safe. we're going to go home now. the stunning decision and now the furious sales pitch. new developments as the president tries to convince congress to strike syria for allegedly poisoning their own people. sentence outrage. the teacher given 30 days behind bars for raping his student. now, the shocking sentence may be reversed. >> luck on the side of this driver. nearly crushed by a massive boulder. oh! look at that. that was a landslide there.

he is an incredibly lucky driver. >> that is incredible. >> good morning to you. welcome to "early start." i'm zoraida sambolin. >> i'm john berman. it is monday, september 2nd, happy labor day. 5:00 a.m. in the east. >> we are going to begin with the president's announcement. he will let congress decide if the u.s. should strike syria in what was a chemical assault on syrian people. there's a sales pitch to convince lawmakers a military response is the right thing to do. >> reporter: secret briefings on capitol hill. the white house making its case to skeptical lawmakers on cnn secretary of state john kerry revealing new evidence to back claims it assad regime killed hundreds with nerve gas. >> blood and hair samples that have come to us has tested

positive for signatures of cerin. >> reporter: after the decision to put a strike on hold saying congress should approve. >> all of us should be accountable as we move forward. >> reporter: aids insist he was thinking of reversing course before the british parliament embarrassed cameron on friday. he sent kerry out for action. >> what is the risk of doing nothing? >> reporter: later, he signals second thoughts. >> nobody is more war ware ray than me. >> reporter: he didn't tell anybody until 6:00 a.m. when he takes a walk with the chief of staff. at 7:00, he tells the national security staff sparking a debate. saturday morning, calls the top team to the "situation room." phones congressional leaders to

get them on board, then heads to the rose garden to stun the world. >> i will seek authorization for the use of force from the american people's representatives in congress. >> reporter: cn nrngs, washington. >> several members of congress remain skeptical about the president's proposal saying it gives the military too much power. they want to see changes before they authorize votes. >> the president's decision wasn't a surprise just here. some saying it's not what they wanted. the arab league and the saudis are urging international action. that is an important development. arwa damon is in beirut this morning. we'll get to the arab league in a moment. give me a sense of what's being said inside syria this morning. >> reporter: well, there's a lot of frustration, naturally, as there has been along u.s. policy

when it comes to handling the situation in syria. ift's taking people by surprise on the one hand, but at the same time, not entirely shocking them. the u.s. has never really been our ally in all this, simply because of the fact up until now, there's been no concrete action when it comes to any of washington's decisions. people inside syria, on the one hand, do want to see those in opposition, do want to see some sort of military action. at the same time, they are saying the proposed strikes put forward by the u.s. is not enough. they want to see game changing action. regime changing action and, of course, that's not what's on the table. many people are saying if all the u.s. has to offer is these pinpoint specific strikes, that, potentially is going to harm the rebels and the opposition and the people more than it is going to harm the regime.

john? >> you are harsh language from the syrian regime calling the president weak and a retreat. i want to talk about the arab league. they put out an interesting statement calling for some type of international action, but they had specific language. >> reporter: yeah, they most certainly did. they are saying they blame the regime. at the end of the day, the regime is responsible for security. they want to see international action along the lines of an investigation and court. they are not specifically calling for military action. this is a very important distinction to make, especially if you remember the rhetoric when the same debate was going on about libya and the league came out and supporting military action. that key ally, the arab league and nation, not necessarily someone or an entity the u.s. can turn to to rely on and is going to support strikes.

it's a complicated situation here. everybody who is watching is anxious. what is happening in syria is not confined to that nation alone and impacting syria's neighbors and could impact the entire region. people are worried about what is going to happen. >> no overstatement to say the whole world is watching what happens in the united states and congress. arwa damon in beirut. thank you so much. we are following a developing story along the afghan border as well. taliban claiming responsibility for attacking a nato base, setting off explosives and setting fire. several of them caught fire. none of the members were killed. an afghan official says all the attackers are dead. terror connections. a classified government document obtained by "the washington

