yards separated the two. firing back. china rips into u.s. allegations that their military officers were spying on american companies. this morning they're summoning the u.s. ambassador and warning this could threat en u.s./china relations. >> your "new day" starts right >> your "new day" starts right now. -- captions by vitac -- www.vitac.com good morning. welcome to "new day." it's may 20th. can you smell that? that is election season in the air. this morning we're watching primaries in six states. . could dethrone key players. >> this features a tea party challenger battling the establishment republican from the right. including a challenge in kentucky to senate minority leader mitch mcconnell. with more than a dozen senate seats seen up for grabs, what happens today will say a whole

lot about what the fall is going to look like. let's get over to peter hanby who is live in washington. peter, layout just how important today is. >> the environment this year is very favorable to republicans. they just need six seats to pick up the senate. and democratic incumbents are playing defense in seven states that mitt romney wants. they woub should be able to take back the senate this fall but it's a big if because as we saw in the last two election cycles, 2010 and 2012, tea party and grass-roots conservatives did win out over establishment backed candidates and became the republican nominees in a lot of states that republicans should have won but lost because they were seen as too outside the mainstream or alienating to women. that's why today these primaries are very important, particularly kentucky and georgia. these are states that are republican held but republicans don't want to fumble the ball here. you mentioned kentucky, senate minority leader mitch mcconnell

is expected to skate to a big win over matt bevin. and in georgia there were real fears among republicans in washington that republicans would nominate phil gingrey or paul broun. candidates will probably win that nomination. the top two finishes in georgia, kate, today will move on to a nine-week runoff that's going to end in july. again, the candidates, the establishment didn't want are probably going to flame out down there. so this is a first big step we saw in north carolina a few weeks ago, the establishment pick there won. so so far so good if you're an establishment republican. >> all right. so there are a lot of moving parts here. but to be sure, the stakes are big, so let's bring in paul and kevin. paul is a cnn commentator, senior adviser to the democratic pac priorities u.s. action and kevin is a cnn political

commentator and strategist. kevin, i start with you. perhaps not since the 1870s when political cartoonist thomas captured the enormity of gop vote in the image of an elephant have the stakes been as big for your party. are you feeling it reverb yats throughout the gop that you must have must win hooser? >> yeah. one of the things that many republicans are excited about are that our grass roots activists are extremely animated about getting to the polls. that's a good thing. we've had contests within the party but a lot of grass roots elm ements come together to produce good candidates that are going to help us in so many of these battleground states that are going to be critical to winning if we're going to take back the senate in november. >> you're going to lose the senate, paul. how does that feel? >> don't count your chickens,

como, there, no. there are very impressive -- democrats are hardly in array. tough primary for pennsylvania governor for the democrats. but for the senate seats, particularly the two we're watching today in kentucky and in georgia, democrats are running really impressive wins. who are essentially unimposed. allison is already neck and neck with the ultrapowerful mitch mcconnell who has won twice in kentucky. in georgia, sam nunn's daughter, now her own candidate after today. nominee of the democrats for senate michelle nunn. she is already leading the republican parade on the other side. she's beating any of the republican nominees in the polling that i've seen. democrats are looking pretty good in these very red states of georgia and kentucky. >> do you think you keep the senate? yes/no. >> yes. >> you do? >> i do. >> kevin, are you checking the money? i'm fascinating by how much

money is used outside the traditional campaign structure in pacs like the one begala works for to attack the candidates. concerns about money and concerns about wasting money for the 2016 attack if. >> look, you know, i think this is a new landscape we're in with fund-raising. a lot more of these outside organizations are having an impact on how these races are run. but i think that one of the things i'm actually encouraged about is that a lot of these contests, again, are producing really good candidates. they're making candidates put to the their campaigns earlier and do a much better job of controlling the environment that they're going to be working in much sooner. we're getting a lot of better candidates. buts this no doubt that many of these candidates recognize that there's also the other side of the machine any eindication well funded outside organizations like paul's and others that are getting ready to attack them all of the way through to november so they're arming up and making sure they've got their message out there and they're going to

be able to compete on the air, on the ground, you name it, all of the way to november so we can be successful. >> you listen to what paul and kevin say and they're going to gv you an inside track but track the money itself. it is amazing how much honey is coming from politics these days. kevin, are you worried that these challenges are pushing your mainstream or establishment or traditional candidates farther to the right than they might be may like? >> no, that's a democratic talking point, that it's one that's really not rooted in reality. one of the republicans that republicans are doing so well is the issues that people care about, obamacare is important to a lot of these voters but issues like whether or not the government the working efficiently. some of the reforms we need in washington relates to spending and taxes. republicans are winning those debates not only with the base voters but independent. we won the middle, the base, and having a lot of conservative democrats who think that the obama administration has gone

too far with a lot of big government policies. they're looking at republicans, too. that's one of the reasons why we're going to win in november. >> paul, you disagree? >> i do. i think the tea party -- they will lose some battles. probably lose today in kentucky against mitch mcconnell but they've won the war. the war is over. the republican party has become the tea party. hostile takeover by the tea party fosts. you don't see anyone anymore, kevin, running, for example, on mitt romney's health care bill, you don't see any republicans running on george w. bush's immigration reform which is now the president's plan, you don't see any republicans running on john mccain's cap and trade plan to control carbon pollution. these used to be republican ideas that president obama is trying to enact but it's now the tea party taking over the republican party and that's who is going to win irrespective of the name on the ballot. it's going to be the tea party. >> one race to watch for an untraditional reason will be this pennsylvania -- it's a governor's primary going on. i get it. it doesn't control the senate

but it's a big accountable election. the governor is corbett. he was borne out of the penn state scandal that happened here and a lot of people gefeel thate never went after the organization that the coach sandusky had been a part of, that you never went after the high school involved with the first kid who was brought forth as a victim. do you think accountability as a theme may come out here that you may hear people talk about it? >> i think you're right. that's a good point. i've worked on pennsylvania governor races in the past. i don't have any activity in the current year. i don't believe an incumbent pennsylvania governor has ever been defeated since they went to four-year terms. and yet tom corbett, the most vulnerable republican governor in the country, across the board, people in pennsylvania think he's gone too far. the democrats have an interesting primary today. i would look for tom wolf, a businessman, made a fortune selling kitchen cab binetcabine. honorable, we're proud of that.

he's likely to run and i think he can bring for a democrat a business perspective to that race against car borbett as a politician. >> thank you for the insight, gentlemen. kevin, paul, always a pleasure. let's see how it turns out and discuss again tomorrow. >> thanks, chris. we're learning more this morning about a truly frightening close call at newark liberty airport last month. federal investigators say two plane pras nearly collided when one was trying to land, the other was about to take off. you won't believe just how close they were to what surely would have been horrible and a disast disaster. renay marsh is live with more details. what more are we learning and how they got so close? >> kate, i can tell you they were dangerously close. and now the ntsb and faa are investigating who is to blame for this near collision. close calls like this usually come down to either pilot or controller error. >> yeah, he was real close.

>> reporter: awed yoes revealing tense moments between the pilot and air traffic controllers when two commercial airliners nearly collide midair over newark airport last month. >> 4100. traffic action. do you have -- >> reporter: the controllers directing a united airlines boeing 737 to land just seconds before a smaller express jet was cleared for takeoff on an intersecting runway. the larger jet nearly on top of the plane when controllers tell it to circle the airport. >> okay. yeah. nose down and he was real close. >> reporter: at its closest point the aircraft going 50 yards away from each other. only about half a football field. >> that express jet should have been held in essentially the ready to go position until the 737 had cleared that cross runway and made a safe landing and then taken off. the clearance for the express jet to take off never should have been given. >> reporter: this is the second time in recent weeks united

airlines has been involved in a nearly catastrophic collision. in april a boeing 757 flying over the pacific nearly collided with another aircraft after climbing to the altitude controllers assigned them. the aircraft forced to plunge 600 feet in seconds. >> i'm looking down the aisle, and there's, you know, hundreds of people in front of me, people start screaming. there's noises of things that weren't secured falling around. >> reporter: where the error lies in these most recent near disasters still under investigation. >> all right. now, as it relates to the new jersey case, there was no damage reported to either aircraft. and as far as the people on board, thank goodness no one injured. back to you, chris. >> that is a thank goodness indeed. appreciate the reporting. the u.s. is doubling the number of aircraft standing by in italy in case americans need to be evacuated from the embassy in libya.

