simply stated there is too much news for one show to handle so we must give you to "news room" to take care of all of the news. >> i have a lot. "news room" starts now. gates versus the white house. the former defense secretary on a harsh assessment of president obama. this morning to new book. plus gabrielle giffords speaking out. new details about her recovery on the third anniversary of the shooting in tucson. the sea world ripple effect.

southwest airlines feeling the weight front and center. protests over the ties to the water park. and chicago on ice. below zero. an amazing shot of the windy city frozen solid this morning. "news room" starts now. and good morning. i'm carol costello. this morning a devastating new book is reverb rating from the political trenches in washington to the front lines of u.s. troops serving in harm's way. a memoir from robert gates, the man who led the pentagon during two wars and under two presidents. in the blunt and surprising detailgates rips obama's leadership and his most powerful white house insiderst that could cast long shadows on the next

presidential election. days before released leaked details reveal stunning criticisms. >> today you are not only one of the longest serving secretaries of defense in american history but it is clear you have been one of the best. >> cnn chief national security correspondent has more for you. >> reporter: in his new book "duty" the former defense secretary delivers a sometimes scathing account of the white house. gates writes he concluded the president doesn't believe in his own strategy and doesn't consider the war to be his. for him it is all about getting out. the paper reports that gates grew concerned about the president changing course and that the president was skeptical if not out right convinced it

would fail. the book is not set for release until january 14. gates is especially hard on obama's advisers the papers report calling vice president joe biden a man of integrity but arguing he has been wrong on every major foreign policy issue over the past decades. at times gates praising obama for making decisions that would be unpopular with fellow democrats. that is something gates hinted applied to war decisions. >> i think the reality is there a is an acknowledgment that this president is willing to use military force when require. on the strong criticism of vice

president biden. jim sciutto, cnn washington. it is unusual that a former cabinet member writes a scathing account of a president still in office. even political rivals are taken aback. >> i think people, his words will have a significant impact. i'm a little surprised because a lot of times people are not quite as candid as it appears his book is. >> with me to talk about this cnn military analyst and political analyst and executive editor. welcome to you both. gates' account of president obama's distrust of military leaders is especially galling to you. you say it is more than dismaying. >> it is a little bit

frightening. when the president assumed his role as president of the united states in january of 09 the nation had been at war. to disprop that hard earned experience is frightening. the military understands but it is important for the president to reciprocate that understanding and to give the leaders of the military during this very difficult time what they need in the field to do their job. and i think it was a problem that existed. and then the president got on board very quickly but for him to distropical stoust the comma puts in place is not the right way to go. >> was that totally surprising? we were in the midst of two

unpopular wars that americans didn't want anything to do with anymore? >> i think that's the key point. secretary gates makes it clear he has respect for president obama's decision making ability, was disturbed by the degree of politicalizati politicalization. and so while he deserves credit for keeping secretary gates on it is not a shock there would be that kind of push back on the staff level. we are walking a line here. there is politics. we have civilian control in the military, of course. and elections have consequences. while the president doubled down in afghanistan for a time the withdrawal from iraq was a foregone conclusion. there would be that with the continuity of the military and new commander in chief. >> i disagree with john on one particular point ont that the

withdraw was not a foregone conclusion. we had an opportunity to establish a forces agreement with the iraqis that would have allowed us to establish a presence that might have been able to avert what we see in iraq right now. i think we have to give ourselves room here in terms of the potential outcome. >> the election predicated ultimate draw down. the question of the residual force, the president campaigned on keeping residual force. the fact it didn't happen is probably a tragedy of what is going on in iraq right now. >> thanks to you both. john avlon and general marks. four u.s. troops are dead after a helicopter crash off the coast of england. the crash happened tuesday night during the training mission. the pentagon not releasing the airman's names until families are notified. today the supreme leader of

north korea, kim jong-un, celebrates his 31st birthday and dennis rodman is celebrating with him. the former nba player singing happy birthday. rodman and a team of former players played exhibition basketball game against north korea and sky news reporting that rodman's team lost. rodman is coming under fire by u.s. officials because he is rubbing elbows with north korea's elite and criticizing kenneth bae. bae's sister spoke out last hour on "new day." >> i was shocked by his words and i think i don't think dennis rodman -- i'm not sure where he is getting his information and i'm not sure how much credence i would give to his outbursts. he is certainly not a diplomat and not an authority on this case at all.

i don't think he has any kind of position to remark on his case especially after making it clear he has no intention to help. cnn pentagon correspondent chris lawrence has more for you live in washington. >> rodman's comments are rippling throughout washington this morning. there has been a lot of buzz about his so-called basketball diplomacy. i think kenneth bae's sister put things in perspective when she told cnn this isn't a game. even for a man built to shock and surprise dennis rodman has one upped himself. >> we have to go back to america and take the abuse. do you have to take the abuse that they are going to take? do you, sir? let me know. >> his eruption on "new day" is sparking wide spread reaction. >> don't give a rat's ass what

the hell you think. look at the guys. look at them. >> reporter: rodman drew disdain from the white house. >> i'm not going to dignify that outburst with a response. it was disavowed by u.s. diplomats. >> mr. rodman is not there representing the united states. people should remember that when they look at his comments and hear his comments. >> reporter: rodman has been under fire hins see announced plans to celebrate kim jong-un's birthday. >> some say he crossed the line with an accusation against kenneth bae, an american sentenced to 15 years in a north korean labor camp. rodman implied to chris cuomo that bae deserved his fate. >> do you understand what kenneth bae did? >> you tell me. what did he do? >> you tell me. you tell me.

