Transcripts For CNNW New Day 20150212

The separatists saying very much the same thing. Now there seems to be a workable formula. But the headline here is and were hearing this from the German Foreign ministry that not everything was agreed a lot of fine details, issues that have been problematic in the past yet to become clear how theyre going to be resolved. One thing the germans are saying is the border issue between the separatist part of ukraine and russia that there is some agreement on that but were yet to get all the details here yet, alisyn. Nic, thank you so much for that background. Before we lose you, can i ask you a question. I know were waiting on information. What do we know minsk happened already, russia violated it already. I know theyre putting a specific date on ceasefire this time. What are the points that are giving some home for optimism . The optimism here is based on the fact that they came to try to get a ceasefire to end the bloodshed, how we can be optimistic about Going Forward, i think we need to be extremely concerned right now about how this is going to hold. Because we dont have the details. The devil is in the details. How much autonomy the separatists get. What was agreed as you say last september broke down on the battlefield, its two and a half days before the ceasefire comes into effect. The separatists have said there are more towns that they want to take. So you know theres a lot of places that this can still go wrong. And were not seeing anything yet that can tell us yes, this is different this is changed, and it can work. I think there needs to be a level of skepticism and concern at this stage chris. I remember standing in kiev with you and you telling me how complex the situation is so thank you for following along the developments well check back with you later on. Despite what were hearing from nic about the diplomacy at play while theyre talking, the fight something raging on in Eastern Ukraine. We have Nick Paton Walsh live from the battle zone near the town of donetsk. We have a bit of a confusing situation for many of the separatist militants here. While they only heard of the ceasefire deal from us their reaction is weve been deceived before were not buying this. We dont stop until weve taken back the rest of the donetsk region. These men arent commanders they could be told to lay down their weapons. But weve been hearing the sounds of rockets being fired, the sounds of rockets landing. Theres no obvious sign of tempo. Its the reaction youve seen in the faces of the men on the front line. Behind me is a reason why theres so angry, the damage done civilian areas here basically you can see in their faces, their anger, the loathing they feel towards the Ukrainian Government they said the shelling has done to their homes and families. And a real sense here i think that this diplomatic explanation is going to have to be substantial and remarkable i think when they first hear it in detail to make them want to lay down their arms a very clear sensation that they want to fight on. Ailsen . Such a perfect illustration of the confusion that continues on the ground there, thank you. Well check back in with you. President obama formally asking congress to authorize military action against isis. But his request is already drawing skepticism from both sides of the aisle. Lets check in with White House Correspondent Michelle Kosinski with the key points of that proposal. Its basically the president asking congress how much should i be able to do or not in fighting isis . This balance between narrowly tailoring it but also leaving flexibility as things change down the road. And you do see a balance. I mean really the only big restriction in this is against enduring offensive Ground Combat operations. Or as the president put it longterm largescale operations like what we saw in iraq and afghanistan. But how long is enduring . What does that mean exactly . Obviously there is room for interpretation there. And theres nothing in this that would restrict say shortterm smallerscale combat and it allows the 2001 authorization against al qaeda and its affiliates stand. It lets the president fight isis wherever it is along with allied groups fighting alongside. And it allows for other combat like special operations search and rescue calling in airstrikes some of which weve already seen. There are some democrats who would love to see this more restrictive. Some republicans who would love to see it less restrictive. Its up to them to ray prove it or not or come up with their own. Chris . Michelle thank you very much. Mick over to you. In the war authorization request, president obama names the american who is have been killed in isis captivity. Including aid worker Kayla Mueller. Were learning more about her time as a hostage and some of the various attempts to rescue her. Pamela brown is following these developments live. Some comfort to many that those attempts were indeed made. I spoke to the family spokesperson michaela about this. And she made it clear the family did everything it can, working with the white house, trying to get kayla home. In fact at one point last summer when isis issued a deadline to execute kayla, the family asked if the government would be willing to trade dr. En sadiki. After hearing about this in media reports, the family asked the white house if it could have the lady al qaedas sentence commuted. Trying to find any option they could, in desperation as the deadline was approaching, the execution deadline. We know what the white house responded back we dont know what the response was. But the spokeswoman said that kayla was still alive after the deadline passed. Contrary to media reports, the family never turned down a military rescue mission because it was too risky. Instead the family reached out to the white house to ask for notification if there would be another rescue attempt after the failed attempt of kayla. Weve been hearing about the attempts to rescue her. And one of them is about a man who posed as kaylas husband and went to a syrian terrorist Training Camp to try to save her. It turns out that was her boyfriend who was kidnapped with kayla, the same time. He was later released and then risked his life to try to get kayla out of captivity. That did not happen. But its clear, chris, that many efforts were made along the way. Pamela thank you very much. Appreciate it. Lets get more on the president s war plan to fight isis whats going on in ukraine. We have a man who understands both situations cnn military analyst, Major General james spider marks. Thank you very much for joining us. Lets start with the immediate. In ukraine, at least they have a timeline now, right . Last time in minsk it wasnt that clear. But when you look at whats being said out of there, does this feel like a real ceasefire . You know it does i thought that what nic was reporting on the ground he has as you guys know and cnn has done a wonderful job, hes putting himself at risk so we can get the best view of whats taking place. At that lowest level, thats where the difficulty occurs. I mean a ceasefire like this could be broken in a second. If those fighting parties, those warring parties simply have make a bad decision at that very very very point of engagement. But it feels like theres going to be some progress. Certainly theres a very special relationship between Angela Merkel and putin. They understand the risks involved and its wonderful that theyve been able to at least get together and have an initial framework of how this thing needs to move forward. Interesting, given the strained history of germany and russia. Now when you talk about the ground you understand this so well from your time as a commander with the balkan situation. The vebls s rebels werent at the table in name with these diplomatic relationships. Putin was there. If they keep fighting whats the use of this ceasefire . Well what putin has to be able to do. And clearly, lets establish right now that the insurgents that are fighting in ukraine right now are getting direct support from the russians. End of sentence period. So what putin has to be able to do is if he is sincere about this he has to withdraw his advisers. He has forces that have gone across the border those have to be withdrawn. Can he do that surreptitiously, he can do it overtly. He has to assert himself very directly over this in order for this to end. The only way theyve been able to act with a certain degree of independence and achieving the successes they have on the ground is because of putin. He needs to withdraw that support and this thing will peter out. The way to do it would be International Monitoring of that and he wont agree do that. Kayla mueller, the accusation is the u. S. Government didnt do enough. This time that doesnt seem to be the case. We hear a lot of rescue attempts what stands out to you . The fact that the United States truly embraces its citizens wherever they are and will do anything it can to try to get them back. I think that, that discussion piece, this is such a tragic and such a personal story. Were very sensitive to it we have to put to the side the fact that the United States may or may not or intentionally ties its hands in its abilities to try to recover its citizens. This is the United States does everything it can. It puts incredible young men and women at risk to go rescue these folks, lets put that story aside and lets take the bigger story which is how can we more fulsomely go after guys like isis. The reality, Kayla Mueller, on one part represents the absolute best hope for the future. Kid who put her own life in the hands of people she just thought deserved her help. But the president said we did everything we could its about how you define could. You didnt want to do the prisoner exchange. You dont want to negotiate unless its somebody who is in the military and Kayla Mueller represents the future nonmilitary people going into harms way to try to make a swigs situation better she may represent a better option than military action in fighting ideas like isis. Is it time to rethink the policy . We have the full elements of power in place, with the collapse of governance in the middle east and other places around the world, the United States backing up from its position of influence around the world, you have to have industry step in you have to have ngos, nongovernmental organizations, folks like kayla that get involved and fill in the gap where the government has said were not going to do it. So yes, theres an absolute time to relook how we view these types of contributions. Also now on the aumf the authorization for the use of military force, you know that. But now you see whats out there. The democrats say its too broad, the respects say its too narrow. With what you hear in whats being offered, do you think this is the right type of approach . Yes. Yes. It does repeal 2001. So it gives the president still has very very broad authorities. Whether he chooses to use those, under that remain in place. But the new one says look weve got a problem that is metastasized, in 2001 we didnt know what it looked like. We have a pretty good sight picture on what this enemy looks like where its located. How its getting its motivation. How it recruits how it deploys and we described geographically kind of where it is. We need to be able to define that very precisely. And as michelle indicated, the word enduring leaves the door open for interpretation in terms of what does that really mean. The president has very broad latitude and its good that he hasnt taken a capability off the table. Weve got the most incredible military in the world, why would you state our priority were not going to use the air force or use a little bit of the army dudes. No it gives him full authorization. Its interesting its being called a war authorization. Colloquially by these guys even though congress theyre the ones who have the power to declare war. This is another step in the direction of giving that power to the president. General, thanks as always. Thousands of people taking to the streets in yemen to protest the houthi militia takeover crowds are gathering in the capital, sanaa, carrying banners, chanting anti houthi slogans, while houthi fighters man checkpoints. Some fighters fired shots into the air and threatened the crowds with daggers. The u. S. Britain and france have shut down their embassies in yemen over security concerns. The widow of a gunman who went on a killing spree at the kosher market in paris has linked up with the isis in syria. Hayat boumeddiene quoted in a french language magazine saying she encountered no problems reaching isis territory and it feels good to be on isis soil. Weve lost a man who was a stellar example of humanity and journalism. Cbss bob simon was killed overnight in a car accident just blocks from his home. An end that stands in stark contrast to the peril that simon overcam in being one of the best newsmen. Our 60 minutes colleague bob simon was killed this evening. It was a car accident in new york city. Cbs news anchor scott pelley reports a shocking end for a man who had survived so much. Distinguishing cbs, 60 minutes, and enlightening the world for over 50 years. Our colleague bob seemens of 60 minutes was 73 years old. Joining cbs in 1967 simons words quickly separated him. You guess it must be safer. As did his commitment to covering turbulent times, especially abroad. And steps are being wheeled up to a plane bearing the words, the arab republic of egypt. In vietnam he was on one of the last helicopters out of vietnam, then came yugoslavia and the gulf war. In 1991 he was captured by iraqi forces imprisoned for 40 days. They didnt feed us at these interrogations they terrorized us. After youve been beaten a couple of times, its extremely unpleasant and it hurts like hell but after a while it stops. His spirit and talent endures, as will his legacy. Bob simon represented the best of journalism. May he rest in peace. Indeed. Thats sad i always loved watching him on 60 minutes, he had such a great voice and presence and storytelling, after being in the most dangerous battle zones of the world who knew that a livery cab in new york city would be where he would find his ultimate demise. Survived by a wife and a daughter and its interesting at a time when were examining journalism this is a guy who is proof of how the job is supposed to be done. Yes, he had the telegenic qualities, but he put himself in hard situations so you would understand them better for 50 years. Our best to his family and to the cbs family as well. Meanwhile, this story that so many people are talking about she Muslim Students shot dead their families call it a hate crime. Now the wife of the suspect speaking out and telling a different story. The real question that needs to be asked is what is it that we can do that is impactful . What the cloud enables is computing to empower cancer researchers. It used to take two weeks to sequence and analyze a genome; with the microsoft cloud we can analyze 100 per day. Whatever i can do to help compute a cure for cancer, thats what id like to do. The families of three Muslim Students gunned down in North Carolina insist that their loved ones were victims of a hate crime. The fbi is now on the case. But the wife of the suspected gunman claims an ongoing dispute over a parking space. Triggered the deadly shooting cnns jean casarez joins us from chapel hill, North Carolina with more. Jean . Law enforcement this morning has the computer of the defendant in this case 46yearold craig hicks. Theyre trying to figure out his state of mind. Did he have a bias . Was he planning an attack like this . This community in chapel hill North Carolina are in mourning. They can not believe why anyone would executionstyle shoot three people in the head, students who were just beginning their adult life. I want everyone to remember them please only in the good. This morning, heartbreak and outrage over the murder of three Muslim Students in North Carolina. I heard about eight shots go off than one girl screaming. Friends and family deeming their executionstyle killing a hate crime. Its basically incomprehensible to me that you can murder three people over a parking spot. According to a preliminary investigation, police say 46yearold neighbor craig hicks may have shot Razan Mohammed abu salha, Yusor Mohammed abu salha, and deah Shaddy Barakat in the head over an ongoing parking dispute at their apartment. Hicks said her husband was frustrated with the parking issue. I cant say with absolute belief that the incident had nothing to do with religion