an evacuation order could come at any moment because of fierce fighting that is erupted across the country. let's bring in barbara starr live at the pentagon with more. good morning. >> good morning. it will be a decision by state department whether or not the embassy is evacuated. but if that order comes, the u.s. military, this time around, unlike benghazi, will be nearby and ready to go. what we now know is just across the mediterranean to the north in italy a full military evacuation package is on stand by. about 250 marines, 8 v-22 aircraft, three abdditional aircraft for fueling along the way, all of this now on a a two-hour string. that means if the order comes to evacuate, if the state department makes that decision along with the white house, the marines will be in the air within two hours of getting that order to fly to libya and get the americans out of the

embassy. this is a very different situation than a couple years ago when tragedy struck in benghazi because there were no military forces nearby to be able to stage a rescue. this time, they are close, they are ready. michaela? >> we'll keep watch that situation in libya. thank you so much, barbara. let's look at your headlines. thailand is now under marshall law. the army made the declaration overnight insisting it is not a coup but just a move to maintain peace. the thai government says it was not told in advance and is now trying to figure out what to do. meanwhile, in washington, the state department says it is closely monitoring that situation there in thailand. major development in the search for answers to the mystery of flight 370. raw satellite data that missing passengers' families have been demanding for months may finally see the light of day. until now, inmarsat, the company whose satellites communicate

with the missing plane in the last hour had declined to make it public. but inmarsat and malaysian authorities now say they are working together to release that data. two more court victories for opponents of gay marriage. same-sex couples will be able to get marriage lie sents today after a federal judge struck down a 2004 amendment. the state was not defnd it is the amendment and is not expected to appeal. in utah, a federal judge ordered the state to recognize the marriages of more than 1200 same-sex couples who obtain eed licenses earlier this year. amazing video to show you from wyoming. it is a supercell storm. look at that! formed earlier this week bring torg rehn shul downpours and baseball-sized hail. i can't believe people had the presence of mine, indra, to stop and record it. i would have run the other way. >> i haven't stheen sineen that "ghost busters." >> if you can run, baseball size

hail. how terrifying. forget your car, you won't have a windshield after that. talking about severe weather because the weather pattern has completely shifted. good news for the west coast. that's where they're starting to get the rain. especially in the southern plains where they need it. notice on the east coast, starting to see more warm air building in. looking at that temperature change. what is going on? we have more threats, more severe weather. why? all the moisture, upper midwest, into the ohio valley. we need temperatures. we need very warm temperatures. they are soaring. heads up if you're going up towards chicago, o'hare today. layover possibly in that direction you may be talking a delays. why? we have a severe weather threat once you take the combination of that moisture and the temperatures. it's not just chicago, columbus, milwaukee, and denver may see delays because severe weather expected east of you in that region as well. other story is that system going to the east. light showers possible. into the ohio valley and by

tonight and tomorrow, the northeast. not a lot. unless you're in one of the heavy thunderstorms you're only talking about severinches of ra. northeast, dry. memorial day, temperaturewise, it's been muggy, hot. temperatures will go down with that front to actually below normal. feel calmer for you. d.c. going up to 82. southeast, temperatures are very hot and muggy. it's that time of year. 80s and 90s. we're done? >> just stop at hot. >> hotlanta? >> stop at hot. let's all be happy, radio it? >> exactly. we'll go with hot. >> thanks, indra. coming up next on "new day," china firing back tearing into u.s. allegations that its military officers wither spying on american companies. u.s. ambassador there, they say is being summoned. how big is the fallout going to be? plus, more oklahoma one year later. you remember the tornado that tore through there. we return to the scene and see how far they've come. new car!

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china this morning firing back at shocking charges against some of its own military. the u.s. says five officers committed cyberes spin nanlg

stealing trade secrets from u.s. companies. china calls that absurd and is demanding the charges be withdrawn and is even summoning the u.s. ambassador to discuss, to make a formal complaint in beijing is threatening this could put u.s./chinese relations in jeopardy. here to discuss what the fallout could be. cnn global economic analyst and "time" assistant managing editor and major general james "spider" marks, former commander general of the u.s. army intelligence center. a lot to get through. i have a lot of questions about this, spider. this is the first time the u.s. government has charged chinese nationals with cyber crimes. it is unlikely, let's just state the reality, that they're ever going to be brought to trial in the united states for these charges. >> correct. >> what then is the impact from your perspective? >> i think the united states is laying down the marker saying this sun acceptable behavior. i'd even venture to say we're a

bit naive to think that might occur. maybe that's not the thinking inside the justice department that these folks would be brought to justice here in the united states. but clearly the issue here is the chinese don't view this as a crime. this isn't an issue to them. we have in the united states established a very robust national security capability within the nsa and the cyber command. we've created cyber warriors so we can have computer network protection as well as computer network attack. but clearly the united states is in a catch-up mode. the chinese have been doing this for years. since 1999, they wrote a treaty on unrestricted warfare which really defined that the internet and cyberspace is available for military operations just like it is for diplomatic or informational or for financial interactions. so we view this entirely differently from how the chinese do, which brings us to this issue where the ambassador is brought in to have a discussion about what the united states is trying to achieve. >> you know a t. chinese economy very well.

how is it that china does not view this as doing anything wrong? in its statement which was very blunt in its response to these charges, in part china says that it has never engaged or participated in cyber threat of trade secrets and of course accusing the united states of hypocrisy and having a double stand 2k5ard in light of the ed snowden leaks. >> it's funny. i was in china went the edward snowden case was breaking some time ago and the chinese were shrugging like what's the difference between hacking into a company or hacking into a government for military purposes? they don't see a difference because the chinese economy is largely run by the state. so there is a lot of overlap. to them strategic interests and economic interests are one in the same. they really don't see a difference. >> so, spider, the united states makes that distinction though. there is a difference between the nsa spying on other g governments but the united states says it does not spy to

steal trade secrets, to benefit u.s. companies. how does the u.s. win that argument that there is a distinction? >> well, kate, really that's a moral equivalence argument. i normally don't go down that path. i have very little interest in listening to the chinese lecture was about what is ethically or morally correct. let's just let this thing kind of drop. they're going to yell and scream at us. they're really surprised that we care about this stuff. but clearly in china, you've got the party, you've got the government, you've got industry, and that's all kind of in the same soup. there's very little distinction that exists among those parts. >> excellent point, spider. let's talk about what the chinese is trying to get at here. spying into steel company, high end electronics, high end technologies, if you will. >> it's all about intellectual property, high-end technology and basically about taking their economy up the food chain. so we always think of china as being a huge economic power house, jumping ahead of the u.s. in certain respects.

they still have basically a copycat economy in a sense they're not the ones inventing new technologys. they tend to do a good job at replicating technologies. but in terms of being an innovator they're not there yet so probably looking for strateg strategic intellectual properties. >> i would love to get your take. this move by the united states, to publicly coming out not only charging five people, naming them, putting their pictures out there. do you think this is a game changer? will this cause irrepable harm to the u.s./china relationship? >> i think it's going to be interesting to see what else unfolds in the next few days. are there going to be trade implications, sanctions. is this going to provoke any kind of trade or currency war? that could be really serious in that happens. i think it's interesting it's happening now because it's a time of gloebl economic turbulence. all boat rsz not rising. this is when things like this, these sorts of tensions happen. >> from your perspective, the military perspective, even

diplomatic perspective, spider, do you think this could cause irreputable harm to the relationship? >> it's not super to begin with. i don't want to sound flip, but i don't know the marriage counseling is in the offing. but clearly we have to address this and get on the same page so we can move forward. otherwise, this becomes a point of contention that's very, very volatile. >> but this is not new. that's the one thing. >> no. >> when i was on capitol hill, this was what many lawmakers, mike rogers and the homeland -- intel committee. saying this is the biggest problem we have right now facing the country, that people are not paying enough attention to and now we're seeing the government taking some action. chris? coming up on "new day," a year ago we were in moore, oklahoma, after a deadly tornado just tore that town apart. wait until you see the before and after. plus, the case against donald sterling begins. the nba has set a date for a vote but the clippers' owner is not going eye quiquietly.

