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Protests Continue in Charlotte as Police Consider Releasing Video; NAACP: DOJ Investigation Underway of Police Shooting; Presidential Candidates Prepare for Monday's Debate; Ted Cruz Endorses Donald Trump; Voters on Presidential Candidates: Picking "Lesser of Two Evils". Aired 3-4p ET

Aired September 24, 2016 - 15:00   ET


[15:00:00] AVERY FREEMAN, LAW PROFESSOR (voice-over): We are several days down the road. There's no legal justification for holding on to video or a copy of it. That's got to be released legally, has to be released right now. People are entitled to it, media is entitled to it, the public is entitled to it, if not, going to the federal court. That has to be turned over now.

FREDRICKA WHITFIELD, CNN ANCHOR: Avery Freedman, Richard Herman, thank you so much. Appreciate it, gentlemen.

Thank you very much for being with me this afternoon. I'm Fredricka Whitfield, at Hofstra University. We will be back here tomorrow again, two days away from the first presidential debate.

My colleague, Poppy Harlow, is here with me at Hofstra.


POPPY HARLOW, CNN ANCHOR: Thank you, Fredricka.

A lot of news to get to this hour. I will take it from here.

ANNOUNCER: This is CNN breaking news.

HARLOW: Welcome, everyone. I'm Poppy Harlow, live from Hofstra University, in New York, the site of the first presidential debate. We are two days away from the debate here on CNN.

We do begin with breaking news this hour as you have been watching, as Fredricka has been reporting, breaking news out of Charlotte, North Carolina. Police there considering and discussing whether or not to release video showing the shooting death by police of Keith Lamont Scott in Charlotte Tuesday. Scott's death Tuesday triggered sometimes violent protests every day and night since then. Those protests intensified when the Charlotte police said they would not release dash cam or body camera footage to the public.


RAKIA SCOTT, WIFE OF KEITH LAMONT SCOTT: Don't shoot him! Don't shoot him. He has no weapon. He has no weapon. Don't shoot him.


SCOTT: Don't shoot him.


HARLOW: Since then, Scott's wife released the video, video she filmed on her cell phone. The family said it was important for them to get it out for people to see it in the name of, quote, "truth and transparency."

CNN correspondent, Nick Valencia, is in Charlotte, and Ed Lavandera also in Charlotte.

A rally is underway in Charlotte.

Ed, let's talk about the mood of the crowd. We just heard the NAACP come out and say there's a Department of Justice investigation now. They want that video released. They're calling for transparency. What are the people at the rally saying to you?

ED LAVANDERA, CNN CORRESPONDENT: This is a rally. It ended in front of the police department in Charlotte. You look off to my side, various parts are barricaded by National Guard soldiers, and the crowd numbering close to 500 or so have been out here now, just arriving, chanting Keith Scott's name and also calling for release of the video, which we have been hearing from city officials that is something that could happen today. Not clear when it will happen.

But now the rally here at the footsteps of the police department, really one of the largest crowds gathered here over the course of the last week in front of the police department. Many of the rallies have taken place in other parts of downtown. This is one of the largest gatherings I have seen in front of the police department since all of this started earlier this week.

You can let listen in if it is OK with the chanting going on in front of the police department.


HARLOW: Nick Valencia also with us.

Nick, I want to go over the headlines heard from the press conference, from the NAACP local division in Charlotte. The big headline out of it is that they said that the Department of Justice launched their own preliminary investigation. We are working to confirm that with Department of Justice as well. What do you know about that and how that plays into whether or not the police department will indeed release dash cam footage and body camera footage.

NICK VALENCIA, CNN CORRESPONDENT: This, Poppy, is the first time we are hearing about involvement of Department of Justice, coming from the local chapter of the NAACP, and right now no telling how that will effect the investigation. We do know that the faces in the crowd, some of them may have changed, the message remained the same. They want to release police videos of the fatal shooting of 43-year-old Keith Scott shot and killed by a police officer Tuesday afternoon.

These demonstrations have so far, the trend being peaceful, s continued. There was some anxiety among city officials that because it was the weekend that there would be potential for more rioting. That hasn't been the case. What has been different that we witnessed is somewhat of a larger presence of National Guard, especially in and around the police department. We witnessed that earlier this morning, their mobilization. We wondered what it had to do with, but we don't know if it is correlated of the news that the tape may be released later today. In our conversation with the city, we are told they're working hard and fast to get as much information out as soon as possible. When I asked directly, the spokesman, if the tape would be released today, she said those conversations are currently being had -- Poppy?

