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Kushner, Witkoff Meet With Putin In Moscow Ahead Of Ukraine Visit; NYT: Pentagon Polygraph Tests Members Of Joint Staff; Ground Zero Security Tightened For 9/11 Anniversary. Aired 6-7p ET

Aired September 05, 2026 - 18:00   ET

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

[18:00:46]

OMAR JIMENEZ, CNN HOST: Passengers on an American Airlines flight had to jump into action mid-air to restrain a man during a violent outburst and passengers say the man who was sitting in first class, yes, this is this is what ended up happening. He was sitting in first class, then he got belligerent, started hitting the person next to him and another woman who tried to intervene and they say he was also yelling racial and homophobic slurs on the flight from Dallas-Fort Worth to Newark.

So two men, one a retired police officer, restrained him with zip ties and duct tape until the plane was able to make an emergency landing, and they restrained him with a lot of duct tape, as you can see there.

The was arrested and the flight continued to its destination. You went from just sitting in first class, and now your whole trip is messed up. It couldn't have been worth it. But hey, I am sitting here. They are out there. Another hour of CNN NEWSROOM starts right now all right.

[18:01:37]

OMAR JIMENEZ, CNN HOST: Hi folks! Welcome to the CNN NEWSROOM. I am Omar Jimenez in New York.

Tonight, U.S. envoys Steve Witkoff and Jared Kushner are meeting with Russian President Vladimir Putin in Moscow. Their trip comes as part of a renewed push to end Russia's war with Ukraine. Kushner and Witkoff are set to travel to Kyiv next, and it will actually be the first time they visit Ukraine's capital, despite having traveled to Moscow multiple times during the war.

This latest effort to end Russia's War with Ukraine comes as efforts to end the U.S. war with Iran have largely stalled. Earlier today, U.S. Central Command announced that it had struck three Iranian tankers in response to Iran firing at U.S. Navy vessels overnight.

CNN correspondent, Julia Benbrook joins us now.

So, Julia, what is the latest you're hearing about these talks between Putin and the U.S. delegation?

JULIA BENBROOK, CNN CORRESPONDENT: Well, special envoys Steve Witkoff and Jared Kushner, they are in Moscow. We have reached out to The White House for more details now that this meeting has wrapped, but we do know that it lasted for roughly three hours.

And in a call with reporters, the Kremlin said that the U.S. representatives were focused on bringing the hostilities to an end and that there were a number of considerations when it comes to possible paths.

Now, Moscow is expected to be the first step on this trip. Ukrainian President Volodymyr Zelenskyy has confirmed that the two are expected to visit Kyiv on Sunday.

Now a stop at the Ukrainian capital, that would be the first for these envoys, and it comes as Ukraine has been seeing just a barrage of Russian missiles. They have also been pleading with the united states for more patriot missiles to help intercept those, to help grab those.

Now, as this is all happening, President Donald Trump has said that he has these great negotiators, and he is sending them to essentially see what they can get done here. Now, at the same time, he is also mentioning the complicated nature of these discussions, and that is notable because when he started the second term, he said that this conflict would end easily and it would end quickly.

He now says that there are some ideas for paths for peace, and that's what his team is looking for. Take a listen.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENT OF THE UNITED STATES OF AMERICA: Now, we have an idea for peace. Look, I said late wars. Most of them were supposed to be, in my opinion, more difficult than Russia-Ukraine. It is a personality problem in Russia-Ukraine. You have President Zelenskyy and President Putin, they truly hate each other. Do you know what hate is? They have serious hate.

(END VIDEO CLIP)

BENBROOK: Now, previous attempts to bring this to an end, Russia's full scale invasion of Ukraine stalled last winter after multiple rounds of talks mediated by the United States and some of the key sticking points there were territory as well as security guarantees.

Now both Russia and Ukraine have said that they will stop the attacks in the cities where these negotiations are taking place for three days now -- Omar.

