Transcripts For CNNW New Day 20150514 : comparemela.com

>> clearly it was reckless. >> nutter responding to speculation that the engineer might have been speeding to make up for lost time. >> i'm sure they would not have minded being another 20 25 30 minutes late as opposed to dying unnecessarily in a train wreck. >> you're not going to hear the ntsb making comments like that. >> still conducting their preliminary investigation the ntsb's taking issue with the mayor's comments calling them inflammatory. but they do agree bostian hit the emergency brakes too late. >> in the next three seconds, three or four seconds, the speed of the train had only decreased to 102. >> this surveillance footage along with the initial examination of the data reveal the train was traveling at 106 miles an hour twice the appropriate speed entering the sharp turn. >> he was already in the curve at that point. you're supposed to enter the curve at 50 miles an hour. >> bostian spoke to philadelphia police the night of the crash. and according to a law enforcement source told them he couldn't recall his speed. his lawyer says he doesn't even remember the crash itself. >> he remembers going through that area generally. has absolutely no recollection of the incident or anything unusual. >> police now in the process of obtaining a search warrant of the engineer's phone records to determine if he was distracted during the time of the crash. lawmakers and critics also saying even if human error is the cause, this crash raises issues about safety systems that still are not in place. and could have saved lives. who made this happen and why did it happen at all? let's get deeper into these questions in the terms of what we do and do not know. we have cnn's transportation and government regulation correspondent rene marsh. those are the two big questions investigatively this morning. what do we know on them? >> well you mentioned this, chris. we know that investigators are itching to ask this engineer even more questions beyond that initial comment that he made that he didn't recall his speed. investigators haven't been able to get anything else from him. he is now lawyered up. but we do know that the engineer his name is brandon bostian. he's 32 years old. he's from new york. we know that he has been an amtrak engineer since 2010. and before that he was an amtrak conductor. but not only officials here in philadelphia wants to speak to him, but the ntsb wants to speak to him as well as they piece together what happened in the minutes and seconds before this train derails. these are the tracks we're talking about. this is where it all happened. we know from the ntsb that this particular stretch of track where this derailment happened was not equipped with an automated speed control system which is commonly known as positive train control. we know there are other sections of the northeast corridor that does have this technology. but this specific section did not. and the ntsb firmly believes that had this technology been in place it could have essentially prevented this sort of thing from happening. what is positive train control? in simple terms if a train is going too fast this technology has the ability to slow the train down. and ntsb thinks that would have made all the difference here chris. >> right. and the simple reality is it could have made a difference and it matters why it wasn't there. we're going to get into that. rene i'll check back with you. thank you very much. let's bring in robert of the ntsb. he's heading up the investigation. thank you for joining us. we know you're very busy. deal with things in terms of urgency, the people unaccounted for, that frightens people and thinks there may be still something going on at the scene. that's not the reality. how do you see the situation? >> well certainly some people just get off the train, they might get a ride home they're not injured, they're shaken up but not going to the hospital and they've not reported in. so this is something that the philadelphia office of emergency management is dealing with. and we hope and pray that everyone has been accounted for at this point. >> and it's about logistics, it's not about the reality of what remains at this scene, correct? >> that's correct. it's not like an airline where we have assigned seats and -- >> people got on 30th street station, not everybody shows up train is different than plane when it comes to that kind of accountability. good to have that straight. now, in terms of why this happened. everybody is playing with this idea of speed. can you confirm that that is a priority in terms of understanding why this happened at this point? >> it is certainly something that we're very interested in. this train was doing over double the maximum authorized speed for this area. so that is something that we're very interested in trying to understand. why was the train going that fast? >> and the ntsb often makes the point in these situations that common sense isn't enough. that well he must have done it end of story. you're looking at a lot of different factors that could play into what anybody in control was doing like what? >> absolutely. we really take a wholistic approach to this accident investigation. certainly we would like to interview the engineer and find out what his perspective was. we want to know the mechanical condition of the train. we want to look at the signal system and the tracks to look at everything that could have led to the occurrence. >> it could be equipment, it could be just him, it could be a combination and you want to be accurate because it's about what you recommend going forward. we're going to get to that. his saying through his lawyer he doesn't remember what happened that smacks familiar. that's what we heard in that situation up in the bronx in new york. the engineer there said i don't remember what happened. people thought he was just covering for himself but later on wasn't it discovered he may have had a nonrecognized form of narc lep si? >> in that particular case you're right. it was a sleep disorder that -- obstructive sleep apnea. but you're right. it's not uncommon when somebody's been through a traumatic event such as this one here that they don't remember things leading up to the accident. >> so you're not necessarily suspicious because the engineer said that at this point? >> no we have not personally interviewed the engineer ourselves and we hope to have that opportunity very soon. >> toxicology is not your bailiwick in this right? that's up to amtrak to do that? >> yes, amtrak is required to do that by federal law. >> and he doesn't have to give them the information and he doesn't have to talk to any of you. he could retain his right not to participate in this and if anything happens it happens. >> absolutely. but in most transportation accidents people will talk to the ntsb because we're interested in nothing more than improving the safety of our transportation system. >> all right. now the big question. i know politicians are fighting over how much money to give to amtrak and that it's wasteful spending. i know that debate's going on. but that is coloring people's perception of the reality of what might have made a difference here. in your opinion as someone who's heading up the investigation, did this have to happen the way it happened? >> well we have at the ntsb have long advocated and called for positive train control. and positive train control, which is required by law to be implemented by the end of this year positive train control is designed to prevent the very type of an accident that we're dealing with here. >> people will push back and say, no it's his fault, he did it that's the answer. forget about infrastructure. i don't want to hear it. what's your response? >> the fact is humans make mistakes. we've seen that over the years. so we need a system that will provide redundancy so that when that error does occur the positive train control will kick in and say i'm not going to let you make that mistake to hurt us all. that's what ptc does. >> now, if it sounds like i'm leading the interviewee here it's because i am. it's because we keep hearing about this situation and it gets ignored because the politics involved. that's my suggestion. just to be clear, if he's going too fast if he's negligent, whatever the findings are, let's assume the worst. that still doesn't have to mean necessarily that these people would have died that this would have been hurt because the tracks themselves could have made a difference the software the controls on the tracks. explain that to me. >> you're certainly not leading me on this because positive train control is something that the ntsb has long recognized will save lives. so we've long called for it. >> why hasn't it been done as far as you know? >> well i think that would best be explained by the railroads and the federal railroad administration. >> it certainly hasn't been done and is supposed to be done by the end of this year. they really should have been here already this system in place, yes? >> well not required until the end of the year. in fact most of the tracks up in this part of the country, the northeast sector are covered by some version of positive train control. for some reason this particular area has not been installed. >> and it matters even if you find that specifically in this case this is about human error, it's about speed, even if i know those are assumptions and you don't want to get ahead of it but assuming that there's still a big part of this story that needs to be told about the infrastructure and how to keep people safe on the rails s that fair? >> absolutely. positive train control will save lives. >> mr. sumwalt, i know you have a long day ahead of you. thank you for checking in with us. >> thank you, chris. the reason we're pushing this issue about what we could have done and what we should do to make this less likely is because of the human cost. it's not about just money and politics. it's about people who lost their lives. their families who will never get back these seven people. there are hundreds who were injured. so now who are those people? five of the seven have been identified. eight more people are still in critical condition. we know that hundreds have been hurt by this. so that's an important part of what drives the interest here. cnn's outside temple university medical center in philadelphia checking in on the latest conditions of people and what we know about who was hurt and why. sumlet. >> well chris, there are still an untold number of people still unaccounted for. and according to the philadelphia inquirer they are reporting this morning as many as 12 people may still be missing. among them we know is robert gildersleve. but we are starting to know more about those seven killed five of which have been identified. among them is 39-year-old rachel jacobs she is a mother of two from new york city and was also a chief executive of a small tech company. also justin zemser, a 20-year-old midshipman a sophomore at the u.s. naval academy and he was on his way home to new york. we're outside temple hospital where over 20 people remain hospitalized eight still in critical condition. according to the medical chief there are three major surgeries scheduled for later today. chris. >> all right. so we're tracking those who were lost those who are still being treated and of course we're going to have just all of the implications for people who are on that train and are still dealing with it today. now, of course what happened here in philadelphia is going to make a big difference on the nation's busiest railroad. it's called the northeast corridor it goes between new york and philadelphia and service is obviously interrupted because tracks are twisted into ribbons. we have cnn's brian -- at penn station with that part of the story for us. brian. >> chris, the announcement inside is service remains suspended indefinitely the words they're using are until further notice. right now some trains are moving north of new york here and south of philadelphia where you are but it's as if there's been a giant hole punched in the middle of the corridor, the rail line where the nation's business gets done. it's the kind of train where politicians and executives were all riding together. one time i was on the plane i heard them talking about an upcoming merger. look at the data you can see by the numbers how important this rail line is. more than 750,000 passengers per day. by one estimate this is a hit to the economy of about $100 million per day when rail service is suspended. to put it in perspective we're talking about a rail line that is more than four times more popular popular, more commonly used than the next biggest rail line in the united states. that just goes to show for americans watching elsewhere in the country who don't really rely on the rails goes to show how important it is between boston new york philadelphia and washington. and, chris, this is all just a reminder among other things a reminder that there is no real backup. some people are taking buses, some are taking planes some flights have been added between new york and washington for example. but there is no rail backup. there is no extra line for these trains to be running. mayor nutter said yesterday he believes there will be no service through philadelphia