pin him down on specifics. Immigration is a great issue. Make him explain to the voters exactly step by step what he's going to do about the millions of people who are here illegally. He'll have trouble doing so and that's how we'll begin to see that the emperor not only doesn't have any clothes but he doesn't have any answers.

BOLDUAN: Jeffrey, we've talked about this in the past. I think you, me and Doug have talked about this in the past. Trump has had troubles so far when it comes to detailing its policy positions. Just as a reminder. Here is one example. Jake Tapper asked him to explain his opposition to same sex marriage. Listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What do you say to a lesbian who is married or a gay man who is married who says Donald Trump, what's traditional about being married three times?

TRUMP: Well, they have a very good point. But, you know, I've been a very hard-working person. I have a great marriage. I have a great wife now. And my two wives were very good and I don't blame them.

UNIDENTIFIED MALE: But what do you say to a lesbian or gay man who are married and say --

TRUMP: I don't say anything. I mean, I'm just, Jake, I'm for traditional marriage.

(END VIDEO CLIP)

BOLDUAN: I mean, Jeffrey, you've got to believe that he is going to get called out and quickly if this is how he's going to explain things on the debate stage.

JEFFREY LORD, FORMER AIDE TO RONALD REAGAN: You know, the thing that I keep coming back to is, the reason he's successful is because of his message. People are trying to press him on policy details, you know, in a sort of wonkish style and again, I worked for Ronald Reagan. This was a complaint about Ronald Reagan not only when he was a candidate and sort of coming up through the ranks, this was a complaint about Ronald Reagan when he was actually the sitting president of the United States. That he didn't know the details. Tip O'Neill used to complain about this. This was always a complaint. It never hurt Ronald Reagan, I don't think it's going to hurt Donald Trump.

BOLDUAN: It's a very good point. So, David, I mean, you heard what Doug and Jeffrey say. And do people think that Trump can handle it if this debate does go deep on policy?

DAVID CHALIAN, CNN POLITICAL DIRECTOR: Well, Kate, let's remember what the debate setup is like. You've got ten people on the stage, 90 minutes of debate time, three moderators asking questions taking up some of that time. I mean, maybe we're talking about five minutes of talk time for each candidate or it is very difficult to imagine that we're going to go deep on policy like you would in sort of 60-minute one on one interview, really hammering down there. That's why I tend to think it's not something that's all that dangerous for Donald Trump. He clearly has been boning up and reading and getting better on policy. He has answered some of the questions Doug referred to on an immigration plan. There are more questions to answer but I'm not sure the debate stage is where those answers are going to come and I'm not sure that will necessarily hurt him just because of the way the format is.

BOLDUAN: When you talk about that format, maybe five minutes of talk time, that to me says, you need to prep because you need to be able to get to your message whatever you're going to say and get to it quickly. When it comes to debate prep, Jeffrey, last week Trump dodged the question saying that he's just going to be Trump, he's watching news, he's reading articles. I tried to get some more specifics from his campaign manager last night and here is what he had to say.

(BEGIN VIDEO CLIP) COREY LEWANDOWSKI, DONALD TRUMP'S CAMPAIGN MANAGER: Well, here's

what he said, he said he's never debated before and a number of these politicians debate every day. They stand up and they talk and they have rhetoric.

(END VIDEO CLIP)

BOLDUAN: So, is it really possible that Trump is going to walk into this presidential debate with no formal prep at all?

LORD: Well, I mean, I think he's prepped in the way that Donald Trump preps for anything he does. I think he's just going to be Donald Trump. One of the interesting things that I saw today is that he put out a little short video, I believe, it was on Facebook challenging his competitors and wanting to know how they would make America great again. So, in other words, he's throwing the ball into their court. Sort of like "The Apprentice" to be perfectly candidate and I thought well, that was a very interesting way to go here.

BOLDUAN: So, Doug, I got to get back to the reality check of does any of this really matter in the end, because look at Donald Trump, look at the poll numbers. The good news for him just keeps on rolling in and I thought this number was pretty important in one key area. Fewer Republicans are now saying, that they will never vote for Donald Trump, which suggests to a lot of folks there is more of an opening than you've been given credit for, my friend.