[15:05:] HARLOW: Thank you very much.

Ed, thank you.

I want to bring in people for analysis of this. The city of Charlotte remains under a state of emergency.

Let's talk about all of it. With me now, I believe we have Tom Fuentes, senior law enforcement analyst, former FBI assistant director; and Laura Coates, legal analyst, former federal prosecutor; law professor and former assistant U.S. attorney with the Justice Department Civil Rights Division, Paul Butler, is with me as well.

Guys, let's begin with this.

Matthew Horace, with us as well.

Laura, NAACP says Department of Justice starting a preliminary investigation. What will that mean? You have the city investigating. it has been handed to State Bureau of Investigation in North Carolina, now Department of Justice. Legally, what takes precedence? How do they overlap and work in coordination?

LAURA COATES, CNN LEGAL ANALYST: Well, the Justice Department is a back stop. They parallel the investigation with the state and what North Carolina Bureau of Investigations is doing to figure out if this is an individual acting in violation of anyone's civil rights or if there's a pattern or practice, discriminatory training the officers undergo that leads to this sort of thing, or in general, what information do you have, what facts do you have. It there anything to trigger the civil rights statute? If not, it will remain in the hands of the Bureau of Investigation for North Carolina.

HARLOW: Tom, you hear the increasing call for this video to be released. You and I were speaking about it yesterday, said it should be released. Now you have a rally with hundreds of people calling for it. NAACP came out just now and called for it. Why do you believe that police video of the deadly shooting still hasn't been released?

TOM FUENTES, CNN SENIOR LAW ENFORCEMENT ANALYST (voice-over): I think right now -- waiting for Charlotte to release it, it is now in the hands of the state police conducting the investigation. If they want to release it, that's where they have to direct the request. I don't think the city has control over this.

HARLOW: Paul Butler is with me, law professor, Georgetown University, former prosecutor.

You were on the air with me yesterday afternoon when the wife, Rakia Scott, released her video and we talked about the argument that has been made that the city, at this point, they won't appease the calls until they release the video. What legal ground -- you're a law professor -- what legal ground does city of Charlotte and state of North Carolina have to stand onto not release that video to the public?

PAUL BUTLER, LAW PROFESSOR, GEORGETOWN UNIVERSITY & FORMER PROSECUTOR: It's politics, not law. In October, there was a new law passed that says there has to be a court order. But for now, it is up to, not the state police, but actually the local police. They're kind of playing a game of kick the can. It is true that city police officers gave the investigation to the state office of investigation but that office is still saying it's the local cops' decisions, which means ultimately it is the mayor's decision because the police pleasure. If there's no legitimate law enforcement reason to withhold the video, it is all about politics.

HARLOW: Matthew Horace, you're a CNN law enforcement analyst, former ATF executive. If and when the police release the video, your reaction to the timing o this? The calls have intensified each and every day. Do they have much more time to wait frankly before releasing it in your opinion?

MATTHEW HORACE, CNN LAW ENFORCEMENT ANALYST (voice-over): Often times the time line for investigations may not line up with the expectations of the public or the media. I have to agree. What people should want is a thorough, final investigation. Investigating, you don't want it done quick, you want it done right. I hope to find in the next couple hours, next couple days that the finished products is going to be -- (INAUDIBLE).

HARLOW: Thank you very much.

As we continue to monitor the breaking news, this big rally in Charlotte, as the NAACP comes out and says Department of Justice is investigating.

Thank you all very much. Much more of this ahead.

[15:09:00] Also, politics ahead. Final count down for the first presidential debate under way. Donald Trump, Hillary Clinton will meet face to face at Hofstra University, where we're coming to you live from today.

Coming up, what does it take to score those big points in a presidential debate? You heard it before, a debate doesn't declare a winner, but can cost someone a race. What will we see come Monday night? Live in the CNN NEWSROOM. (COMMERCIAL BREAK)

ANNOUNCER: This is CNN breaking news.

HARLOW: I am Poppy Harlow, from Hofstra University, where we are preparing for the presidential debate.

