that does it for us. thanks for watching. we have reported damage outside the university of alabama racing through tuscaloosa and it

that tornado warning in effect for tuscaloosa county as well as jefferson county. birmingham included in this. if you look at the numbers more than half a million people in the path of this devastating storm. this is one we will keep a close watch on. also watching the storm closer to birmingham. look to the north we have been watching the severe storms just to the north of the city. racing to the north and east and these are very powerful and then i want to take you to tennessee. we have with the storm prediction center is calling a particularly dangerous situation. the tornado warnings are heading toward the city of knox fill in that direction. if the soil together this could be potentially dangerous where there could be a confirmed tornado on the ground. we have seen confirmation of a couple of tornadoes on the ground in alabama and even in tennessee. barry dangerous situation. happening in the middle of the

night which we know is the worst case scenario. get your safe spot as fast as you can. i want to plot this quickly and we can. it will show you which counties are effective. monroe including the city of athens and sweetwater and this goes until 12:30 a.m. eastern time. another half-hour or so. these storms are still very powerful. the same storms we have been watching since the early afternoon hours. folks don't need to let their guard down, this will continue the next couple of hours. >> cnn will be here to cover it. thank you. i am don lemon in new york. michael smerconish starts right now. good evening i'm michael smerconish. billionaires behaving badly.

i'm not talking about wall street, los angeles clippers donald sterling allegedly caught on audiotape making racist comments, disparaging remarks about blacks, chastising his young mistress for posting an instagram photograph of herself and magic johnson. the reaction has been searing. even president obama has weighed in. i'm not talking only about donald sterling. there's news that russian president vladimir putin may be rich. really rich as in super rich. on the front page of sunday "new york times" a report about the rumor, speculation, theories maybe even some guesses that putin may control assets worth 40 to 70 billion dollars, assets so extensionish if true he would be the richest world leader in history. why should people care? well two reasons actually. many russians believe their country is controlled by a

political and financial elite that critics accuse of stealing the country's wealth for itself, the so-called oligarch who movie money out of the country and buy apartments like in cities like new york. sitting atop vladimir putin. credit rating of their sluggish economy has been cut to just above junk status. so i want to ask white house deputy security adviser if these new sanctions announced are designed to squeeze putin's inner circle and expose his secret billions. how much does the u.s. know about putin's rumored wealth and are these latest sanctions which are the result of the continueled threats to ukraine sovereignty designed to hit him and his chroneys in their own wallets. as for that other billionaire behaving badly, donald sterling sounds like a jerk. does his being a jerk mean he should be kicked out of the nba

and forced to sell the clippers? a team that he's owned for more than three decades for things he may have said that he thought were private. that is do we have a right to be stupid and ignorant and racist in our own private life without repercussions? i have a great lineup of guests as we look at this story from numerous angles including talk show host larry king who is not only a basketball fan but knows donald sterling very well. so let's get started. let's get right to the comments allegedly made by clippers owner donald sterlinger and what the nba needs to do about this toxic situation from professional basketball. i'm joined by tavis smiley, pbs broadcaster and best selling author and i want to start by playing some of the offending audio obtained by tmz sports for those viewers who have yet to hear it. >> ya it bothers me a lot that you want to promote, broadcast that you're associating with black people.

do you have to? >> you associate with black people. >> you're not me and i'm not you. you're a delicate white girl or delicate latina girl. >> is there any acceptable outcome to this situation shy of him getting out of the nba and relinquishing selling control of the clippers? >> always michael want to leave some space for grace because we're all crack vessels, none of us is human and divine. most black folk believe there's room for redemption. you know the old adage it's not the crime it's the couch. in this instance it's not the slur it's the spin. i don't know how donald sterling can hear this tape and still not come out and say it was him and offer an apology, a sincere apology. how does his wife hear this tape and not know it's donald sterling. how does the clipper

