the oil spill in the area. we will talk to you about that in the 10:00 hour. >> thank you for starting your morning with us. >> we will see you back here at 10:00 a.m. eastern. "smerconish" starts right now. good morning. i'm michael smerconish. we have a jam packed program for you today including what is being called the largest and most dangerous gathering of al qaeda in years. and millions sign up for obamacare. 1 million more than the white house predicted. do democrats hop on the afford able care act train or jump off the tracks together? shannon brings us her expertise and larry is here to tell us if republicans can still run against obamacare in the mid terms or if they were just dealt a political blow.

and the story of puig. before the millions, smugglers and hostages and murder. and more universities how they handle sexual assaults on campus. the most notorious case is duke university. the blue devil is in the details. and why some grainy black and white video should be raising eyebrows nationwide making think it is time to change the pool water. let's get started. we start off with breaking news this morning. we have just learned that a few hours ago a suspected u.s. drone strike in southern yemen killed 15 people, 12 of them al qaeda terrorist suspects. jihadists were traveling in the vehicle and three civilians in a passing car. this news comes just days after a chilling video of al qaeda fighters meeting in the same region with their leader nasir surfaced on the internet.

this supposedly recent video shows the guy they call the crown prince, the number two in command of the terror organization. this video may or may not have caught u.s. intelligence off guard, but opened up this line of questioning. if the u.s. knew about the meeting, could they or would they have attacked with drones and was today's attack related to the video? joining me now is former fbi assistant director tom fuentes and counterterrorism official. first, the video in yemen and today is the breaking news of the drone strike in yemen. is it a coincidence?

>> probably not. good morning, michael and phil. there was no large gathering of the soldiers. it could be there were intelligence agents infiltrated in the group who didn't want to be killed with the others. that say possibility. saudi intelligence has penetrated al qaeda in yemen in the past. that is a possible factor that they gathered intelligence and used that intelligence in the recent attack to kill the 12 terrorists they attacked with the drone. >> philip mudd, we are aware of the video because al qaeda wanted us to see the video. read the tea leaves for me. why is that the case? >> i think you are looking at the evolution of an al qaeda organization under a lot of pressure in pakistan. they turned to groups in places like mali and somali and yemen to carry the torch. what they want to do is a the

movement is still alive and kicking even if people in pakistan are dying in the war. >> phil, what do you mean to say when you quote, lead the cross. >> let me put it in context. most of the al qaeda movements around the world struggle to get on the stage. they have fighters interested in local targets and local governments and local military forces. you need visionary leadership like yemen to raise the horizon to say the fighter is the real enemy is not here. it is foreign. it is new york and washington. the way to do that is a go after the cross. >> one point of washington okay the hit list, i walked in central park last night because i was customrious in the video coming to light. what is the concern of the terror in 2014 for americans? give a listen to what i found. >> how often does terrorism

enter your mind on a day-to-day basis? >> it is in the back of your mind. >> growing up in texas, it was never a problem. as soon as i came up here, it is a different vibe. >> from time to time, it will cross my mind because of things in the past or things you see in places. >> to what extent do you worry? >> not a lot. i cannot worry too much over something i don't have control over. >> i thought about terror. i thought about the people around me. >> i know our borders are not as secure as they could be in general. that, i think, adds a lot to my heightened awareness. >> i don't worry. no, i can't let fear enter my heart. i don't want it to be part of my life. >> tom fuentes, does the domestic debate change when there is a drone strike like that this morning and a video of 100 plus al qaeda leaders plotting against the united

states? >> the impact politically would be to support the u.s. and try to take out the people overseas. you know, lately, many of the attacks in the u.s. have been self radicalized individuals who may try to carry out an attack. in this case, it is showing the heart and soul of al qaeda and their main affiliates such as the al qaeda and yemen, they are still after us and out there and recruiting. they still want to get us. as phil mentioned, they are in a number of countries and several contine continents. they are still out there and still trying to kill americans. >> phil, to tom's point, you and i have had previous conversations about the senate intelligence report with the black sites and subjects you know a great deal about. you expressed to me concerns looking through 2014 lens at