HEYE: No, I think there is absolutely an opening. You spend time outside of New York and Washington and you really hear why people are upset and people are very, very angry at the direction Washington is taking and they don't think that either party represents them well. I've certainly heard it, recently it's two weekends ago down in North Carolina where a lot of my friends I grew up with told me exactly what they thought about Washington. And that's what Donald Trump taps into. There is no question about that. But ultimately, you're going to see again ten candidates is a lot of people and there's not a lot of time. So, if there are going to be attacks, it may not come from the candidates because they have their own branding to do. We may see questions from moderators.

[19:10:35] BOLDUAN: That will be very fascinating. David, final thought here. Do you think with all of this in mind, the other candidates are to a place where they are no longer under estimating Trump or they still going to say, he has got a ceiling and I'm just going to wait it out.

CHALIAN: I don't anyone is under estimating him now, Kate. I think he's gone from phenomenon to formidable frontrunner in one month's time and here to stay for a little bit.

BOLDUAN: There we go. Phenomenon to formidable.

LORD: Exactly.

BOLDUAN: Two words I try not to say quickly together. Great to see you guys. Thanks so much. HEYE: Thank you.

(LAUGHTER)

BOLDUAN: I did it though, just for the record.

OUTFRONT next, a new controversy surrounding Jeb Bush tonight. Meanwhile, he's losing ground. A lot of ground to Donald Trump in the polls. So what is happening to Jeb Bush and his campaign?

Also ahead, a look, take a look at this new video, a man on synthetic marijuana, why it's being blamed for a spike in overdoses wild behavior and violent crime across the country.

And the word that could be Donald Trump's campaign theme.

(BEGIN VIDEO CLIP)

TRUMP: We have losers, we have losers.

A bunch of losers.

They are losers, they are just losers.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

[19:14:58] BOLDUAN: Jeb Bush under fire tonight for comments he just made to a major gathering of evangelicals. Listen.

(BEGIN VIDEO CLIP)

JEB BUSH (R), PRESIDENTIAL CANDIDATE: I'm not sure we need a half of billion dollars for women's health issues.

(END VIDEO CLIP)

BOLDUAN: Bush was talking about defunding Planned Parenthood. Hillary Clinton wasted no time telling Bush in a tweet he's unequivocally wrong. It's the latest misstep for the Bush campaign and it comes as he is losing ground in the polls to Donald Trump.

Jeff Zeleny is OUTFRONT.

(BEGIN VIDEOTAPE)

BUSH: This is a long-haul deal. There will be people moving up and likely those people might go down. I'm the tortoise in the race but I'm a joyful tortoise.

JEFF ZELENY, CNN CORRESPONDENT (voice-over): Long haul or joyful tortoise, whatever your metaphor, Jeb Bush is in a summer slam, he's the GOP candidate who knows the White House best. But so far, he's having a hard time persuading Republicans he should become President Bush the third. Donald Trump is stealing his thunder. How could I be tied with this guy? He's terrible. He's

terrible.

ZELENY: Scott Walker is taking shots.

WALKER: I'm a new, fresh face versus a name from the past.

ZELENY: In the chaotic and crowded GOP field, this much is clear, the former Florida governor is far from the GOP frontrunner. Favorability rating now only 26 percent while 40 percent view him unfavorably. A CNN poll of polls shows Bush consistently trailing Trump by double digits. At a forum last night in New Hampshire, he showed he's still stumbling over his biggest asset, the family name.

BUSH: So, I have a different views than my brother. My dad is probably the most perfect man alive so it's really hard for me to be critical of him. In fact, I got a t-shirt that says that Jeb swag store that says I'm -- my dad is the greatest man alive, if you don't like it, I'll take you outside.

ZELENY: Not exactly the fighting words the GOP is craving. But tonight Jeb Bush winning applause from consecutives for taking a stand against funding Planned Parenthood.

BUSH: I'm not sure we need half a billion dollars for women's health issues but if you took dollar for dollar, there are many extraordinarily fine organizations, community health organizations that exist, federally sponsored community health organizations to provide quality care for women on a wide variety of health issues.

