. good morning, everyone, i'm ashleigh banfield. we have a busy show ahead, to say the very least. we begin this morning with what you say and what you do and who your friends are and maybe more importantly who your enemies are. it used to be that you could truftd that most of what you went about your private life would stay that way, private. but not anymore. a secret government operation has been monitoring the phone records of millions of us and now we're hearing it goes way beyond phone records to our internet habits and who we e-mail with.

in fact, today's "wall street journal" is reporting the national security agency is examining what, where and how we buy stuff by looking at our credit card transactions. so what about the companies helping the government watch us? according to washington post and the guardian newspapers, nine internet giants may be caught up in the secret government intelligence oefrgs known as prism. some of them are denying this. but the director of national intelligence is confirming the nsa is collecting domestic phone records to ferret out terrorist plots. here's our barbara starr to ferret this out. >> reporter: a potentially explosive disclosure about how easily the government can collect information online. the washington post and the british newspaper "the guardian," are reporting the national security agency, the nsa and the fbi are tapping directly into the servers of nine leading internet companies, including microsoft, yahoo, goggle, facebook, aol, skype, youtube and apple.

that's according to a top secret nsa presentation. intercepting data like video, photographs and e-mails flowing online. >> what this program enables the national security agency to do is to reach directly into the servers of the largest internet companies in the world, things that virtually every human being in the western world now uses to communicate with one another. >> reporter: the program appears to be intended to grab non-u.s. intercepts, many of which flow through the robust u.s. internet. one slide in the nsa presentation explains, your targets, communications could easily be flowing into and through the u.s. cnn has not confirmed the authenticity of the documents. several of the documents reportedly koornth with the government issued denials of involvement. this follows the stunning news that a secret federal court order directed verizon to hand

over phone records of millions of americans. former intelligence officials and privacy advocates say, it's reasonable to presume other telephone companies got similar orders. >> if this is an open-ended and indiscriminate collection process as it seems to be, then logically one would expect it to be much bigger than verizon business. >> reporter: and it all leaves the administration needing to explain this exchange in march. >> does the nsa collect any type of data at all on millions or hundreds of millions of americans? >> no, sir. >> it does not? >> n wittingly. >> reporter: that verizon program, law-makers say having access to that data helped law enforcement stop terrorist plots from being carried out. >> we have team coverage on this story with so many different

facets of it. barbara starr joins us live from the pentagon. dan lothian whooiv live from walk. from washington, our chief correspondent candy krawley is live. barbara, let me begin with you, that powerful part of that report the national senator for intelligence saying no, not unwittingly are we collecting massive amounts of americans. is he walking this back? >> reporter: well, i don't think so, ashleigh. i think what he is subtly doing there is acknowledging the internet, telephone networks, all of this really has almost nothing to do with geographic bound ris, the u.s. government is not supposed to collect information on u.s. citizens, spy on them, if you will. but if you are looking at phone networks data, if you are looking at internet data, that does not acknowledge international bound ris, so unwittingly, yes, sometimes they get this information. what he is saying is the rules

are very strict. this information is put aside. it's handled according to very precise procedures and that the government is not wittingly spying on u.s. citizens. i don't think that's going to go very far in answering a lot of people's very deep concerns about all of this. >> so effectively the rest of us, anybody who thinks he or she is innocent that might be caught up in a dragnet, we would likely be collateral damage on this. this has to be very difficult for the white house. do they have a damage control program of their own? are they allowing this to be managed by mr. clapper and other members of congress to do this? >> reporter: for now, some of the strongest statements do come from clapper as you pointed out the white house is being cautious in the reaction they are giving top aids here, pointing out or emphasizing the president has always talked about how you have to find that balance between security and civil liberties and they point us to a recent speech that the

president gave at the fascial defense university where he talked about this issue, talked about how you deal with new communication but they insist that there is great oversight here. there is a safeguard, a system in place in order to prevent any kind of abuse, but, certainly, you know, this is big for this white house, because it almost seems like every day we are seeing one of these controversy pop up. this is a white house trying to focus on issues, such as the economy, push the president's second term agenda, now they have to answer these tough questions. >> candy, look the safeguards, within it comes to the safeguards, that requires a tremendous amount of trust. trust on the part of you, me, everyone on the screen and everybody watching. but that trust is encroached upon by other things that have been happening as well. so politically speaking, where does if administration get off, sorry, for being socal lus that in asking us just to trust, can't we verify? >> reporter: well, no.