why is he held captive? >> they haven't released any charges. >> why? >> it's outrageous. it is ridiculous. it is shameful. those are three good words. they describe accusing mr. bae of a crime. >> just outrage. >> bae's sister told anderson cooper rodman's words are hurting his cause. >> it is heartbreaking that somebody in a position to thep the fellow american refused to do so and continues to do more harm than good. >> as for the other former players traveling with rodman. >> they were blinded by the pay day. >> nba commissioner questioned the motives of everyone involved. >> for what i guess is a relatively large sum of money they have agreed to go and give a birthday present to the leader. >> he believes some of the players had no idea what they

were really getting into. this trip is being bank rolled by a betting firm that cut ties with rodman last month but fulfilling contractual obligations on this trip. >> on the way to practice yesterday rodman showed off a vodka bottle. his image and that of his dear, dear friend. i'm sure he will be taking one home. i don't know. how does rodman's role in north korea complicate things for the pentagon and state department? >> it is frustrating because people like former ambassador bill richardson who was able to travel to north korea and speak with kim jong-un's father when he was in power, there were at least some channels for some sort of negotiation. there is none with kim jong-un. no one has been able to get close to him except for dennis rodman. and i think there is some

frustration when the u.s. is not able to send an envoy to negotiate for bae's release and yet he is there basically blaming bae for being in the situation he is in. it is a frustrating situation all around. the polar vortex is on its way out but it is taking its time. check out this water main break earlier near atlanta. ice forming on the power lines. temperatures hovering around 20 degrees. all of the water froze when it landed. this picture is from a pilot flying near chicago. it shows a frozen lake michigan from several feet in the air. and in upstate new york people digging out from nearly more than a foot of snow. it is supposed to start warming up by saturday. host of the country's temperatures will be back to,

quote, normal. two years ago a gunman opened fire in tucson, arizona. today giffords is reevealing the progress she has made since the incident including movement in her right arm. writing our fight is a lot more like my rehab. every day we must wake up resolved and determined. i am committed to my rehab and committed to my country and my resolution standing with a vast majority of americans who know we can and must be safer. that op-ed in the "new york times" if you want to read more. still to come, a december surge in hiring. how big is it? christine romans is here. >> best private sector hiring in december all year.

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checking our top stories. a russian research vessel is finally free from thick ice in antarctica. chinese ice breaker also got stuck but also escaped about an hour after the russian trip. a family member of one of the founders of a vail ski resort was killed in an avalanche in colorado. his friends posted this tribute video of him. three other people were trapped by the avalanche. no relief for many weary jet blue passengers. the airline says all passengers whose flights were cancelled should make intended destinations by tomorrow. jet blue has a log jam of stranded passengers. the airline cancelled hundreds of flights and grounded all

planes in the area monday night and is offering points and $50 credit to future flights to those affected. private hiring surged by 238,000 jobs in december making december the strongest month for private hiring in all of 2013. cnn chief business correspondent christine romans is in new york with more. >> good morning. this is a report from adp, the private payroll processor. you know, they cut the checks so they do a report about what they are seeing. the big government report comes friday. they found 238,000 private sector jobs created in december. that would be the strongest private sector jobs growth all year. a couple of numbers i found in this report that are pretty interesting. 108,000 jobs created from small business, 50 or fewer employees, the small companies just or

below obamacare guidelines for providing health insurance. there seem to be a lot of job creation in small companies and also in construction. 48,000 or so jobs created in construction. that would make it the best month for construction workers is since 2006. so that is where we saw some strength there. we will know for sure what the federal government says on friday when we get the december jobs report. it looks like hiring picking up at the end of the year. >> christine romans, many thanks. still to come in "newsroom" retired new york cops and firefighters busted, most accused of a 9/11 disability scam. susan candiotti is on the story. >> claiming to be suffering from post traumatic stress following 9/11 terror attacks to get full time disability. prosecutors accusing about 100 firefighters and police of doing that.

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it is a despicable thing to

do using 9/11 to illegally collect worker's comp. new york police officers and firefighters say they were disabled but could not work. the man in the middle is one of 100 officers accused of cheating the system out of hundreds of millions of dollars. this money is meant to go to people who deserve it. cnn's susan candiotti has more. >> reporter: the accused new york city police officers and firefighters were supposed to be disabled, unable to work, suffering from severe depression and anxiety. more than half claiming post traumatic stress after the 9/11 terrorist attacks. photos filed by prosecutors paint a very different picture. this retired officer flipping the bird on a water craft, this one playing basketball and this one deep sea fishing.

retired cops, firefighters and ring leaders plead not guilty. >> if you have someone fishing on one particular day that does not mean they do not have a psychological illness. >> reporter: a social security ability scheme designed to rip off taxpayers to the tune of hundreds of millions of dollars dating back to 1988. >> this fraud not only forced federal taxpayers to finance the life styles of new york scammers, it also took away from the already limited resources we have for people who actually suffer from psychiatric disabilities. >> reporter: authorities charge four master minds with recruiting and coaching applicants on what to tell doctors, even duplicating forms, sometimes in the same handwriting. i am unable to perform any work activity in and out of the house matches another form word and word. documents charge the accused

ring leaders got kickbacks when defendants received disability checks and were warned not to withdraw too much. authorities claim wire taps will help prove the case. the man in the middle is a retired officer allegedly on permanent disability. prosecutors say the defendants collect said on average about $50,000 a year on top of state disability pensions in many cascase s. some of the accused did have legitimate disabilities but to qualify for full social security disability they had to prove they could not work at all. >> is there any way to get any of the money back? >> of course, it depends. if prosecutors win their case they promise to get the money back which could be difficult and get it to those who

certainly deserve it. and it is such -- it makes all the people who legitimately need the money look bad, people who do deserve to get the money. >> susan candiotti reporting live from new york today. still to come disturbing new details about charges prosecutors did not want to lay on the big banks. more on why some banks may be too big to jail. >> reporter: hi. we have upcoming we have details of meetings between regulators and prosecutors on whether or not jp morgan will face charges. we'll be right back with that. [ male announcer ] this is joe woods' first day of work.

and his new boss told him two things -- cook what you love, and save your money. joe doesn't know it yet, but he'll work his way up from busser to waiter to chef before opening a restaurant specializing in fish and game from the great northwest. he'll start investing early, he'll find some good people to help guide him, and he'll set money aside from his first day of work to his last, which isn't rocket science. it's just common sense. from td ameritrade. good morning. i'm carol costello. thanks for joining me. wall street this morning,

disappointing turn after the dow ended the day in the green for the first time on tuesday. alison kosik live at the new york stock exchange. >> reporter: looks like yesterday may have been a one hit wonder. we did get a strong report on the labor market. adp says the private sector added 238,000 jobs in december. it happened to be the biggest gain in more than a year. also november's numbers better than originally reported and the gains last month were broad based. what that means is that they included a lot of sectorst that is a another good sign that jobs being added aren't just in one place. if you look at all of 2013 we have been keeping track of that. 2.2 million jobs added last year. that is not too bad. if you look at what we lost in 2008 and 2009 in two years a little over 8 million jobs. so the number of jobs we gained back in the following four years isn't enough to get back to the

high point we are at but is getting close. one economist says good news is businesses are growing more and becoming more and more confident and boosting hiring. we will get a better picture when the government jobs report comes out that factors in private sector employment and public sector. a few minutes into the opening bell and dow is down 43 points. >> allison, thanks so much. we know banks like jp morgan have been called too big to fail but are they too big to jail? cnn learned during a meeting between prosecutors and bank regulators about the failure to alert authorities prosecutors wanted to make sure that if they charged jp morgan with crimes that regulators would not revoke the bank's charter. in other words, go ahead and levee fines for financial crimes but anything else is too risky. you can't send anyone to jail.

