feed @billy under score baker. it's the most inspiring stuff you will read all year. that's all for tonight. that's all for tonight. "ac360" starts right now. -- captions by vitac -- www.vitac.com what a court ruling against the nsa means to your priefrssy. and remember this, that ocean liner stranded at sea, power failing, toilets overflowing. we look at what carnival knew about major problems that turned one of their fun ships into a floating sewer. and dr. sanjay gupta wants to prove that the anti-bacteria soaps work and whether taking

multivitamins do anything for you at all. we begin with a court ruling that deals a body blow to the mass surveillance program that can collect phone records on each and every call that americas make. richard leon ruling that it violates fourth amendment protection. he called the program almost orr wellian and says that james madison would be aghast at the scope of it. but he held off shutting down the program. the justice department had little reaction beyond saying they are studying the opinion. there is this from edward

snowden, i acted on my belief that the nsa programs would not withstand a constitutional challenge. a it was found to violate americans rights. snowden is in a world of trouble with a trunk load of classified material he is yet to release. and in a report last night, john miller asked the head of the task force investigating the leaks whether he would consider cutting a deal with snowden to get it back. >> he has said if i have amnesty i would come back. given the potential damage to national security what would your thought on making a deal be? >> my personal view is, yes, it's worth having a conversation about. i would need assurances that the

remainder would be secured. >> the head of the nsa wants. ♪ on tsnowden to be prosecuted. >> a federal judge says that the nsa program violates the constitution. does that vindicate edward snowden? >> i don't think. but what snowden exposed has not been shown to be illegal. today, a judge said, it was illegal. so there's no question that today is a big victory for glen greenwald and snowden. >> why doesn't it justify what he did? >> he took classified information and disclosed it in an illegal way that is costing 10s of millions of dollars of

work by the american government to redo and potentially exposed it to the chinese and russians. i don't think this vindicates him but it comes closer than any previous development has. >> should this vindicate ed snowden? >> how could it not? let use common sense for a minute. this is an american citizen who discovers that the united states government is doing things without the knowledge of the american people that is so illegal and against the core constitutional guarantees of the constitution that the judge says it's not even a close call. james madison would be aghast if he knew that the government is gathering the data doubt

suspicion or probable cause. it is a duty of an american citizen to come forward at great risk to himself and inform his fellow citizens. >> what should he have done? what should an american citizen do? >> he can go to an inspector general or congress. he can work through the established channels. every person with access to classified information has. it is simply not a way to run a government if every of the hundreds of thousands of people who have security clearances suddenly decide they don't like something and they can disclose it. one judge has vindicated snowden's interpretation of the

law. >> is this the way the government should work? >> we had this debate 50 years ago when daniel ellensburg has said when you find out about wrong doing so egregious it's your duty to tell your fellow citizens. there is no channel of the kind that jeff is describes for someone to come forward. >> the oversight you talk about when you bear down and look at it, the people in congress who allegedly who have oversight over the nsa they only know about what they are informed about by the intelligence agencies. it's not as if they have people inside monitoring what's going on. >> all the more reason if there is someone who calls himself a whistle blower they should go to the senator from oregon who has been so unspoken about this.

they should go to the people who are trying to get the story out through legal means. giving the documents to glen greenwald is not an orderly or fair or responsible way to run a government. it is just similarly untenable to have a system where mr. snowden, even if one court has said he is right can force the government to spend hundreds of millions of dollars, can jeopardize individuals who are working on those systems. it's just not a way to run a government. >> you can respond. >> i just want to say one thing. if you look at the stories over the last decade that are the most widely regarded what it involves is discovering illegal behavior done in secret coming to journalists who report on it.

because someone in the justice department has come to them. people inside the government come to them and say i have discovered these secret instances of wrong doing. i trust you as a journalist to report it responsibly. that's why we have a free press and part of the fabric of american democracy. >> jeff, i assume you take issue with the volume of information. >> you have investigative journalists seek out individual facts and subjects versus disclosure of entire government programs, all the underlying documents which jeopardize the investigation of terrorism, a word that has not yet come up in our conversation. but it is worth mentioning the reason for this is not because

the nsa is an evil organization there are threats to the utnite states out there. >> one of the conditions was about guarantees that other documents wouldn't be released. is that something that edward snowden could guarantee? >> if you go back and read an op ed in the "washington post" he said that edward snowden was right to flee the country. what edward snowden said if i can be guaranteed fair treatment and not persecuted, i would love to return to the united states.