or victims faith. Were in shock. But the family says there had been issues of disrespect and harassment. My daughter yaser, honest to god told us on more than two occasions that this man came knocking at their door she told us daddy, i think he hates us. For who we are. Hicks, who claims he is an atheist, allegedly posted an anti antireligious statement on his Facebook Page quote if your religion kept its big mouth shut so would i. Cnn cannot independently confirm the authenticity of this post. We love you we will never forget you. Overnight, thousands gathered on the university of North Carolina campus. Im embarking on a trip to turkey to help syrian refugee students in urgent need of medical care. Mourning the loss of three scholars dedicated to serving their community. Were learning that the funeral for these three victims is today. Let me tell you a little bit about these extraordinary people. Deah Shaddy Barakat a secondyear medical student at the university of North Carolina cared so much about helping people he called last week to say he was at a homeless shelter, handing out toothbrushes he was raising money so he and others could go to syria to help teach dental hygiene to students. And the defendant has no criminal background at all. He remains behind bars today and hate crime or not, this is a triple homicide and michaela this is North Carolina, a Death Penalty state. These were good good people doing good things in their community. We can feel the pain that community is suffering right now. Jean thank you for that. Alisyn . For more on the muslim communitys response to these murders, lets bring in the author of in the land of invisible women dr. Qanta ahmed. What was your response when you heard that these three Muslim Students were shot . Sorrow that im sure is shared by all the United States today. And particularly after seeing father and sister speak so poignantly last night. Police are saying that they believe at this point that this might have just been a dispute over parking. This neighbor apaintly would become inflamed when someone would take his parking spot. But other people believed that its hard not to see it as a hate crime when its three Muslim Students who apparently were shot in the head. You dont like the message that that narrative would send because it sounds as though Muslim Students or muslims are somehow under siege in the United States. I think its important we first of all dont add to the sorrows of the family. They certainly feel that this was targeted based on their Muslim Identity. Whatever the conflict between neighbors and we must respect their sentiments but the danger is not to expand that to all muslimamericans we truly arent victimized by the United States in contrast we thrive here. You have data points that you want to get out. Because you want to counter this false narrative. You think that Muslim Americans are not under siege. Theyre not being victimized that theyre thriving. What do you mean . Its not, what i think, its actually surveys collected over a sevenyear data point by pew. Which shows that muslims are equally accomplished economically to the average american and in some categories were actually exceeding that in terms of income and in terms of education and that we are also a very diverse group. Though this group, this family unfortunately who are suffering, do represent the majority ethnic identity of Muslim Americans, 64 of Muslim Americans are of arabamerican origin we believe this family is. Nonetheless, we in the United States succeed to a greater degree than where im from, western europe. We succeed economically more here than in france germany and england. And we succeed in defined measures. Muslim americans are mainstream and middle class. We have a little bit of one little excerpt from that 2007 pew survey. Muslim americans view of society. 71 say hard work pays off. 72 say that their community is a good place to live. 42 say that they have a good financial situation. You see a very positive trends in this. Even though its from 2007 you think that the situation is the same or even better today . I agree. And also the family that was, is that was so brutally deprived of their loved ones represent most muslims, educated highly accomplished aspiring for academic goals with humanitarian values. They truly represent how Muslim Americans are living. But there are opportunists who wish to use this crisis this tragedy, as a means to say there is a rising animus against muslims and muslims are besieged. When you say there are opportunists you mean there are this is controversial. That there are some muslim advocacy groups that will seize on this to say that muslims are victimized . I can predict that thats likely to happen. And in some of the earlier statements that happened yesterday as i was reading the news a statement from the council on american and islamic relations, that describes itself as a muslim Civil Liberties advocacy group, referred to the rising antimuslim rhetoric in the United States. I would think a better context to provide is to quote president sisi from egypt, who reports that actions of extremist elements which i call islamists, is putting islam into a global despise, were not shielded from that here in the United States. But that doesnt mean that america has a rising rhetoric against muslims. The data shows and muslim experience shows that americans embrace us as have been inspired by the founding father that wrote the declaration of independence, president jefferson who wrote about freedom of religion and expression here. One of the things i know you were most struck by the family of the victims, they were on Anderson Cooper last night. Let me play a little clip of what the sister had to say. They all had so much to offer and i just want to make sure that we continue that legacy for them in their name in their honor and that all of us as americans collectively not let their deaths go in vain. What struck you about that. What was so touching about that is im also an older sister with two younger brothers. I identified with her. But in her grief and sorrow she identified all of us as americans. And i think that was so heartening. That even in her suffering, where her family may indeed have been targeted for their Muslim Identity which lets say was more overtly visible than somebody might think my Muslim Identity is. That she is still referred to being part of the United States and her community is responding similarly. I also think, i have confidence as a product of american academia, in chapel hill and the university of North Carolina where this terrible suffering will be best placed to try and be healed. Because of the freedom of ideas and exchange that the United States offers. We hope so. Dr. Qanta ahmed, thank you so much for sharing your perspective. We want to know what you think about all this. Was this merely a parking dispute . Or was it a hate crime . Tweet us newday. Lets go to michaela. Great conversation there. An emotional start to the chris kyle murder trial. Did Eddie Ray Routh intentionally murder him and his friend . Did his post Traumatic Stress lead him to kill . When salesman alan ames books his room at laquinta. Com, he gets a ready for you alert the second his room is ready. So he knows exactly when he can check in and power up before his big meeting. And when alan gets all powered up, ya know what happens . I think the numbers speak for themselves. Im sold hes a selling machine put it there. And there, and there, and there. La quinta inns and suites is ready for you, so youll be ready for business. The ready for you alert, only at laquinta. Com la quinta after all night talks, a peace deal in Eastern Ukraine this morning. According to russia president vladimir putin, the ceasefire begins sunday. The ukrainian president confirming the effort to end the battle between pro russian rebels and the Ukrainian Government. The deal reportedly covers the withdrawal of heavy weapons and the creation of a Demilitarized Zone. President obama making the case for congress to authorize military force in the battle against isis. His plan all but rules out boots on the ground in iraq and syria, but does leave some flexibility if the threat evolves. The president making it clear the operation would rely mostly on air strikes. That is prompting bipartisan skepticism. Republicans want stronger measures including the use of Ground Forces warweary democrats are upset the president opened the door to ground Troop Deployment at all. All right, lottery officials, say not one, not two, but three powerball players did it. All six, baby in last nights 564 million drawing. The Winning Tickets were sold in texas. North carolina puerto rico. No new york. The winning powerball numbers are 25 11 54 13 39 and the powerball was 19. There they are on your screen. No word yet on just who the lucky winners are. But i know who they aint. So going to make a quick call were going to have to cancel the luxury yacht you and i were going to go in on. Not so fast the guy on our staff, one of our studio guys phil who collected all our money absconded with it we havent seen him for two days. He could be in puerto rico. I know you like the word absconded, but when you hear the states where they were sold. He could have gotten there. Hes fast on his feet. Day one of the socalled american sniper murder trial is in the books, there were some surprising strategy out there. Were going to tell you. Which side came off stronger . Early on . We have a close look at what happened ahead. I love my shows, but i cant just sit around all day. Thats why i have xfinity. Their cloud based dvr lets me take everything i recorded, anywhere i go. Which is perfect for me, [whispering] because i have responsibilities. I mean thats really interesting, then how do you explain these photos . [people gasping] objection your honor. Sustained. With the x1 dvr library you could take anywhere, xfinity is perfect for people on the go. Welcome back i hope your new day is off to a good start. We now know the Defense Strategy and its a little surprising and the prosecution plan as well. In the chris kyle murder trial, which people are calling the american sniper trial. Lets bring in joey jackson, hln legal analyst and criminal defense attorney and paul callan cnn local analyst and counselor at Callan Foster nady and bragler, llc. Joey you know your role paul take the prosecution role. Today well start with the defense, because really its about sizing up what is going on there and haas going to happen. We have here the defendant, mr. Routh. Heres what we now know. Heres the defense, chris kyles own texts show routh was legally insane. Now, joey the text is chris kyle going back and forth with his friend about how this guy is straightup crazy, whatever the words were. Why is that useful to the defense . Its useful chris, because it goes to the critical issue in the case which is state of mind. Now youll hear expert testimony, throughout the case understand its the defenses burden to prove that he was insane. But what else are you going to hear besides experts . What else besides his own family . That is routh to speak to the issues of his Mental Illness . You hear what the perceptions were of the person he killed. So joey the people he killed. And that was, that he was not right. Joey you come up in your opening and it proves it and i say objection, what is this text . Its coming from a man who is no longer alive and did cant be crossexamined how is thatted a miss snibl. If i were on the bench, its inadmissible. Chris kyle is not here to be crossexamined on whether it was accurate and hes not a psychiatrist. So im very surprised it got into evidence. Maybe by the way, this was just a shot by the defense attorneys, remember it hasnt been offered in evidence. They opened on it i dont know if it was a surprise to the other side. If they opened on it you have to believe that a motion in limine was done to the judge. In the end its not going to mean a whole lot, nobody is going do deny that the defendant in this case has Mental Illness and he might strike other people as being somewhat deranged. But its different from legal insanity. Its surprising to hear chris kyles own words to be used by the defense. The chris kyle believed in the illness, he believed this person needed help. They believed they were suffering. Then theres another surprise which is this its not just insanity theyre using the word delusion. They were saying hes under a delusion and thats a loaded word in the law. The prosecution gets up and says, delusion thats interesting. Does he know what right and wrong was . And if he did, i dont care what he was suffering from he doesnt fit the Legal Definition of insane. Delusion works for and against the defense. How could it hurt them in. With the insanity defense you got to prove two things one that you did not understand the nature and consequences of your act. Thats when i point a gun and pull the trigger, that its going to kill somebody. Its going to free my spirit to a better world. That its wrong to kill. So they put on the board, a defense in which they say, well he had a delusion. He thought that the men in the front seat were going to attack him. And he killed them in selfdefense. Well that indicates he understands that when he pulled the trigger he was killing them. And number two, he understands that selfdefense can be used in certain situations its right but there are other situations when its wrong. That defense actually defeats the insanity defense. Because heres why i disagree. A delusion takes him out of reality. If you have a delusion that match with what else is the defense saying . He was in a grip of psychosis, he was suffering from paranoia. He had schizophrenia. He had post Traumatic Stress disorder. I believe that the delusion that theyre alluding to takes him out of the realm of reality, takes him from a point where he cannot understand right from wrong and i think its a very effective Defense Strategy. It was bringing into something we didnt really expect there. You show the mastery of the wall i just showed. I didnt know what that was going to do. Now we get to the kind of context thats going on in this trial as well. Ten women sitting on the jury theyre going to have having Emotional Intelligence so thats going to play into trial strategy as well. We see it two different ways defense bringing up the va hospital system. They failed you know they failed drew griffin told you they failed. This man drew grin was sick he was in the hospital twice, they knew he had a problem. It did seem to resonate in court yesterday how far can they take it . I think they can take it as far as the judge will allow them to take it and heres what the point is the point is that this is not someone coming to court and faking an attempting to justify. Will say the defense that their insane. This is a person who needed treatment this is a person who was in fact in the care of the va hospital and the family asked him to remain in the care and the va hospital took it upon themselves to release him while saying he was dangerous and giving him the medication. Its the va system failing him, its insanity. I want to go to the counter of it the va is not on trial here they can try and make it the other side was this the prosecution says were going to tell you what this is about. Theres a wife there is a mother their kids are gone. Wauth to talk about the price of the situation was . It wasnt about the accountability of the va system. Its about this. This is what matters. Surprisingly paul theyre put on very early in the case. You usually want to hold this type of ammunition as a prosecutor until you really need it. Texas, this judge, said that witnesses cant be in the, cant be in court if theyre going to hear other testimony because it will color their own. Thats why they had to come on this early. The impact of these two women . I think it will have a great impact. The reason that jurors are hostile to the insanity defense. Is because the prisons are filled with people who have Mental Illness of various sorts, you cant get a get out of jail free card because you have some sort of Mental Illness. It has to be very severe very specific and really only 1 of these cases win. Why is that . Because in most cases people do understand what theyre doing is wrong and the nature and consequences of their acts its hard to prove. Theres no question that putting the wife on is compelling. Theres no question that tragic loss was suffered here. That there are children that dont have parents any more, that the mother of mr. Littlefield, it makes for