tv CNN Newsroom With Carol Costello CNN November 30, 2016 7:00am-8:01am PST
'. good morning. i'm carol costello in washington. thank you for joining me. president-elect trump's economic team is taking shape. former goldman sachs executive steve mnuchin and billionaire businessman wilbur ross have been named as trump picks. mnuchin is treasury secretary, ross for commerce secretary. also, trump is making this huge promise this morning, he says he will break ties with his businesses so he can focus on running the country. trump making that announcement in a series of early morning tweets. he says he will unveil the exact details during a december 15th
news conference with his children by his side. all of this after mitt romney, who is under consideration for secretary of state, puts his differences aside and breaks bread with mr. trump at a posh new york city restaurant, inside trump international hotel. we have a lot to talk about this morning. let's begin with cnn's sara murray. good morning. >> reporter: good morning, carol. well, donald trump and his transition team are making some of these top level positions official this morning. they put out a release making it clear they are choosing steve mnuchin to be donald trump's treasury secretary. mnuchin has been very loyal to donald trump. he is one of the top economic advisers with his campaign finance chairman. now, he could face sticky questions in a confirmation hearing, though. he's former goldman sachs banker. he made plenty of money as a mortgage banker at a time when lots of people's homes were being foreclosed on and democratic senators are already raring to bring that up during his hearing. but he will be working alongside other folks who are going to be working to implement donald trump's economic agenda.
wilbur ross, for instance, will be donald trump's pick for commerce secretary. he's a billionaire investor and has really been the leading candidate for this role for the last few days, maybe even few weeks, so not exactly a surprise there. what is a surprise is them sort of rolling all of this out together in addition to a deputy commerce secretary which is todd ricketts, co-owner for the cubs. his family has been critical of donald trump in the past. yet another example of letting bygones be bygones. all these folks will be working hand in hand trying to implement donald trump's ecomic agenda. earlier today, mnuchin gave reporters a taste of what they think their priorities are. >> our first priority is going to be the tax plan. the tax plan has both the corporate aspects to it, lowering corporate taxes to make u.s. companies most competitive in the world, making sure we repatriate billions of dollars back to the united states. we will have the most
significant middle income tax cut since reagan. we will incorporate a child care program. this will be a tremendous boon to the economy. >> reporter: now, even though donald trump is making progress on some of these economic appointments, there is still the thorny issue of the secretary of state position. donald trump of course dined with mitt romney last night. while they were expected to be joined by their wives, instead they were joined by reince priebus, donald trump's chief of staff heading into the white house. trump did not tip his hand about which way he's leaning. we know there are other candidates in the mix. for instance, senator corker, rudy giuliani, potentially david petraeus. he didn't really say one way or another where he's leaning but mitt romney certainly had much more favorable things to say about donald trump after that dinner than he did on the campaign trail. >> interesting. sara murray, many thanks to you. i appreciate it. let's talk some more about trump's economic picks with cnn's christine romans because
i'm looking at steve mnuchin's to do list and it's extensive. in fact, he wants to slash taxes across the board and regulations for corporations, some regulations? >> yep. he's proposing here the biggest tax reform since ronald reagan and pledging to work with congress to get it done. he's promising 3% to 4% growth. we just showed you that economic number last week that had economic growth at 3.2% in the third quarter. he says he can do that on a sustainable basis. he wants to cut the corporate tax, he was talking about 15% was the number tossed around this morning when he was on a television interview, and that would allow you to repatriate trillions of dollars back to the united states. for real people, not for companies, but for regular joes, he says he really wants to give the middle class a big tax cut. when asked about the tax cut for the rich, because a lot of tax scorers have looked at donald trump's plan as it stands and said rich people will get the
biggest tax cut of all, mnuchin says no, he can offset some of the deductions maybe on how much mortgage interest they can deduct and other things so they won't have a big tax cut the way some of the tax scorers have said. again, all that has to go through congress. coming out on day one saying the biggest thing for them is tax reform. >> interesting. okay. so donald trump and mike pence made headlines last night because they convinced the carrier corporation to maintain their operations in the state of indiana and to keep some of those jobs there in the united states instead of moving them to mexico. >> that's right. you recall in february, there was a viral video of a plant manager explaining to hundreds of factory workers for carrier air conditioning plant that their jobs are going to mexico. it was a business decision, nothing personal. that became really a rallying cry on the campaign trail. donald trump said i'm going to keep those -- i'm going to keep the workers here. i'm not going to let companies do that. so we don't know what was promised to carrier. mike pence is the governor of indiana. were there tax breaks that were