i mean, they're going to say, look, this is a -- one of the administration's reaction is, who leaked this stuff? we're going to go over whoever leaked the fact that these programs exist. so they have very much sort of steaked out this is about national security and i have to say this is not an issue that parces as easily along the party lines even of the irs or benghazi or any of those sort of existing political problems the president has. because what you have here is kind of an alliance of progressives who are disappointed with the president because they think he's looking an awful lot like problem who they criticized for overreach and those libertarian, rand pulled a and those people, woe, bernie sanders, there is not an alines, lindsey graham saying, hey, i use verizon, you want to

use my phone number. so you have an alliance for the president that is not just a bunch of democrats standing behind their guy. -ehas bipartisan support and bipartisan criticism. so i don't think it parces as easily as the other things we have been covering. >> candy, when i used to work in iraq for presaddam day, i feared every moment i picked up the telephone. i was so judicious with everything i said. in fact, i was judicious with everything i broadcast knowing full well, it could jail me. i don't think anybody who is innocent in this country isn't worried that's the kind of chill you can get. you don't want to feel like you live in america and you got big brother watching. said, our civil liberties a moving target? it seems generationally, we all seem to differ on what we need to give up.

>> there is certainly polling that shows, most people, at least not the ma zwroert, but -- majority, most people are willing to give up civil liberties. let's begin to parce, what is a sill liberty. what are you willing to give up to kursh terrorism? this is a general question, people say, well, sure, i'll give up some civil liberties, older people more worried about trivial than younger people, so you see more willing to give up civil liberties, but, you know, the question is, what are those civil liberties? do you want the federal government listening to your phone conversations? which as far as we know, they're not doing. this is a collection of numbers, not a collection of names, numbers and what number dialed what number for how long and from where. so i think this brings up that discussion, what do you think a civil liberty is? what are you willing to give up? because the federal government and that includes congress, which knew about this, many

members, you know the federal government says we are doing this in the name of fighting terrorism. okay, america, what are you willing to give up? that's a conversation we still haven't had and you know, it's important to have it. later on, the conversation on this program the difference between getting what you just talked about the metadata, the numbers and the connection as opposed to the content. because legally, it's a lot tough tore get content than it is to get data. >> thank you all. coming up, a lot more. other stories we are following today in our top stories, if you live on the east coast, can you plan on a pretty wet weekend. tropical storm andrea already drenching florida and expected to dump heavy rain as it continues its path northward. it is lossing strength. don't let it fool you. flash flood watches are in effect in parts of 13 different states. washington, i'm looking at you, you are looking up to six inches of rain today. here in new york city, in the state, we could get one-to-two

inches of rain per hour, per hour at times tomorrow. looking at the marnlth markets, after a better-than-expected jobs report this morning, had an interesting effect on unemployment it's up, even though the footballs are good t. labor department reported 175,000 jobs added in may. is more than the analysts expected. it's better than april, too. the u.s. unemployment rate edging up, though, just barely, to 7.6%, still fought good enough in a recovery. another news, overseas, britain's 91-year-old prince philip is about to undergo surgery in london today, buckingham palace says the husband of queen els intet in good spirit. he is expected to spend two weeks in the hospital after what is called an exploratory operation on his abdomen following tests the week t. palace says the procedure has been planned, it is not an emergency. prince philip turns 92 on

monday. back to the federal government spying on your phone records, maybe even your credit card purchases and more. is this our new normal? or is the government now being to far? it is a great question and one we must ask and discuss. the new york former mayor rudy guiliani to discuss if he knows intelligence is critical in working against terror. on the other side, jamal says spying has got to stop as americans are losing their civil liberties in this country, precious liberties. later, our chief whois correspondent jessica yelin traveling with the president. the popp topic is about cyberattacks, how high will that be for all the reporters who want to know more about all that spying. quation... before reminding ourselves that some bonds are more valuable than others... and before weighing the ups and downs in your life over the ups and downs in the market... we changed the way we help you live in retirement