behavior in a more immediate post-9/11 world. might this change in that the actions and the former colleagues actions are evaluated? >> i don't think so. i expect there will be an intense debate in the next weeks or months. i expect the senate report to be released. my view is bring it on. i talked to the senate. i talked to the congress. i talked to the white house. i talked to the department of justice. they told us what you are doing is fine. it is legal. it is u.s. policy. it represents the correct interpretation of the u.s. law. if someone wants to drag us through the mud for what we did, bring it on. >> tom, final question if i might. in light of today's news, was that premature? >> that is a different story. some of the criticism by the

nypd has come under operation of other law enforcement agencies. alienating the muslim community in new york is bad practice. you have to be careful in the operation that you are trying to get cooperation and build support in the communities so when something happens or someone trying to create a cell for jihad, that they report that to the police or fbi. there has been a controversy all along of whether that program was maybe too strong and took on too much of an appearance of being just anti-muslim and alienating a community. >> tom and phil, we are fortunate to have you both. thank you. news this morning in the search for flight 370. the bluefin auv has captured the first images of the search area and the white house beats its chest in the sign ups to obamacare, but should democrats log on or is that a bad

prescription for re-election? quiet! mom has a headache! had a headache! but now, i& don't. excedrin is fast. in fact for some, relief starts in just 15 minutes. excedrin. headache. gone. mayo? corn dogs? you are so outta here! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. [ bottle ] ensure®. nutrition in charge™. but i didn't always watch out for myself. with so much noise about health care, i tuned it all out. with unitedhealthcare, i get information that matters... my individual health profile, not random statistics.

they even reward me for addressing my health risks. so i'm doing fine... but she's still gonna give me a heart attack. innovations that work for you. that's health in numbers. unitedhealthcare. predibut, manufacturings a prettin the united states do. means advanced technology. we learned that technology allows us to be craft oriented. no one's losing their job. there's no beer robot that has suddenly chased them out. the technology is actually creating new jobs. siemens designed and built the right tools and resources to get the job done.

take a look at this image. an illustration of what is going on right now under water in the search for malaysia airline flight 370. it is the bluefin-21, now in its seventh deployment mapping the ocean floor. the submersible captured the first ever images of the part of the earth. we are at a quote critical juncture from the officials. so far, the bluefin has mapped 50 square miles while ships and planes a planes are scouring 20,000 miles. my next guests have knowledge of the subject. andy bowen at the woods

hole oceanographic institute. one week ago, the three of us were having a conversation about pingers and the pings ended. does the fact the pings ended give credibility to the fact they were sounds coming from the black boxes and not from some other human-caused device. andy, i'll start with you. sorry about the confusion. >> sure, michael. that's fine. that is a reasonably logical conclusion to draw. certainly everyone was looking very hard at the sources of the sounds. they are very distinctive, the frequency at which the beacons emit their sound is well known. all of those elements came together along with the timing, as you were pointing out for the pings to essentially cease as a result of the batteries wearing out. i think it follows in step with

what we would expect and clearly they are moving rapidly toward a real capability toward searching to the sea floor. >> christina symons, this is critical. he went so far, the acting transportation minister says pray for this next phase of the search. >> yes, i think they are focusing in the area of greater confidence. if the next two days don't yield any results, they will evaluate the information they have and define a search area and slowly and methodically investigate every area of the sea floor in the area. >> angus houston said this is an area new to man. andy, we don't know much about this part of the world or ocean floor. >> that is true. you could apply the same

statement to nearly any part of the ocean, to be honest, michael. we don't know what we don't know. the issue here is the terrain is relatively challenging for a search of this type. you know, the way the search system works is it is emitting sound which is essentially radiating out from the auv that is bounced off sea floor. and what we are looking for are bounces that correspond to debris. if you have rocks or reef, it makes the challenge of identifying debris versus geology more difficult. christina showed us the map that shows how hard it will be to find the debris. >> christina, we have the map on the screen now. what else can you tell us about

that? >> this is a map of the sea floor. it is a topographic map that represents elevation. it is no different on the sea floor. the zenith plateau indicated by the red box where they are searching is 1 mile to 2 miles on the sea floor. the red box indicates an area about 100 square miles to give you a sense of what they completed surveying. it is a large area. this is not a very detailed map. we cannot account for small changes and rocky surfaces. our best guess it is covered with sediment which is good for trying to find a debris field or man-made object on the sea floor. >> are you surprised, christina, there has been no debris washed up ashore or located anywhere in the ocean? >> you know, i am and i am not. i think they have done a very good job modelling where the