but the u.s. government tends to be vindictive in these cases. u.s. political officials in the united states who break the constitution they get promotions and the people who expose it get indictments. and that's the real injustice that needs to be resolved. >> thank you. >> follow me at twitter, @andersoncooper. later tonight, a community pours out --

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with millions of americans planning a get away at sea. an investigation of what became known as the poop cruise. after a fire knocked out power, no air-condition, no lights, not much food or water or flushing toilets. the ship's crew set sail with four of six generators operational. knowing there was a fire hazards on ships across the fleet. >> this is supposed to be the fun ship. and we are having to fend for

ourselves. >> reporter: bettena and her daughter planned this trip for a year. it was the trip of a lifetime, until they awoke to a fire alarm, smoke in their hallway. then days and days of misery. human waste was piling up just outside their door. >> just on our deck alone, there were the biohazard bags lined up across the floor. raw sewage at the end of our deck alone. >> reporter: it was, according to rodriguez, a nightmare now made worse because of these, the cruise lines reports, inspections and maintenance records, detailed a problem developing more than a year before rodriguez and her daughter were on board.

>> that ship never should have set sail in february. it was unsea worthy at the commencement of the voyage. the corporation back in miami had knowledge of the fact that this vessel had a propensity for fires. there are things that could have been and should have been and weren't done to make sure that fires didn't take place. >> the first trouble with triumph, diesel generator number six starting more than a year before the cruise, the generator was overdue for maintenance, out of compliance with the safety laws of the sea known as sew las. over and over again, carnival's maintenance reports saying the same thing, generator number six overdue for maintenance and carnival learned about a safety problem in the engine room, fuel

lines, a dangerous pattern of leaks on other cruise ships. allegra caught fire because fuel leaked on a hot spot and ignited. consider this. carnival's own investigation shows the fire on board the coast st coa coasta allegra was similar to the fire on the triumph a year later. carnival found a problem in a different type of fuel line. there had been nine -- that's right -- nine incidents resulting in fuel leaks associated with flexible fuel lines in two years. and carnival issues a compliance order giving ships two months to install a spray shield for all

engines using the fuel lines. >> after that internal study, the company came out with a new policy to, again, shield all of the flanges and the hoses that were below the deck plates. >> but you didn't shield the hose that caused this tragedy. >> that hose was beneath the deck plates and it was believed that the deck plates would act as a shield. in this case it found a gap in the bilge plates and caused a fire. >> they put guards on the hoses because they were having problems with these hoses as a result of vibrations in these engines and they knew that was the problem and they knew it would cause a spray on the hot spots. >> on february 7th with a diesel generator in need of overhaul

and shields on some but not all of the flexible hoses, triumph set sail from galveston, texas. >> we were in compliance and had the regulating bodies on the vessel two weeks prior certified the ship safe to sail. you learn things on incidents like the triumph. >> three weeks later fire breaks out when fuel sprays from a flexible fuel line. carnival triumph's cruise set sail knowing that the potential for fire was there. >> we were on the ship together. we would not have gone on the ship if we would have known. that it is like knowing one of the two engines on a plane were not working.

>> reporter: while the company insists that what happens was just an accident the company has the put $300 million into a safety upgrade. they also point to the passengers suing to read the fine print on their ticket which says the cruise line never promised a safe trip. >> so, drew is joining us now. you are saying that carnival is telling passengers we didn't promise you a safe trip? >> yeah, what carnival is saying, number one, this was an accident, not negligence on its part. but secondly, yes, these passengers have no right to sue because carnival's attorneys say when you buy your ticket the ticket contract makes no guarantee for safe passage, a sea worthy vessel and sanitary and safe living conditions.

carnival is trying to get the suit tossed. the passengers want to challenge that in court. >> you don't see that disclaimer on the commercial. carnival is saying that it has done nothing wrong but it is going through changes to make sure it doesn't happen again. >> $300 million invested in carnival ships alone and almost all of it dealing with making sure that spraying feel doesn't start a fire and disable the ship. all changes made after the carnival triumph's "poop" cruise disabled the ship. >> you can find more on cnn.com. coming up next, what the students who know and love her want you to know about claire. later. she was once one of these women. what a former member of the flds

sect has to say about a judge's ruling that overturns parts of the polygamy law. stick with innovation. stick with power. stick with technology. get the new flexcare platinum from philips sonicare and save now. philips sonicare.