through the end of the week. >> all right, brian, thank you for that strong point. there is no backup. that's true. that's why we're going to monitor it throughout the week until it changes for the better. and it's important to repeat alisyn investigators tell us they are riding the trains they are controlling the scene there. no one has been found at the scene. that's not why people are unaccounted for. that's important for people to know. >> thank you for that chris. we'll get back to you momentarily. but we do have some breaking international news overnight to tell you about. at least 67 people killed in a factory fire in the northern philippines. recovery operations ongoing at this hour at the shoe factory just north of manila. it's believed sparks from welding work ignited the fire when they hit some chemicals sending thick smoke into the air. five people were pulled alive from that burning factory. still, no sign of u.s. military chopper that went down -- or missing rather in nepal. we don't know if it's gone down. six u.s. marines and two service members from nepal were onboard. the crew was helping with earthquake relief efforts tuesday night when radio contact was lost. want to bring in will ripley live from katmandu on the latest for the search. >> reporter: michaela this is where search helicopters from three countries are taking off and landing. the united states india and nepal all involved here with the americans leading the effort. you can take a look at the new video this morning showing the u.s. marine ospreys heading to the search area. they divided the area in three sectors. there are also 400 nepali troops sifting through rough terrain and will continue the ground search as the visual continues to come up empty with just a few more hours of daylight left here in nepal. i want to show you a map of the two earthquakes that struck this country. a major 7.3 earthquake this week. and of course that 7.8 that was on april 25th. the search efforts are focusing on the eastern location. one quake happened in the east of katmandu the other happened to the west. search crews right now are in the east. if you look at the numbers they are staggering thinking about the death toll 8,250 people confirmed dead. 2,427 injured. and of course tens of thousands of people remain homeless right now because of the extensive damage from both of those large earthquakes and all of the aftershocks. and there are also concerns this morning, alisyn that bureaucracy is preventing aid from getting to people as quickly as they need it. a lot of people who don't have what they need alisyn. >> oh my goodness. let's hope they can clear up all the red tape and everything is an impediment there. will thank you so much for that. meanwhile, one of the secret service agents accused of driving drunk through an active bomb investigation at the white house back in march now plans to retire. a law enforcement source telling cnn that marc conley who was the second ranking agent on president obama's detail is leaving. the news coming ahead of today's release of that report that found conley and george ogelvie were more likely than not -- >> was there a wells report on this drinking incident with the secret service? more likely than not? >> the vagueness we've heard this week. >> i thought you could be pretty sure those breathalyzer tests are pretty exact, are they not? >> yes, but they didn't take one in the field. >> there is that. stay with cnn for continuing coverage of the deadly amtrak derailment in philadelphia. also did jeb bush just let the cat out of the bag? that slip of the tongue that has everybody talking. we're going to play his words and let you decide what you think. in this moment your baby is getting more than clean. your touch stimulates her senses and nurtures her mind. and the johnson's® scent lather and bubbles help enhance the experience. so why just clean your baby when you can give her so much more™? it's time to bid farewell... to this booking incredible island resort. and it's incredible island staff. (father:) i can't imagine life without them. this is not goodbye. ♪ yes, it is. ♪ (father:) no, it isn't... ♪ ok, i guess it's not. ♪ you got it booking right. booking.com booking.yeah he says she's an undisciplined overwaterer. she claims he's a cruel underwaterer. with miracle-gro moisture control potting mix, plants only get water when they need it. fight ended. or shifted? miracle-gro. life starts here. that detergent was like half the price! and we'll have to use like double! maybe more! i'm going back to the store? yes you are. dish issues? get cascade complete. one pac cleans tough food better than 6 pacs of the bargain brand combined. cascade. now that's clean. i'm running for president in 2016 and the focus is going to be about how we if i run, how do you create high sustained economic growth. >> oops. did jeb bush just accidentally announce that he's running for president? and that's just the latest verbal stumble for the likely gop candidate. let's talk about all this with cnn political analyst and editor of the daily beast john avlon and cnn commentator margaret hoover. good to see you. why doesn't jeb bush end the silly game and announce he's running? >> this is one of those things to every voters authenticity and what they want is authenticity. the problem is in jeb bush's defense real legal reasons he doesn't say he's running for president yet. as soon as he says he's running for president, suddenly what he can raise from funders is half as much as if he's running a political action committee and he can build out the entire campaign apparatus, have the policy shop have the staff for $5,000 from every individual instead of $2,700. >> any way he can somehow say that instead of leaving that sort of floating out there like a foul smell. >> technically not inauthentic. this is what they have to do because of our campaign finance laws. >> but the problem is the money and our politics make people act awkward, dumb and puts the process and the donors ahead of ideas and democracy. >> well i mean -- >> i don't think so. what happens is a lot of these candidates are already senate candidates they're able to have a policy shop and all this stuff because they're using their staff from the senate campaign or from their gubernatorial staff and they're volunteering. jeb doesn't have that advantage. he hasn't been in office for ten years. so he has to build that -- >> but i actually think that makes sense. you've clarified it better than she certainly has. that makes sense. there are protocol reasons why it has to happen in a certain way. let's talk about his other stumble this week and that is -- i mean this question of whether he would have done -- gone into iraq the same way that his brother did continues to hound him in part because he seems to be casting a bout for a response. watch his evolution of answers throughout the week on this. >> i would have. and so would have hillary clinton, just to remind everybody. and so would have almost everybody that was confronted with the intelligence they got. >> i don't know what that decision would have been. that's a hypothetical but the simple fact is mistakes were made. given the power of looking back and having that of course anybody would have made different decisions. >> margaret i heard your deep sigh during that. how is there a possibility that somebody with that last name would not have sat down with his group of advisers and consultants and come out with a game plan? because they knew the question was coming. >> michaela he didn't even have to sit down with his advisers. he could have just picked up his brother's memoir and read what george w. bush says about the iraq war. george w. bush in decision point says it makes me sick every time i think about the fact that i falsely -- that we went to war on a false premise. i mean he doesn't have to throw his brother under the bus. his brother has taken responsibility for going to war when there were no weapons of mass destruction. so what it shows is somebody who is either a, fundamentally uncomfortable with foreign policy and doesn't know how to navigate it b, maybe has a complicated relationship with his brother and doesn't quite understand how to navigate the fact -- but also here's the worst point. when you're a bush and you're the third person from your family running for president, there are many advantages that come with it but there are a lot of disadvantages. >> so get out in front of it. >> it cuts both ways. you have to do the thinking on the front end. >> john why didn't he practice that response? >> yeah world's most anticipatable question total face plant and the agony of seeing him navigate it has been distracting. clearly the first was rehearsed, hillary clinton would have supported based on the time -- but the inability to move around it for fear to criticize his brother shows a lack of perspective and fall through. he has his own political team distinct from his brothers. remember his brother's foreign policy was actually in some ways a repudiation of his father's. the fact we're all talking about this interfamilial policy is creepy in itself. >> isn't he using the same advisers george w. bush used? >> well yes, he had a rollout where he had 20 new advisers and about 19 or 18 of them were from the george w. bush administration. however, they were -- they are very titular in title. i don't think he's calling um james baker every day or calling up george schultz. >> but given the baggage of george w. bush's foreign policy why use the same people? >> it's a great question. everybody questioned at the rollout. >> i want to pivot quickly if we can to martin o'malley. we understand he's set to make an announcement on may 30th. cnn has learned that. an aid says he is "inclined to run." couple of questions here given the temperature in america right now and given that many people think that the former governor of maryland the former mayor of baltimore, given what's going on in baltimore, is it wise? is it prudent of him? is it a lack of judgment for him to decide to run now? and also to announce that possibility in baltimore? >> no. i think you've got to own who you are and your experience. i think the real question will be how does he actually turn his experience into a national campaign asset? how does he define his campaign in contrast to hillary clinton's? it's very unusual to have a mayor. and he was a successful mayor, run for president. but he's got to own that experience. and then own the recent history in baltimore to make a national point that makes him relevant. right now he's been kicking around iowa but hasn't been gaining real traction. >> he's also had -- talk about a faceplant. here's a guy who was the mayor of baltimore. by many people in baltimore blamed for a lot of the policys that have led to this place. he had an opportunity. he was in europe when baltimore was on fire. came back had an opportunity to really make it a campaign backdrop and try to play real positively and it actually landed on his face. they thought he was post churing. i think to change that narrative will be a challenge for him. >> we'll see how he handles that. thank you guys. let's go back to our breaking news coverage with chris cuomo who is there for us in philadelphia. >> all right. good morning to you. we do have new information. and we do have big questions. people are talking about whether or not this needed to happen here. why don't we have the safety systems in place that so many other countries do? some politicians say about money. is that really the issue? or is this about management? we're going to take it on when we come back. why do we do it? why do we 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 it's everything to us. the xc60 crossover. from volvo. lease the well equiped volvo xc60 today. visit your local volvo showroom for details. oh, i love game night. ooh, it's a house and a car! so far, you're horrible at this, flo. yeah, no talent for drawing, flo. house! car! oh, raise the roof! no one? remember when we used to raise the roof, diane? oh, quiet, richard i'm trying to make sense of flo's terrible drawing. i'll draw the pants off that thing. oh, oh, hats on hamburgers! dancing! drive-in movie theater! home and auto. lamp! squares. stupid, dumb. lines. [ alarm rings ] no! home and auto bundle from progressive. saves you money. yay, game night, so much fun. we are live in philadelphia. and we have breaking developments on the deadly crash of amtrak regional train 188. first, the engineer at the controls identified as 32-year-old brandon bostian of new york. he spoke only briefly with investigators saying he could not recall his speed at the time of the crash. his lawyer has now taken over the talking saying bostian doesn't remember the crash itself even though officials say he applied the emergency brake in the moments just before it. now, speed is certainly the key factor in the investigation. at this point the question is why was this train traveling 106 miles an hour before it derail derailed? that is twice the recommended speed for that curve. and then the human cost of this situation, seven dead 200 hurt. that total could climb as the investigation continues and questions about whether this should have happened at all. why don't we have safety systems in place to stop a crash like this? that is