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welcome back to "new day" at half past the hour. headlines, a big primary day with important races in six states where key political players could be toppled. the big question in four of them. how much muscle does the tea party have? senate minority leader mitch mcconnell facing a challenge from the far right. dog owners beware. toxic treats have belinked to mn a thousand deaths 'the food and drug administration is issuing a new health warning about jerky pet treats import fred china

1800 new cases of pet illnesses since the last warning in october. the fda says the jerky treats were almost all made in china. the flavors include clicken, duck, and sweet potato. i want to show you dramatic dash cam video. elementary school teacher is facing charges this morning accuse of nearly killing a police officer in missouri. police say 46-year-old christi biggers was intoxicated when she caused a chine reaction crash sent lewis plunging 30 feet off a bridge. lewis was taken to the hospital in serious condition but he is expected to make a full recovery. his only option he thought was to jump and get out of the way. hopefully he'll have a speedy recovery. chris? >> thanks for that. today marks a very somber anniversary, especially in oklahoma. cnn was there a year ago today when a massive tornado ripped through the town of moore, oklahoma, leaving 24 dead including 7 children. you will remember the kids were killed while seeking shelter

inside their school. george harrell was on the ground that day, did beautiful reporting, and is back in moore this morning to take a look at how far they've come and how far they have yet to go. good morning. >> reporter: chris, good morning. i can tell you personally, it is a day that i will never forget. my team and i, we heard the sirens blaring. we went to an underground shelter to get out of the way. and then we arrived back at this community and just saw everything destroyed. a year later, you see signs of progress, you see homes coming up, but for everyone who was here on the ground that day, people remember vividly just trying to get out of the way. never before seen video. >> you can hear the roar. >> it's right there. >> reporter: of a family on the run. >> that's it. it's right there. >> reporter: a monster in the rearview mirror. >> oh, my god. >> reporter: every second, every decision, a matter of life and death. >> i'm going through the field.

we're going to be good down here. >> drove south through fields, over curbs and fences to get out. >> reporter: the brodericks returned to only find they lost everything. but they had a much bigger concern in mind that night digging through debris and finding the missing and that is when we first met -- there was just carnage. you know, but it had to be done. people needed to be helped. so i started rounding everybody up. people were just running up and down the streets. i got them hollering out, if you can hear me, call out. >> he is my hero. i mean, not only did he save our lives but i know he saved some other lives. >> reporter: the brodericks consider them among the lucky. >> the front door here. >> reporter: slowly but surely rebuilding their home. but this community almost suffered some heartbreaking loss. 24 people died that day.

7 of the dead were students, killed inside plaza towers elementary school when the building was all by leveled. one of them, danny moore's son. >> my son christophered had a little friend down the hall that was crying. upset about the weather. he asked his substitute that day if he could move down the hall. she allowed him to and he covered his little friend when the wall came down. >> reporter: the old building didn't have storm shelters. the new school that's going up will. and you find throughout this community that new homes are being built with storm shelters in place, just as the broad ricks are planning. >> we're going to build our storm shelter right here, kind of between the second and third cars. >> right there. oh, my gosh. my gosh. don't look. don't look. >> reporter: after what this family, like many others, saw and experienced, one year ago, not being prepared for a disaster like this is no longer

an option. >> i can hear the roar. >> reporter: there is currently a debate to try to get storm shelters in all schools here in oklahoma. there is presently no state demanding it or a debate about how to pay for it and critics say there's no excuse given what people went through a year ago. governor told me it is top of the list for her as far as priorities but she says it should be left up to communities to make that decision as to how that happens. chris, you remember being on the ground here. you remember seeing all this debris. the debris is gone. people lived through that process of getting that out. and now they are where they are now, but it has been a long, slow and painful process for a lot of people. >> it's important, george. thank you for going back because we tend to forget. term talk about the shelters. i remember the promises. and i remember the lawmakers saying this won't happen again. we'll prepare our community the next time and now you hear the state is saying, well, it's up

to the locals to figure it out. they need the money. they need the guidance and the help. we want to show you some images of before and after. just so you get a sense of how terrible it was. this was a bowling alley. remember, everybody was so moved because the pins were still up. this is one of the schools. this is what happened at the school. this is briarwood school. this, i believe, was the -- this was the hospital medical center. now you see it's just a blank slate there. they stale have a rebuild. and this, of course, was plaza towers school where the children lost their lives. this is the video we took from air so show the complete devastation where part of the town is intact, the rest of it is gone forever. things to keep in mind. that medical center needs to be rebuilt. we all care in the moment. americans, especially, are tremendously generous in the moment of crisis. but you know, news moves on. not everybody is a george howell who fights to want b to go back and cover again a year later so that we remember west texas that

town because that was blown up by that weird explosion at the fertilizeroklahoma, they need y help now. they need it right now. tre build the medical center, storm shelters, schools. and then it's everything that they can't rebuild, the feelings and the families. >> it shows how -- well, when people -- people go back to their lives after these horrific events but it shows that their lives in moore, oklahoma, changed forever, construction still happening, construction not even beginning in some places. and debate about the school storm shelters is a very live debate happening. it said if they would retrofit to get a storm shelter in every school in the state it would be something like a billion dollars that they would need. so that's where the debate is today. what they're going to do. one thing they say is for sure is that they're going to be hit again. it's just a matter of when. >> sure. these things happen. you have to do the best you can to prepare. it's good that george wendt back. it's good for us to remember. >> yeah. coming up next on "new day,"

welcome news for the flight 370 families, inmarsat and the malaysian government are working to release the raw satellite data that's been used to find out where the plane they think is the best guess of where the plane is. but exactly what will be made public still remains a bit of a question. we're going to talk to the partner of an american on board the plane who has been one of the folks leading the effort demand that the data be released. [paintball noises] the annual company retreat. planned, as usual, by this guy. nature lover... people person. ♪ and you put up with it all... because he also booked you a room... at this place.

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so this morning the nba is a step closer to forcing donald

sterling to sell the los angeles clippers. the league has initiated a charge against sterling per the nba scon brks arkba constitutio appeal in june before they vote. sterling is having none of it with his lawyer demanding a three-month delay. let's talk about if that happens and what will happen going forward with mr. david cornwell, sports attorney with gordon and reese and former assistant counsel with the nfl. so we hear phrases that sound very judiciary, they charged, there's an answer for reply, there's going to be a hearing. but this is not in a court of law. this is in the court of the nba. how is it different? >> it's different because one thing is it gets one bite at the apple in the constitution and bylaws it says that he waives all right to go to court to have a decision reviewed. he just gets one bite at the apple. he has five days to appear and to make his best showing as to why the charges are not

accurate. >> and the judge is actually going to come down to the vote, right, the owners themselves. it's not just one judge. >> that's right. the 29 other owners will be sitting in judgment. 3/4 of whom must vote to terminate his membership in order to take away his ownership of the clippers. >> and the rules of play are pretty much anything goes, right? there are no rules of evidence, you just make the charges as you want and you answer them the way you see fit? >> he has a right to counsel if rule of evidence -- rules of evidence apply but not strictly. and this was more about procedure and process. having a lawyer there, enabling him to make sure to make his best arguments, allowing the rules of evidence to be the guide, to ensure that it's just not an unwielding and unmanageable process. but he will have a full opportunity to make his best showing as to why the charges are not appropriate and that he should stay an owner.

and the league will be represented by counsel, supporting its position that the charges are accurate. >> and then once the vote is had that's it, he does b get a chance to appeal. we only gets to appeal the initial charge which is what the hearing will be. is there any wiggle room for sterling here? any spis way to work this system? >> i don't think so. that doesn't mean he won't try. but the constitution and bylaws says that he waives all right to go to a court. it says that the final decision shall be binding. so there's really no wiggle room based on the words of the constitution and bylaws but his best shot probably is still to assert that the charge itself goes beyond the scope of the constitution and bylaws and probably are tried to have a court say you interpret this against me rather than letting the commissioner and the owners do it. >> what's the chance that happens? >> somewhere between zero and none, but he'll still try.

>> where do you think the need is right now with the owners from zero being, oh, we don't want to set a dangerous precedent here for what quali qualifiqualif qualifies you to lose a team, and ten, he's got to go? >> i think he's got to go but i think the owners are probably 8 1/2. my sense is they recognize this has to be done. they want to do it cautiously. they want to do it right. as you say, some owners are probably seeing the long view here about the impact on their interests. so they will be very careful and tailor this specifically to sterling's conduct to date. >> appreciate the insight, mr. cornwell, counselor. see you on this again soon, i'm sure. coming up next on "new day," they say the data is coming. inmarsat and malaysia authorities promising they will make satellite information public and soon. but when and how much? what are you going to see in it and is it enough for the angry families? we will speak with sarah bajc, whose partner was on the flight, about what she wants to see in this data.

also ahead. it is primary day. top races, will the tea party challengers prevail? what's at stake in the house and the senate?