ZELENY: Those comments on women's health drawing fire from Hillary Clinton who tweeted Jeb Bush you're absolutely unequivocally wrong. Bush later said, he misspoke, but it's the second time in a week Clinton has singled out Bush, a sign she believes he's still the most likely GOP nominee.

BUSH: It's an extraordinary journey. And it's a long journey.

(END VIDEOTAPE)

ZELENY: Now it's an extensive journey too for which Bush is more prepared than almost any of his republican rivals and that could be a critically important silver lining in this effort to slug through a long GOP primary fight. He and his Super Pac have already raised $120 million -- Kate.

BOLDUAN: That is what we call a war chest. Jeff Zeleny, thank you so much.

OUTFRONT with us now, Al Cardenas, a Jeb Bush supporter and the former chairman of the Florida's Republican Party as well as CNN political commentator Dan Pfeiffer. He's a senior former advisor to President Obama. It's great to see both of you.

So, Al first on this latest news that just is coming out. Jeff Zeleny was laying it out really well. Hillary Clinton is already attacking Bush over his comments on women's health issues as he said she's saying in a tweet you're absolutely unequivocally wrong. When you take a look at this, does this fit easily into that category of an unforced era that could really come back to hurt you in the long run?

AL CARDENAS, JEB BUSH SUPPORTER: Well, look, first of all, let's look at the field here. Hillary Clinton is trying her best to find ways to attack people because otherwise that vacuum is going to be filled by legal trouble she's facing, which may well incidentally derail her candidacy. Number two, it's very simple, Jeb Bush said it, he clarified his statement later. So with clarity he said I'm going to take the $500 million that goes to Planned Parenthood and put it in community health clinics, rural clinics to take care of women's health. Why? Because the federal government has no business supporting an organization that is in the business for profit of selling fatal organs and that is a gruesome story evidenced by five or six videos we've all seen.

So, you know, who is for funding Planned Parenthood's efforts to sell these gruesome organs for profit? Hillary Clinton incidentally has not once, has not once, criticized Planned Parenthood for that and by omission, I imagine she believes that that conduct is worthy of federal funding and I think most Americans believe that's not the case.

[19:19:48] BOLDUAN: On what Jeb Bush said, Dan, I mean, to Al's point, Jeb came out and said, that he misspoke and that he clarified you jumped on this whole immediately as well. I mean, do you think -- are you guys taking this a little bit out of context to score cheap points?

DAN PFEIFFER, FORMER SENIOR ADVISER TO PRESIDENT OBAMA: No, because I think this is consistent with his longer record on the issues of women's health. And look, I think this is a big mistake. This is the worst of what they call a typical Washington gap where you say what you really mean and he's trying to clean it up. They had to put out not one but two statements to clean it up today and it speaks to the problem in the Bush candidacy. He's not a very good candidate. You know, a recent Wall Street Journal poll that came out the other day has the approval rating at a level lower than Mitt Romney ever had in the 2012 election. That's never something you want to hear with your candidate.

I argue today on CNN.com that he should pull out of Iowa where he's most certainly going to lose and focus on New Hampshire, the state he must win to win the nomination. Across the board since he, you know, jumped in this race as the number one most formidable person who was going to push everybody else out of the race, he's been losing ground. And I think that it speaks about the fact that the country does not want and even the Republican Party does not want another Bush in the White House.

BOLDUAN: Well, Al, let me ask you about the losing ground here.

CARDENAS: Kate, let's clarify that. Let's clarify that.

BOLDUAN: Okay. Clarify. CARDENAS: Yes. Let's clarify that. Look, the only outside of

Donald Trump, Jeb Bush is at the highest place anybody else in the campaign, while other candidates are in a free fall, Jeb Bush has 15, 16 percent. It's the highest he's been. He's never lost ground to the contrary. For the last two months, his unfavorables have gone down which means that his ceiling is much higher than it was in the outset. We have said from the outset that as long as time takes place and he removes himself from a Bush identity to a Jeb identity, the kind of governor we had in the state of Florida for eight years, he's going to be the winner and he's going to be the candidate for our party. And if that wasn't the case, what do you think Hillary Clinton is finding every opportunity to take on Jeb Bush and no one else? She doesn't take on Donald Trump. She doesn't take on the other Scott Walker. She doesn't take on the other people. She takes on Jeb Bush because she knows at a one on one, Jeb Bush is going to defeat her and become the next president of the United States.