organization listen to this tape and put out a press release suggesting these are comments attributed to donald sterling. i don't get that. at some point we have to get to a place having an admission, a sincere apology but i want to leave space again for people to be redeemed from their sins. i believe if donald sterling wants to be made a better person, again i don't believe ever throwing my human being away but it has to start with an acknowledgement and apology and the fact that we're days into this and he hasn't acknowledged this much less apologized for this is unacceptable. >> besides an apology and a fine and sum like $5 million would be unprese dentsd for him tax virks it's church change. >> it would in fact be church change. the only thing that a racial arsonist and slum lord like donald sterling actually responds to success hit in his pocket and that's why with all due respect to doc rivers and the clippers and i love these

guys, i watch them, i'm rooting for them, i was disappointed the best they could do was to turn some jerseys inside out. >> should they not have played? >> i would not have been offended if they didn't play. look what bill russell did. what kirk flood did. we can list people who made a sacrifice. when you talk about a guy like donald sterling the only thing he responds to is being hit in his pocket. the nba tomorrow is to announce they are forges him to selling. i suspect there might be a lawsuit on his part he can't be forced to do that. i don't know all the leeway that the nba has. this is one person who would not be offended necessarily if they forced him to selling that team. this does not belong in our society and especially in a league that has as many african-american players as the nba does and has support by so many african-american consumers. >> tavis stay right where you are. i want to bring into the conversation allison huffman,

president of the california naacp. many people are scratching their heads how was it he was recognized for achievements in the past by naacp and next month was set to be designated with yet another award? >> well, let me set the record straight. first of all, it's the local branch, l.a. branch of the naacp not the entire family, not national, and not the state conference which i'm on and on the national board. we have 50 local branches or more here and 30 youth units, and they have a lot of autonomy, they have relationships that we don't even know who those relationships are and they make decisions. all of our units that have these events give awards to various people that they have relationships with. in my opinion, they did it once before. that should have been enough it was controversial then but didn't have the magnitude of visibility that this event has

that we're all responding to. i simply think it's poor judgment that they should have known not to do it again, not the second time around. we all live from contributions and grant, corporate america, that's how we survive but we have to be careful about the money we take. we have to make sure the color of the money doesn't taint us and we can carry out our mission, we can't sell out just to get the money. we have to have integrity in what we do and i think this was just a very poor judgment on my local branch's behalf and i'm glad they made a statement that they are rescinding the award. >> you anticipated my next question but i'll ask it anyway and i respect the fact that it was not the statewide entity but rather the los angeles chapter. is it your understanding that it became a major benefactor after his brushes with the law. we're familiar with the facts in 2009 he paid $2.73 mill thrown settle a civil suit that was

brought by the justice department for alleged discrimination. >> i can't believe that he didn't do it for some other reason than to contribute to the betterment of society after i listened to his tapes there's no way he was doing to it help out african-americans because he don't like african-americans. we're 104 year, 105-year-old organization that we focus primarily on eliminating racism and discrimination. it is to be for some other reason because he doesn't want black people coming to the games. i think -- i can't get inside of his head and know what's going on. my branch president might know him better than ndoye. don't care to know him now so i can't pre-judge but i can just simply say it's a mistake that that's money we should not take. >> tavis smiley weigh in on this financial question because a lot of people and alice hoffman just set the record straight for of us that this was the los angeles chant not the statewide entity.

>> it's poor judgment. he should never have been honored in the first place particularly given his history that ali has laid out already. she's right about the fact these organizations survive on the contributions not of just the members and i'm frubd lifetime member of the naacp, but they also survive on these contributions from corporate america. i quite frankly don't have a problem with that. there's so much money that corporate america makes off the consumer spending of programs they ought to put money back in these organizations to help them do the repair work. donald sterling should never have benton tloibts honored in the first place. >> alice hoffman, tavis smiley thank you so much for joining us tonight. donald sterling is not a household name to most americans at least not before this weekend. one person who does know him personally is larry king, talk show host extraordinary and nba fan.