currents were taken with the debris if this is where the plane went down. oceanographers have helped with the expanded search in the air. i'm not surprised, but it is yet to come. >> andy bowen and christina symons, thank you for your expertise. the no-brainer solution and the silent black and white video should give everyone pause. headlines redefined are next. salesperson #1: the real deal is the passat tdi clean diesel gets up to 795 highway miles per tank. salesperson #2: actually, we're throwing in a $1,000 fuel reward card. we've never done that. that's why there's never been a better time to buy a passat tdi clean diesel. husband: so it's like two deals in one? salesperson #2: exactly. avo: during the first ever volkswagen tdi clean diesel event, get a great deal on a passat tdi, that gets up to 795 highway miles per tank. and get a $1,000 fuel reward card. it's like two deals in one. hurry in and

get a $1,000 fuel reward card and 0.9% apr for 60 months on tdi models. say "hi" rudy. [ barks ] [ chuckles ] i'd do anything to keep this guy happy and healthy. that's why i'm so excited about these new milk-bone brushing chews. whoa, i'm not the only one. it's a brilliant new way to take care of his teeth. clinically proven as effective as brushing. ok, here you go. have you ever seen a dog brush his own teeth? the twist and nub design cleans all the way down to the gum line, even reaching the back teeth. they taste like a treat, but they clean like a toothbrush. nothing says you care like a milk-bone brushing chew. [ barks ]

then a little time to kick back. earn double hilton honors points with the 2x points package and be one step closer to a weekend break. doubletree by hilton. where the little things mean everything.

. time now for headlines redesigned. headlines that got the story half right. number one from "time." a nevada ranchers wants to disarm federal agencies. the story of clivan bundy. he for two decades hasn't been paying his grazing fees. he says he doesn't recognize federal authority over the land. he says it belongs to the state of nevada or the local county. on thursday, he said, quote, i don't recognize the united states government as existing. what surprises me is the fact that he is already had his day in court hasn't dissuaded supporters from coming to his

aid and some heavily arms. this is festivus. airing of all grievances of the united states. i see claims of freedom and independence asserted on his behalf as being at odds with the rule of law. the old headline said this, a nevada rancher wants to disarm federal agencies. i would say real americans recognize the united states. number two from "usa today." heroin is a growing threat across the usa police say. it is true. in some parts of the united states, more people are dying from heroin overdoses than car crashes. this knows no bore betters by race. in new york city in 2012, 730 people died in an overdose by heroin addiction or addiction to opiate prescriptions. that is double the number of homicides. there is a real issue. many heroin addicts begin by

getting addicted to pain medications. the good news is an antidote. narcan. 17 states have been welcoming of the use of narcan which can reverse the effects of a heroin overdose. other states say we don't want this because it will encourage drug usage. i say that is a very interesting philosophical debate until it is your loved one whose life hangs in the balance. the old headline, heroin a growing threat across the usa, police say, i would say narcan, a no-brainer. and the water supply in portland after teen urinates into the reservoir. a teen peed in the reservoir. now he is saying he urinated up against a wall.

the water bureau head says my customer base demands a non contaminated water supply. the health experts say this is gross and it is, but there is actually very little of a health risk posed to society. they say as well the water is already subjected to natural contaminates. the surprise for me in reading on the story, that water in that reservoir goes directly from the reservoir into your bathtub or your tap. there is no added filtration. which i think is kind of troubling. all right. i have three sons at home. so, you remember the old headline. portland water supply to be flushed after teen urinates in reservoir. what i would have written. time to drain my swimming pool. number four from the new york times. liam neeson says carriages belong in central park.

