Transcripts For CNNW At This Hour With Berman And Michaela 20150106

Searchers thought they thought they had spotted the planes tail section which is where those devices are kept. But the official leading the search operation has now ruled that out. No tail section, at least not yet. Recovery crews did manage to retrieve two more bodies today, bringing the total number found to 39. The prevailing belief at this point is that most of the other victims are strapped into their seats still in the planes sunken fuselage wherever that might be. Our david molko is in surabaya in indonesia and, david, we are seeing for the first time the u. S. Effort to help find the wreckage of 8501. Talk to us about what were seeing in this video. Absolutely john. Lets bring up those pictures green the search area. The uss sampson the destroyer. This was a helicopter ride out to the destroyer. The head of Indonesias Armed forces went out to say thank you. He also visited an indonesian ship. Whats interesting from the pictures john we are getting a better sense of how challenging the weather conditions are and how the weather is really running the show. Visibility not great. You see those choppy seas. Difficult to sea the horizon. The thing here john again, divers we talked about this the past couple days they went below the surface, it was pitch black, couldnt see anything. On tuesday they werent even in the water, period. So thats the uss sampson the destroyer. The uss fort worth the other ship in the region located two large objects, the lastest one about 55 feet. Of course until they can get divers or equipment in the water they cant confirm whether or not its from flight 8501. David molko for us in surabaya thanks so much appreciate your reporting. I want to bring in our aviation analyst mary schiavo. A string of disappointments. Really reversals depending on how you look at it. First debris they thought might be pieces of a plane turned out to be from a ship wreck, now reports that officials belief they found the tail section, that turns out not to be true either. Are you concerned about the progress in this search . And also concerned about the information flow here . Well i am and this is starting to have a very familiar ring. Its deja vu because after the loss of adam air on january 1 2007, the United States went in to help and it was the same kind of thing. They were just hampered left and right by terrible weather. It was very close to the time frame as right now, january. The u. S. Ships were helping, i think it was mary sears back then that finally did find the black boxes and zeroed in on it but weather hampered the efforts and its really difficult because on day 30 the batteries will usually last a little bit beyond that depending upon the maintenance of the batteries and how frequently they were changed, et cetera on those black boxes but people will be getting worried, especially since the submersibles and divers cant go in when the water is so choppy. Mary the weather is getting in the way, but is the weather they have i mean, with time being a problem as you say, what progress can they be making in these circumstances . Because progress does seem to be needed here. Well i think by expanding the search area, theyre probably going to have to do something they did in 2007 and that is they put out rewards for people finding parts. They got people along the coastlines and shores looking for things. They tried to get all the assets that they could possibly put in place and hopefully the expense of the search we havent heard a word about it this time but in 2007 when the u. S. Went in the java sea at indonesias request, the issue of who was going to pay for the everexpanding search became quite an issue. Indonesia wanted the airline to pay for it. The airline said indonesia should pay for it and the u. S. Paid for a lot of it but at some Point Congress had to reappropriate and were way before that. That isnt happening now but it is a concern that as it drags on it will become difficult, parts will be dissipated and those everelusive black boxes could lose their pingers. So mary it turns out airasia was not licensed to fly on sunday. Now, i dont think the day of the week matters here but they didding . That they were not allowed to do apparently. We had heard before this was an airline with a flawless record upstanding member of the Aviation Community doing very well in that part of the world. Does this give you cause for concern that they werent playing by the let over the law . Oh absolutely. And this isnt the first that indonesia has been caught literally since 2007 both the United States federal Aviation Administration and icao has examined indonesia and found them sorely lacking and has been highly crate lyly critical. Thats why the United States limited carriers into the u. S. And the icao said indonesia maybe complied with about 40 , is all, of their safety recommendations so it did not surprise me and i think that as the investigation goes on, we will find more things amiss. Did flying without the permission cause the plane to go down . No. But did it contribute to it . Well, yes, because that means that youre slack in how you follow the laws and regulations and i think well find lax attitudes towards weather and oversight of pilots crew coordination et cetera. So it concerns me greatly but its not new. Indonesia has been under criticism for many years for not being standards. Mary schiavo, thanks so much for being with us. Well have more on this later this hour. Now other news this morning. History being made on capitol hill. Republicans taking control of both houses of congress for the first time in nearly a decade. More women than ever will be serving in the house. 