larry it's odd for me to interview you but a peripheral tloeg have you here. does this comport with your knowledge, your understanding of the man. i know you have been in his company on many occasions? >> first, michael, you were always a great guest when i hosted. i know donald sterling for many years. i moved to los angeles 17 years ago, i guess i've known him all that time. i've gone to his malibu home. socialized at games. seen him at breakfast. nothing surprises me although this was over the top. now, i think it's abhorrent to tape someone without their knowledge. it's a crime. however once this came out it's abhorrent. it's unforgiving. i wouldn't take a phone call from him. doc rivers refused to talk to him today his own coach.

the league will make some decision tomorrow. i don't know the bylaws of the league, michael. i don't know what they can do or can't do. i'm told they can't fine anybody over a million dollars. that's meaningless to donald sterling. it's so sad and comes in the middle of the playoffs. i disagree with tavis smiley. the clippers should have played that game. you can't leave the nba playoffs in the middle with all these teams involved. having a great season. all the fans. my kids are scheduled to go the game tomorrow night. they may or may not go. they may wear black paipts horrendous situation. terrible for the team. i'm a big fan of the team. billy krystal has been a fan of the clippers ever since they moved to los angeles from san diego. will billy go to the game tomorrow night? it's a quandry. it's sad. i'm sickened by it. >> larry i want to make clear

you speak for boston us when you say the man apparently said something despicable for which there is zero defense. however i'm glad you brought up the woman and we don't know if she's the one that rolled tape but i found it odd, i printed out the entire transcript. at the end of that portion which was revealed she says i'm sorry. is there anything i can do to make you feel better. i'm listening to this, she is of some kind of mixed race and after what purports to be an hour long conversation where he says one ugly thing after another, would she be apologizing to him and asking may i do anything to make you feel better? read those tea leaves for me if you can. >> well, my guess is no one is very -- no one comes out good in this. she does not come out good either first for the whole way she act. she's set him up. i would be stupid not to think that tmz paid for these tapes. that's what these gossip mongers

do. i don't have great respect for them either. the sum and substance, there's not a lot to be said for her. i assume it was in her house or his house. that is donald sterling. i know donald sterling. of course that's him. we have to keep saying alleged but that's him. but beyond that, beyond her, beyond anything else, what he said overwhelms me. there's nothing i could imagine that could be -- i don't know where don sterling -- where would don sterling could he go to dinner tonight? can he go out? what's left of him? he has to sell, the league has to take some action. other leagues have taken action. the dodgers, hey, baseball, major league baseball sent in somebody to run the dodgers. the owner of the dodgers was kept out, forced to sell,

diesel. he got over $2 billion. and anything mccord did pales, pales in comparison to this story. pales. >> larry, a treat for me to have you here. you look well and thank you. >> thank you, michael. thanks for the compliment. continued good luck. >> is president putin the richest world lead irin history. that's what some reports are suggesting. the newer sanctions may be an effort to keep associates keeping his money. tornadoes rocking mississippi one day after twisters killed 16 in the midwest. and more when we return on the fallout from the clipper scandal yes don sterling sounds like an ass but if he sounded like a jerk because he was being illegally recorded who is in more trouble imor the person who taped him? >> we're all upset, african-americans because if you're going to be like this why you owning a team in the nba which is over 70%

african-american basketball players. so i think he should step down. >> for comments like that it taints our game and can't have it. can't have it from a player, an owner, a fan, so take a look i dbefore i dosearch any projects on my home. i love my contractor, and i am so thankful to angie's list for bringing us together. find out why more than two million members count on angie's list. angie's list -- reviews you can trust.

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take a look at this twitter photo understand the banner good thing the clippers owner isn't here to witness that. a black fan and a white fan standing together mocking the racist comments allegedly made by the l.a. clippers owner donald sterling who told his girlfriend after she posted an instagram photo of herself and magic johnson don't bring him to my games. there are a lot of legal questions involved in this case. we're joined by judge alex, the host of judge alex and noted defense attorney. judge alex let me begin with you. legally speaking might whom ever recorded this conversation be in more trouble than the voice that is drawing all the ire? >> yeah. you're speaking about criminal court, absolutely. the reason for that is because it's not illegal to be a racist. it's illegal to do things like not hire somebody based one their race but as far as