evan perez live in washington. sounds like get out of jail free card for bankers. >> that's what it sounds like. we were told about this meeting a few weeks ago as sth justice department prosecutors in new york were nearing the end of the investigation into jp morgan and what it knew about bernie madoff's scam. they told they wanted assurances that the bank wouldn't be closed down and that hundreds of thousands of people wouldn't be put out of work and they couldn't get the assurances which is why you see that they ended up with the $1.7 billion settlement which is going to be restitution for the victims but seems like a slap on the wrist for the bank. >> in all jp morgan paid more than $14 billion in fines last year alone. how is jp morgan still a bank? and how is jamie dimon still the ceo? >> well, jamie dimon is very

popular in wall street. his bank put aside $23 billion just to pay different -- they expect settlements of about a dozen investigations that are still on going. so on wall street they view his profitability. that's the mark by which he is judged. and jp morgan if you put aside the settlements is a highly profitable bank, the biggest bank in america. that is how he keeps his job. >> let's take out the intense admiration on wall street for jamie dimon. what about in our halls of justice? >> well, he has had to come into the justice department, very rare. you see the attorney general brought in jp morgan ceo dimen to do face-to-face negotiations in recent months. i think one of the things that keeps coming back is the last time the big banks that failed in 2008 was lehman brothers. a lot of people in government

don't want to see that repeated. they don't want to see the chaos that that caused in the u.s. economy and global economy. so you have the real fix that everybody is in. they want to be tough on the banks but at the same time can only be so tough. >> something is not right there. thapgs so much. checking our top stories. won't hit book stands for another six days but a new memoir by robert gates is reverb rating. gates blasts president obama's lack of faith in military leaders and rips joe biden and hillary clinton, two potential candidates in the 2016 presidential race. this morning dennis rodman saying happy birthday to kim jong-un who turned 31. former nba star and team of retired basketball players reportedly lost their exhibition game against the north korea team. rodman has come under fire for

his friendship with kim while refusing to help an american imprisoned there. still to come in the "newsroom" it is the winter resort to the stars but the ski season in vail, colorado has turned deadly. we'll have more after the break. . open to ambition. open to bold ideas. that's why new york has a new plan -- dozens of tax free zones all across the state. move here, expand here, or start a new business here and pay no taxes for ten years... we're new york. if there's something that creates more jobs, and grows more businesses... we're open to it. start a tax-free business at startup-ny.com.

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there are new details this morning about a deadly avalanche

in vail, colorado. you know the avalanche killed skier tony sebert, the grand son of one of the cofounders. >> we are learning that anthony sibert was a very experienced skier and loved the outdoors. he was with three of his buddies in an area known to be popular for skiers and snowboarders not inside the vail resort ski boundaries. it is accessible and also an area that is avalanche-prone. a scoured mountain side, trees tossed like toys, a deadly avalanche. >> described as a couple of yards wide and maybe up to ten feet deep running close do 1,000 feet vertical. >> reporter: this is the back country not far from the vail

ski resort. >> it is not on vail resort's mountain. it is for experienced skiers and snowboarders. >> reporter: rescuers worked quickly. the victim identified as 24-year-old anthony sibert, the grand son of the founder. >> he was a fabulous skier. >> reporter: it is the second avalanche fatality in colorado in just over a week. this amazing video is from the same area. >> that's an avalanche. >> reporter: another avalanche triggered days before christmas. here davis digs out his brother saving his life. >> we have been seeing over the last ten days or so is a general increase in the size of the avalanches in the back country. >> reporter: why is that? >> we have very weak snow near the ground that formed early in the season and we have been getting consistent snowfall so the slab is getting thicker and

larger. >> reporter: and it is happening all across the rocky mountain region. three snow mobilers triggered an avalanche in montana last week. one of those were buried and killed. experts urge anyone heading into the back country to be prepared for the power of mother nature. information really is the key here. you need to know the risks. you need to know how to thes the snow, need to understand the angles and what those risks pose. avalanche.org is a really good place to look for the latest avalanche information where you are. experts say a shovel, beacon and probe are some of the key and essential equipment you need if you go into the back country especially right now. no relief yet for many weary jet blue passengers. the airline says all passengers

whose flights were cancelled monday should make intended destinations by tomorrow. jet blue has a massive log jam of stranded passengers. renee marsh live in washington with more. >> reporter: good morning. you know, the weather was the big story and then came jet blue. and it became the story. passengers were criticizing the airline saying they did not handle the weather disruptions very well. we now know jet blue is trying to make good with some of those frustrated flyers. >> reporter: thousands of jet blue passengers are finally reaching their destinations. >> we are going to get you home. >> reporter: as the airline tries to get on track following the unpopular decision to ground all planes scheduled to depart new jersey and washington airports monday night into

tuesday. jet blue cancelled flights stranding thousands of passengers in the u.s. and caribbean and bruising the public's opinion of the airline and now it is in damage control. >> i absolutely think we did the right thing. when you are doing things for safety reasons of our people and of our assets and customers i think we are doing them the best service possible no matter how hard the short term pain is. >> reporter: in a conference call with reporters tuesday the airlines said cancellations impacted 150,000 passengers. operations are returning to normal but jet blue predicts the back log could take another day to work through. almost every major airline was impacted by the now infamous polar vortex but jet blue beared the brunt of the criticism. >> there is the vast majority of their flights are to and from the northeast.

they were more affected than the carriers that they are being compared with. >> reporter: in a 2007 storm passengers sat for eight hours on the tarmac in new york prompting new federal rules. the airline says it has changed and takes proactive steps to protect passengers. >> weather is going to win we let weather win. >> to make good with angry passengers jet blue is offering compensation based on how many times their flights were cancelled. one cancellation $50. up to 20,000 points in round trip flight or $200 for more or more cancellations. >> when issues are weather related airlines do not have to offer compensation so jet blue doing that is a first step into making this right. >> and we can tell you that overall today looks a lot better for flyers. jet blue for example one percent

of their fleet we are seeing cancellations and 7% delays. by this time yesterday we were seeing double digits. so much better store ay for people trying to get to their destinations. >> rene marsh reporting live from reagan national airport. television actress raising eyebrows after her latest photo shoot. find out why she says if you want to see more you have to take her on a date. ( bell rings ) they remind me so much of my grandkids.