But we have breaking news this hour. Just into us at CNN. Let me tell you, we were just speaking a moment ago about the NAACP, saying the Department of Justice has launched an investigation into the shooting death of Keith Scott.

Our Evan Perez, CNN justice correspondent, is now reporting, despite what NAACP officials said in the press conference, Evan is told that Department of Justice is still monitoring the situation but that there is no official Department of Justice investigation. Again, the headline there, the Department of Justice monitoring the situation, the shooting death of Keith Scott, but there is no Department of Justice investigation at this time. "If there's an active investigation, the Department of Justice won't come in unless it is asked to."

Attorney General Loretta Lynch, on Thursday -- remind ourselves what she said. She said, "The death of Keith Lamont Scott in Charlotte is under local investigation. We are, of course, aware of the tragic events that resulted in his death. And Department of Justice and the FBI are currently monitoring."

Let's bring in the panel. Laura Coates, is with us, legal analyst, former federal prosecutor and assistant U.S. attorney, former prosecutor with the Division of Civil Rights; and with me again, Paul Butler, law professor at Georgetown University, former prosecutor.

Laura, what do you make of this? The NAACP says there's an investigation. The Department of Justice, according to Evan Perez, well sourced there, says there is not investigation at this time.

[1515:30] COATES: It makes sense if you think of the role DOJ would play. they're a back stop, not a proactive entity unless there's some basis to trigger the civil rights statute meaning there's facts already on the table and in evidence that would suggest this is not just a matter of a state level homicide or killing but rather it is reflective of somebody or an officer acting under what's called the color of law to try to exploit their power, or there's a pattern of behavior by the police department. Right now, we're trying to figure out still what the videos might show, what evidence there might be even that it is justified or unjustified killing. Of course, DOJ would monitor in the same respect. Even if they had an active investigation, they'd still play that role, Poppy.

HARLOW: I'm going to ask our team as we're on the air live during breaking news to pull -- we are going to pull that sound to have it re-listen to what was said by the reverend.

Actually, we have it. So let's listen to what she said.


REV. CORINE MACK, PRESIDENT, CHARLOTTE NAACP: Because of our actions as a coalition, in submitting the tape, as of today, there's an official investigation from the DOJ.


MACK: That investigation is a preliminary investigation right now. The will be coming back and having more conversations with individuals to get more information regarding individual testimonies of their own injustices or attacks of injustice.


HARLOW: That was Reverend Corine Mack, moments ago, the president of the Charlotte NAACP.

Paul Butler, to you. As law professor, former prosecutor, let's talk about what a Department of Justice investigation would look like. If one were launched, what would it look like, what utility, what purpose would it serve in addition to what the state of leading now?

BUTLER: The Department of Justice has a number of interventions it brings to cities. Sometimes it focuses on community relations, not so much legal remedies but trying to get citizens and law enforcement talking, trying to see what can be done without threat of litigation. Sometimes it has to take things further. While there apparently is not a formal investigation now, certainly what monitoring means is something more active than just kind of looking at CNN. I'm sure they're on the ground.


HARLOW: I think it is an important point, Paul.

Is it about semantics? We heard the reverend say there's an investigation by the DOJ but it is preliminary. The official from the DOJ, it is monitoring. What's the difference?

BUTLER: Vanita Bucha (ph) is the assistant attorney general for Civil Rights, she's in charge of the Obama administration response to these kinds of concerns and she's been very proactive, very much on the case. I would be very surprised if she doesn't have other community workers there talking to people, again, not opening a formal criminal investigation because it is way too early for that. Again, we don't know what happened here. There are two people they're looking at now. They're looking at the actions of Mr. Scott and the actions of the officer who killed Mr. Scott. Again, it is way too early to talk about a specific focus on the police. If that should happen, Poppy, there's another whole apparatus.

HARLOW: Understood.

Laura, your legal expertise, you worked at the Department of Justice, in the Civil Rights Division, what sort of power does DOJ or any entity have to force the city and state's hand to release video. Is there any legal authority where the city can be compelled to do so?

COATES: The DOJ doesn't have that authority to tell the state police department whether to release information, unless there was an official investigate and that investigation resulted in the state and DOJ coming together to have what's called findings, to say here's what you will do going forward. It really is in the purview of the state- level police officer, the local police officers. The reason for that is because they don't yet know whether there is a basis for DOJ to even be involved.