expressing your racist views the first amendment protects you from government action in that regard. that's where like the west borough baptist church can get away with the horrible things they do. it doesn't protect you from private action which is why we're seeing sponsors dropping like flies out of clipper support and maybe fans who won't go the game but i hope they do because the players put a lot into this. on the other side of the coin the one who recorded this, out of our 50 states, 38 states are what are called one party states which means anybody who is a party to the phone call can record phone call. other 12 which includes california are two party which really means all party states everybody who is on the phone call has to give consent for a phone call to be recorded. violating that law by recording somebody without their consents

in california can lead you up to a $2,500 fine and a year in jail although i doubt being a first offense she would get any jail time. >> tom, to the extent there's legal action forth korjs civil i would imagine more than criminal in connection with this case, it's not his first rodeo, so to speak. one of those instance where people are reading the clips and saying there's a laundry list of things that have been alleged or asserted against this speaker. >> well, i mean there's a question, number one, whole is theoretically possible. by statue there's also a civil cause of action if someone records you. does he want to file a lawsuit about this and have depositions taken and have them leaked to the press and have this be an ongoing process? i doubt it. i don't think he'll sue over this at all. will the city attorney or district attorney go after him on a misdeamnor? again, i don't know. they might or might not.

more important issue is why did someone at this level of society allow themselves to be recorded making racist statements like this. i'm not surprised that this kind of racism exists. lot of people harbor these kind of views. they do it subconsciously or consciously but for this guy to be this stupid to talk to someone and broadcast his unacceptable racism is surprising to me. >> alex, on a prior instance in 2009 a claim that was asserted by the justice department for housing discrimination was resolved by sterling's payment of $2.73 million, the largest of its kind at that moment. that's not nuisance money. that's not 25 or 50 k to go away. that's real money. >> it is real money. let's put it in perspective. like you pointed out, the nba, i believe larry is right the maximum fine they can impose is a million dollars. this man is worth $1.9 billion. fine of a million to him is the

same ratio as somebody who makes $100,000, fined $52. 2.7 million was a huge payment to get out of allegations that were similar to this he was preventing blacks and hispanics from renting his properties because of derogatory feelings he had towards them bringing his property values down. i don't think it hurt him much to pay that money to get rid of it but that should have been the red flag to the nba that we have a problem here and should have been taken care of back then. >> i wish we had more time. thank you for being here. if you were broke and your economy was in shambles how would you feel if your president had $40 billion hidden away. that may be the reality a lot of russians may be facing. tonight the search for missing flight 370 enters a new phase so were the last 50 days all for naught? if the search came up empty in a small radius what's the hope for

varging the whole indian ocean. tornadoes rip through mississippi a day after 16 deaths in the midwest from other twisters. martin savidge is live in tupelo. oh no. who are you? who are you? wrong answer. wait, daddy, this is blair, he booked this room with priceline express deals and saved a ton. yeah, i didn't have to bid and i got everything i wanted. oh good. i always do. oh good. he seemed nice. express deals. priceline savings without the bidding. 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.

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tornadoes touched down in parts of the south tonight. there are reports that two people were killed in alabama. parts of mississippi sustained severe damage today. and millions of people across the south and midwest are warned to be on alert for more performance twisters. violent storms yesterday killed 16 people in three states. let's check in with martin savidge in tupelo, mississippi. >> reporter: it had been a quiet spring tornado wise until just these past two days. take a look behind me because this is the only light you'll see north of tupelo. well for as far as the eye can see from this particular vantage point. somebody brought in portable generators and illuminated the background. otherwise it's red and blue emergency lighting. look closely what is that. you would recognize it. almost every street corner has

one. it's the local gas station. the kind with a big awning over the top. imagine what it would have been like to be inside working, pulling up to the gas tanks to fill up because that's what was going on when the storm struck at 2:30 in the afternoon. utter devastation. amazingly nobody seriously injured inside. for all of the state of mississippi despite the extensive damage there's only one fatality that's been reported. it seems primarily this storm went north of town, went through business districts. heaviest damage you see in suburban areas are trees down. houses didn't suffer like this. that's the good news. the worst is there's more bad weather still to come. right now they are sift through the rub told see what can be sal vagd and begin to think about what tomorrow can bring. >> martin savidge thank you four report. we'll continue northern the storms in the south all evening. president obama today imposed