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yes, it's money time. christine romans is in the money center with what you need to know. >> the best retirement savers in the country live in silicon valley. a new study shows people in san francisco save 14.6% of their income in 401(k)s. people in raleigh and houston are also super savers. if you want to be a millionaire by the time you retire, save about 14% right into your 401(k). credit swiss pleading guilty. paying regulators $3 billion to settle this decades long investigation. this is also the first guilty plea from a major bank in decades. sprint paying $7.5 million for failing to honor those do not call requests from customers. this is the largest ever do not

call fine. sprint is not a first-time offender, by the way. just three years ago sprint paid another $400,000 fine. michae michaela. >> i don't try calling us when we don't want to be called. new developments in the search for 370. malaysian office shalls and inmar shatt are planning to make public the raw satellite information used to determine just where that jet went down. families have been asking for this data for months now and demanding an independent analysis. joining us now from beijing is sarah bajc, her partner philip wood was the only american adult on board flight 370. we know this has been months and months long process. you and the families wanting answers from inmarsat, from malaysian government. now that data is going to be released to you. what is your reaction to them finally doing this? >> well, we are delighted that they are responding to a

long-standing request. we are hopeful that they're actually going to release usable information. so, you know, just stating that they're going to release the raw data doesn't tell us what to expect. in the formal request that we have made it was actually to release all ping data from that particular airplane for the week prior to this occurrence. starting on march 1st, all the way up through to when the plane went silent. that would include pink data from when the engines first turned on. >> proof is in the pudding, what will be the information they give, will it be usable, will it be understandable. how confident are you that any big discovery will be there in that data? >> i don't think that we'll have any big discovery right off the bat. it will take a long time for outside experts to take this information and to try to create models. i mean, one of the goals of

getting information from prior flights is that so that you can have a pattern of what is within an acceptable range from that exact airplane as we have known time and distance locations. when we can take that prior week data and then compare it to the current ping cycle, that would hopefully allow them to build a proper mathematical model. >> you and the many voices are asking for an independent review of this data, peer review, if you will. let's play devil's advocate. on the flip side of that you have to be careful what you wish because with that you open up a lot of eyes that can take a look at all of this. are you prepared and are the families prepared for the rampant speculation that could come out of that? >> i don't think we could have more speculation than we've already had. there are hundreds of conspiracy theories out there. >> that's true. >> probably two dozen that hold

some valid -- some validity to them. on the finding philip wood facebook page as well as on the voices 370 facebook page we've gotten, you know, hundreds of thousands of people chiming in what they think might have happened. so it can't get worse. you know, we're hoping that various experts can come together and create some common consensus on what they believe is the right model to use. >> to that end you talk about all of these conspiracy theories. the former prime minister of malaysia adding his own voice to the mix of these ongoing conspiracies, saying that he thinks -- and actually accusing the cia of boeing of some sort of conspiracy and remotely seizing the plane. and then on top of it a filmmaker announced at cannes film festival, an indian filmmaker, that they're already working on a film about missing airline, there's the trailer for you right now. all of this going on.

the facebook conspiracies, et cetera. how do you cut through the noise? do you find that you just tune it out, sarah? >> to a certain degree, we all tune it out. we do register it. i keep a fairly careful log of all the different streams that we receive. and the kind of are o. claclass for third and second exchanges. but the involvement of a government is one of the sets of theories and the cia is one of the groups in question as is the chinese government is one of the groups to be in question. but none of us frankly know. and so, as a family group, you know, our push is for independent review. out of the hands of the people that hold liability in this case. and we'll have to trust that that independence will bring some light. >> and the absence of hard data, theories do abound. we know that.

in light of these recent developments, inmarsat and malaysian government saying they will release the raw data, in the light of lack of other developments we've seen, does your gut instinct changed at all in what happened to this flight? >> it hasn't really changed. since the 9th of march when they didn't find immediate wreckage in the sea of thailand, i've had the same basic theory. and that is that some very bad people, somehow took control of that plane. my personal opinion is that the involvement of governments at this point in covering things up is in an effort to try to fix whatever was happening. not that they caused the problem to happen. i mean, that's my personal optimistic view. and what's taking so long for us to have exposure to reality, i don't understand. but, you know, we just have to keep pushing and digging. >> we do indeed. sarah, thanks so much for making yourself available to cnn to talk to you about this ongoing

issue. we send you oust best thoughts as well, okay? >> great. thank you. >> all right. chris? >> as we get to the top of the hour, here are the stories to watch as you start your "new day." it is primary day in six states. major test for republicans, especially some big name candidates including senate my mority leader mitch mcconnell. violence is ear ruptding in libya. the u.s. is making plans to get americans out and something to keep you out of the airport. new details of a very close call at one of the country's busiest hubs. you ready? you ready? let's go. -- captions by vitac -- www.vitac.com make me the leader of the majority instead of the leader of the minority. that's achievable right here in conditi kentucky. hope that they will work with us and bring these men to justice. as libya's interim parliament has attacked, the

obama administration is taking no chances. nose down. yeah, he was real close. yikes. we'll tell you all about that near collision in the air but it is a big, big day for politics. key primaries in six states. the senate could be up for grabs. some major players could be ousted ahead of the november midterms. four of the states, put them up there, oregon, idaho, georgia, and kentucky, those feature a tea party challenger trying to topple more mainstream republican candidates. and with senate seats in more than a dozen states now competitive is why we're suggesting the ball lanance of in washington could be up in the air. the race everyone is watching is in kentucky. mitch mcconnell is facing off against a tea party challenger there and will have a tough fight in the fall. he may win. we have dana bash there in louisville this morning. the message has been spent. outside group spent like a million dollars to attack him. what's the situation? >> that's right. already people are pitching

forward to november, especially mitch mcconnell and his message is very interesting because it's about the big picture and it's really blunt, chris. he is saying that if he wins, there's a good chance republicans could take the senate, he would be majority leader. somebody who could do more to help kentucky and combat president obama. if he loses, people here in kentucky will have a junior senator with no experience and no cloud. his lightly democratic opponent hits back saying that, you know, people here are just -- and everywhere, are sick of the gridlock in washington and that he is a big part of the problem. i put that to mitch mcconnell yesterday. >> you're likely democratic opponent says you're exactly what's wrong with washington, you're the personification of gridlock. >> we will get into the debate in the general election tomorrow but i think what kentucky ans have to decide is which direction they want the country to take. do we want to go in a different direction or do we want harry reid to continue to be the majority leader? do we want to vote for barack

obama and a state that he carried four out of 120 counties? that's what's really at stake in the fall election. >> now, he's right. the president is highly unpopular here in kentucky. that is why mitch mcconnell is playing up the idea in his words, that if he goes back to the senate, if he is the majority leader, he would then be able to be the offensive coordinator against obama policies, not the defensive coordinator as he is now. the problem for mcconnell though, chris, is he's unpopular here, too, which is why we talked about the money, he spent a lot on positive ads trying to change that, soften his image. >> he's been working it, on the ground, grabbing -- pounding the flesh and doing what he needs to do. million bucks comes in from the outside. how worried is this he that he's got trouble in misown house? >> oh, very. that's what a lot of his focus has been and that's the problem. he's had a two-front today.

he has a republican challenger, matt bevin. the cliff-hanger today on that front is whether or not matt bevin really does a lot of damage. if he takes a lot of republican voters away from mitch mcconnell that could hurt mcconnell in the fall because it could make him even weaker and his campaign is saying, you know what, it is true that you have primary battles and they are divisive but at the end of the day the primary voters are going to come home and vote for him rather than a democrat. >> it will be interesting. pushing the word change so much. if he gets through the primary, 4th will face in the general, could be the first woman senator from kentucky, that would be a different kind of change as well. dana bash, thank you very must have. let us know what happens. we're going to have much more on today's primaries in "inside politics" segment coming up. you want to stick around for that. turn to china. fighting back this morning. accusing the united states of hypocrisy after the obama administration charged five military officers with cyber crimes for spying on american companies. china has now summoned the u.s. ambassador there and is

threatening to retaliate. let's bring in david mckenzie live in beijing. what are you hearing at the charges and those who are being charged? >> the charges are serious, kate. these five individuals who are members of the chinese military are being charged with conspiracy and hacking to steal trade secrets from u.s. companies that could have cost those companies millions if not billions of dollars, according to the u.s. justice department. and they are saying that the chinese work handing this information to gain a competitive edge. the chinese have hit back saying this is all rubbish. in fact, saying that these allegations are patently false, calling in the u.s. ambassador to china, giving him a slap on the wrist and also saying they're going to punish the u.s. going forward. they're not specifying exactly how they're going to do it. but at the very tense time between the two power houses. kate? >> and the suspects, the men who are charged are unlikely ever to be brought to the united states to face trial.