post" saying some porking to work at the cia and nsa had connections to terror groups. the nsa claims to launch thousands of probes. the document was given to the provided by edward snowden, they were leaking before -- to mexico. the documents show the nsa used a surveillance program called the dni presenter to monitor the brazilian president's communications. progress report on the massive fire burning near yosemite national park. the fire is 45% contained but not before growing to 225,000 acres. that is huge. it's an area bigger than 350

square miles, some 5,000 firefighters are battling the blaze that has destroyed 11 homes, caused five injuries. this is the fourth largest fire in modern california history. >> wow. indra petersons is tracking the forecast. are fire crews getting help from the weather? >> a little bit. moisture is the biggest thing. they want the humidity levels up. this is the one thing we are watching. this is water vapor satellite. you can it in a dome of high pressure. the moisture is slowly getting into the area. it bring as chance for thunderstorms. this is yesterday's satellite. these are thunderstorm that is have been popping up in the area the last several days. today, we have the threat in the forecast for showers. winds, keep in mind, could gust stronger when you have thunderstorms in the city. there's the threat for dry lightning as well. a mixed bag. temperatures warming up and drying out if you want to look ahead into the forecast. >> one of the things we have

been watching are the showers wrapping around the high, producing flooding into the southwest. remember, the ground is so dry there. it doesn't take much to get the floods in the area. a lot of flash flooding concerns today as we continue to get moisture in the area. the southeast, we are going to watch a front slowly make its way across, especially paying attention to the front around maine. we are looking for one to four inch ofs rain in maine today. a wet labor day. >> that's too bad, if you have plans today. indra is the bearer of bad news. >> you are welcome, again. nine minutes after the hour. egypt's military rulers tightening their grip. morsi will stand trial for allegedly insighting fellow islamists to kill opponents protesting outside the presidential palace while he was in office. morsi has not been seen publicly

since ousted in july. more than a dozen members of the muslim brotherhood will be tried. the country's top nuclear regulator says signs of possible leaks have been found in several storage tankings. that, after thousands of gall s gallonsover radio liquid leeked out. radiation measures high enough to kill a person within four hours of exposure. >> it sounds like a cause for serious concern there. >> no kidding. for the first time in 12 weeks, nelson mandela is back home this morning. the 95-year-old was releaseed from a hospital on sunday. a government spokesman says his condition remains critical. at times, he is unstable, requiring medical interventions. he was first hospitalized in june for treatment of a recuring

lung infection. his house is equipped to take care of him. incredible pictures to show you from taiwan. we gave you a sneak peek. look at that. a car almost hit by a boulder. this looks insane. >> it looks like a movie. it's like a movie set boulder. >> he's stuck there, right. probably paralyzed. it stopped feet away. the driver emerged with minor injuries. that part of taiwan was set with mud slides. >> 11 minutes after the hour. coming up, the shocking sentence that outraged so many across the country. the teacher convicted of raping a 14-year-old student given 30 days in jail. now, new word that the sentence could be changing.

>> next time i see you will be to celebrate. >> here we go again. >> all right. can she do it this time? diana nyad swimming from cuba to florida without a shark tank. she's already breaking records this morning. we are going to show you her progress coming up next. i was having trouble getting out of bed in the

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rapist 30 days in jail might be reversed. >> the dream for us, he do 20 years. >> reporter: it's expected to take a step toward reality. wednesday, a critical call scheduled between the attorney and the montana attorney general's office. >> that's where i focused my attention at this point. >> reporter: if the state's attorney general agrees that montana supreme court would be asked to reverse the sentence jonlg judge baugh gave. he sentenced him to 30 days of jail after he broke his terms of parole for the rape of this girl. during sentencing, he said the 14-year-old was in as much control as her then 49-year-old rapist and she acted older than her chronological age.