promised for them to stay, some sort of incentive to stay there, or did they promise to stay there so there wouldn't be other potential penalties for its parent company, united technologies which by the way gets a big majority of its revenue from government contracts, right? so what exactly went on here? we don't know. we haven't seen the details and the union is saying they don't know exactly, they weren't consulted in this deal either. donald trump and carrier both saying there will be an announcement on the jobs staying here. i will say the tweet from carrier said a thousand jobs. in february, carrier said 2100 jobs will be moving to mexico, two different carrier and carrier-related facilities. we don't know exactly which workers are staying here and we don't know any of the details. i want to be really clear about that. >> christine romans, many thanks to you. of course, no one welcomes this news more than the 1,000 people who now get to keep their jobs and that could include robin
maynard, who worked for carrier for 24 years and joins me now from indianapolis. good morning. have you been assured that you will keep your job? >> other than hearing the late-breaking news last night, that's all i have heard, that there's 1,000 jobs which are going to be retained here in indiana for us. so outside of where the seniority falls, i'm assuming that my job will be one of them kept because of my seniority ranking. >> so you still have a little bit of unsettled feeling in your stomach because you're not 100% sure. >> well, with my seniority of 24 years, i was like 150 from the top of the seniority list so i'm banking my job's kept. i'm just not sure where they're going to draw the line at as far as other people in the factory, how far back they'll go and what their plans are -- go ahead. >> does it much matter to you
how this was accomplished, just that it was accomplished by the president-elect and governor pence? >> i'm glad it got done and became a quick deal. as far as how it got done, i'm not totally sure. i'm kind of like you guys, would like to know what was actually drawn up in the process and where they're heading with like our pay, you know, if that got cut or whatever. hopefully come tomorrow afternoon when president-elect donald trump and vice president-elect mike pence come into town and speak with us, they will maybe draw up the lines of what's going to come out in the process. >> so that's one of your worries, that this deal may involve maybe a pay cut or cut in benefits for you and your fellow workers? >> it is a worry. i mean, i hope that they didn't cut it big-time, you know.
like i'm on the scale of the $20 an hour range and they cut it down to $12, $13, $14, $15, yeah, that would be a concern. but from some of the things i'm hearing on the news and stuff with the government contracts and stuff, i'm just wondering if that was the big holding procedure for donald trump against the company and maybe we didn't get a cut in pay, you know. i'm hoping maybe everything stays as is and that's what he used as leverage. >> are you surprised that the president-elect picked up the phone in the middle of naming his transition team to reach out to carrier to try to save jobs for indiana? >> not so much surprised. i'm just kind of surprised that he's done it before he got into office, taking his thanksgiving holiday, times we spend with our family and friends, to be thankful for and he's working on jobs to keep the jobs here for
us, so i'm thankful that he went out of his way on thanksgiving to work for us and then you know, they didn't waste any time in doing that. they got right into the office on monday and started working with carrier on the deal. i assume that the deal might not have broke and been finalized for two, three weeks out. a couple days into it, they have already come to an agreement to keep -- >> i know. we will find out more. just a final question for you, because a lot of people are wondering because trump is naming a lot of billionaires and wall street guys to his cabinet and to his staff, and some people worry that the little guy will again be overlooked because there are so many billionaires working for trump. do you have that concern? >> not really. because i feel like right now, he's actually looking out for the blue collar workers and wants to retain those jobs here
in america and not send them either to china or to mexico or somewhere like that. i feel like he's looking out for us little guys down here and wants to protect the jobs and keep them here in america and not outsource them to other countries. >> robin maynard, thank you so much for joining me this morning. i do appreciate it. >> thank you. coming up in the "newsroom" an economic team with major promises. donald trump says he's out of the family business but who will his secretary of state be? that's still anyone's guess. we will talk about that next. people say, let's just get a sandwich or something. "or something"? you don't just graduate from medical school, "or something." and we don't just pull smoked chicken, bake fresh foccacia and hand-slice avocado. there's nothing "or something" about it.