why do you think then would that reality, why is china reacting so strongly, using such strong language? >> part of it is just from the chinese point of view, the insult of it. they have these wanted posters of the chinese military officials, some of them in uniform, almost like the fbi would for common criminals or even terrorists. and for that, that is very insulting to the chinese from their point of view. and they also say there is a hypocrisy that with the snowden revelations, the former nsa contractor, saying that the u.s. was spying on its allies and its competitors, they say that really the u.s. couldn't really be in a position to point fingers. so at this point, both sides are accusing the other of stealing secrets, but the difference is is this is a criminal indictment and it's being taken very seriously by both the u.s. and by the chinese government. >> both taking it very seriously

which also begs the question, we'll have to wait and see what exactly is the serious fallout from it because it is far from over. david, thank you very much. live in beijing for us. quite a situation going on in libya. there is chaos and bloodshed in the capital there. so much so that the u.s. is now making plans to pull hundreds of americans out. evac order could come at any time. let's get to barbara starr live at the pentagon with more. >> chris, it still will have to be a decision by the state department whether to order the evacuation of the u.s. embassy but officials tell us they are watching the security situation minute by minute. as libya's interim parliament has attacked and smoke rises across the capital where there has been pierce fighting here and in benghazi, the obama administration is taking no chances. the pentagon has put troops and firepower in place to get some 200 american diplomats, security

personnel, and the military security contingent out of harm's way if the state department orders an evacuation. >> security of american citizens and american personnel over sea ssz our highest priority. the president and secretary have both been receiving regular updates, as they would in any case. >> reporter: just across the mediterranean at the u.s. naval air station in italy, everything is set. aircraft will be in the air within two hours of getting orders if it comes to that. the evacuation team includes 250 heavily armed marines, 8 v-22 aircraft that can carry 24 passengers each, and 3 additional aircraft for midair refueling along the way. at the same time, u.s. intelligence agencies and the pentagon have been looking at overhead imagery for days, scouting opposition forces, figuring out the best airfields for landing.

it's a far cry from september 11th, 2012, when the u.s. compound in benghazi came under attack and the ambassador and three other americans were killed. there were no u.s. military forces nearby to get there in time for a rescue. and, in fact, there are now 500 marines permanently stationed in southern europe justcontingency americans anywhere in north africa if it comes to that. kate? >> barbara, thank you very much. let's look this morning, now let's turn to the va medical scandal. it is widening. a florida facility is now being investigated for allegedly keeping a secret waiting list of patients. this new allegation follows claims that delays in phoenix could have led to the deaths of 40 veterans. president obama has been standing by the va secretary eric shinseki. the president himself is facing questions as well. cnn's michelle is at the white

house with more. >> reporter: we know the scandal has been growing seemingly by the day and now includes an investigation in gainesville, florida. the secret waiting lists that were not even entered into the computer. they were just written down on paper. and there was additional reporting this week that showed that the obama administration transition team, as president obama was taking office, was actually told by the va that these kinds of problems existed, with delays and waiting lists. and we don't know the extent exactly of what all was told but this does two things. it gives a whole problem a sort of who knew what and when and what all was done about it aspect. and it highlights the fact that these problems actually existed years before obama took office. he even mentioned them in a campaign speech back in 2007. so the administration has repeatedly defended its own record on this, saying a couple of things were going on. first, a large number of vets were entering the system through

two long wars. and that this administration actually expanded this services and funding available to them which they say was the right thing to do. kate? >> a couple things, michelle. yes, it's no secret that the problems with the va have been going on for years. and the administration, the president acknowledges it, as you said. why then -- why then are you hear that the president then most recently learned about the extent of the va issues from cnn's own reporting on this? >> well, they say the extent of these problems, that the allegations that veterans were dying while awaiting care, they say that they found out through the reporting on cnn. >> all right, michelle. thank you so much. live at the white house for us. >> sorry, kate. stepped right on you. martial law in thailand now in effect. the army taking control after six months of violent antigovernment protests on the streets. they say this is not a coup but the government says it was not told this was coming.

the obama administration says it is monitoring the situation. the oscar pistorius murder trial delayed once again. now on hold until june 30th after a judge today formally ordered the olympic sprinter undergo psychiatric testing to determine his mental state when he shot and killed his girlfriend reeva steencamp. the evaluation could last up to 30 days, starts on monday. defense psychiatrist introduced mental health questions after testifying that pistorius may suffer from an anxiety disorder. want to show you this video. that is a sinkhole in the end zone at austin peay university in tennessee. 40 feet deep, 50 feet wide. they've been watching it grow for weeks now. the sinkhole started out roughly the size of a desk. officials there are promising they will repair it in the fall in time for football season. san antonio spurs had no problem beating oklahoma thunder in spurs took full advantage of the shorthanded thunder.

defense really not apparent for the thunder last night. >> yeah. tough night for the thunder. definitely. from the opening tip you could tell the size, the height of san antonio was a match-up problem for oklahoma city. oklahoma city is without their big man injured with a calf injury. he's out right now. and the spurs took full advantage of his absence by scoring a staggering 66 points, down low in the paint. tim duncan who goes about 6'11" had no one to contest those long arms of his. san antonio, by the way, lost all four regular season games to oklahoma city but had no problem last night beating them by 17 points. game two will be back in san antonio on wednesday night. horse racing fans with breathe easier. california chrome will ride today. preparations for the final race of the triple crown now officially begins for this horse. of course, the trainer had threatened to keep the horse out of the dome on stakes in a

dispute over nose strips. yesterday, new york racing officials relented saying california chrome can wear the strips during the race. we're still a few weeks i way. that race is june 7th. finally, during the tigers/indians game, a fan tries to catch a souvenir but the souvenir, well, it goes right between his hands and hits him square in the face. watch this replay. i feel really bad for this guy. i think it's the lights maybe. you lose the ball in the lights. hits him square in the nose. the best part of the video, guys, is right here when this obviously embarrassed young man has to do the walk of shame with a bloodied lip back to his girlfriend. >> walk of shame. >> walk of shame. he's trying to console him. even the usher comes over to him, i know, man, are you going to be all right? >> blood? that's tough. >> by the way, the indians would win that game in the tenth with a walkoff home run. obviously a lot of people talking about that embarrassing moment. >> i would negotiate with the people sitting beside me at games, you will dive for the ball, i will cower.

>> i heard snow carter -- i heard joe carter bantering with your boy berman this morning and berman was saying a man shouldn't bring a baseball glove to a game. >> what? >> i challenge and you pretty boy floyd to catch a high fly or even a throw coming down with your bare hands. >> what's wrong with bringing a mitt? >> when you're on a date, especially, you want bring a mitt. >> you should be oh we. >> you can bring a mitt on a date? >> you are much more secure in your masculinity than that. >> and joe carter, the guys in the field wear a glove to catch the ball. why are you, a knucklehead, think you can catch it with your bare hand? >> that's the thing. >> way too brave. >> he sprinted over in the section. i feel bad. didn't get the ball. got a bloody lip and now we're putting him on tv. >> what was the best bare handed catch in the outfield by a pro baseball player let's say in the last 20 years? >> no pressure there.

>> i'll give you a hint. down the left field line. the guy was running. >> bowman. >> it was kevin mitchell raised up his hand and caught it over his shoulder bare handed and turned around and tried to throw a guy out. >> i thought you were saying a fan. a player, i remember that. >> everybody else should have a glove. i would definitely wear a glove. >> yes. that's our advice. >> i can't even catch them from little mario, my son, i catch it if i have no glove, it hurts. >> that's a personal problem. joe, thanks so much. >> thanks. >> coming up next on "new day," a very scary close call over newark airport. two planes separated really by yards and they nearly collided mida midair. what was going on at that moment? what was going on in air traffic control is another good question. our aviation experts will be here to talk about it. >> graphic is scary. coming up on "inside politics," top races could determine who runs the gop, who runs the senate. the question, can the tea party rise again? answer is ahead. [ male announcer ] there is no substitute for experience.

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4100, traffic. >> we're put ourg noses down. yeah, he was real close.

