thanks very much for watching. i'll be back, 5:00 p.m. eastern, in "the situation room." i'm wolf blitzer in washington. "newsroom" continues right now with brooke baldwin. hi, there. i'm brooke baldwin. great to be back in the seat today. i am sorry i missed the fun last friday involving house speaker john boehner. >> are you kidding me? >> sorry. i have not seen that. john boehner critiquing his own side. his conservatives, his republicans. for the role in forcing october's government shutdown for which, surprise, surprise, they ended up getting the blame. roll it again. >> are you kidding me? >> sorry. so, with october's disaster in mind, speaker boehner rallied his troops last week, enough so

that democrats climbed on board and he finally won passage of a real live federal budget that covers the next two years so no more government shutdown, no more threats of government shutdowns for at least 24 months. unless -- that is where we are in this moment on this monday afternoon, because unless republicans, you know, boehner's party in the senate decides to wreck boehner's handiwork. it's kind of a funny thing, right? because the senate is supposed to be the adults, the ones a lot more likely to compromise than the hot heads roaming around the house, so we hear. dana bash, our chief congressional correspondent is joining me. this landmark, this budget here, it has to survive several votes in the senate. it needs 60 yes votes tomorrow, so that means at least five republicans will have to support this compromise, yes? >> that's exactly right. tomorrow is the first key procedural vote. it would require 60 to effectively break a filibuster. and just so our viewers understand what we're looking at

with regard to the numbers here, the party breakdown of the senate is 55 democrats, 45 republicans. so just as you said, brooke, just assuming for argument's sake here that all democrats support it, which we're not sure they will, but assuming they do, you need five republicans. we do have five republicans on the record saying that they are going to vote yes, at least for the procedural pressure. john mccain, susan collins, jeff blake, richard burr, and ron johnson. i talked to ron johnson just a few moments ago on the television, actually, making his way back from wisconsin. ironically, with paul ryan on his plane, and he said he's supporting this for a few reasons. number one, because he wants to make sure there's no government shutdown. he heard that from john mccain right here on cnn this weekend. number two, because he's a business person and he wants stability for the economy, and number three, because he knows he was elected in 2010 with the backing of the tea party, and he support it, so he wants to get out earlyads a leader. that gives you a sense of where

things are going. republican sources and democrat sources in the senate, brooke, say they're pretty confident by the time we get to the procedural vote tomorrow, this will pass comfortably. >> okay, so we know, as we mentioned before, the chamber we were watching initially was the house. we talked about that last week, would it pass? yes, we know it did. why are we even sort of questioning, not that we entirely all, the fact this could hit trouble in the senate? >> absolutely. i mean, this is legitimate that we don't know for sure. we didn't know for sure, really, until today that there were the five republicans. it really is sort of opposite world here because i was talking to a house republican source who just reminded me, i don't think this has happened since the house has taken over. meaning there was a big bipartisan vote in the house that has been a little more, maybe a lot more challenging in the senate. the situation and the atmosphere with this particular budget deal is that you have a lot of republicans, even senior republicans like the number one and the number two, mitch

mcconnell and john corner, they have primary challenges so they're unlikely to support this. you don't have the leadership from them twisting arms or cajoling their rank and file. another thing on the substance, you have some time for some of the details of this to come out. and some republicans are upset about this. not comfortable with it, because military retirees would lose some money long-term with their pensions. and there's a lot of pressure from these military retiree groups on these senators to not support this. and we were told they were kind of caught flat-footed when the house came out with this, the compromise was put otand voted on fast. now they have had a long weekend, five days to sort of look at it and get their lobbying troops up and running. they have been somewhat effective, but again, big picture, sources in both parties feel by the time you get to this procedural vote, it will clear the 60-vote hurdle and maybe then some. >> we'll watch for it tomorrow.

dana, thank you in washington today. >> if the whole pope thing doesn't work out, francis would make a pretty good cable news pundit because he's not afraid of taking on his critics. the leader of the world's catholics responding to folks like rush limbaugh who called him a marxist. he told an italian newspaper, marxist ideology is wrong, but i have met many marxists in my life who are good people, so i don't feel offended. joining me now, father edward beck. so nice to meet you in person, by the way. >> thank you. >> let's just begin with, in all of your studying and knowledge of the pope's past, have you ever heard of a pope taking on a talk radio show host? >> no, i can't say that i have. however, he was asked in an interview about this. and you know this isn't a pope who shies away from answering. this is i think the third interview he has given. remember the impromptu one on

the plane back from brazil? unlike other popes, he'smedia. >> even though we're not hearing spivly the name rush come out of his name, we know who he's responding to. do you think he should be responding? do you think it diminishes his stature? >> i don't, because i think what people like about him is his willingness to respond. rush isn't the only one who has said similar things, by the way. if he's going to critique global capitalism, which he has, and he says it's not equitable, people say, what do you believe? he has a responsibility then to say what he believes, and he's saying it. >> it's clear what he believes when it comes to money. this is the pope's point of view, but it's fair tosy that a lot of conservative catholics around the world do not agree with this man. >> the acts of the apostles, the early community said you're supposed to pool all your resources and if somebody doesn't have enough, you have an obligation to give to them. so the early christian community really was a socialist model.

now, in later incarnations of that, we know politically, it began to be oppressive and didn't work out at all. if you look at real christianity and the early church, they thought they were going to be around for a little time, that the end of the world was coming. >> it changes things a little bit. >> it does. the pope is saying you have to take care of the less fortunate. global capitalism isn't working. trickle-down economics doesn't work. you may not like marxism, but how do you make those who have are going to provide for those who do not. that's his point. >> fascinating to me that there is some pope francis story that comes in to us weekly, daily. >> he's a rock star, isn't he? >> thank you very much. appreciate you. now to this. you know the big guys with the stars on their helmets? the boys from the big "d"? well, did you hear what happened to the cowboys? good things it's just a game because the storied dallas cowboys collapsed. so completely on sunday.