JIMENEZ: All right, Julia Benbroook, really appreciate the reporting. I want to bring in now former U.S. Ambassador to Ukraine, William Taylor.

[18:05:10]

So, Ambassador Taylor, this will be the first visit by Jared Kushner and Steve Witkoff to Ukraine. I wonder how you're assessing that? Is that in itself a step forward? WILLIAM TAYLOR, FORMER U.S. AMBASSADOR TO UKRAINE: A long overdue step forward, Omar.

As you reported, you know, they've been to the Kremlin eight or nine times. They have never been to Kyiv. They've never heard directly from the Ukrainians and they have been putting pressure on the Ukrainians and never putting pressure on the Russians. So, yes, it is about time that they visited President Zelenskyy in his capital.

JIMENEZ: And obviously, we are years into this war after the full scale invasion and part of the diplomatic sticking point is that Putin has called for Kyiv to give up control of large parts of its territory, give up its ambition to join NATO and dramatically reduce the size of its military, and that has sort of been where things have stood. Ukraine has previously rejected these conditions, obviously, but how do you move negotiations forward if Russia still maintains that maximalist position?

TAYLOR: You pressure Putin, Omar, that's the answer.

You have to put pressure on Putin so that he understands that he can't win. He can't keep making these outrageous demands. We remember that he is the one who invaded. He is the one who started this. The legitimate request, the demand from the Ukrainians is get out of our country.

But no, they are willing to compromise. They are willing to make a deal. They are willing to have conversations, Putin isn't until he gets pressure, and that pressure has to come militarily and the Ukrainians are doing that financially, economically, and the Europeans with the Americans, are doing and can do more on that.

JIMENEZ: So on the military side of things, I mean, look, Ukraine has used probably to the maximum degree, drones in trying to aid their one, their offensive actions; but also, some defensive as well. But they've also been facing down waves of Russian aerial attacks while struggling with a critical shortage of interceptor missiles.

And as I mentioned, they've struck still several warehouses that they claim are supplying Russian forces, Ukraine offensively doing so.

So how strong is Ukraine's position coming into these talks? Where do you assess them?

TAYLOR: Very strong. They are very strong on the ground for the reasons that you said. It is very strong that the Ukrainians are striking deep into Russia, as you just said. It is very strong in terms of the economic pressure being put on Putin. His economy is in very bad shape, so that's a strength for Ukraine as well.

Ukraine has allies, Omar. Ukraine has allies. The whole West is with them. The Russians don't. But you're exactly right. The Russians can shoot ballistic missiles at the Ukrainians, and now, the Ukrainians are very constrained in their ability to shoot them down. That's their one vulnerability; otherwise, they are in a good position. JIMENEZ: So I think it is fair to say, unlikely, there is going to be a quick resolution or long standing ceasefire here. So knowing that, how does President Zelenskyy keep the Trump administration's focus on this war while the U.S. war with Iran drags on?

TAYLOR: President Zelenskyy is hopeful that the Americans can do something in this regard. Negotiations, but he is not expecting very much from the Americans. The Americans have not delivered. This administration has not provided weapons. This administration has not provided support, economic support. The negotiations have not gone anywhere.

So the expectations from President Zelenskyy and the Ukrainians about these negotiations are pretty low.

JIMENEZ: You visited Ukraine several times during this more than years' long war, as we've been talking about. What is your sense of how the Ukrainian people are feeling as this drags on, and especially during your visits there?

TAYLOR: Well, I have been there 14 times since the big war started, and I will be there next week again, and in November. And the Ukrainian people are tired. The Ukrainian people really do want peace. They are tired.

They are up every night in bomb shelters because of what the Russians are doing, every night, sometimes during the day as well. They want peace. However, they are not willing to give in to the demands that Putin puts on them. They are not willing.

They resist that. They are tired. They want this to end, but they will not live under the Russians.

JIMENEZ: Ambassador William Taylor, really appreciate you being here. Thank you for the time and expertise.