>> yeah, he was real close. that's what you heard from one of the pilots there. it was a frightening close call at one of this country's busiest airports. federal investigators say two planes nearly collided last month. one was trying to land. the other, about to take off. and the two came within some 100 feet of each other, about half the size of a football field, about -- obviously about 50 yards from each other. but this after another near miss in hawaii has many asking is this happen toog often? absolutely. one time is too often, i would say. let's discuss with mary schiavo, former inspector general, and david soucie. one flight is landing. one flight is about to take off. anything, mary, that you're hearing in the details of the conversations between air traffic control, the runways that they were using, that leads

you to understand how they were allowed to get so close? >> well, yes. i mean, i think this will be written up as an air traffic controller reporter and the controller was obviously intend that they would have more separation and perhaps anticipating that the plane taking off would get out of there a little quicker. but, you know, in this case, because both planes were under the control of air traffic control, air traffic control is obligated by federal aviation regulations to maintain the separation. so this one will be an air traffic controller reporter. >> as you're getting close -- and this is busy airspace. well all know this. especially in this touchy time. one is trying to take off, one is trying to land, david. it was described this way. when the plane was cleared for takeoff, the flight that was landing was three miles away. but when the flight actually initiated that takeoff, the flight coming in was just one mile out. what does that tell you? >> well, basically it just says, again, like mary said, air

traffic control error because there's supposed to be space in time, not just the amount of space as far as clearance but how much time. when will it take off, what is your period of time of take offer. it just tells you someone wasn't paying attention, that's for sure. >> what should have happened? what is safe enough distance? is three miles when you're initiating a takeoff, is that the safe distance, mary? >> well, it can be. it depends on the conditions. ordinarily you would expect that you would have a good enough clearan clearance. with positive air traffic control, meaning all the planes are under control, three miles an an airport should give you margin of safety. for example, if you're not at the airport and you're not under both planes under air traffic control then you're required to have much more separation than that. but they should have been able to do it, but with the busy airports, you know, the rules that the orders are very imperative. if they sago on your takeoff role you've got to but that air traffic controller has to watch

and make sure it happens. >> fortunately, we're calling this a near miss and nothing happened. that's the one thing we can take from this. let's talk about this other near -- this other near miss, this near midair near collision. whatever i'm going to say. this happened east of hawaii, david. this was -- in this case, we're hearing that both of the flights were at altitudes that were assigned by air traffic control. what's so concerning here is it wasn't until one of the plane's collision avoidance systems web off that the pilot realized something was wrong and they made an evasive maneuver. >> yeah, the collision avoidance system and airborne situation like this is imperative. it shows here that the system was designed to work and it did work in this case. now, once again, as far as air traffic control, those things are supposed to be scheduled and spaced to a time and space where that won't happen. now, next gen, we've talked about this before, starting to sound like a broken record on

nextgen but it's designed and built and will compliment this and prevent these kinds of things from happening. it allows aircraft to aircraft communications and they can maintain their own separation regardless of what air traffic is saying or doing or speending them. >> it described as one of the planes dropped 600 feet in 60 seconds. that sounds like a whole lot to me. what would that have felt like? >> wow would have been straining against your seat, you would have felt some g forces and i don't think the seat belt light was on so there were people would have been coming out of their seats. you would have felt it. but again, the statistics are there, this system has saved so many planes and so many flights and this is one of the things that has maid aviation safer but curiously some of the things on the rise are air traffic control operational errors and runway oh currents. those two things, those statistics are headed the wrong way. >> i know there's going to be no easy answer. is there a quick fix to those two problems, mary?

>> well, there is. i'm going to repeat david. it's next gen. we have to finish that system. it is years overdue, years overbudget. supposed to be done in 2010. probably not going to be done until 2025. but that should put all planes under positive control in the next gen system but to fly safely in this system you've got to have a transponder and be equipped. and that is not the law today. we don't require all planes to have them. >> as you're heading to the airport, probably not all of the advisor the stories you want to be hearing but it is the reality of flying today. mary schiavo and david souc hirks hie. dr. sanjay gupta is here and he's going to tell you what you need to know. and chelsea clinton's mother-in-law jumps in to politics run for congress. the question, have her relatives' tricks rubbed off on

her? honestly, the off-season isn't i've got a lot to do. that's why i got my surface. it's great for watching game film and drawing up plays. it's got onenote, so i can stay on top of my to-do list, which has been absolutely absurd since the big game. with skype, it's just really easy to stay in touch with the kids i work with. alright, russell you are good to go! alright, fellas. alright, russ. back to work! sea captain: there's a narratorstorm cominhe storm narrator: that whipped through the turbine which poured... surplus energy into the plant which generously lowered its price and tipped off the house which used all that energy to stay warm through the storm. chipmunk: there's a bad storm comin! narrator: the internet of everything is changing how energy works. is your network ready?"

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almost half past the hour. chaos and bloodshed in libya has put the u.s. on alert. cnn has learned preparations are under way to evacuation und hs of americans if necessary. the u.s. has doubled the number of aircraft standing by in italy in case of an evacuation order. at least four people were killed and dozens more injured after armed men stormed the country's interim parliament on sunday. a major development in the search for flight 370 and a sakery for missing passenger's families. raw satellite data they've been

demand for may soon be released. inmarsat had declined to make that information public but inmarsat and malaysian authorities now say they are working to release it. the nba has now formally charged donald sterling. the setting a june 3rd vote to decide whether he will retain ownership of the l.a. clippers. 22 of the 29 owners would need to agree to strip the team from him. terming has a week to answer the charges. his lawyer is asking for a three-month delay to prepare a response. i'm not sensing that the nba or the commissioner has patience for that. they're anxious to get this going and happening. >> it will be interesting to watch, too, because we've never seen anything like this before. it's not a trial. >> right. >> right. exactly right. all right. different kind of test, different kind of trial with the

big primaries. let's get to john king and "inside politics" on "new day." >> it's a big day. if there was a super tuesday in 2014 it is today. some big tests. effort republican establishment effort to, quote, crush the tea party. kentucky senator mitch mcconnell on the ballot today would be the republican majority leader if he can beat a tea party challenger and win the election. cnn's peter ham by and jonathan martin of the "new york times." let's start in kentucky. peter, mitch mcconnell, long time senator for kentucky versus matt bevin. we can show a picture of matt bevin. interesting race. all the more so because mitch mcconnell a few months back told "the new york times" we're going to crush the tea party and crush them everywhere. this is his personal chance to do that back home. i don't know anyone who thinks matt bev vein has a prayer. does the margin matter? is that going to be viewed as sign that on the right flank among grass roots conservatives

he has a problem? >> i don't think it's going to be close. i don't think a lot of people think it's going to be that close but it matters in the context of the general election. it is going to be a very tight general election against the democrat -- likely democrat nominee, secretary of state there. he does have to deep republican base in the fold. but, to you point, mitch mcconnell, this is personal to him. he has been laying the groundwork to beat back a tea party challenge for years. this goes back to four years ago when he reached out to rand paul and brought him into the tent. >> after rand paul beat his buddy in a primary. >> right. brought the grass t radios folks into his team. he's going to need rand paul in the general election, too, to help keep that side of the field in the fold for him. >> how much -- well, it's personal, i guess, jonathan. how personal in the sense that when peter says he laid the groundwork, he lost his best friend in the senate, senator bennett lost to a tea party challenge. senator mcconnell takes it personal because he watched them

say bye. >> he and bob bennett were very close friends. they were both appropriate raters. when bennett lost in 2010, i think it really did have a big affect on mcconnell. and it's about the future though, too, john. the fact is, he wants to demonstrate if he next year becomes majority leader that this is his majority. in 2016, these groups best not even bother with a primary challenge. he wants to snuff out this cycle once for all. >> it's interesting point about the power. hard to think in a year we think will be a big republican year. democrats are looking at maybe a dozen seats they now hold in the senate that are at risk. some republicans say it's 14 seats. if the democrats are going to pick up seats they think their beth opportunities are in kentucky and georgia, rheed states. there's a gender gap there. he's running against allison grimes. he says i can make up the gender gap by focusing on the republican, not so secret

weapon, obamacare. we don't have that sound. i'm sorry. what mitch mcconnell says, surveys indicate women object to obamacare even more than men. i think it ought to be pulled out from the root of the grass and we ought to start over. i know that's not the view of my opponent in the fall. allison grimes sought to distance herself from the president. can mitch mcconnell glue her to the obama and the plan? >> that's what he's going to try to do. mcconnell people firmly believe the environmental factors here are very tough for allison grimes in a state like kentucky. even, you know, in the east. you know, where the traditional democratic stronghold there are still a lot of cultural conservatives. president obama got creamed in that state in 2012. obama is going to talk about this. listen, the other thing complicating this is the fact that the kentucky health care exchange has been relatively successful. the governor, fell he democrat, has been out there talking about it. very popular.