the texans not left totally speechless are screaming for heads to roll today. here's cnn's ed lavendera. >> if you thought the meltdown after the recent texas ice storm was an epic sight to see -- >> holy crap. >> it doesn't compare to the hot blooded rath of a city after the dallas cowboys seemed to rewrite the definition of meltdown. >> that was an absolute disaster that you can only explain by it being the dallas cowboys. only team in the nfl, the only team in football going to pop warner that can blow a game like that. >> on sunday, the cowboys had a 23-point lead at halftime over the green bay packers. after it was all over, the packers walked out of the stadium with a 37-36 victory. the cowboys' defense couldn't stop the packers' backup quarterback, and all the team had to do was run out the clock in the end. but cowboys quarterback tony

romo threw two interceptions, yes, two, in the last three minutes of the game to complete the epic meltdown. after the game, cowboys players mastered the sports cliches that kevin costner's character crash davis, mocked so brilliantly in the classic baseball movie "bull durham." >> we have to play them one day at a time. >> pretty boring. >> of course, it's boring. that's the point. write it down. >> this is obviously a tough one. we're in a position to have a chance obviously to win the game, and we didn't get it done. >> we have to put this one behind us, make the corrections, learn from it. >> the collapse inspired a wave of scathing online humor. yes, tono romo, chronic choking is covered by obama care. dez bryant stormed off the field before the game ended, and jerry jones couldn't find coherent words to explain the collapse. >> this is certainly -- the

circumstances of getting up like we did and playing so well and then not playing the exact reverse the second half is very frustrating. >> the cowboys extravagant new age stadium is often mockingly called jerry's world, named after the team's owner. it may sound like a mabgical setting, but it's where mythical features bring tears to the eyes of cowboys fans, and sheer enjoyment to cowboys laters everywhere. >> a brutal day in the big "d" today, huh, eddy? >> yeah, you know, actually writing that piece this morning, a good bit of catharsis, good therapy for myself. >> sorry to hear that, ed lavendera, but hey, there's always next weekend. i know cowboys fans don't like to hear that, right? >> they've been saying that for more than 15 years here and people are getting tired of hearing it, actually. >> sorry fabout that.

ed lavendera for me in dallas. coming up, have you seen the reality show "sister wives" about the live of a polygamist. well, these folks just scored a huge legal victory. hear what they can now do in the eyes of the law. plus, years of debate for you today. should the u.s. grant amnesty to the man who leaked all those nsa secrets? a top man at the nsa said he would consider it. you'll hear both sides. you be the judge, next. this is for you. ♪ [ male announcer ] bob's heart attack didn't come with a warning. today his doctor has him on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack, be sure to talk to your doctor before you begin an aspirin regimen. if you've had a heart attack, be sure to talk to your doctor stick with innovation. stick with power. stick with technology. get the new flexcare platinum from philips sonicare and save now. philips sonicare.

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information the nsa has been gathering when it comes to phone calls and things of that nature. we learn that this district court judge has now ruled that specifically the nsa actions of collecting calls to, from, or within the united states is likely unconstitutional under the fourth amendment. joe johns is standing by with more on this. he's our crime and justice correspondent. and so joe, just talk to me specifically about the specifics of this ruling and the fourth amendment here. >> hey, brooke. yeah, this is sort of the camel's nose under the tent on the issue of nsa surveillance as it applies to what's known as medidata. we know from months and months of reporting about edward snowden the government has been collecting tons of information about the telephone calls that people make. this is the numbers dialed, the number, you know, that the phone call is made from. where it went, how long it lasted, and so on.

not content of the calls themselves, but information about the calls. so there's a judicial activist in washington, d.c. named larry claimen. very well known. he went to court and sued, saying in part that the medidata program that the nsa uses is unconstitutional. and now what we've gotten is a lengthy ruling from a judge who essentially says, larry is likely to prevail on the merits as to the fourth amendment question of inappropriate search and seizure. so that's one thing. he's also said, the judge has, that he's going to state his ruling, that it might be unconstitutional, and stay his ruling of sort of issuing an injunction in order to stop that program from going forward. he's going to stay that until this case is appealed. so he said, could be unconstitutional, but i'm going to wait and let somebody in a

higher court review this. he says it could take as many as six months for this thing to get worked out, but he's also warning the government, you have been put on notice that your program could be unconstitutional, and you ought to start taking steps now just in case my ruling gets upheld by a higher court and you may have to, you know, take action based on this ruling. >> yep. >> it's a step in the direction of a real problem from the national security agency, but not there yet, brooke. >> okay, no surprise this will go to a higher court. but fascinating that we're now hearing this unconstitutional ruling, specifically from this district court judge. want to broaden out the conversation. david surhoda, our political commentator, and ben. we have talked about edward snowden multiple times on the show. when i heard fourth amendment, this is what you have been, you know, saying over and over and

over, so do you feel a little relieved with this ruling? >> absolutely. i mean, this proved that edward snowden is a whistle blower. he's a whistle blower who blew the whistle on serious crimes. the washington post said the nsa has been violatiing rules and laws about privacy thousands of times a year. my question for the entire political system right now is if edward snowden is going to be prosecuted as a criminal despite the fact he's exposed these crimes, why aren't james clapper, the head of national intelligence, and the head of the nsa, prosecuted for their crimes against the fourth amendment, for lying to congress about this? >> you made that point before. we talked about the clapper exchange. ben ferguson, i know you disagree. go ahead. >> edward snowden may have given information that we already knew about, but he still stole it to

attain it, and he broke the loll to get it. the other issue is he's not a hero, not a saint, because a lot of the information that he did take had nothing to do with this data mining subject at all. he took it because he could. and then he shopped it around the world to our biggest enemies and has asylum to russia. to imply this was one single piece of information that snowdon took from the american government is naive at best or flat out trying to mislead the american people because he is a person who broke the law and stole far more than this information, which by the way, we already knew and was already reported on, and very well could have been challenged in court. so he is no hero. >> this is the perfect jumping off point because i'm sure you all saw the "60 minutes" report, and in case the viewer has not, let me play this. this is how this top nsa official is now describing the scope of what ed snowden stole. "60 minutes" and this official said he is open to any deal to get those secret documents back.

that actually includes an offer of amnesty to snoed dn. roll it. >> he's already said, if i got amnesty, i would come back. given the potential damage to national security, what would your thought on making a deal be? >> so my personal view is, yes, it's worth having a conversation about. i would need assurances that the remainder of the data could be secured, and my bar for those assurances would be very high, more than just an assertion on his part. >> is that a unanimous feeling? >> it's not unanimous. >> not unanimous. let me move on to spell this out. this would mean a free pass back to the u.s. from russia where he's currently sitting there, under this temporary asylum in the espionage charges he's facing here in the just may be dropped. let's be clear the white house specifically today, they're shooting out any talk of amnesty for this man here in the united states. but david, you say bring him

back. why? >> well, i say that he certainly deserves amnesty, except i also would say this. if the nsa is making such an offer, the means the nsa is very frightened about what other information edward snowden has that may embarrass the nsa or show that the nsa has been conducting even more criminal acts against the american people than we even know about. i think that what we need is a congressional inquiry, a congressional hearing that really brings out all of this stuff so that we know what the scope of what the nsa is actually doing in full. >> so there's a bigger concern there as far as what else could be out, whether it's whistleblowing or leaking dependen depending on your perspective. ben? >> it could be an issue that you want people at the nsa wanting to save their own legacy and their own rear ends by making sure no more embarrassing information comes out and it's not an issue of security. if you bring snowden back and