where i'm standing are yards from the tourist attraction. mayor deblasio came in office and promised to get rid of them. he wants to replace them with vintage electric cabs. polls say new yorkers better than 60% like this tradition. they like the carriage trade. they want it to stick around. one of those new yorkers is the actor liam neeson who says they are treated humanely. he urged mayor deblasio to meet with those who operate the handsome cabs and see the stables. you remember the old headline. liam, don't let horses be taken. you can see that movie, right? the white house says obamacare was a big success. should democrats celebrate that

success or ignore it? hostages and murder and multimillion dollar major league baseball player. diabetes, it'sh to keep life balanced. i don't always have time to eat like i should. that's why i like glucerna shakes. they have slowly digestible carbs to help minimize blood sugar spikes. [male announcer] glucerna... at od, whatever business you're in, that's the business we're in with premium service like one of the best on-time delivery records and a low claims ratio, we do whatever it takes to make your business our business. od. helping the world keep promises. he thought it was the endn for his dof the conversation.d...

she didn't tell him that her college expenses were going up. or that she maxed out her card during spring break. when the satellite provider checked his credit, he found out his daughter didn't pay her bills. but he's not worried. now he checks his credit report and score at experian.com, allowing him to keep track of his credit and take a break of his own. experian. live credit confident. we did a 27-point inspection on your chevy,ce, you got new tires and our price match guarantee. who's this little guy? that's birney. oh, i bet that cone gives him supersonic hearing. watch what you say around him. i've been talking a lot about his procedure... (whispering) what? get our everyday price match guarantee plus a $100 rebate on 4 select tires from your tire experts. chevy certified service. [ chainsaw buzzing ]

humans. sometimes, life trips us up. sometimes, we trip ourselves up. and although the mistakes may seem to just keep coming at you, so do the solutions. like multi-policy discounts from liberty mutual insurance. save up to 10% just for combining your auto and home insurance. call liberty mutual insurance at... to speak with an insurance expert and ask about all the personalized savings available for when you get married, move into a new house, or add a car to your policy. personalized coverage and savings -- all the things humans need to make our world a little less imperfect. call... and ask about all the ways you could save. liberty mutual insurance -- responsibility. what's your policy?

we start with the pretty big number. 8 million. that is how many people signed up for affordable care act better known as obamacare. when the messed up web side last year, many thought the administration would eat crow. instead, the president was crowing when he talked about hitting the 8 million mark this week. he took the moment to chide his republican detractors. >> i find it strange the republican position on this law is still stuck in the same place it has always been. they still can't bring themselves to admit the affordable care act is working. they said nobody would sign up.

they were wrong about that. they said it would not be affordable for the country. they were wrong about that. >> we have been obsessed with obamacare because it stinks. >> people are realizing this thing ain't working. >> from living rooms to board rooms, from kitchen tables to counter tops, obamacare is not controversial. it is universally despised. >> joining me now to talk about the 8 million mark and political ramifications, shannon pettypiece and dr. larry is sabitow. shannon, we know that 8 million signed up. what else do we need to know before we can properly assess the economic viability of the affordable care act? >> we need to know the health of the 8 million people. that is crucial to know if the

plans will stay affordable. under the law, the only information insurers are able to collect are how old think are and where they live and whether or not they smoked. they don't know anything about their overall health. that is what we will find out about in the coming months as they go to the doctor's offices and submit claims. we will find out how healthy these 8 million people are. >> larry, republicans want to know how many of them have paid. >> sure. that is one of the things they want to know. you know, fundamentally, michael, this new number doesn't change the politics of obamacare. we debated it for years. every piece of new information goes in one ear and out the other. democrats are overwhelmingly in favor. republicans are overwhelmingly opposed. i have seen this before. this has become a part of the polarized identification in the united states. >> larry, i value your opinion

although in 2008, you said obama would get 364 electoral votes. he got 365. i still want to hear what you have to say politically speaking about this. young people in the end did come out and sign up. apparently about 1/3 of them between 18 and 34. will they vote in the mid term? is that the issue? >> absolutely. michael, you just put your finger on it. it is all about who votes. i think democrats may try to use and should try to use these new numbers to stir their base and get some of the young people out to vote who usually don't show up in mid terms. you know, it is really tough to change voting behavior. we will see turnout decline dramatically from the last presidential election and the people who vote in the mid-term elections, tend to be older, tend to be more conservative. on top of all that, the democrats are in trouble because this is the best map for