something that the ntsb is taking a look at as well as just this particular stretch of track where the train derailed. because it didn't have an automated speed control system. it's supposed to have one by the end of this year it could have had one years ago. and they say, the experts say, that that system would have prevented this crash even if human error is involved. and that takes us to the issue of infrastructure which needs funding but more importantly needs management. now, a committee in the house just voted to cut funding. what does that mean for amtrak? and why did it happen? we have a member of the appropriations committee who's fought to increase funding for amtrak. that's democratic senator from delaware senator chris kuns. senator, give us the state of play in congress right now on the issue of infrastructure for the rails. >> well chris, we're facing a very difficult budget year. the republican congress both house and senate has come to an agreement that will slash spending across the board for domestic programs in particular including infrastructure. and i'm a member of the senate appropriations subcommittee that's responsible for transportation. we are struggling to come up with a reauthorization in the senate and the house for infrastructure broadly and for rail in particular. one of our challenges is finding a way to pay for it. republicans and democrats agree that we have a significant backlog of underinvestment in our bridges and tunnels, our ports and our rail. where we disagree is how to close that gap, how to pay for it. i think it's striking that the house appropriations committee just yesterday cut $250 million from amtrak when they have had year over year improvements in ridership, in revenue in the northeast corridor and they are asking for and need significantly more not less money. >> all right. now, while we're talking, senator, we're going to show live aerials of the crash scene because it's still very active. we see the heavy equipment there they're using to right the cars. just to be clear the ntsb says they haven't found more people at the scene. that's not why people are unaccounted for. senator, you ride the rails, this is not just close to you politically but personally. and you understand the need. the question is what is the fix? now, politics is poisoning this discussion in my opinion and here's why, the left and right are fighting over money. so people don't want to deal with this on the right in terms of infrastructure because they only see it as a matter of money. they have a point on one level; amtrak gets a ton of money. you've dumped so much money into it and still haven't gotten the safety equipment you were supposed to get. that speaks to money maybe not being the answer. you keep saying you need more but maybe you just need to do better. >> well the federal government spends $1.4 billion a year on amtrak. and as i pointed out the northeast corridor, which is the busiest part of our nation's passenger rail system the one that spreads from washington to boston 750,000 people a day ride it. and it has had steady year over year improvements the last five years in a row in its revenue and its operations and its ridership. if we were investing anything like our competitors, we would have a modern national train system. the chinese spend 100 times more than we do on improving their national rail infrastructure. we have folks who call my office every day and complain about congestion on i-95 on the highways and the roads in delaware and our region. we had a vital bridge nearly fall down on i-495 last summer. it showed a dramatic listing and cracks. and as you may remember in the midwest i think in minneapolis just a number of years ago the i-35 bridge literally collapsed in the middle of rush hour. >> right. >> we have an aging infrastructure that we have to pay for. we have too many of these bills that are coming due, chris. and i do think amtrak despite this tragic accident has shown steady improvement year over year and is worthy of our invest investment investment. part of our challenge is the vast majority of the country doesn't have the kind of commuter rail and passenger rail infrastructure that we in the northeast and midatlantic enjoy. i ride amtrak every single day i work in washington. most days i travel down and back as i will today, from wilmington to washington. and there's whole cars full of people commuting from new york from philadelphia from wilmington from baltimore to washington to replace the amtrak rails with automobiles would require a new 14-lane highway. we should be making this investment chris. >> all right. but senator, the pushback is you are making the investment. and the words fraud, corruption waste and mismanagement come up when we discuss amtrak all the time with people on the left and the right. don't you think it's a mistake to ignore that component of this? it's not like you put no money into amtrak. yes, the u.s. gets outspent yes, there are good and bad reasons for that but you shouldn't overlook the management of the money that has gone into it. right now you know you're getting lobbied. you specifically in congress in general buy the big rail companies who don't want to implement the changes they're supposed to at the end of this year. and isn't it true that you're thinking of extending a timeline that there's no reason to. they should have done it and they haven't. where's the accountability? >> now we're talking about a distinguishable issue here. the northeast corridor versus the freight rail lines that crisscross the rest of the counted. and the significant investment that's required for positive train control, which is an expensive, necessary new system for train control both freight and passenger across the country. i just want to go back to a word you threw out, fraud and corruption that's not what i've heard about amtrak's operations in the last few years. i've been a senator five years. and as i've served on the appropriations committee the last two years, we haven't had hearings in which the idea somehow amtrak is a massive fraud and corruption has been incredibly advanced or proven. there are questions about the operations of rail and rail safety nationally. and that includes both freight and passenger. i do think -- i actually just asked this very question of the fcc chairman in a hearing earlier this week. there are some critical barriers to getting positive train control done that had to do with the deployment of new communication switches new systems, new towers new poles because it requires putting communications lines all along the rail lines across this country. i do think it's an investment we need to make. >> but senator -- i know but we are making investments. what i'm saying is don't make it just about the money. make it about how that money is spent also. and whether you've heard about it or not the idea of money being mismanaged often to the point of criminality is something that passes through our court system all the time involving the railways whether it's amtrak or someone else. i'm saying i get you about the problem. but in terms of fixing it don't you have to be open to the suggestion it's not just about how much but it's about how well that money is being used and making sure you're hard on the people who are supposed to do the right thing so we don't have a crash like this even if human error is involved because you could stop it through the right safety systems and infrastructure. >> of course. and, chris, the references to fraud and corruption there are commuter rail systems, municipal and regional systems across the country where there was the issue. those are not folks that come before me in congress. i have the opportunity to be questioned and engaged in -- for amtrak. i didn't want in the midst of this tragic situation i didn't want it to pass that there was an allegation that somehow this accident by amtrak was caused by those particular factors. of course i am concerned about how we spend our money nationally how federal funds are invested and whether or not they're being spent in the right way and whether they're being managed well. there are concerns and challenges about how commuter rail is managed. and commuter rail and amtrak and freight rail share the same rail system. but i'll remind you this morning as i go to washington i will go over bridges and through tunnels that are a century old. we have underinvested dramatically as a country how we spend those moneys absolutely we need to make sure it's being put out to bid, being managed appropriately, investments in projects are being run well. but part of what we see up and down the east coast is a creaky aging infrastructure and rise in ridership as our country continues to grow. >> understood. >> fraud and corruption in the commuter rail systems and move forward with the investments that would have prevented this tragic accident. >> understood senator. and thank you for trying to address the problem because as we just know and seven families know all too well there's a price to be paid if safety's not in place. thank you for joining us on "new day." alisyn back to you. okay chris, we are going to be talking about all of that throughout the program. and we're learning more this morning about the victims who died in that crash. we're going to talk to two of the best friends of the extraordinary midshipman who lost his life in that derailment. ♪ ♪ when you're living with diabetes steady is exciting. only glucerna has carbsteady clinically proven to help minimize blood sugar spikes. i'm a bull rider make it part of your daily diabetes plan. so you stay steady ahead. the volkswagen golf was just named motor trend's 2015 car of the year. so was the 100% electric e-golf. and the 45 highway mpg tdi clean diesel. and last but not least the high performance gti. looks like we're gonna need a bigger podium. the volkswagen golf family. motor trend's 2015 "cars" of the year. when broker chris hill stays at laquinta he fires up the free wifi with a network that's now up to 5 times faster than before! so he can rapidly prepare his presentation. and when he perfects his pitch, do you know what chris can do? and that is my recommendation. let's see if he's ready. he can swim with the sharks! he's ready. la quinta inns & suites take care of you, so you can take care of business. book your next stay at lq.com! la quinta! we live in a world of mobile technology, but it is not the device that is mobile, it is you. real madrid have about 450 million fans. we're trying to give them all the feeling of being at the stadium. the microsoft cloud gives us the scalability to communicate exactly the content that people want to see. it will help people connect to their passion of living real madrid. investigators are now looking into the role that speed played in the amtrak crash that killed seven people. authorities say the train was going twice as fast as it should have been when it derailed in philadelphia. the train's engineer brandon bostian, told the ntsb wednesday that he applied full emergency brakes moments before impact. his lawyer says -- has said since rather that he does not remember the crash. at least 14 people dead after the taliban attacked the park palace guest house in kabul. an afghan special forces member was wounded. one of three attackers also killed and at least 50 guests made it out alive. president obama at odds with his own party gets a reprieve on the centerpiece of his economic agenda. senate leaders reaching an agreement to revive a bill that gives the president fast track trade negotiation powers. senate democrats had blocked it tuesday. the president says fast track powers are needed to cement the transpacific partnership. a trade agreement with 11 other nations. the measure faces an even rockier path in the house. life in prison or death, that's the question facing jurors now deliberating the fate of convicted boston marathon bomber dzhokhar tsarnaev. in closing arguments wednesday prosecutors said tsarnaev had shown little remorse for his actions and deserves a death sentence. the defense said executing dzhokhar would not balance the scales of justice. we are on the eve of friday eve. it means we need to look at the weekend very seriously. meteorologist chad myers has a look at the forecast so we know what to wear because it's really about fashion choices. >> it is. i'm going to the preakness. >> jelly. >> she's green with envy look at her. >> head to toe. >> hey, good morning everybody. it is cold out. i hope you enjoyed summer saranac lake because right now you are down to 28 degrees out there. it is going to be a cool day across parts of the northeast. 38 in syracuse right now. 39 in albany. 