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checking our top stories. minutes from now the so-called dead banker is due to appear in a south georgia courtroom. price is accused of embezzling from a small town bank. he earned nickname after disappearing in an apparent suicide. the congressman who pleaded guilty to cocaine possession back on capitol hill. republican tray radell apologized for actions saying he is not thinking about reelection so may face gop primary challenger in august.

some of you will be seeing ads like these during winter olympics. department of health and human services says it bought ad time. it will air in markets with the highest rate of insured people. a giant statue of satan surrounded by smiling children could go up at the oklahoma state house right next to a statue of the ten commandments. if the group's application is accepted this figure could be on the state house grounds complimenting the monument to the ten commandments. supporters say it is a matter of religious freedom. finally reveiled, a goat figure with children at its

feet. the monument that satanic temple decided could be at the state capit capitol. >> it offers a lap that visitors can sit on. >> reporter: the devil's image sitting beside the ten commandments. the monuments together represent religious freedom. >> i think they are trying to get our goat and i'm not going to l. . . it has no historical significance for the state of oklahoma. the only reason why the ten commandments qualified is because at the capital what we do is we make laws. we are law makers. one of the earliest laws that we have are the ten commandments.

it has historical significance. >> reporter: the satanic group says his statue carries the same weight. not only would it send a clear message that america respects plurality, freedom of religion. >> thanks to courtney san francisco. the committee in charge of approving the monument says it is not taking applications until a lawsuit of the ten commandments is settled. the aclu sued calling it an unconstitutional government endorsement of religion. dennis rodman isn't the only celebrity to get cozy with the brutal dictator. that would be jennifer lopez

performing more the press of turkminastan. she later apologized for that performance. we have more on this. >> reporter: i am still thinking about folks unveiling satan statues, carol. i'm never sure where to go from that tennis rodman is not the only celebrity that has been talked about in situations like this. rodman said he gifted this basketball game they are playing for the north korean leader's birthday. we have several appear and apologize for encounters with the regimes that are labeled as repressive. in 2007, they revealed that beyonce and mariah carey performed or the dictator of

myanmar gadhafi. they said they were donating to charity. nellie fratata came under fire after performing at a gadhafi concert. dennis rodman, the difference is, doesn't seem to care what anyone thinks. you have figures like josephine baker performing in france after germany occupied the country. history later revealed she had been recruited by the french to spy and report on the german military movement. today, we have george clooney who vrevealed last year, he use the million of dollars for his commercials to pay for a satellite to keep an eye on the government of bashir. there is a lot that goes into play. a lot say celebrities should stay out of the media.

>> george clooney bought a spy satellite. >> i read that this morning. he makes all this money for these coffee commercials. he is very active in issues and this is what he wanted to do with the money that he makes. he has said several times that he funds his career. he does these big budget films to make these moneys and funds his career and the things he wants to do with the coffee ads. that's why he doesn't mind when his face is attached to different products where some say i don't want to be endorsing things. he doesn't mind it, because it gets him money to pay for some of the passion projects he does. >> i learned something. >> i learned something from the satan unveiled statue. michelle turner, thanks so much. the careers of three college basketball players are over.

gambling it? >> betting on sports in you are a student athlete is a big no-no. next in your bleacher report.

following an fbi investigation, through u-tep men's basketball players have been kicked out of school for gambling on sports. >> this is bad.

this is a big no-no as a student athlete. it is unclear what they gambled on. utep officials say it was not on their own game. yesterday, this he made the announcement that mckenzie moore, jaylin raglan and dustin cross dale were removed from the team and a loss of eligibility. all three players were upper classmen, so their college career is now effectively over. a new jersey man is suing the nfl because he says the league is pricing the average man out of the super bowl. >> go, josh fenkellman. >> he says the nfl made only 1% of tickets available toen fas an that violates the new jersey consumer fraud act. he is seeking hundreds of millions of dollars in damage. they are reviewing the suit. the majority of super bowl tickets are given to teams that

sell them at face value to fans. florida state completed their dream season monday night. someone got a little too excited when rushing to get the championship t-shirts for order. the official shirt was available yesterday afternoon. it had the score backwards. it said auburn bonn the game 34-31, not florida state. the shirt has since been fixed. no word on if anyone received this one with the wrong score. i guess it would be a collector's item. >> the day it comes from the heat. lebron is going to get the bucket plus the foul. after being helped up by his teammate, this fan wanted the pick of lebron. he goes in and gives her a nice big smooch on the cheek. >> it is all about sharing the share. she love the heat. lts a great experience for her. i'm happy i'm able to do that for her. >> you go to the game and end up

getting kissed by lebron. >> she will never forget that one. >> she will not probably wash her face for a week. >> i'm sure she won't. thanks, andy. next, our "cnn newsroom" starts now. >> happening now in the "newsroom," former secretary of defense, robert gates on the attack. the target, his former boss, president obama. >> quite simply, one of our nation's finest public servants. >> but gates has some scathing administration for the administration he just departed this shocking video, a car skids right off a minnesota overpass and the driver survives. plus, one of these covers is not like the other. that's becoming a big deal for elle magazine. now, mindy is defending her own photo shoot. "newsroom" starts now.