TAYLOR: Thank you, Omar.

JIMENEZ: Of course.

All right, coming up, we've got some new reporting about the lengths the Pentagon is going to uncover leaks inside the Defense Department. I am going to talk to a former Pentagon spokesman under President Trump, next.

Plus, for 10 days, a Chinese man was trapped inside a hydro power tunnel in Nepal, shouting for help. Today, he was rescued.

We will bring you that story.

And then new security measures in place days before the 25th Anniversary of the September 11th attacks. We will talk about that as well. You're in the CNN NEWSROOM.

(COMMERCIAL BREAK)

[18:14:47]

JIMENEZ: Officials tell "The New York Times" several members of the military's joint staff have had to take part in polygraph tests as part of an investigation over leaks to journalists. "The Times" reports the investigators focused on questions about how the Iran War was creating a shortage of U.S. munitions stocks.

A Pentagon spokesperson told "The New York Times, " the department "... does not comment on internal personnel or investigative matters, but takes all leaks of classified national security information extremely seriously and investigates accordingly."

[18:15:16]

Adding, "... securing classified information is critical to ensuring the security of the United States and of our troops deployed around the world."

So I want to bring in Marine Corps veteran and former spokesperson for both the Pentagon and the National Security Council, John Ullyot.

John, let's just start with have you ever heard of the Pentagon carrying out an investigation like this, particularly with senior members of the military?

JOHN ULLYOT, MARINE CORPS VETERAN AND FORMER SPOKESPERSON FOR BOTH THE PENTAGON AND THE NATIONAL SECURITY COUNCIL: Well, Omar, it is great to join you today. I think to understand what is going on at the Pentagon right now and really for the last year-and-a-half is important to look at that story and a bunch of others that are coming out with the Driscoll resignation and others.

So let me just provide some context real quick.

JIMENEZ: Sure.

ULLYOT: Number one is, as you said, I am a Marine veteran. I've been a long-time advocate, over 30 years, publicly for restoring standards and lethality in the military. In fact, back in 1995, I wrote my first op-ed in "The Washington Times" about how we need to have body weight standards reestablished and we also have to have similar standards when -- and this is something that Pete Hegseth has advocated all, but when I was writing that op-ed in 1995, I think he was probably 13 or 14 years old in high school at the time.

So there is a lot of us, not just me, but a lot of us like the idea of restoring standards. That's number one.

Second, as you point out, I was a senior adviser both on the 2016 campaign, Trump's 2016 campaign, as well as in The White House. And at that time, back in 2016, there were very few of us who went with Trump early, and a lot of people in the establishment or other Republicans, establishment or not, were not coming on board with Trump and Hegseth was one of them.

Hegseth famously trolled President Trump at the time when opposing him, and he called him an "armchair tough guy," which is, you know, it surprised us when we were there in Trump Tower, working hard to get him elected.

So then finally, when I was in The White House on January 6th with President Trump, a lot of people were jumping ship and I and my team stayed very close to him, went all the way through the end of his first term. I wrote a book on Biden's record during -- in the lead up to the 2024 campaign that underscored the need to provide -- to restore lethality and standards that had eroded under Biden.

So there we have it, and then bottom line is that when Trump decided to name Hegseth, I decided to ignore the fact that he had called him an "armchair tough guy" back in 2016 and how he had been reluctant to do that. I frankly liked what he was doing on Fox News about what, in the interim, about what he was doing on standards and restoring lethality, those are all good points that many of us agreed with, hopefully all of us agree with them.

But what happened, though, since then is that so I wrote an op-ed actually in favor of his nomination, and I wanted him to succeed so much that I took time out temporarily from the private sector to help him stand up for a couple of months his leadership team.

JIMENEZ: Sure.

ULLYOT: But what I saw was this Omar, and this gets to the nub of it right now, is that as soon as I came in, I noticed and several of us noticed, that he lacked both the management capability, as well as the temperament to do the job, and let me explain that.