37 in scranton. here you go look at that 36 syracuse 29 now saranac. you warmed up a degree. i hope you enjoyed summertime and your growing season. it's now over you have to replant everything out there. so yes, it will be a cool day across parts of the northeast today. warmer tomorrow and then even warmer on saturday. but storms come in late saturday afternoon. rain showers now into parts of oklahoma into parts of kansas as well. and this is going to be the story for parts of the day today. but more so tomorrow. there will be another severe weather event that starts in the plains for today, tomorrow and then finally into the weekend. yes, there's going to be rain in southern california. michaela there will be almost two inches of rain in san diego. i'm not sure that's happened like in our lifetime. >> i know. >> they need to change the song lyrics. >> they need it. they really need that water so we'll take it. >> absolutely. >> thanks so much chad. so back to our top story. we still do not know why but we know the amtrak train was traveling at twice the speed limit when it derailed. could technology have prevented that crash? we're going to take a closer look at that next. yoplait greek 100. the protein-packed need something filling, taste bud loving, deliciously fruity, grab-and-go, take on the world with 100 calories, snack. yoplait greek 100. there are hundreds of reasons to snack on it. ♪ if you're looking for a car that drives you... ...and takes the wheel right from your very hands... ...this isn't that car. the first and only car with direct adaptive steering. ♪ the 328 horsepower q50 from infiniti. [ female announcer ] traveling is stressful. but you can count on our 1,000 americas and canadas best value inns for room discounts, upgrades instant rewards, and a home town touch. good to have you back with us here on "new day." the amtrak train that derailed in philadelphia was going around curve at more than 100 miles per hour. that is double the limit in a curve. a top ntsb official says if certain technology had been installed the derailment might have been prevented. that technology is called positive train control. it can sense if an accident is about to happen. and it can slow or even stop a train completely. joining me here on our big map is richard beal he is a railroad operation and safety expert and a former locomotive engineer. really glad to have you here. your expertise is invaluable to us at a time like this. so the animation can show sort of what happened here in terms of the 30th street station, where the train left philly. we understand it left around 9:10 about 15 minutes later is when this crash occurred. we know the train was going 106 miles per hour in that curve. the speed limit ahead of it would have been 80. but in the curve it was 106. what on earth could have been going on here? you've been inside that cab of a locomotive. >> i have. and it's unfathomable at this point what's really going on. and i don't know. the engineer's not talking at this point. i understand he has given a statement. but, you know this is a normal route. this is an everyday event that he encounters just like you would -- >> not an unusual run for him. >> like you in your car. >> sure. is it possible that the speed can just get away from you? it does in a car you've done that driving your own car you realize you better back off i've been going too fast. is that the same type of effect that can happen in a locomotive. >> usually when that happens that's a few miles an hour over the speed limit, not 50 or more. >> if the train had been going normally we've been hearing a lot about this positive train control. let's say something had gone wrong. a heart attack of the engineer of the locomotive something else caused him to lose his ability to control the speed. would positive train control here make a difference? >> it would have made a difference. it would have slowed the train when it recognized that it wasn't braking for this curve. it would have been computed into the system so that any train traveling at any speed would recognize what speed it was going that it was too fast and it would have applied the brakes on the train. it would have made what we call a penalty brake application. >> and that would feel different to passenger sns or the same as the engineer slowing down? >> no they wouldn't have known anything was going on. they would have known a function of the train braking and they have no idea why. >> the reason i ask because one of the survivors i spoke to here in studio mentioned the fact the only thing she remembers recalling as they were going into the curve it felt as though the train sped up. what does that say to you? >> you know when something an event like that happens sometimes it plays tricks on people's mind. they may have thought it was speeding up but it could be the train was leaving the rail. >> okay. that's very interesting. okay. so if in the case there is a medical emergency in that cab, you're the engineer something happens. is there any backup? >> well there is. and if i'm running a train and i've come incapacitated or fall asleep. >> distracted medical emergency, any of those things. >> fall asleep anything. there's fail saves. we have alerters on these locomotives. first it will start out there will be like a light. and that light will start flashing and get faster. and then if you don't respond to the light in 15 or 20 seconds all the sudden you're going to start getting beeps or horns or sirens whatever the type of locomotive has. >> the idea is to take the distraction away and grab your attention. >> but the trouble with that is it does take its own time-out sequencing. the light, no response the horn the bells, whatever no response and then it would go to a penalty application on its own. but then you're traveling, what 150 feet a second at over 100 miles an hour. so it's just -- every second you know you got 150 feet clicking off. you're already into the curve. >> the graphic showed at the end of the crash, the aftermath of where the train cars ended up. what does that tell you the way some were -- that one train car was essentially disintegrated, very little of it left. some cars were flipped over some were on their sides, some were hanging precariously by an edge. what is the way they settled say to you? >> well, it was kind of like i saw the first night, it was dark but the next morning when i started seeing the daylight pictures it kind of confirmed what i was thinking. i was believing it was a speed event because the way the cars are literally hurled from the track. and most of them a lot of them ended up on their sides. and naturally -- what really probably happened here if they get down to brass tacks is this train is hitting this curve at such a speed with such inertia and that rail is up high and the weight of the train is now pushing the top of that rail. the rail's going to start leaning. once it's compromised, the locomotive's still peeling the rail as it goes around but the cars behind it start flowing. >> richard, we're going to have to have you back. you're a very fascinating man. we've learned a lot from you today. thank you so much for that. we have a lot of top news to get to. let's get to it right away. >> you're welcome. the passenger train has rolled over. >> i was thrown against the girl next to me against the window. >> the woman behind me lost some teeth. >> this train was going 106 miles an hour in a 50-mile-an-hour zone. >> the man at the center of this is that engineer. >> humans make mistakes. >> investigators haven't been able to get anything else from him. he is now lawyered up. >> across the nation we've got a huge infrastructure challenge. >> there are safety systems that could be in place that aren't. >> it's striking that the house appropriations committee just yesterday cut $250 million from amtrak. all right. you are watching "new day." alisyn and michaela are in new york. i'm live in philadelphia covering breaking developments in the amtrak crash. there are questions swirling this morning about why was this train going more than twice the speed it was supposed to in the moments just before the accident. the engineer is being targeted. his name is brandon bostian. he's now saying he can't remember what happened in this crash. his attorney says not only did he tell investigators he doesn't recall the speed he was going, but that now he doesn't remember what happened at all. even though investigators say he certainly is the one to have pulled the emergency brake in the moments right before. this matters because of what happened to those onboard. seven lost their lives. the number of injured could go up significantly because there are still those unaccounted for. we're told by investigators that's not because they are somehow buried in what you're looking at right now. the crash scene itself. but it's because it's difficult to account for what's going on. we have complete coverage of this story. here's what we know so far. >> no way in the world a regional train should be doing 106 on a curve. >> speed, excessive and deadly speed may be what catapulted hundreds of amtrak passengers sending seven train cars and the engine off their tracks tuesday night. >> we were all flung up against the window. >> there were people catapulted up into the luggage bins. >> i was hit by a flying seat. >> philadelphia mayor michael nutter blaming the engineer at the helm 32-year-old brandon bostian. >> clearly it was reckless. >> nutter responding to speculation that the engineer might have been speeding to make up for lost time. >> i'm sure they would not have minded being another 20 25 30 minutes late as opposed to dying unnecessarily in a train wreck. >> you're not going to hear the ntsb making comments like that. >> still conducting their preliminary investigation the ntsb's taking issue with the mayor's comments calling them inflammatory. but they do agree bostian hit the emergency brakes too late. >> in the next three seconds, three or four seconds, the speed of the train had only decreased to 102. >> this surveillance footage along with initial examination of the data reveal the train was traveling at 106 miles an hour twice the appropriate speed entering the sharp turn. >> he was already in the curve at that point. you're supposed to enter the curve at 50 miles an hour. >> bostian spoke to philadelphia police the night of the crash. and according to a law enforcement source told them he couldn't recall his speed. his lawyer says he doesn't even remember the crash itself. >> he remembers going through that area generally. has absolutely no recollection of the incident or anything unusual. >> police now in the process of obtaining a search warrant of the engineer's phone records to determine if he was distracted during the time of the crash. lawmakers and critics also saying even if human error is the cause, this crash raises issues about safety systems that still are not in place. and could have saved lives. so right now this investigation is dealing with concerns about what we still don't know and what we do know. what we don't know why was the train going as fast as it was going? is it as simple as just human error? or was there equipment failure involved as well? that's what the ntsb says. and then there's a concern about what we do know which is even if human error is the reason behind the crash of train 188, it still didn't need to happen if safety systems were in place that should be yet aren't. let's get to cnn's government regulations correspondent rene marsh drilling down on these all-important questions. rene. >> reporter: well chris, the ntsb saying very plainly yesterday that they felt strongly that this incident could have been prevented. i want to show you live here this morning. this is the section of track you can see. people are already out on the tracks starting work here. and clearly what the ntsb is saying is that if there was certain technology in place, known as positive train control, this could have made a difference. but this section of track that you're looking at was not equipped with this automated speed control system. in plain terms what the technology does is it uses gps, wireless radio and computers to monitor the train. and when the train is going too fast it slows down the train, even able to stop the train. we do know that certain sections of the northeast corridor does have this safety equipment. but again, this section did not. congress has mandated that all the nation's railroads have this technology in place by the end of 2015. so the end of this year. but there has been some push from the railroad industry to extend that deadline chris. but again, you said it off the top, 106 miles per hour in a 50-mile-per-hour zone. what they're trying to figure out right now is what is the reason for that chris. >> all right, rene thank you so much for laying out the right questions. now let's get some answers from somebody who knows how to do the job that is before us. mary schiavo, former inspector general of the department of transportation and cnn aviation analyst. mary great to have you this morning. now, first tell us what are the priorities of the investigation in terms of what they need to know? >> well first and foremost they have to find the facts. it's their job to find out why the train crashed. and then the second part is the investigation will come a little later where they will make recommendations. it's the ntsb's job to recommend things that need to be changed so this kind of thing cannot happen again. so they'll have a two-part investigation, first the factual causes what happened when and why. and then how do we make sure this doesn't happen again. >> so let's address the common sense that hits you in this situation. 