here. >> i'm dan jones. >> i'm newt gingrich. erin burnett "out front" starts erin burnett "out front" starts right now. -- captions by vitac -- www.vitac.com next breaking news out of k kiev tonight. we have exclusive footage. facebook pays a jaw dropping $19 billion for an app. is it worth it. ted nugent calls the president a subhuman mongrel. let's go "out front." good evening, everyone. i'm erin burnett. breaking news. military forces and ukraine on the move ready to defend bases and weapons depots.

there is word of a truce after bloody and violent clashes in kiev. how fragile is this? take a listen. that was the scene less than 24 hours ago in kiev. as you can see, this violence and bloodshed has been incredibly difficult could control. 26 people have been killed since the government's decision to align with russia instead of the west. president obama made it clear where the united states stands. >> we hold the government primarily responsible for making sure that it is dealing with peaceful protestors in an

appropriate way, that the ukrainian people are able to assemble and speak freely about their interests without fear of repression. we'll be monitoring very carefully the situation recognizing that along with our our r european partners that there rb consequences. >> the secretary of state john kerry said the united states is considering additional sanctions. now this fight is important to the united states in one way describing it as this, it's a proxy war. the ukraine on a map, smack in the middle of russia and the west. for putin ukraine is important. his first step is getting ukraine firmly on his side. that's something president obama doesn't want to see what.

what will mean with the truce between obama and putin. nick walsh is here. will the truce hold? >> reporter: unlikely at this point to be honest. we can't see much of a truce as it stands. we know he met leaders that they agreed on, one, a troous, and ending the bloodshed. >> we've seen protestors and mo molotov cocktails. stun guns. fireworks, as i say. there's thick black smoke from tire fires being used to keep people back. no signs of lessening of

tension. eerie and pacifying. there's a priest conducting a mass. >> nick, the protesters are talking on the bull horn, am i right? >> they're trying to keep people here during this cold weather, their spirits high. we are going to see tomorrow potentially some more diplomatic moves, three key european foreign ministers. that may be behind kovic's bid to try to calm things down. hours earlier he was talking about how the radicals in the ranks are denouncing them and his head of security was referring to the need for an anti-terror operation across the country. that has people in the square quite concerned. we were talking to them. a lot of them very worried about

this hard rhetoric they're hearing from their government. being called a terrorist is very troubling anywhere in the world. it seems to give the governments carte blanche. their concerns here where we're seeing continued standoffs. large amounts of riot police moving around. continued back and forth with the molotov cocktails and missiles. real concern about how tonight goes. >> thank you very much, nick. we appreciate it. >> you can hear the noise going on there. it is 2:00 in the morning. now to our other top story tonight, the breaking news here at home. issued by the department of homeland security. we have some overseas information. specific cities are listed on the advisory, including cairo, johannesburg, cities in the middle east, london. joining me, phil mudd, a former

cia director of counter terrorism. phil, what do you make, they are listing specific cities. how concerned are you but think about those details. >> i'm no so concerned about that as i was the bomb. when i was following al dade from t -- al qaeda, we're not talking about a roadside device, we're talking about something that can get past sensors in an airport. so i'd be trying to figure out not only how to stop the bomb but figure out who can make something like this. >> i'm also curious flying out of a lot of those airports and airports in the middle east, i'm going to be pretty blunt here. some of them don't have a heck of a lot of security. >> i think that's true. i think it also shows us how this terrorism threat bothers

us. madrid, london, new york, relatively limited. today we're looking at terror threats in iraq, syria, north africa. we had the underwear bomber and cargo threats out of yemen. it shows you how much the terror threat has metastasized. >> what can the united states do. shoe bombs but then 25, 30 cities. they're saying it's not specific. hard to interpret. >> it is, but usually you're not going to put this plot out if somebody walks into an fbi office, they say i know somebody with a bomb. you have to get to a level above that to warn the american people. i look at this and say it's not a dime a dozen. it's also not sort of an everyday occurrence. they've got to have something that's motivated them, especially during the olympics, to come out and warn so many people worldwide. >> all right. thank you very much, phil. appreciate your taking the time.