a compelling case but understand this is not a who done it case. Its what motivated you to do it. And if the defense can establish not withstanding the emotion that he did not know right from wrong because of the psychosis, it neutralizes their testimony. Can i say one thing before you hit the gavel . Getting yelled at by the judge. The people in the control room. Were going to be doing this every day because its very complex. This was just the first day. And still im going to tilt the scales towards the prosecution, because insanity defense, 1 of the cases, theres a lot going on and there was a lot offered yesterday that showed as paul said this man knew what was going on in the moment he was wrong about the reality and the defense has a lot of work to do. Youve helped us understand things that are not easy to understand especially for this jury. If i had to tip the scale, it would be for the defense based on the psychosis of the defendant. You may be the best looking, but youre not in control of the board, my friend. Thats you joey jackson, paul callan thank you very much. So what is going on behind the scenes at nbc in the wake of the Brian Williams saga . We know the changes are already visible on the air. Were going to take a look. Tmobiles network puts data where you need it most. Its a Network Designed Data strong. Go go go hes challenging the very fabric of society. In a post cannonball world was it Grilled Cheese . Guilty the aquatic delinquency is a larger issue to this you did it again, didnt you . Yup. [ female announcer ] we help make secure financial tomorrows a reality for over 19 million people. [ mom ] with life insurance, were not just insuring our lives. Were helping protect his. [ female announcer ] everyone has a moment when tomorrow becomes real. Transamerica. Transform tomorrow. For fastidious librarian emily skinner, each day was fueled by thorough preparation for events to come. Well somewhere along the way emily went right on living. But you see, with the help of her Raymond James financial advisor, she had planned for every eventuality. Which meant she continued to have the means to live on. Even at the ripe old age of 187. Life well planned. See what a Raymond James advisor can do for you. Now with the xfinity tv go app, you can watch live tv anytime. Its never been easier with so Many Networks all in one place. Get live tv whenever you want. The xfinity tv go app. Now with live tv on the go. Enjoy over wifi or on Verizon Wireless 4g lte. Plus enjoy special savings when you purchase any new Verizon Wireless smartphone or tablet from comcast. Visit comcast. Com wireless to learn more. The latest now on the Brian Williams saga. If you happened to tune in last night for the edition of nbc nightly news. You might have noticed a subtle change right off the top of the show. Nightly news begins now. From nbc news World Headquarters in new york this is nbc nightly news, reporting tonight, lester holt. Didnt take long for nbc to remove Brian Williams name from the open and the shows branding. The network reportedly scrutinizing every aspect of williams career right down to his expense reports. Cnn senior media analyst Brian Stelter joins us now. The subtle change speaks volumes. This is a story that has captivated the Television World for the past week. And the word you use is perfect saga. Its such a personal drama going on. Such a sad drama for Brian Williams so many people disappointed by the exaggerations that have been exposed. On the other hand theres a lot of people disappointed that hes off the air. That his name has been taken off the show. It was taken off their twitter and facebook feeds for the show last night. Theres this sort of divide going on i think between people that want to see Brian Williams given a Second Chance and people including some at nbc who feel hes too scarred to return. Now the rumor mill is churning and theres all sorts of gossip about whether or not there might be other infractions, i cant tell whats real whats a fishing expedition. Do you have any sense if there are other things that are real that nbc is looking into. I dont think theres been anything found as explicit and as approvable and as damning as the Iraq War Mission story. Which we all saw change over time. Weve laid it out in the past laid it out online. There are other curious details and stories that dont always seem to add up. But nothing as explicit as that what we dont know is whether nbc has found things that are more explicit i have not in my pursuits i havent seen anybody else cover anything that seems as explicit maybe nbc has. Theyve certainly implied that in their statements this might be nbc executives trying to make them look like the good guys trying to make Brian Williams look like the bad guy. Be careful not to be hoisted by your own petard. The big mystery to me is not what Brian Williams did. We know what he did if youre going to look through his expense reports, youre losing me as a critic. Youre starting to create a bar no one else is living by. What about their bar . How did he get to keep telling a story think about it if one of us made up a story, you would get a call saying dont do that again. Even if its not a negative thing, its good to have those conversations and those kind of conversations should be happening between employees and bosses all the time. Im sure theyre happening with our viewers all the time. Where were the nbc executives in this case. People are asking those questions and theyre asking why is there not an external investigation being done. If this is being taken so seriously by nbc, why isnt there a review by a third party . I want to pivot to something that many people are waking up to try to come to terms with. Weve lost a giant of a newsman, a tragic accident taking the life of bob simon last night. We were looking back on his career. I was curious about your thoughts youve been watching for a long time as well. The head of 60 minutes called him the reporters reporter. He went where the story was, all around the world. 90 of his stories were from international locations, including the middle east. He was even held captive in iraq in 1919 for 40 days and wrote a book about it. Weve been talking about credibility in journalism he had so much credibility and he had so much trust and he really show what is Television Journalism can be. Think the key for bob simon, the key to his success was that he was a writer at heart and a storyteller at heart. Those kind of values are everlasting, even in this digital age where so much is up in the air. That is going to last forever. 73 years old and still working, just working on a story about ebola for 60 minutes, and trying to find a cure for it he worked with his daughter tanya, who was a producer and collaborator. I suspect we will see that story this weekend on the program. He lived through too much to die so young. Will serve as an example for everybody that the craft is still about the right things when its done the right way. Brian, thank you. That is one story for you this morning. But theres a lot of news. So lets get to it. This is cnn breaking news. Good morning, Everyone Welcome back to new day, breaking news this morning on the crisis in Eastern Ukraine. After latenight talks between the leaders of france germany, russia and ukraine, a ceasefire agreement finally reached. What happens next . We dont know. But here are the facts so far a deal calls for an end of the bloody battle between pro russian rebels and the Ukrainian Government. The fighting is expected to stop by sunday. Lets bring in senior initial correspondent nic robertson, joining us from minsk where the negotiations are going on with the latest. The rebels werent at the table, nic and on the ground were hearing this they say theyre going to keep fighting. How do we make words into action . Well it calls for a ceasefire to come into immediate effect but full effect by saturday night into sunday morning. There will be a pullback of heavy weapons there will be a Demilitarized Zone. The rebels separatists will have to pull back from their advanced position the positions theyve advanced to over the past couple of months since the last time they went to an agreement like this. There will be elections, after the ceasefire agreement is implemented. Were told local elections, there will be a level of autonomy recked for the separatist movement in southeast ukraine. Constitutional reform. There will be the issue of who controls the border between russia and the separatist groups. Thats something that ukraine has said is very important. It does appear that over time the Ukrainian Government will get control of that border. A lot of this is really in the detail so this is a lot of it. That detail we have yet to hear about. And really words of caution. Because what we heard from the German Foreign Ministry Today saying that not everything was agreed the fact that this took 17 hours to get to this point. An indication that perhaps this agreement, as good as it looks on paper right now, is really yet to stick on the battlefield. Chris . And they had a good one before. You know and i remember being with you in kiev and you telling me how complicated this is. And word from the front is nic, that russian equipment still coming across the border. The rebels still wanting to fight so we do have to be skeptical. At least this is how do we see it a beginning to the process . It is part of a beginning. Look i mean what the europeans wanted to get out of this was an end to the bloodshed. So it does seem if the ceasefire holds for now, they will get this pause. But you know one of the things thats not been addressed around the table is russia has denied russia has denied all along its put troops put weapons into support the separatists. So where does russia stand Going Forward on this deal . Thats a very big and open question right now. Whatever septemberists, whatever the Ukrainian Government are agreeing to at this moment. Whats russias longterm plan . Thats what has a lot of people worried and concerned about this. Nic robertson, thank you for all that. Turning to the battle against isis the president formally asking congress to authorize the use of military force to take out the terrorists. The white house says its not a largescale ground operation. But the president s request does leave wiggle room if the threat evolves. Lets get to White House Correspondent Michelle Kosinski with some of the key points of the proposal that even democrats have some questions about this morning. An authorization really shapes the parameters of war. Contains it. But this one actually ended up leaving lots of flexibility for things to change down the road. And when you look at this threeyear authorization request. The only big restriction is against enduring offensive Ground Combat operations or as the president put it longterm largescale operations like what we saw in iraq and afghanistan. But whos to say what enduring means or how long that is . Clearly, theres room for interpretation there. It also allows for the 2001 authorization against al qaeda and its affiliates to stand. And allows the president to fight isis wherever it is. As well as groups alongside isis. Affiliated with it. And allows for other kinds of combat. Some of which weve already seen. Like special operations search and rescue calling in air strikes. So now this rests with congress. To approve it or not, come up with their own. And you have democrats who would like to see this more restrictive. You have some republicans who would like to see it less restrictive. So the white house is not necessarily expecting this to be easy. And they expect some tweaks. Michaela . Easy to say the least. Michelle thank you so much. In his war authorization request, president obama names the americans that have been killed in isis captivity. Including aid worker Kayla Mueller. This morning we learn more about the failed attempts to rescue her. Our justice correspondent pamela brown is following these developments live for us in washington. We are learning new details from the mueller family spokesperson. And according to her, she says that the family actually reached out to the white house last summer when isis set a deadline to execute kayla and asked if it would be willing to swap dr. Sadiki for kayla. Isis had asked for sadikis release. And the family saw it in media reports and were looking for any option to rescue their daughter by the execution deadline. The spokesperson says kayla was still alive past the deadline. And were learning that contrary to reports, the family never turned down a military operation because it was too risky. Instead the family asked the white house if it could be notified of any rescue missions following the failed rescue attempt last july. And as it turns out on a separate occasion kaylas boyfriend who she was kidnapped with tried to rescue her after he was released and he posed as her husband, apparently as a syrian terrorist Training Camp. Kayla wasnt in on this ruse and she said she didnt have a husband, so that man was turned away according to a family spokesperson. But it is evident that there were many attempts to try to bring kayla home. Chris . Its tough, pamela i dont know if it makes it easier or harder to know there were so many attempts. Lets get perspective on this from somebody close to the situation. Arizona congressman paul gosar, he represents Kayla Muellers home town of prescott arizona, but were you more than a representative you were counsel for the family advocate for the family and we know there was a lot of activity going on and that ordinary criticism, that te government didnt try enough doesnt seem to be the case here is that accurate . Well i mean only people that really know that directly chris, is the white house and the family. I cant imagine what the family had to go through. Theyre very stalwart in what they had to go through. But there is some conflicting evidence that maybe the white house and the administration didnt do all they could. Right, thats why theyre coming out with the information about the rescues and such. The last time were you on you said you didnt believe isis but you knew more was going on. You were compelled to conceal. Tell us why. Well you know just their whole edict of how they use torture and when they did execute, they came up with proof. But you know people have to look at the goodness of what this young lady was trying to do. She was trying to reach out in a humanitarian way to help people. And you have to look at the goodness chris, that you know prevails over evil. In many ways kayla represents the best hope. Not just for us in our generation that were going to have here. But will work in fixing the problem in that part of the world. Military action doesnt seem to get it done. People who help defeat the idea seem to be the key. President obama said congressman, that the u. S. Did everything it could do. Do you believe that . Well like i said im not privy to everything for those dictations i was led into little scant pieces here and there. But some of the evidence is showing that maybe that the attempt at raqqa may have been past due. That there was a closer window that they could have interceded in. But thats speculative, beyond my perspective. We know certain things they could have swapped a hostage for somebody else. And they didnt. The family asked them to do that. They could have allowed negotiations and they didnt. Because of this somewhat confusing policy. Given the fact that you are going to have young people and old people like kayla, who are going there to work to live to try to improve the situation, do you think the u. S. Needs to rethink how it deals with people when taken captive . The thing about it if were going to pay ransom chris and we can start down that policy then every american going abroad will be subject to that same application. And then we have a problem all the way across the board. So it is a tough call. Particularly when you look at somebody so young and so vibrant. But theres another side of that story is that when you concede it creates a big problem for us traveling abroad. One of the big challenges is that now that kayla is gone how do we best help the family as they move forward. The rescue attempts do you know if they knew . This suggestion that kayla had been paired off with some terrorist thug were they aware of that . Im not sure. Im not sure chris. Once again, you know the family let me in on certain aspects and kept me apprised of some of that aspect. One of your aides travelled to turkey to search for leads on kayla. Thats an unusual effort. Why did you make it . And did it help in any way . Were you getting information from the administration to help your own efforts . What we did is there was an excursion for the chief of staffs to go into southern turkey. And that had already been planned for a different reason. So i just approached my chief of staff, would he be willing to go to the refugee camps to have to see if theres another lead they could actually follow. I mean youre in the location why not try. One of the things that we were taken aback was in reaching out to the embassy in ankara the person that he contacted, basically said go back to washington, d. C. And do it from there. I thought that seemed very odd, that you have somebody that at least made an attempt to find some leads on an individual in the refugee camp that was not the greatest place to be in. And to get that kind of response from the embassy. So that was a little bit odd. Well congressman gosar, thank you for going above and beyond what we usually imagine as the duties of a representative to the people in their district and thank you for sharing what you know with us on new day. Lets keep the family in your thoughts and prayers. Absolutely. Emotional testimony from the widow of chris kyle as the socalled american sniper murder trial gets under way in texas. Taya kyle was the states first witness against 27yearold Eddie Ray Routh, the man accused of murdering the former navy s. E. A. L. And his friend. On the stand she tearfully recounted the last conversation she had on the phone with her husband before he was shot at a gun range. Two al jazeera journalists are free after two years in prison. They were imprisoned with an australian colleague, charged with promoting terror. Veteran cbs correspondent bob simon was killed in a car crash in new york city overnight. Simon covered major overseas conflicts and reported for 60 minutes, a career that spanned five decades. 