republicans in both the house and senate in two generations. there are so many red states where weaker democratic incumbents are coming up for re-election. that is what the election is. it is not a national refer rend. only half of the population is voting for a senator. you have to take it in the context of what this mid term really is. >> shannon, the name of the act is affordable care act. at what point do we get the answer that premiums are affordable? >> we should know how much insurance will increase next year in the next few months. going into election season, a lot can happen that could change people's view of this. one of those is the increase in premiums. we should know in a few months. if a lot of healthy people go into the pool, they will help offset the cost of the sicker people and that will keep things affordable. if there are not a lot of

healthy people signed up, if it was just a bunch of sick people who got insurance and showing up demanding a new hip or heart procedure, that will drive up the cost. we could see a lot of people facing double-digit premiums going up if the pool is not balanced. >> there could be a run on ers or physicians? >> yes. >> people who did not previously have insurance, they will go get treated. >> ers and hospitals are expecting to see a run on patien patients. what happened in massachusetts when they expanded to nearly universal. they saw a lot of people showing up at the er. >> larry, what i want to see politically speaking is whether democrats will say the sort of things that the president said at the white house this week. what do you think? >> they ought to. it is not like they can avoid talking about obamacare. they have to have an answer

because they know republican opponents will attack them mercilessly. obama has given them good arguments. remember, these democrats, the vulnerable ones are mainly in republican red states and districts. they have to quickly pivot to issues that will help them win not simply to defensively react to attacks by the republicans. >> shannon pettypiece and larry sabato, thank you for your expertise. the private lives of pro ball players. forget the luxury cars and pretty women. this involves hit men. and the echos of the duke lacrosse rape case. this week, the same problem, but different school all together. it starts with little things. tiny changes in the brain.

little things, anyone can do. it steals your memories. your independence. insures support. a breakthrough. and sooner than you'd like... ...sooner than you think. ...you die from alzheimer's disease. ...we cure alzheimer's disease. every little click, call, or donation adds up to something big. alzheimer's association. the brains behind saving yours. mattel started in a garage. disney started in a garage. amazon started in a garage. ♪ the ramones started in a garage.

my point? some of the most innovative things in the world come out of american garages. introducing the lighter, faster cadillac cts. 2014 motor trend car of the year. ain't garages great?

take a look at this face. the face of a young baseball superstar. the dodgers puig. behind the eyes is a story that will shock you. he escaped from cuba to land a fat contract with the dodgers. that is one part of the story. this week in "los angeles magazine." we learned he is still tied to his past and to a strange underworld of smugglers and drug cartels and shady characters. joining me now is jesse katz who wrote the story. jesse, this is made for quentin

tarantino. give us the cliffs notes. >> michael, we have to remember there is no legitimate path for a ball player to get off that island and to the major leagues. there is no other nation in the world who a player has to put his life in the hands of a pipeline exploiting the kasm with the u.s. and cube a.puig has financiers in miami who put up $250,000 to get him out of cuba. in return, puig was going to repay them 20% of the future earnings. they did the work. they got him off the island. they brought him to mexico and the breakdown in finances. he found himself captive for 20 odd days. >> that sounds a little higher brow than the way in which i read it in your fine piece.

it is an air conditioning repairman who is an small time crook who turns to a mexican drug cartel to make this happen? >> that is the pulp version there. mr. big is 29-year-old guy on probation for attempting to steal air conditioning units and possessing a fake florida identification. he contracts these cuban america traffickers to traverse the caribbean with drugs or stolen boats or human cargo. those traffickers, in turn, have to pay a tax what they call a rite of passage to the zetas, the mexican cartel to trespass on their turf. >> have the zetas still owed any

money for bringing this baseball star to the united states? >> i'm not aware of anything. i think the cartel is a layer or two removed from puig. the traffickers originally felt they got stiffed. they did come looking for puig and his companions on the boat. there were some very menacing death threats made against puig in the u.s. and toward his house and home in cuba. my understanding is that those people have been paid off and puig has begun to pay off his financiers. the people who set this harrowing journey in motion. >> jesse, puig has released a statement saying i'm only concentrating on the season and being the best teammate and helping my teammates. my reading of your work is this is not a poor reflection on this guy. he goes from making $17 a month to a $48 million contract with

the dodgers. he just wanted to get the hell out of there desperately. will you comment on that issue? aspersions cast on him? >> if you look at this in english and spanish, you could find many moments where yasiel has acted in many ways less than honorable and self-interested ways. that is part of the system he came from. the very desperate difficult life in cuba where people are forced into really impossible situations. i think what i'm heartened by is people have read it and emerged with an empathetic view of him. >> i think the story is terrific. thank you for writing it. jesse, thank you for being here. sexual assaults at campuses are a larger issue than the

educators need to be schooled on. hate crimes this week. can you answer this? what isn't a hate crime. all stations come over to mission a for a final go. this is for real this time. step seven point two one two.