106 miles an hour going into a 50-mile-an-hour curve, engineer screwed up end of story. what else do you need to know? >> well you need to know why he was doing that and if he was cognizant and accidents in the past. of course there have been many reasons, use of cell phones sleep apnea, medication problems illegal drug problems. we don't know in this case but i'm saying in crashes passed. so they will have to find that out. and if it's problems of distracted workplace or medical issues et cetera they will make recommendations for that. and then of course they will also be looking at why this train when amtrak had put it on other parts didn't have the positive train control. the short answer to that is the law says it has to be done by the end of the year and they still have time to do it. >> well still have time to do it. there's another short answer which is they haven't done it and they were supposed to. it's just about, you know as we both know as lawyers just because this is the end of your timeline doesn't mean you didn't have an ability to do it up until now. >> right. >> let's draez that. politics is poisoning what you see very clearly. people saying no this is the engineer i don't want to hear about infrastructure that's not what it's about. it's just about what he did. sounds naive to some what do you think? >> well i think it is naive because we know this has happened before. we have other train crashes where human error has cost human lives. and that's the whole point of positive train control. we want to take some of the human error or all of the human error eventually if we could ever get to that point. but we want to take the human failure out of the system to save the passengers save the train and save the rail system. and, you know -- i'm not just saying amtrak railroad lines across the country and lobbyists have said we're not going to make the 2015 deadline. and congress is already talking about letting that go. but congress does that repeatedly. they pass laws and they say you're not going to make the deadline we'll extend them. that's very common in the department of transportation and it's a deadly extension. but it goes on all the time. not just in trains all across the transportation modes. >> and that leads us to the next question which is oh you know they get so much money. and you don't know how it's being spent. and they're not doing what they're supposed to do. the map tells this story. this is where you have this track control and all these spaces where you don't. and why should we just keep throwing money at this problem if they're not spending it the right way? what's your take? >> well my take is your take. you know that's a problem because the office of inspector general, my old office does lots of reviews of the expenditure of the federal funds not just on amtrak but all sorts of transportation modes. and amtrak has had problems. they've had problems with fraud, waste and abuse, they've had problems with how they spent their money and management on the money they've been given. remember this is federal subsidy of a train that provides riders on one small part of the country. and so there's a big issue on how much should each passenger's ticket be subsidized by the federal government. that's a huge issue. that debate goes on almost every year when it's time for the appropriations budget for transportation and for amtrak. and that's a real issue. but other modes of transportation are subsidized too of course. and all subway and light rail and metro systems are subsidized. so it's an issue. but the point is at what point is the subsidy too great? >> right. now, i just want to address this one more time and kind of cement it for people. because infrastructure has become a political buzz word. and people want to run away from it on the right because it seems to equate with more money. yesterday very early on i was leaning on what i was told by investigators at the scene where they said whatever we find that this engineer was doing, speed was obvious because of how the cars were mangled that they were going to look on that they say it doesn't matter because if we had the track control here this wouldn't have happened. you have to get that message out. so i was early on it and getting attacked by political types saying that's about money. just be clear with people mary even if this engineer screwed up if you had the safety system in place, would this have happened? >> no positive train control would have prevented this crash. there are many that it wouldn't prevent like a tractor-trailer driving on the tracks. that's not going to stop it in time. it will take eight football fields to stop a train going about 60 miles an hour. here you would have needed 10 or 15. so here positive train control would have prevented this accident i think without a doubt. >> all right. mary schiavo, thank you very much. and for you at home why am i hammering this point? why are we doing this? because politics is poisoning it right now. and we don't want this to happen again. and we certainly includes the loved ones the families of seven people who lost their lives in this train crash. we know there are still victims missing. now, why is that? why are there people unaccounted for? investigators tell us it's not because people are buried in the rubble at the scene. it's about dealing with the system. and we also know there are people still in the hospital with bad injuries. so let's get to temple hospital -- temple university hospital with the latest. >> chris, as you said there is still an untold number of passengers still unaccounted for. but according to the philadelphia inquirer they're reporting that 12 people as many as 12 people could still be missing including robert gildersleve, he's a 45-year-old executive and father. his family is still looking for him today. and we are starting to know more about the seven people killed. we have confirmation of five of those killed. among them is 49-year-old jim gaines. he was a father of two worked at the associated press. he passed away here at temple university hospital of a major chest trauma yesterday. and a wells fargo executive from rockville, maryland he was traveling on that amtrak train en route to new york for work. now, here at temple university 22 people remain hospitalized chris. we heard from a spokeswoman a moment ago that one person was released overnight. but chris, eight here in this hospital remain in critical condition. chris. >> all right. sunlen let's stay on that. obviously we want to know how everybody's doing that was impacted in this crash. we'll check back with you. you also have the practical impact of what happened in philadelphia. these tracks behind us being twisted into ribbons. this is one of the nation's busiest railroad sections. it's called the northeast corridor. millions are using it between washington, d.c. philadelphia and new york. so we have cnn's brian stelter at new york's penn station. what's going to be the deal today? >> more of the same chris. as it stands right now you can see on the board behind me canceled canceled a few trains on time. that's because there are some local trains that are able to get as far south as trenton, but no further. basically to get to philadelphia you've got to drive or fly today. again, amtrak announcing on the speakers above us saying service remains suspended indefinitely. frankly, there hasn't been much information from amtrak about when that might change. so people are having to rent cars and figure out other ways to either move south. or if you're in washington or philadelphia move north toward here in new york. look at how this northeast corridor looks by the numbers. as you said millions of people rely on this transportation route. actually 750,000 people per day. so that cues up to many millions over the course of weeks and months. much more popular to go by train actually than it is to fly say between new york and washington or vice versa. and these are very important routes for media types, for business leaders, for politicians. we have seen some airlines add some additional flights in order to help relieve the burden here. we've also seen bus lines trying to pitch in. and we've heard of a lot of orders for rental cars between new york and philadelphia and washington. you know in the rest of the country train travel not nearly as popular as it is here. this train line happens to be four times as popular as the next busiest route in the united states. chris, back to you. >> important to point out. thank you very much brian. appreciate it. there's a lot of other big news for you this morning. let's get back to alisyn in new york with that. okay, chris, thanks so much. we'll get back to all the developments in philadelphia shortly. but first, president obama and leaders from six persian gulf countries head to camp david today for a summit. but there will be some conspicuous absences. cnn's michelle kosinski is live at the white house with this lonely summit. >> to hear the white house describe this there's kind of nothing to see here everything is great. all the leaders who should be here are and we're going to get a lot done. even though the saudi king backed out at the last minute only two of six heads of state are here. and a bahrainian king instead of coming to president obama's big summit decided to go to a horse show in england to see the queen. it is true some of these leaders wouldn't travel any way because of health reasons. and, no they might not get the defense pact with the u.s. they were hoping for. maybe not even all the reassurances that they want over the iran nuclear deal. but we do expect to see some things come out of this. one will be a continued commitment to fighting terrorism, fighting isis and cyber terror. another will be a better coordination of missile defense throughout that region. and also possibly a bigger status for these nations by the u.s. to non-nato allies which would mean things like better equipment, coordinated training and, yes, more arms from the u.s. michaela. >> all right, michelle, thank you. meanwhile, the house is expected to vote today on a bill that would give congress the ability to review an emerging nuclear deal with iran. the senate approved its own version of the measure last week. if the house bill passes it would then go to president obama who has said he would sign it as long as it doesn't change drastically from the version approved by the senate foreign relations committee a few weeks ago. listen to this story, a florida hearse driver and a funeral director fired for stopping at dunkin' donuts while transporting the body of an army veteran to his funeral. a witness videotaped the flag-draped coffin in the back of their vehicle. they posted it on facebook. the two men are brothers and defending their actions claiming they knew they had a long day ahead of them and would not get a chance to eat. their boss says during a military transport the hearse cannot make stops. >> double parked as well. i am sensing that's a lapse of judgment that they will feel terrible for. >> correct. >> for a while. that's one of those things. >> insensitivity. everybody understands needing coffee but the insensitivity. >> absolutely. we hope you'll stick around for this because one of the victims of the derailment was a 20-year-old naval academy midshipman named justin zemser and by all accounts an extraordinary young man. two of his best friends tell us why next. huh, 15 minutes could save you 15% or more on car insurance. everybody knows that. well, did you know that game show hosts should only host game shows? 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[ male announcer ] geico. 