give him amnesty, you're basically saying to anyone who works in government, if at any point you're not happy with your boss, the president, the chain of command, if you're willing to steal information and go out in the world and it's big enough and good enough, we'll let you give it out to the world and invite you back home afterwards. you can't do that, the same way that america has a policy that we don't negotiate with terrorists for american citizens because if you do it once, it will never stop. >> it's a great point. it's a great point. of setting some sort of precedent. david, how would you respond to that? >> here's the thing. i don't buy it. >> go ahead. >> there should be a precedent that says when government higher ups are committing crimes, that whistleblowers should be able to blow the whistle in a way that exposes the crimes in twhat the have committed. that's the precedent that needs to be set. we have an administration, the obama administration, waging a war on whistle blowers right now, making it impossible for them to expose the crimes

happening within the government, crimes against the american people. i think we should feel more comfortable with a precedent set that says whistleblowers who expose systemic problems deserve to be treated as heroes. not criminals. >> you're admitting a major fact, which is snowden took things that are far outside the scope of what you're choosing to talk about right now. >> you're assuming that. you're assuming that. where is your proof for that? you have no proof for that. you're simply assuming that. you have no proof for that. >> hold on. >> go ahead, ben. make your point. >> what we know he has taken is information that has exposed crimes. >> time-out, time-out, time-out, time-out. ben ferguson, make your point. david, respond. go. >> there are millions of pieces of data, is what we have been told he has. he's even claimed that. all of it cannot be connected to one single core issue. that's exactly why the russians and other people offered help, because they had information they wanted that he had that was outside the scope of what he did

and his narcicisstic interview when he wanted to become famous with that reporter months ago. otherwise, they wouldn't have taken the political risk of housing him in russia if they knew everything he had because he gave it up in a report. that's beyond whistleblowing. that's called committing a crime against your country. >> facing espionage charges, david. >> my response is i find it interesting that a conservative, an alleged conservative would berate a whistle blower for revealing crimes against the fourth amendment. >> i'm a true conservative. >> they would not offer him a safe passage back to his country without amnesty or a safe passage to another country. blaming him for being in russia is simply absurd. it has exposed major and systemic crimes against the government. and people who berate him are taking the side of crimnms and taking the side of violating the

fourth amendment. >> true heroes don't have to go to america's biggest enemies to find a place to live if they're such great heroes. that's called being a fraud and a traitor. >> they say thank you for blowing the whistle against crime. a hero in a country says thank you for blowing the whistle against crimes against the institution. it's amazing -- >> guys, let me take the heroes out it. i'm curious, just for fun, david, first to you. if edward snowden were to come back to the united states and that asylum would be granted, what would he do? job wise? >> i don't know what he we do. that's a good question. i don't know what kind of deal he would cut. >> what do you think he should do? >> he's offered up enough information to convict a lot of people in the united states government potentially and potentially reform the nsa. even president obama who has been embarrassed by the disclosures said it has exposed

a lot of systemic problems. >> does he hide? >> i don't know what he would do. you should ask him that. >> i would love to. ed snowden, love to ask him that. ben, what do you think? >> i think if he came back to america, which is probably not going to happen, he would probably hang out with a lot of guys like the one you just heard from and they would talk about how great they are and some patriots even though they're in favor of breaking the law. he's about as employment as george zimmerman is in the country. >> keep billing yourself as a conservative and people who violate the fourth amendment. a conservative is not somebody who takes the side of violating the fourth amendment. >> your definition of conservatism and mine are different. if you say being a conservative is advocating for law breakers, i'm not your type of conservative. >> you're on the side of the people who want to violate the constitution. you're literally taking the side of people who are violated the constitution. you're proudly taking the side of people who are violated the

constitution. and conservatives, at least the ones i know, are not for that. >> gentlemen, leaving it there. should are brought my whistle today. i always appreciate both of you. i love hearing both sides. the passion in your voices. appreciate both of you. david, ben, thank you very much. we'll have much, much more, of course, on this district court ruling with regard to the nsa and the unconstitutionality of the fourth amendment at the top of the hour, and a lot of you talking about what should happen if, if, the big if, ed snowden is granted amnesty in the u.s. >> coming up, more singers are cancelling gigs at seaworld of "blackfish" but are the artists overreacting? i'll talk with someone who says there is a place for killer whales in captivity. >> iowa is the first state out of the gates in the presidential race 2016. hillary clinton is polling well among democrats, but

republicans, a surprising front runner and a surprising drop, actually, in these polls. that's next. you are watching cnn.

the list of performers for seaworld's banned blues and barbecue series keeps shrinking. the latest group to pull out of the all-star lineup is country singer martina mcbride. take a look with me, this growing list. six other musical acts bowing out because of the controversial surrounding the documentary "blackfish" first, the barenaked ladies, willie nelson, heart,

reo speedwagon, the latest pulling out friday. cnn aired this documentary which spotlighted the death of a seaworld trainer by a killer whale. the film also examined how the park treats mammals in captivity. that set off a massive online petition for these bands to pull out of their gigs at seaworld. willie nelson was one of the first. i talked to him last week. he explained to me why he pulled out. >> yeah, i had a lot of calls from people asking me to cancel. i understand there's petitions going around with thousands of people's names on it. so you know, i had to cancel. and i think that also, i don't agree with the way they treat their animals. it wasn't that hard a deal for me to cancel. >> so that was willie, willie nelson. he said there is nothing seaworld can do to change his mind, nothing they can say to him. he just doesn't want to play there.

look at this, though. this is a statement, a huge statement, a piece of the statement from seaworld, calling its critics a small group of misinformed individuals, has invited the bands to see firsthand how it cares for its marine mammals. let me bring in grace, director of conservation for the wildlife zoo and aquarium. my goodness, this list keeps growing and growing. but putting freedom of speech aside, are the performers overreacting? >> well, actually, i think they are. i think it was -- there was a time when i was a kid when rock bands would never jump on the bandwagon or the speed wagon in this case, but might actually rebel against, you know, a group think kind of situation. i think a more courageous thing would have been for them to actually take seaworld up on their offer to go and investigate for themselves because as you say, they're getting all their information from blackfish, which as you know, is a rather one-sided

piece, and really doesn't reflect the kind of care that the animals receive today in this modern age. >> i would say seeing the film, it exposes both sides. we wanted to make sure we had you on, though, explaining -- we heard so much from these artists, but for you, you say, you know, that because a marine mammal is in captivity, it doesn't mean it leads a sad, sad existence. so you tell me, what should seaworld be saying now? not only just to these artists, saying hey, come to our park and we'll show you it's a-okay, but what should seaworld say to the public? >> that's an excellent question. i don't think it's something just seaworld should be saying. one of the issues i had with all my zoo colleagues since the airing of the film and before, we need to be proud of what we do. we do great work at zoos and aquariums. we train animals with positive re-enforcement. we're learning about them and how to care for them, and that transfers over to caring for animals in the wild. it really is in nature that we

see the biggest decline of species. we need that information that zoos and awariums provide us. i would like to see my colleagues speak out more in favor of what they do and not hang their heads down and apologize for the great work that's being done each and every day. >> gray stafford, thank you so much for sharing with us. appreciate it. iowa is the first contest out of the presidential gate in 2016. who is the front-runner among republicans? the answer might surprise you. that's next. stick with innovation. stick with power. stick with technology. get the new flexcare platinum from philips sonicare and save now. philips sonicare. thanks for giving me your smile. thanks for inspiring me. thanks for showing me my potential. for teaching me not to take life so seriously. thanks for loving me and being my best friend.