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back to the story so many people are talking about today, debating, arguing, agreeing with or really fearing, the united states spying on americans. honestly, there is no other way to put this. it is spying. a debate is raging over whether we are spying too much or just enough because we all need to be protected, right? former new york mayor rudy guiliani is probably one of the

foremost voices on this, because are you the guy at the forefront of dealing with post-9-11, how to deal with those guys before they perpetrate 9-11, here we have boston, here we have florida, attacks. it's hard to come down on an answer. >> first of all, it's very troubling, but we don't know the exact dimensions of it. did this go further than what was done in the past? my association with the pfizer corporation by and large, they were very prudent, very judicious. it happens only when there isn't quite probable cause, we are talking national security, something close to probable cause, they're not going to sign, get all the records, then you can go fishing. >> okay. i'm going to tap you fought just as the former mayor and fighter extraordinary, as a former u.s. attorney, a man who knows a lot about the law and about -- and get probable cause for millions

of records and how me, little old me has nothing to do with terror might get caught up with a track net because i might have 15 links of kevin bacon. >> so i can physical out what they say. >> what is the cause in that? >> the idea is if have you all of these connection available in the super computer, then when you need to find something, when you need to make a kerks you got all the data there. >> it's pretty speedy, isn't it? you are not waiting weeks? >> i'm trying to explain it so i can defend it. you gather all the data the connection, you got them all. 99.97% you never look at or have to deal with. then when you have to make isch, it's there at the ready. you can get it within one minute or two minutes. >> one minute or two minutes could be critical. >> i'm guessing, maybe i made a best better case or a worst case. i'm guessing. the problem here is the president is a president who is going to slow this down rather than speed it up.

>> now you are getting political on this. >> this is why the people don't trust it. the fact is he has to explain. we can't have this explanation like clapper gave, well, it wasn't done wittingly. >> he said not wittingly. >> i can't figure that out. >> first of all, he said no, and it required a second question. >> not wittingly. in other words -- >> let's play it, in case anybody missed the top of the program. here is the director of national intelligence, james clapper speaking answering questions at a national senate intelligence committee hearing. he was asked specifically about the millions of us whose data may or may not be being checked. have a look at it. we'll talk about it in a moment. >> does the nsa collect any type of data at all on millions or hundreds of millions of americans? >> no, sir. >> it does not? >> not wittingly. >> you are laughing.

you are laughing. >> the whole body posture and the body language, having been in court. >> i don't like the no, sir. >> the no and then not wittingly. >> that part i get. >> but it starts to create a defense for the no. >> listen, you are -- >> all of a sudden he said no, now he realizes, oh my goodness, there is something going on, i better say not wittingly. >> you are a conservative republican as romney anyway. this would have been the kind of thing i'd have expected you to come out right away and say, look, you got to fight the bad guy, sometimes you got to do the things you don't want to do. especially i'm hearing you say, look at the background, james rosen, the irs, how can we trust these guys? >> i think that's the problem. >> isn't that the problem? let's we serious about this. >> it's being realistic. the president develops credibility or he doesn't. the president has squandered it away. this is like crying wolf. you cry once, the fourth time,

he pay very well be right about this. >> look, if it's a credibility issue, all i can say to that from my very miniscule knowledge, all of this is classified, is you have bipartisan support all over the map on this thing. >> right. >> you got three levels of government weighing in on this thing. it's okay. >> i tend to think they were probably right. on the other hand, you got bipartisan criticism as well. libertarian republicans, liberal democrats, very, very out raged about this. >> let me ask you. >> i don't have the details. >> we were talking about this massive vault. a vault of information you said, terrific, in a minute or so, we can access, triangulate and get a bad guy quickly. at the same time you got a big vault, people like this one that leaked it to "the guardian" out there. how secure is our vault? it's critical information. apparently, it's so critical that the people that hand him it are trained if fisa. >> nothing is secure. anything that is available on the internet, anything that's in the computer, somebody can try to get.

now, they might not get it. they can get it. there is a second problem here i have been worried about since before september 11th, which is the data glut. the overwhelming amount of data that we now collect. sometimes makes it harder for us. >> to get through it. >> to get through it. because we don't necessarily have principles of relevancy or another controversial topic and because there is a certain political reluctance to profile. what profiling does for sui cut through the general amount of information with the most specific information you are looking for. >> i haven't heard profiling come up. what i have heard is patterning. >> they don't want to say the word profiling. profileing is considered to be a bat word. >> sure, patterning is not a bad word. let me give it to you straight, mayor, if you had the opportunity to use this trove of information prior to 9-11. >> in a second. >> could it have happened 9-11 had we had these freedoms?