verify and lock. command is locked. five seconds. three, two, one. standing by for capture. the most innovative software on the planet... dragon is captured. is connecting today's leading companies to places beyond it. siemens. answers. afghanistan, in 2009. orbiting the moon in 1971. [ male announcer ] once it's earned, usaa auto insurance is often handed down from generation to generation. because it offers a superior level of protection. and because usaa's commitment to serve current and former military members and their families is without equal. begin your legacy. get an auto insurance quote. usaa. we know what it means to serve. so i tried depend and it made the difference between hearing about my daughter's gym meet, and being there. yeah! nailed it!

unlike the bargain brand, depend gives you new fit-flex®, our best protection. it's a smooth and comfortable fit with more lycra strands. hi sweetie! get your free sample at depend.com.

right now, a tangled rape investigation going on at

florida state while no criminal charges brought against jamesis winsto winstone. the case puts a spotlight on how universities are struggling to manage sexual assault cases on campus. it brings to mind the most notorious. the duke lacrosse team and players arrested accused ever raping a stripper in the bathroom. that is until the case began. what unravelled is a school afraid of the case. it is all expertly detailed in the "price of silence." the power of the elite of the universities. william cohen joins me now.

i read the reviews of your book. several make this observation. "the times" says you largely left out of the most important inn cregredie ingredient, your own analysis. what is your analysis? >> the conclusion is this is an incredible story. i first of all thought of my role as objective and dispassionate investigative reporter. had i filled this story with my analysis ad nauseam, i would have been criticized for that, too. the real problem here is that the justice system was diverted in the case. this is a situation where nobody covered themselves with glory. no heroes. we like our stories to have heroes. this is not one of them. we have a justice system for a reason. prosecutors bring cases that they believe in whether they win them or not is part of what happens here. to not allow this case to go to trial, to me, was a traf esvest

justice. >> the justice system, after reading your book, worked. it worked believed from the get-go because of shifting narrative, a case where there wasn't dna matched, an alleged alibi, and a prosecutor who was very aggressive in the midst of an election. it shouldn't have gone as far as it got. in fact, i will seen say this, thank god that they came from families of means and were able to hire lawyers who thwarted this. >> well, that is certainly a very powerful argument, and that is currently, you know, the conventional wisdom about this. and i'm not disagreeing with it. that's not the way the justice system works. because you have deep-pocketed families that can hire lawyers and exploit every mistake that everyone made, a lot of people don't have the access to that.

the way the justice system is supposed to work is, yes, prosecutors who are supposed to use their judgment, mike nyfong had been 28 years in the prosecutor's office, highly respected. this case did come along in the middle of his election. he didn't choose the timing of this case. he had already announced he was running for office. i'm sure it played into it. it's not the defining moment. the truth of the matter here is this is a case that whether we like it or not needed to go to a jury, whether mike won this case or not, it needed for a public airing. now what we have instead is a secret investigation by the attorney general of north carolina. he won't make that investigation or any details of it public. he won't make himself available for public interviews and the kids -- because duke, for whatever reason, paid them $20 million each, and this has cost duke $100 million. as a duke alum and as an investigative reporter, i wanted to know why that happened.