27time emmy winner was just 73 years old. He could have gone on for ten more years. It seems like he was, he was working on that piece youre saying about ebola with his daughter. What a loss. What a shock, the cbs people our thoughts and prayer goes out to them and to his family. Lets talk about this thing weve been warning people about, the snow and cold. More snow for the northeast, bitter cold temperatures for millions right in time for the weekend. Jennifer gray you planned it well. How bad is it going to get . Im back. It looks like were going to see very very cold temperatures were talking some of the coldest temperatures of the season by the end of the weekend. This morning, temperatures cold already. Sioux faulgslls, 14 below zero its 2 in minneapolis. With a wind chill of 18 below zero, the frigid temperatures are going to move east as we go through today and cold air coming in behind it by the end of the weekend, highs in the teens in boston on friday. Saturday a high of 22. Back to 19 on sunday. New york city your high is 20 on friday we see lows in the Single Digits even below zero in boston by saturday morning. Your temperature, 2 below zero. Thats one component and then we have the snow. Were going to get a little bit of snow today and tomorrow thats not the big story. The bigger story is whats coming by the end of the weekend. Were talking about bigtime snow again, possible blizzard conditions, windy conditions and a lot of snow. So we could see another one of these strong systems just like weve seen one after another. Right in the northeast. And yes, boston one of the areas, in the bulls eye, could see up to a foot of snow. By the time we get through monday of course maine could see well over two feet of snow. Models do have a little bit of different opinions on this one. Of course but boston is still in the bulls eye with mostly like 1215 inches of snow. We could see eight to ten inches across places like vermont, New Hampshire this is going to be another big one to impact the northeast by the time we get to the end of the weekend. Oh my gosh. It will never not be winter. Never. And were looking at a third one possibly by the middle part of next week. A little bit of this winds up being positive attitude. Yes, its cold the snow is here. But you know this is historic. This isnt just winter. Its only historic until the next time. This is epic. Whats happening. Its always epic until the next time. Well back to one of our top stories, this one such a tragedy, three Muslim Students murdered in North Carolina. Was this a dispute over a parking spot . Or was it a hate crime . Well speak with the brother of one of the victims, next. Turn around every now and then i get a little bit hungry and theres nothing good around turn around, barry i finally found the right snack [ female announcer ] fiber one. In a race, its about getting to the finish line. In life, its how you get there that matters most. Like when i found out i had a blood clot in my leg. My doctor said that it could travel to my lungs and become an even bigger problem. So he talked to me about xarelto®. Xarelto® is the first oral prescription blood thinner proven to treat and help prevent dvt and pe that doesnt require regular blood monitoring or changes to your diet. For a prior dvt i took warfarin, which required routine blood testing and dietary restrictions. Not this time. 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Xarelto® is proven to reduce the risk of dvt and pe, with no regular blood monitoring and no known dietary restrictions. Treatment with xarelto® was the right move for me. Ask your doctor about xarelto® today. I want to make sure that theyre recognized for that and that the world realizes what we have lost. They all had so much to offer. And i just want to make sure that we continue that legacy for them in their name in their honor. And that all of us as americans collectively not let their deaths go in vain. That was the sister of deah Shaddy Barakat, one of the three Muslim Students shot and killed at their home in chapel hill North Carolina this week. Police say the shootings may have stemmed from an ongoing parking dispute. But the victims families think theres something deeper. Joining us is deah Shaddy Barakats brother, faris faris barakat. Thank you so much for being on new day. Were so sorry about this senseless tragedy. We cover a lot of terrible stories here. But this one is the one that i hear people talking about. In the elevators, and in the hallways. This one really has struck a chord, because all three of your family members seem to have been such special people. Can you tell us a little about the vigil last night . Theyre absolutely special people. And you know im seeing this from the inside im not seeing it from the outside, i can only imagine that the world hasnt seen anything like this before. Because this news is literally everywhere. And i want to thank you guys everyone for the support for standing up against violence. And the vigil last night was amazing. As far as i can see, even on stage there were students at the university of North Carolina chapel hill who were there to show support and be in solidarity with my family. And that means a lot to us and thank you very much. Now, have you and your family been able to learn any more about what led up to this shooting . Well we know is that yusar had not felt comfortable around mr. Hicks on previous occasions. He showed up to the door before complaining about the noise that her friends made as they left the parking lot one day talking about how they had woken up his wife. And he came to the door and pulled his jacket up and said kind of indicate that he had a weapon before. And yusar, being the passive and kind person didnt think much of it and we tried to show him, i tried to show him unconditional love in the sense thaw know we respect our neighbor deeply. And we love him as as we are taught to in our religion. So you know to show unconditional love and to have him use that gun instead of you know, maybe carrying it as his right to do so but to use it on my family he had no right to do that. And in rage or hate or whatever it is. Definitely took over at that moment. And its now between him and god on whats next. The police have said that they believe the shootings may have been motivated by quote an ongoing neighbor dispute over parking. And you experienced some of the neighbors wrath yourself. When you went to visit the apartment. What happened . The first time i visited the apartment, this is absolute first time i came out and the neighbor had come to my brothers apartment and said hey, are you guys parked out there . And at first i thought you know this guy is taking a leadership role in his community, making sure that people understand and that new people the new kids on the block understand what the parking rules are. And ever since then weve made sure to follow the regulations and rules. My brother after being visited by mr. Hicks, repeatedly has repeatedly been to the office and has asked, is he okay to park here and here . They gave him the clear and they said if mr. Hicks bothers you again, please call the police. And maybe they should have. But again we cant go back and think that maybe they should have or not. We know theyre in a great place right now and thats what keeps us strong. Your words are so heartening to everyone who is struggling with how to make sense of this senseless situation. What do you think were not going to make sense of it. Youre right. There will be no answer here. But what do you think really was at the root of this . Was this a about a parking spot . Or was it as your sisterinlaw believed and told her family that he was, he did have some sort of particular animosity against them . You know if im at work and someone spills coffee on me and i didnt think much of them maybe i wouldnt be so bitter. But you know if i was a bigoted ignorant man and i see muslim spill coffee on me its going to be a lot worse. If i end up killing a muslim over spilled coffee. You cant tell me its over spilled coffee. It could be partly based around the parking spot but the hate and the anger and the rage was not if it comes to where three amazing lives are taken from us, because of a parking spot . Then were in a more desperate state than i guess any of us have ever thought we would be. But were not there. And this is what im telling you, its not over a parking spot. We appreciate and thank everyone who has supported us on this theres so much support on this. And again, my mom wanted to spread the message that dont fight fire with fire. Dont fight ingnorance with ignorance. The judgment is between him and his god now. But unfortunately he doesnt even believe in god, it seems. Such a bitter soul and we pray for him. Your message and your moms message are so powerful. Hopefully everyone will heed them. Can you tell us more about your brother and his wife and her sister . They sound like such special people and we know they were big parts of the community. What can you share with us . I have still, not fully uncovered what it had meant to me to have him as a brother. Because sometimes i dont even think that i lost him. We were doing a press release and we were going as a family and my thought was okay who is going to tell my brother and is he going to meet us there . And all this news and at the vigil, i wanted to text my brother, man, check out all this huge reaction. But soon after i realized that the reason were all here is because my brother was taken from me. So i dont understand fully what it means to have lost him. He was an amazing person. And today youll see many many people coming out to commemorate their lives, yusar was down to the core passive, kindhearted and easygoing person and razar, a talented and easygoing person. I wanted to set up a face book for them. I knew i wanted to pool this energy and the first thought that came to my mind was, hey, i go to do hrazar. But she was taken from us each and every one of us i wanted to be in this experience and wanted to share it with them and every little bit im reminded as how i cannot do that. We understand. I mean even though we didnt know them we feel your loss today. Farris thank you so much for being on new day and sharing your personal story and were praying for you and thinking of your family. Thank you very much and thank you for all the support. Thank you. We want to know what you think about this story. Was it really a parking dispute . Was it more . Tweet us new day or go to facebook. Com newday. Congress and the president agree the u. S. Must fight back against isis theres a political battle over how far we should go when it comes to putting troops on the ground. If so for how long . Theres a lot to deal with and john king will do it for you on inside politics. E spend every waking moment, thinking about people . Why are we so committed to keeping you connected . Why combine performance with a conscience . Why innovate for a future without accidents . Why do any of it . Why do all of it . Because if it matters to you its everything to us. The xc60 crossover. From volvo. Lease the wellequipped volvo xc60 today. Visit your local volvo showroom for details. You cant predict the market. But at t. Rowe price weve helped guide our clients through good times and bad. Our experienced investment professionals are one reason over 85 of our mutual funds beat their 10year lipper averages. So in a variety of markets we can help you feel confident. Request a prospectus or summary prospectus with Investment Information risks, fees and expenses to read and consider carefully before investing. Call us or your advisor. T. Rowe price. Invest with confidence. A potential ceasefire in Eastern Ukraine has been reached. The fighting could stop as early as sunday. The leaders of france germany, russia and ukraine are set to sign the agreement, ending months of bloodshed at least temporarily. There is cause of skepticism. Word from the front is that russian equipment is still crossing the border at this hour and rebels vow to continue fighting. President obama has asked congress to authorize military force to combat isis. The president making it clear the operation would rely mostly on air strikes, prompting bipartisan skepticism. Republicans want stronger measures, including the use of Ground Forces while democrats outraged the president even left the door open for the deployment of Ground Troops. Tens of thousands of demonstrators taking to the streets to protest the houthis taking over yemen. Yemens former leader is gone after Houthi Rebels seized control of key government facilities dissolved parliament and placed him under house arrest. We have video shot by nbc station kxas in dallas for you. Helicopter was over this highspeed police chase, it ends after the suspect rams into two vehicles before sideswiping and rearending the minivan. The man and woman in the minivan got out of the vehicle and then dragged the suspect out of his car and brought him to the ground. Police get to the scene. Take the man into custody. They say he stole the vehicle from a convenience store, hes been charged with aggravated robbery and evading arrest. Dont mess with texas. Do not. Lets get to inside politics, on new day with mr. John king. Happy thursday my friend. Happy thursday to you, michaela i might see you in the next couple days coming to new york might pay you a visit. Lets go inside politics, a big debate in washington about the president s war request. With me to share reporting and insight, julia pace of the Associated Press and ron fournier of the national journal. The president said he wanted to get congresss buyin. Yesterday they sent up the wording, the authorization of the use of military force. The president says it will help him win the fight. But it has some restrictions. The resolution weve submitted today does not call for the deployment of u. S. Ground combat forces to iraq or syria. It is not the authorization of another ground war. Like afghanistan or iraq. I do not believe americas interests are served by endless war. Or by remaining on a perpetual war footing. You cover the white house every day, nobody likes this on capitol hill. Well get into some of the specifics of why the left doesnt like it, the right doesnt like it. They spent a lot of time working on it why did the president present it this way . The president spent a lot of time talking to lawmakers in both parties, but Neither Party seems to like this. Thats couple reasons the president wants to do this its important to note he feels he has the authority to undergo this mission without new legislation. But he feels like it sends an Important Message it could set a precedent