62 democrats, 22 republicans. Vice President Joe Biden will swear in the new senators starting next hour and House Speaker john boehner, who is facing a challenge of his own to his leadership will swear in the new house members. Happening now, a manhunt in new york after two new York City Police officers were shot at n the bronx overnight. The suspects you can see video of one of them there, are still on the loose. This video shows one of the men that police say fired on the officers both of the officers were plain clothed at the time. They were responding to an Armed Robbery at a store. They were near the end of their shift when they ran to the scene. One officer was shot in the chest and arm, the other had surgery this morning for gunshots to his arm and lower back. The shootings come just a day after a funeral was held for one of two officers killed in an ambush last month. That of course helped fuel the tensions between the force and the citys mayor. In a few minutes, well talk about those rocky relations. At this hour you are looking at live pictures at st. Ignatius Loyola Church in manhattan. Family and friends saying goodbye to former new york governor mario cuomo. He died at 82 just hours after his son andrew was sworn in for a second term as governor. Among the many many dignitaries there, bill and hillary clinton, hundreds of people stood in line yesterday to pay their respects at a wake. He served three terms, mario cuomo did, as governor of this city and our thoughts are with chris cuomo and the entire cuomo family. Ahead for us at this hour, she is the lone survivor of a plane crash, but this is not the first story of its kind. Coming up well hear from two other plane crash survivors who are still trying to understand why they were spared. I think god had his hand on me. I think it was a plan for my life. Huh, fifteen minutes could save you fifteen percent or more on Car Insurance. Yeah, Everybody Knows that. Well, did you know that playing cards with kenny rogers gets old pretty fast . You got to know when to holdem. Know when to fold em. Know when to walk away. Know when to run. You never count your money, when youre sitting at the ta. What . You get it . I get the gist yeah. Geico. 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This case and the case last month are very different. This new case falls in the middle of all the tension between new York City Police and new york citys mayor, bill de blasio. Evan perez joins me now. Evan first of all, talk to me about the circumstances of what happened here to the officers. They were not targeted we believe, as they were last month. What were the circumstances and how are they doing right now . Well theyre both expected to survive. One of them is 30 years old. Hes in critical condition, shot in the arm and lower back. The send officer is 38 years old, stable condition, he was shot in the chest and the arm. This was a very different circumstance from the two officers who were executed in brooklyn a couple weeks ago. These officers were getting off their shift around 10 30 last night when the call came in for this robbery at a Grocery Store in this part of the bronx. It was an Armed Robbery call and these officers decided to go chase it and they came across two suspects one of them had gone into a nearby Chinese Restaurant which is the picture were seeing on the screen there. Apparently one of the suspects opened fire on the officers. They returned fire and they made their getaway. One of them is this bearded man were seeing on screen. He is was believed to be hes at large. They both jumped into a white camaro they carjacked which was found nearby the scene. The police are now offering a 12,000 reward for information on this bearded man that we have been showing just now. Separately from this a man checked himself into the hospital nearby. Now police say they believe that at least one of these suspects was shot. Separately this man checks into a hospital nearby with a gunshot wound. Theyre not saying that they believe this is the suspect but they are checking into this. Theyre they need to interview him. Of course i said this falls in the middle of this tension between the middle of the new york city and the police force. The mayor was there at the hospital overnight saying all the things any Police Officer will tell you are the right things will say, these men were heroes for rushing to the scene. Nevertheless there are still cop, current and former highly highly critical of the mayor. I talked to one of them this morning, a former new York City Police detective who talks about the fact that there arent many people he claims that are standing beside the mayor right now. Lets listen to what he said. What democrat are coming out and supporting him . You dont see the black, africanamerican Officers Association such as the guardians, the hundred blacks in law enforcement, where is this broad support . You dont see other minority groups among the Police Department the hispanic society, coming out and supporting the mayor. You dont see one democratic elected person standing next to him coming to his aid in this. Hes on his own, he got himself into this trouble and he his stubbornness is not allowing him to get out of. It consider