Remember, the Civil Rights Division is based on civil rights statute, not on basic killings. If it doesn't not have a trigger, if this is not an officer exploiting their power as an officer in a way that triggers civil rights violations, then they don't get involved.

But it is about semantics. To be fair to the NAACP chairman in Charlotte, it is about semantics. The DOJ is monitoring, waiting to find out information, maybe connecting a parallel investigation, interviews of people to find out what happened. Official investigation means they have a conclusion, that they have a basis to go on, that there is in fact a violation.

[15:20:42] HARLOW: Thank you so much, Laura, Paul, for breaking that down and clarifying exactly what is at stake here and what the DOJ can and cannot do on all this. We appreciate it very much. Thank you both.

Stay with us. Much more live in the NEWSROOM. We're at Hofstra University, site of a major presidential debate Monday night. Much more on the politics ahead.


[15:24:52] HARLOW: Welcome back to live coverage today from Hofstra University. Two days ahead of the big showdown, big debate, here Monday night, potentially, and it will be the biggest political showdown of the season so far. Right here in Hempstead in New York, Donald Trump and Hillary Clinton squaring off on stage for the presidential debate. The final countdown has begun. You know it has when the clock is on the side of the screen.

Trump set to speak tonight in Virginia. Clinton off the trail, deeply immersed in debate preparation. In this general election have been cast. Early voting started yesterday in several states. Pitting Hillary Clinton, former secretary of state and Senator and first lady, against Donald Trump, billionaire business man.

Let's talk about the historic matchup. Sunlen Serfaty is in front of the debate hall at Hofstra University. Joining me on set, Kayleigh McEnany, CNN political commentator, Donald Trump supporter; and CNN political commentator, Sally Kohn, a Clinton supporter.

Sunlen, let me begin with you.

This debate comes when the situation in Charlotte is incredibly tense, louder and louder calls for the police department to release that video. Debate Monday night, meaning is it something Lester Holt will ask about off the top. If not, is it something both candidates should address?

SUNLEN SERFATY, CNN CORRESPONDENT: Certainly, I think both campaigns are calculating this will be an element that will factor in a great deal. I think for both candidates, this really sets up potentially a big moment for them, to show potential leadership on the issue. If they're not asked, I would suspect one of the candidates brings it up off the bat, given that it is a big national story. We have seen both of them comment by drips as the story has risen to national prominence this week, and taken two divergent paths. This is their big chance to fully and succinctly outline how they would approach this as a potential president. They're aware voters, as they're watching dramatic images unfold on screen, they're aware they want to hear from the presidential candidates on this.

HARLOW: Sunlen, thank you very much.

Let's go to the panel.

Kayleigh, as a Trump supporter, Hillary Clinton told supporters at a recent fundraiser, quote, "I do not know which Donald Trump will show up." Kayleigh, do you know which Donald Trump will show up?

KAYLEIGH MCENANY, CNN POLITICAL COMMENTATOR: I disagree with the premise of her point. I think the Donald Trump that is going to be there is the one that resonates with voters.

HARLOW: The one from the primary debates. Do you think he will have the same tone? He called Lying Ted, low-energy Jeb Bush. Do you think he does that?

MCENANY: No, I think the tone will be different. At the primary debate, different, with 12, 13 people on the stage. It got very raucous as people are exchanging barbs. The Democratic debates, you have two candidates, three candidates on stage. Looks more like the Democratic debate in tone and demeanor.

HARLOW: Sally, do you agree?

SALLY COHN, CNN POLITICAL COMMENTATOR: Which Donald Trump shows up? Maybe it will be exciting, maybe we will get a new one we haven't seen before who says he is against the Iraq war, once he was for it, then against it. It would be nice -- here's a thought -- given that all of the fact checkers have shown that Donald Trump not only fails to tell the truth about three out dishonest political candidate in history.


KOHN: It's just true. There has to be -- yes, there are facts and there's truth. That happens to be one of them, Kayleigh.

It would be nice if the Donald Trump who showed up told the truth.


KOHN: Didn't say Hillary wants to get rid of the Second Amendment, didn't tell outright lies about how dangerous our country is.