for future president s that you should go to congress to ask for authorization. He also wants to be clear that hes putting a time limit on this and hes not seeking authorization for Ground Troops. And yet, even in his remarks he acknowledged that some of the provisions in this could be extended, we could end up with special Operations Forces doing small missions but being in the ground in very dangerous missions. You could interpret that theres no limits on time or very little limits on the numbers of forces. It shows the attention president has had during his presidency tweel idealism and pragmatism. Once he gets in office he realizes i dont want to have limits on my presidency. Thats what youre seeing here is the tension playing out. The boston globe, the picture there, obama, biden, kerry and chuck hagel. Four senator who is made their mark with antiwar. Nancy pelosi called the president s proposal a thoughtful draft. Its interesting when the leader of your own party calls it a thoughtful draft. It doesnt say its a good idea. Heres john boehner on the other side john boehner leading republicans saying this isnt tough enough. If were going to authorize use of military force, the president should have all the tools necessary to win the fight that were in. And his point, the president s point is he wants to dismantle and destroy isis. I havent seen a strategy yet that i think will accomplish that. So republicans say the president is putting limits on himself and this administration concedes the next commanderinchief will inherit this operations but democrats mindful of the george w. Bush administration and the 2002 authorization for iraq say this is too vague for them. The other major issue is the language pertaining to Ground Troops, which is very broad. Very ambiguous, none of us really know what enduring offensive combat operations means and deliberately i think drafted to be ambiguous. So these guys cant agree on anything. So theyve sent the president has a proposal a serious issue, that campaign against isis the war against isis. Will they work this out . Are they going to have hearings the democrats and republicans going to be able to figure out a consensus . Bob corker said he wants to move on this quickly, wants to Start Holding hearings immediately. Its difficult to see how you resolve the differences here when the parties are so far apart on this. When you have one party saying its too broad and one party saying its not broad enough. Wheres the middle ground there . Ill give the president credit for putting this forward and keep working under the 2001. In congress theyre finally stepping up and getting over their fear of debating this issue. We need to have a healthy debate. But the cynical side of me looks at these folks in congress they cant even agree on naming a post office. Are they going to agree on a war resolution. I dont think you can estimate how the shadow of the 2001 and 2002 aumf votes hangs over this there are a lot of lawmaker who is took a tough vote on the 2002 war authorization, who regret those votes. Well watch how it plays out, how the 2016 republicans deal with this and any democrats who might be thinking of challenging secretary clinton. Lets move on im tempted to move this part of the segment to the Natural History museum at the smithsonian here in washington. Across the pond in london. President ial candidates should stop going to london. Scott walker the governor of wisconsin, jumping up in the polls in iowa and New Hampshire gets asked this question about science. Do you, are you comfortable with the idea of evolution . Do you believe in it . Do you accept it . For me im going to punt on that one as well. No. Really . Thats a question a politician shouldnt be involved in one way or the other. Any british politician right or left wing would say, would laugh and say yes of course evolution is true. To me i said its one of those where im here to talk about trade, not to pontificate and i love the evolution of trade in wisconsin. Got a couple of growns a couple of laughs scott walker tweeted after that both science and my faith dictate my belief that we are created by god. I believe faith and science are compatible and go hand in hand. Thats no answer. Thats not an answer. Thats a dodge. He says, a punt. Look youre right, he should stop going to london. And welcome to the big leagues, scott walker. I know there are a lot of supporters including him are whining, this is a manufactured controversy by the press and it has nothing to do with being president theyre wrong. Wants to be president , theres no questions off the table when youre president. His party includes an evangelical base that raises these questions in its questionnaire. Not just us. Almost half of his base doesnt believe in evolution and if you dont believe in evolution that raises questions about the kind of leader youre going to be. Are you going to accept things that are no longer a theory. Evolution is a fact. Its not just a theory. Its worth noting in the clip you just played scott walker said im also going to punt on this. He punted on a whole range of issues. As a reporter and as an american you have to be frustrated with this if you want to run for president youre going to have to tackle a huge range of issues youre going to have to talk about them you dont want to talk about them. Youre not going to be able to plan your talking points that carefully. You have to step up to the plate. Hes an american leader laughed at by the brits. Imits is simple rule. This is a Forbes Magazine article that my producer found for me. In 2008 ten president ial candidates were asked if they believed in evolution. And only one said yes, mitt romney. Some of the questions might be out of bounds but again if you want to live in the big house, you want to control the nuclear arsenal. You want to make decisions about war and peace, you have to be prepared to answer anything. Maybe their positions are evolving, politicians do that also. Yes, they do. John hope to see you this week up here. Theres controversy after a Chicago Little League team is stripped of its u. S. Championship title. Should the kids have po pay the price for adults accused of cheating . What makes it an suv is what you can get into it. What makes it an nx is what you can get out of it. Introducing the firstever lexus nx turbo and hybrid. Once you go beyond utility theres no going back. In my world, wall isnt a street. Return on investment isnt the only return im looking forward to. For some every dollar is earned with sweat, sacrifice, courage. Which is why usaa is honored to help our members with everything from investing for retirement to saving for college. Our commitment to current and former military members and their families is without equal. Start investing with as little as fifty dollars. The real question that needs to be asked is what is it that we can do that is impactful . What the cloud enables is computing to empower cancer researchers. It used to take two weeks to sequence and analyze a genome; with the microsoft cloud we can analyze 100 per day. Whatever i can do to help compute a cure for cancer, thats what id like to do. Theres something happening right here in this country. Its the sound of america. Working with american materials. In american factories. At weathertech all we do is create the highest quality Automotive Accessories including laser measured custom fit floor liners. Order yours today at weathertech. Com or call 1800carmats weathertech floor liners. Proudly made in america. In our house, we do just about everything online. And our old internet just wasnt cutting it. So i switched us from uverse to xfinity. They have the fastest, most reliable internet. Which is perfect for me, because i think everything should just work. Works . Works. Works works . Works. Works. Good to have you back. An allafricanamerican Little League team that won the u. S. Championship and won the hearts of america has been stripped of its title. Little League Officials accused Jackie Robinson west team of violating residency rules. The tome thats been celebrated for bringing the city of chicago in a tough time. The question is should the children pay the price for what adults are accused of doing . Were joined by two people who have a dog in this fight. This is vanitha green. A mom of one of the players on the team and along with her is reverend jesse jackson, president of the rainbow push coalition. Can i ask you how brandon is doing right off the bat . Im sure that hes trying to make sense of whats going on. Brandon is a strong child. And im so blessed to have a child with much resilience as he is. He asked me this morning if we can go shopping for valentines for his friends at school. So i think ice, hes okay. Because he knows mommy is working on this. Thats good to know. I know reverend ill ask you a question in a second here. I know you, you, vanisa and your son were vocal at the press conference. You said that you were completely blindsided by this news. And that the team was being stripped of its titles and being placed on probation. This is absolutely true. No one from Little League international ever communicated with any of the parents in i learned last night that they had not communicated to the League Officials of Jackie Robinson west either. So you didnt know there was an investigation going on as early as last december or the fact that these, were you even aware of the residency rules to begin with . No we were not, we were not given any written documents as it relates to residency rules. When we originally registered brandon. And during several parent meetings, we were also not given any written notification as we supplied them with our proof of residency residency, via a light bill and brandons birth certificate. To prove his age and also our stateissued i. D. And we supplied all of this and none of the rules were ever spoken about. So you think theres Something Else going on here venisa . You dont think this is about rulefollowing per se or even some sour grapes on the part of our leagues that are upset that they didnt make it this far. What do you think is behind this . There is a hidden agenda. I have not unravelled it all. But i do know that this is the first all africanamerican Baseball Team in 50 years ago we couldnt even play the game of baseball. And now that we play and weve mastered the game again, the rules changed. Theres always a set of hidden rules. In my experience. When africanamericans are involved. Our Sports Department told us theres two other all africanamerican teams that made it this far back in one of the 90s and one earlier than that. Reverend jackson, let me ask you, you have taken a great concern in this. What is your concern about what went on with Jackie Robinson west . One given the worst scenario that the harshness of the penalty, does not compare with the scenario that is to say, if this was a case of overage children playing, 14 15 manipulating birth certificates outright lying, that would be a case. Here the children have been charged with nothing. Yet they bear the burden of the sentence whether it is an in professional baseball if its drugs or if its a court bet or a deflated football its retroactive on the individuals, not on the team. So to come down on these children this way, is unconscionable. The chicago mayor, rahm emanual, apparently had a call with the Little League president and said that the players dont deserve to be punished. Instead, the victims or the adults should be the ones sanctioned. He said you have turned them into perpetrators when they are victims. Some of them for example are facing at this school facing hostile reaction being called cheaters and liars. And this strange that a man who brought the case over in the park, a mother indicated in a press conference last night, her son was recruited by him. And her son did not live in evergreen park. Theres a sour grape factor here. There will be a lawsuit filed, no doubt, and theyll have to deal with one set of rules. When chicago plays a mexico or taiwan or south korea, those are National Teams versus local teams. Part of the genius of the game is an even Playing Field and one to the rules if we do nothing other than reestablish an even Playing Field, thats a step forward for everybody. Venisa i want to you make the point, this for you is more than just a game or a trophy or a title. It is important for you to have your son in Little League. Explain to people why its so important. It is important to have children at this age engaged in extracurricular activities. Research shows that students and children who are involved in other activities are less likely to be involved in things that would have them punished by the law or end up where they are being buried or being shot in the city of chicago. And so we work hard to make sure that brandon is engaged in academic and sports activities after school. My husband and i. Well venisa can we send a message to you and your son, let him know that we know he and the team fought hard for that victory. The adults messed up in this situation, it wasnt the kids, we still think theyre champions in our mind. Can i say emphasis must not be trumped by access and inheritance, effort and excellence must matter. Thank you to both of you. Chris . Bogus tax returns are on the rise gets sog bad the fbi is stepping in. How can it affect your tax returns . Well discuss after this. Your honey. The setting is perfect. But then erectile dysfunction happens again. You know what . Plenty of guys have this issue not just getting an erection but keeping it. Well, viagra helps guys with ed get and keep an erection. Ask your doctor if your heart is healthy enough for sex. Do not take viagra if you take nitrates for chest pain; it may cause an unsafe drop in blood pressure. Side effects include headache, flushing, upset stomach and abnormal vision. To avoid longterm injury, seek immediate medical help for an erection lasting more than four hours. Stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. Ask your doctor if. Viagra is right for you. Sometimes the present looked bright. Sometimes romantic. There were tears in my eyes. And tears in my eyes. And so many Little Things that we learned were really the biggest things. Through it all, we saved and had a retirement plan. And someone who listened and helped us along the way. Because we always knew that someday the future would be the present. Every someday needs a plan. Talk with us about your retirement today. Its frustrating being stuck in the house. Good thing xfinitys got 2 hour appointment windows. They even guarantee theyll be on time or i get a 20 credit. Its perfect for me. cause i got things to do. Oh, yeah woooo with a guaranteed 2 hour appointment window and a 97 ontime rate xfinity is perfect for people with a busy life. At ally bank no branches equals great rates. Its a fact. Kind of like shopping hungry equals overshopping. Well its almost tax time and turbo tax has a big problem. A surge in bogus tax returns filed with their software and now the fbi is getting involved. This could be bad news for your return. Christina alesci is here with cnn your money report. What is the problem . Well this new investigation comes on the heels of turbo tax saying last week that it had to suspend state filings because of an increase in fraudulent activity. So for most people the question is what do you do from here . First off, dont respond to any suspicious emails looking for personal information. You could say that that is an obvious thing, but these things sometimes look will helegit. If you are the unfortunate victim of this kind of fraud, you need to fill out a slew of paperwork. You need to report it to the irs, the federal trade commission commission. File your tax returns early because theres two benefits there. One, this is supposed to be a terrible tax season because the irs is inundated and understaffed. You beat the thieves to the punch because if you file they cant file they cant file another tax return. Is it safe to file your taxes online given this . I knew you were going to ask me that question. That is really a tough one to answer because it is really too early to tell. A lot of our personal information is already out all over the internet. Theres an investigation underway. Turbo tax is saying its not our software thats the problem. The fact is we dont know where these guys are getting the information, and just to put this into context, tax fraud is not a new phenomenon. The irs said last year it paid out 5. 