bashir people and the crimes people are not exactly best pals. it's going to be a difficult line for her. >> i have a hard time, unless he runs a perfect campaign, mitch mcconnell makes a mistake, i have a hard time seeing a democrat winning kentucky in a year like but it's possible. a lot of people think this race could cost more than $100 million. kentucky is not a big state. doesn't have a huge media market. $100 million, that would be by far the most expensive congressional campaign in history. >> they do want to beat mcconnell because he probably is the ripest target for democrats in terms of a pick-up this year. i agree. the circumstances make it very hard for a democrat this year in a federal race. keep in mind democrats have not won a senate race in kentucky since forbes last re-election in 199 2. that's been a long time. mcconnell's numbers are very bad, though. he's under water. is mcconnell a campaigner 30

years in the senate that he has been over the last decades. does he still have a last ball? >> the perfect opportunity. we're going to play six degrees of bill clinton. bill clinton was running for president in 1992. soon after that he had to pass a budget in the house of representatives. the deciding vote was cast by marjorie and she lost her seat because of that vote. now continuing the six degrees game, she's chelsea clinton's mother-in-law. chelsea clinton married her son. she wants a seat back in congress. she wants a seat on the ballot today. if you live in that district, guess who called you on the phone? >> 20 years ago, it reversed trickle down economics and set our country on the longest peace time expansion in history. one that all americans participated in. that's what we got to do again. >> my apologies to kevin bacon but that but it was just

irresistible. >> she cast that vote and lost the next year. >> she cast the vote, lost the next year. and 20 years later wants to come back to congress. a lot of people if you call in that area they will tell you she's losing. is this a test of the midas touch? >> it's two things. it's a little bit of that. hillary clinton has raised money. bill clinton has cut a tv ad and robo call. there are questions at how hard she's been campaigning. she hasn't gone a lot of local grass roots events. there's a young guy, brendon boyle, who i think is probably the front-runner backed by lay were. he's a fresh face. so there's going to be a little bit of a generational aspect, too. >> talking to party regularers at a meeting and all the talk was about this young boyle, not about her. >> candidates matter, energy matters whether it's mitch mcconnell in kentucky, a new face there. let's turn back to 2016. mike pence is the conservative governor for indiana. seems to send a signal here, in

washington speaking to a conservative group. at a time when president obama says the health care plan is starting to work i think republicans are going to talk about it less. look at mike pence. >> it was a government takeover of health care. and the overly regulated top-down command and control structure the law will never allow the exchanges to operate freely as they should and, as a result, access will stay the same or get worse as costs go up. >> we know chris christie is looking at it. former governor jeb bush is looking at it. maybe scott walker out of wisconsin. mike pence starting to put out the 2016 feel. >> it depends who else is in the field because if there is someone like scott walker from wisconsin or christie, it makes a little bit tougher for him. >> peter is a nonbeliever. >> pence likes showing it. this guy loves the buzz. christie loves the buzz.

ted cruz loves the the buzz. he thought about it in 2012. he's going to be flirting with it in the media. >> if he was he would be in ft. wayne instead of washington, d.c., john. look, what's going to be fascinating the watch is how mike pence sell what's he is doing now on the affordable care act to the conservative base. he's trying to sell it as this is federal -- i'm taking federal dollars and implementing our own program while the right has -- saying that's not what it is. >> jonathan martin, peter hamby, up early. interesting races. senate primary in oregon as well. guber toial in pennsylvania. we'll be working late. see you tomorrow morning. >> looking forward to it. big day. coming up next on "new day," how do you stay safe from mers? now the illness has been contracted on u.s. soil. dr. sanjay gupta is going to be here to talk about what you really need to know.

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a whole lot of questions about how mers or middle east respiratory syndrome managed to jump from person to person in the united states. there are now three confirmed cases in our country. one patient was released from the hospital monday but this morning doctors are taking a close look at the last case. they're even seeing some signs for hope. we'll talk to dr. sanjay gupta about it all. he's at the cnn center. tell us about the latest case,

sanjay. >> keep in mind the first two patients that we talked about both had come from the arabian peninsula back to the united states. there was some suspicion already when they developed symptoms they might have mers. the third person hadn't been to the arabian peninsula, by accounts just had a couple of business meetings with one of the infected patients. so that was the concern, was it because he hadn't traveled to the arabian peninsula he must have contracted person to person within the united states. >> wow. >> that's sort of the news part of it. to your point, real quick, he did not get sick. he was found because they just started screening anybody the infected people may have come in contact with and he was found to actually have been exposed to the virus but he did not get sick. i think that may be a an important point in terms of fig urge out how the virus behaves. >> and then watching it and tracking it. you may carry it and not show symptoms but let's talk about this symptoms because i think that's what people at home are trying to figure out how they can keep an eye out for it. >> yeah.

you know, it's challenging sometimes with the types of viruses because the initial symptoms are vague. they can seem like just about anything and that's how they sometimes get missed p you talk about cold like symptoms, cough, fever as well, muscle aches that can develop. what seems to be causing problems is respiratory or lung failure and kidney failure. about 30% of those documented to have infections have died. it's usually because of those causes. >> we're coming up on a busy travel season. >> yeah. >> a lot of people are going to be getting on airplanes and buses and trains. we're around a lot of people. how can we protect ourselves, sanjay? >> well, you know, the basics do apply here. this particular case, again, where you had someone presumably shake hands just six feet away and develop, those raise some concerns. but we also know that simply wash ouing our hands regularly. it sounds silly to say but it works. make sure you don't touch your eyes, nose, and mouth throughout the day. people do this without thinking

about it all the time. that's probably how a lot of viruses gets transmitted. i want to point out if this particular gentleman, this third patient in fact had the mers virus and did not get sick, there could be many, many more patients like him out there and that could be good news. there could be a lot of people who get the virus and never get sick at all or have just minimal symptoms. >> interest that you look at it that way because i was thinking all of these people could be walking around transmitting it but you're saying at least people are not getting terrible indications with it and becoming ill with it. >> that's right. that's what this third case could signify. when this virus was likely transmitted, the person who transmitted it was sick, was having symptoms, sneezing, coughing, all that sort of stuff. the basic message here applies. if you're sick, stay home, whether it's mers or the common cold or flu or whatever it may be. if you're somebody around sick people, make sure you're not interacting with them. that's how it spreads.

>> how concerned are you, sanjay, about this? i know we've been watching it. it sounds scary. we talk about the transmission and it can kind of not be sfoted right away because the symptoms don't always show. how concerned are you as a physician? >> you know, we've been bracing for this news for some time in is a particular virus that's going to spread around the world. i covered ebile earlier this ware in this is going to continue. the numbers will increase. i do think we're probably going to find a spectrum of people, people who get infected and have no symptoms and people who suffer the consequences, even death. keep many mind the common flu kills 36,000 people a year. >> yeah. >> so put it in a little bit of context. 181, it's a very important 181 people, that's a large number. but these respiratory viruses, they can be bad players. the key is to prevent the spread of them. >> absolutely. thank you for giving us context

because that's a very important thing with -- without putting our hand on the panic button too much. sanjay gupta, appreciate it so much. important information, thank you for that. we're going to take a break here. when we come back, do men matter? specifically when it comes to reproductive rights. when should they have a say? the answer is seeming more and more like never judging by two huge cases. one involves frozen embryos, another features a hollywood star fighting to see his own son. we're going to discuss and debate, and you be the judge.

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parental rights. other than men sometimes being forced to pay, do they have any real say in the law when it comes to reproduction? two big cases in the news and raise exactly this question. in one case a man is trying to prevent an ex-girlfriend from using frozen embryos they made which together. he says he signed a consent form that requires his approval. a judge says it doesn't matter and jason patric. the california supreme court ruled patric can at least seek legal custody. the first win that's taken over a year and the case is not over. let's discuss the issue with a legal analyst and a criminal defense attorney and founding attorney of the kavinoky law firm aptly named. start with this. kavinoky, start with you. the general proposition why men should have a say in an area traditionally the courts haved they they do not?