the source. That was a former new York City Police detective there. And the mayor certainly not backing down. He called the officers who turned their backs on him disrespect. He says theyre disrespectful against the families of the two officers. Its not true that hes not getting backing. Some of the people who have been doing these protests on the streets do have the mayors back and they say this that this has taken the attention away from some legitimate issues that the Police Departments not only here in new york but elsewhere around the country do have with the relationship with minority communities. The mayor has met with Union Officials once already. Lets see if that happens again to diffuse the tension. Evan perez, great to have you with us. Ahead at this hour she is the lone survivor of a plane crash, but this is not the first of its kind. You will hear from two others who survived crashes. Thats coming up next. I have a new picture i want to show you just into cnn. Its a tweet from the former Senate Majority leader soon to be Senate Minority leader harry reid who says working from home on Doctors Orders just wrapped up a good meeting with my leadership team. You can see him with patti murray, dick durbin and senator charles shoechumer. He broke bones in his ribs and face. You can see him, its hard to make it out but you can see a bandage on his face right there. He will not make it in to work today in his first day as minority leader of the new senate. This is what a Senate Leadership meeting looks like in harry reids pad in d. C. Apparently. We wish our best to the senator and his recover from his workout injury hopefully hell get back to work soon. 19 minutes after the hour. The remarkable sevenyearold who crawled out from a plane crash in kentucky is back at home in illinois with Family Member this is morning. Both her parents and her sister were killed when their twin engine plane went down on the way home from florida last weekend. Her story has amazed the country. This little girl managed to walk barefoot in the dark through kentucky wilderness to find help but she likely has a long and difficult road ahead of her as she tries to cope with this incredible loss. Now, this is something she now shares with other lone survivors of plane crashes. Our Jason Carroll spoke with survivors to see how they are coping. Reporter why lies behind the smile of this sevenyearold girl is the kind of courage seen in those well beyond her young years. Thats what Larry Wilkins thought when sailor gutzler showed up on his front porch late friday night and told him an incredible story. She said my mom and dad are dead we just had a plane crash. Reporter gutzler and her family took off from key west florida, early friday. On board, her father who was piloting the twin engine aircraft along with her mother her nineyearold sister and 14yearold cousin. The plane ran into trouble and crashed in a wooded area in kentucky. Sailor was the only survivor. How was she able to survive the crash and then endure hiking three quarters of a mile through dark cold woods without shoes or warm clothes, still unknown. The little girl was she was amazingly composed for a sevenyearold girl. Reporter her story of survival is rare but there are others documented in the cnn film sole survivor. In 1987 cecelia was just four years old when she was the sole survivor of Northwest Airlines flight 255. 154 people were killed when the airline crashed on takeoff in detroit, including her entire family. Decades later, she still has scars and something more. I got this tattoo this is a reminder of where ive come from. Reporter she credits luck for her survival. Austin hatch believe asahier power may have helped him. I think god had his hand on me. I think it was a plan for my life. Reporter in 2003 when hatch was just eight years old, the small plane his father was pilot piloting crashed killing his mother and siblings. Hatch and his father survivored. Tragically eight years later in 2011 hatch was in another crash. This time his father again the pilot, was killed as was his stepmother stepmother. Hatch was the only survivor. His brain injuries so bad he had to relearn to walk and even talk. Now just a few years after the second crash, hes on a basketball scholarship at the university of michigan and scored his first career points last month. Basketball has sort sort of given me something to shoot for and its been my goal from when i woke up in the coma. Reporter ha what they all have in common is not just a shared tragedy but a will to survive. Jason carroll, cnn, new york. Our thanks to jason. If you want to know more about sailor, the sevenyearold girl who survived the crash in kentucky, a Memorial Fund has been set up for her. You can help by going to our web site cnn. Com impact. The money will go toward her emotional, physical and educational alal support in the years to come. Ahead at this hour republicans have the power, but is there a crack in the foundation . The new term starts in just minutes but House Speaker john boehner has a little bit of a mutiny on his hands. How many members of his party, a few, at least, are attempting a coup. Hey guess what day it is . . Hump day hummmp daaay its hump day yeah hey Mike Mike Mike Mike Mike Mike Mike Mike Mike mike mike. Hey he knows hey guess what day it is hey camel guess what day it is its not even wednesday. Let it go, phil. If youre a camel, you put up with this all the time. Its what you do. sigh if you want