2 billion in fraudulent tax returns so there you have it. And more to come according to most experts. Usually people are cheating on their taxes. Exactly. And not being hacked. This is a whole new problem. Thanks so much for that warning. Absolutely. Well breaking news. A deal reached in the ukraine peace talks, but what exactly are the terms and what are the chances the ceasefire will hold . Christiana amanpour will be here to give us insight. This is an issue that gets bigger and bigger. Alabama chief Justice Roy Moore thumbing his nose on the Supreme Court. He says the law is on his side and he can block gay marriages in his state. Is he . We take it on and put him to the test. New day continues. When salesman alan ames books his room at laquinta. Com, he gets a ready for you alert the second his room is ready. So he knows exactly when he can check in and power up before his big meeting. And when alan gets all powered up, ya know what happens . I think the numbers speak for themselves. Im sold hes a selling machine put it there. And there, and there, and there. La quinta inns and suites is ready for you, so youll be ready for business. The ready for you alert, only at laquinta. Com la quinta they lived. They lived. They lived. dad we lived. Thanks to our subaru. announcer love. Its what makes a subaru a subaru. Doug, we have the results, but first, we have a very special guest. Come on out, flo [house band playing] you have anything to say to flo . Nah, ill just let the results do the talking. [crowd booing] well, he can do that. We show our progressive direct rate and the rates of our competitors even if progressive isnt the lowest. It looks like progressive is not the lowest ohhhh when we return well find out whether doug is the father. Wait, what . O e. A bit of a confusing situation for many of the separatist militants here. This is a broad agreement to pull back heavy weapons. It is not the authorization of another ground war. I think it can pass but certainly not in its present form. The president says he wants to destroy isil i dont think anybody believes him. The Supreme Court is about to make a shift. Why does it affect your life . Enoughs been said in the courts that there should not even be this issue. 21 states have failed to do anything in opposition to this. Here in this state weve taken a stand. Samesex couples should have the same rights as anybody else. Announcer this is new day with chris cuomo, Alisyn Camerota and michaela pereira. Good morning. Welcome to your new day. Its thursday february 12th. 8 00 in the east. News of an agreement to end the bloodshed in Eastern Ukraine. The leaders of germany and france reportedly reaching a peace deal with president of russia and ukraine following allnight talks, but there is reason for skepticism. Now the ceasefire is scheduled to begin on sunday once the agreement is signed by all parties. Lets begin our coverage with Senior International correspondent nic robertson. Its live in minsk with the latest. Tell us how this all came together nic. Reporter 17 hours. A marathon session of talks overnight. It almost fell apart on several occasions. The ukrainian president at one point saying there wasnt enough on the table for him. The separatists saying the same. What we have right now, a ceasefire that should come into full effect by midnight saturday night into sunday morning. When that happens, heavy weapons get pulled back. Then there is a Demilitarized Zone created between the two forces. The separatists are expected to pull back along much of their front line at the moment. If that is successful there will be local elections in the separatist areas. There is expected to be a change in the constitution of ukraine to allow this to happen. If all that is successful by the end of this year ukraine may be able to take control of the borders between the separatist region and the rest of russia. That had been a major concern for the Ukrainian Government but this is far from the easily agreed easily achievable full agreement that all these diplomats heads of state wanted to get to. The German Foreign ministry saying that they werent able to Reach Agreement on all points. A lot of the details and the sequencing here may be the floundering and trouble ahead for this agreement as it stands so far alicesynalisyn. 24 is not this is not the first time weve heard of a peace agreement. Will this hold . Christiana amanpour reporting. Reporter good morning. Moments ago french president hollande said quote, the coming hours will be decisive whether this deal will hold. It sounds like its quite precarious precarious. Reporter it is and it always is in these circumstances going back to many of the wars ive covered. Any ceasefire agreement is never there and said until they are. They may have signed some paper but what happens on the ground between now and midnight local time when the ceasefire is meant to come into effect. The fact that they have agreed though is significant, and it comes, to be honest as russia has been making a lot of movement and won a lot more territory. Under this agreement the russian backed separatist forces have to pull back to where their lines were back in september under minsk 1, so to speak. So its not like theyre going o win the territory that they have mill tearily seized in the interim between that ceasefire and this one. So thats important. And then they have to decide on you know more autonomy for that region. Thats what the ukrainians have to do. And to allow, you know more representation in that region. It will be very important to see all these heavy weapons pull back. Its a distance of between 50 kilometers and 140 kilometers from the front lines depending on the caliber and the size of those weapons. Thats a pretty big deal. We have seen these come and go in the past and everybodys waiting to see really if it actually is implemented on the ground. Interesting that the two leaders of the break away republics luhansk and donestk, while they werent at the table, did sign this agreement. Its interesting as Nick Paton Walsh reported from the front lines, the rebels havent gotten the word. They say they have been deceived before. They have not gotten any word from their commanders so theyre skeptical that this will happen by sunday. Well the truth is that word takes a while to trickle down to the formations on the ground. Thats a fact and its always been like that in all these situations but to be frank, they have got the word. Their commander are the people who have signed on to this agreement backed by president putin who has given the word to the international community. So these are not autonomously acting actors. They are backed by russia president putin and of course by their leaders on the ground. So there is no excuse if they dont pull back because it has now been agreed to and confirmed by the president of russia. Now weve seen this before youre right. It was broken the ceasefire agreement from september. The russians got a lot more territory. This is coming into effect when they have not yet achieved the very strategic town between donestk and luhansk. Theyve not gotten the strategic port of maripol. Maybe theres face saving put on the table to manage to get putin to pull back. Well see how its interpreted. Obviously having weapons on the table, in other words, the threat of arming the ukrainians they have concentrated some minds. Lets talk about the politics of this christian. Who conceded the most in terms of this deal . Reporter look some might say president putin because they did actually dwayne more territory between september and now. Others will say, you know the ukrainian president because hes actually seen so much territory eaten up. I mean at this point its not about who conceded the most its about whether this deal actually goes back to the status quo ante. In other words, makes ukraine whole and sovereign, actually gives ukraine full control of its International Border which it does not have right now because the front line is way west of that International Border. The agreement says he should have. Well see whether that happens. And then whether the people of the east can actually get what was promised in the First Agreement in minsk, a little bit more autonomy respect for their language being able to speak their language you know those kinds of things without it being a break away repub zblik christiane thanks so much for giving us all the context this morning. Great to see you. Reporter thank you. Now to the president s plan to wipe out isis. He is urging congress to authorize military force. His plan does not involve boots on the ground in iraq or syria but it does leave the door open in case the threat evolves. Lets turn right to White House Correspondent Michelle Kosinski with the key points of this proposal and obviously the expected push back. Reporter this is interesting. Its basically the president saying to congress how much should i be able to do and not do against isis . This balance between tailoring it to isis but leaving flexibility in case things change down the road. Of course they likely would. You see that balance in there. I mean in this threeyear proposal there is really no big restriction except one. It does not authorize enduring offensive Ground Combat operations. As the president put it no longterm largescale operations like what we saw in iraq and afghanistan, but how long is enduring . What does that mean . Clearly theres room for interpretation there. Theres nothing in here that would restrict say, short term smaller scale combat. It also allows that 2001 authorization against al qaeda and its affiliates to stand. Allows the president to fight isis wherever it is and groups that would be fighting alongside it. Also other kinds of combat like special operations rescues, calling in airstrikes. Some of what weve already seen. There are some democrats who would like to see this whole thing actually more restricted. Some republicans who would like to see it less restricted. Now its up to them to hash this out. There will be debate hearings and likely tweaks. Chris. Good. Its their job under the constitution michelle as you know whether or not no declare war, and thats what this is by any other name. Lets discuss the fight against isis and the president s new war plan from somebody who understands what is needed on the ground. Pentagon press secretary john kirby. Admiral, always glad to have you on new day. I know you do not like to wade into the political waters and i am not deft enough to make you do it thank you. So instead, please what im going to ask you to do is to lay out the justification militarily for these things. The immediate push back will be enough is enough. We dont need to do any of this. Its not working, the bombs. They have all of these foreign fighters coming at an unprecedented rate. Theyre gathering land. Its not working. No more. What do you say . Well here at the pentagon we have been saying this for a while. This is going to be at least a three to five year fight against isil from a military perspective. I would say the strategy were implementing we believe is working. We have put immense pressure on these guys. Theyre not taking new ground. Theyre starting to see problems that theyre not getting the recruits. Theyre starting to constrict. Theyre losing revenues every month. Financially theyre under more pressure. Weve got a coalition of 60 nations that are coming together to really try to degrade their capability. The strategy is working. Secretary hagel was very clear that he supported this proposal by the president because it would give our military commanders the flexibility they need the agility to being after this group, a group, chris, which you know is trying to metastasize, to grow to get influence outside iraq and syria. Its really important, i think, for military commanders to know that theyve got the flexibility to be able to prosecute combat operations against them in places other than iraq and syria if necessary and in ways that maybe we cant even predict right now. You say trying to grow. The other side says is growing. Unprecedented rate of growth which shows their vitality despite the bombings. Theyre using what youre doing against them as a recruiting tool. Theyre calling for the attacks in paris. Thats their new m. O. Nothing will help them address the root causes of those problems. This is a distraction and further ground down the wrong road. Well i would say when we said this from the very beginning, chris. This just cant be a military fight. There has to be other elements to the strategy. There are. Diplomatic economic political. The authorization to use military force is just that. Its an authorization to use military force. Its to characterize the scope of military involvement against them but it doesnt and it shouldnt be considered as the full scope of everything with respect to the strategy against these guys. Our focus here in the pentagon is going at them militarily. There are two key components to that. One is kinetic pressure airstrikes as youve talked about. Two, its helping enable the capacity the combat power of our partners on the ground the Iraqi Security forces, also military syrian moderate opposition in the future. Theres that word in there about Ground Troops enduring. Youve been answering questions about it all morning, i. Sure that that is the word that catches the attention. It shows that you guys are being handcuffed by politicians. They wont put you on the ground because they dont like the political pressure. They say they want it about the coalition. The region isnt stepping up. Theyve given you a window to put you in a situation where you may be put in there in a halfway scenario. We dont want our fighting men and women exposed to it. Secretary hagel fully supports the authorization language that the president put forward and as you promise youre not going to make me get into political debates here. I lied. This is a discussion that has to happen now between the white house and congress and thats the appropriate place for that discussion. Again, from a military perspective, what commanders need is the flexibility and the agility to continue to prosecute kinetic operations against this very deadly very determined foe. You know that a big part of the resistance on the part of the American People is their feeling that they care about the welfare of the fighting men and women. Thats why theyre pushing it and i know you know that. One quick question off topic. Yemen. Theres mixed reporting on it. There are all these reports circulating that there are troops that may still be there trying to defend. People are looting. Who is there from the u. S. . What is the real deal . Thanks for the question. I appreciate the opportunity to kind of clean it up. So there are no American Military personnel in saana. The embassy has been evacuated and all the diplomats and all the military personnel that were at our embassy complex are gone. There are reports American Military personnel are still guarding the complex, that is not true. That said chris, we still have a military Counter Terrorism capability inside yemen. We do have some number of special Operation Forces that are still operating in yemen. As a matter of fact chris, some of the training that were conducting with the Yemeni Security forces is occurring outside saana. We still have the capability to conduct Counter Terrorism operations. Ive said this from the podium. Wed like to see our ability to conduct Counterterrorism Operations in yemen to continue. That is always better easier more effective when you have a partner on the ground. Thats a little bit uncertain as the political situation continues to unfold. We are still capable of conducting Counterterrorism Operations in yemen. I wasnt really lying. I wasnt trying to put you in a box. I knew you wouldnt go there anyway. Thank you for being on new day as always. Thank you. An emotional day in the trial of the man accused of murdering former navy s. E. A. L. Chris kyle and his friend. After the Opening Statements kyles widow taya took the stand. She recounted a telephone conversation they had before he was shot and killed by 27yearold veteran Eddie Ray Routh. Routh was in the grip of a psychosis when he took their lives. Tens of thousands of commuters on the b. A. R. T. Rail line in San Francisco may have been exposed to the measles. Officials say an infected person rode the train for rush shower for three days last week. That unidentified person also died at a San Francisco res straublt. Blast from the past. Remember the former cochair of Sony Pictures amy pascal. Shes breaking her silence. We got to know her from her personal emails. She calls the embarrassing breach of privacy, quote, strangely freeing. Pascal also characterized her departure from sony as a firing. The studio calling it a mutual parting of ways at least the way uncoupling wasnt used. Do you remember that picture, that awkward picture of angelina yes. Giving her the hard grab on the shoulders. I wonder if Angelina Jolie finds it freeing that they came out. Theres that update. Then this story that so many people are talking about. Three Muslim Students gunned down execution style in chapel hill North Carolina. Was this a hate crime. And the Supreme Court says a ban against gay marriage in alabama is illegal. The states chief justice, roy moore, says theyre wrong. And he is ordering Lower Court Judges to ignore this ruling and he says the law is on his side. What is this really about . Is he right . 