>> my pleasure. out front next, breaking business news. facebook goes on its biggest shopping spree. why did the company decide to spend $19 billion on an app? we're not joking here. plus, disturbing case of friendly fire. how close a 500 pound bomb came for killing people. and ted nugent is under fire for this? >> chicago, communist raised, communist educated, communist nurtured subhuman mongrel. [ car alarm chirps ] ♪ [ male announcer ] we don't just certify our pre-owned vehicles. we inspect, analyze, and recondition each one, until it's nothing short of a genuine certified pre-owned mercedes-benz for the next new owner. [ car alarm chirps ] hurry in to the mercedes-benz certified pre-owned sales event. visit today for exceptional offers.

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breaking business news. facebook in a $19 billion buy just announced in the past couple hours. the social media giant announcing it has just bought a mobile messaging app. is it worth it and what the heck is what's app? cnn technology analyst brett larsson and joe are "out front." brett and i were joking that i have a blackberry so i'm not an app person. all of this is greek to me. obviously this is worth a hell of a lot of money. $19 billion. i'm stunned. what is this? >> it's a messaging app that is incredibly popular. they send billions of messages a day, exchanged, using what's app. it's got a very young demographic which is something that facebook really desperately needs because they're both losing young users and not attracting young users so they

risk going away of my space, friendster of aol. >> if i get a text on my phone, this is my mobile app. i'm still paying verizon, at&t, or somebody something, why is this better than text? >> a stupid person question asked by erin burnett. >> there are no stupid questions. >> in layman's terms texting takes away from a bucket of texts that you may get. you may have unlimited texts and it doesn't matter. texting in forms of data is very, very small amounts of data. even if you only have a one or two gigabyte data plan sending hundreds of messages is not going to eat big into that. >> little cheaper? >> definitely. you buy into this? i get it, apps are popular. $19 billion. >> it's not the $19 billion.

it's the 498 million people using it. the challenge, brett mentioned it before, i talked to experts, experts being my nephews and nieces on my way over here, it's funny. they don't use facebook anymore. why? because geriatrics like us are on there. >> right. you don't want to be where we are. >> right. >> what is this? is this something -- i'm not just texting you or having a little conversation with the two of you, i can text on this thing or whatever the right word is. i can my app it, let's app it with a whole group of people? >> right. and internationally also. it also has that -- you know, you're not paying to text someone in london, you might be paying a different amount. it's all over the web. >> there is a revenue stream attached to this. >> what is it? >> it's free for the first year but at the year end they charge

you $1. that's a nice little revenue stream that we're talking about. >> the whole thing seems to me by the time i learn one of these things it's not cool. you talk about my space but you have now instagram is hot. there was something else. i can't remember the name of it before instagram. then that might go away. $19 billion is not a fad kind of thing. >> right. true. look, no one uses the phone anymore. i just had my birthday. >> happy 39th. >> i got one phone call. it's the 14th anniversary of my 29th birthday. >> i got 1 phone call annbut i 177 messages. >> it reminds me it's your birthday. >> it means you have to spend more time talking to people. that's why i'm on the left. >> to stacy black, the one

person who called me, to everybody else on facebook who put up the effort -- >> this is now the new world that we live in where it's easier to message an instant message over facebook. easier to send an e-mail. you can do it on your own time if you live in different time zones. i prefer e-mails and texts and i don't have to worry about my phone ringing. >> that's true. are people going to like this. i'm not sure if they go it's not okay. i think they're going to have a positive reaction. at the end of the day, facebook, mark zuckerberg, not innovators. facebook isn't a big innovation, facebook is just another social media site that came along with

frontster. for facebook to continue to be the 800 ton gol ril la, that can help me. >> little things for 19 billion. >> i'm this far behind. not only do i take pictures and text them, i use a blackberry. >> where are the wickle balls. >> i will hold your hand and take you to the apple store when you are ready. >> thank you. still to come, many say a white man who shot and killed a black teen over loud music got away. bridgegate, what does it mean for the governor. some who the pockets were called because they could contain dies ceased meat. ♪ ♪