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i'm brooke baldwin. never too early to talk presidential politics, is it? new poll from super important iowa, scene of the first presidential caucus. approval ratings of top republicans. look at that, paul ryan leading the way at 73%. then you have rick santorum, spending a lot of time in iowa, by the way. 58% there, and rick perry in the top three, then chris christie, marco rubio, and ted cruz. gloria borger looking at interesting numbers. paul ryan, he's been instrumental in the budget that went fairly swimmingly on the

house side this week. i'm wondering what sticks out to you. >> paul ryan does stick out to me. don't forget, he was the republican vice presidential nominee, a midwesterner. people in iowa clearly like him. it will be interesting to see, brooke, as you point out, after this budget deal whether conservatives in iowa will like the fact he was cutting a deal with democrats, but paul ryan is somebody who has been able to straddle both parts of the party. don't forget, he voted to continue the government shutdown last time around. and now he's cutting a deal with democrat patty murray, right? so he's able to do both of those. and this also shows that he's somebody who is an insider in washington. chairman of the budget committee, who is also able to have some appeal to outsiders who don't really like washington very much. so i think this all is very good for him. whether it lasts or not, as you point out, this is -- >> it's early. >> yeah. >> so that's the rs. let's talk ds. you have hillary clinton with

this approval rating, this crazy 89% approval rating, which is huge. >> huge. >> let's flip the script. what kind of downside is there really being seen so early on, so favorably? >> well, look, you would rather be popular than unpopular. i should also point out to you that joe biden had a 71% approval rating. that's pretty high, too. these are democrats, they like them both. what you do when you're that prohibitive a favorite, as you know, you become the target, right? >> right. >> it's not as if hillary clinton wouldn't always be a target because i believe she would be, but last time, she was the presumptive nominee, that didn't go so well for her. i think in the back of people's minds is, let's just try and play it low key this for a while because they don't want to get too far out front. but let's just say if hillary clinton does not run, if she decides not to run, and i believe she will, joe biden is

still pretty popular in the democratic party. >> we'll see. fun talking presidential politics. thank you very much wroorb. coming up, a reality tv show triggered a court ruling on polygamy and the centsister wiv just scored a huge victory. jane velez-mitchell will join me on what they're allowed to do now. people don't have to think about

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okay, polygamy, we all know polygamy is illegal. but living like a polygamist, that is now legal in the state of utah. the federal judge just dropped

down the part of utah's polygamy law that banned cohabitation. this ruling is in response to this lawsuit by the stars of this reality tv show called "sister wives." cody brown and his four wives, mary, janell, christine, and robin. they say the utah law violated their privacy roiights. their attorney spoke about what this means practically speaking. >> the judge said that the only way that you can be prosecuted in utah is if you have more than one marriage license. that's the conventional bigamy statute. most polygamists do not have multiple marriage licenses. most polygamist families have a single marriage license with the state and the rest of the marriages are called spiracle marriages. and these are agreements between consenting adults. as of this decision, that is now legal. >> okay, hln anchor jane velez-mitchell joining me now.

>> hello. >> hello, sister. >> read a lot about polygamy, realizing if you, and correct me, because you're in on this today as well. most people living in this sort of relationship, they have this one marriage license, right, but then you live with multiple wives, sort of a spiritual things and not necessarily in the eyes of the law. why is what happened here a big deal? >> it's pretty simple. this ruling essentially says in utah, you can play house with as many people as you want, have as many lovers under the same roof. you just can't go out and get more than one marriage license. i think it's a sensible law, and a sensible ruling because in the other way, you essentially allow the government into your bedroom. for example, it's a pretty universal experience when people graduate, they might have a bunch of room mates. who's to say that couldn't be twisted into saying there was cohabitation with multiple partners living under the same roof? so i think this maintains the marriage laws. but it also keeps the government

out of the bedroom. and i think it's pretty sensible and it's a good ruling. >> i remember when it story broke because it was a big deal because you have this show about polygamy, boom, on tv for anyone to see. so this is something that really -- polygamy hadn't been prosecuted in a number of years until this reality tv show. >> exactly. this was something where the folks involved in this reality tv show really put it in their face. and so the authorities felt they had to do something. and they began investigating, and cody brown essentially said, along with his wives, we're doing nothing wrong. i married legally to one woman. >> one marriage license. >> the three others are spiritual commitments. therefore, we're under the law. and the utah authorities said, no, because we have a clause. it says cohabitation in a marriage-like relationship with multiple partners is still illegal. so they sued and they moved, by the way, from utah to nevada, and they filed suite. ultimately, this court is saying that the stars of this tlc show are right.

they're doing nothing wrong. >> so they can move home? >> if they want to, they can move home. >> jane velez-mitchell, thank you very much. >> thank you. >> appreciate it. coming up here, hours after a man got married, tragic, tragic. he loses his life helping someone in trouble, and his bride was right there. the heartbreaking story from over this weekend, next. [ male announcer ] the new new york is open. open to innovation. open to ambition. open to bold ideas. that's why new york has a new plan --

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nikki knight and her new husband william had just left their wedding reception when they stopped to help a driver whose car had just happened to slide off the road. and was stuck in this snowy ditch. but as his new bride sat there, waiting in the car, still in her wedding dress, william knight was run over and killed. in a matter of minutes, this indiana woman went from a newlywed to a widow. >> the tragedy happened on this road in crown point, indiana. william riley knoit had just

left his wedding reception and stopped to help a driver who was stuck in a ditch. in doing so, several cars hit them. >> one of the first vehicles was coming eastbound and struck both individuals. the car right behind them, that first vehicle, also struck the two. and then unfortunately, a third vehicle that was eastbound also struck the couple. >> william riley knight had been driving with his new wife, nikki. she stayed in their car as he got out to help. she was not hurt in the incident. knight was acting as a good samaritan when he stopped to assist linda darlington, who was also killed in the accident. friends say knight was always one to help others. >> he was very out going, always wanting to help somebody. he was -- he was good to be around my kids. i'm glad they got to know him. >> he loved his family. he loved his friends.

he loved his craft. he loved doing whatever he was doing. >> police are calling this just a tragic accident and say there is no evidence of wrongdoing by the drivers whose cars hit riley knight and darlington. all three drivers received breathalyzer tests and the results were negative. >> our officers were back at the scene again this morning. in the daylight hours, and we will be doing further work up as far as the road conditions and everything else. >> for now, all are left to grieve for a man killed trying to help others and a bride who became a widow on her wedding night. just absolutely awful. lake county police department officials say road conditions at the time were wet. they weren't icy. no charges are expected to be brought in the case. >> we'll have much more on the breaking news. a judge has ruled that the phone

surveillance program used by the nsa is likely unconstitutional. find out what it means for you, for our security against the fight on terror. plus, did the boston bomber, the older tsarnaev brother, hear voices? a new report in this incredible investigation by the boston globe, suggests he suffered from schizophrenia and that's just the beginning of the revelations from this incredible piece. stay with me.