BOLDUAN: Dan, does Al have a point there?

PFEIFFER: No, she's taken on Scott Walker, she's taken on Donald Trump for his comments. Jeb Bush is just giving her ample opportunity by making mistake after mistake after mistake on the campaign trail. And, you know, just to push back on something Al said, his favorables have not gone down, they've gone up. He is seen worse by the public, according to a recent poll than Mitt Romney ever was in the entire 2012 campaign. Jeb Bush is less popular than Romney after he's hit 47 percent, after he made error after error. And I think at some point the bush game has to look inside and figure what they are doing wrong and maybe it's not a question of bad strategy, it's just the fact that they have a bad candidate who is running in the wrong election.

BOLDUAN: Big question now is, what will Jeb Bush -- what will Jeb Bush do --

CARDENAS: Listen --

(TALKING OVER EACH OTHER)

BOLDUAN: On Thursday, when he is facing off in this debate, a good opportunity for him to make some ground up where maybe he, well, at least Dan thinks that he is lost. Al, it's great to see you.

CARDENAS: He'll do great, Kate, he'll do great. You'll see.

BOLDUAN: We'll be there to watch with you.

PFEIFFER: Thank you.

BOLDUAN: Al, thank you so much. Dan, thank you.

PFEIFFER: Thank you.

CARDENAS: Thank you.

BOLDUAN: Just a note for all of you, CNN asked repeatedly for an interview with Mr. Bush, however, he has so far denied our requests. We welcome him on any time.

Coming up next for us, a student gets physical and disruptive in class. Does that give the school's officer cause to handcuff a third grader?

(BEGIN VIDEO CLIP)

(Child crying)

KEVIN SUMNER, KENTON COUNTY SHERIFF DEPUTY: Look at me for a minute. Look at me for a minute. Look at me. If you want the handcuffs off, you got to stop kicking.

(END VIDEO CLIP)

BOLDUAN: Also ahead, investigators about too examine the airplane debris found off the coast of Africa. If it is from MH370, will it tell them how the plane went down?

(COMMERCIAL BREAK)

[19:27:45] BOLDUAN: Tonight, despite growing outrage, a Kentucky sheriff's department is defending one of its deputies after he was caught on camera handcuffing an eight-year-old. That third grader as you can see in the video is crying out in pain, kicking his feet while the deputy Kevin Sumner tries to calm the child down. That deputy is now facing a lawsuit.

The sheriff's department says, Sumner was just doing what he is sworn to do. Jean Casarez is OUTFRONT.

(BEGIN VIDEOTAPE)

UNIDENTIFIED CHILD: Ow, that hurts.

JEAN CASAREZ, CNN CORRESPONDENT (voice-over): The eight-year-old identified only as S.R. was three-and-a-half feet tall, he weighed 52 pounds when this video was shot by a school employee.

SUMNER: I asked you not to kick.

CASAREZ: Kevin Sumner a Kentucky sheriff's deputy and a school resource officer who handcuffed the third grader above the elbows, the child's wrists were too small now faces a lawsuit filed by the ACLU along with his supervisor.

SUMNER: Now, you are going to behave the way you're supposed to or you suffer the consequences. But it's your decision to behave this way.

CASAREZ: S.R. is a special needs student at Latonia Elementary School in Covington, Kentucky. According to the lawsuit, he suffers from A.D.H.D. and trauma.

SUMNER: You don't get to swing at me like that.

(Child crying)

SUMNER: You can do what we've asked you to or you can suffer the consequences.

UNIDENTIFIED CHILD: Oh, God, it hurts! Stop!

RICKELL HOWARD, ATTORNEY FOR S.R.: As a parent, I'm shocked and hurt for that child. I had a lot of questions why would that ever be okay?

CASAREZ: Sumner is also accused of handcuffing a nine-year-old girl, also a special needs student on two separate occasions last fall. The lawsuit charges that both children were unlawfully restrained and handcuffed at school with excessive force and without necessity.

(Child crying)

SUMNER: Sit back down.

