-- captions by vitac -- right no .www.vitac.com next, u.s. intelligence caught off guard by the crisis in ukraine. serious new questions tonight about when the united states knew about a russian invasion. plus, a mother drives a van with three children inside into the atlantic ocean. was it an accident? we'll hear tonight from witnesses and we have new exclusive video of what happened "out front." surprising at missions today in the oscar pistorius trial. the blade runner asked a witness to take the fall for shooting that was weeks before he shot and killed his girlfriend. let's go "out front." good evening, everyone.

i'm erin burnett. "out front" tonight, america caught off guard. serious questions about whether u.s. intelligence failed to predict what was happening on the ground in the ukraine. in an intense hearing senator john mccain hammered chuck hagel questioning him whether u.s. intelligence was aware of russia's plans to invade crimea. they said they were aware early last week but that did not satisfy john mccain. >> despite all the media reports, our intelligence sources predicted that labrov would invade crimea? >> i don't get into specifics at an open hearing, but if you would like a briefing, your staff on the specifics of your question -- >> how about commenting on news reports that say that. >> news reports are news reports, but that is not the same as real intelligence. >> okay. in other words, the fact is, mr.

secretary, it was not predicted by our intelligence and that's already been well known, which is another massive failure because of our misreading, total misreading of the intentions of vladimir putin. >> another massive failure. well, the cia responded, and we're going to ask congressman peter cain whether those were fair questions. he joins me momentarily. first, the pressure is rising on vladimir putin. u.s. secretary of state john kerry met with russia's foreign minister labrov telling him it's time for russia to, quote, de-escalate the situation. meanwhile, the situation on the ground in crimea remains extremely tense. a u.n. envoy was forced to abandon his mission, leave the country. according to the u.n. robert sarry was ordered into a car by gunmen. he refused. he found safety at a local cafe. they tweeted this photo of him before they escorted sarry to

the airport. this is a snapshot of how tense things are. our anna korn is there. what can you tell us about these armed militias on the ground? >> reporter: yeah, they are certainly everywhere here in crimea, erin. obviously we saw what happened to robert sarry a little bit earlier this evening. really caught everybody off guard. but it demonstrates how volatile and dangerous the situation is. we spent much of the day outside a government building in the center of the city and these thugs, if you like, are everywhere. they're dressed in black or military fatigues, and they are very suspicious of westerners. every time we went out and interviewed somebody they would approach us and listen in to what we were saying to see if there was anything against this new government that's taken over here in crimea which is

obviously very pro russian. then, you know, that was something that they would address. but these people are very visible. they're obviously government buildings. they're at the airport as you fly in. on top of the militias, you have the russian troops, some 16,000 that have surrounded or occupied military bases here in crimea. erin, there are reports that perhaps more will be coming in in the coming days. >> all right. anna cornen reporting live. it's that kind of reporting that makes a difference here because it's very hard for anyone to know what's going on. the number of troops, is it 6,000, 16,000? that shows you the difficulty u.s. intelligence faces as well. con man cain is there. great to talk to you. >> great to talk to you. >> john mccain aggressively questioning secretary hagel today about what the u.s. knew and what he called another upda

public -- >> the invasion of the incursion was not predicted, however, it was among a list of possibilities. i think -- i've spoken to chairman mike rogers. i'm on the intelligence committee. we are going to hold hearings, do an investigation as if more intelligence could have been gathered or was the problem with the analysis. now the cia is right in that they did give that as a possibility but they certainly didn't say it was going to happen. i really can't go fooch further other than to say that we

certainly were never told definitely, probably that there would be any type of incursion by the russians and the question i would have is whether or not there was not enough intelligence or whether or not the analysis was not done properly or are we -- the fact that we can't get inside putin's head. but clearly we were not anticipating this level of attack, this level of incursion by the russians and that is something that as we're going to have i believe an ongoing series of crises with the russians we have to do better in the future. >> look, i understand the point of what you're saying. obviously the cia, correct? but it was one of many things that were listed. it's not as if you knew point blank this was going to happen. i know that intelligence reports were done. there were various options and choose your own adventure is a lighthearted way of saying it. what about john mccain in general. lindsey graham also.