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I think there are enough facts in the record to pursue that as a line of investigation. There certainly are some facts to indicate that this may their religion may have been a factor so i think that its very important that we pursue this and get to the bottom of it. I am confident based on my review of the facts that the parking answer is certainly not the whole story. And when you say what are your review of the facts . What are the things that lead you to believe that . Newspaper articles. Newspaper articles ive read and also people ive talked to in North Carolina who have told me that there was some history between the people that there may have been comments about there may have been some comments referring to you know religious clothing or clothing associated with certain religious practices. You know what i want to say is that its prudent for us not to jump to a conclusion but its also prudent for us to keep all options open including the possibility that it was a bias motivated crime. I dont want anybody to jump to any conclusions, i want us to keep our minds open and follow the facts where they lead us. In fact, the suspects own facebook posts do tend to point towards him having a problem with religion. Its not clear right. Which religion. I believe he selfidentified as an atheist. He seemed to have a problem with all religion. He says given the enormous harm that your religion has done in the world, id say that i have not only a right but a duty to insult it as does every rational thinking person on this planet. Again, unclear who hes talking to there, but he had an issue. Yeah he certainly did have an issue, and i think that there were a number more than one contact that had been going on. They were killed execution style so if the whole story about the parking were accurate you would think that it would happen at a parking place where there was some kind of an argument. Thats not happened. So the bottom line is that i think there are a lot of facts here. This very well could be a bias motivated crime but the real point here is youve got three lovely americans. They were raising money to help refugees in syria. One was a very talented artist young, married couple and a young, talented college student. And i think that you know these young people were extraordinary but they were not unique in that they were young people who are muslim doing what other people are doing every day which is trying to make this a better place try to contribute their talents to a better america, better world. That was the main point. At duke yesterday there were 10,000 or so 5,000 or so people gathered. The chancellor spoke. Deahs mother spoke and talked about how he stood for love, against fear and hatred and we should never turn on each other because of these horrible tragedies. That is whats right in this short aftermath after the deaths. There will be plenty of time for police investigation, for justice to prevail. Right now lets celebrate the lives of these awesome young people and remember that we have so much more in common. These were not muslims that were killed, this is a husband and a wife. This is two sisters. This is a young dentist student, young artist. So much more than their religious identification. Such a great point. They were really roll models it sounds like in their community. While we have you, congressman, we want to ask you about the authorization for military force that the president asked congress for yesterday. Are you comfortable with how he outlined that request . Well im glad he did outline the request. I think thats important and appropriate. It shows respect for the congressional role in declarations of war. By the way, that is what i see this as as a declaration of war that were being asked to consider. Now having said that im not comfortable with the broad geographic scope. I think that this should be limited to geographic theaters. If the president wants to go to yemen, somali somewhere in the world, then that needs to be the subject of a new aumf. I think its a good thing for the white house and congress to be talking about constantly about the most important decision that any member of congress will ever make which is to declare war. I think that we also have to understand that this is a multifaceted conflict and it certainly expand well beyond military means to resolve it financial restrictions on the terrorists stopping them from selling oil, gathering the international community, the Regional Community to encircle them. There are a lot of factors to consider but i guess my point is im glad were in this dialogue but we need to narrow the scope a little bit more for my comfort. Congressman keith ellison, thanks so much for being on new day and sharing your thoughts this morning. Thank you. Any time. We want to know what you think about this crime in chapel hill North Carolina. Was it merely a parking dispute or was it a hate crime. You can tweet us at new day or tweet us at facebook. Com new day. Roy moore is blocking samesex couples from marrying even though the u. S. Supreme court has approved it. Whats his next step . Were going to ask him when he joins us live. [container door opening] what makes it an suv is what you can get into it. [container door closing] what makes it an nx is what you can get out of it. Introducing the firstever lexus nx turbo and hybrid. Once you go beyond utility theres no going back. Meet the worlds newest Energy Superpower. Surprised . 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Something more amazing. A safer, cleaner brighter future. At boeing, thats what building Something Better is all about. Here we go with the thursday edition of five things you need to know. President obama is asking congress to authorize military action against isis. Kayla mueller the latest american to die in isis captivity. U. S. Intelligence Officials Say its unclear if she was coerced, sold or perhaps forced into that pairing. A ceasefire agreement has been reached in Eastern Ukraine. Leaders of france germany, ukraine and russia negotiated throughout the night. This agreement calls for both sides to put down their weapons on sunday. Tens of thousands demonstrating taking to the streets to protest shiite muslim rebels taking control of yemen. This after the u. S. Brittain and france shut down their embassies after growing security concerns. A legendary news man has been killed. Veteran cbs correspondent bob simon killed in a car crash in new york city. The town car he was driving in hit another car and slammed into metal highway barriers. The 27 time emmy winner was 73 years old. We update those five things to know so be sure to visit new day cnn. Com new day. The fight for gay marriage is not over. The front on both have come together in alabama. The states chief justice is blocking samesex weddings, and were going to test him on why. Theres confidence. Then theres trusting your vehicle maintenance to ford service confidence. Our expertise, technology, and high quality parts mean your peace of mind. Now you can get the works, a multipoint inspection with a Synthetic Blend Oil change tire rotation, Brake Inspection and more. 29. 95 or less. Female announcer through president s day, get 36 months interestfree financing, and save up to 300 on beautyrest and posturepedic. Even get three years interestfree financing on tempurpedic. Plus, free delivery, set up and removal of your old set. And sleep trains 100day money back guarantee. Keep more president s in your wallet. This special financing offer ends president s day at sleep train. Guaranteed sleep train your ticket to a better nights sleep welcome back to new day. Samesex marriage became legal in alabama on monday by order of a federal ruling by a court. The judge issued an order saying law and god is on his side. The question is do those two go together in this instance. We have chief Justice Moore with us this morning. Appreciate you taking the opportunity, your honor. Thank you, sir. So the basic question is and i know theres a lot of legality here we dont want to get too into the weeds for our audience because theyre neither jury jurists nor lawyers, at least not at your level. The question is the federal law should rule and it says to the attorney general of your state, allow the marriages to go forward. Why are you resisting that . Because thats not the federal law. What youre confusing is law with an opinion of the justice and thats the basic fallacy which all this is built upon. What did one lone judge in Alabama Federal Court says is not law. If it were law, then the United States Supreme Court wouldnt be meeting to determine this issue in april through june. Two things your honor. First, this yes. Appeal for a stay went all the way to the Supreme Court. The stay was denied. That is the Supreme Court saying follow the District Court order which is what is telling your state to allow the marriages and as you know the history of your state very well better than i, District Courts are often the tool for change lets say with segregation. If your state hadnt followed those District Court orders you may still be in a different position legally. Your response. Well, what youre saying is injunction was not lifted it remains in effect and that injunction applied only to the attorney general of the state, no the to the Probate Courts of alabama. Indeed thats the difficulty in this camp by the federal court to control the state of alabama and its federal intrusion into state sovereignty. Even she admitted after that fact that she had no right, no power, no authority to intrude into the Probate Court of Mobile County and Probate Court judge john davis. She did not have to because the District Court by ordering the attorney general to effectuate the marriages was reaching out to the top Law Enforcement official. I would offer that you are drawing a distinction without a difference your honor, because probate judges are function air ris. It is not necessary to reach out to them. It is necessary to reach out to the top Law Enforcement officer and thats what was done by the District Court. Thats incorrect, sir. You want to get deep into the doctrine of the young doctrine in 1908 and that attorney general did not have the function of the Probate Courts. In fact he stated that very clearly in his affidavits. That power over the Probate Courts is under the administrative direction of the chief justice of the Supreme Court and thats myself. In all of these cases it has been the attorney general, thats why the order is usually directed to them. I understand what youre trying to do here youre trying to defeat the federal law. The question is why . No im not trying to defeat the federal law. There is no federal law and thats the point. No judge in the United States or federal District Court has the right to invent the definition of marriage which is not even contained in the United States constitution and thats the problem. We have people going in trying to mandate to the state of alabama that the sanctity of marriage amendment in our constitution is wrong, and thats simply not right to do. Well it certainly is right. Thats how this works, right, is that the federal law says that a state law is discriminatory and they change it. And certainly the distinction youre trying to draw with the District Court, you dont have an independent case in front of you, your honor, about your own marriage law. This is about gay marriage in general and the equality in general and thats why the District Court is able to say it. Again, youre right. We shouldnt get into the thickets. I would suggest Something Else looking at your letter that you wrote to the governor of alabama. For you, marriage is about the Divine Institution. Its as true as your words and as the pin on your lapel. You want to say that god says marriage is a certain thing and you dont want to hear anything else about what a definition of marriage could be. Is that a fair suggestion . No thats not a fair suggestion. I go by the law. Of course i believe marriage is defined by god, but so does the United States Supreme Court. In the case of murphy versus ramsey they said that marriage and family are the basis from the holy union of one man and one woman in the state of mat triy money any. That was clearly the United States opinion and its been in state courts across this country and especially in alabama weve recognized it as a Divine Institution in our law. Naturally it existed hundreds even thousands of years before the United States even came into existence. Right. But we are a nation of laws and not just gods law, and what your state did in 2006 was what many did, which was you tried to define marriage to exclude, and what happened in u. S. V windsor the case that is on everybodys lips now because it changed it is that those laws that define marriage as only between a man and a woman are unfair and fail the test of equal protection. You know that. You know that when they meet this spring many people believe the Supreme Court will affirm this and say that state laws and constitutional provisions like your own are unfair. The question is why wont you accept that definition of marriage . First, when the Supreme Court meets i believe states rights is going to be a big part of this. I dont believe they have the right to push upon the state a definition which this state does not recognize, indeed which the United States constitution does not recognize. In fact in london versus virginia in 1967 when they declared interracial marriages could not be prohibited correctly so they referenced marriage as the right of free men and women to enter into pursuit of happiness. They quoted basically out of the declaration of independence which said that god gave us these rights we hold these truths to be selfevident that all men are created equal and endo youed by their creator that among these are life liberty and the pursuit of happiness. Theyre unalienable because they cant be taken away. Of course they can, your honor. Thats what happens. It used to be legal to have slaves. Your state had a lot of laws on the books like other states where times changed and those laws had to change and this is another example of that. Slavery was wrong and in 1857 when the Supreme Court of the United States declared in dred scott that black people could be property one justice dissented. He said when a strict interpretation of the constitution according to fixed rules which govern the interpretation of laws is abandoned, the theoretical opinions of individuals allow to control its meaning. We have no longer a constitution. Were under a government of individual men who for the time being have the power to declare what the constitution is according to their own views of what they think it ought to mean. Those words by Benjamin Curtis are exactly whats going on in the United States Supreme Court and the federal courts of this state of this nation today. And just as they were the United States Supreme Court hadnt ruled on this issue. They will. They had ruled on what the substance of it is. Youve had a federal court tell you to marry people and youre not. I would suggest that based on what were hearing right now, your refusal goes to what you believe marriage is about and not just to the law. No. Because just because no. But heres the thing. Heres why im saying it your honor. Obviously its for you to answer for yourself. The definition of marriage was agreed 8119 in your state in the passing of the constitutional amendment. Times have changed, as they did with slavery, and the population no longer feels the same way. And even if your state people no longer feel the same way. You are clinging to a definition that you believe is divine. You said it in your letter to the governor. No. You know that divine basis