[[man] it's nothing but tape... [woman] it's a block. we're havin' a baby! [laughter in background] [woman screams] are we havin' a baby? [ambient crying and laughter]

a late word that a school shooting that leashes claire davis with a bullet wound to the head. our focus is on her and not the young man who shot her. but the local coroner ruled his death a suicide. we are not releasing his name. as parents they say they love

our dear son dearly. and they are saying that they are praying for claire davis' recovery. they are not the only ones. >> certainly a lot of people are rallying around claire davis today who remains in a coma in critical condition. but she is stable according to hospital officials. the community has set up this growing tribute to claire. they have written the words pray for claire using these white styrofoam cups. 17-year-old claire davis an innocent victim of an unthinkable crime now facing the ultimate fight. >> she is a fighter. >> reporter: davis is

hospitalized with severe head trauma. a tribute is growing for a girl who was a great athlete and student who loves horses. >> you could always go to her for help. she always had a private smile on her face. >> reporter: her family is asking for privacy and prayers. the community is responding. hundreds of students from high schools all across the area gatherering for this vigil over the weekend. lifting candles to the sky, shining light during a very dark time. >> for claire! for claire classroom! >> people on social media are writing about her. total strangers flooding facebook with well wishes. and a campaign to get one direction to come visit.

do you think claire is feeling that love right now? >> definitely. she knows we are watching over her right now. >> reporter: support is abundant and so is the helpless feeling of wanting to do more for davis shot at point-blank range. >> what are your prayers for claire? >> that she will see the light of day again and she gets to walk with her friends and classmates in may. >> what is the latest on her condition? >> reporter: stable but critical. i spoke with the trauma expert today who tells me without knowing the specifics of claire's injury, a gunshot wound the head is never good and in best case scenario she has a very, very, very long road of rehabilitation ahead of her. i learned that the fact that she is now stable some 72 hours after the shooting, we're told that is a good sign in terms of

survival. but quality of life is another issue. >> and do we know anything more about the motive here? was it just random that she shot her? >> reporter: so it seems. the motive was revenge against a librarian and the school's speech and debate coach. it just happened that claire was sitting next to the entrance when the shooter walked into the school and she was just in the wrong place at the wrong time. >> appreciate the update. thanks. two suspects are still at large after a deadly carjacking at a new jersey shopping mall. a couple returned to their suv in the parking lot at the mall when they were confronted by two men. the 30-year-old husband was shot to death. judge an indiana man was killed hours after his wedding after

being hit by three vehicles after helping a woman whose car had slid into a ditch. his bride was in the car waiting for him while he got out to help. and toronto mayor rob ford rocked out at a gospel church yesterday. there he is showing off his dance move. a federal judge finds key parts of the anti-polygamy law unconstitutional. warren jeffs who is in prison for having sex with underage girls i will speak to a former member of the flds. anti-bacterial may not be doing what you think it is doing. and three studies showing

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in a 91-page decision, a federal judge in utah struck

down a ban on polygamy. kody brown and his four wives have 17 children between them. they are a member of an offshoot of the mormon church. they said that the law on a ban of polygamy was constitutional and a federal judge agreed. utah was one home to warren jeffs. he was convicted in texas of having sex with underaged girls. rebecca musser was a witness for the prosecution of jeffs. she was raised in the flds sect. she escaped from the flds and joins me now. what is your reaction to the court ruling? >> i'm disappointed in the fact that people want to call this a

first amendment issue but they are not talking about the real questions that need to be asked and i think it's an oversimplification of complex issues that open the door for tremendous amount of abuse. >> to you what are the key issues here? >> the key issue here, they are trying to say this is a religious freedom issue. but this comes down to the issue of consent and the grooming that happens to make these girls think this is okay and something they have to do in order to live a "n" a way to gain their salvation. this is a behavior issue. it comes down the in the name of god and religion are people allowed to violate the human rights of another human being and i don't think anyone would agree with that.