to save fifteen percent or more on Car Insurance, you switch to geico. Its what you do. Ok. Heres our new trainer ensure active heart health. I maximize good stuff, like my potassium and phytosterols which may help lower cholesterol. New ensure active heart Health Supports your heart and body so you stay active and strong. Ensure, take life in. Its pretty but a serious problem in the washington, d. C. Area. A couple inches of snow. I know that doesnt sound like a lot but in d. C. Thats more than enough to slow things down and cause cancellations. One event that had to be rescheduled until tomorrow, a photoop with House Minority leader nancy pelosi and the 6 a Democratic Women members in the house. That number includes three nonvoting delegates, thats the largest number of female members in a party caucus ever. Today is a big day for the republican party. They are taking control of both houses of congress. So everybody in the party should be perfectly happy, right . Well not so much. House Speaker John Boehner is facing a challenge to his leadership a small group of conservative lawmakers. Right now numbers about 12, 13 depending on who you ask, they say they may have more on the way. They will vote later today on the house floor, they say they are going to try to block john baner from boehner from becoming the speaker once again. If they get 29 members to vote against him, they could force a second ballot which would be hugely embarrassing. Most people dont think they can reach that number but if they get close it will be very very embarrassing as i said for the speaker. Lets talk more about this. I want to bring in tara setmeyer, a republican strategist and Stephanie Cutter a democratic strategist. Tara i want to start with you here. Pl there havent been this many republicans in the house since harry truman was president , or maybe even herbert hoover. A long time since a little bit before i was borchn, thats the important thing to know. Why shake these up . Why not just take the victory lap, elect Speaker Boehner, get on with the business . I think its more than just that. Its more than just 12 or 13. There are a couple dozen members of the house who are not thrilled with boehners leadership. They feel as though he sold out with the establishment, particularly with what he did with the omnibus bill funding the government through september, basically giving the president everything he wanted he didnt push back hard enough on the immigration executive orders. So there are people who have been very upset with boehners leadership for a while. How many of them step up to the plate and vote against him . Thats a different ball game. He is speaker, he does wield a lot of power, Committee Assignments are up for grabs and you have freshmen coming in who may talk tough on the campaign trail but when it comes down to it they want those plush Committee Assignments. Its a management game. So i think that this is not a good sign for boehner. This is a distraction for the party. They should be youtube paid to. We need to come in and the American People sent a message and a mandate to the Republican Congress that they reject the obama policies, they rejected what the democrats were doing and they want the republicans to govern and get things done. So once we get past this i think then the onus comes on to whether whether they can govern and get things done and send bills over the the president s desk and its up to him whether he wants to veto them. Stephanie, im sure youre watching this with a certain amount of satisfaction as republicans are engaged in in fighting. But before you gloat too much let me remind you that harry reid i should say incoming Senate Minority leader he had senators vote against anymore the party caucus. He had Democratic Candidates running against him last fall. Isnt this just democracy at work . It is democracy at work and actually im not looking that the with satisfaction. Because what this ultimately means is that john boehner will be less open to compromise. Less open to actually as tara said governing. And governing means getting something done signed into law. Not just sending the president message bills for the sake of strengthening their own party. So john boehner over the past several years has been held hostage by this same group of Tea Party Republicans in the house. As a result we had a Government Shutdown we had a default a downgrade in our Credit Rating and congress basically shut down got nothing done. So the strength of this tea Party Faction group in the house is very concerning to all parties involved not just john boehner. Its more than just about his speakership. Its about our ability to compromise. Well, the government didnt shut down because of conservatives and things didnt get done because you had an obstructionist harry reid in the senate that would allow every bill to die and not allow votes to come up for the white house. So we wont have that anymore because harry reid no longer has that job, Mitch Mcconnell does so it will be a whole new ball game when it comes to actually passing bills and getting them the president s desk. Lets let them settle that in washington over the next couple days and weeks. Let me ask you this question about 2016. Jeb bush, the former governor of florida, he has set up as a few minutes ago a new leadership pac, the right to rise pac. This will let him raise money for to travel around the country and support other candidates and build up political favors. Hes also