KOHN: It would be nice if he told the truth.

HARLOW: Let's talk about style and talk about tone. Much has been debated over if a more, quote, unquote, "presidential Donald Trump" shows up, Kayleigh, and toned down. And if it is more like the Democratic debates, that perhaps he will get a lot of praise and applause for that. Even if he doesn't have nearly as many policy specifics as Hillary Clinton does.

Do you believe that it helps him that expectations on policy specifics coming in are lower than hers? Does it help him?

MCENANY: Look, I think Pat Buchanan made a sharp analogy. He brought it back to Reagan and Carter. He analogized the way Reagan was depicted and Trump was depicted. When you look at "Esquire" magazine, they said anyone voting for Ronald Reagan is a good German voting in Hitler's German history. They're saying it was stirrings of hate. The same demonization was done of Ronald Reagan. Reagan showed up on the debate stage, was his cheery, lovable self, and that won the day. I think Donald Trump will be himself. We will see he is not the things that Sally and the Clinton campaign are describing.


[15:30:00] HARLOW: If you look back to 2000, Gore versus Bush, Sally, expectations for Gore were so high coming into that, and the bar was lower for George Bush, and he exceeded those expectations, and that hurt Gore.

KOHN: And the idea -- which no one is denying there's a double standard, the bar is lower for Donald Trump, in part, because he keeps lowering it himself. It should be so sickening to all of us. It would be nice if a more presidential Donald Trump would show up. For one to show up there would have to be a more presidential Donald Trump that exists.

I want to go back to what Kayleigh said. Look, the history of the Republican Party since Nixon through Ronald Reagan is racial dog whistles in politics.


MCENANY: -- creature of the Democratic Party --


KOHN: That's right. And 1964, you know as well as I do, Democrats and Republicans switched positions on that.

Let's talk about the Republicans since 1964. You want to talk about the Republicans and Democrats before then, fine, too.

MCENANY: I want to talk about them today. KOHN: Hang on. I am talking about when Richard Nixon ran. He said

you can't talk about segregation, he ran against forced busing. That was his code language that got white voters to come to the Republican Party because they were worried what was happening with civil rights.


KOHN: With Reagan, same thing. He talked about welfare queens on the side of Chicago, didn't need to words. Everyone knew what he meant. Donald Trump is doing the same thing now. He can show up and be as nice and smile as he wants to be, but everybody knows what he is trying to do.


HARLOW: Let me ask you about something that just --

KOHN: -- and monger fear in the American people.

HARLOW: Let me ask you something that just happened within the past few hours. As we know, Mark Cuban was invited by the Clinton camp to sit in the front row during the debate. He has been incredibly critical of Donald Trump throughout this. And he tweeted about it saying, "I will be there, bring it on, game on.

So, Kayleigh, let's pull up the tweet here. Here's what Donald Trump just tweeted. "If dopey Mark Cuban of failed benefactor fame wants to sit in the front row, perhaps I will put Gennifer Flowers right alongside him."

Why is that significant? Because Gennifer Flowers is the women with whom Bill Clinton admitted having a sexual relationship. What does this tell us what Trump will say and won't say on Monday night? Will he bring up Hillary Clinton's husband's past infidelity in the debate? Should he?

MCENANY: I don't think he will. I think they're playing mind games. That's what Mark Cuban was --


HARLOW: He specifically chose Gennifer Flowers. He could have picked someone else.

MCENANY: Sure. He is making the point there are a cast of characters Hillary Clinton would rather not see, like probably James Comey, put him in that spot, who called her careless and reckless.

HARLOW: Does this show Mark Cuban is getting under his skin a bit?

MCENANY: I don't think so. I don't think so at all. I think, look, you have two candidates that are right now playing mind games. That one contrast you'll see is Hillary Clinton wants to go down in the dirt, wants to get negative, not put forth a positive vision. She was asked how to differ on the economy than President Barack Obama, and she said, I will create green jobs. That's a laughable answer. (CROSSTALK)

MCENANY: Really policy versus negativity.

HARLOW: Before I go, if Gennifer Flowers is in the front row, or if Donald Trump does bring up Bill Clinton's past infidelities, how should Hillary Clinton handle it?