morales wasn't there to speak on her own behalf. she took her life before trial in 2010. >> what i said was demeaning to all women, not what i believe in and irrelevant to this sentencing. i owe all our fellow citizens an apology. >> reporter: despite the apology, the sentence stands. the outrage growing. protests, so far, in billings and butte. more plan to cross the state and one online petition urging him to resign is nearing 50,000 signatures. another, 70,000. a hearing is set to resume for three former navy football players charged with raining a female. the alleged victim spent several days on the stand talking about what she experienced. she claims she woke up with little memory of what happened and later learned the three

players claimed to have had sex with her while she was drunk. the michael jackson wrongful death trial would be closer to the end. promoters for aeg live are expected to wrap up their part of the case this week. arguing it was jackson's addiction to painkillers. they are hearing about relationships with medical providers and close friendships speaking of who was responsible for his care. the fifth time might be the charge for diana nyad. she's trying to swim from cuba to florida without a shark cage. her crew says she's close to her goal. they can see the sunrising over key west right now. nyad is within ten miles of key west going strong after 40 hours. she has swum further than anyone

else without a shark cage on that route, ever. before she left, she said this will be her final attempt. >> there's a fine line between having the grace to see that things are bigger than you are and to let your egogo and let nature, god if that's your world, take over. there's another edge over that fine line where you don't ever want to ever, ever give up. i'm still at that place. >> i love this woman. >> she exists on that fine line. you cannot question this woman's courage, her bravery, courage, perseverance. never giving up. this is her fifth time trying. she is swimming strongly at the moment. one complication, she is unable to keep food down, we hope it doesn't get in the way. if all goes well, she could

finish within hours. stay with cnn, we will bring up-to-minute reports. >> they are looking at the best route to finish up to stay away from jellyfish. >> she's close. closer than before. we wish her luck. coming up, walmart slashing prices on the iphone and the ipad. the deal other retailers will find hard to beat. too big. too small.

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welcome back to "early start." even on a holiday weekend, even with music, it is money time. >> on this holiday weekend, i know you are craving deals. we have that for you. one of the biggest deals, ever, expected to be announced today. verizon expected to pay 1$130 billion for its stake in verizon. it would give them the 45% piece that they own of the verizon wireless joint adventure. that means verizon owns 100% of verizon wireless. both sides confirm they are in advanced discussions and the deal could be announced today. they are the most profitable u.s. wireless carrier. verizon would not have to share the billions in cash with briton's vodafone. on a week that starts with

labor day, the most significant reports on the labor market coming up friday. august unemployment report to show 177,000 new jobs were created last month and unemployment stayed at 7.4%. this is a pulse check of how the labor market is doing and should be a key element on whether it's going to begin to pull back from the $85 billion a month of bond buying it's been doing. that will have a major impact on interest rates. so, are you looking for a new iphone? >> yes! >> listen up, john. why? i'm joking. walmart is slashing prices of the 16 gigabyte iphone 5 to $98 cheaper than the $129 they were originally charging and way below the $200 sticker price for that phone. to get the discount, you need to sign up -- there's a catch, you have to sign up with a two-year contract with at&t.

it comes with the unveiling of the iphones and the brilliant colors that are the rumors. >> champaign. >> and other colors, gold, oh, it was champaign. >> he's going to bling his out. >> diamond encrusted. let's talk about money, shall we? >> yes. >> this is the highest price ever paid for a player in the professional soccer league. gail is going to madrid for $130 million. he played for the hot spurs and was a premier league player. the deal was expected for months though they insisted the star player was not for sale. >> this is the biggest four story. everyone watching soccer, he is one of the best players of the world going to join the other best player in the world. it is a big, giant deal for big,

giant money. >> i'm not surprised. >> no. >> twitter is blowing up. >> are you excited about this? >> i think he's making the wrong move. that's for him to decide. >> why do you think he should have done that? >> closer to home. he had a big impact on the premier league. i think he could get lost playing with renaldo. >> it's a lot of money. >> he doesn't make it a lot. he get as hefty salary, but there's weird fees that go on in soccer. >> we are going to take a quick break. we'll be right back. of ways you can get cash back. i'm here to help you get the most out of your cash rewards. it's personalized, and it's free. i want that. we have a concierge! at discover, we treat you like you'd treat you. get the it card with cashback concierge. is that true? says here that cheerios has whole grain oats that can help remove some cholesterol, and that's heart healthy. ♪ [ dad ] jan?