asking for people to send him their instagram addresses and hes now got a big Instagram Account. Stephanie cutter aside from partisanship here as a political operative, are you impressed . What do you make of the steps jeb bush keeps on taking here . Well hes certainly doing it with a lot of energy and doing in the all the right ways step by step being extremely transparent about his record as governor in florida. We might disagree about whether there are things that n that record that could be disqualifying but he is taking the right steps to prepare himself for a pretty aggressive and competitive run for the republican nomination. Tara hes making a big deal out of setting up this Instagram Account. Is setting up an Instagram Account enough to get the kids involved . Shouldnt he be doing snapchat . Instagram is still in. I lived in washington for 20 years and ive seen many incarnations of Different Campaign strategies and its about time that republicans got with it as far as the technology and being tech savvy is concerned so im glad to see that. Jeb bush is basically putting a stake in the fund raising game early on. He is the establishment favorite and by setting up this pac it is it willing the other members know im going to raise money from big donors and im stake mig claim. He already has fundraisers set up in washington new york florida, connecticut where theres a lot of money from. I hear. [ laughter ] this is what hes doing. This is the typical stepbystep process where hes going to run for president. Its not speculative anymore, lets be honest. This is just one of many steps. I assume the announcement will come. Sure looks like. Tara setmayer Stephanie Cutter. Thanks for being with us. Lets go to capitol hill because we have a member of the new Incoming Congress standing by with cnns chief Congressional Correspondent dana bash. Dana . John 246 republicans will make up this new majority. And we have one of the new members, mimi walters. You told me you just came from getting your pin. I did. I just got my pin. Im to proud. People are looking at this new congress saying really we have a poll out this morning that shows that the expectations are not that high that things will be much better. As new member how do you expect to try to make things better and change Public Opinion . Were committed to having plan put forward and putting legislation on the president s desk that will move america forward. Im very excited to be a part of it. One of the big first votes youll have to take is for speaker of the house. Will you vote for john boehner . I absolutely will vote for Speaker Boehner. He is the right man to lead us. And have you gotten calls from those who are trying to dethrone him . Defeat him . Yes, my office has gotten a few calls, although many people that have been calling my office think the former representative is still in that office and they dont know im the new representative. How about from some of the people who are part of the rebellion . Some of your republican colleagues . I havent gotten any calls from my republican colleagues about it. And why do you disagree with some of those who say john boehner is not the right leader right now . Our conversation voted for john boehner in november and it would be a vote against our conversation. You are the only republican female representative from california. Thats correct. California has a lot of representatives. How do you see your presence here as different and special because of that . Well as a republican woman, i hope im a mentor to other young republican women to help get more republican women elected. There arent very many. There are an historic number of Democratic Women, the high 60s, and just a little more than a dozen republican women. Theres a great opportunity for republican women. Thank you and congratulations. Pin looks good. Thank you. Thank you very much. John back to you. Thanks so much dana bash. I know you have a busy day ahead of you. Stick with cnn, everybody. Coming up at noon wolf blitzer anchors our special coverage of the 114th congress. Your eyes really are unique. In fact, they depend on a unique set of nutrients. Thats why theres ocuvite to help protect your eye health. As you age your eyes can lose vital nutrients. 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Bring your gift to any sleep train and help make a Foster Childs night a little cozier. Not everyone can be a Foster Parent but anyone can help a foster child. We have new video into cnn a short time ago. This is our first look at the american warship the uss sampson taking part in the search for airasia flight 8501. Bad weather again getting in the way of Search Operations in the java sea. A new effort to find the crucial black boxes. Searchers thought they spotted the plains tale section where the black boxes reside, in the aircraft but the official leading the search operation has ruled that out. No tail section, at least not yet. Recovery crews did manage to retrieve two more bodies today, bringing the total number found to 39. The prevailing belief is that most of the other victims are still strapped to their seats in the planes sunken fuselage somewhere at the bottom of the java sea. Joining me now is our safety analyst and former faa inspector david soucie. He has written a new book malaysia Airlines Flight 307, why it disappeared and why its only a matter of time before this happens again. David, i want to talk about the issue of time and why its important. As