lert, here we go. breaking news. i'm brooke baldwin from new york. here's what we know right now. a huge win for edward snowden, the nsa fphone tapping program e reveal said to the world in those multiple leaked documents has just been ruled as a constitutional violation. so this federal judge saying the surveillance program, quote, infringes on the privacy enshrined in the fourth amendment. let's talk about this, how this came to light. evan perez, our justice reporter, and jeff toobin, senior legal analyst on the phone with me here in new york. evan, to you first, start at the beginning. what's the back story, how did the suit come to life? >> this is a very limited ruling, but it has potentially far-reaching consequences. the ruling has to do with the nsa's program that collects data

on nearly every phone call made in the united states. they call this meda data, which is information such as the number called and the time called. the government says the nsa's program is legal in part because it's overseen by the secret surveillance court, the fisa court, but richard leon said it may be a violation of the fourth amendment which prohibits unreasonable search and seizures. the judge limited the ruling to four people who sued who claimed it violated their rights, but this also could mean anyone could sue to prevent their information from being collected from the nsa. >> okay, so jeff toobin, let me bring you in because evan is saying limited ruling. tell me what that means and he also mentioned the further reaching implications of this ruling by the federal judge. >> it's limited, but it is a very, very bad ruling for the obama administration. one of the key arguments against

edward snowden's disclosures has been that he never disclosed anything that was shown to be illegal. well, today a federal judge said this enormous expensive program is illegal. if this is upheld on appeal, and that's of course, a very open question, the government will have to tear out one of its major surveillance programs and start virtually from scratch on the so-called meda data program, the program that examines the phone numbers called and the duration of calls inside the united states. >> we all know, as we have been reporting on the different nsa leaks the last couple months, you have folks on one side who call ed snowden a hero. call him a whistleblower. on the other side, a criminal facing espionage charges here at home. i was in the middle of this fascinating and fiery exchange

between david sirota on the left and ben ferguson on the right, and here is just a piece of that exchange. >> if you bring snowden back and you give him amnesty, you're basically saying to anyone that works in the government that at any point you're not happy with either your boss, the president, your chain of command, that if you're willing to steal information and go out in the world and it's big enough and good enough, we'll let you give it out to the world and we'll invite you back home afterwards. you can't do that, the same way america has a policy that we don't negotiate with terrorists for hostages. if you do it once, they don't stop. >> it's a great point of setting some sort of precedent. how would you respond to the notion if it's okay for one person it's okay for others. >> there should be a precedent that if government higher ups are committing crimes, whistle blowers should be able to blow the whistle in a way to expose

the crimes that are being committed. that's the precedent that would be ceset. >> we're talking about the "60 minute" reporting, saying he could get asylum. the white house saying no, no, no, no. but jeff toobin, back to specifically this ruling. where then does it go next? does it go up, does it go to a higher court? this notion of the fourth amendment and this being unconstitutional? >> that's exactly where it goes. to the u.s. court of appeals for the d.c. circuit, often described as the second most important court in the country. interestingly, this is the court where two judges were just confirmed after much controversy. obama appointees to this court. they may be among the judges who hear this case. so it just nunderlines how important this court is. this ruling could be overturned in its entirety, up held, or expanded to hold that eve know,

justifications security wise. where does that play into all of this? >> you know, that's what the biggest problem for the program has been. is that it's very hard for the government to prove, you know, what exactly is the usefulness of it. this judge stated his ruling today to allow the government some time to appeal, but he also had very damning things to say about the government's argument so far for why this program is necessary. >> for example? >> well, right now, you know, he gives, for example, he says i'm sorry, i thought we had a graphic on the ruling, brooke. >> guys, do we have one? >> he said that the government has not given a single instance -- >> here we go, there you go, evan. >> the government does not cite a single instance in which analysis of the nsa's bulk metadata stopped an attack or aided the government in achieving any objective that was time sensitive in nature.

this is a gold mine for critics who say that the post-9/11 counterterrorism programs that started under the bush duration and have largely continued under the obama administration, have gone too far. just this weekend, for instance, you were talking about the nsa, there was a panel that was appointed by president obama to review nsa programs. they suggested some modest changes, not really changing any of the big programs, knut the white house has already indicated it plans to make very few of these changes and this ruling is -- provides ammunition that could force them to revisit some of this, brooke. >> evan perez, thank you. jeff toobin, thank you for calling in. more on that, of course, throughout the rest of the day. big, big implications and consequences with that ruling. >> now to this, a large vote, largely important, looming tomorrow in the senate. the senate will vote on whether to take up the landmark two-year budget passed by the house late last week. here's what they need. they need 60 yes votes to do

that, including the votes of at least five republicans. suddenly, that is looking a bit if a. jake tapper, host of "the lead" joining me now. ia know, jake, we talked about this before. this time, it's actually senate republicans, not the -- we'll call them feisty house republicans who have been playing hardball on this one. why is that? >> well, there are a lot of reasons for it. one of the main objections that some of the senate republicans have voiced has to do with the changes to retearee pay for veterans, which will be reduced through what advocates are calling reform, others are calling a reduction in pay when it comes to cost of living increases. a lot of senate republicans upset about that. right now, there are six senate republicans who are committed to vote for cloture, that means to proceed to the final vote tomorrow morning. that's a good sign for those who are trying to pass this bill. the question right now is,

liberal democrats, progressive democrats in the senate, how are they going to vote? there are five or six who haven't even responded to cnn when we asked how they're going to vote. people from the progressive flanks, senator widen of oregon, senator warren of massachusetts. and then there are a number of liberals who are also undecided. my best guess is that this will pass, but it looks like it will be something of a squeaker. >> okay, so we wait for cloture. they need 60 for that, then they go on. >> on to 50. obviously, a lower threshold, but still, a lot of liberal democrats who don't want to vote for this, so you can't count on all of them to vote for it. there are 55 senate republicans. do they have enough votes? there probably will be enough votes, but this is not a popular piece of legislation. you're not going to see the strong bipartisan vote you saw in the house when it passed. who knows. >> who knows. you've covered washington a long

time. you never know. lots of surprises at even and every corner. let's play the if game. if this passes the senate and everyone breathes this collective sigh of relief, no government shutdown for two years, and then the potential threat which is the debt limit. when you look at what republican paul ryan had to say about that on sunday, it was this. we don't want -- we don't want nothing out of this debt limit. we're going to decide what we can accomplish out of this debt limit fight. this was over the weekend. when will they fight that war again, and what do you think republicans might demand to prevent the u.s. from defaulting on the debt? >> well, it's unclear when exactly the debt ceiling will come up again. that's up to the treasury to announce when they're going to run out of money and need to raise it again. that will be some time in the spring. when exactly they don't know. paul ryan's office said he was not trying to saber rattle when he said that. he was just talking about how he

and patty murray, the democratic senator with whom he negotiated this agreement, they were able to come up with a bipartisan plan before the deadline, and their next plan is to avoid a debt ceiling showdown, but they do want, obviously, paul ryan and conservatives in the house of representatives, do want something to happen. they're not just going to raise the debt ceiling without accomplishing anything. but ryan's office said they weren't rattling their sabres. it's more like, this is the next thing we're going to do and try to negotiate with patty murray and avoid another perilous shutdown, showdown as well there. >> we'll be watching for the squeaker vote, as you say, tomorrow. jake tapper, thank you. we'll see you at the top of the hour on "the lead." he will sit down with heavyweight champ mike tyson. a fascinating interview. they talk about everything from love and hate to the italian philosopher machiavelly, really, tapper? we'll be watching. stay with us.