mccain has called the president's foreign policy feckless in the past few days. lindsey graham linked the ukraine crisis to benghazi. you may have heard that but i want to play it for our viewers. >> sure. >> i've never seen an administration so incapable of doing what they say they'll do. don't tell the world you'll go to the ends of the earth to get our people killed if at the end of the day you do nothing about it. >> do you agree with this criticism of the president at this time? >> i am reluctant to say very much in time of crisis. i think it's important for us to stand together. having said that, as long as the issue is out there, i have in conversations with foreign leaders and diplomats, most of whom are allies of ours, say they are very troubled by the feeling out there, the belief among too many foreign leaders that they can't count on the president to follow through.

syria is an example of that where basically you have countries in the middle east to stand with them if the red line was crossed and suddenly the president stepped back. and also i think going back to 2009, the whole idea they had of blaming president bush for the breakdown of the relations with the russians was wrong. having said that, listen, it was putin that did it, not president obama. as americans, we need to stand with the president now. >> right. here's the question i have though. it's pretty difficult for the president, both big picture and little picture. big picture, the american people are tired of war. they do not want the president to go into syria. he's in a tough spot, right? it's easy to be someone else and sit there and say you should be doing this, you should be dock that, he's feckless. if you're in that spot, it's a pretty darn hard spot to be in. now i wonder if you fear the criticism of him will force him into doing something that he shouldn't do. there it doesn't seem to be any

good option. this is a great time to throw stones but you can say thank god its a not me sitting there because no one else would come up with what to do. >> let's make it clear that i'm not throwing stones, but since the issue has come up, i think the president's policy towards russia is one we have to change over a period of time. the president going back to 2009 was basically giving putin the clean bill of health and blaming george bush for the breakdown in relations. it's showing more leadership with the europeans to alert them and make it clear that russia cannot be trusted and putin is capable of erratic behavior, if not erratic behavior but aggressive behavior. the american people department want to go into it. having said that, that being the case, the president should not have said there was a red line that cannot be crossed. he should not have said that he was concerned about carrying out bombing raids. if he is going to have this

policy, which i think to some extent is too -- is not strong enough. if he's going to have that policy, then he shouldn't be hanging out and laying it on the line. he has to be consistent. >> thank you very much. i always appreciate your time. >> thank you. still to come, a hearing on capitol hill turns ugly. this is different than the one you just saw which is where a congressman got into a heated exchange. then a pregnant mother drives a mini van with her kids drives a mini van with her kids inside

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adolph hitler. she tried to clarify but she didn't back down. >> what i said yesterday is that the claims by president putin and other russians that they had to go into crimea and maybe further into eastern ukraine because they had to protect the

russian minorities, and that is reminiscent of claims that were made back in the 1930s when germany under the nazis kept talking about how they had to protect german my new orleans hornets in poland and czechoslovakia and elsewhere throughout europe. so i just want everybody to have a little historic perspective. i'm not making a comparison certainly, but i am recommending that we perhaps can learn from this tactic that has been used before. >> the day before she did make a comparison. she was trying there to back down but not really back down. republican senator john mccain was very quick to agree with clinton's initial direct comparison tweeting she's right. she said hillary clinton compares to adolph hitler.

putin equals hitler. hitler directly killed 11 million people in world war ii, 6 million jews. 5 million other people, homosexuals, gypsies. all of these people say putin equal hitler. really? >> well, for the reason you just articulated, it's why i never make that analogy a special --

people are using the hitler/nazi analogy in the vernacular. even in this particular case, two weeks ago victor yanukovych, the guy who's been kicked out of the ukraine himself said we're seeing repetition of the nazi overthrow. both sides are using the hitler thing. >> i don't like -- like michael, i don't like use of hitler analogies or holocaust analogies. this is a unique level of evil that shouldn't be diminished by frequent comparisons. "the washington post" had a summary today of all of the people who have invoked hitler analogies in recent years. it was a very long list and embarrassing. frankly, i thought secretary clinton's comment was really unfortunate. the fact that john mccain jumped