these days tick off and they dont find the fuselage and they dont find the black boxes, what are they risking in terms of the investigation . Is it just a matter of the pings wearing out the batteries . If the pickngs are even going off at all. What are the other issues . Bodies as sad as its sounds decaying. Well bodies decaying is not that big of an issue at this point other than the fact that they need to get the bodies back to the families as soon as possible. So thats a lot of pain and suffering for these families. But with regard to the surface debris im concerned a little bit about the surface debris. We get a lot of clues from surface debris being able to tell us how the aircraft hit, whether it was a sudden tear whether it was something that worked itself into a tear over time. All those clues are important and if theyre floating in the sea and being tumbled over and over and over those clues are lost really. Theres no way to track that back to determine what happened at the actual accident site. But with regard to the bodies being found, the fact that theres no further bodies being found, evidently, and theyve followed the drift pattern as far as they should to have identified if there were bodies on top tells us again that a lot of people are still in the aircraft. From that you can glean that its possible the aircraft is still in a very large piece under there. So it should help with being able to find it but its disappointing when all were finding are other ships that have sunk and other aircraft that have sunk years and years ago and not finding the actual aircraft right now. David, lets talk about what they do know in the evidence that they have had found over the last week and a half or so. What does that all tell you. Can you tell anything by the pattern of what they found . The debris that was on the surface . The bodies that have been recovered . Well at first i find it very strange that the first few clues that we found were the exit door, the overthewindow exit door and the slide which is right below that and the tank that fills that slide and it looks to me as though that tank had been discharged because the gauge was at down in the red or empty. So that tells me that there was something that went on with that and there was no other significant debris found with that. So that tells me that its possible there was an attempt to exit the aircraft subsequent to it landing on the water because that slide cant be deployed in air nor can the door be taken out in air unless theres an inflight breakup. But if it was an inflight breakup, you would see more debris on the surface. So its really raises an eyebrow to me as to whether there may have been actual attempt at survival after the aircraft had hit the water. And, david, they are expanding the search area again today. That announcement came a while ago. What does that tell you . Again, sthnt the stage where they should be narrowing in on possible finds . You would think so john but i think what theyre expanding, and we went through this before theres always two kinds of searches, the surface debris search and then the underwater search. The underwater search has that time clock, as you mentioned, with the batteries, theres only about 19 days left on those batteries as far as being able to put out that pinging signal. If youre far away from that pinging signal theres a lot of other noises that are received by the hydro phone, so its hard to distinguish that ping that clicking noise. But as you get closer, which is really what its tse signed for, as you get closer to bring that black box pinger you can identify where it is within the debris. Its not really intended to be used as a broadcast signal thats picked up because of just too much interference in it. So im really concerned if they dont start narrowing in quickly they wont be able to find those black boxes once they get on top of them. And there are people who doubt whether or not the black boxes are even sending off pings at this time, whether the Technology Works as it should. David soucie always great to have you with us appreciate it. Ahead at this hour grand jury proceedings are secret by law, but one ferguson grand juror is suing now, because he or she wants to speak out in the name of transparency. Will this reignite the controversy there . Stay with us. Music. The getaway vehicle for all the confidence you need. Td ameritrade. You got this. Youre driving along, having a perfectly nice day, when out of nowhere a pickup truck slams into your brand new car. One second it wasnt there and the next second. Boom youve had your first accident. Now you have to make your first claim. So you talk to your Insurance Company and. Boom youre blindsided for a second time. They wont give you enough money to replace your brand new car. Dont those people know youre already shaken up . Liberty mutuals new car replacement will pay for the entire value of your car plus depreciation. Call and for drivers with accident forgiveness, Liberty Mutual wont raise your rates due to your first accident. Switch to Liberty Mutual insurance and you could save up to 423 dollars. Call Liberty Mutual for a free quote today at see Car Insurance in a whole new light. Liberty mutual insurance. We want to take a quick look at the markets now. Why . Well because theyre dropping down 153 points today. This follows a bad day yesterday, down 331 points in the dow yesterday. The selloff is happening because oil prices have been plunging. The Energy