(Child crying)

CASAREZ: Sumner's attorney told a local newspaper that he handcuffed the children because they were placing themselves and other people in danger and that's what the book says to do.

(Child crying)

UNIDENTIFIED CHILD: It really hurts!

CASAREZ: The attorney also called Sumner one of the best and most highly trained school officers in the state adding that the former teacher is totally devoted to kids and schools and education.

SUMNER: If you want the handcuffs off, you're going to have to behave and ask me nicely, and if you're behaving I'll take them off but as long as you're acting up, you're not going to get them off.

(Child crying)

(END VIDEOTAPE)

CASAREZ: The complaint was just filed in federal court in the eastern district of Kentucky and the plaintiffs who are the children through their lawyers say that if you're going to bring in an officer from the outside, what they need to do is deescalate the system, wait and have a little bit of patience, not handcuffs.

And, Kate, we're waiting to hear the sheriff's department will file the response and we'll truly hear at that point the other side. But as you said in the beginning, they are standing by their officer.

KATE BOLDUAN, CNN ANCHOR: Absolutely. Jean, thank you.

And OUTFRONT tonight is Kenyon Meyer. He's the attorney representing both the 8-year-old boy and the 9-year-old little girl and their families now suing the deputy involved.

Mr. Meyer, thanks so much for your time tonight.

Let's be honest.

KENYON MEYER, ATTORNEY FOR CHILDREN WHO WERE HANDCUFFED AT SCHOOL: Thank you for having me.

BOLDUAN: No parent ever wants to see their child in this situation in handcuffs, especially their third grader.

What did the parents say? How did they react when they saw this video of their son?

MEYER: The mother of this child was absolutely devastated. She loves her son very much. He has a disability and he has struggled and he has had problems. No child as we all know is perfect, but nobody ever expects that when they drop their child off at school, that the child is going to be disciplined by a law enforcement officer with adult handcuffs.

BOLDUAN: What do you think actually happened here? Do you think this deputy overreacted? Do you think this deputy has a history of problems? Do you think something that this young boy did set him off?

MEYER: I think that we know that this particular officer, because of three incidents with my two clients, does have a history of this and, I mean, thank goodness the video captures before the officer gets there, we see what the child is undergoing, like many 8-year-old children, he was experiencing -- he was misbehaving. He was crying. He was upset. He talked to his mother on the phone.

And I think the officer did exactly what he said in the video to the child, he used handcuffs to impose discipline. Stop this. When you stop behaving like this, I will take the handcuffs off.

And I think apparently, according to the sheriff who has told the media that this is the way they train their school officers, he was doing what he thought was appropriate discipline.

BOLDUAN: Well, to that point, the sheriffs' office put out a statement and it's steadfastly standing behind this deputy tonight. They put out a statement saying that he did what he's sworn to do and in their view in conformity with all constitutional and law enforcement standards. They call him an asset to the community and those he serves, a very different view from your clients'.

How do you respond to that?

MEYER: And that's why we have a lawsuit.

They saw the video. They stood by it. They believe this is the way the Kenton County law enforcement officers should treat children in schools and they refuse to change. They refuse to alter their practices, their procedures. They have now agreed and admitted that this is a policy, and

that's why we have courts. We'll see what a jury in that the jurisdiction believes and we'll see what the federal judge believes.

BOLDUAN: Kenyon Meyer, thanks very much for your time.

MEYER: Thanks for your time.

BOLDUAN: And with me now, CNN law enforcement analyst Harry Houck. He's also a former NYPD detective.

So, Harry, you watched the video. You heard the family's attorney side of this story. To the attorney's point, from your perspective, is it ever really necessary for an officer to use handcuffs on a third grader in school?

HARRY HOUCK, CNN LAW ENFORCEMENT ANALYST: Sure, it is. I'll tell you exactly why.

Apparently, the experts in the school had tried to calm this kid down for whatever reason.

BOLDUAN: Right.

HOUCK: And they had thought that this kid was now a danger to the lives of the other children. So, they called the police officer in, who actually works at that school. Now, that officer, now we just see this part of the video. We don't see how the child was acting.

Apparently, the child was acting so badly and endangering lives -- this is what the school says, that's why they called the officer in. So, the officer, say I'm responding to the same type of thing and I have a child totally out of control.