coming up, did the boston bomber hear voices? a new report suggests, yes, he suffered from schizophrenia, but the revelations do not end here. this fascinating "boston globe" five-month investigator. we'll talk to one of the reporters there. >> plus, welcome to the new space race, as china steps up its game. i have to ask, why are they suddenly becoming so ambitious? what do the chinese know that we don't? that's next. [ female announcer ] thanks for financing my first car. thanks for giving me your smile. thanks for inspiring me. thanks for showing me my potential. for teaching me not to take life so seriously. thanks for loving me and being my best friend. don't forget to thank those who helped you take charge of your future and got you where you are today. the boss of your life. the chief life officer. ♪

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unthinkable? for the past five months, the boston globe has been digging. they have been asking questions. they have been talking to all these people, trying to figure out why these two young men allegedly planted this pair of homemade pressure cooker bombs right there on boylston street at the finish line of the boston marathon this spring. as it turns out, the elder of the boston marathon bombing suspects may have been schizophrenic. friends telling the globe that tamerlan tsarnaev heard voices. a quote, internal rambling that told him to do things. tamerlan was killed in a shoot-out with police. his younger brother dzhokhar is waiting to go to trial. joining me now, one of the three reporters with the "boston globe." david, is joining me, and david, again, incredible reporting. thank you for coming on. as i mention, this is the result of a five-month investigation. you were reporting in kyrgyzstan, russia, canada, the u.s. let me begin with where your

piece begins, the elder tsarnaev and the voices he herds. was he jihadist or schizophrenic as the doctor warned. what's the answer? >> we started with the idea, chechen muslim extremists have blown up the marathon. as we tried to go down the path, trying to find connections to jihadist cells or networks or people they might have met, we keep coming up dry. and then you talk to these friends of his, talking about how voices are making me do things. this idea of majestic mind control, which is someone else controlling what i do. these are friends of his who hung out with him, went to mosque with him, telling us this stuff. and you start to get the real clear picture of somebody who is increasingly unhinged who latches on to the idea of a jihad as an excuse to make this, you know, lash out in this terrible and tragic way. you know, more like timothy

mcveigh than say, for example, some sort of al qaeda terrorist network. >> but the mother of this family, she wanted nothing to do with it. she was ignoring these warnings. >> well, tamerlan is the golden child of the family. tamerlan is the -- their dream of success in the united states is based partly on the hope he would become a successful boxer. box in the olympics, go professional. so the idea that something might be wrong with him is something the parents, especially the mother, can't accept. so when she starts talking to friends about him hearing voices, she doesn't actually follow it up, although the parents are seeing psychiatrists, doesn't follow it up with trying to get any care. >> it's a troubled family, as you write about, but you know, i'll never forget the day i was in cambridge, in boston in the spring, and i talked to kids who went to school with the tsarnaevs, especially dzhokhar, and they said he was a good kid. it was the older brother, he was

brooding, never around. he was the reason, the headline, the elder tsarnaev that bra brainwashed the younger. that's the thing about the piece. you find it's more like they were co-conspirators. >> right, and the thing is this idea of, you know, devout certain radicalized tamerlan pushing lanky, you know, stoner dzhokhar into doing this, turns on its head. you have unhinged tamerlan and dzhokhar, drug dealer, manipulative, sense of invulnerability, risk taker, and a guy who just as easily might have been the guy who said, let's go along and do this. there isn't this idea of dzhokhar being radicalized. it's this idea of dzhokhar being a thrill-seeking criminal who doesn't think anything can happen to him. >> and then finally, with this family, david, i mean the real reason the sartsarnaevs came toe

country, you were reporting they were really on the run. from whom? >> well, a lot of chechens, not a lot, but hundreds of chechens got political asylum in the united states because of the war in chechnya. from friends, it sounds like the father. exaggerated any idea, had a dream of making it in the united states. possibly some of his business dealings got him in trouble with the russian mob. one story his family has told to friends is the idea that he was severely beaten up, hospitalized, somebody did something to the family dog, cut the dog's head off, and they're on the run from that. again, none of this is to excuse what happened, but you get this picture, completely opposite, different than what we thought of when we first heard it. calculated terrorist organization trying to do this. you get this train wreck of a family. >> it is a train wreck. a much bigger picture. so for anyone who has been following that, i'll tweet the link out to the boston globe piece, but fascinating and all

the details and the digging. david with the boston globe, thank you so much for sharing your piece. i appreciate it. coming up, the hit show "homeland" stuns everyone. deciding the fate for a major character. we'll show how shows fair after plot twists. also, do you think you could tell the difference between a human telemarketer and a robot? think again. you will not believe this next story. >> all major companies and compare -- >> hey, are you a robot? >> what? no, i am a real person. maybe we have a bad connection. i'm sorry about that. om of two young boys life could be hectic. angie's list saves me a lot of time. after reading all the reviews i know i'm making the right choice. online or on the phone, we help you hire right the first time. with honest reviews on over 720 local services. keeping up with these two is more than a full time job, and i don't have time for unreliable companies.