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a busy day for donald trump unveiling his economic team and saying he are leave his business to focus on being president. let's talk about that and more. abby phillip, national political reporter for "the washington post," jason johnson, politics editor for the root.com. sirius xm contributor and morgan state university professor and cnn politics editor mark preston joins me as well. welcome to all of you. >> morning. >> good morning.
so mark, trump ran on this promise to drain the swamp of insiders and elites but a billionaire and former goldman sachs partner is his pick to lead treasury and the commerce department? is that draining the swamp? >> you know, we shouldn't be surprised by it. first of all, his treasury secretary was his campaign finance chairman, the one in charge of raising all of the money from outside sources. he also has a long history on wall street and understands the economy and whathave you. he does have some baggage, though. democrats will surely try to exploit it. also, wilbur ross is a democrat. interestingly enough, he gave to hillary clinton or donated to hillary clinton and to barack obama. somebody that some conservatives are actually not that happy that ross has gotten picked but again, somebody who understands the world economy and really, these are big jobs for these gentlemen. we saw steve mnuchin talk just last hour about what his plans are to move forward and implement donald trump's policies and also wilbur ross
will be in charge of dealing with china as well as dealing with all these trade deals donald trump talked about on the campaign trail. >> back to steve mnuchin for just a second, trump's pick for treasury secretary, elizabeth warren came out and called him the forrest gump of the financial crisis because he made a lot of money off subprime mortgage -- that whole debacle. he made a lot of money off that, right? jason, should americans worry about that or can he be a treasury secretary for the common man? >> you know, on the scale of things that are worrisome about this incoming administration, mnuchin is actually near the bottom. you have a lot of people in washington, d.c. who benefited from the financial morass of the great recession and i don't think trump is radically different than some of the people he's picking from previous administrations. we should be more concerned about the fact he doesn't seem to be picking anyone with any previous cabinet experience,
people who have no previous government experience, people who have not been connected to the regular economy in decades and decades and decades on end. the indicator that he will be sensitive to the needs of your average main street american are next to nil. that is something i think everybody should be concerned about. >> wait a minute. i just interviewed a carrier worker who says he's quite comfortable with donald trump's picks. donald trump after all picked up the phone, called the ceo of carrier and convinced that company to maintain its business in the state of indiana and not mexico. he's perfectly comfortable with donald trump's billionaire picks. >> i think that's a really great point. so many americans who voted for donald trump are looking at this week and seeing exactly what they voted for, which is someone who is going out of the normal sort of channels of government, picking up the phone, calling a ceo, bringing the jobs back that he promised to bring back and they are much less concerned about the normal debates about
who is going to be at the treasury department and who's going to be at the commerce department. in fact, donald trump ran as a businessman and i think that many of his supporters will not be surprised that he's putting other people from his world into government and for people in washington, folks like steve mnuchin and wilbur ross are going to create fireworks in confirmation hearings and so on and so forth but for the most part, they do not really go too far outside of the bounds of what republicans might want from people in the treasury department and people at commerce, and from what democrats might expect from a republican administration. >> i'm glad you brought that up. because if you look at trump's picks, i will pose this question to you, mark, mnuchin on his to do list, lowering corporate taxes, making u.s. companies the most competitive in the world, peeling back regulations so we can make sure banks are lending. trump's pick for health and human services secretary, he wants to revamp medicare which is what paul ryan wants to do,
right? he also wants to abolish obamacare. actually, this just sounds like a big old christmas party for the republican party, doesn't it? >> in many ways, it is. what we have now is republicans in control of washington, at least for the next two years, perhaps the next four years, and a lot of what donald trump wants to do is what republicans have been trying to do but have been unsuccessful. having said that, republicans at the end very likely will only have 52 votes in the senate. pretty good number of votes. that will get through all the nominations but there's still going to be very big legislative fights. let us not or at least take stock in the fact if donald trump doesn't do what he said he would about trying to bring jobs back here, the american people are going to come back at him. this is what elections are all about. donald trump has a couple years to try to get something done. if he doesn't get something done, bottom line is who will end up having to pay the price. >> so let's talk about donald trump possibly cutting all business ties with his many, many companies throughout the world. do you think he will totally