KOHN: Suggest it is outrageous, just as it would be to litigate his credentials to be president on the basis of his ex-wives. The simple truth is what's disturbing, instead of preparing for the debate-- in the last debate, when he was asked by Matt Lauer, what's your plan for destroying ISIS, and he said, I have a plan and I'll tell everyone that after I am elected, but then I will change it depending on what the generals say.


HARLOW: How should she respond if these personal issues are brought up about her marriage?

KOHN: She should suggest it is outrageous. I think all American people agree with that. These are two professionals running on -- on how she handled a personal matter that long ago. I would think we both agree that's inappropriate.


KOHN: -- shouldn't be on the table.

HARLOW: We have to leave it there. Kayleigh McEnany and Sally Kohn will be with me all day.

Thank you very much.

We have a lot ahead. Coming up next, surprising endorsement after months of bitter rivalry. Ted Cruz coming out, backing Donald Trump. What moved his hand and why now, next.


[15:37:27] HARLOW: The race for the White House this time has been defined by verbal ping pong and verbal assaults, well, few felt the sting as sharply as Ted Cruz.


DONALD TRUMP, (R), PRESIDENTIAL CANDIDATE: In the case of Lying' Ted Cruz, Lying' Ted --


TRUMP: -- lies. Oh, he lies. You know, Ted, he reads the Bible, holds it high, puts it down, lies.

(END VIDEO CLIP) HARLOW: Cruz endured Trump's targeting his wife, Heidi Cruz, with insults, even saying his father was somehow involved in the assassination of JFK, a baseless claim.

So how did Cruz get from this --


SEN. TED CRUZ, (R), TEXAS & FORMER PRESIDENTIAL CANDIDATE: He lies practically every word that comes out of his mouth. A narcissist at a level I don't think this country has ever seen.


HARLOW: -- to Cruz, endorsing Donald Trump yesterday afternoon in a stunning reversal of course.

Political reporter, Sara Murray, is with me.

Sara, Cruz got on stage at the RNC and said, "Vote your conscience," and he did not endorse Donald Trump, which was a huge surprise a huge snub to Trump. How much is this about Cruz's own political future? How much about his 2018 race potentially against Mike McCaul, and if Trump loses, not being pointed at and being told you're the reason, your lack of support for Trump, is the reason he didn't win?

SARA MURRAY, CNN POLITICAL REPORTER: Well, Poppy, Ted Cruz is a politician and I think we saw him do something that was politically motivated. It obviously took him awhile to get on board with Donald Trump and the Trump campaign did a lot, putting out more Supreme Court picks, and Mike Pence and his team working hard to get Ted Cruz on board. The reality is Ted Cruz also saw a lot more backlash than his team was expecting from wider corners than anticipated, including people in the Republican party but also includes donors who were very important to Ted Cruz and his presidential race who would be very important for him in re-election fight for the Senate and very important if he decides to go on and run for president again, number of those folks now supporting Donald Trump and made their displeasure with Ted Cruz's actions known. I think that has to be a component of what we're talking about. I think Ted Cruz looked at the backlash that was probably a touch swallow for him and made a decision that was probably a tough swallow for him. I can tell you, Poppy, a lot of people that worked on that presidential campaign are not happy to see it.

[15:40:02] HARLOW: You know, what's also interesting, I was looking back. Donald Trump said even if Ted Cruz were to endorse me, I would not accept his endorsement. A big reversal on the Trump side, too. Then they tweeted last night, "Many thanks to Cruz for his support." How much is this Mike Pence's doing? I know Pence met with Cruz. How much was it his ability to bring Cruz on board?

MURRAY: Mike Pence and his team did a lot of outreach. There are a number of former Ted Cruz staffers working for Donald Trump. But Pence has taken it on himself to try to bandage wounds from the primaries and try to offer reassurances to some more traditional Republican establishment folks who had reservations about Donald Trump. Hasn't necessarily been successful on all fronts, but had more success for Ted Cruz. What I say it is partly Mike Pence, partly Ted Cruz looking at the kind of backlash he has been getting, but you can't discount the money factor in all this. Takes a lot of money to run for president again -- Poppy?

HARLOW: Certainly does. Thinking ahead possibly to 2020.

Sara Murray, thank you very much for that.

Coming up next, much more live here from Hofstra University, the site of the first presidential debate in this general election.