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a bridgegate apology not from chris christie but from the chairman of the port authority, david sampson. his agency orchestrated the lane closures. he's a christie appointee. today he's sorrsorry. could be a significant move for the governor of new jersey. what does it mean? >> not much, erin. we may hear more from christie tomorrow.

today's apology came during a meeting for the port authority. he did say he didn't want the port authority to be mischaraterized by the actions of a few individuals. >> on behalf of the board of commissioners we are deeply sorry. >> while i would like to comment more specifically about some of the outstanding issues, i recognize that there are established efforts to examine the events that occurred. >> now sampson says the public will have a complete picture of exactly what happened after the investigation by the state legislative committee is over and, erin, it's important to note that sampson himself has been subpoenaed by that committee. >> right. that committee, they have been looking -- we made this point. they've been looking since october, subpoenas and subpoenas, trying to find what really happened and trying to find the proverbial smoking gun for the governor. there are new developments on that front as well.

>> that's right, aaron. today the state committee doubled down trying to get documents from bridgette kelly and bill stepien. it filed papers in a new jersey court today. they have so far refused to hand anything over. they're arguing that it violates their fifth amendment rights against self-incrimination. in describing it, a source boiled it down like this. kelly and step enlost their -- they can't further incriminate themselves by providing documents that have already been shared. stepien's attorney says we have received the brief and have not reviewed it. it's important to note that kelly's attorney has not returned my request for comment, aaron. >> thank you very much. he's been covering this very important story for 2016.

now it's time for the "out front" out take. prince charles is out in a cultural festival in saudi arabia. he wore robes. where is he? he carried a sword in a traditional dance. when we watched it today, it seemed like he phoned it in. kind of like not really getting into it. why not show off what you can do like these dancing dignitaries.

i'm impressed we had nixon in there. >> still to come, ted nugent with incredibly harsh words for president obama. american aircraft drops a bomb almost on american soldiers. >> oh, [ bleep ]. [ sneezes, coughs ]

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welcome back to the second half of "out front." mystery aboard the maersk alabama. two people were found dead. it's not clear tonight how the two men died but maersk said in the statement it was not related to vessel operations or duties as security personnel. talk about the duties, the maersk goes through the pilot

alley. the vessel was docked off the southeastern coast of africa. their bodies was found by a colleague. autopsies are expected this week. diseased and unsound animals. that's what prompted nestle to recall two varieties of philly cheese and steak hot pockets. no illnesses have been reported so far though it is important to note. just in, a major united states university hacked. a database at the university of maryland with more than 300,000 names, social security numbers, date of birth and university i.d. numbers for faculty, staff, students has been compromised. in a letter to the university the school's president says no financial or health information was stolen. that could be of little consolation. they have their social security numbers. the feds are investigating. in the meantime, the university is offering a year of free credit monitoring for those

affected. a stunning new video shows a group of american soldiers as they nearly escaped from being hit by a 500 pound u.s. bomb. let's show it to you. >> there it is. >> yeah. >> oh, [ bleep ]! what the [ bleep ]! >> the video was shot in afghanistan in 2012 but wasn't posted online until this week. our pentagon correspondent barbara starr is "out front." barbara, you think of the devastation that could have wreaked. do we know how it happened? >> reporter: we do, erin. the military says they conducted an investigation. thankfully no one was hurt or killed. apparently it happened because the air crew overhead that was dropping the bomb had the wrong gps coordinates somehow. the investigation determined

that it was an accident. no one was held liable. no one was punished for it. it does happen, but rarely, and thankfully this time everyone was okay, but what a scene to see what happens when a 500 pound bomb lands on your head. >> barbara starr, thank you very much. shocking, incredible video. tonight, ted nugent, the rock star turned political fire ram was supposed to be a guest on this show. he actually promoted it on his twitter account and we promoted it here on the air at cnn. just over two hours before our show nugent canceled. he said he was sick. here's why i wanted to talk to him. he campaigned with texas gubernatorial candidate greg abbott. they slammed abbott for aligning himself with nugent because he called the president a subhuman mongrel. i want to play for you what he said with the full context. >> i have obviously failed to galvanize and prod if not shame

enough americans to be ever vigilant not to let a chicago communist raised, communist educated, communist nurtured subhuman mongrel like the acorn community organizer barack hussein obama to weasel his way into the top office of authority in the united states of america. >> so after that happened my colleague, wolf blitzer, reported on the term subhuman mongrel. he noted that it's a term that nazis called jews to justify the genocide of the jewish community. they used the term subhuman and mongrel in multiple events. then nugent attacked this network and wolf with tweets, cnn, sol alinsky and wolf blitzer is a journalist and i'm a gay pirate from cuba.