divest ownership of those companies or will he simply turn over control of those companies to his children? >> yeah. i don't think it's possible. i mean, whatever kind of legal separation that donald trump may actually ask for is not going to change the fact that because he's president of the united states, because he has a very well-known brand around the world, it's still going to have an effect on how much people want to engage in his businesses. whether or not he's going to make a personal phone call if jared kushner makes a phone call, if ivanka trump makes a phone call, if anyone in his family or inner circle makes a phone call it will actually improve his businesses, i don't think that's inherently a problem. just because you are rich doesn't mean you can't be president of the united states but it is a concern because since he never gave over his tax returns, the american people still don't know how many tentacles he has in what kind of businesses where and we can't even know the depths of conflict of interest. being rich isn't the problem. the connections might be regardless of what he does going
forward. >> abby, do you have any confidence mr. trump will actually offer proof that he's totally divested of any interest in his companies throughout the world? >> it's very unclear what donald trump is going to prevent. he's talking about a press conference in which he's basically going to codify the handing over of his businesses to his children which is something we already knew he wanted to do and it is still insufficient because it doesn't actually address the real conflict which is that all signs point to jared kushner being a key adviser to the president-elect and his daughter ivanka being a close adviser to her father. that's not sufficient to deal with some of these conflicts. we still have a case where foreign leaders all over the world are looking at trump hotels and trump properties and trying to decide hey, i wonder what we can do to make this relationship go more smoothly. donald trump needs to both do something materially to address those concerns and also to
demonstrate to the american people that he understands that those concerns about the ethics of that situation are real and they need to be rectified in some way, shape or form. >> also, like for example, i always like to use this example because it's simple. he has a loan from a chinese bank, like a $900 million loan or something like that. so let's say he divests himself of all business ownership, couldn't china use that as a sledge hammer, right, because wouldn't you hear about it anyway? >> no doubt. i would even make it an even simpler example. donald trump could be sitting around the dinner table with his kids saying hey, how are the businesses going and then offering advice about what to do. to your point, you talk about china, using it as a sledge hammer, what about a world leader deciding to put a trump hotel in downtown city wherever they are, or anything along those lines. it's very hard, i don't know if there is a way out of it, to be quite honest with you.
there are no laws on the book. there is a law, there is something in the constitution that would prevent the president from getting a gift basically, but the bottom line is that's very very vague. this is very very difficult and it's obviously something we will be watching but again, i go back to what i said about the american people. the american people in the end are going to make the decision about whether donald trump makes himself, makes the right decisions or not. >> have to end it there. thanks to all of you. coming up next in the "newsroom" we are live in charlotte, north carolina, where officials will soon announce if charges will be filed in the police shooting death of keith lamont hill. we'll be right back.
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'. soon the district attorney in charlotte, north carolina will announce whether or not he will seek charges against the police officer who shot and killed keith lamont scott. scott was killed back in september after police say he stepped out of his vehicle with a gun. his death sparking two nights of violent riots in the charlotte area. cnn's brian todd is there now and joins us with more. good morning. >> reporter: good morning, carol. a very highly anticipated announcement coming in just a few minutes from the county d.a., will he file charges against the officer who shot scott, brentley vincent. other information we are anticipating maybe getting answers to, police say that officer vincent fired because he was under a threat from keith scott. the family of course of keith scott denies that.
we want to find out exactly what the threat was that officer vincent felt at that moment and did keith scott indeed have a gun as police have said. keith scott's family has said he did not have a gun. some key questions hopefully will be answered in the next few minutes when andrew murray speaks here. this is the culmination of a more than two-month investigation into the shooting requested by keith scott's family. we are told that the d.a., andrew murray just met with keith scott's family in the last hour and may be on his way over here right now. >> brian todd reporting live from charlotte, north carolina. of course, we will keep an eye on charlotte. any time that announcement is made of course we will take you back there live. good morning. i'm carol costello in washington. thank you so much for joining me. donald trump has outlined the major players on his economic team, a series of familiar faces to the men and women who work on wall street. for treasury secretary, former goldman sachs executive steve mnuchin. for commerce secretary,
billionaire investor wilbur ross. and chicago cubs co-owner todd ricketts as deputy commerce secretary. let's talk about this. i'm joined by john allison from the cato institute. good morning, sir. >> good morning. >> good morning. i know you met with donald trump with the possibility you might become the treasury secretary. what was that meeting like? >> it was very interesting. i would say president-elect trump is very committed to accelerating economic growth. he believes that -- he knows he was elected by the so-called working class. he believes the solution to the working class problem is to accelerate economic growth and he wants to do a major restructuring of the tax laws, lower, flatter less complicated taxes and wants to do a lot of deregulation. that's really mostly what we focused on. >> got you.