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will the u.s. strike syria? world leaders weighing in on the syrian government's reported use of chemical weapons and whether anything should be done about it. we are not going to find him if we are not searching. >> a mother holding out hope for her young son who disappeared more than three years ago. >> it started coming down really quick. whoa, whoa, whoa. >> look at that. flash flood rescue. a woman and her baby stranded when rains washed out the road. that's scary. >> welcome back, everyone. this is "early start." i'm john berman. >> i'm zoraida sambolin. nice to have you with us this morning. happy labor day to you. >> big news story around the world. the intense campaign to win over congress now that president obama asked for legislative approval for a military strike on syria. the administration briefed lawmakers laying out the evidence they say shows the

assad regime used chemical weapons on its own people. members of congress are saying they want to change the language of the president's resolution. they think the president is asking for too much authority. secretary of state, john kerry took to the sunday talk shows saying the samples from damascus showed signs the gas was used. today, president obama will meet with senator john mccain who has been an outspoken advocate for striking syria. a hearing on whether to authorize the military strike. among u.s. allies, the reactions have been mixed, so far. it's not clear if they might join in if congress gives to okay to go after the assad regime. we are hearing reports france, france now, plans to present evidence of this attack to its

lawmakers today. what can you tell us about that? >> reporter: france has always been a strong ally of the u.s. and would support any military action. like the united states, france's president doesn't exactly need his parliament's approval to take military action but there will be a debate on wednesday. before that debate, we understand from the press, the news agency in france, some lawmakers will be given classified evidence before the debate for them to evaluate. it seems to be part of that push to convince, not just congress, but really, the international public, lawmakers of the case for military action in syria. now, across europe, it's a much more mixed view. in britain, there was the vote denying any -- rejecting military action by britain. there are suggestions there could be a second vote here if new evidence comes to light. it could be brought up before

parliament, again. >> there's the news of the arab league making a statement in support of international response, but not an explicit call for military action. how might that affect things? >> reporter: yeah, it was an interesting statement. it didn't say, you know, take military action only if approved by the u.n. or security council. it asked for a strong response, but stopped short of supporting western military action. it seems to be a good sign for the obama administration, certainly president obama can say we have regional support from saud di- arabia, a big supporter of the syrian opposition. it does seem that this sort of support is coming in, but everybody is holding back from supporting full military action at this point even though everyone agrees there's some strong action that needs to be taken. >> so many different parts of

the world. important to stay on top of it. thanks so much. 34 minutes past the hour. in oregon, volunteers searched for a young boy who has been missing for years. kyron disappeared in june of 2010 after his stepmother says she dropped him off at school. it spurred a huge search effort. the 7-year-old was never found. more than 100,000 people scoured the portland area saturday and sunday trying to find clues. his mother says they did have some success. >> this weekend's search did a great deal. i can't talk about a lot of the details because it is an ongoing criminal investigation and a lot of this information has to go to law enforcement. but, i can say that it was successful. we had a ton of resources out there and we cleared a lot of land. >> no one has ever been charged

in the case. police are hopeful kyron can be found and can be returned home. a tragic story from new york city this morning. simply awful. a 1-year-old baby is dead after being shot. police say it happened sunday evening when the boy was being pushed in a stroller across the street in brooklyn. shots were fired, the boy was struck and killed. >> it's devastating and it's terrible. our young people have to understand, people in general, that guns kill. >> a family is distraught. the young mother and young father are hurting badly. they lost a 1-year-old child. >> really is -- it's not clear who was behind the shooting and if the child was caught in cross fire or the parents were being targeted. in new york, a music festival was canceled after two people died. organizers of the electric zoo

festival says they shut down the event in light of the deaths and illness of at least four other people. officials believe the deaths were drug related, possibly mdma, the main ingredient in ecstasy. in california, crews reporting some progress fighting the massive fire near yosemite national park. the smoke from the blaze is starting to ease. containment is up to 45%. it's a lot more than it was last week. still, this is the fourth largest fire in recorded history in that state having burned through 224,000 acres. >> such a massive effort. so many people risking their lives there. this was the scene near las vegas as thunderstorms led to flash floods. berman is in the background saying wow. it is a big wow. water carrying tree limbs,