joining me are two great men from the state of texas where these things happen. ben, before obviously there is some humor in this but there is also, you know, something deadly serious, and that is this term subhuman mongrel. that's not like saying people hate his policies. subhuman mongrel is a term used by white supremacists and in nazi germany. it's racist. >> it's certainly a term that any politician would not use and most people that would be talking about it would not be used. we're dealing with a rock star here. we're dealing with rock stars like pearl jam who took a blowup doll on the stage and no one frequent freaked that. the foo fighters. we're dealing with dave matthews who said he would get the president drunk and help him become an alcoholic again if it

would help. these are what rock stars say. to act like he's not some inflammatory crazy rock star i do think is a little bit funny. we're not talking about a pastor, priest, or politician. he's a crazy nut job rock star and people go to joe's to see that happen. >> all of that may be true, ben, let me ask this to paul but i'm going to want your response to it. >> sure. >> he appeared introducing by the side of the front-runner for governor of texas at a political event. so it was okay for that politician to be with him. is that okay, paul? >> i think that's where the story goes. i've interviewed ted nugent. he's not a star. he was a has been. >> go to a concert. >> excuse me for talking while you're interrupting. he was a star in the first year of the carter administration. certainly before we even had cds.

he's a washed up hack who's trying to keep himself relevant by being a controversialist. it still applies to hack rock and rollers who are washed up and being racist. we've talked about this with earn. that's not where the story is most interested. it's interesting as a political strategist as how greg abbott, how and why his team said, let's associate with him. they knew what they were getting. abbott is not a stupid man. why would he socialize that. it's really hurting greg abbott. >> let me explain to you why they did it? ted nugent is a guy that people associate with the freedom and

gunshots. that's why they brought them in. they didn't bring him in with the issue of guns and the issue of ted nugent calling around. >> you're totally right. but, you know, but he said this, right? wendy davis -- >> sure. >> -- likely giek na to recall called him saying -- how can you do that? that's my question. >> it's a prime example, you're dealing with a rock star that's all the over the top. whether i thu he's a has been or not -- >> that just seems like an excuse, no matter what you are. we'll use that to justifien na in t -- justify en na in the holocaust. >> look at the people on the stage in the democratic

conviction whether it be rappers or the foo fighters if the press of the united states. he's just so short and sang things and written lyrics that are incredibly questionable to be put on the stage with the president but no one batted an eye at that. why the double standard? >> double issues. what someone does in their art is very good. he wrote a song. i can't forget the day i shot that bood i suspect, it's not my genre, is very different thenment what mr. nugent was racist. it was not surprising. this is what it says about greg abbott who are appalled by this and it's not about gun rights.

hell, i've got 20 guns. everybody in texas got guns. you can find a lot of people who are not saying things. you don't need to go there to get this guy. >> ben, let me make sure you're agreeing. >> absolutely. no. >> but you're saying you're saying, i don't have a high threshold talking about popping a cap in somebody. somehow ted nugent is not going to be out landish and crazy. you think he should act like a politician or pastor is laughable. it was on an issue of guns. what he said, this made me be clear. he said he 34e9 -- he said it in

a conversation. he called him a blood brother. it seems to me you have to acknowledge he's not just using the word washed up. he has millions of people who love what he says. that's why the term subhuman mongrel is problematic. >> it is. the people who follow it are called losers. they're voting for greg abbott. he's getting everybody who believes the racist thing. this is just really dumb. now he has associated himself with dupont. abbott knew what he was doing. i wish you could get greg abbott