so steve mnuchin, because you say donald trump wants to work for the little guy, right, but steve mnuchin is a goldman sachs guy, has his own private equity fund, he's a hedge fund guy, right, he has close ties to wall street. so how will he serve the little guy with that kind of experience when he's very much a wall street insider? ' >> well, i think that's a fair question. i like steve. i met him for the first time when i was visiting with president-elect trump and we spent a long time talking. he does have what i call a main street experience. he bought a failed bank, he turned it around and then sold it and he got the experience of trying to work with government regulators when he was actually doing them a favor taking over a failed bank. but you're right, he doesn't have as much main street experience and that's just an objective fact. but i do believe that's their goal, you could argue about their knowledge of main street. >> but he will also be in charge of regulating wall street as
treasury secretary. again, very much an insider on wall street. how does that work? >> well, i think he understands wall street which is in a way good, because he understands a lot of its weaknesses. he did choose to get out of goldman sachs on purpose. he didn't like some of the things i think that were happening in that environment. so i think he's reasonably objective. again, i think it's a fair question but he's a smart guy and i think he's well intended in terms of trying to drive economic growth and i think he's not afraid of wall street which is some advantage. but it's a fair issue. >> i ask you all these questions because wall street seemingly loves trump, it's been going crazy, right? i'm sure that the wall streeters are looking forward to a 15% cut in the corporate tax rate because that's what donald trump suggested during the election. they are looking forward to massive tax cuts for the wealthy, a rollback for the
wealthy, rather, and a rollback of regulations. democrats say these things will balloon the deficit, right, and raise interest rates. will they? >> i think clearly, you are seeing interest rates move up but part of that's expectation of more rapid growth which is not all bad. we have had a suboptimal recovery. we should be objective about that. the growth rate since the beginning of the recovery has been way low compared to historical standards. something is wrong. we should be growing long-term at 3%, over the short term we should be growing 5% or 6% which is typical recovery numbers. certainly tax policy and regulatory policy have played some role. i personally believe dodd-frank has been extremely destructive to community banking. i don't think that was the intention but i started as a small business lender. my bank was a community bank. we grew into a bigger bank but i helped a lot of people get into business that created a lot of jobs and am proud to do that,
but we couldn't make those loans today. i talked to bernie marcus, who started home depot and he said he couldn't get those kind of loans to start in today's environment. that has been a consequence not necessarily an intention of dodd-frank. and that's been important in economic growth because it's hurt entrepreneurship and that's what spurs economic growth. i think being objective, yes, wall street can be dangerous. i agree with that. but thinking about how we undo the really negative parts of dodd-frank is really important for economic growth. >> have to leave it there. thanks for letting me pick your brain. i appreciate it. still to come in the "newsroom" despite harsh conditions, pipeline protesters are not budging. the major reinforcements slated to set up camp even in weather like that. we'll be right back. ...and choose any car in the aisle. on average, four out of every five rentals at national is a free upgrade.
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a critical vote on capitol hill today in a big test for nancy pelosi. any minute now, pelosi and her democratic colleagues will vote on who should lead the party after the stunning loss in the presidential election. one of those colleagues, ohio congressman tim ryan, is challenging pelosi for the spot, for her spot, the minority leader's spot, saying his party needs to quote, hit the reset button if it wants to win. our senior political reporter manu raju is on capitol hill this morning. >> reporter: actually right now as we speak, congressman tim ryan is addressing his caucus behind closed doors trying to make the pitch that he should mount the upset victory against nancy pelosi. it would be a major upset if he were to pull this off. pelosi just had a number of colleagues speaking in her favor, nominating speakers including congressman adam schiff, saying she would be the best person to bring the party back to the house majority.
on his way into the room, i had a chance to catch up with congressman tim ryan and despite the expectations that he's not going to win this race, he was feeling pretty bullish. >> what's your prediction? >> i don't make predictions. the votes for change are in the room. we have to see if we can get them out. >> reporter: the question after the vote will be how much power pelosi still has within her caucus. remember, she's been running the democratic caucus since 2003 and has had sort of an iron grip as she's run this democratic caucus but if she loses a lot of votes, even if she wins, it will show that she's a little bit vulnerable. a lot of folks are nervous about the way forward. but if she wins overwhelmingly and puts to rest any challenge, it will show there's a lot of confidence behind her leadership. so a big test for her right now. the vote is about to take place. i'm told by sources in the room. it's a secret ballot election so
we don't quite know how this is going to shake out. people can vote their conscience without worrying about repercussions from the leader. carol? >> until afterwards. manu raju, thanks so much. protesters fighting to block the dakota access pipeline vowing to stand their ground, despite harsh winter conditions and an order to vacate. now as many as 2,000 veterans are planning to serve as human shields for the protesters next week. cnn's sara sidner is live with more. >> reporter: good morning. we are standing in the main camp here in north dakota and this is where there are now thousands of people who are camped out there, staying in things like tee-pees and regular old tents. a lot of folks here trying to keep warm. it is absolutely freezing. there has just been a major snowstorm that has passed over for the last couple days which explains why you are seeing such a snowy scene in front of you.