>> yes. if we used the information correctly, had the proper human intelligence, we know what to look for, know what not to look for, if we properly profile, which is you look for the characteristics that are most likely the person who did it. if somebody reports to me a 6' 4" white man committed a crime. i don't look at the entire population. the crime is farrowing it down to suspects. so is profiling. >> at some point if some of this gets declassified 'tween before 2038. >> honestly, you and i don't know what we are talking about. >> i hate admitting i don't know what i'm talking about with a guest like you. the truth, it's all qualified. >> i am going to guess it's legal, no. 1. >> you better. >> i'm going to guess it's appropriate, no. 2, i i'm also going to say, it has to be examined, because -- >> good luck with that. the examination part. >> somehow, this has got to get out. we have to lock at it. somebody has to look at it

beyond the committees. they sometimes become inside baseball. >> little known fact the reason you hear is because your baseball canceled today. that would be thanks to the weather. mayor guiliani, thanks, it's a great zuchlths i'm sure it's not the last time we will be discussing it with you. some say enough is enough. i'm going to talk to the deputy legal director of the aclu when i come back and put tough questions to that person. because within it comes to your secrecy, is your privacy more important than your privacy? where is that balance struck? it's coming up. day hi! hi, buddy! that's why the free wifi and hot breakfast are something to smile about. now, get great getaway rates and feel the hamptonality mommy's having a french fry. yes she is, yes she is. [ bop ] [ male announcer ] could've had a v8. 100% vegetable juice, with three of your daily vegetable servings

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co . >> so is the government spying un, monitoring your cell phone calls, your e-mails the victoria secret bra that you bought? in so many words, that's an entire possibility on depending on where you are and will is a dragnet maybe by mistake. this after two newspaper the washington and "the guardian" reported the national security agency and the fbi continue and

continue to collect vast amounts of enfor the. how much is too much in terms of trying to keep us safe? how far is too far? in the latest cnn "time" orc poll taken two weeks after the boston marathon bombings, about half of you asked were not willing to give up civil libertys to curb terrorism, but four out of every ten were. after these revelation, you got to wonder if those numbers would change after we have been hearing that it's been going on so much. let's bring in jameel jaffer, the legal director to delve into this. i think i know what you are going to say. i want to push back on it. jameel, it seems to be a moving target. what are we willing to do? people complaend and skwaukd in 2002 that they had to take their shoes off. now no one even noise it any more, are we getting more okay with people watching us, considering we put ourselves out

there on youtube every day? >> well, you know, i think part of the problem here is that we don't often know what we are giving up in terms of civil liberties. so much is secret. all of this was secret until two days ago when "the guardian" and the washington post revealed this broad dragnet of everybody's 230e7b phone calls, not the content the metadata, who you called, where you were when you made the call. all of that information is swept up into government databases. and we never had a debate about whether that was wise or legal or necessary. all of it was secret. so you know i think at some point you may have to ask this question what are you willing to give up? although, i think those questions come up relatively rarely. sought some point you might have to ask it. before you ask it, you have to have some information about what the government is doing. too much is secret. i don't think i ever said this before, i agree with rudy

guiliani, no president should be trusted with this kind of power. this is the kind of power that not only can be abused but will inevitably by a buused if it's not subject to real oversight. i think the disclosers over the last couple days made it clear there hasn't been no oversight. >> to that point in your mind, you said it yourself, there is a vast difference between metadata and content and for those forgetting those terms the metadata is the phone number you called the time you made the call. not what you said in na call in that call. >> there is a difference. >> there is a massive difference even when it comes to these warrants. for when you don't need a warrant necessarily all time t. supreme court made that very clear. for the other, you do. in these kind of searches that have been going on and under surveillance, it's meta, it's not content. >> right, i'd say two things to

that, first, i don't think the supreme court has decided this question. the case that the government keeps citing, these are cases from the 1980s and they involve discreet requests for meta data, to requests for meta data about one person's phone calls over a short period of time. that's quite different from asking for everybody's metadata for a three-month time or a seven-84 term which has gone on here. io eng the scream court has ever considered. the other things, are you right, there is a difference between metadata and content. but metadata can be quite sensitive. if you imagine a program under which every american had to at the end of each day submit to the government a list of the people they had called, how long those conversations were. where they were when those conversations took place, i don't think anybody would stand for it. that's exactly this program. the only difference is the government did it in secret.