good morning. thanks so much for joining me. a devastating new book is reverberating from the political trenches in washington to the front lines of u.s. troops serving in harm's way. it is a memoir from former defense secretary, robert gates, the man that led the pentagon during two wars and under two presidents, george w. bush and barack obama. in blunt and surprising detail, he rips obama's leadership and his most powerful insiders. that may cast long shadows on the next presidential election. days before it is released, leaked details contain stunning criticisms from a man publicly praised by the president. >> today, you are not only one of the longest serving secretaries of defense in american history but it is also clear that you have been one of the best. >> then, the president presented gates with the medal of freedom. jim acosta live with more on

this. good rmorning, jim. >> reporter: it has become an old washington cliche, work in walk and write a juicy memoir. this latest kiss and telecoms from the seemingly mild mannered former defense secretary, bob gates. at his farewell ceremony in 2011 after serving nearly every president since richard nixon, former defense secretary, bob gates, left the pentagon hinting he had issues with washington. >> i have spent a good deal of time venting frustrations with the pentagon bureaucracy. >> reporter: as it turns out, in his new memoir, gates launches a blistering attack on president obama. his white house was by far the most centralized and controlling in national security of any i had seen since richard nixon. on afghanistan, he says, the president doesn't believe in his

own strategy, doesn't consider the war to be his. for him, it's all about getting out. he goes on to say, suspicious and distrust of senior military officers by the president and vice president became a big problem for me. >> i think his words will have a significant impact. i'm a little surprised because a lot of times people are not quite as candid as it appears that his book is. >> reporter: how is this for candid? on biden, i think he has been wrong on nearly every major foreign policy and national security issue over the past four decades. on former secretary of state, hillary clinton, she said, hillary told the president that her opposition to the 2007 surge in iraq had been political, considering gates place in history sitting in the white house situation room with mr. obama, clinton the memoirs are seen by some as an act of

betrayal despite his assessment that the bin laden decision was one of the most courageous decisions i had ever witnessed in the white house. >> you owe your loyalty to that man or woman in the white house. if you can't handle it, you leave. >> gates wanted to have it both ways. >> back at the farewell ceremony in 2011, the president praised gates as an example of service to country. >> the integrity of bob gates is also a reminder, specially to folks here in washington, that civility, respectful discourse and citizenship over partisanship are not quaint relics of a bygone era. >> reporter: gates does offer some kind words for president obama, vice president biden and former secretary of state clinton. the white house feels stunned by the memoir. a statement said that the president disagrees with bob gates assessment of joe biden

saying that the vice president has been, quote, one of the leading statesmen of his time. something very interesting is going to happen at around 12:30 this afternoon. this rarely ever happens here at the white house. the president, the vice president, they are going to be sitting down for lunch. that happens on a weekly basis. what is rare is that the white house is going to allow still photographers inside that room for a few moments to capture some images. usually, it is an official white house photographer who is on the white house staff who provides a photograph of something like this. this occurred with hillary clinton about a year ago. we are going to see this between the vice president and the president happening around 12:30 and the actual news media who cover the white house, still photographers for the news media, will be allowed into that lunch. so it is interesting that that is happening one day after this blistering criticism from bob gates of the vice president, sort of asked around here at the white house whether or not this is somehow related to the book.

did not get any push backs or denial. >> can the photographers shout questions at the president and vice president while they are snapping away? >> reporter: technically, they could. i don't think you will see that happening. at the very least, i think -- i may be going out on a limb here. i think this is a statement of support coming from this president for this vice president that you are seeing this happen one day after this book and these excerpts are coming outgoing after the the president showing the vice presidenthis. >> jim acosta reporting live. i want to talk about jake tapper, cnn's chief washington correspondent. good morning, jake. what do you make of this? how serious is this book for the administration? we are still involved in military conflict around the world.

how serious are these -- how serious is this book as it relates to the president's policies over the world? >> well, the criticisms are fairly strong. most people have not read the book. most people have only seen the excerpts an the excerpts as is reporters do are the most controversial parts of the book. there is a lot in the book that could be very damaging in terms of first of all vice president biden's prospects to have the former secretary against the criticisms that gat are very strong about the president not being fully invested in his own afghanistan policy. there are a lot of other

criticisms spread throughout the book. i do think there is a lot the administration will have to respond. they are trying to take the high road and say nothing negative about gates and quibble with the issues. at the briefing and in the coming weeks, specially after the book is released, there will be a lot more the administration feels they have to answer directly on. >> why do you suppose gates wrote the book at this particular time? >> well, i think first of all it is fairly clear to me that he is not going to enter government again for the rest of his life. this is his second book. i think this is the one in which he wanted to be candid. sources close to gates say he wanted to give an honest reflection on his time in office. the book also contains criticisms about the bush administration but because that administration is over, it is not getting as much attention. i want to play one sound bite. this is a former chief adviser to president obama, david axlerod, when asked about specifically the story in the

book when gates is sitting there and hears secretary of state, hillary clinton, say that her criticism to -- he says he did it for the same reason and gates expresses shock and dismay that they would admit such a thing, here is what david axlerod had to say about that. >> i am not suggesting he made things up to sell a book. i think the language he used, for example, on that iraq story was vague and it was subjective and it was -- there was no declaration on the president's part that he made that desoings a political basis. >> now, this is the chief adviser, former chief adviser to president obama talking about a conversation that was made in front of the secretary of defense about a decision made in 2007.

this is very important. it is very significant that axlerod feels the need to defense the president on that. it shows just how defensive the obama administration and loyalists are feeling about this even if publicly they are trying to have a great face. >> many thanks. today, the supreme leader of north korea, kim jong-un is celebrating his 31st birthday and dennis rodman is celebrating with him. he waved and bowed to his dear friend. rodman and his team of former nba players played an exhibition game. rodman's team actually lost. he is coming under fire by u.s. officials because he is rubbing elbows with north korea's elite and criticizing kenneth bay who is in north korea. >> terry chung spoke out.

>> i was shocked by his words. i am not sure where he is getting his information and how much credence i would give to his outbursts. he is certainly not a diplomate and not an authority on this case at all. i don't think he has or is in any kind of position to remark on his case specially after making it clear he has no intention to help. >> rodman, of course, as you know by now, had an outburst on cnn's "new day" suggesting bay was guilty. the dreaded polar vortex is finally moving on. it is the abnormal weather system that kept much of the country at near zero degree temperatures. it dumped more than a foot of snow near new york. busted water main sent water into the air. you can see the ice warming on the power lines above.

temperatures hovering around 20 degrees. check out this picture of a pie lo depilot flowing to chicago showing a frozen lake michigan. thankfully, by saturday, most of the temperatures will be back to normal. thank you, indra peterson. finally, people are looking at me and they are smiling. let's take a look at where the station stands right now. we are still talking about a good 30 degrees below zero in places like minnesota. it is relative. this is 20 degrees warmer than yesterday. still, down in the southeast, seeing the temperatures very frigid and below zero. we all know by going to leave

out, atlanta. tallahassee is going to look at 70s. other places in florida close to 80 degrees. things are going to be looking so much better. icing may be out there today. by the weekend, friday, midwest looking for rain and snow and that's going to make its way into the north. do we care anymore if there is rain or snow, as long as it is warmer. >> you and i don't. indra peterson, thanks so much. still to come in the "newsroom," the backlash against seaworld and its alleged cruelty to killer whales is now turning into one big headache for southwest airlines. martin savidge is here to explain. >> you know the relationship between southwest and seaworld