Up next, also, we hit the road to Ohio and Florida, those key battleground states, where voters tell us they're looking at this election like the lesser of two evils.


[15:45:15] HARLOW: You've heard it in past elections, voters sometimes talk about casting their ballot for the lesser of two evils when it comes to presidential politics. This year, they're saying that a lot.

We have been on the road reporting from swing states of Florida and Ohio with the "CNN Money" team in the last few weeks speaking to voters, specifically about the economy and jobs and their hopes. One thing that's become very clear to us, many are not particularly excited about the choices this time around.


UNIDENTIFIED MALE: I am generally going for the lesser of two evils.

UNIDENTIFIED MALE: I think the position we're in, we have the lesser of two evils.

UNIDENTIFIED FEMALE: You have to choose the least of the two evils.

UNIDENTIFIED FEMALE: We look for who's going to do less harm.

JEFFREY CROSBY, OHIO VOTER: I think the Democratic platform is saying the same heard. They've been saying for the past 50 years. I think the Democratic Party is taking us for granted. The Republican Party literally ignores us, except for Trump. Trump is striving to make in roads, but he is a polarizing figure, so that's not helping make our cause easier.

HARLOW: Does Trump have your support?

CROSBY: I do not like how he talks about women. Hillary has done things I don't like.

HARLOW: Like what?

CROSBY: The e-mail scandal, I don't like that. I think she has been very contradictory in statements, I don't like NAFTA. I really don't like what they did in Congress in the '90s.

HARLOW: The crime bill?

CROSBY: I don't like that. I think a lot of people incarcerated didn't need to be incarcerated.

HARLOW: She has walked back comments about super predators that she made.

CROSBY: The damage is done. You speak something in the atmosphere, it sticks. I have to think about what's better for my next four years. To be honest, I am leaning toward Hillary.

UNIDENTIFIED FLORIDA VOTER: I think this election is finding the lesser of two evils. I don't necessarily think that he degrades women. I think he's stupid things about thinking. I feel like she's alliance with some of my beliefs as a woman. I don't believe with a lot of the things that have happened with the allegations with the Benghazi attacks. For me, that's just a bigger red flag than Trump's mouth.

LIZBETH MARTELL, FLORIDA VOTER: I like the fact of a woman for the first time could be president of the United States and I don't agree with paying McDonald's employee $15 an hour. First, they don't deserve it. Let's start with that. Believe it or not, even when Donald Trump came out at the beginning I was really excited. I'm like probably a businessman is what we and in this country and forget about the politics. Of course, then he opened his mouth and that was very unfortunate to really see who he really is. It is very difficult. My husband hates Hillary Clinton. I don't like Donald Trump at all. So who I dislike the least.

SCOTT HAMMOND, OHIO VOTER: What faction of government has Donald ran or handled? That's the one thing that I'll have to say about Hillary, I think she has the intelligence to run the government.

HARLOW: Hillary Clinton also said we're going to put a lot of coal miners out of work.

HAMMOND: Absolutely. Absolutely. That's the reason I'm so far against. I'm not with her either.

HARLOW: Donald Trump says he's the one to bring these jobs back. He's the one to build up your industry.

HAMMOND: Donald Trump is saying that, that's total propaganda. If you root for the Ohio State Buckeyes, he will say, "Go Bucks." If you root for Michigan, he is going to say, "Go Blue." That's my opinion of Donald Trump.

HARLOW: You don't believe him?

HAMMOND: No, not one word.

(END VIDEO CLIP) # Coming up next, we'll take you back live to Charlotte, North Carolina, site of a major rally after the shooting death of Keith Scott. Moments ago, we heard this from the president of the Charlotte NAACP.


REV. CORINE MACK, PRESIDENT, CHARLOTTE NAACP: Because of our actions as a coalition, in submitting the tape, as of today, there's an official investigation from the DOJ.


MACK: That investigation is a preliminary investigation right now. They will be coming back and having more conversations with individuals to get more information regarding individual testimonies of their own injustices or attacks of injustice.


[15:50:04] HARLOW: The reverend will join me live after this.

Much more, straight ahead.


ANNOUNCER: This is CNN breaking news.