that's why i wrote the book. >> mike nyfong himself was removed from office, was disbarred, was jailed, apologized to these young men and bought into the attorney -- i know all of this from you, by the way. >> right. >> bought into the attorney general's conclusion that they were absolutely innocent. >> innocence is not a word that's used in jurisprudence. but anyway, go ahead. >> not guilty. how could he come to the conclusion -- how could you come to the conclusion that justice wasn't served here because there wasn't a trial? i mean, because this woman made an allegation if this woman had evidence on her of having had sex with several individuals at the point in time, none of whom were duke lacrosse players. >> well, and that is, of course -- >> and someone's son or daughter should go to trial based on that kind of claim? >> well, she made the claim. she made it repeatedly. she was examined by a nurse on

the night of the incident at the duke university hospital. she was examined by doctors. they made reports. in that report, the nurse claimed that she believed she had been raped. and sexually assaulted. the police investigated it. so, look, mistakes were made, and they were exploited, incredibly well by the defense. and it's an unfortunate situation all around. no heroes here. but i just don't believe this is the way the justice system is supposed to work. >> i respect your opinion. it's funny that there's a consensus in some quarters that these privileged kids got away with something because of their privilege. my reading of the record suggests, thank goodness they were privileged kids, or this would have been a travesty, a kangaroo court. i wish we had more time, because you know i love the subject. the book is "the price of silence." william cohen wrote it. three people gunned down in what was meant to be a hate crime this week. let me ask you this, isn't every crime a hate crime? i'll explain in a moment.

quiet! mom has a headache! had a headache! but now, i& don't. excedrin is fast. in fact for some, relief starts in just 15 minutes. excedrin. headache. gone. who would have thought masterthree cheese lasagna would go with chocolate cake and ceviche? the same guy who thought that small caps and bond funds would go with a merging markets. it's a masterpiece. thanks. clearly you are type e. you made it phil. welcome home. now what's our strategy with the fondue? diversifying your portfolio? e*trade gives you the tools and resources to get it right. are you type e*?

then a little time to kick back. earn double hilton honors points with the 2x points package and be one step closer to a weekend break. doubletree by hilton. where the little things mean everything.

one last thing. earlier this week, a 73-year-old white supremacist was charged with capital murder and one count of premeditated murder in the first degree for having shot and killed three individuals, including a 14-year-old, outside of two jewish centers in suburban kansas city. this was the day before passover. for years, the shooter was known to have shot off his mouth with anti-semitism and racism. unfortunately, last sunday, he took action on his hatred. and now, local, state, and federal prosecutors are saying that they will pursue federal hate crime charges, as well. and for sure, if there were ever a textbook case for a hate cr e crime, this would be it. the southern poverty law center said that this guy was a a founder and grand dragon of the

north carolina kkk, and from the backseat of a police car, after being apprehended, he declared heil hitler. in general terms, regarding something as a hate crime means prosecutors believe the perpetrator was motivated to hurt or intimidate someone because of animus for their race, ethnicity, national origin, sexual orientation or disability. if convicted in a state such as kansas, a person could face additional punishment for the underlying crime. last sunday's shooter apparently believed he was shooting at people who were jewish when, in fact, he killed three non-jews. no matter. it would still be regarded as a hate crime. now, please don't misunderstand what i'm about to say. i have zero sympathy for this guy if convicted. i have long believed in the death penalty, and a person who plans and carries out a killing like this, in my view, shouldn't survive. but i'm increasingly uncomfortable with the concept of a hate crime, especially where the number of groups protected is growing.

i understand the deterrent intent, and i get that hate crimes are recognized so as to provide some of those most vulnerable among us with added protection under the law. but i worry that the expansion of hate crimes sends a signal that some victims' lives are valued more than others. michael mcgoth captured some of my thinking in the "l.a. times" this week when he wrote, some laws define hate crimes to include attacks inspired by not only racial or religious bias, but also by an tip think to veterans, disabled people, sexual minorities and the elderly." as the list of protected groups gets longer and longer, the law may be approaching a situation in which every crime is a hate crime. and i would add to that, that in addition to raising questions about where hate crimes are providing equal protection under the law, we need to consider that at some level all acts of violence, unless maybe in the heat of the moment, involves some manifestation of hatred, and they should be punished severely without regard to a

particular defendant's motivation. thank you so much for watching. i'll see you back here next saturday. have a great weekend. a little bit of sunshine wherever you are, we're glad you're here. i'm chris ta i'm christi paul. >> we begin with breaking news. a drone strike has killed 15 people, 12 of them al qaeda suspects, and three civilians, happening in central yemen. >> this is an extreme hold of a group of al qaeda in the arabian peninsula. the terror suspects were traveling in a vehicle, and the three civilians were apparently in another car. but just recently, this chilling video that you're looking at here of al qaeda fighters meeting with their leader