Sector just getting crushed right now with the price of oil down below 50 a barrel for the First Time Since the spring of 2009. We will keep our eye on this today to see where it is headed. In the meantime, a Surprising New lawsuit that could reignite much of the debate over what happened in ferguson and specifically what happened inside the grand jury that decided not to press charges against officer darren wilson. A member of that grand jury is suing to lift the lifetime gag order saying among other things that he or she wants to contribute to the National Conversation about race relations. We want to discuss this with cnn commentator and legal analyst mel robbins and legal analyst paul callan as well. Paul i have never heard of anything like this before someone on a grand jury suing to go public with what went on inside. Is there a chance that he or she could win this suit . Well, of course theres always a chance they could win and there have been similar cases but in situations where many years later somebodys writing a book about an old case and maybe it was on a grand jury that sorts of things maybe you could make an argument that the secrecy rule has no application. But in a case like this, in a fresh case where a grand juror wants to talk about what went on. Weve always had this concept of grand jury secrecy in the United States. To ensure grand jurors can testify in a hear testimony, that their testimony will be preserve skbld well, the testimony isnt secret phenomenon. The testimony of the transcripts were released. But theres a law in missouri that says if you err a grand juror and you talk about evidence that youve heard and the vote of the grand jury its a crime. So what do we do . Put the law in a wheel barrel and wheel it out the door because tv wants to know . I mean mel weve been arguing about this for a day. Mel things you throw these things out the window because well gee thats not what i think, paul. Let mel answer beyond the sock puppets. What do you have . I think this will be auk saysful for four main reasons which we can get into a n a minute. First of all, its only a misdemeanor. Two misdemeanors by the way. Why two . Theres two statutes someone talking about the evidence and the second is disclosing the deliberations. But theyre not necessarily going to talk about the deliberations. They only wanted to talk about their own personal experience. So its a misdemeanor which means punishable by up to a year in jail. Sometimes in life its better to skr for forgiveness than permission. Dont tell my kids that by the way. You thought this person should have gone out and done it before filing a lawsuit . I find it hard to believe theres a scenario where the person talks and then they arrest and throw them in jail for a year to make an example. I want to ask one more quick question then we have to move on. It seems as if this person is coming forward based on the fact that theyve hired the aclu to handle the case because he because he or she doesnt agree with the way it was presented by the prosecutor, because there was an unanimity, because theres something they want to get off their chest. One of the things this grand juror says is the way the law was presented was muddled and untimely. The grand juror also says this is a grand juror who had heard multiple other cases. They had been seated for months. And they talked about how the presentation of this case was markedly different than how they presented every other case. And the grand jurors also upset about the fact that the prosecutor has been out in the public discussing evidence discussing what the grand jurors concluded and it is at odds with what this grand juror believes we have to move on unfortunately. But we have learned a lot the mere fact of the filing tells us lot about the thinking of the grand jury. We have news just in to us about the search for airasia flight 8501. I want to bring in david molko in surabaya for more. There are new questions right now about how airasia handled the preflight Weather Information. We know the weather was crucial here. Reporter yeah john thats right. This just in. I want to be absolutely clear now. This is not necessarily about how the pilots of 8501 got their information. We dont have those details. What i can tell you is more information about how pilots at airasia got their Weather Information. What im holding up here this is a the actual report put out on december late on december 27th by indonesias Weather Agency. This is actually shows cloud cover, wind speeds, all sorts of things. This is the information the pilots of 8501 would have had access to. What were learning from the weather station officials here in surabaya is that area did not come up to pick up a paper copy. Some airlines do. Airasia did not. The airline says, however, that it got the report online the Weather Agency says it does put the full information on their website. And airlines can choose to download that instead. I just have to redo a statement here from airasia clarifying that point. They say, quote, airasia indonesia receives and disseminates the Weather Report that comes from the exact same source as the hard copy version made available at the meteorological station. Another thing we learned from airasia up until flight 8501 the pilots would get the information from the Flight Operations center in the cockpit. It would be printed out. They would do whats called a selfbriefing, read the Weather Report and sort of decide what steps