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all right, if you did not see the finale of "homeland" don't turn the channel, hit mute. spoiler alert. okay, going to give you a second. okay, good. don't get mad at me, but a stunning season ender. and this is the highest rated episode ever. the series lead character nicolas brody was publicly executed and carey mathison, played by claire danes, witnessed the whole scene. and then family guy, another spoiler alert for you, i'm full of them today. close your ears. the leading character, brian, bit the dust. only to come back and live. so we have to ask the question, what's going on? what happens when these popular shows are killing off characters? nischelle turner is staying up with us. we appreciate you this late in the afternoon. but first, and we're going to

get to beyonce in a minute. why are they doing this? >> it's interesting because we're watching and talking about it. that's why. in television, anything can happen, brooke. it seems that is exactly what's happening here. i kind of like to look at things as the glass half full instead of half empty. when you're talking about "homeland" we're talking about we actually had brody two seasoseason s longer than we thought he would. he was supposed to be killed off in season one and season two that damione lewis was so good, the writers decided to keep him on. you saw he was kind of running out of a storyline. running out of steam. you're like, what's going to happen with him? so they decided to do this. it's happened before in big shows. we saw "two and a half men" when charlie sheen had the issue and left the show, he died, so they had to replace him. "american horror story" they kill off their main characters and start over again. we're seeing it a little more, and we're seeing shows still

survive without these, what we think are crucial characters. except for in the fact of family guy, like you said, because there was this whole public outcry about why did they kill brian the dog. we love him, the best, the best one-liners on the show. seth maccfarlane said it wasn't because of the 130,000 signatures on the change.org petition. >> crazy. change.org got involved with this. >> they put a time machine together, brought brian back. everybody is happy. >> anyone remember "dallas." the '80s. >> it was a dream. >> we shall proceed. anyway, beyonce, you were talking to don who was in for me on friday. here's her album, the kind of thing where you can't buy the singles. album only. >> on itunes. >> gang buster. >> let me get the units correct. 828,773 albums sold in three

days on itunes. shattering records. it's really -- with no promotion, none of that. she announced on instagram, surprise, here you go. here we are. yeah, it's become so interesting. she's about to release two singles next week onto the radio, not for you to buy yet. onto the radio. the first one, yes, is called "blow." it's going to top 40. >> why? >> the way she wants to do it, beyonce way. she doesn't have to release the singles to buy yet. eventually, they will allow you to buy singles but just not yet. she's going to tease you. >> people will buy, plunk down the $15.99. >> it's a great album. it's really good. it's really good. >> take your word for it. >> she did it again. >> love beyonce. love beyonce. all right, nischelle, we love you for staying up. >> absolutely. >> coming up next, can't believe we're discussing a war on santa. here we go. specifically his race. after this fox news anchor

declared both santa and jesus are white, a teacher getting into a little trouble for a similar move. don lemon is suddenly involved in this whole dust-up, so don lemon will join me and we're going to go there next. plus, the chilling last moments of the 19 firefighters killed in arizona caught on a helmet camera. you will hear the sound coming up.

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ask your doctor about non-insulin victoza®. it's covered by most health plans. now to a story that brings new meaning to the word robocall. time.reporter digs into a tell amattering called quest. she giggles, she asks questions. you listen. >> work with all major companies. >> hey, are you a robot? >> what? no, i am a real person. maybe we have a bad connection. i'm sorry about that. >> that's crazy. you sound so much like a robot. >> i am a real person. maybe we have a bad connection. i'm sorry about that. >> will you tell me you're not a robot. just say i'm not a robot, please. >> i am a real person. >> i mean, i believe you, but

will you just say, i'm not a robot? it will make me feel better to hear you say it. >> there is a live person here. >> but i know there is. it would make me feel so much better to hear you say i am not a robot. >> what? >> if you could say the words, i'm not a robot, it would really mean a lot to me. >> i am a real person. can you hear me okay? >> can't you just hear that time reporter. you can hear the smile. he's trying, trying. time tried to locate the company, but the company's website is offline. plus the phone line samantha used, according to kwae"time" n just gives a busy signal. >> santa claus is supposed to bring you good cheer this time of year, but the color of his skin is attracting a lot of bad attention. first a news anchor creates this fire storm after insisting santa is white, and now you have this new mexico family called for a

high cool teacher to be fired after he told a student santa is not black. we're going to get to don lemon in a minute, but first, let's set this thing up. george howell has the story. >> this is the hat and the beard, fake beard that christopher was wearing to school. >> the spirit of christmas was all but shattered for a new mexico high school student who wore this santa mask to class but was then challenged by his teacher who told christopher he couldn't be santa because -- >> santa claus is white. what are you doing wearing that? christopher was embarrassed. >> chris's father michael called the school's principal furious, saying he heard about it from another parent. his son didn't tell him because he was too embarrassed, and initially, this parent says his outrage was dismissed. >> the principal just hung up the phone on me and hasn't called back, hasn't said anything. >> michael tells our affiliates the only phone call he's received was from the teacher

who spoke to his wife and apologized. the rio rancho school district put out this statement saying, quote, he self-reported the incident to the principal and has apologized to the student and the student's parents. appropriate disciplinary actions have been taken. the incident comes the same week that fox news host megyn kelly said on the air that both santa and jesus were white. >> and by the way, for all you kids watching at home, santa just is white, but this person is just arguing that maybe we should also have a black santa. >> comments that sparked the firestorm of criticism. she later issued a statement saying her comments were misunderstood. >> i think the criticism is needed because we all know that santa claus, of course, is a symbol. a symbol of hope, a symbol of the holidays. a symbol of love and giving. >> clinical psychologist dr. jeffrey gardere. >> when a child hears comments like that from megyn kelly or from a teacher who puts his

opinion out there like we heard in new mexico, what does it do to the child's self-image? >> it begins to erode that child's self-image. we are a society that says that we are all equal and we can all participate in something that is generic as santa claus. >> the teacher still works at cleveland high school. but we've learned christopher has been removed from his class after what happened. his father says he really wants nothing to do with christmas this year. michael says the teacher should be fired. >> for him to make a comment like that, there has to be at a minimum prejudice. in him. and we don't have room for that. >> that was from george howell. don lemon, hi, friend. >> this whole thing is driving me to drink. >> just tea, just tea on friday. hang tight. on friday, you were sitting in for me. you did a segment about the whole megyn kelly santa thing.

she reacted to your discussion as well as others from other networks. let's set it up and then we'll chat. >> well, this will be funny if it were not so telling about our society. in particular, the knee jerk instinct by so many to race bait and assume the worse from people. from miracle on 34th street to the thanksgiving parade to the national christmas tree lighting, we continually see st. nick as a white man in modern day america. should that change? well, that debate got lost because so many couldn't get past the fact that i acknowledged as harris did that the most commonly depicted image of santa does in fact have white skin. >> okay. so we wanted to follow up with you. i know you will talk about it on the 11th hour. she used your clip on her show. >> yeah. >> your reaction. >> i said that in my clip. i said, if megyn kelly had said the popular depiction of santa claus is white, i would say, yes, she's absolutely right. i said that on friday.

where she lost me though is that sort of emphatic, i couldn't believe i was doing a segment like this that stirred such a controversy. so mine was tongue in cheek, also, but she didn't acknowledge people who saw what she was saying but where she lost me is when she said jesus was white, right? and anyone, any scholar of the bible knows that jesus was probably -- wasn't probably, was not white. he was of darker persuasion. >> you talked about that with eric a little bit on friday. i thought it was interesting, part of megn's response, she talked about santa. >> she didn't talk about that. she said that is -- that is unsettled or something like that. but he just kind of glossed over that. listen, there was a headline that said don lemon tears into megyn kelly. i didn't tear into megyn kelly. i like megyn kelly. i think she's very talented, but she did not play the part where i said, you know, i understand. i have been misinterpreted, misquoted. and she could have had the chance to come on and say here's

what i meant. and also give knowledge to the fact that maybe she needs to learn a little bit about what have you. this isn't about megyn kelly. and she did that on friday, actually, but i don't think she understood quite what her guests were saying as white as a default, so in popular depictions, yes, santa is depicted as white, but santa is a fixzal character where we get to decide in our own minds what santa is as children. and i asked a bunch of people on my way here, they were like, hey, you're the santa guy. you're the jesus guy. no, i'm not megyn kelly. no, i saw your thing. i said, well, what color do you think santa is? someone said santa is black, santa is white, santa is red. someone said santa is mulatto. i said, that's not a pc term. they said, what do you mean? like you, but a little lighter, which is kind of every man. >> wow. >> there are people who are saying, don, santa is white. you look at st. nick, where he came from, santa is white.