on. i'd like to ask him why. why did he pick the guy who had earlier said these racist things. >> he don't have a good one. he's attorney general of texas. >> that's correct. >> all right. look. thanks very much to both of you. it was ted nugent. i was i said that the other day. >> he told me that, too. he uses that good. he is an ex-rock and roll hack. why do you associate with the guy. >> paul, i have to say this -- >> how many guns do you have? >> i've got five or six. >> so you're telling me the democrat had 15. it's been known to have some

fussy math. when he said that number, i had to ask you. come to my house. i'll show you all 20. still to come, a white man fired a gun into an suv full of black teenagers. kate upton is so skinny she almost defies gravity. and you...rent from national. because only national lets you choose any car in the aisle... and go. and only national is ranked highest in car rental customer satisfaction by j.d. power. (natalie) ooooh, i like your style. (vo) so do we, business pro. so do we. go national. go like a pro.

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now let's check in with anderson on what's coming up on a c360. >> the fighting in kiev and ukraine, this is what the fighting looked like. a truce was struck between the government and protesters. the question now, how long will the truce last. also, the heated deliberations in the jury room in the trial for the shooting and killing of 17-year-old jordan davis. we'll hear from one of the jurors and i'll speak to jordan's aunt who says the family is not giving up the fight. that's tonight's race and justice. plus ridiculist. >> anderson, looking forward to hearing that interview. now we're going to talk a little bit about that case. we were learning what was taking place inside the jury room as the 12 men and women were trying

to decide whether he murdered the team or self-defense. it's a case that put race in the spotlight again. juror number 4 says while she believes dunn got away with murder, three jurors didn't agree. despite this being such a highly charged case with a clear racial aspect, the jury made a decision to not consider race as part of the evidence at all. >> for a lot of folk in america they would say, white man shoots and kills a 17-year-old black boy, how could it not be about race on some level? >> sitting in that room, it was never presented that way. we looked at it as a bad situation where teenagers were together and words were spoken and lines were crossed. >> natalie jackson is defense attorney and cnn analyst. she was involved in the trayvon martin case and danny sevalis.

>> let me start with you, natalie. when you hear what the jurors said, they made a decision not to consider race. i'm sure they believed that. i'm not trying to say anybody lied, but do you think that's possible, that they could remove race from their analysis of what happened that night? >> i think that they can not talk about it but i don't think that it was removed. that's what happens in both of these cases that we've seen recently. in the other case, the trayvon martin case and this case, is that everyone said that they were not going to talk about race, but it was in the room and when it's in the room, what happens is that the race is there and by not confronting it, it just lingers and it forms your opinion. it's a part of your opinion. >> danny, do you agree? because it seems that happens a lot of times. people want to act like it doesn't matter, it's not going to influence my decision, and yet it so often does and it might have in this case. >> yeah.

listen, race is an issue in the justice system, but this case, the dunn case, is not a parable for that truth. when it comes to a jury in a deliberation room, if you have a race agenda, the last thing you're going to advance that is in a room with 12 strangers with the whole world watching. i think it's clear this jurp got hung up. the rest of the jury got it right. they got hung up on the definition of self-defense. overall the jury got it right. it was two or three jurors that just deadlocked. you can't help that. >> so, danny, what about this though, when you talk about how they deadlocked and they were going to take race out of the table. i have to play this. a lot of the viewers may not have heard this, a jail house conversation between done and his fiance. he talked about the black teens in the car and here's what he

said. >> she found some youtube videos of these guys and they're all gangster rappers, you know, because when the police said that these guys didn't have a record i was like, i wonder if your a just flying under the radar. >> right. >> >> is that about race? >> first question was about the jury. now we're talking about dunn. was dunn a racist? maybe. but a jury convicted him on almost every single charge and wanted to convict him of murder except for one, two and three jurors. so is that a -- was he a racist? we'll never know. he would say he was not. but it looks like the justice system ran its course. >> natalie, i'm curious. you could ask the question, look, give than he said that, that attitude was conveyed. and that sound bite we just heard that he would have been more likely to shoot a black teenager than a white teenager. in that case how can