the reaction to the governor and the army corps of engineers basically saying look, you have to leave this camp by december 5th, the governor ordering an evacuation order right now, the reaction has been we're not going anywhere. that is what we heard time and time again from the people who are now living here and they are starting to put up some structures made of wood, so some more strong, permanent type structures giving you a real idea of how committed they are. they have also said that they will leave, they will go, if the pipeline stops. that's their caveat and it's nothing less than that is going to have the folks that are here right now leaving this camp. carol? >> police could come in and start arresting people, right? >> reporter: well, it's interesting. the army corps of engineers said they would get everybody out of here by december 5th, then they pulled back, said wait, we are not going to forcibly remove
anyone. then we heard yesterday from law enforcement authorities including the sheriff's office saying they were going to stop all supplies and people from moving in and out of this camp. then an hour later, the sheriff's department said no, that was a misunderstanding but they might be doing things like fining folks, trying to bring things into the camp, for example, bunches of wood so they can make permanent structures. we have not yet seen that. that was supposed to start yesterday and we haven't seen that at all. we have not seen them blocking off more roads at this time. but that's the concern here. again, the response to that is they feel like it's psychological warfare, they are trying to make people afraid and encourage them to leave which the government is encouraging them to leave, at least the local and state government, but people are saying we're not leaving and they are trying to get that message across by hunkering down here and trying to stay warm. but also, they are doing lots of things here, meeting every day two or three times a day and
really organizing in a very very stern way. they keep every morning 9:00, everybody gets up and talk about what they're going to do each day. so it is an interesting scenario here. as far as moving them out, i'm not sure what authorities are planning to do and neither are they. carol? >> should be interesting. thank you, sara. still to come, several hundred united states marines are about to call norway home. why? that's next. looking for a medicare prescription drug plan
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go over in detail all the evidence in this case, and to also discuss our legal analysis that my prosecutors and i went through to make the decision that we made. as you can imagine, it was a difficult discussion. however, the family was extremely gracious. no one, and i mean no one, should ever experience, let alone witness, the violent death of a loved one. confrontations in which deadly force are used are among the most important cases my office will ever handle. we have a duty to objectively analyze the totality of evidence
and circumstances and that means we must face difficult issues. which we will discuss today. but it's important that during this process, we, prosecutors and the public alike, never lose sight of the fact that a family is grieving. at the end of our discussion today, a detailed report will be published on our website so it is available to the public and obviously, you. i would like to share information from that report and i will start by describing how much, how my office undertakes the review of any fatal officer shooting. in these cases my office uses a protocol that incorporates nationally recognized best practices and is designed to ensure a thorough and impartial review of each case. any time someone is killed by an officer working in the line of duty, a representative from my office reports to the scene and monitors the investigation. in this case, two of my most
senior prosecutors responded to the scene. we were given complete access to every part of the investigation. when the investigation is complete and the law enforcement agency has turned over its investigative files, the case is presented to my homicide team, which analyzes evidence piece by piece and considers how state law would apply to the case. then the group makes a recommendation to me as to whether or not charges should be sought. in the final step, i personally and thoroughly review the entire file. i can tell you that in this case, i thought it was important enough to have additional senior attorneys weigh in so my executive team and my previous homicide team members joined the present homicide team for this review. bringing together a group of about 15 career prosecutors.
their recommendation was unanimous. that bears repeating. 15 career prosecutors and their recommendation was unanimous. the law that must be considered in these cases revolve around self-defense. under state law an imminent threat of death or great bodily harm allows someone to respond in such a way as to negate or stop the threat. the same legal standards apply to both private citizens and police officers. the only difference is that by the nature of the work they are asked to do on behalf of the community, police are sometimes required to run toward rather than run away from dangerous situations in order to protect the public. several federal civil court rulings are instructive in cases of officer-involved shootings.