on it shouldn't really give secretary clinton a lot of comfort. yes, it's true obviously that putin has used the same defense, that he's trying to protect russian-speaking minorities that hitler used in trying to protect german speakers, but, you know, beyond that it's really inappropriate. >> let me ask you, david. you spoke yesterday with the former defense secretary, robert gates. i wanted to bring this up. first i wanted to play something peter king said about red lines and criticizing the president. it goes directly to the conversation you had with robert gates. >> if he is going to have this policy, which i think to some extent is too -- is not strong enough, but if he is going to have that policy then he shouldn't be laying out scenarios and laying out red linings. he has to be consistent. >> that was obviously criticizing the president. john mccain using the words if

he canless -- feckless, john mccain even more. he urged gop senators to tone down their criticism and try to be supportive of the president rather than madder at the president, that this is a time when you need to do that. what do you -- what do you think is going to happen here? >> well, i called bob gates yesterday because i was troubled by the level of intense criticism of the president from senator mccain and senator graham in the middle of what probably is the biggest foreign policy crisis of obama's presidency. i wanted to reach out to somebody who's sort of both republican and democratic administrations, bob gates has been secretary of defense in both, and can him what he thought. and not to my surprise because gates really is at the end of the day a pretty balanced,

level-headed person. he said this is a time with which criticism that we've heard from mccain and graham troubles him. he said it shouldn't be speaking with one american voice in a time of crisis these days seems like a quaint idea. >> yeah. >> he said, i find that truly discouraging, and i share that feeling. i thought gates expressed it well and, you know, he's a pretty good person to say that. >> michael, you know as david is saying, obviously you've got mccain and lindsey graham. it wasn't just them. mitch mcconnell and john boehner jumped in. it's an overwhelming throwing stones. give you a chance to say, look, is anyone going to listen to robert gates. >> when it comes to the president's foreign policy, can you think of any place in the world, any place, where we're better of now than we were when he came to the office. >> with regard to ukraine, steps

that have not been taken over the last three or four years frankly allowed putin to believe that he could do what he is doing without -- without thought -- without any reaction from us. >> what do you think, michael? do you want to listen to what david said to david ignatius. >> i wish they would listen to secretary gates and the post rather than listen to charges like fekleckless, weak or passi. a contradiction is a better way to describe it. the president is having sand kicked in his face by vladimir putin. he's a weakling. do they think criticizing our president is going to make us more safe? i'm almost wishing that someone from the white house would confront the charges and make that observation.

>> right. yeah. it seems like they want him to seem weak even though they say that's the opposite what have they want. >> exactly. >> please take a look at the column in "the washington post. still to come, dr. sanjay gupta came out and supported legalized pot. fireworks on capitol hill. what set off this incredibly ugly dispute between two congressmen. >> if you will sit down and allow me to ask questions, i am a member of the congress of the united states of america. i am tired of this! honestly? i wanted a smartphone that shoots great video.

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welcome to what's next. comcast nbcuniversal. florida is inching closer to legalizing medical marijuana. it was an idea sparked by our dr. sanjay gupta. he made news last year. he changed his stance on the drug and he's not backing down. in a new op ed out tonight on cnn.com. sanjay, you are doubling down. you came out and said my a cull pa, i changed my mind. i think we need to legalize this. now you're really upping the ante. >> i'm doubling down. i think that i have concluded that it's irresponsible, frankly, for the medical community not to be looking at this as a medical option. we prescribe so many different

medications. i gave the example of a child that was on seven different medications that was not treatable for epilepsy. they tried this non-psychoactive cbd oil. cannabis oil. not something that gets her high, something that she smoked, but it's an oil that relieved her of her seizures. i think that's irresponsible. that's part of the doubling down that i'm talking about. >> what's amazing, you have to make this point to people again and again, you go in the hospital and something is wrong with you. there, according to the federal regulatio regulations, you can be prescribed meth, you can be prescribed cocaine. they could use that to help you but they can't use marijuana. >> cocaine and meth amphetamines are both less restricted than marijuana and, look, you know, i tried hard, erin, to not inject a moral equivalency into this. marijuana and alcohol, marijuana and narcotics, marijuana and