I don't want to hurt an 8-year-old kid. I don't want to handcuff an 8-year-old kid and neither that that officer probably. But the fact is, that kid was probably so out of control for whatever reason that the officer felt that the only way to protect himself or --

[19:35:01] BOLDUAN: Protect himself, Harry? He was like a 50- pound child.

HOUCK: Listen, protect the child from himself. We don't see what happened before the video. We're only seeing one aspect of this.

So, why did the school call the police officer in? You've got experts who know how to deal with these children, all right? They are teachers.

BOLDUAN: They called him in.

HOUCK: Why are they calling the police in for a situation like this?

BOLDUAN: The family says that one thing they want is better training, different training, additional training for officers to be able to deal with children in a disciplinary situation, to better deal with kids.

Do you at least agree or do you at least think it's a good idea to find a different way to deal with the kid?

HOUCK: Of course. Of course, I do. I've been in the situation before. I never handcuffed an 8-year-old. I had to handcuff an 11- year-old once because he was so crazy inside the school, banging into the walls, banging into stuff, I couldn't control him, so I had to handcuff him. That's when you have to do it in these situations.

I don't know how this kid was acting. But as we know right now, the experts could not handle him, so they brought a police officer in.

Police officer does not know how to handle every specific situation, everything that might be wrong with the child. A police officer gets called in when somebody is in danger and the school apparently thought it. The school should be the one that's being sued here, not the police officer.

BOLDUAN: I mean, you know how it looks, though. You know how it looks, though, Harry. The kid shouldn't have to be handcuffed.

HOUCK: It's a lose-lose situation for police officers when something like this happens. Because no matter how hard they try, they're always going to be the bad guy.

BOLDUAN: All right. Harry, thanks so much. That lawsuit is continuing and we'll see what happens from that. Thanks, Harry.

OUTFRONT next: investigators are preparing to put that airplane wreckage from a Boeing 777 under the microscope literally. Is it a piece -- is it part of the wing from MH370?

And Jeanne Moos is coming up, on Donald replacing his signature line "we're fired" with something a little snappier.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: You know, people are real losers. I don't like losers.

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[19:40:57] BOLDUAN: Tonight, the search for MH370 -- investigators are about to examine the wing flap that washed up on a remote island trying to determine if it is from the missing plane. Investigators have already confirmed the piece of debris is from a Boeing 777. Right now, the only known missing 777 is MH370. But in order to make a positive ID, scientists will be putting the wing flap under a microscope, literally.

Rene Marsh is OUTFRONT.

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RENE MARSH, CNN AVIATION CORRESPONDENT (voice-over): Soon, the world will know for sure whether this is a piece of the missing Malaysia jetliner. The debris discovered on Reunion Island was packed up and sent to France where Wednesday it will undergo a series of tests.

At aviation forensics lab RTI Group in Maryland, we were shown how investigators will examine debris to determine if it belongs to MH370 and whether there are any clues about what went wrong.

Joe Reynolds worked on high-profile aviation crash investigations like ValuJet and Air France 447. Every move of investigators will be recorded.

JOE REYNOLDS, CEO, RTI FORENSIC SERVICES: We want to make sure that there is no question when we got it, we treated it properly, we didn't alter it in any way, and the record is there for anybody to see.

MARSH: They'll measure it and look for unique markings, serial numbers, manufacturing stamps.

(on camera): What's the first thing these investigators are going to be looking for?

REYNOLDS: Well, one of the first things they will look for is, does anyone recognize this piece? The manufacturer's engineers would know fairly quickly what this came from.

MARSH (voice-over): Next, they examine the damage.

(on camera): Let's talk about the tears here.

REYNOLDS: Very helpful for us to know whether things came apart because of a lot of force, impact or whether they broke up because of let's say fatigue in the air.

MARSH (voice-over): But that cannot be done with the naked eye.

REYNOLDS: It has a rotating capability to scan the object which we're doing right now and when it scans it like that, it will produce a record and we can then use to develop a three dimensional image on the screen.

MARSH: With a low resolution microscope, the pattern in this 3D image will tell investigators a story.