So, he lacked the management ability because he had no experience, but right from day one, he fired key generals with no explanation. Number two, he involved his wife in very sensitive, closed door meetings, including with some of his foreign counterparts. These were closed door meetings, and he shared with her classified information or at least sensitive information, about an impending strike on the Houthis. And then so it was --

JIMENEZ: Are you citing -- just quickly on that -- are you citing the news reporting around the Signal chats, or are you citing from when you -- what you saw personally while you were --

ULLYOT: Well, no, I saw that personally. I was on that Signal chat. But bottom line, it was about 12 of us or 10 of us who were on that chat and his wife was on there. But bottom line is that the Inspector General looked at that and they said, well, this is paraphrasing, they said that that by doing that, he had put our pilots at risk is what they came up with and there has no follow up from there at this point.

But anyway, bottom line is that what happened as well is that he then brought Elon Musk. Do you remember he invited Elon Musk? He never actually brought him into the tank with the Joint Chiefs of Staff for a briefing that nobody else would get, who is not an actual official, and President Trump found out about it and he was very angry and knocked that off before this happened. So there we have it, so it has been very troubling there. But in terms of the temperament to serve in the job, this is what is at the nub of this is that he was very good and I think he will be really good when he returns to Fox News as a very provocative, somebody who very articulate, provocative, kind of a funny, cheeky guy who likes to troll people on Twitter in establishing standards and talking about restoring lethality to the military. I agree with those.

[18:20:15]

But the style that he has is not appropriate to be Secretary of Defense.

He agrees with me and with many others we have to do those things, but you can't come into the job of Secretary of Defense and be trolling people on tweets, and you know, there is one guy who can do that, and that is the guy who was elected President Trump. But if you're serving President Trump and you're working in a nonpartisan institution like the military, you diminish that institution when you when you act in that way and it is just not appropriate for a Secretary.

So that's -- I could talk about chapter and verse. I called that, I was one of the first to call that out and since then, it has gotten worse and worse. He has been undermining investigations into misconduct and he has fired now fired or blocked the promotion of up to 80 senior military officials and so, it is really sad at this point, Omar, that things have gotten to this way and I wish him success. He and I got along very well, but I think that he made a decision to continue his temperament or his actions that he had that worked very well as a Fox News co-host for building ratings. But that is just not appropriate.

JIMENEZ: Well, let me just ask you about a little bit of what you talked about in terms of multiple sources have told CNN that after the resignation of Army Secretary Dan Driscoll, that Defense Secretary Pete Hegseth was damaging the Army's efforts to modernize and adapt to the 21st Century battlefield.

I mean, as someone who worked inside the Pentagon under Hegseth's leadership, does that line up with what you saw? What is your reaction to that reporting?

ULLYOT: Well, look, I don't think that that's -- Secretary Driscoll -- former Secretary Driscoll, Army Secretary Driscoll, he would know that a lot more. He wasn't confirmed while in the two months that I was there, so --

JIMENEZ: Sure.

ULLYOT: So, he is privy to exactly what was going on there. I do know that first of all, Pete Hegseth tried to fire him about four or five months ago and was rebuffed by The White House and then now, it just -- they had a very icy relationship from my sources there who are still in the building and that is why, ultimately, Driscoll said, hey, look, I don't need this anymore and he is a very smart guy and he may come back into government sometime. But it wasn't just him, but Secretary of the Navy was fired about four months ago by Hegseth. And so if you're losing your key leaders, whether you're firing them or having them just cut -- you know, having them just say, hey, walk away, this has just gotten too crazy that shows there are problems with your leadership. And so it is just, once again, very sad that we are at this moment, but I hope that there is a way that we can stop what has been happening and ultimately, I think he should not have taken the job in the first place if he was going to treat it like a playground in the culture wars, the way he has done by continuing his persona and his tactics and his tweeting the way he was in a very effective way as a Fox News co-host.

