mississippi river are in trouble with floodwaters. crews have been able to contain the dikes but more rain is on the way. two more people are in trouble in china with the total number of deaths at 20 because of bird influence. the justice department preparing to file charges again the only surviving suspect in the boston marathon terror attack. that sets the stage for a major legal battle as a group of republican lawmakers are urging he be treated as an enemy come budgetant and not a common criminal. national security correspondent jennifer griffin is live in washington. jennifer, who wants hip designated enemy combatant? senators john mccain and congressman peter king and lindsay graham. are there other conspirators? where do they get rod radical