cocaine, drawing those comparisons. those are fair comparisons. i'm happy to have the conversation. here's the truth, on its own merits marijuana as a medication stands alone. again, you look at the u.s. research, it may not be that compelling? why, because it's illegal here. >> right. >> in israel and around the world there's compelling research. big hospitals in jerusalem people are taking this as a medicine in the hospital. we have to look around the world and in smaller labs and we have to make sure we paint not a distorted picture. >> sanjay, thank you. it's pretty amazing. i'll be reporting on this issue that has so many people talking. as we said, influence a change of public policy when you look at that law in georgia, cannabis. >> cannabis. >> i was rhyming it. it premiers tuesday night at 10:00 eastern right here on cnn. still to come, republicans

shut down a hearing on the irs. a democrat, though, will not go quietly. plus, a woman drives a van full of children into the ocean, her children. did she do it on purpose to try to kyle them? see the exclous sieve video of what happened. i'm going to take you inside the oscar pistorius trial. a witness describes how the blade runner once asked a friend to take the blame for another shooting for him.

you may say a serious issuet very ugly. darrell issa tried to shut down the hearing setting off the ranking democrat elijah caan. >> i can see no point in going further. i have no expectation that ms. learner will cooperate with this committee and therefore we adjourn. >> chairman, i have a statement. i have a procedural question, mr. chairman. you cannot run a committee like this. you just cannot do this.

this is -- we're better than that as a country and we're better than that as a committee. i have asked for a few minutes to -- >> and i wanted to ask a question. what are we hiding? what's the big deal? may i ask my question? may i make my statement? >> you're all free to leave. we've adjourned but the gentleman may ask his question. >> a single document -- >> thank you. >> if you will sit down and allow me to ask the question. i am a member of the congress of the united states of america. i am tired of this! >> all right. as you saw congressman issa cut off congressman cummings microphone. he said issa was slandering him. joining be me is bill crystal and cnn contributor paul bagala. paul, you heard that exchange. is this a new low for washington? mics being cut off, at least our research, that's never happened before. >> that's not a new low. chairman issa ought to know

better. congressman cummings is a formidable intellect. none of us would be covering this if chairman issa had the good sense and temperament to allow the opposite to state their case the way he has stated his. is it a new low? please. come on. you must not have been a history major. he crossed over. this is 1856. he floor and beat senator charles summer of

removed from this meeting if you don't stop. >> the reforms i am proposing would not apply to those who are

here. >> not true. >> if disrespect -- industry notwithstanding, paul? >> well, yes, actually, it is. for mr. issa today, the inspector general of the i.r.s. who first blew the whistle, i thought it was an accurate story, true story, that conservatives have been targeted. that is reprehensible. he said liberals were, too. progressive groups were as well. this is now a scandal in search of a scandal. in other words, there's no political angle that i've seen in the reporting. mr. issa has made an enormous mistake. this is a democracy. in all of those examples people were allowed to speak their mind. another south carolynian, i'm sorry to say, that's awful. i'd much rather have more free

speech than less. there is something chilling about somebody in power pushing a button and silencing the democratic voice in that room. >> would you agree with that, that he shouldn't have cut the mics? >> yes. harry reid has abused that, senate majority leader, more than all of these have put together. >> well, i wish i had time to follow up. we will. the issue of discourse is a very serious one. thanks very much to both of you. the great pairing. now a terrifying scene caught on tape. rescuers and bystanders rushed to save children. a mini van driving into the ocean. the mother was behind the wheel. officials are saying it does not appear that was an accident. the mother and her children were all rescued from the vehicles with no serious injuries. this was a true miracle. the mother is now undergoing a mental health evaluation. children are aged 10, 9, and 3 and they are currently in the care of the florida department of children and families. according to the police report, right before the incident the

mother's sister called for a well-being check. she advised that her sister was talking about demons prior to leaving the resident. donna pratt and taylor quentin were watching this unfold. you were there on the beach. this mini van drives out onto the beach. what exactly did you see? >> well, at first i saw the van actually driving really close to the ocean and my friend pointed out, that is a little weird how deep in the water they were getting. and then we noticed that they were in about a foot of water at that point when two bystanders from the beach ran over to talk to them and the woman just sped up and went straight into the water and the van was submerged under the water at that point. when two bystanders ran in to get -- one bystander got two kids out of the vehicle and then they were screaming there's a baby in the car, there's a baby in the car.