JIMENEZ: You know, when you resigned back in April 2025, you wrote an op-ed in POLITICO and one of the things you said was that President Trump has a strong record of holding his top officials to account, given that it is hard to see Defense Secretary Pete Hegseth remaining in his role for much longer, and that was April 2025.

Are you surprised he is still in this role, more than about a year- and-a-half later here?

ULLYOT: Well I am surprised just because of President Trump's very strong record on accountability in the first term, and also when other Cabinet Secretaries became distractions here just this earlier this year, Kristi Noem was probably the best example over at DHS. It became -- she had distraction after distraction and finally President Trump said, hey, look, this is getting to be too much and it is blocking my reform agenda.

I think we are way past that point at DoD. Unfortunately, once again, I think Pete Hegseth is a very smart guy, but he has used the Office of the Secretary to wage culture wars and that really drags down the traditionally nonpartisan affiliation or traditions of the military and it is just really sad, I hope we can restore those under the next leader.

And to answer your question, Omar, is that you see Thom Tillis, who is of the senators who is not up for reelection, he is now free because he is not going to face re-election, and certainly President Trump can't block him in a primary or something like that and he just, I think three days ago on Wednesday, he said -- he threw his hands up and he is now calling for his resignation.

So I think if I am Pete Hegseth, I would look at what is in the interest of the President and not think about yourself, but think about what is in the interest of the President. I think Kristi Noem hung on too long, and finally he had to -- President Trump had to move her out.

I think she would have done him a solid, and so Pete Hegseth can do the President a solid by just saying, hey, you don't need more distractions at this point with two years remaining, only two years remaining in your term.

JIMENEZ: So you believe that Pete Hegseth should resign in the interest of the President?

[18:25:16]

ULLYOT: I think that Pete Hegseth needs to take a long, hard look at what has happened under his tenure for the last year-and-a-half and conclude that even though he has got the best of intentions, he has done real damage to the military by dragging the military into these, these culture wars and treating the military like his own personal playground in those culture wars. That's something where if you really want to get rid of or restore standards and lethality, which I have been doing for 14 years, 15 years longer than Pete Hegseth has done, then you want to do that in a quiet, measured way that doesn't -- that's not a polarizing atmosphere the way he has done now.

And so, for example, like Bob Gates, who was named by President Bush after the disastrous tenure under Rumsfeld, and they lost the midterms there right after the midterms, they replaced him, Bush did with Bob Gates. Bob Gates stayed on with Obama, served for four years and was really low key, just like Secretary Ratcliffe at CIA, we need somebody who lowers the drama and gets the job done because President Trump, if you're truly loyal to him, we know he deserves better from a Defense Secretary, just like he deserved better from a DHS secretary, and he has only got a short period of time to enact his reforms.

And it is sad that we are this point, but hey, let's pick it up. Let's change it up and get something done along the President's important reforms for the next two years.

JIMENEZ: All right, John Ullyot, I really appreciate you taking the time. Thank you for being here.

ULLYOT: Thank you, Omar. I appreciate it.

JIMENEZ: All right, coming up for us, we are still following the unbelievable rescues following the deadly flooding in Nepal. Two people found in different locations after being trapped for 10 days. We will bring you those details coming up. You're in the CNN NEWSROOM.

(COMMERCIAL BREAK)

[18:31:29]

JIMENEZ: Some dramatic rescues happening in Nepal 10 days after catastrophic flooding hit the country's border with China. Two survivors now safe, but we've got thousands that are still missing. And right now, intense search and rescue operations underway. At least 1,300 people have been confirmed dead and today's rescue is offering some sliver of hope to the families that are still in limbo.

CNN's Gage Goulding has this incredible story.