15 minutes could save you 15% or more. at hilton, we say... play hooky from the ordinary. the uninspired. the routine. but mostly just play. with hilton's 12 brands you always get the lowest price. only when you book direct at hilton.com. hey mom, you want to live by the lake, right? yeah. there's here. ♪ did you just share a listing with me? look at this one. it's got a great view of the lake. it's really nice mom. ♪ your dad would've loved this place. you're not just looking for a house. you're looking for a place for your life to happen. zillow our son was midship justin zemser. he was born on march 25th 1995. he was his high school valedictorian and was just finishing up his second year as midshipman at the united states naval academy. he was a loving son, nephew and cousin. >> well that was susan zemser the mother of 20-year-old naval academy midshipman justin zemser who is among the seven people killed in tuesday's amtrak train derailment. we are joined this morning by justin's close friends, his teammate and his roommate brandon teal. guys thanks so much for being on "new day." we're so sorry for your loss. >> thank you, ma'am. >> absolutely. >> we know that you called your friend justin z in honor of his last name. we want to talk about z this morning with you. devin i want to start with you because we understand all of the midshipman were called in to a meeting to get the news of z's death. can you tell us about that moment? >> yes. we were all together for a brief. and we were all sitting together and the brief was delayed rather for about 45 minutes. and we started looking around because it's not typical in the military. and we decided -- or we noticed that when the come daunt came on and said justin had passed it kind of took us all back and we were all in shock for a little bit. >> of course. of course you were. brandon, you were his roommate. i have to tell you, the more i read about z the more impressive he is. i mean he sounds really extraordinary. he was the valedictorian of his high school he was the class president in high school he was the captain of his football team he wanted to be a navy s.e.a.l. it sounds like not just you his best friends, but our country lost someone who was really going to make a difference. brandon, can you tell us what made him so special? >> absolutely. he was a phenomenal human being. simply put he was the best person i know. he made me better. we made each other better. just his desire to be better he wanted to better himself, he wanted to better this country. he cared so much. i think that's what really defined him. >> and, devin, we understand that he also looked out for other people. he was considered sort of a big brother. can you tell us about that experience? >> absolutely. i was a freshman on the team and many of the guys you know we looked up to him because our teammate as a brotherhood and we all stick together and z showed his selflessness and love for his entire team. he dedicated his life to our entire team and making sure everybody around him was happy. >> brandon, as you guys are talking we're looking at these photos you've supplied to us. and it shows just how close you all are. i mean your arms are around each other. in one point he's on your back or your shoulders. you guys just look like you're having a lot of fun. what is that? tell us about that bond that you shared. >> absolutely. i mean we're all so close here. z and me particular i mean we were roommates. you know we slept within ten feet of each other every night for two years. he came home with me on spring break. we did everything together. he's just -- just the bond is incredible. i mean he's like a brother. i mean i've only known him for two years and i know him better than many people i've known my whole life. >> devin, you talked to z. you saw him the morning right before he left to get on the train to go home. what was that conversation like? >> so it was 3:00 a.m. in the morning at a physical training evolution. and z was leading the group. and i saw him and i ran up to him and gave him a chest bump and a hug. told him that i loved him. like we always do on our team. just told him i'll see him later in the day. and he told me to push through it and keep my head held high. >> brandon, how are you all there at the academy processing this now? >> all of us are in shock. i mean he was -- i mean he was typical taking his train home many times. he was just home. he just came back for the physical training evolution yesterday. or two days ago. and, i mean it's almost like no one can believe it yet. it's just -- we're all in shock. we're all so close. it's just a giant family. none of us can really comprehend that this has happened. >> devin, do you and all of your fellow midshipmen have a plan? a memorial? any way that you'll honor z? >> we're still waiting to hear all the details about what's to come in the future. right now the most important thing is sticking together with the team as a brotherhood. we're each other's backbones. to z's mother i know you only had one son, but your son had 65 brothers here. and we love you and we support you. >> that is so sweet. that will be so important for his mother to hear because she did lose her only son. brandon, what will you remember most about z? >> justin was -- i don't know the one thing i'll remember most about him. just everything. he drove me to be better when i was struggling he lifted me up. when he was struggling i lifted him up. it was sort of a give and take relationship. we both -- i mean i can't even -- i can't even begin to describe the one thing. just the person he was can't be narrowed down to one specific time or characteristic. >> yeah. well guys we hear your pain. and we're so sorry for your loss. and thanks so much for sharing the pictures and taking the time to tell us about this extraordinary young man. take care of yourselves. >> thank you, ma'am. >> thank you, ma'am. all right. let's go back now to chris who's in philadelphia with all the developments on this crash. hi chris. >> and it is good to hear the midshipman remembered for his family and also for the focus on making sure this doesn't happen again. and the more the investigators look into it and the more they talk to us the more they say this amtrak crash could have been prevented. how? 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was it about distraction? was it about intent in they're going to look at that. and they're also taking a very close look at this section of track because there could have been safety systems in place, infrastructure that is supposed to be there that has a deadline at the end of this year that is not there. why not? and what does it mean about stopping situations like this going forward? and that matters because of what was lost here. not just the mangled train, the people in it. seven people lost their lives, hundreds were hurt. there are still those unaccounted for. a big question becomes how do you make this not happen again. that goes to responsibility accountability and liability. amtrak this is an amtrak train, this is the ninth time they've had a problem this year. that's much higher than the average. so we bring in andrew maloney, he's litigated a number of these train accidents including the deadly 2013 derailment in the bronx. he represents victims in these cases. mr. maloney, when the engineer here said i don't remember what happened that smacked familiar for a lot of people because we heard that from the engineer in the bronx in that new york 2013 crash. now, in that case he wound up having some kind of non-diagnosed apnea -- sleep apnea and there were no charges or really any liability or change there. what do you see as the concerns here? >> it sounds like they didn't learn their lesson from the accident in metro north in the bronx. this sounds very very similar. you have an engineer that's speeding into a curve. why he did that i don't know he was distracted obviously human factors have to be looked at. and clearly amtrak is vicariously liable for the actions of its engineer in this case the engineer that drove this train far too fast. we also know from the bronx accident that that train didn't have the technology known as positive train control, which you commented about at the top of the hour. and this happens to be the busiest section of railway in the united states. why they wouldn't start implementing it right there is beyond me. it's shocking frankly. >> now, they're fighting over money when it comes to funding amtrak and d.c. right now. so you have a very divided political atmosphere. and when you say, oh they should have had better infrastructure and this wouldn't have happened you're getting an eye roll from half the political partisans in the country because they're saying they just want more money, it doesn't matter it was all about the engineer. what's the reality? >> reality is money's necessary, even amtrak will tell you they've said many times they need more money to fix a deteriorating system. some of the parts of this system are over 100 years old, the tracks some of the equipment has to be continually upgraded. it gets worn out. you need money to do that. i understand the rhetoric that you can't just throw money at any problem and expect it to be fixed. there are management issues here that have to be looked at here and dealt with but frankly you can't make a lot of these safety technology changes without money. it's necessary. the rails are a vital part -- >> but isn't it also true that we haven't had the accountability here that should be in place? because the money has been there. billions and billions go to amtrak. the government runs it. it's not a private company, right? it's one of those odd partnerships that the government created for this when it was going broke many years ago. and you seek protections from congress here. they have a deadline. they're supposed to have these safety systems in place. they want it extended the companies, because it's about their time and money. congress is considering that. there's a cap from 1997 of just $200 million in these situations. people say just $200 million. when you have a lot of people involved that money goes fast. congress gave them that. isn't there some protection of the industry going on? >> yeah. there's definitely some protection. there are those that want to protect an industry like this when it comes to legal liability and when it comes to management issues. again, as i commented a second ago it's not just a money issue, it's a management issue. and i think it's been mismanaged. the first place i would have started in putting positive train control technology in would be this very corridor. why it wasn't here the busiest corridor in the country, is shocking to me. >> well look it's probably going to have a practicality reason right? it's about time and money and resources and where the company decided to put it. the question is how do you force them to do better. because that seems, you know we have these accidents, people die, people get hurt the ntsb investigates they say you need to do better with your infrastructure and safety systems and this won't happen. and then nothing happens. so what do you do? >> unfortunately people like to criticize lawyers like myself but sometimes it takes a lawsuit to hold them legally accountable in a court of law to force them to look at and fix safety issues like this one. this has been -- this type of accident's been known for a long time. there's going to be human error in any system. and you have to plan for a redundancy to protect people from somebody making a mistake. and the technology exists here. they didn't put it in place. it's that simple. >> and, you know we're dealing with a system they're going over 100 miles an hour and they don't even have seat belts on these trains mr. maloney, which also speaks to how old-minded this system is. but here's a prediction for you, when liability starts to come into play get ready to hear from amtrak and other management involved here that hey, let's not forget this is about human error, it's not anything more than that. you're going to hear it that's for sure. thank you for the perspective. appreciate it. >> thanks for having me chris. we're going to have more on our train derailment coverage from philadelphia. but also jeb bush trying to right the ship after stumbling on comments about the iraq war. did he get it together? or is it strike three for the likely presidential candidate? jake tapper is here this morning. he'll share his insight. 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[ laughter ] >> oops. her granddaughter caught that all on camera. >> of course she did. >> the video has gone viral. everyone at the party including toothless louise had a good laugh. >> she's a fabulous 102-year-old who has a great sense of humor which i really appreciate. seems like a nice segue to our next guest. >> yeah let's talk politics. it really does. from sublime to the ridiculous. >> how is that a good segue? >> i'll show you. >> because jeb bush is trying for a third time to answer the question of whether he would have invaded iraq in 2003. so let's listen to jeb's latest answer. >> of course you know given the power of looking back and having that of course anybody would have made different decisions. >> all right. will that put all these questions to rest? here to weigh-in is cnn chief washington correspondent and anchor of cnn's "the lead," jake tapper. >> hello guys. >> great to have you in studio. >> thanks for the 6:30 a.m. wakeup call. >> would it have been better for jeb if his teeth had fallen out before he tried to answer? >> no but it's been a rough week. what's so odd about this is it's an obvious question. it's about what is widely considered one of the big foreign policy blunders of the last 15 years. hotly debated at the time and yet the democrats went through this whole thing in 2008. you might remember every hillary clinton, joe biden, others all coming out saying, yes, i would have voted differently in the senate. and it's confusing. i understand why it's so difficult for him to answer the question. >> why? >> because his brother is the one that led the country to war. and you want to support your brother. you don't want to be disloyal. >> you want to distinguish yourself also from your brother's foreign policy choices? >> well that's a difficult thing for jeb bush. in some ways and i'm not the first one to make this comparison but he is having the same kind of issue that al gore had in 2000 which is you want the benefit of all the people who supported what bill clinton did or george w. bush did and you don't want the baggage. and it's not always easy to negotiate. that's the politics of it. the policy is and i'm still not exactly sure what jeb bush's position is on whether or not he thinks wmd was the only reason why the u.s. went to war in iraq. i mean you've seen other people say there are plenty of people in the foreign policy establishment who think, no it was not a mistake. i'd make the same vote today again. saddam hussein was a ruthless tyrant and the middle east is better without him. there are a number of people who think that. not a majority of the american people but a number of people. >> it's giving a bunch of hopefuls like "the washington post" to