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the cnn documentary black fish traces the history of killer whales in captivity. seaworld has slammed the film saying it is inaccurate. that hasn't stopped a number of entertainers from canceling appearances at seaworld. they are urging southwest to cut ties as well. martin savidge, you have been covering this story. what's up now? >> morning, carol. we should explain the relationship between southwest and seaworld goes back a long way, 25 years. southwest has been coming up with package deals to allow passengers to fly and they get discounts on the tickets to go to the park. what the animal activists are saying, this relationship is no longer a good one. southwest even has a number of their planes that are painted in -- this one looks like a giant killer whale and others look like penguins.

the animal activists are emboldened by the publicity the film has received. they are trying to go after their financial partners. southwest is one of the biggest. these protesters have about 27,000 petition ne petitioners. they are going to deliver the petitions and a message saying, if you want to continue this relationship with seaworld, it could have an impact. there are going to be some passengers that are not going to be comfortable with this relationship, because they don't like what seaworld does with their animals. they have come out and said, we have an agreement with seaworld and we are going to be good partners and continue that agreement. they left the door open saying we are also in the listening and learning phase. they are clearly going to pay

attention to this. right now, they say it is going to have no impact on their relationship with seaworld. so, stay tuned. >> you are not kidding. martin savidge, many thanks. we have one of those protesters joining us now. he will be protesting at southwest dallas headquarters today. good morning. >> good morning, carol. thanks for having me. >> why do you feel so strongly about this? >> southwest has been a cheerleader for animal abuse through the dangerous partnership with seaworld where whales and dolphins are forced to spend their entire life in tanks that to them are the size of a mere bathtub. >> a lot of entertainers had said they will not perform at seaworld any longer. we are talking about many different kinds of entertainers, too, right? >> yes, we are. we have a whole list of performers that have backed out. most of them are performers from

back in the day. that's not the point. many musicians feel very strongly about this. they have had a series of five to six, maybe eight groups that have backed out. >> i was just pointing that out. groups like yours have been successful in forcing entertainers to drop out at seaworld. do you think your efforts will prove successful? >> we hope southwest will take our message svery seriously. i am one of those urging southwest to end this dangerous partnership with seaworld. you will be protesting outside. will you go into airports and protest and do things like that as well? >> we are following all local, federal, and state laws and acting within our own rights, our first amendment rights to protest to end this dangerous partnership. we will be at southwest airlines

headquarters attempting to deliver this petition in person. we have not heard back from them. we will make another attempted to after the protest. >> in the end, what would you like to see happen. i am not talking about southwest. i am talking about seaworld. >> our message was for southwest. they were founded on the principles of love and respect for others. seaworld has had a long history of abusing animals as documented in "black fish" they have very little regard for their employee's welfare as well. this is a very important issue that we hope southwest takes very seriously. >> eddy garza, thanks so much. i don't know if you have actually talked to seaworld. you have gotten statements from seaworld. what are they saying about this controversy. >> they will say that the care they provide for their animals is the very best care that can be provided by anyone, they have the finest facilities and they defend all the practices their trainers and handlers do. they believe they are doing the best for the animals in their care. >> thanks so much. still to come in the "newsroom," yahoo! about to get a facelift.

ceo, marissa maier, announces some major questions for the site. christine romans has all the details. >> nobody knows you better than your phone. maris maris marissa maier knows it. how she is going to make that work for yahoo! right after the break. more adventures await in the lexus lx. dare to be spontaneous.

computer. christine romans? >> the future is mobile. she said it 100 times. information is what people want. your news stream is a mess. you can see yahoo! is going from

this stodgy old sernarch engine. she bought a company that changes what apps you see and what your news feed says depending on where you are, if you are at the gym or getting in your car. i want you to listen to what she had to say about it. >> think about how much your phone understands about you, your location, your contacts, your calendar, your e-mails. now, imagine what happens when that context becomes part of the search experience. the future of search is contextural knowledge. we are investing to become part of this future. >> no one knows you better than your own phone and that can be a good help for you to make you more efficient. in terms of the computers that are curating your news digest. that's the technology they bought from this teenager

earlier this year. they bought it. they are going to put that together so that basically it is a news digest compiled by computers by edited or curated by humans to save you time. there you go, carol. >> i like the human factor still in there. >> you always need the human factor. >> i think so. at least shlgs i hope so. christine romans, many thanks. still to come in the "newsroom," the politics of poverty on the 50th anniversary of lbj's war on poverty. some say not much has changed. dana bash in washington with more on that. good morning. differences over that, whether things have changed and more fundamental differences over how to solve the problem for people still in poverty. i'll have more on that coming up after the break. if you're living with moderate to severe crohn's disease, and it feels like your life revolves around your symptoms, ask your gastroenterologist about humira adalimumab. humira has been proven to work for adults

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good morning. i'm carol costello. thanks for joining me. a new memoir by former defense secretary, robert gates,

is going across washington and beyond. he blasts president obama's lack of faith in military leaders and rips joe biden and hillary clinton, potential candidates in the 2016 presidential race z. >> check this out, the minnesota state patrol says the driver of a pickup lost control on an icy road. the truck goes over a guardrail and lands on a pond 40 feet below. the driver survived. she is in the hospital but in fair condition this morning. >> a congressman that pleaded guilty to cocaine possession is now back on capitol hill. he apologized for his actions but says he is not yet thinking about re-election. he may face the gop primary challenger in august. radel completed a substance abuse program in florida and will continue his treatment in washington 50 years ago, president lyndon johnson made this bold

vow. >> and this administration today here and now declares unconditional war on poverty in america. >> well, now, congressional republicans, including senator marco rubio, are marking that anniversary and taking aim at president obama in the process. our chief congressional correspondent, dana bash, with more on this. >> good morning, carol. there are going to be events all over capitol hill, pretty partisan that. probably won't shock you. it is pretty unanimous that poverty still exists and is still a big problem. differences about how bad it really is. the big, philosophical, fundamental difference shines here like on few other issues. democrats who believe that the safety net should be there no matter what and republicans that believe that the safety net has limits and that people should be more encouraged to get jobs than