>> that civil servant would be bored to tears with my list. let pe get your reaction. when it comes to the supreme court, 1979, smith vs. maryland regarding the 4th amendment and search and seizures, the supreme court, you know, has held that there is no legitimate expectation of privacy for phone records that are held by a third party which can be seized without a warrant. again, that for the meta, not for the content. my question to you is when a lot of people hear of what's going on, they hear it's meta, they sort of think, that's a slippery sloan, ain't it? is it? >> well, it is a slippery slope. i don't want people to accept that meta data is not sensitive. >> it's intn settled. that's been settled. right there. case in '79 sugged if something is held by a 3rd pare, it can be accessed without a warrant. >> no, but again, that was a case involving a discreet amount of information about a

sainte-paul group of people. -- a sainte-paul group of people. -- a small group of people. there is a huge difference. there is a case from last year called u.s. vs. jones in which the court actually said that it's one thing to gather a small amount of meta information, in that case it was location information, over a small period of time, a short period of time and quite another thing to gts it over a along period of time involving many people. so i think there is a dwiemps i difference between a discreet amount of information and infinite amount of information, which the government is collecting here. >> when you look at it. no matter where you fall on the political spectrum the bushed a penstration's requests for fisa material have dwarfed, have been dwarfed by the obama administration. rudy guiliani said publicly as a conservative republican, this is the kind of tool i wanted. to be able to target toor. so in your estimation, you have

a democratic administration, why do you think that it is doing this if it weren't for the democratic principles of safety as opposed to far reaching conservative principles of targeting? >> well, i think there are many reasons for it. it's nothing new. every government wants power. it's not limited to republicans or democrats. it's just a fact about the world. and you need to have institutional checks and balances to make sure that that power isn't abused. none of this is, you know, none of this is controversial. these are pinsples that were a part of the -- this is why the founders of the united states founded the united states because they believe that there ought to be checks on government power. now, i think that the disclosers over the last couple days make entirely clear that the checks that exist right now are insufficient, that there hasn't been sufficient congressional oversight, and most important

there hasn't been sufficient public oversight because the government has disclosed far too little information about what it's doing. now, everybody septs. there has to be some degree of secrecy. >> the oversight, i don't know if this is sufficient or not. it sounds good, every 90 days congress is inform about these checks and balances. sadly, it is classified, therefore, you and i are not privy to what these stitial checks and balances are. there is that mechanism in place. >> let's ask that question. why is it classified? why is so it sensitive? why davent government say we are checking this information, everything about every phone call you make. we can't tell you about any specific investigation. here's why we put the program in place. this is why it's necessary. these are the checks in place to protect privacy. you make the decision. is this a wise policy or isn't it? >> thomas jefferson once said, people who expect to be ignorant

accept what number will be. i am wondering if he was talking about the bad guys or our government. thank you for your insight. great insight as well. in about 20 minutes from now, we are expecting to hear from the president himself what is he going to say about this? probably nothing. he is in san jose, california, wanting to talk about health care an health care law there. people throughout the country want to know why the government is engaged in a spy operation. will he take questions? more in a moechl. music ... music...

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. >> the east coast is getting absolutely drenched by tropical storm and 82 as it continues to roar northward up the country. flash flood warnings are in effect now for 13 different states, all the way from georgia up to maine.

chad myers is in the severe weather center in atlanta. so in this path, flash flood warnings not for every state, in a significant portion of these states? >> even the carolinas, flash flood warns mean rain can happen at any time. from maine to north carolina, even though the center is still in north carolina, it's rain income boston, new york, walk, through these big cities. it's not so much we will have major flooding, it's that urban flooding, five, six, 10 inches it can't run off, there is condreta to soak in. here's the path in the carolinas, up over boston by 8:00 a.m. tomorrow morning. those watches you said from maine all the way down south of norfolk in this red zone through here, that's i-95 with flood warnings through there, 8 inches of water on some of the roadways in parts of the carolinas. the rain continues today. we've already had a couple inches across georgia.

the big story is how much more is to come in the big cities, two-to-four, new york city the poconos, the water gap, philadelphia, everywhere you expect it to run off because of the concrete will get a couple more today. >> i heard them saying on the morning show this is going to be comparable to the rain during sandy but not the wind. >> exactly, not the wind. some spots in sandy, if you move up into vermont, you had eight to 12 inches. that's in the big cities, exactly what we have in sandy. yes. >> what's that statistic, more people die in flooding than lightning or winds or tornadoes? >> you see it all the time, we tell them, don't dplief the water? what do they do? they dplief the water. they think the road is there. sometimes it isn't there. you fall into the gully and it washs you away. >> there you go. great advice, thank you. he is keeping an eye on it as well. i want to go back to that

top story, how much does the government know about you? do i have have your reports? are they watching you what you type which one of the leakers says, mr. president? really? honestly? is mr. president going to speak about this when he takes to that live mic soon? you will find out in a moment. with premium service like one of the best on-time delivery records and a low claims ratio, we do whatever it takes to make your business our business. od. helping the world keep promises.