>> the suit was brought by the family on the tlc show "sister wives" and arguing this is a case of private relationships between consenting adults. you are saying this is not a free choice at all. >> they are saying this is a freedom of religion situation. but they are careful to keep their religion out of. that they don't want to reveal the amount of grooming that happens from birth from these young girls to go in a situation where this is normal and right. at what point is kody brown 85 years old and looking at a 19 years old and god might tell me to marry her and it is something she would need to do. there is a tremendous coercion and grooming and control that goes on. they want to use the name of religious freedom to deflect.

>> you are saying that young women brought up in these families are told from a young age that in order to attain salvation and get to heaven, this is the kind of relationship you need to be in? >> they are definitely told that in the flds and the aub which is the group that the "sister wives" are a part of were the same group up until the 1950s, not because of the atrocities going on in the group. the girls are told that this is something they have to do in order to be more blessed of god. it is part of their grooming process. this is a systematic grooming of women and children to keep them uneducated. they don't talk to them about co dependency or personal rights. they are not talking to them

about what equality is. this system of life in aprilmy is inherently in equal. >> what do you want to see happen? the state of utah? what do you want the state to do? >> i would like to see the state to peel back the layers, don't stop at saying whether this is a question of consent. what has to be in place for that consent to be valid. do they have the perspective to give the educated choice. if polygamy is decriminalized in utah they need to make sure that they are somehow educating these young girls about their human rights and about what is equality? what is co dependency? give them the education so they are not going into a system blindly. i thought i was choosing. but everything i consented to is what i was told to consent to.

>> it's a great discussion to have. thank you. we have been following the story of warren jeffs for years. we have covered his trials and convictions and influence on his communities. the loyalty of his followers remains unshaken. but gary tuchman has a view from inside his estate. >> reporter: this is the 18 acre estate built for warren jeffs and his scores of wives. if and when he ever gets out of prison. >> this was warren's bedroom. he has an attaching room here and decorated to the same construction that he rained the little girl in texas.

>> but the home built by followers no longer belongs to jeffs. it belongs to a man who used to be warren jeff's body guard. he received it in a settlement. and now he is helping the u.s. justice department in a lawsuit against the neighboring town where jeffs' church is headquartersed. jessop is giving information to the feds as they investigate charges that the politicians harass anyone not a part of the church. >> even in jail he is giving commands how to run this city? >> constantly. >> and cnn has two letters

written by a former mayor. the letters were sent to jeffs in his texas prison cell marked private. in one passage, the mayor who claimed along with other city leaders in the past that warren jeffs doesn't governor this town asked jeffs we have much litigation going on. i would like to get the sure word on the lord. another paragraph references the marshall's office. that i are accused of punishing nonchurch members. the mayor writes the retired police chief if the lord is someone he would like to have in that position it would be very helpful to get his sure word on who he desires to have that

position. >> the two letters cinch the department of justice's case. they lock in the assertions in their lawsuit. >> have the mares of these cities, always been approved by the prophet? >> they have. but if they fail he excommunicates them. that's why you have a stack of resignations. >> the mayor resigned a few months ago. it's commonly known in this community that many of the excommunicated seek repen answer the from afar hoping to be let back in. and it's believed that george allred is doing that. >> today's mayor is joseph allred. >> can i speak with the mayor right now. >> he is not here right now. >> every time i come here he is not here. can you tell me when he will be

here? hello? >> hello? mayor? >> no. the mayor is not here right now. >> we then tried his house. mayor allred. >> no answer there. can i ask you something? >> this time or the many times we tried to get answers from them. the attorney who represents hill dale, utah tells cnn that the letters have not been authenticated and the allegations are unfounded. >> should your followers consider you a prophet? >> there is i creasing tension and confusion here. >> do you have faith in warren jeffs? >> i don't know what's happening. >> the longer warren jeffs remains in prison the more bewildered his followers get.

thousands of them remain as dedicated as ever to their prophet and they couldn't care less about the justice department investigation. anderson? >> still ahead, new research suggesting that multivitamins may not do anything to help you stay healthy. also, if $1 billion is on your christmas list you may be in luck. hmm. mm-hmm. [ engine revs ] ♪ [ male announcer ] oh what fun it is to ride. get the mercedes-benz on your wish list at the winter event going on now -- but hurry, the offers end december 31st. [ santa ] ho, ho, ho! [ male announcer ] lease the 2014 glk350 for $419 a month at your local mercedes-benz dealer.