they went back into the car to get the small child out of the car. at first i thought it was a joke because they were like hanging out the window. then i went down to the ocean. you could hear them screaming for help and trying to get attention from anybody on the beach. >> taylor, when you talk about them hanging out of the window, the windows were down, right? what was the temperature like? >> the windows were down. it was actually a cool day out. not many people at the beach because it was so cold that day. it wasn't a great day. so their hands and arms were out the window like waving and screaming. >> so did you get the impression that they knew something was wrong, were crying for help, that as you said they were screaming? >> yes. yes. we got the impression that they were in trouble. >> i mean, that's just a horrifying thing to imagine when you think of the age of these children, 10, 9 and 3. donna, you were staying at the hotel. you saw this from the balcony. i want to play the video, the exclusive video that you have that you gave to us which you

appreciate what you saw. everybody could see. the spotlight there is the actual mini van. donna, from the perspective of your view from the balcony, when you saw this, what do you think? did you think this was an accident or what? >> originally i just thought the vehicle was driving parallel to the beach the way all the other cars go but just in the water more so i just thought that -- initially that it was a kid or something had decided, you know, what's it like to be down in the water. when i saw the bystanders go up to the vehicle and when they approached the vehicle and looked in the window, the woman clearly just sped up more and headed directly into the ocean, i knew it was no joke, there was something serious going on. and at that point it got pretty deep pretty fast. the bystanders, they were heroes, you know? they -- the van started rocking against the waves and one of them actually went down and they got the kids out pretty quickly. they took two out and realized

there was another child strapped a child seat and a life guard at that point helped and got the third child out. >> it's a miracle that that happened. think about how close to horror this came and that those children were aware of what was happening. thank you both for coming on the program. we'll find out exactly what that mother was thinking, why she was doing that. still to come, a surprising admission at the oscar pistorius trial. one of the friends says this is not the first time the blade runner has been in trouble because of guns. pope francis responds to being called, quote, unquote, a super hero. eath. even well-fitting dentures let in food particles. super poligrip is zinc free. with just a few dabs, it's clinically proven to seal out more food particles so you're more comfortable and confident while you eat. a lot of things going on in my life and the last thing i want to be thinking about is my dentures. [ charlie ] try zinc free super poligrip.

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i twoont check in with anderson on what's coming up on a c360. hi, anderson. >> hi, erin. we are live from independent square tonight. an extraordinary day on the ground. high tensions on the ground in crimea. the u.n. envoy threatened by pro russian thugs. forced to end his mission there. found himself trapped and surrounded in a a coffee shop. he got safe passage and flew out of crimea. we'll talk about what happened on the ground there. a day as you've been reporting of dramatic diplomatic developments. the question is what, if anything, has been accomplished on the diplomatic front. has there been movement or not? we'll talk about all of that with our correspondents all throughout europe in crimea here on the ground in kiev as well. all of that and more at the top of the hour. >> anderson, looking forward to seeing that.

anderson in kiev. a surprise witness in the murder trial involving oscar pistorius. a friend of the former olympian took the stand and testified he was with pistorius when he fired a gun in the restaurant. after that pistorius asked the friend to take the blame. this took place a couple of weeks before the death of pistorius' girlfriend, reeva steenkamp. we have the coverage in pretoria. >> reporter: day three here at the oscar pistorius trial. we heard a series of witnesses who tried to paint a picture of oscar pistorius as perhaps trigger happy and irresponsible all relating to one incident. it was a johannesburg restaurant where he was handed a loaded gun, it thent went off. accords to the state, pistorius then tried to get a friend to take the wrap for him. >> he said, please take the gun from me. there's too much media around