HARLOW: Welcome back. I'm Poppy Harlow. We continue to monitor the breaking news out of Charlotte, North Carolina, and the rally and protests following the shooting death of 43-year-old Keith Scott. The city, still waiting for video from the police Department of the shooting, video they have been unwilling to release up until this appointment.

Let's go straight to Ed Lavandera. He is live at the rally in Charlotte.

And, Ed, I understand you do have some breaking news from the police department. What can you tell us?

LAVANDERA: We are with the marchers going through the streets of downtown Charlotte. And the news of the possibility of the release of this video has circulated through the crowd here. So many people -- that is what many of the chants have been here throughout the day on the calls for the police department to release this video. In fact, a short while ago, this crowd of about 500 or so people were on the footsteps of the police department, chanting to release those tapes. So many people here anxiously awaiting the release of that. Many people anxious to see exactly what it is that dash cam and body cam footage is going to show. Many people here have already clearly seen the video of the incident, and have been dissecting it and analyzing it as well. So they're very anxious to see the body cam and dash cam footage, as well -- Poppy?

[15:55:19] HARLOW: So, Ed, just to be clear here, do we know what video -- I know they haven't made a decision yet. But if they do announce they will be releasing the video it at this press conference at 4:30, do we know what video it would be? Because they have dash camera video and also body camera video taken at the moment of the shooting.

LAVANDERA: That's what we have been told, the way it's been described by the police chief over the last several days. It is simply that, that dash cam and body cam footage. Chief, who has talked about it over t last few days, they say in his view what you see on that video is not definitive. So, you know, it will be interesting to see and in a lot of ways Keith Scott's wife's video wasn't totally definitive either, as well. Because in it, you don't actually see Keith Scott being shot, and it was hard to make out exactly what he had in his hand. You do hear on that videotape police telling Scott to put his gun down, put his gun down. You also hear his wife say, and telling the police officers from a distance that he didn't have a gun, so clearly a lot of questions swirling around that. And according to the police chief and other folks we have talked to, as well, they do say that, you know, a lot of times these videos have raised more questions than answers in this particular incident.

HARLOW: Ed, stay with me.

On the phone, I have Reverend Corine Mack, president of the NAACP in Charlotte.

Thank you for being with me. Can you hear me?

MACK (voice-over): Thank you for having me.

Reverend, I want your response to the police, saying they will have this press conference at 4:30 p.m. eastern time, in just about half an hour. Do you have any word from the police department on what will be said there, and if they will the shooting of Mr. Scott at this press conference?

MACK: I do not know what they will be saying at the 4: 30 press conference. I was told that they were going to release the video. That's all I was told.

HARLOW: And who told you that?

MACK: A couple of the people on the street told me they received texts from the city. They were going to release it.

HARLOW: OK. So not directly coming from the police department. Let's --


HARLOW: As we await this press conference, let's talk about something you said last hour. You were holding a press conference there with other community leaders, and you said that there will be -- that you have been in discussion with the Department of Justice, and you said that Department of Justice has launched an official investigation. Well, the Department of Justice has told CNN's Evan Perez they have not launched an official investigation and at this point they are monitoring the situation. Can you clarify?

MACK: They have launched -- well, the statement I made was that they were launching a preliminary investigation. My understanding in the conversation we had in the last two days, it was an investigation. I was not aware that there was different levels in terms of how they do work. I also stated that we submitted tape to both the FBI and the DOJ. I was told that's what their response was, I reached out and I found out the FBI -- the tapes that we gave them also went to the FBI. They did the official investigation around the tape, but that they were actually monitoring, so that was told me when I reached out recently.

HARLOW: And, Reverend, let's talk about the bigger picture here. I mean, you said in the press conference, this is not just about, you know, this one shooting, and this death, which every single death is tragic. You said this is about a systemic problem in our city, the lack of mobility for black people, the education system. These rallies, the voices we're hearing, they are about a lot more than one shooting tragedy. Aren't they?

MACK: Yes, absolutely. It's a systemic problem. It's something that African-Americans have had to deal with all our lives. And I don't think that anyone really understands what it's like to be black unless you are black. That fear has been escalated to the point where mothers and daughters and sons and fathers fear their children and loved ones in their homes. You have no idea if you're going to return home, because of how the police accountability and lack of the escalation has absolutely destroyed families and communities.

HARLOW: Reverend, what do you want to hear from the police department today?