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tonight concerns and questions about two types of products that millions use every day to gain an edge in the battle to stay healthy. the fda says there is no evidence that anti-bacterial soaps may be harmful. and questions about multivitamins and whether they have a benefit at all. dr. sanjay gupta joins me now. now starting with the soap, they may be harmful? >> yeah, and i feel like i have been vindicated a little bit. >> i have heard you say this before. >> we talk about this all the time. with regard to the anti-bacterial soaps. the fda is saying basically, prove it.

we're not saying for sure they don't have a benefit but there really is not enough evidence to say they have additional benefit over soap and water and they could cause antibiotic resistance where you give too many and the bad bacteria start to emerge. and they are saying prove it. the manufacturers say we have been sending in evidence for the last several years. and the fda is saying not so fast here. >> what do you recommend? >> with regard to buying it, again, these are -- this is a significant statement they are not saying that the jury is decided on this. they are saying that the case has not been made that anti-bacterial soap is any better than washing with soap and water and singing happy

birthday now. and that is why you have been so healthy lately. and in hospitals and other places and some places in cnn they have the alcohol-based sanitizer. >> what about those? >> so those are -- this was not part of this new comment by the fda. those still seem to have good evidence and should have greater than 60% alcohol content to be effective. >> and let's talk about the multivitamins. an editorial released today says that the case is closed that supplementing the diet of well nourished adults has no clear benefit and might be harmful. no benefit from taking multivitamins? >> this was a strongly worded editorial. it's based on three very large studies. you know, one of the studies had

450,000 participants. it's called play scebo controll. they found that these multivitamins did not provide any benefit. the language here. most superintendeplements shoul avoided. pretty strong language there. >> so is this different from someone who is taking a specific vitamin because their doctor says you are deficient in this vitamin? that is different. >> they left an exception for vitamin d. a lot of people pay attention to this. a lot of people have probably been told their vitamin d levels are low. there is evidence that taking a

supplement for vitamin d could be beneficial. but not for other people who who don't have vitamin deficiencies. they don't benefit from the multivitamins. >> let's get some of the latest on some of the other stories we are following. >> the house ethics committee is investigating representative radel. he announced he was going to a drug treatment facility. a former army captain was sentenced to 28 years in prison for running a charity scam. authorities say the charity raised about $100 million from 2000 to 2010 with little going to help vets. and the mega millions jackpot is up to $586 million and could get bigger before tomorrow night.

and if no one hits the jackpot by next week it could reach $1 billion by christmas. >> that is crazy. thanks very much. "the ridiculist" is coming up next. we'll be right back. people don't have to think about where their electricity comes from. they flip the switch-- and the light comes on. it's our job to make sure that it does. using natural gas this power plant can produce enough energy for about 600,000 homes. generating electricity that's cleaner and reliable, with fewer emissions-- it matters. ♪ ♪

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building. but in southern california people find creative ways to get their snow on. the high was 84 degrees in corona today. that's where this family built an igloo out of gallon milk jugs. >> we had our friends and family save the bottles. 1700 bottles later we have an igloo. i don't get the opportunity to say this often but those are fine looking jugs. constructing a -- what? constructing a milk jug igloo isn't all fun and games. >> it starts off the first row is 75 bottles we filled them with water. >> stability is important. otherwise your igloo is prone to collapsing and you are up to

your neck in jugs. how long does it take? >> 16 hours without being the arch. >> about 150 more bottles and the flocking machine to flock the whole thing. >> apparently a flocking machine is how one blahs fake snow on to various surfaces. >> we'll show you the versatility from the light jobs to the heavy flock jobs. >> let's turn the machine up. pull the trigger. >> that's the snow force flock machine. the milk jug igloo is the center piece of a holiday party and toy

drive. where there is a will, there's a way to build an igloo. way to build an igloo. "the 11th hour" starts now. -- captions by vitac -- www.vitac.com i'm don lemon. this is "the 11th hour." this is what everyone will be talking about tomorrow and the next week or so is santa claus, st. nick, kriss kringle. another news anchor declared that santa is white. we'll get into that. i want to warn all the parents out there, i'm about to say something for adult ears only. take a minute to send your kids out of the room. the real santa is here. which one is he?