government assistance. listen to what john boehner said, the house speaker, this morning. >> when you look at poverty, lots of facets to it. the one solution that we all know that works is a job. >> now, we're waiting for an event to start led by republican congressman, steve southerland of florida. i think maybe he most illustrates, carol, the point of view that many republicans feel in the house and he has kind of interesting, he was a lightning rod over the past year. he helped torpedo the farm bill because of the food stamp provision in it. democrats cried out, saying, are you kidding me? the people in most need, you are trying to take that away. he has another proposal he is continuing to push today which would require people to get a specific number of hours of work. that really does show you the difference in philosophy between the two parties here when it

comes to the issue of poverty and how to end it. >> it is interesting, both parties are embracing lbj's pledge because democrats are going to stage a number of demonstrations too today. it would be nice if republicans and democrats would kind of get together but that won't happen. >> they are both embracing the pledge. they definitely have different points of view on whether or not lbj's programs worked. marco rubio, he is going to give a big speech in the lbj room. before he was president, he was a powerful senate majority leader and the room that democrats regularly meet in -- that republicans regularly meet in is named after him. he is going to say, he doesn't feel that lbj's policies work because his progressive, liberal, mind-set and philosophy to addressing it. we are going to see democrats commemorating the event.

in the regular, democratic meeting, among house members, they watched excerpts of lbj's speech and his granddaughter is going to be here at one of the events. >> dana bash, reporting live. when jetblue canceled hundreds of flights affecting as many as 150,000 passengers. they didn't just blame the bad weather but pointed to new faa regulations that went into effect on saturday. they require pilots to get at least ten hours of rest before their flight duty. those changes were announced two years ago in december of 2011. jetblue requested a delay but the faa turned it down. joining me is captain don wycock and supports the new pilot rest rules. good morning, captain. >> good morning. how are you? >> i'm good. was it fair for jetblue to point a finger at these new regulations as a reason so many flights were canceled?

>> well, look, i just finished five days of flying through this weather system that came through. as has been reported on all the media outlets, this was really ace historic weather system that came through. we have to ask ourselves, if this happened before the new rules, would we still have the level of disruption and the answer probably is yes. at the end of the day, if we really take a good look at how many of the different airlines fared through this whole problem, the ones that fared the bust are the ones that had the most robust operation control and that took advantage of the full year two-year implementation to make sure they were ready for the new flight and duty rules to be implemented on january 4th. >> are there enough pilots to accommodate the new regulations? >> we have had two years to take a really good look at that. more so of whether we would need more pilots is how we integrate the rules into our daily

operations. it was a bit of a perfect storm, pun intended, if you will, when we literally turned this on nd awe were in the middle of a very significant weather event. so we've had changes to the regulation in the past 20 years. it resulted in changes like we're seeing here. there have been times where maybe there has been an increase in pilot staffing. many times, what happens is the system just adapts to the needs and there is very powerful scheduling tools that are out there and at the end of the day, this system adapts to it and we move on with our core business. >> jetblue says scheduling pilots can be a delicate situation. what does it mean by that? >> well, that's a good question. maybe it is more pointed towards like any of the other airlines, it is a complex system to make sure you have a large flying operation and you have pilots and flight attendants in the

aircraft ready to go when it is time to push back and make that flight. i would probably ask the question the other way. it seems like many of the other air carriers with more complex and larger operations are able to adapt to this. so i'm not really sure that some of this situation, the problems over the last four or five days have really been caused by the implementation of these rules. >> captain don wykoff, thanks so >> captain don wykoff, thanks so much for joining us this

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"elle" magazine under fire for its cover photo. only one actress, mindy kaling, on left, is photographed above the waist. some are accusing the magazine of hiding mindy's fuller figure. i'm amazing this has caused so much controversy. >> you and me both. i'm with you on this, carol. another year, another fashion and body image story we are doing again. like you said, it is "elle" magazine this time that is being

accused of covering up mindy kaling, because she is not a size zero. she is not a plus size either. this features four really funny women in different poses. zoey day chanel, alison williams and amy poehler and mindy kaling. there are two ways to think about this. they are saying that "elle" was covering her up. it may be the best cover of all four options. by the way, mindy loves this cover. she tweeted about it. she says, i love my @ellemagazine cover. if anybody wants to see more of my body, go on 13 dates with me. >> some said her cover was in black and white and the others were not. >> i looked athe that covers a

throw back to old hollywood. look at her face and how striking she looks. i think it is gorgeous. sometimes there are hollywood -- hollywood does put this whole size issue on people. sometimes it's not. sometimes it's just different. it makes you think it makes you wonder if she loves it, why are we all fired up about it? >> i think everyone is going back to the melissa mccarthy cover where she was covered up about by a trench coat. >> in that same situation, melissa mccarthy said she loved that "elle" issue there and picked out that coat herself. she said, well, yeah, i covered myself up, because i thought it is was very chic. i thought melissa mccarthy looked stunning on that cover of

"elle." we did reach out and ask about this. here is what they told us. they said, mindy looks sexy, beautiful and chic. we think it is a striking and sophisticated cover and are thrilled to celebrate her in our women in tv issue. i think the question should be, a question for the other three ladies, did they get a chance to pick their pictures? did they want to pick full body shots or were there photos of them taken of just their face and elle decided not to use them or they decided not to use them. it is a good question. a good talking point. everybody has a different opinion. >> i just want my face shown. >> listen, lady, you are fine. don't take that the wrong way. you are gorgeous. >> i love you, nischelle turner. one of the higher institutions of learning, they say, so many student athletes can't even read. dentures are very different to real teeth.