rocks, and cars. it collapsed part of a road. a woman and her baby got caught when their suv got pushed into a tree. >> all this stuff started coming down really quick. we're like whoa, whoa, whoa. >> turned around and came down and saw that and stopped. amazing. >> police were able to get the mother and her baby out. they are -- oh, look at that. they are doing great. it's wonderful news. it may be a few days before residents get a handle on the damage there. mother nature is fierce, isn't she? >> we have indra here. a lot of action here. >> i wanted to show you the radar from yesterday in that area. it's a tiny cell. it doesn't take much at all. one thunderstorm moves over the area. the land is so dry you start seeing flash flooding. that is the concern today. we saw it all over the region throughout the weekend.

a dome of high pressure and the moisture out of the gulf goes into the southwesterly states. this is something you see this time of year. it could bring more moisture toward yosemite. with the threat of thunderstorms you have strong winds as well. the flooding concerns are high again. again, strong thunderstorms a heavy amount of rain in a short amount of time, flash flooding. we are watching a cold fronlt. this is where i don't make friends. it's pushing through the northeast and the southeast today. pretty much all of you are talking about rain and some of it heavy. one to two inches. some places up toward maine, two to four inches of rain in the heavier thunderstorms. >> hope you had the barbecue yesterday. >> most people probably did, right? >> you think? coming up, a tale of a tail. a dolphin and a human in a special connection that got them both in the same pool for a swim. >> you know this is going to be good.

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welcome back to "early start." it is 42 minutes past the hour. remembrances continue to flow in for david frost as we report, frost made a name for himself talking to the famous and infamous and always finding out something you have not heard before. >> one, you could get a million dollars and you could get it in cash. i know where it could be going. >> reporter: sir david frost was best known for his pointed interview style. >> two, your guy to keep under control is hunt. >> reporter: at no time was that more evident than his interview with former u.s. president, richard nixon. >> let me stop you right there. right there. >> reporter: it was a historic battle of whits that lasted until nixon was compelled to say what the american public yearned for most, an apology.

>> i know how difficult it is for anyone and most of all you, but i think people need to hear it and i think unless you say it, you are going to be honed the rest of your life. >> reporter: at the time he was a talk show host in bris tan known to hold the prime ministers to account. he was little known in the united states. frost paid nixon $600,000 for acce access. >> if anyone failed to get anything out of nixon. it would have been disastrous. >> reporter: far from a disaster, the interview was the landmark achievement of his career, the stuff of movies. he was played by michael sheen in the 2008 drama, "frost nixon" based on a stage play by the same name. frost interviewed seven american presidents and eight british

prime minister. >> if you could choose one to lead the country you were living in, which would you choose? >> george h.w. bush. >> george bush, sr.? >> yes, he was wise, cautious and knew what he was determined to do. >> reporter: great lines from subjects like desmond tutu. >> i said, now, i always think of you as an optimist. he said, i'm not an optimist, i'm a prisoner of hope. great phrase. >> reporter: he had a program on an international network. for years the staple of bbc morning television. breakfast with frost, which he would end with his signature sign off. >> join us next week until then, top of the morning, good

morning. >> he was 74. cnn, london. >> it is a great loss. such a compelling character. 45 minutes after the hour. we have a wonderful story to share with you about a boy and a dolphin with a lot in common. you may remember winter. winter is the dolphin with the prosthetic tail. this 8-year-old has a similar story. he's an amputee. he lost his legs and fingertips to meningitis. his father built him flippers that let him swim. he came from england to orlando for a chance to get in the water with winter. >> the feeling was just great to be swimming. it was emotional to be swimming with a dolphin. i love dolphins, but the best thing i loved was winter. >> unbelievable. >> it brings him so much hope

and courage. >> he no longer wants to be a train conductor when he grows up. instead, he wants to work at the aquarium and be with winter. >> what a sweet story. >> it's happy tears. let's check in with chris cuomo and kate bolduan to see what's coming up on "new day." >> we are doing what most people do on labor day, labor. >> yes, we are. >> good to have a job. feel good about that. >> good point. >> tough day to have a job for the president. president obama is in full campaign mode. he's trying to get support from congress to go after syria. it's a tough sell. we have in-depth analysis from reporters from london to washington. we'll have congressmen on. it's their decision, the men and women in congress on whether or