pounce on it. you sat down with an interview with chris christie great job by the way. let's listen to the sound. >> i don't think you can honestly say that if we knew then there was no wmd that the country should have gone to war so my answer would be no. i think what we got to avoid is continuing to go backwards in this country. i wouldn't have gone to war. but we don't get to replay history. >> so is that a smarter tact? is that what jeb bush should have done? >> again, there's the politics and policy. in terms of politic ths is a good opportunity for people like chris christie and others to distinguish themselves. in the full answer he gave me not only does he say we need to look forward, which is kind of a zing at bushes or clintons but also he said and this isn't a major thing in my campaign but you asked me a direct question and i'm going to answer it directly because that's what i do. that's another opportunity for chris christie and others to distinguish themselves from the nonso direct answer we're getting from jeb bush. >> but the zing we need to look forward is the journalist asking the question. is it a fair question? >> i think it's completely a fair question. first of all there are very few unfair questions when it comes to the presidency i think. we can ask anything we want. how they answer is a different matter. but more importantly this cost tens of thousands of lives of innocent iraqis and u.s. troops. and we're still seeing the effects of the iraq war on the region. somebody pointed out, a student pointed out to jeb bush yesterday, he was faulting obama for the creation of isis by withdrawing u.s. troops leaving a vacuum and a student pointed out using that same logic one could say isis was the creation of george w. bush because originally their roots were the al qaeda in iraq and zarkawi. yes, absolutely it's a major foreign policy issue. look republicans and the clinton campaign are going to attack the media to a large extent no matter what we do. and i think that it is a completely relevant question. >> jake tapper great to have you on with us. >> love you up so early for us. >> only you two. i would not do it for chris. don't tell him that. >> we won't let him know you were here. >> never happened. make sure you watch jake tapper's show "the lead" today at 4:00 p.m. eastern only on cnn. ahead here he's no stranger to the big decisions with the clock ticking down. tom brady has hours, just hours, to decide whether to appeal that four-game ban for deflategate. some big legal help is on the way. we'll tell you who. scott: hello! nbr: scott - we're concerned. you just fed your lawn earlier this spring and now you're at it again. scott: (chuckles) indeed, a crucial late spring feeding helps defend the grass against the summer heat to come. nbr: we knew that - right guys? 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>> the engineer is not talking at this point. >> clearly he was reckless and irresponsible. >> to make comments like that is inflammatory at this point. >> this section of track was not equipped with the speed control system. >> positive train control would have prevented this accident without a doubt. it's thursday may 14th 8:00 in the east. alisyn and michaela are in new york. why was the train traveling 106 miles per hour? that's more than twice the speed limit as it approached the 50-mile-per-hour curve, and that leads us to why is the engineer bostain isn't talking to investigators anymore. and then perhaps the biggest why. why was a trusted rail safety system not installed in this part of the track? officials say without qualification, even if it's human error, it would have prevented this crash. we are working to get answers this morning, as crews are working to find two people still unaccounted for. >> no way a regional train should be doing 106 on the curve. >> speed spent seven cars and their engines off the track. >> there were people catapulted up into the luggage bins. >> michael nutter blaming the engineer at the helm 32-year-old brandon bostain. >> clearly it was reckless. >> noting the engineer might have sped up to make up for time. >> i am sure they would not have minded being 20 minutes late instead of dying. >> the ntsb is taking issue with the mayor's comments calling them inflammatory. >> in the next three or four secretaries, the speed of the train increased. >> the train was traveling at 106 miles per hour twice the appropriate speed entering the sharp turn. >> he was already in the curve at this point, and you are supposed to inner the nerve at 50 miles per hour. >> and bostain could not recall his speed. his lawyer says he doesn't remember the crash himself. >> he has no recollection of the incident or anything unusual. >> police are in the process of obtaining a search warrant of the phone records to determine if he was distracted tkaorbduring the time of the crash. even if human error is the cause, this crash races issues about safety plans that are not in place. >> you have what the engineer was doinging and what was going on with the system over all that allowed the accident to happen no matter what the engineer was doing. renee, what do we know? >> reporter: chris, we know that this stretch of track that you are looking at live here and you can see work is underway right now this morning, and we know that this special technology specifically an automated speed control system was not installed here. we know that on the northeast -- along the northeast corridor the technology exists but, again, not in this section where the derailment happened and the ntsb saying it would have made a word of difference. when the train is going too fast technology is able to slow down the train and even stop the train. we do know that congress has mandated all of the nation's railways have the technology by the end of 2016 and this section did not have it and we reached out to amtrak and have not heard anything from them. >> we know this industry is lobbying very hard to get the deadline for putting in the safety systems extended they want more time and more money. is that the answer? that's not what the ntsb was suggesting this morning. they are suggesting the safety system needs to be in place because it would have stopped the accident no matter what they find out about the engineer, and where do we go from here? terms of avoiding this? cnn aviation analysts and former director of the ntsb we have with us mr. peter goals. what are the ntsb and other investigators looking at with the engineer and the speed, and why isn't it he was driving too fast and that's the answer? >> they need to eliminate every other possible elimination that was going on. the engineer could have been distracted and he could have had a health event, they will find out. was he on certain kinds of medications that might have contributed to his distraction or to his dozing off or to not being attentive? they will slowly but surely eliminate every option on what triggered his missing the turn. >> we have the issues of what is in place and what isn't in place. we know there are a lot of cameras and is it true there could have been one showing the forward perspective, and what will that mean in the case? >> there is a forward-looking camera on the amtrak trains, and that will show the picture of the engine leaving the track, and what we don't have is an inward facing camera on the cabin, and that's recommended but controversial, and the engineers don't like it and it's like a camera in the cockpit in aviation but if you have an inward-facing camera as well you can see precisely what the engineer is doing and when he was doing it. it's needed. >> they don't like it kind of coaxes a visceral response of too bad, and we need to know what is going on whether it makes you comfortable on not. we need the speed of the trains is supposed to be reduced in the area and the curve has a 50-mile-per-hour rate, and it was not that far out of the 30th street station, and how does that play into your understanding of how fast the train should have been going? >> it's clear he accelerated greatly leaving the 30th street station, and he was 11 minutes out of the station and he was going over 105 miles per hour. it underscores the issue of the need for a universal positive train control. on the line the northeast line it was not there in that section of track, and it could be related to operaability. there is not an off the shelf pt system and rail systems have spent $6 billion of their own money to get the systems installed, and they are complex and difficult, and in some cases the fcc has not been helpful because they need band width to run the communications along the track. it's a complex issue and expensive one. >> i know the problem is peter, it has to be done and it saves lives. i know you are not an appal gist for the industry however, there are those who will hear this conversation that says i don't care you asked for more money in the government and i am tired about it and it's about what the engineer does and nothing else matters, and what do you say? >> that is the debate. what do you do with a low probability high consequence event like this. do you put your resources to try and mitigate it or do you look for higher probability events that may not have as disastrous an occurrence that will make the trains you know broadly safer and broadly moron -- more on time. and in california they put the resources into that system and they did not flinch at making it save safer, and it's working. >> a simple yes or no. the ntsb guy rung the investigations stood next to me and said whatever we find out about the engineer the idea that infrastructure didn't matter is silly to the point of stupidity, because if they had it in place no matter what the engineer was doing, this would not have happened true or not true? >> absolutely true. rail systems are making decisions based on limited resources, do i put the money here or there, and there is not enough money being aloelocated to the freight systems to keep them safe in the future. >> in a balance on that in the political debate will be they are getting billions how much they get and how well they spend it needs to be balanced as well and that's going to drive the debate. let's see if we get answers, because this is a horrible way to learn a lesson of what should have been done already. the urgency is not about politics but it's about the people. there were victims here hundreds and hundreds of them. seven people lost their lives. so many went to the hospital. many of them are still there, and there are those who are simply unaccounted for and that's what matters most those people. let's go outside temple university medical center. >> reporter: chris, there are still an untold number of people left unaccounted for, and the number may be as many as 12 people still missing. among them is robert gildersleeve. he is 45 years old, a father and executive from baltimore. his family is still looking for him this morning. and we are also starting to learn more about the lives lost five of the seven killed have been identified included among them is dr. griffith and he just earned his phd last month. and 39-year-old ray jacobs from new york and we are here where they had seen 54 patients and 22 remain hospitalized and one person was released early this morning, chris, and eight people still in critical condition still fighting for their lives. >> thank you for the information. we will stay on that because we have to see what happens with those people and we know their families want people to know the results as well. you have the people involved and the practicalities involved and all the tracks are twisted into ribbons, so train activity in the northeast corridor which is what they call the area between new york and philly is going to be greatly compromised. we have the reality of penn station travel this morning. what do we know brian? >> reporter: the word is frozen chris. for these people it's a inconveneience and not a tragedy. the cancelled trains are the ones trying to get to washington. it's very hard to get from new york to washington or vice versa today, and some people are walking by a lot less crowded by, and you know this place can be packed with morning and afternoon rush hour and instead of planes people are relying on buses and planes instead. you get a sense of how important the rail system is economically. $100 million a day, and economic impacts are caused whenever there is a disruption like this to the northeast corridor because 750,000 passengers use this system every day, and there are a couple out west that have one-fourth of traffic, and we talk about amtrak and the northeast corridor is the key and artery and right that that artery is severed. amtrak has given no indication as when service will resume and people are making other plans, taking a car or flights, which are all of a sudden expensive because of supply and demand. back to you. we start overseas. heavy gunfire is being record in one african nation. a presidential spokesman is dismissing a coup. it's unclear if the president there has been able to return home from a summit because the airport is closed. the largely symbolic move comes days before pope francis will meet with mahmoud abbas. supporters of israel called a move premature saying it hurts negotiations for peace. and then releasing disturbing surveillance video that shows officers shooting a hammer-wielding suspect. a vicious attack on new york's crowded streets. watch this hooded man in a face mask lunges. the attacker lands three blows as she falls to the ground and her partner draws his weapon firing at the man four times. the entire ordeal over in less than three seconds. police recovering a hammer used in the assault at the scene. >> the officer saved the life of his partner quite possibly. >> the suspect was wanted since monday in other hammer attacks. this video shows him coming up behind a woman and violently striking her in the head before running away. the suspect is paranoid and has schizophrenia and checked himself out of a mental hospital months ago. >> it's like a smoking gun. you know you never knew what was going to happen. >> i am glad they got him off the street. >> that young man has a string of arrests including possession of a razor. he was wanted for jumping a fast-food counter trying to attack a server and we know he has been transported to a local hospital and he will face many charges because there are four or five incidents in the new york area where he is suspected of wielding the hammer and attacking women. >> that one person caused chaos in manhattan yesterday. we were caught in the traffic. there was a ripple affect from that one incident for blocks and blocks and blocks blocking traffic in manhattan. we will update you on that when we have more. we do have many more developments out of philadelphia and the amtrak crash. why is kim jong-un appearing to kill off his country's leaders? 