self-defense hold? you don't know what he would have done. if he wouldn't have shot the white kid and he did shoot the black kid, right? >> motive is a part of the legal system. what motivates someone to act? in this case we've had the only person that advance dunn's self-defense theory was dunn. who was impeached on the stand by his own girlfriend. so how can you omit the reason and the motive of why he did what he did? and one of the theories is that it was because jordan dunn was a black teenager. it's very important. and i think that would a jury consider that and when the two -- the three jurors who were on the side of self-defense consider that, it had to play into some part of their psyche. whether they admit it or not. >> danny, what do you think about that? he felt more threatened because they were black, and it was self-defense but only because they were black. is that still self-defense?

>> well, probably not. look, dunn may have been a racist. maybe that factored into his shooting. but to say that dunn's actions, this one man, is representative of some kind of generalized white fear in america of young black males -- >> no one said that. we're talking about this case and subject -- [ overlapping speakers ] >> no. people are talking about subjective versus objective fear. >> we agree. there was no objective fear. dunn should have been convicted of second degree murder. >> so why was he not? that's what people are wondering. >> because of three jurors who were aberrations. we'll never know why they didn't understand the definition of self-defense? >> why? >> we don't know. maybe they'll say it had to do with race. i seriously doubt they'll come out and say it had to do with race. >> i agree with you. that doesn't mean we can't talk about it. [ overlapping speakers ]

>> trouble with the definition of self-defense. >> natalie. go ahead. >> i'm sorry. i was just saying that just because a jury won't talk about it or those three jurors won't talk about why they thought it may have been self-defense, dunn's unrational fear which i think is an objective judgment of his fear. but that doesn't mean that america can't talk about it. and i think it's very important. if nothing else comes out of this, we need to wonder why is the young black man, the young black man this object of fear. >> all right. >> do they risk their lives because of it. >> thank you very mumuch, both still to come, kate upton it out of this world for real. jeanne moos tells you the story. [ male announcer ] frequent heartburn? the choice is yours.

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"sports illustrated" is known for its sultry swimsuit editions. this year's photo shoot with kate upton was literally out of this world. we go of course to jeanne moos for more. >> reporter: we've seen everything from toothbrushes to tortillas in zero gravity. but gravity turns to levity when it's a "sports illustrated" swimsuit model floating by. that's kate upton, up up and thankfully not upchucking away. kate in the "sports illustrated"

crew boarded g force one in florida for their top secret photo shoot. talk at manual labor. the plane climbed steeply, then dives. at the top of the hump, passengers experience weightlessness for about 30 seconds. and pay 5,000 bucks to fly up and down about 15 times. but now it was kate upton's turn. zero g or bust. >> twirling, i was upside down. it was one of my favorite experiences so far in my life. >> reporter: zero gravity flights have a reputation for being so-called vomit comets. but the company zero g says only 4% of their passengers actually get sick. and kate upton wasn't one of them. >> kate was a dream up there. >> reporter: company president terese brewster notes the fuselage is padded so when gravity returns you don't get hurt in her teeny weany $35 big key knees from target, kate was

wearing less than sandra bullock did in "gravity." kate's sports il"sports illustr shoot seemed to be channelling "barbarella." not only did jane fonda to a strip tease but the credits maintained fonda's modesty. last year jimmy fallon was interviewing kate when he mused about a final frontier for her next shoot. >> space. >> next year. >> think about this. there's no gravity. >> it's incredible. >> reporter: we know what jimmy and the audience were imagining. >> how does the absence of gravity effect the position of your bosom? do things float? >> i think they don't move, really. >> reporter: america's first female astronaut, sally ride, was once asked if you need to wear a bra in space.

her reply, there is no sag in zero g. and guys, don't bother hoping the bikini will just -- >> lift off. >> reporter: jeanne moos, cnn, new york. >> "ac 360" starts now. good evening. two big breaking stories tonight. new intelligence involving threats to air travel, and a potential, potential break in fighting that has turned the center of ukraine's capital kiev into a fiery battle ground. take a look at these pictures that we just got.