REYNOLDS: There are features that they can look at that says this was a one-time break because its sort of a clean separation and very small detail.

MARSH: But how will they know for sure it's MH370?

REYNOLDS: This is a scanning electron microscope.

MARSH: The high-powered microscope is capable of reading out what elements the metal is made of and analyze layers of paint. REYNOLDS: If we know that Malaysia Air painted their aircraft

with a certain color, a certain material of paint, which is significant and exclusively for that aircraft, we would then look at the outer paint on the aircraft itself and match that to what Malaysia Air had applied to the airplane. That would provide us with a better match.

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MARSH: Well, there are limits to what investigators can learn from the one piece of debris. Tear patterns would suggest how that part broke off but not necessarily what happened to the rest of the plane.

Now, the forensic lab that we visited today said the type of analysis that they demonstrated for us today would take at least a week before they came up with definitive answers they felt comfortable in sharing, perhaps a loose timeline for what we have to look forward to -- Kate.

BOLDUAN: All right. Rene, thank you so much. A fascinating look at the process going forward.

Joining me now, David Soucie, a CNN safety analyst and former FAA safety inspector.

So, David, you saw really fascinating how this process will go about.

DAVID SOUCIE, CNN SAFETY ANALYST: Right.

BOLDUAN: What would -- what is the first thing that you would be looking for? What is the first thing you would be inspecting and thus, what are you going to be listening for when they come out to announce findings?

SOUCIE: Well, you start, before you go into the forensics as they did there, every part in the aircraft accident has a story to tell.

[19:45:06] And you just have to listen to what it has to say to you and what this part is saying to me at first -- of course, without being there.

BOLDUAN: Right.

SOUCIE: Just from the photographs -- is that there was an abrupt tear because of the fact it's not disformed, it's not -- it's not mangled. It's not something you'd see from an accident site. It's something that likely came off before the aircraft actually hit the water.

So, if you look at it there and muscles that are in there give you a lot of clue as well. The aircraft is painted with an Imron paint, which like an epoxy paint. In the ends there, you see slightly clean. That's a zinc chromate paint, and bacteria and sea life don't like zinc at all.

So, what happens is this tells you where the cracks are because you can see where the muscles have started to grow, and they're going to start to grow where metal is exposed. Now, you can kind of see where the cracks are and where the breaks are.

BOLDUAN: So that would be where you begin. In the end, David, from your experience investigating this kind of stuff -- do you anticipate the investigators on this case, that they're going to be able to definitively say from the wing flap, this is MH370?

SOUCIE: Oh, no doubt about it.

BOLDUAN: You do?

SOUCIE: In fact, from a non-forensic position, he mentioned in there that you can check the metallurgy, you can actually do a spectral analysis and see what metal and whether or not it's the same composite metal composition of different metals. That they use of Boeing. That can be done.

But more importantly than that is inside the wing where it's not being able to be tampered with, they're going to find a part number. It starts with a 113W and that 113W part number is what's going to tell them this came from Boeing. It came from that manufacturer which may be Mitsubishi, it might be Airbus, these parts are made by different manufacturers.

But that's going to give a conclusion as to where it came from first.

BOLDUAN: I mean, it's clearly going to be tedious work, but so important to get this right when they announce it.

SOUCIE: It really is.

BOLDUAN: Thank you, David. Thanks for helping us out with that.

SOUCIE: Thanks, Kate.

BOLDUAN: OUTFRONT next, this new video showing a man high on synthetic marijuana. It makes users think they have super human strength. Tonight, police are linking it to a spike in violent crime around the country. And also, on a lighter note, the Donald Trump insult that could be a badge of honor for some.

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TRUMP: I don't like losers. We have losers. We have losers. They are losers. They are just losers.

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[19:50:59] BOLDUAN: Tonight, police across the country are warning of a dangerous spike in synthetic marijuana use. This video we're going to show you from New York City shows what ingesting this drug can do. The naked man you see there thinking he has super human strength. He punches through a fence as he tries to evade police.

Now, officials say there has been a rise not only in the use but also the overdoses of synthetic marijuana and a spike in violent crime linked to the drug.

CNN's justice correspondent Evan Perez, he's OUTFRONT tonight.