but then you know there are cases of black santas, right, which are controversial? you look at black pete in the netherlands. >> i can't believe this is a thing. >> the black pete in the netherlands is a huge controversial figure. >> i was talking to someone about that the other day. >> because santa is black. >> it's like black face in the holidays. >> because it's white people in black face. that's the thing that gets people set off. >> there was a "new york times" piece about that recently. >> sorry, i hijacked your show. >> tonight, 11:00, 11th hour. you're talking about it. >> we have decided the definitive answer tonight as to what santa is, black, white, puerto rican, whatever he is, we're coming to a conclusion tonight at 11:00. you may not like what i have to say. you may not like what the guests have to say. you may disagree with it. we're going to tell you what color santa is. 11:00 p.m. eastern, cnn. >> thanks. never hijacking, always a guest. >> were you hanging out at some big fancy place this weekend? >> whatever. we'll be right back. >> you don't want to go there.

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they are only the third country to soft land on the moon. joining russia and us, the united states. john zarrella joins me from miami. as we talk about, you know, just really the space race in 2013, how in danger are we of falling behind? >> well, you know, from a technological standpoint, clearly the united states is not behind. let's face it. 1969, the united states lands astronauts on the moon. in 2013, the chinese land a rover on the moon. so yeah, the chinese are still way behind in that regard. the u.s.'s problem is direction. when the new orion spacecraft comes on board next year some time, the u.s. is still not sure where it's going to go. do you send humans back to the moon, to an asteroid, to mars. why go to the moon when you have been there? all these questions are out there. two years ago when the shuttle program was ending, we talked to a lot of experts who said china

is definitely moving forward with a purpose. >> hmm. >> the value of space. they realize the economic value of space. they realize the significance in terms of international diplomacy and what it means. and they certainly realize that the high ground is certainly significant when it comes to national security. they're smart enough to know all those things, and they're going to take advantage of them. >> if i were china, i would head out for an asteroid in the very near future. that will be a stunner to americans when that happens. probably eclipsing what we saw. the reaction to what russia did with sputnik. and ironically, it might be a good thing for us because it might wake us up that as sputnik did. >> all these experts tell me that out there say look, what the chinese are doing right now is clearly a precursor to going to the moon with human down the road, albeit, it's going to be a

while. >> john zarrella, thank you very much. up next, new video and audio recordings from the 19 hot shot firefighters killed while fighting that massive fire in yarnell, arizona. >> air attack. >> new insight into the final moments of those brave firefighters after this quick break. [ female announcer ] thanks for financing my first car. thanks for giving me your smile. thanks for inspiring me. thanks for showing me my potential. for teaching me not to take life so seriously. thanks for loving me and being my best friend. don't forget to thank those who helped you take charge of your future and got you where you are today. the boss of your life. the chief life officer. ♪

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they'll have to prove that they are safe and effective long term. that's a pretty high bar. there are lots of concerns about the safety. there are concerns that these soaps may be causing hormonal problems, may be causing antibiotic resistance so that the antibiotics our doctors give us aren't working as well as they should be. there are also concerns that really, this soap is no more effective than plain old soap that doesn't have the antibacterial claim. the fda says you have to prove these claims or else you need to stop making them. brooke? now this. just chilling audio recordings just released, recounting the final moments before a hot shot firefighting crew in arizona was killed. for the very first time we are hearing what happened minutes before that fire swept through, leaving the granite mountain hot shots with no way to escape. so the firefighter wearing the camera was not actually with the crew, but the video captured radio transmissions between the

hot shot crew there on the ground, operations and the air support team flying high above. moments later, these 19 men would be dead. a warning, of course while this video is not graphic, it's tough to watch.

>> the yarnell hill fire which is considered the deadliest in arizona history started june 28th, when lightning strikes began several of those fires. it was the worst firefighting tragedy since 9/11.

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google is now getting deeper into robots. it has now bought boston dynamics. here you go. boston dynamics, this is the robotics pioneer behind the cheetah robot, the fastest legged robot in the world. according to the company website. it runs as fast as 29 miles per hour. the company has been developing robots for the u.s. military for more than a decade. this is the eighth robotics company google has purchased. now we talk odds because the odds are ng, but the reward here is massive. so far, no one has matched all six megamillions numbers friday night so the jackpot rolls over. you know how that works it grows

and grows so now it's worth more than half a billion bucks, keeps climbing. alison kosik joining me. i always hate these segments because you're more likely to be struck by lightning, 18,000 times than winning the megamillions. go ahead. rain on my parade. >> but it's true. let's talk about where the jackpot is, at $586 million. it went up just a few hours ago. the drawing is tomorrow so it still go up even more. if you win, here's the cash pay jot, $360 million. that's before taxes. >> sweet. >> okay. but before you start dreaming of going to bora-bora, remember your odds recently got a lot worse. here's why. your odds of winning were -- are 1 in 259 million. before the rules changed a couple months ago, because this game changed its rules, your chances were better, they were 1 in 176 million because megamillions made this adjustment, made this big adjustment, because before you

picked five numbers ranging from one to 56. now what's happening is you get to pick those five numbers between one and 75 so more numbers means more combinations and less of a chance you'll win. of course, you have that sixth number to pick from as well. so yes, let's talk about your chances, shall we? being attacked by a shark, better chance. dying from a bee sting, dying from being struck by lightning. keep that in mind. i'm still going to go buy a ticket or two. how about you? >> i think i should. of course, if i win, since we are talking about it, we have to share, i hope whoever buys tickets, we need to share. i hear the closing bell. that means time for me to go. alison kosik, thanks very much. if no one gets it, this could be up to $1 billion. who knows. i'm back on cnn at 11:30 p.m. "the lead" starts right now. when a gunman burst into his school, our first guest wrote

down what he feared would be his final words on this earth. i'm jake tapper. this is "the lead." the national lead. as shots rang out, he scrawled a good-bye note to his family on the only stationary available, his own hand. a student from arapahoe high school will talk to us about the 30 seconds that changed his life and the lives of so many others. also in national news, you don't like it, too bad. that seems to have been the prevailing attitude in washington ever since we learned th the nsa has been collecting in bulk phone and e-mail records, but will it have to stop now after the program