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president. cybersecurity is supposed to be the hot button issue for these two. we are accusing china from stealing a whole bunch of information from us, military information, trade information, important stuff. chosen says they're not doing that. they're denying these charges saying hacking is a problem all over the world. chief correspondent jessica yelin joins us live from palm springs. jessica, i thought you and i would talk about this, today i think we will talk less about this and more of what everyone else wants to ask the mr. president, what is going on? but are we going to be able to get answers from him today on this? >> reporter: i think we'll get answers. i don't know if they will satisfy his critics. i doubt they will, ashleigh. you know the president, he will be speaking shortly, but in a statement in which he is addressing the health care law and its impact in california. so he is expected, i think at some point today to at least

take a question about the nsa and reporters will be shouting at him all day. so all along, he has been, essentially, unambivalent about his position on continuing certain aspects of president bush's war on terror, though he doesn't use those words, he continues those policies, this is one of them. i think you could expect him to say when he does address it, ashleigh that, he is acting within the limits of the law, that were passed and authorized by congress. congress reauthorized this law in december and if the american people have a problem with it or the members of congress did, they had their chance to speak then, of course, we will wait for him to say it. you have heard this from him before, he said there is a careful balance between privacy rights and need to protect. it's a heightened dramatic contrast when he is doing this, seated beside the president of china who we've criticized china

for so many years for their intrusions into the privacy of their own people, ashleigh. >> that's actually up with of the first questions i had at work this morning was, gee, if china is hacking into all of our sensitive information, what about that big fat trove of all our personal data that the government is sitting on that apparently at least one person has decided to locate to the nooub newspapers. >> reporter: well, the president i think would make the distinction i distinction and you know we should point out that for china, the criticism, the u.s.'s beef on cybersecurity is largely china's theft of american intellectual properties. so one of the big issues that will come up in the president's meeting with china is that there are these accusations that they've stolen enormous amounts of very valuable, crucial information from major american coveringss and basically remanufactured or put american products and now china has this

intellectual property and can put it on the market and is stealing american know-how. hand the is one of the issue the president is being pressed to bring up in these meetings. so slightly, somewhat different from the charges the president has to confront of whether the government is watching americans. >> it's all fascinating for the president to watch unfold while he's here. at the same time, we want to remind everybody what you said, what i said at the top of this interview, the president is in california in san jose to talk about the affordable care act in that state. there is no mention of questions fielded, jessica, on what everyone else is talking about. >> reporter: yeah, i don't expect him for the address it in his statement. i think he could get asked a question about it. just briefly, he will be talking about the fact in california

there are some 5 million uninsured americans who could get covered and announcing that latino television stations will be rolling out, yeah, advertisements to enroll people. so you will hear him talk about how this could be a model for a nation. >> a big story, on any other day, probably the biggest story. not today. jessica yelin, thank you for your time. i appreciate it. it's good to talk to jessica. she nails it on the head. a police officer is sitting in a place he does not want to be. none of us ever wants to be on the stand in our own murder trial. guess what, a live picture for you. he does not want his face shown on camera, though. the judge obliges. so listen in and hear what he says. he's making some confebruary, but not one you -- confession, not the one you think he might be making. more after this. nsurance agent. maxwell is not. he's on geico.com setting up an appointment

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sheriff's deputy as he talks to a court about the accusations he murdered his own wife. he's explaining what happened on the day that she died. you're not looking at him though, you're looking at the judge because brett seacat has asked while he's on the stand in his own defense that he does not be shown on camera. this is what he looks like when he's sitting at defense table. but you do not get to see him unless you're sitting in that courtroom yourself. prosecutors say that he shot his high school sweetheart who then became his wife, vashti, and then he burnt their home down with her in it to cover up the crime. he denies all of that. the one thing he does say he did is that he's blaming himself for her death. >> it was my fault. for 19 years i was the one who protected vashti, and finally i pushed her into what i was supposed to be protecting her from.