me. just take the gun from me. frptd of and when the restaurant owner came up, he took the blame. >> reporter: now also today the defense continued to raise doubts about the credibility of the testimony of a married couple, neighbors this couple h colluded over their testimonies and they didn't know what they had heard that night. and our legal experts say that the defense is quite expert at that. he often shared notes with his team, he didn't cry, he didn't break down, he certainly didn't put his hands over his ears during some of the trickier testimony. back to you, erin. >> thanks very much to robin

who's in the courtroom every day. our legal analyst is out front. so the prosecution is trying to paint the story as someone who's careless with guns, i mean just, obviously south africa, the crime situation is different, but this guy brings a gun into the restaurant and then he shoots it and then according to the testimony we just saw, the gun went off and he tries. the united states at least, prior bad acts like this are not admissible. you can't admit evidence saying that they used a gun three weeks before means that he used a gun on the day in question. the problem here is that the firearm is an accidental discharge. so i think even the probe tiff value here is really outweighed by the prejudicial effect and the judge here may conclude

improperly that he's the kind of guy that shoots guns around, when really the prior act here doesn't have that much to bear on the intentional act of shooting into a bathroom, however mistaken he was. >> it may approximate be true, but the push back would be that this is someone who carries a gun around and is pretty cavalier with it. would that perhaps show that this is someone more likely to shoot a gun in anger? >> it certainly is probative, it's interesting to a fact-finder that this is a guy who uses guns, but the probably prejudice of that act, that evidence, is so great since it does not involve the instant case, this case at bar, that in united states courts, for the most part, that evidence would be excluded because the prejudicial value far outweighs any probative effect. >> danny, thank you very much, and as we said, as we continue to cover this, this is no jury,

this is going to be a judge that makes a decision on the guilt or innocence of oscar pistorius. the pope is contemplating life. and in an interview published in an italian newspaper today, pope francis downplayed his popularity, he said to depict the pope as a superman, a sort of star, seems offensive to me. a lot of people would say he's a far thing from a normal person. the pope may not want to be the rock and roll pope, but he is the leader of the world's 1.2 billion catholics and a top pick of fascination if nothing else. up next, katy tries to --

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so katy perry took over for the weatherman today, the singer it didn't go so well. >> reporter: katy perry was mostly sunny as she did the weather on the sunrise show, which she proceeded to point.

1,700 miles in the wrong direction, and then mispronounced the capital of australia. >> possible storm for kunavera. >> reporter: the koala making a cameo didn't seem to take offense. the pretend weather girl is even confronted by a pretend version of herself in wax. >> her boobs are much bigger. >> reporter: 20 degrees and a shower or two. >> reporter: it doesn't seem to matter that weather really isn't on their radar. that hasn't stopped a slew of celebrities from being forecasters. scarlet johansen also suffered from gpd, geographical -- and snooki had to address her own areas of low cut pressure.

the pressure was anything but low on the anchor who had to toss to prince charles, calling him your highness. >> well, it's an unsettled picture. >> who the hell wrote this script? >> reporter: but who needs to dabble in doppler when you can dance across the weather map, which is what tom hanks did on unavision, might as well go up and down like barometric pressure, it felt like a rehearsal for dancing with the stars meteorological edition. when the late, great comedian paul lindh did the weather for an ohio station, he played it dumb. >> 41% chance of twisters. >> reporter: and when confronted by radar -- >> looks like i'm going to be a fortune teller. >> reporter: that was in the late '70s. now in 2014 -- >> and if you didn't understand

all this, i'm sure you have an app on your phone. >> reporter: not bad, katy, you made the weather bearable. jeanne moss, cnn, new york. >> that's my favorite part, that koala bear, he's sitting there going -- anderson cooper starts now. good evening, everyone, we are live from kiev, ukraine today, dramatic developments on the ground and also fast moving diplomatic developments here in kiev, also in europe and the united states. we want to get to all of that in the hour ahead. this is one of the main roads going down into independence square. as you can see, there are barricades still all in place. this is very much still an active site of protest. there are still protesters here who are camped out. you can see some of them down there huddled around a