additional sanctions on russia for its actions in ukraine. ing the sanctions target members of president vladimir putin's inner circle who are now subject to usa visa ban and asset freeze. the russian government denounced the move calling it meaningless, shameful and disgusting. earlier today i asked three times the deputy national security adviser if these sanctions were aimed at putin through his associates since there's reports he has billions stashed in the companies of those associates. but i couldn't get a straight answer. i read that story in the "new york times" about estimates of vladimir putin's fortune, his personal wealth and i'm looking at sanctions in a whole new way. is it possible u.s. policy with regard to sanctioning individuals in russia are designed to go after putin personally? >> what we're doing is going after the people who are closest him to, the core of the russian

economy, and really his support structure, the two individuals who are designated today, control very large companies, one industrial holding company, the other a large energy company that are right at the heart of the russian economy. we already had a dramatic impact on russia through the course of the sanctions that we've done in coordination with the europeans over the last month we've seen financial markets down 22%, we've seen ruble at all time low, investment drying up, capital fleeing the country. >> but is part of your hope you'll squeeze him personally, not just those who are in his orbit but putin himself? >> president said today we're not trying to target president putin. what we're trying to do is get him to change the course he's taken in ukraine. >> let me try one more time from a different angle. does the possibility exist that putin's name, that vladimir putin's name itself will go

tloints of those russian individuals who are subject to american sanctions? >> again, the purpose is not to target president putin personally. it's to increase the pressure on him by going after key actors in the russian system in the russian economy and to get him to take the steps he's already committed to in geneva through the diplomatic process. that's the objective and the pressure is being increased deliberately, systematically working with the europeans. >> let's talk about the expands sanctions and these alleged hidden billions. you can see i struck out when i tried to ask the white house is putin himself the target. do you think that putin himself is the target of the sanctions. >> there's no doubt sanctions are destined close the circle around the russian president. and the people who have been a target sod far, people closest to him, among the people closest to him. >> how raft is his personal wealth?

>> it's like a parlor game that's being played, it's been played by the obama administration, bush administration, but it's a parlor game that no one knows quite the right answer to. finding facts on this is difficult. it's clear there are government documents that show the estimations running from ten, to 40, to 70 million dollars. >> the treasure department has said they believe he has holdings in gun for. >> they do a lot of work in oil and mining, a lot of commodities. gunvor had a principal owner long associated being close with putin. he's since he's relynn kwishd his oldings in the company and at the same time the company itself is denying any kind of investments or holding or ownership on behalf of putin.

>> does he live like a man with expensive tastes and ability to afford them. it's hard to ask that of a world leader. his earnings are $102,000 the equivalent there of per year. >> on paper. >> is he a man of lavish tastes. >> he lives large. i don't think anyone will dispute that. >> if it were revealed that he's much like the oligarchs and at a time when the russian economy struggling and we had a report tonight about standard & poor saying they are at junk bond level what might that do to his standing, if anything, among the russian populace? >> it would be a -- that's the key question. if the oligarchs start feeling the squeeze and as my colleague peter baker and others who i worked with on this story have shown that if they start feeling the squeeze then the question is how soon will putin start feeling that squeeze. >> is there a chance, andy, that his name, his name personally

will go on tlits of those who are now on double secret probation? >> right. well it seems that that's the nuclear option and whether that happens that seems far down the road at this point. >> there's a cia report of some kind that want addresses this issue but not been made public. do you think there will be more information forth kbomg this? >> i think that there will be more information coming out. i think when you saw some of the information coming out justin sanction reports themselves, they were articulating publicly views that previous administrations have been keeping privately. >> i know you were personally knee deep in the wikileaks documents that speak to putin and russia generally. did you learn anything of significance from that treasure trove. >> that's write spent a lot of time going through, looking at material and you see companies like gunvor, you see assertions he has financial connections

with gasprom and other major financial concerns inside russia. the question is how long will the pressure be applied to those companies and how deep those pressures will go. >> your report makes me look at sanctions in a whole new light raising the possibility some people saying obama needs to get tough with putin. if this is altru maybe that's what he's doing from a financial perspective and a very personal perspective. andy lehren thank you so much tony fiorentino your reporting. i had some questions whether john kerry is poised to run for president in the next few years. i think he just secretly telegraphed me his answer. the malaysian prime minister promised he would release his report on missing flight 3 50e7. can we be sure we're gets all the information?