not it goes forward. we'll give you the whole story. >> lots to talk about on that. it's one of the most iconic images from september 11th. you can see it right there. the american flag raised on a pile of rubble. where is that flag now? now, how could such an important piece of our american history have gone missing? we are going to talk to a new director that explores that mystery. >> when they raised that flag, people down there at ground zero believe that was the first day there was real hope things would get better. it was a huge moment. really was. interesting follow up. >> quite a mystery surrounding it now. >> it's a great documentary. thanks. coming up, nascar drama, caught on camera. this time, it's what happened when the race was over that has the sports worlds talking. too big. too small.

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51 minutes past the hour. the georgia bulldogs came up short against clemson. the game is not all that was lost. malcolm mitchell injured his knee and will miss the rest of the season. you will not believe how he did it. andy joins us with more on the bleacher report. good morning. >> good morning, pzoraida. >> you never expect this to happen. georgia got on the board in the first quarter with a 75 yard touchdown. the bulldog receiver runs after him to celebrate. check out number 26. he went up, came down wrong on his knee. you can see him limping there. he tore his acl. he will now miss the rest of the season.

definitely a tough break for georgia. today on bleacher report.com, you can check out johnny manziel. he threw three touchdowns on only six passes. he got into it with a few of the owls. here, you can see him pointing to the score board. he got a 15-yard penalty for taunting on that one. he was benched for the rest of the game. many are piling on johnny football for his antics. joe said he's quickly becoming my favorite player in the game. well the beat between serena williams and sloan stephens is over. the 20-year-old stephens beat serena. serena was cold to her and unfollowed her on twitter. for now, serena moves on to the quarterfinals.

drama, drama, drama. while racing for third, they run into each other. once they get back on the track, they continue to trade. they come to a stop, a member of the team goes after him. it doesn't stop there. his girlfriend runs after him and she slapped him. >> no way. >> zoraida, it was an intense slap. he actually had a dislocated jaw. >> seriously? is he pressing charges? >> he's filed a complaint. no word on if the punishment is going to come down. maybe they be ban her from the track. >> i don't understand that. that is insane. there's a lot of passion in nascar. thank you, andy. we'll be right back. [ male announcer ] this is jim, a man who doesn't stand still. but jim has afib, atrial fibrillation -- an irregular heartbeat, not caused by a heart valve problem. that puts jim at a greater risk of stroke.

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well, that's it for "early start." thanks for being with us today. it is time for "new day." take it away, chris and kate. >> see you later this morning. >> it's almost to top of the hour. here on "new day," even on labor day, it's time for your top news. >> i will seek authorization for the use of force in congress. >> full core press. a strike on syria, classified briefings with congressmen. today, hear what the lawmakers are saying. >> for the history books, former diana nyad closer than ever to

the florida shore. her dream to swim from cuba to the u.s. nearly in sight. we are live with the latest. close call. the terrifying moments caught on tape. a driver nearly washed away by a mud slide. then this, a giant boulder thundering down after it. your "new day" starts right now. announcer: this is quu in the good morning, everybody. welcome to "new day." it's labor day. monday september 2nd, 6:00 in the east and we are watching one really tough day in prozbresz. this is the route that diana ny as k d is taking. now she's expected to arrive

within hours, way ahead of skek and we're going to bring it to you as soon as it happens. >> plus take a look at this video. a mudslide in nevada, the driver had, rescued an the forecast calling for more flash floods across the country today. we're going to be tracking some wet labor weather for you this morning. we also have breaking news out of syria. we've been tracking what's been happening here but we have two pieces of news internationally for you. the aircraft area, one of five ships moving into the area. also, word that the u.s. marines have had their website hacked. he's get to brianna keilar covering this out of the white house >> reporter: after a dramatic weekend was president obama and his top aides are flooding the zone as they put it trying to win over