(BEGIN VIDEOTAPE)

GAGE GOULDING, CNN INTERNATIONAL CORRESPONDENT: An absolutely incredible day. That's the best way to describe Nepal today because two more people have been rescued, one of them trapped in a hydropower tunnel, the other in a severely damaged, albeit destroyed, home. This is incredible. Let's show you the pictures, starting with what we know out of this hydropower tunnel rescue. A Chinese national rescued by a joint effort between the Nepali Army and South Korean rescue crews. This man was trapped in the tunnel about 700 or so feet deep. That's what we are being told, according to the Nepal Army.

He is a Chinese national wearing a uniform of Power China, a state backed energy firm. He was found there 10 days after this flood. Remember, this flood happened back on August 26th. His health currently being assessed, and he was flown to a hospital in Nepal's capital.

And again, this is just another sensational miracle that has occurred in Nepal, and then just downstream, a woman in her 60s was rescued around 1:30 P.M. local time on Saturday. She was in this badly damaged, I mean, truthfully, it looks destroyed home and this is really a montage of what looks like rescue workers, but also locals working to pull her out, a 60-year-old woman who has survived 10 days, presumably maybe without any food or water. And she is now being rescued, also taken to a hospital in Kathmandu, the nation's capital.

But again, this is two new miracles, which is incredible because on Friday there were two other workers that were rescued from a separate hydropower tunnel. So let's wrap up and kind of talk about all of the rescues that we know of right now.

We know that on Friday, two workers were rescued from the Trishuli 3, a hydropower station. They were in that tunnel. Originally, rescue crews heard voices and then brought those two workers out and then fast forward to Saturday, you have another sensational rescue from 700 plus feet inside another tunnel. That tunnel belonging to the Upper Trishuli 1 hydropower station.

And then downstream, you have this rescue of a woman trapped inside a home for 10 days after this flood. Again, these are rescue crews. These are locals that are working with high tech equipment, but also some of them, we've seen video of them out there in their bare feet, digging through rock and mud with their hands, using white water rafting rafts to crawling on their stomach.

I mean, really, the textbook goes out the window here and they are doing everything they can using every resource they have, any tool at their disposal to get to people in their community. These people that are working in their community that were simply washed away as a result of this flood.

But again, another sensational day of rescues in Nepal.

(END VIDEOTAPE)

JIMENEZ: Just some incredible work. Gage Goulding, reporting for us there. Really appreciate it.

All right, coming up, days before the September 11th Anniversary, police around Ground Zero in New York City are ramping up security. We are going to talk about it. You're here in the CNN NEWSROOM. (COMMERCIAL BREAK)

[18:39:49]

JIMENEZ: The U.S. Secret Service is coordinating with the NYPD in installing an eight-foot fence around the perimeter of Ground Zero.

Now, even though President Trump has confirmed he won't be attending the 9/11 event in New York, authorities consider the 25th Anniversary to be a Potential High Threat Event.

[18:40:10]

So I want to bring in CNN chief law enforcement and intelligence analyst, John Miller, who joins us now.

So John, let's just start. What do we know about this fencing?

JOHN MILLER, CNN CHIEF LAW ENFORCEMENT AND INTELLIGENCE ANALYST: Well, this is eight foot fencing. It is anchored in concrete, haven't used it at the 9/11 Memorial Ceremonies before. The last time it was used in New York, it was the visit of the Pope and the Pope did, not on the 9/11 Anniversary, but shortly thereafter, visit the 9/11 grounds.

But I mean, they don't generally use this for the President, Omar. You know that and they don't use it for the Vice President who is expected to be there, so this is a sign that they are reading the threat environment in a way that is exceptionally high, to literally surround the event with a fence that would not be within the normal security protocols, say, for the Vice President and other federal officials.

JIMENEZ: You know, here we are. One thing that comes to mind, you know, 25 years after 9/11 and still living in this threat environment, clearly top of mind for Secret Service and the NYPD here. Why do you assess that to be the case? What does that say about where we are right now?

MILLER: Well, it is dynamic and it is layered. I mean, when you think about it, Omar, it is not just the 9/11 anniversary, which is a symbolic target.