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that corporate trial by fire when every slacker gets his due. and yet, there's someone around the office who hasn't had a performance review in a while. someone whose poor performance is slowing down the entire organization. i'm looking at you phone company dsl. check your speed. see how fast your internet can be. switch now and add voice and tv for $34.90. comcast business built for business. the headlines that got the story half right, first up from the hill will popular vote elect president in 2020. this one brought back a lot of memories.

it was in the year 2000 w lost the pop lash vote and won the presidency and there's a hue and cry in certain quarters thereafter who said we need to change this system. then you didn't hear anything about the issue. 11 seats enacted the national pop lash vote bill and those states 61% of the 271 electoral votes. the advocates for making this change say hey in 2012 two-thirds of all the campaign spending for the presidential race was consent trapted in just for you states. what occurs to me if we change the system to a popular vote system it won't be just a handful of seats it will be a handful of urban areas that control the vote. in other words there's not a clean solution to this and i'm disappointed but not surprised by fact people are putting on their partisan jerseys before they decide allegedly based on principle which way they think this should go. remember that old headline it said this.

the old headline read will popular vote elect president in 20? what i would have written there's a reason they call it a popularity contest. on to number two from my home town philadelphia ininquirer. my column. the column headline said special court helps veterans with addiction. this is me telling the story of an army specialist who gets injured in iraq and then is prescribed prescription pain mepd, percoset, graduates to oxycontin. then goes to heroin. his case gets on the wrong side of the line. one sixth of our afghanistan and iraq vets have an issue with substance abuse. the message is heroin is permeating all sorts of communities where it didn't used to be including in the military ranks. you remember the old headline, the old headline on this one said special court helps veterans with addictions what i

would have written, heroin addiction knows no bounds. and the last headline is from the daily beast. kerry warns israel could become an apartheid state. we're at that point where people are starting to speculate what the 2016 field is going to consist of. yesterday bob schieffer said he has it on good authority mitt romney is considering getting into the republican race in certain circumstances. i've been wondering about john kerry. john kerry who had big shoes to fill as he followed secretary clinton into the role as secretary of state. he's worked hard and has done a pretty decent job. presidential candidates running in this country, they don't put israel and apartheid in the same sentence. so you remember the old headline on this story? the headline said kerry warns israel could become an apartheid state. my headline, kerry closes the door on 2016.

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it is highly unlikely at this stage that we will find any aircraft debris on the ocean surface. therefore, we are moving from the current phase to phase which is focused on searching the ocean floor over a much larger area. >> the search for flight 370 has turned up nothing at all the families of those on board are demanding answers from the malaysian gymnast. will the families be satisfied. we're joined by aviation expert joe nance a former captain for alaska airlines. john, it october course to me if the search area has been expanded maybe doubt is being cast on what we're believed to

have been ping from the black boxes and you know what i'm referring to when i make reference to that want triangulated picture. were those sounds from something other than pings from the black box sfs >> i seriously doibt. i think those were the valid sounds especially since we picked up two separate pingers. that's very telling unless there's some other situation down there with fishing equipment there would be no other explanation. but the other thing is the other elements we don't know the lechl of silt. we don't know how this airplane entered the water. it's vertical and high-speed might just be confetti pieces down there. >> i'm glad you raised the issues -- -- lacking your expertise may be naively i keep saying by now wouldn't debris have washed up on some shore somewhere?