essentially the law says we have to determine whether it was reasonable for the officer to believe he needed to use deadly force. the u.s. supreme court found that this reasonableness must be judged from the perspective of a reasonable officer on the scene rather than with 20/20 vision of hindsight. and that this reasonableness must allow for the fact that police are often forced to make split second decisions in rapidly devolving situations. the courts also say that the constitution does not require police officers to wait until a subject shoots to confirm that a serious threat of harm exists. i will now discuss the time line events and provable facts. on september 20th, charlotte police department officer vincent and sergeant pendergrass were conducting surveillance at
an apartment complex off old concord road to locate a person not related to this case. officer vincent parked his unmarked van in the complex parking lot with the sergeant concealed in the back. because both were working undercover, they were in plain clothes. basically, the officers in the van pulled nose forward into a visitor spot. the sergeant is in the back hidden with tinted windows. officer vincent is driving. while conducting this surveillance, mr. scott parked his white suv close to the van. officer vincent saw mr. scott exit the suv and walk past the van. officer vincent said it appeared as though he was trying to look into the van's tinted windows. at that point, officer vincent was concerned their cover may have been blown but mr. scott got back into his suv and drove away. the officers remained in the unmarked van. we now know at this point, mr. scott went to a nearby
convenience store. investigators later discovered a time-stamped receipt in his suv that led them to the store. where they found surveillance footage showing that mr. scott parked outside and then entered the store. i'm about to show you a video of mr. scott parking directly in front of the store and then stepping to walking into the store. i will call your attention to his right ankle as he goes to close the door that does not close immediately. i can't find the slide.
so this is scott pulling up in his white suv. he gets out, the door doesn't close. watch his right ankle as he turns to close the door which will be on the right side of the frame. there. that's a pixellated picture of that scene. the bulge you can see here is consistent with the holster and gun that later -- that was later described by officers and located at the scene. within minutes, mr. scott returned to the apartment complex, where he parked beside officer vincent's van. when he parked beside the
vehicle, he backed in so you have the police officer nose in, you have him backing in with the driver side doors close to each other. at that time, mr. scott opens his door, leans to the side, empties a cigarello, for those of you who don't know what that is, it's just a small cigar, empties it and begins to put in marijuana from a pill bottle and roll it. the pill bottle and marijuana blunt, blunt because it was smoked when it was later located or recovered at the scene. at this time, the officers decided the marijuana did not warrant an interruption of their surveillance operation. officer vincent told investigators and i quote, we're not really worried about a little marijuana.
that all changed when officer vincent saw mr. scott holding up a semi-automatic hand gun as he sat in his vehicle. officer vincent told sergeant pendergraft what he had seen and they decided to leave and come back with marked cars to make an arrest for the marijuana and further investigate the firearm. these observations are corroborated by both officer statements as well as radio traffic in which sergeant pendergraft asked other officers to join them because they had seen a man with drugs and a gun. i'm going to play you that radio traffic.
this radio traffic is important because it corroborates the fact that officers saw mr. scott with a gun before any action was taken. officer vincent and sergeant pendergraft met nearby with officer miranda and wiggens. they decided to return to the parking lot with their undercover vehicles and they instructed officer hoffstetler to join in at the scene with a marked patrol vehicle. officers vincent, miranda, wiggins and sergeant pendergraft were wearing plain clothes and
all four put on tactical vests. officer vincent's vest had his badge clearly displayed on the chest. the others had vests with the words "police" in bold letters completely across the chest. officer hofstetler was in the marked unit and wore a typical police uniform. the officers had decided that officer vincent would use his unmarked van to pin mr. scott's vehicle into the parking space so that the suv could not be after officer vincent parked his van in this manner, officer miranda, who was wearing the tactical vest as previously described, approached the passenger side of mr. scott's suv. it was at this point that the officer says he saw mr. scott reach for his ankle holster. officer miranda saw the butt of the gun sticking out of the
holster. he yells "gun, gun" to his fellow officers. in his interview with investigators, officer miranda said that mr. scott looked at him and then pulled the gun out of the ankle holster. officer miranda began yelling drop the gun, drop the gun. officer hofstetler, he's the officer in uniform, ran to the suv, in the regular uniform, ran to the suv and tried to break the passenger side window with a baton. as he did this, he reported seeing mr. scott holding a gun in his right hand as he was seated in the suv. after officer hofstetler broke the window, officer miranda said he saw mr. scott take a deep breath and exit the suv. officers vincent, hofstetler,