youre incorrect. Im reading it. Youre incorrect. Im reading it right here. Youre incorrect. How so . Do you want to hear my answer or do you want to keep talking . Yes, sir. Please. Im done talking. Okay. 81 as recently as 2006 said it was the definition. They havent changed their opinion. The only thing thats changed is one federal judge has come in and tried to force upon this state something which you cannot do. Her opinion is not law and that should be made very clear. The law according to the United States Supreme Court and the federal District Courts is an opinion of a federal judge cannot cannot mandate to state courts how they should judge under the law. Thats the law in every state. Its the law in the United States. Its happened many times. They said that in 1996. The Supreme Court had an opportunity to stay this District Courts opinion, which they very well could have done and they did not, reinforcing the effect of that. Staying opinions staying a temporary injunction which applied only to the attorney general is not a ruling on the law, sir. Very clearly. Your honor look your honor, what this comes down to is you didnt have to do this. Youve created a basis to do it you didnt have to do it. I had to do it. You had to do it because it matters to you personally. This is just like the ten commandment situation. You were told by the federal courts remove the Ten Commandments from the Public Square. You didnt want to. And you wound up losing your job because of it but on principle you felt you did the right thing, isnt that true . On principle i did the right thing but its not about the Ten Commandments and its not about my feelings its about the law and my law, the alabama law you said that as well then. I said the chief Administrative Officer of the judicial system and i must act when the jurisdiction of the Probate Courts is interfered with by one lone judge who has no power or authority to tell them how to interpret the federal constitution. Under the supremacy clause its quite clear that the judges in every state shall be bound thereby. It states that basically state judges have the authority do have the authority to interpret the United States constitution. In arizona case out of the United States Supreme Court they said that very specifically. They said we not only are not free we are bound to interpret the United States constitution. This is exactly how the discrimination got removed in states like yours. District courts putting through rulings that the states then had to nobodys arguing about racial discrimination. Its about discrimination. Its about sexual its about sexual preference. Its about discrimination. Overcoming an institution which has existed in our state, in our United States for centuries. And i think its wrong. But its about discrimination. In 2006 you created a constitutional amendment that by design discriminated against gay people and now you are being told by the federal law that is wrong. Again again again, that is a constitutional amendment, the alabama constitution and its clearly within the bounds of state law and federal law. Again, there is nothing in the constitution about marriage. How can judges go in and define a word . Theyre doing exactly what they did in 1857 they just did it in u. S. V windsor. They just looked at the defense of marriage act and said you cannot define marriage as between a man and woman. That was between congress and it did not affect the state according to the ruling in windsor. You cant say the court hasnt spoken about t. It was the exact same issue. It wasnt a state law. Thats why were having the next case in june again, saying the court i can say the court spoke about it because they said this does not apply to the state, it applies to the federal law passed by congress. Thats right, because of the specific issue before them and now theyre meeting again in june and if june comes and they hold the same way, then what will you do . Then i will do what the court should or what the court should have done under dred scott. If its an unlawful mandate, you dont have to recognize it. You can recuse from the case. You can dissent. You can dissent to the United States Supreme Court just like you can dissent to anything else. If the Supreme Court causes it to be stare decisis, we both know what that means, the case is decided the law is you cannot discriminate against people on the basis of their Sexual Orientation and marriage you will have to follow it will you . Chris, let me ask you something let me ask you this chris. Yes, sir. Would you follow the would you have followed the order in dred scott saying that black people were property or would you have followed the order in plessy versus ferguson that says separate but equal was the policy of the United States . Can you answer that please . Your job as chief justice is to administer the law. You didnt answer it chris. I am not the chief justice of alabama. Its not my place to answer. Im asking you if you were the chief justice of alabama, would you follow plessy versus ferguson and dred scott when they were issued. Yes or no . You follow the law of the land. Thats what our nation is based on. You cant answer it chris, can you. Heres why. You cannot duck your responsibilities by putting them on me your honor. They didnt elect me to be chief justice. Im not ducking my responsibilities. I will follow the law, sir. So youll allow gay marriage when it goes forward if it happens in june . I said i will follow the law as i interpret it. That will be the law by any definition. If i cant follow what the Supreme Court says ill recuse from the case but im telling you that you cant answer the question because you cant admit yourself that plessy versus ferguson separate but equal and dred scott were wrong decisions and should not have been followed by the lower courts under the United States Supreme Court because they were against the constitution. You were trying to impose a false standard for people and you know the law doesnt work that way. We dont always like it. You take the right routes to appeal. You did the same thing with the Ten Commandments. The law was clear. They werent supposed to be in the Public Square and you went against it anyway. What did i just say that was untrue . United states Supreme Court is the final arbiter of this decision. Yes. They have not made their decision. What youre trying to do is ask me what i would do when they make a decision. Yes. Im telling you they should not make a wrong decision because it would be a wrong Decision Just like dred scott, just like plessy versus ferguson and its clear those were wrong decisions in the United States Supreme Court and if you were a justice or a judge in a court after that you probably would have followed the wrong decision of the you states Supreme Court. So you think gay marriage is wrong, right . Just say it . I think gay marriage is an alteration of the definition of marriage and the United States Supreme Court does not have the authority or the federal courts do not have the authority to interpret a word that disputes the constitution. The tenth amendment is very clear. The powers not delegated to the United States by the constitution nor prohibited by it to the states or reserved to the states respectively. Is equal protection a matter for the Supreme Court. This is reserved for the states . Is equal protection a matter for the court. The answer is yes. Everybody has a right everybody has a right to equal protection. Yes. And so does an equal application of the law. Every person in this country and in this state has a right to marry a person of the opposite sex according to the and why not same sex. Thats clearly within the bounds of a reckoning of equal protection. Why not do that . Thats not in historical definition of marriage never has been. Its going to be created if it is created, which i do not believe it should be or would be. You dont believe that as a matter of personal opinion, right . But times change definitions change. Right. We didnt believe blacks were equal to whites. That changed. I believe thats a matter of law because our rights contained in the bill of rights do not come from the constitution they come from god. Its clearly stated our laws do not come from god, your honor, you know that. They come from man. Let me ask you one question. Let me ask you one question chris. Is the declaration of independence law . You would call it organic law as a basis for future laws off of it . I would call it the organic law because the United States code calls it organic law. It is organic law because the law of this country calls it the organic law of the country means where our rights come from. And if they come from there, men cant take our rights do not come from god. Thats your faith. Thats my faith, but not our country. Our laws come from the collective agreement and compromise. Its not a matter of faith, sir, its a matter of organic faiths. We hold these truths to be selfevident that all men are held equal and endowed by their creator. The only role of government is stated in the next sentence is to secure those rights for us. The government starts taking those rights away from us then its not securing and it is defiling the whole purpose of government. Understood. Heres the thing. Yes, youre right with your principle of where you want to extend government and not, but its about this case. Its about this set of equal protection issues and you dont even have a rational basis for why marriage should only be between a man and a woman. You need to have a rational basis. Its about this case youre right. In this case the federal District Court cannot be extended to the state courts because its an opinion on her law. The Supreme Court disagrees with you. If it was a law the United States Supreme Court wouldnt be meeting, would they . Its her opinion. The Supreme Court its her opinion. Because it told you to follow it. The Supreme Court the Supreme Court addressed an injunction that applied to the attorney general of the state of alabama, not to my opinion and not to the law. Legal scholars say the that thats a distinction without a difference. They say that the attorney general is good enough. You work for him. I think that distinction is the complete difference. I think that distinction is the complete difference. Her opinion is not a law. But they are functionaries. You know why theyre just function air ris here. They dont have to be addressed. No theyre function air ris sworn to the United States constitution and the constitution of alabama as allstate officials are under the supremacy clause. You dont feel that you are sacrificing not about feeling. Well, its obviously about feeling. Your letter is about feeling. Youre citing that marriage is about a Divine Institution. You are putting god before the laws of man. Im not putting god before the laws of man. Its about your arguments of faith. Let me just make the point and then you can take it anywhere you want. Okay. When you take the rules of your religion and you put them on everybody else that is not what we do in this country. Your definition of marriage is based on your faith. Youve said it a hundred times that it is derived from god. That is not how it works here and you know that. Equal protection applies to all by compromise and you would need to even have a rational basis for why it can only be between a man and a woman and all you can say is because god says so. Its always been that way. Thats not enough. Ive never are you going to let me answer . Absolutely sir. Please do. Okay. Ive never said thats about my faith and its about my religion. It is not as a matter of fact. Its about the organic law of our country which states very clearly that our rights are pursuit of happiness quoted in loving versus virginia come from god. Now god gave us that definition and that definition has remained in america for many many centuries till for two centuries and even before that till just recently. Now im just simply saying the people of alabama have a right to put in their constitution thats right. That marriage is between a man and a woman. That doesnt dispute anything. It certainly does. It certainly does. It already has. It certainly does. The question before the court the question before the court is whether that definition is constitutional. Thats to be taken up by the Supreme Court in april. So well wait and see what they say. Youve already had the federal court speak on this many different venues. Theyre going to do it again in june. Youve said the federal courts have intruded the federal courts have intruded their power into state sovereignty in over 21 states in the recent two years. Thats wrong. Well thats wrong then and its wrong now. In your opinion, but the Supreme Court has said otherwise. If it says so in june you still say you wouldnt follow it. I dont know how you can be the chief justice of a court and not follow the law of the land. Thats all. Chris, the Supreme Court is taking up this issue because courts of appeals across this country differ on that issue. Absolutely. Thats why theyre taking it up is because United States court of appeals differ on those issues. And thats why theyre taking it up. But state by he state you cant say its the law. State by state theyre all going the same way. You cant say the law you cant say what the law is with the United States courts of appeals differ on this very issue. You cant say that even if the Supreme Court rules against your personal position you wont follow it because it offends your faith. You cant do that as chief justice. I said i would not i would not oppose the law except with an opinion or a dissent. Thats what i said. No, i asked you would you follow it. I would not recognize the law. I asked you if you would follow it and you went into a word salad about whether i would follow it. Plessy versus ferguson. I am not the chief justice. Well you cant answer the question either. You answer it first. Will you follow it if they decide in june that gay marriage is equal protection. I will recognize i will recognize the United States Supreme Court opinion is binding over the state courts. Me personally i will make that decision when it comes, sir. You will make that decision when it comes . Thats thats all you can do. Now you answer my question. You answer my question. My answer is this is that would you have obeyed plessy versus ferguson and dred scott . The job of being a jurist is to follow the law. Answer the question. Yes, you would have had to because it would have been the law at the time. You would have dissented, you could have quit. Thats exactly you would have had to accept the law what it was at that time. Thats how it works. Thats exactly what thats exactly what Benjamin Curtis did. He dissented and thats but youre not a Supreme Court justice. You are not on that court. You are being told what to do. Im a Supreme Court justice of the state of alabama. But not of the United States and thats who decides. Im not of the United States i recognize that chris. Thats kind of obvious. Well listen im not trying to be disrespectful, your honor, but im not being disrespectful at all, chris. Im just asking you to answer a question. I think youve now answered it that you would have followed the fact that they said black people were property and you would have obeyed that law. I would have bound to. You also said you would have followed plessy versus ferguson which said separate but equal was a proper policy and you would have obeyed that law. I would be bound to. You wouldnt have dissented. I would have bon bound to. Would you have have dissented. Thats what i will do. Because thats not where yours is. Thats what i would have done. Thats what i would have done chris. I would have followed i would not dissent against this one because i understand the law thats an opinion. Its not evolution. Law does not evolve its made by congress and made by the state legislatures and its made by constitutional amendments, not by federal court judges who make the ruling. I understand your honor. Thank you for coming on and discussing it with us on new day. Well come back to you in the future. Appreciate it. Literally this satellite window went down thats why we lost chief Justice Moore there. We appreciate him for coming on. Alisyn and michaela its a tough debate to have. Hes a supreme jurist for that state elected but it shows this issue is far from resolved. Absolutely. Fascinating conversation. As you mention, theres a lot of news to get to. Well do that. Well hand it over to Carol Costello in newsroom. Have a great day. Newsroom starts now. And good morning. Im carol cost