I mean, Evan, that video is amazing and pretty shocking to say the very least.

EVAN PEREZ, CNN JUSTICE REPORTER: Yes, exactly.

BOLDUAN: Why are police raising the alarm now about this?

PEREZ: Well, Kate, you know, there's been a surge in overdoses and deaths and in some cities, police say it is to blame in a rise in violent crime.

Now, today, the New York Police Commissioner Bill Bratton called it weaponized marijuana. It sold in corner stores and by street dealers nowadays and it's got -- it sold in slick packaged brand names like K-2 and Scooby snacks.

Here's the fact from poison control centers around the country. They say they've tallied more than 4,300 reports of people exposed to synthetic marijuana and that's only through first week in July. That compares to 3,600 in all of last year. It is labeled sometimes as herbal incense but this stuff is nothing like marijuana at all.

BOLDUAN: Absolutely not. Not it seems.

I mean, what are cities across the country doing in the face of this spike? What are they doing to try to get the situation under control?

PEREZ: Well, one of the thing they're doing is raiding the stores that are selling it. In some cases, the store owners have gotten a little smaller. And so, now, you have to go in with a code word to get a clerk to hand it to you from behind the counter.

A couple years ago, you used to be able to find it in front of the counter. So, that's one of the thing they're doing. In D.C., we were talking to the U.S. attorney's office and they say one of the things they're doing is they're going to go to the homeless shelters. There is a tremendous impact in the homeless population in these cities.

And what they're doing is they're warning people about the effects of this. You have seizures and people who are having psychotic episodes and, of course -- like you see in this video -- violent outbursts.

BOLDUAN: Absolutely. Wow. Evan, thank you so much for bringing that to light.

PEREZ: Thanks.

BOLDUAN: OUTFRONT next for us, leave it to Donald Trump to find common ground between Rosie O'Donnell and Karl Rove. Jeanne Moos has the story.

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[19:57:47] BOLDUAN: Rub Donald Trump the wrong way and you'll be called a moron or a dummy. But the L-word? That's an insult with a category of its own.

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JEANNE MOOS, CNN CORRESPONDENT: It's a word Donald Trump isn't usually at a loss for.

TRUMP: We have losers. We have losers.

MOOS: Sometimes, the loser is generic, but usually the loser has a name.

TRUMP: Well, Rosie is a loser. She's always been a loser.

MOOS: Trump is always tweeting the L-word. His targets range from Web sites, "The Huffington Post is such a loser", to pundits.

TRUMP: You know, when I watch George Will or Charles Krauthammer, you know, I watch them for years, they're losers. They're just losers.

MOOS: He even called a Miss USA contestant a disgruntled loser after she called the contest rigged.

TRUMP: She suffers from a thing called loser's remorse. She lost.

MOOS: And she did lose the lawsuit he later filed.

In Donald Trump's world, there seem to be varying degrees of loserdom.

He has called fellow Karl Rove a loser, a proven loser and a total loser.

After Russell Brand was a major loser, to which Brand responded, "Are you drunk when you write these tweets?"

As for Cher, bang, bang, he shot her down.

TRUMP: Cher is somewhat of a loser. She is lonely. She's unhappy.

MOOS: When he is feeling happy, he tweets to everyone, including all haters and losers. Happy New Year. When asked about his name calling --

MARTHA RADDATZ, ABC CORRESPONDENT: Using terms like dummy, loser, total losers, is that something you would continue doing if you were president?

TRUMP: Oh, I don't think -- look, when people attack me, I, you know, let them have it back.

MOOS: Trump quoted his own book, "Show me someone without an ego and I'll show you a loser."

But compared to Ace Ventura --

UNIDENTIFIED MALE: Let's go, Ace.

UNIDENTIFIED MALE: Loser.

MOOS: Trump's delivery is low key.

Jon Stewart wondered what Trump would say about our Founding Fathers.

JON STEWART, COMEDY CENTRAL: John Hancock, he's a loser. Hey! What kind of a loser needs to put his name in giant letters on everything?

MOOS: Jeanne Moos, CNN --

TRUMP: Rosie is a loser.

MOOS: -- New York.

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BOLDUAN: And you know who is not a loser?

"AC360" starts now.