>> not necessarily. i mean we've got a situation where things in that part of the ocean may wash up on eastern african shores in about a year but it's not going to be the case that it gets to western australia and if it is small pieces that came about those are probably going to sink over time. we have no idea whether this plane went in under control vertically or as a result of running out of gas both engines and coming down in phugoid motion. that would have left larger chunks. >> cristina simons. you heard me ask john nance about the expanded search area. this is your area of expertise, underwater exploration. what do you make of it? >> i think he is right on.

they are confident in those pings having been from the black boxes. they have done a thorough search but they had other areas where they have heard pings. there are a lot of resources at their disposal in terms of instruments that can fly higher above the sea floor and cover more area in less amount of time. and if they are tethers to a ship they can see the results in realtime. >> are you worried a the rug gets pulled out of this exploration because of financial reasons? i know you must have a handle on what this all costs and at some point do we run the risk that whatever that entity might be says we just can't afford to pay any longer. >> it's a real problem. it's a challenge we face today

in terms of getting funding to do basic research in the ocean. one of the shifts from my alma mater is on the order of $50,000 a stay just to operate. and that doesn't mean bringing in instrumentation and working on interpreting the data that is collected. >> richard quest was told that a report would be forth coming this week. what do you anticipate once it is made public? >> i don't anticipate any bombshells. it would be detrimental for the malaysians if they have been holding things back. it will be a recitation of what they knew and when they knew it and give us insight into the backgrounds of the captain. that's something i'm not sure we have heard enough about. there are no questions in my mind that a pilot had to have done this.

>> i have 30 seconds left with you, john. i'm glad you raised that subject. an attorney has put the idea in my head. what do we know about the jump seat and whether it was occupied? >> ah-ha and that is the question. we don't know and we do nose these crews have been loose about letting people in the cockpit. but the fact is that there was somebody known to the pilots, maybe they were in the cockpit. there's not a clear track of the pilot and co-pilot being suicidal and homicidal. >> thank you christina simons and john nance. one last thing. how much does your smartphone say about you? the supreme court is going to weigh in soon about whether those secrets in your cell phone may be off limits to cops without a warrant. discover card. hey! so i'm looking at my bill, and my fico® credit score's on here. we give you your fico® score each month for free!

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could mean less waiting for things like security backups and file downloads you'd take that test, right?

well, what are you waiting for? you could literally be done with the test by now. now you could have done it twice. this is awkward. check your speed. see how fast your internet can be. switch now and add voice and tv for $34.90. comcast business built for business. one last thing. let me start with a jeopardiesque question. this is in the category of lists for $800. candid photos of family including four kids. passwords to all social media accounts. medical history, birth dates, calendar appointments and cell phone numbers of and addresses of family and acquaintances. and the question is what could

you find out about michael if you had my iphone. tomorrow the supreme court will hear argument on a privacy debate. at issue is whether law enforcement first needs a warrant before examining your smartphone. this debate arises from two cases, one of which involves a colorado man who was arrested in august of 2009 after a traffic stop resulted in the discovery of loaded guns in his car. the officers seized riley's phone wouldn't a warrant and searched his messages, contacts, videos and photographs and based in part on what they found on the phone they charged him with an unrelated shooting that had taken place several weeks prior to the arrest. our 18 century framers would never have anted that their words would have applied to this 21st century conundrum.

the fourth amendment says the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue but upon probable cause. the question is not whether they can be search bud whether their inspection should first require a warrant the issue is whether the cell phones should be in the category. the outcome and argument will be interested to watch. this might be one of the supreme court cases that defies the 5-4 break down. i hope that the justices land on the side of privacy protection. my iphone is a window into the aspect of my day-to-day existence. and the only way that the law enforcement should gain access is by proving they have a right to take a look.

smartphone is a misnomer. they are personal computers that happen to include a phone function. thanks for watching. i'm michael smerconish. i'll see you back here tomorrow night. cnn special report with don lemon starts right now. tonight a story that's not about sports but about america in black and white. what we think about race and how some people talk when they think no one is listening. >> if you feel it don't come to my games, don't bring black people and don't come. >> you know you have a whole team that is black that plays you. >> i know. i support them and give them food and clothes and cars and houses. who gives it to them? does someone else give it to them? who makes the game? do i make the game or do they make the game?