they needed to take during the flight ahead. Since 8501 crashed, that has changed. They now require airasia requires a facetoface briefing with a Flight Operations officer. John the transport ministry here has actually issued a directive requiring that facetoface briefing. Not clear whether or not airasia is responding to that. David molko with these new questions about how Weather Information was handled prior to the flight of 8501. I know youll be following this throughout the day. Thank you. Congress will be swearing in its next batch of representatives, members of the house and senate our special coverage of the 114th Congress Begins after a quick break. hello, everyone. Welcome to our special coverage of the start of the 114th congress which gathers for the first time this coming hour. Im wolf blitzer in washington. Special coverage coming up. And im Ashleigh Banfield in new york with the days other top stories. A manhunt is on right now in new york city. Police say this man on your screen shot two new york cops who were responding to a robbery late last night. And there is a very big reward for whomever can find this person. Also more bodies now recovered from the java sea. Ten days now into the search for airasia flight 8501. Weve got those stories and a whole lot more coming up. But first, back to wolf in washington, d. C. Historic day, ashleigh here in washington. New day up on capitol hill. Day one of the 114th congress. Its the most Republican Congress since the Truman Administration almost 60 years ago. The republicans took back the u. S. Senate winning nine seats from democrats strengthening their hold in the house of representatives with an additional 13 seats. Moments from now, both chambers will come to order. After some technicalities and Opening Statements the senate will swear in its new and reelected members. The house will vote on a speaker. John boehner will almost certainly be reelected by the House Republican caucus. But he does have opposition some tea party favorites, including those from texas and florida. They dont have a real shot at winning the speakership but they hope that boehner will be out of a job, that we wont get the majority at least on the first ballot. No such drama in the upper chamber. Mitch mcconnell will become the Senate Majority leader calling the shots in the first Republicancontrolled Senate since back in 2007. Joining us for our special live coverage this hour our cnn chief washington correspondent, the anchor of the lead, jake tapper. There is some drama about boehner, whether or not he will be the speaker of the house, almost certainly he will. But he faces some opposition. We dont know if that opposition has any momentum. Probably they do not. But remember you dont need a majority of the 435 members to throw a wrench into the works. You just need just over two dozen in order to throw a wrench into the works. Boehner has been challenged before. It hasnt really gone anywhere. But it is an opportunity for some of the Tea Party Caucus or as boehner and his aides refer to them the hell, no caucus because they think they stand in the way of any compromise to voice their opposition to boehners leadership. This vote on the floor of the house representatives, you need a majority 218 votes of the 435 remembers. The republicans have a lot more than that. But if 29 republicans decide they dont want Speaker Boehner to remain the speaker of the house, there could be a second ballot and then they have to caucus they have to recess. We dont know whats going to happen after that. Thats unlikely to happen. Very unlikely. But you never know, especially with this congress. Its members, the Tea Party Caucus has proved in the past to be unpredictable. At least from the perspective of Speaker Boehner. A tad unruly. So i think its fairly certain that boehner will be fine. But we have to wait and see. Boehner leads the house of representatives, the republicans in the house of representatives, to the biggest majority republicans have had going back to the Truman Administration. Maybe even earlier, 70 years. And he faces a challenge from some republicans. Nancy pelosi on the other hand shes the leader of the democrats. Shes facing no challenge from democrats even though the democrats suffered a shellacking in the midterm elections. I think as has been said in Great American literature before, you come after the king you better hit the king. And thats the problem with nancy pelosi. And john boehner. With pelosi the problem is there are plenty of democrats who would like her to no longer be a House Democratic leader minority leader. But they dont have the ability to effectively challenge her leadership. So why bother . Theres not really going to be a serious challenge to nancy pelosi at all . No not at all. And there wont be a challenge to harry reid as the minority leader in the u. S. Senate . Once again there are Senate Democrats who would like to see new leadership and yet they dont have the votes and they dont have the power and people like harry reid and nancy pelosi got to where they are by wielding power effectively. Even though the democrats in the senate suffered the democrats in the house suffered they will remain the leaders with no significant opposition at all . Thats exactly right. I think one of the challenges for john boehner going forward, by the way, is the fact that the senate is now controlled by republicans. That actually means because the senate is the cooling saucer as they say, of