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it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what? her congressional career was cut short after a gunman wounded her at a campaign event but gabby giffords is vowing to continue her fight not just to recover but to reform the gun laws in this country. in today's "new york times," she writes, our fight is a lot more like my rehab, every day, we must wake up resolved and

determined. i am committed to my country and my resolution standing with the vast majority of americans to know we can and must be safer to see no ground to those that convince us the path is too steep or we too weak. a super bowl party without cheese dip? we may soon find out. stores are running low on velveeta. you may not be able to find it in the coming weeks. the company declined to give specific reasons for this shortage but says it is a short-term situation that craft is working to fix as soon as possible prosecutors have wrapped up their investigation into an academic scandal at the university of north carolina but say another person could be charged. julius nangoro has been indicted and appeared in court. he is the former chairman of the department of african and afro-american studies. he is accused of taking money for teaching a class that did not exist. he is the latest figure to fall in what began as an ncaa

investigation of the unc football program in 2010. cnn's sarah gannam has been looking into the football and basketball program there and uncovered some glaring academic failings. >> reporter: the university of north carry care is not just an academic powerhouse with dedicated fans but a top tier academic institution. one academic counselor who spent years tutors student athletes says so many of them can't read. >> we may as well go to glenwood elementary and let all the fourth and third graders in here. >> if they can't read and there are no reimmediate yell classes, what is the other option, to cheat? >> to cheat or to find some core or curriculum where there is little or no work expected of the student. >> reporter: mary willingham

says there are athletes that come to the university of north carolina that are reading at a third and fourth grade level. there is no way they can succeed in a college classroom. >> reporter: she is one of the few people we could find that is looking at the reading level in the revenue-generating sports, football and basketball. >> they are leaving here without an education. they are significantly behind the level of reading and writing that's required. >> reporter: with the university's permission, she combed through eight years worth of test scores and found up to 25% of athletes in the revenue sports don't have the skills to take classes at a community college, let alone a competitive university like unc. looking at 183 football and basketball players, between 2004 and 2012, willingham found that 8% were reading below a fourth grade level and 60% were reading

between a fourth and eighth grade reading level. we wanted to know, is this happening in other schools? the ncaa told us that in 2012, there were 30 football and basketball players who were admitted with very low test scores. of course, they point out, that's just a small percentage of the 5700 athletes admitted that year who are playing those sports. we wanted to know for ourselves. so we filed open records requests at 37 public universities across the country where open records laws apply. we asked for six years worth of data. we got data back from 21 division 1 universities, including top 25 ranked football schools like texas a&m, georgia, oklahoma state, ohio state, and clemson. the results were startling. most schools had between 7% and 18% of football and basketball players scoring so well on the reading portion of their exams,

experts told us they would only be reading at an elementary level. that's an act score of 16 or less or below a 400 on the reading portion of the sat. many of the universities had different explanations for low test scores. like texas, which said some athletes don't try very hard aiming only to become ncaa eligible or washington, which pointed out low scores may indicate learning disabilities and louisville, which said entrance exams are just one factor considered when admitting a student athlete. you can read their full responses on cnn.com. not every school we asked would give us information. about half refused or said they would send the data after football season. neither florida state nor auburn, which played in the bcs championship game, provided data. why did we first go to unc? we were following up on a scandal from two years ago when it was discovered that many

student athletes were enrolled in classes that required little or no work. even though the ncaa said it found no athletic scandal, a professor was recently indicted for fraud and usc's internal investigation found evidence of academic fraud. as a result, the school put in place 120 reforms and insists that unc's athletic program is now clean. you are confident here you are doing the right thing by student athletes? >> i'm very confident. we admit students can do the work. we are highly competitive. our students have to compete monday to friday as well as they do on saturday. the ones that are committed to being outstanding students, they are. >> reporter: mary willingham says she is skeptical these changes have made a difference. >> we say we made 120 changes, which you can make all the changes you want but if you are still not meeting students where they are at as an educator and bringing them along so they can

have success in the classroom, those changes are all for nothing. >> i have to say, cnn talked to a dozen professors and advisers at multiple other universities. they echo what mary willingham found. the universities argue they are satisfied with their overall graduation rates. the question here, is, how do these athletes graduate if they can't read? >> how do you get through high school if you are reading at a third or fourth grade level? so they are accepted into these universities. they are playing football, making massive amounts of money for the universities. the universities know that they are never going to educate these kids, because you can't be educated at a college level when you are reading at a third-grade level and yet they don't pay these athletes any money. >> right. the question is, a lot of people are pointing out today at least, you know, with the percentage of these guys that actually go pro, that can make a living without essentially being able to read, they can make a living off of

their sport, that number is very low, less than 2% of these athletes that make it to the draft. a very low number go on to play professional sports. sara ganim, many thanks. >> put reporters in below zero conditions and sometimes you get a little humor with the news. we'll check out the funniest moments thanks to the polar vortex. [ male announcer ] we could say a lot about the most track-tested is ever... but the truth is... we don't have to. the experts have spoken. now it's your move. ♪ spending the day with my niece.

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freezing temperatures are no laughing matter. there is some humor in the polar vortex. jeanne moos shows us. >> reporter: reporters came with a big brand of thermometers jury-rigged to a light stand. >> me, like a genius is standing on a wendy bridge. >> reporter: dumped unceremoniusly. >> it is cold. >> reporter: for those covering the deep freeze, a time of high pressure. >> the polar vortex. >> something we call polar vortex. >> reporter: it sounds like the name of a band. >> polar vortex. >> reporter: or science fiction movie or buzz feed suggests maybe a roller coaster or a brand of after shave or a new time for a brain freeze. >> reporter: for some of us, the

term polar vortex may be something to curse about. >> reporter: how cold was it? cold enough to make eyes water and noses run. >> i feel like my nose is running and i'm not going to be aware of it. >> no, it is your eyes. >> reporter: cold enough to show off props. >> reporter: here is a hamburger and a steak. we left it out. in 15 minutes, frozen solid. >> that is crazy. it is a classic. listen to it. >> reporter: solid. >> reporter: even amateurs can't resist. but there is one guy in particular who should have held his tongue instead of using it to demonstrate. z-100 raid dwr z-100 radio personality teed up his tongue to see if it would stick. >> it is not coming off. >> reporter: not quite as cute as the christmas story scene that inspired the stunt.

>> reporter: greg tee finally got his tongue untied by pouring water over it. >> reporter: it was so cold a prison escapy in kentucky turned himself in. robert vic came to this motel and asked him to call the law. >> he had frostbit on his fingers. he was pit i full. >> reporter: akagsly those covering the weather uncovered tmi. >> reporter: a have three layers of fleece-lined pants. >> things are freezing on my body that i didn't know were possible to freeze. >> reporter: probably somewhere south of her polar plexus. jeanne moos, cnn. >> this is the polar vortex. >> reporter: new york. we are in for a big warmup. thank you for joining me today. >> legal view with ashleigh banfield starts now. president obama's ex defense chief,