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>> kim jong-un is trying to consolidate power and he is not successful and tpg he were there would not be this continue bloodbath, and there has been 85 to perhaps 100 senior officials killed since kim jong-un took power in 2011. >> this makes him sound like a homicideial maniac. is he unhinged? >> well, clearly this perpblg, this series of purges -- >> if he is not unhinged why does he hate or mistrust the people around him? >> he came into power with very little grooming, and his dad had two decades of grooming and he only had two years, and he is very young, which is a disadvantage -- >> because he doesn't have wisdom? >> he doesn't have wisdom or the background to balance the various elements of the regime and there is the party and military and security services, and he has to keep them in balance and has not been able to do that. >> there was seven paul barriers at his father's funeral, and what became of them? >> some were executed and some were shuffled off to the side we don't know but he was trying to make space so he could install his own officials that were loyal to him and he has not been able to do that and there has been so much shuffling at the top of the peoples' army and he can't find a general he can trust. >> you can dismiss it as a north korean problem or a south korean problem, but what does it mean for the u.s.? >> north korea has a missile that can take a nuke and land it in california so clearly this affects us. >> is there any way that he will be taken out? given all the blood ledding, how long will the generals stand for it? >> probably not too much longer. everybody has an incentive to fight to the end and tear the system apart, and kim jong-un is at risk, too, and we know he is sensitive about this because there are parts of the country he won't travel to and he is feeling insecure. he did not go to moscow for the 70th annual parade because i think he was worried about a coup taking place while he was gone or he would be killed when he came back. >> what happens if there is a coup? >> all bets are off. you can have disorganization and you can have various factions of the military with weapons of mass destruction under their control. this is a nightmare scenario because we don't know where a lot of the nukes are kept and they have stocks of chemical weapons as well. >> is he paranoid or does he have a good reason to not trust people that were in his father's regime? >> i think he has some good reason but what he has done is created the instability by killing more people because at that point, blood demands blood and this dynamic is difficult to stop, and once you start to kill people you cannot stop because there is no last person to shoot. >> that's so chilling. you can't stop because there is blood on your hands and everybody knows that. >> and every relative and ally now has incentive to get rid of him. >> it's great to get your insight even though it's terribly troubling. thank you for being on "new day." let's go back to philadelphia where chris is. >> the big word down here is this was about speed. why was the train going twice the rate of speed it was supposed to in the curve and how does the engineer factor into that? for many that's the end of the analysis but not for investigators, and they are saying there was something that could have stopped the crash but it didn't. why not? we have the answer. google search: bodega beach house. when broker chris hill stays at laquinta he fires up the free wifi with a network that's now up to 5 times faster than before! so he can rapidly prepare his presentation. and when he perfects his pitch, do you know what chris can do? 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>> good morning, chris. thank you for having me. certainly as a former member of the amtrak family let me express my thoughts and prayers for the crew and the passengers and the families of those impacted by that derailment in philadelphia on tuesday night. to answer your question i was board chairman from 1999 to 2003 and i hired david gunn as president of amtrak and he made the implementation of positive train control in 1999 and it's only logical that you start at the part of the cart where the legal speeds for amtrak are the highest, and trains are going in excess of 100 miles per hour legally and safely and approaching 150 miles per hour and that's the north end of the cart so we began the implementation of ptc in 1999 and the concern the president of amtrak and his team have followed through with the implementation of positive train control. this curve, keep in mind was legally a 50-mile-per-hour curve. you would not expect a train to be going at that excessive rate of speed, and you protect first those areas where you do expect those trains to legally travel approaching 150 miles per hour but it's a function of investment. the northeast needs $20 billion for infrastructure replacement, and that to bring them into a state of good repair and congress apropose appropriates that. >> i understand the money issue, and we are going to talk about that but i want to get one quick answer to the original question. if ptc would have been in that area where the crash happened doesn't matter what the engineer would have been doing, this still would not have occurred yes or no? >> yes, ptc is designed to overcome human error. >> people are saying infrastructure is irrelevant and now let's go to why the ptc is not here. you say you start where the priorities are here and where the trains are going fastest and that's not here because it's only a 50-mile-per-hour curve, and that assumes you have not had the money and the time to do it and you say since 1999 you are starting this process, and why isn't it done? is the money spent well enough? >> actually plenty of money does not go to amtrak. >> billions. >> $1.4 billion for a national system and you have $20 billion in need i think you have to have the relationship to understand the magnitude of the need and the minimal amount of is invested in passenger rail and that has been for decades, and you can't starve a system and then beat it for not performing at the highest level you would demand. we can make reference to what china spends 9% of their gdp on their transportation, and europe 6% and our country spends around 2%. we don't invest properly in any surface transportation mode. that's an issue congress must address. our economy, as well as our people ride on the backs of that transportation system. >> your friends in the republican party hear that and they hear oh, boy, here they go they want to throw more money at a problem and not manage it right so nothing is going to get done and that's why in the house, you just had the republicans vote to cut the budget that goes to amtrak and other budget allotments for the railways. what is your response to that move, sir? >> let's look at the history around amtrak. i was the republican mayor of missouri for 16 years -- >> i know that. >> but the last time a passenger rail was authorized and the national system was saved and invested in it was led by two men, trent lott a southern republican from mississippi, and lautenberg a liberal democrat from new jersey. they understood that passenger rail looked different in each of their states and to their people but it was important to the nation and they worked together. today a bill will be introduced in the senate and it's the rail reauthorization, and it's again a mississippi and new jersey connection, and yet they have come together again to begin to address this issue of properly governing, of properly - administering, and beginning to invest more significantly than the house did in passenger rail. >> what do you mean beginning to invest? what do you say to the critics that say, what do you mean beginning to invest? the president said he was going to have shovel-ready jobs and a huge number allocated, and the people in congress are saying more money is not the answer. what do you say to them? >> more money is part of the answer and it's not just rail it's all modes of service transportation. i heard it being in the united states senate and it should be a bipartisan issue. i never met a pothole that could identify itself as a republican or democratic pothole, and it was an infrastructure i had to address in any part of the community in which i had citizens and we need to take that same view republican and democrat again, and republicans used to be very strong in infrastructure infrastructure and it's concrete and asphalt and it's not soft and fluffy but it's what builds local and regional economies, and if you care about the national economy, you care about local and regional economies, and they are connected by transportation. >> mr. smith, thank you very much. appreciate the perspective on this and as you know it's a big and hot issue in the congress right now, and we will follow it closely because we do not need to see another situation like this happen again if it can be avoided. michaela maybe we know why the mayors don't fill potholes if they can see the picture of themselves in that. we have a breaking news, an incident solving iranian ships firing and we will bring you more after the break. right now, verizon is offering unlimited talk and text. plus 10 gigs of shareable data. yeah, 10 gigantic gigs. for $80 a month. and $15 per line. more data than ever. for more of what you want. on the network that's #1 in speed, call, data, and reliability. so you never have to settle. $80 a month. for 10 gigs. and $15 per line. stop by or visit us online. and save without settling. only on verizon. the pursuit of healthier. it begins from the second we're born. after all, healthier doesn't happen all by itself. it needs to be earned... every day... using wellness to keep away illness... and believing that a single life can be made better by millions of others. healthier takes somebody who can power modern health care... by connecting every single part of it. for as the world keeps on searching for healthier... we're here to make healthier happen. optum. healthier is here. new york state is reinventing how we do business by leading the way on tax cuts. we cut the rates on personal income taxes. we enacted the lowest corporate tax rate since 1968. we eliminated the income tax on manufacturers altogether. with startup-ny, qualified businesses that start, expand or relocate to new york state pay no taxes for 10 years. all to grow our economy and create jobs. see how new york can give your business the opportunity to grow at ny.gov/business we are are five things we need to know for today. number one, officials are focusing on the engineer on the amtrak crash in philadelphia. the engineer tried to apply the emergency brakes before the crash. and six u.s. marines were among eight people on board conducting a aid relief mission, still missing. and then asked the u.s. for help fighting what they call iranian aggression in the middle east. and then one of the secret service agents is retiring. and then tom brady has until 5:00 p.m. today to file an appeal, and he hired jeffrey kessler to represent him, and he has successfully challenged other suspensions in the nfl. a small change to your day can make a big difference for your health. tell us what we can do? 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"newsroom" starts now. good morning. i am carol costello. thank you so much for joining me. any minute now, officials at temple university hospital will give us an update on the conditions of the patients at the amtrak derailment. we will take you there live when it happens, but first we have details on the investigation. the amtrak train barrelling around the curve at

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