When I was with the NYPD, every year was a symbolic target. But this is the 25th. Not only that, but we are at war in Iran, and Iran has threatened on numerous occasions to strike out at the United States, and we happen to be hitting them hard right now. And between now and 9/11, we may be hitting them again.

I think if you take that in the larger context of, you know, two assassination attempts against President Trump, an attack on the Vice President's residence, the assassination of Charlie Kirk, the attack on the mosque in San Diego a few months ago, the attack on the synagogue in Michigan, the attack at the demonstration at Gracie Mansion in New York, where two individuals threw bombs at protesters.

When you look at that threat environment, we are not just worried about al-Qaeda, and we are not just worried about ISIS and remember, Omar, it is not as we weaken those adversaries that any of that comes off the table, you just add on these new threats. We are in what the intelligence analysts of the NYPD, people like Deputy Commissioner Rebecca Weiner, call "the salad bar effect."

People go on the internet and they can find bespoke grievances, whatever they adopt that's bothering them and plenty of messages extolling violence. So I am -- I think this is unusual what we are seeing, but I am not surprised.

JIMENEZ: John Miller, I appreciate the insight, as always. Thanks for being here on a Saturday.

MILLER: Thanks. See you, Omar!

JIMENEZ: All right also, a new CNN Film: "Top of the World" shares the untold story of the World Trade Center's restaurant on the top floor windows on the world with a spectacular view. More than 100 stories above Manhattan.

CNN's John Berman sat down with Michael Lomonaco, the restaurant's former executive chef, to reflect on its legacy.

(BEGIN VIDEO CLIP)

JOHN BERMAN, CNN ANCHOR: We are in your glistening new restaurant, Brasserie Cognac American. What lessons did you bring here from your time at Windows on the World?

MICHAEL LOMONACO, CHEF AND RESTAURANTEUR: You know, that is a really good question because no chef can work alone. They need a crew. And I think that Windows on the World was probably most famous for its greeting, its warm welcome, its hospitality.

BERMAN: One of the things that was so neat about that restaurant is it wasn't just about the restaurant, it was about this building as well. It was about selling the whole place.

LOMONACO: Windows really was opened in 1976 as a way to humanize those two buildings. When it first opened, magazines called it the most spectacular restaurant in the world. It was very popular with a lot of celebrities.

New York has a drive about it. New York has an energy about it. Windows had that energy.

You know, when you got in the elevator on the ground floor and went to the 107th floor, I mean, you were energized. It floated above New York.

BERMAN: And it was so special. And then, of course, it all came to an end, right?

The morning of September 11th, you would have been at work in the restaurant.

LOMONACO: I was there at 8:00 A.M. every day, but on that day. For whatever reason, my reading glasses, I needed to have them repaired and I was still sitting there when the first plane hit and that was purely by luck.

BERMAN: How has that affected the way you look at life now?

[18:45:08]

LOMONACO: Well, you know, some people say fate, the hand of God. I've heard all kinds of things.

I can only say it was luck, but that luck gave me a mission. And the mission is I want you to remember the people that we lost, all the people we lost, but the people that I knew, my friends, my colleagues. I can't get up in the morning and not think about that. We created a foundation called Windows of Hope Family Relief Fund, which was for the hospitality workers who were lost on that day, that sustained 150 families for a good period of time and created educational scholarships that have lasted until this day. We all need something.

Maybe people start the day with a mantra or a prayer. I start the day with this thought that this is what I've dedicated myself to.

(END VIDEO CLIP)

JIMENEZ: So many stories of just missing that moment.

"Top of the World" airs Monday at 8:00 P.M. right here on CNN and streaming on Tuesday with an all access subscription.

We will be right back.

(COMMERCIAL BREAK)

[18:50:50]

JIMENEZ: The county district attorney says prosecutors are going to decide whether to retry Lindsay Clancy for the deaths of her three children. Now, with the jury deadlocked, the judge declared a mistrial on Friday afternoon. And then, in a note to the court, the jury foreman said they were 11 to one and accused the holdout juror not following the law as instructed. Clancy's lawyer, Kevin Reddington, said this about his client.