it's my fault. >> you can hear the voice wavering, but you can't see the face. ted rowlands is live in kingman, kansas. also with me live is hln legal analyst joey jackson. first to you, ted rowlands, hard to see what that's like, that reaction he's giving us in the courtroom. but how does he seem, and essentially what is he saying? >> well, he is laying out some doozies this morning, ashleigh. boy, i wish you could see him because he is either a really good actor or really bad actor, depending on your take on his presentation. he's blaming himself for his wife's murder now twofold. first of all, he's blaming himself because the night of the death, not murder -- he says suicide, he says they got in a huge argument and he threatened her to this point where he thinks he drove her to suicide saying if we get divorced, i'm going to take the kids, you'll never see the kids again. and i'm going to publish private

photos of you on the internet and i'm going to expose your affairs. take a listen to this. he claims she had multiple affairs at work and that he was going to expose her and she was going to lose her job. >> i knew that vashti had had an affair with the vice president. and i was suspecting she was having an affair with her boss -- or had an affair with her former boss. >> but after that, ashleigh, he made -- he basically said to this jury that his wife had attempted suicide several times before. immediately there was an objection, they went into chambers, he was not supposed to say that. there was even talk of a mistrial. he's up there trying to engineer this whole thing. boy, today has been quite an eventful morning. >> well, it usually is the most dramatic time when the defendant takes the stand. joey jackson, speaking of that, this is not any defendant.

this is a police officer. >> oh, yes. >> so you know a lot about murders and investigations. but you can know too much as well because the average guy on the stand is supposed to answer honestly, not strategically. >> absolutely. and remember this, he gave a seven-hour interview, right? he gave statements to the police explaining it and the police had some questions about the things he said. a lot of things don't make sense here. it depends upon whether he can explain it effectively, like what, like it's supposed to be a suicide and the gun is found underneath the body. how does that happen? like something else he says he went to save her, however he doesn't have really things associated with the burns on his body that are of the nature or gravity you would think if you're going to save someone. and also there's no blood on him. so it makes -- it begs the question did this really happen? in addition to that, ashleigh, you look at the cell phones he burned the day prior to her murder, you look at the hard drives he burned the day prior to her death. and the fact is that while you may have good explanations when

juries look at things in context of everything, it sort of, you have to wonder, does it all add up. he has some explaining to do, whether he explains it effectively is always another matter. >> there's such a dynamic. his demeanor and the whole jodi arias checking off every perfect thing and didn't work out well for her. >> no, it did not. >> joey jackson, thank you. a lot more coming on that. i want to get you to aive picture right now the fairmont hotel in san jose, california. this is no vacation for the president, by the way. he's expected to speak any moment. the question is will he address the latest controversy that seems to be rumbling through his administration, the government secretly gathering vast, massive, huge swaths of your information right across the country, or will he just stick to china? all that in a moment. [ female announcer ] your smile. like other precious things that start off white, it yellows over time. when it comes to your smile, if you're not whitening, you're yellowing. crest whitestrips whiten as well as $500 professional treatments. guaranteed.

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welcome to "around the world." i'm suzanne malveaux. >> and i'm michael holmes. thanks for your company today. >> we are watching now this is out of san jose, california. this is the fairmont hotel. president obama about to speak in a moment or so. you see they've all gathered at the podium. we are in that two-minute warning that the white house often gives when the president comes out or is about to come out and speak. the topic that is on the agenda, he's going to be talking about his health care plan, the

importance of people to sign up for insurance. but obviously a lot of questions that the reporters have. we don't know whether or not if he'll take them or about the widespread reports of the administration listening in or at least collecting -- not listening in but collecting phone records through verizon. >> yeah. john king's standing by. john, in the context of what this is meant to be about today, are we likely to be hearing anything about the elephant in the room? >> well, the main event, michael and suzanne, is about health care. then the president goes on the main reason he's in california, very important, very sensitive meetings with the president of china. but as you know, washington and the country is now having this big privacy debate. we know the administration because of some controlled leaks in recent days is now having broad access to telephone records, e-mail records, even to credit card transactions, "the wall street journal" says. remember, this is a president who said when he took office he said especially in the campaign back in to e 2008 that