(BEGIN VIDEO CLIP)

REPORTER: Is Lindsay ready for a second trial?

KEVIN REDDINGTON, DEFENSE ATTORNEY FOR LINDSAY CLANCY: Lindsay is very, very, very strong. She is a very, very intelligent young woman, very emotionally invested and just a tragic -- she is a classic example of a tragic person. Her life is a tragedy.

And she was robbed by this man.

(END VIDEO CLIP) JIMENEZ: "This man" being the lone holdout on the jury, as he is referenced throughout this. Now, Clancy does not deny killing her children, but her team argues she should be found not guilty by reason of insanity because they say she suffered from postpartum psychosis.

I want to bring in trial and jury consultant and attorney, Robert Hirschhorn, who joins me now.

So I guess the question now is, what do you think prosecutors are going to do next?

ROBERT HIRSCHHORN, TRIAL AND JURY CONSULTANT AND ATTORNEY: Omar, thanks for having me on the show.

Well, if they were smart, they would negotiate a plea agreement because I am telling you, Omar, and I am telling your audience, I've been doing this for 40 years under the facts of this particular case, I don't care where its tried, I don't care when its tried, I don't care what the jury composition is, you're going to get the same result every time.

JIMENEZ: And why do you think that? What's top of mind for you sticking out from this, where you feel like we are going to end up in the same place?

HIRSCHHORN: Yes, because here is the problem, Omar. People have real strong feelings about this issue. Some people think mental illness is just an excuse; other people know that it is a legitimate problem, and it is going to be really difficult to suss out who are the people that are going to take the position.

I don't care what the evidence is. You kill three kids, you're guilty. You know, Omar, what would be interesting, instead of calling it not guilty by reason of insanity, it would be interesting if what the verdict was, was guilty but insane at the moment. Guilty but insane.

For those people that really feel there is a moral requirement to hold people accountable. If the actual verdict was called guilty but insane, you might have gotten a different verdict in this case.

JIMENEZ: You know, you're a trial and jury consultant as well, and obviously, there was a lot of talk at the end, one from the juror note saying that there was one holdout, but really emphasized by the defense attorney in this case, particularly in the final hearings leading up to the declaration of mistrial, but the defense attorney, Reddington, also seemed to get personal, claiming the juror who would not agree to an acquittal, "robbed his client" and went further, saying he hopes he can, "sleep at night."

I wonder, what did you make of what seemed like the jury deliberations in a very specific way, being brought to the forefront by mainly this attorney.

HIRSCHHORN: It is never a good idea, ever, no exception to call out a juror. It is never a good idea to make them look bad, to make them feel bad. Look, he didn't volunteer for this job, Omar. He got drafted. He got a summons in the mail to do the service to his country by serving on a jury, and I think Kevin just got caught up in the moment. He cares a great deal about his client. The fact that he is going to have to literally try this case all over again with odds are a very similar result, because remember, in Massachusetts, the state has to disprove insanity.

Once the defense raises it, the state has the obligation to Massachusetts to disprove it and when you have a woman that jumps out of a second story window. I mean, look, that's insane. There is no way they are ever going to be able to disprove that particular state of mind, given that act that she committed that day.

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JIMENEZ: Well, Robert Hirschhorn, some big questions for prosecutors to weigh moving forward, and we will see where we end up moving forward. Thank you for being here, though. I appreciate the time and expertise.

HIRSCHHORN: Thank you. If you get your summons for jury duty, please serve your country and serve. Don't let this dissuade you.

Thanks, Omar.

JIMENEZ: So true, and there are legal penalties if you don't. Good to see you.

All right, coming up, we've got a stronger than expected Jobs Report, but the bond market still on pins and needles, a very crucial market. So what does it all mean for our economy? We will tell you about it coming up here in the CNN NEWSROOM.

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