>> here's just one more example of how the courts tend to lag behind trends that are happening in society, and there's a lot more that science can do now in this world of procreation that has historically been left to human beings to solve on their own, and so i think now we're just seeing courts confront these issues for the first time in these cases of first impression. >> mel robins, it's always been left to the woman. it's her body. she has the right to choose. the man somewhat excluded. fair? why? >> well, it's fair when you're talking about embryos, because women have a right to privacy that's well established under the law of the land to make decisions about their bodies. at least up through the first trimester, and, of course, it's state by state, but i think there's a big difference, chris, between the cases involving frozen embryos and the cases that actually involve kids that be born through in vitro fertilization. >> how so? >> well, because first of all,

an embryo still needs a woman in order to bring it to life, so to speak. and so the woman has control over the embryo in the same way that, if you get pregnant, whether you get pregnant through having sex in the back seat of a car or in your marital bedroom or using a petri dish and technology, the woman still is the vehicle, so to speak, that is going to create the child, and just like a man can't use, quote, parental rights" to then terminate a pregnancy he can't use parental rights to then terminate an embryo. >> kavinoky? >> hang on. the courts are wrestling with this issue, who owns these embryos? i don't think it's as simple, well, the woman owns them because she's got to house them in order to bring them to life. the courts have wrestled with whether this can be resolved by contract, a mutual agreement, not just at the time that the

eggs are fertilized but at the time they're actually put into use or a balancing between who's got the stronger equitable play in this, the man or the woman? and the court, at least in this illinois case, ultimately came down to is that it should be the parties who decide this in the contract they engage in with each other, and it's not just as simple as, well, we're going to give it to the woman, because she's the one that needs it and it can't exist without her. so this is a thorny area -- >> in each particular case, it is a thorny area, but in this particular case, darren, you're right. they looked at the contract and agreement and said two things, when they signed the consent, it was consent for the procedure and he was giving up any right to anything later on and they also looked at the swituation ad said this was a gal with cancer. this was her one shot. he knew going in what was happening and i tend to agree with you, darren, this should be resolved at the state when you have two adults about to go through a procedure that is

expensive. this isn't like going to get a shot at the doctor's office. takes multiple procedure, it's a lot of are money. >> let me pull us out of to get to the main thrust of what this is about. say you're married, it's perfect. any expert says this is a great man and woman couple. they're great. both of them. if the woman is pregnant and decides to terminate the pregnancy, the man has no say in the decision. no matter who he is. he could be -- >> correct. >> ozzy from ozzie and harriet. is this fair in today's day and age? >> yes, i do. >> why? >> because it's -- it's the woman's body. chris, you cannot create laws that allow somebody to decide to force someone to do a particular procedure, because they have, quote, buyers remorse, after they concede a child, and you can't also force a woman -- >> chilling effect on mel's argument. literally frozen out of the

conversation. kavinoky, make your point. >> yeah, i think what mel is talking about is, this is just a great example of the court's engaged in this balancing test and they've ultimately come down on the idea that, where there's a dispute between the man and the woman about whether or not the pregnancy should be terminated, because it's woman is the one more directly impacted by that decision, we're going to give her the right to make that particular call. although things are very, very different when we're talking about, about these rights as it relates to an actual child as we saw in jason patric's case, out in california. and there it was very different, where the mom in that particular case was trying to use this -- this legal situation, which said that -- that a sperm donor doesn't have any parental rights. she was trying to use that as a sword to keep jason patric out of the kid's life, and the, of course, the rationale behind that law is that we want to

encourage people to be able to use these sperm banks without fear that they're going to be the subject of a lawsuit, and here we had a woman that was using this in an entirely novel way, and now this is something that's going to be back to be fought out in the courts and ultimately that's the right result, too. >> kavinoky, quick sumup here. the right of a woman to control her body is winding up being extended into these new ways of baby-making that we're seeing more all the time. so for men, know this -- if you are involved in that and want to be involved with this child and have any control over the process, you're going to have to consider contracts with the mother now. nothing will be assumed for you. know that and check the law in your own state. kavinoky, thank you very much. let's get mel on the phone and let her know i didn't do that. i'm not taking the blame for that. a terrifying call. two planes came within yards of each other at one of the busiest

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key primaries across the u.s., control of the senate up for grabs. will establishment candidates survive or will the tea party surge again? near collision. a very close call at one of the nation's major airports. a landing passenger plane comes within just 50 yards of nanothe plane taking off. what went wrong? soaring with the skyscrapers. look at this amazing video. those daredevils join us live. your "new day" continues. right now. -- captions by vitac -- www.vitac.com welcome back to "new day." it is tuesday may 20th, 8:00 in the east. will voters continue to rally around the tea party? we'll find out, could find out today as blockbuster primaries play out. we are watching contests in six

states where key players in six states could find themselves lame ducks by the end of the day. >> four of the primaries feature a tea party challenger taking on an establishment republican including senate minority leader mitch mcconnell in kentucky. cnn now puts more than a dozen senate seats up for grabs in november's midterms meaning today's results could have a big impact on the balance in power in washington. >> bring in van and anna. van, host of cnn's "cross fire" and ana navarro, republican straft jit, strategist to have a conversation about this. as we're talking about this, your take. first off, anna, the big question a lot of people have, are republicans going to be able to retake the senate, as things stand today? what do you think the chances are, anna? >> as things stand today, it looks pretty good. the gentleman nair ballots look pretty good, but you don't vote on generic candidates. you vote on local candidates, local politics matters.

races are about the local politics and i think we're have to see how it develops. certainly, it looks within reach and it looks like a fairly good shot right now. >> van, bring you in. let's take a look at two recent nbc marist polls and talk about specifically kentucky. where a lot of people are watching. what's going to happen with mitch mcconnell? if you look at the first poll, him against his primary challenger, it appears he is going to make it through, 57-25. the latest polling stands there according to nbc maris, but then look at his general election challenger, mcconnell, 46 -- grimes at 45. they are neck and neck at this moment, van. mcconnell thinks, though, that he has a winning strategy, because he's running against obama and obamacare. that is a message that goes far beyond just kentucky. what are you going to do to combat that? >> well, first of all, the health care law is actually doing very well in that state. so -- here's the reality. even if under any circumstances

you say, obama, wildly popular. obamacare wildly popular everywhere. democrats are still going to have a tough call this fall for these reasons. demography. they tend to be older and whiter. geography, a lot of these states of red states we're talking about and then history. usually the second term of a president, you get to the mid-term elections you tend have to problems. three strike against the democrats, yet they're still competitive. why? because you have this problem, you look at 1998. when the opposition party gets too extreme, sometimes there's a backlash. i think right now the republicans are in danger of overshooting the runway here, talking about benghazi, all this other sort of stuff, thinking obamacare is less popular and that it is and democrats still have a shot to get through and kentucky is the best case to look at. in kentucky you've got grimes coming on strong. i think mcconnell is in deep trouble and republicans may

actually shoot themselves in the foot today by not making the right folks. >> respond to van, ana. he listed reasons democrats are in a bad position, or have, maybe, a tougher uphill battle. why, then? what does it say about the state of affairs in the state of that race specifically that in this election cycle, the top republican in the senate is facing such a problem? >> first of all, i'm not sure he's facing such a problem. listen, reports of his political death have been greatly exaggerated. we were reading about how tough his primary was going to be just a few months ago. everybody has forgotten that. >> that's true. >> this was supposed to be a very competitive primary. over $4 million spent, in kentucky market is a significant number against him and he's going to do very well today. i expect him to win by double digits in what was billed to be the death of, you know, mick mcconnell, where he was going to come out of this. if he came out of it, come out bloodied and bruised and instead

he's goinged to buoyed by a very strong victory, in likelihood. so i would tell you, do not underestimate mitch mcconnell. he is savvy, he is wily, he's a season the veteran and i think he's got his mojo back. with the tea party victories two years did, was get the candidates, the main stream candidates, ready for fights. i think two years ago they were caught by surprise. they were -- and two years later, they've all decided we're not going to get richard lugar again. this is not going to happen. we're going to fight. we're going to raise the money. we're going to do the outreach, be in our state. we're going to campaign hard. there's only one way to run. you can only run hard and i think that's what you'll see mitch mcconnell doing in the fall. >> but at what cost? i would say, ana, i'm curious, from our point of view of democrats looking at this thing, it looks like the tea party might lose some of these battles, but they've already won the war. so many of these so-called establishment republicans now have been pulled so far to the

right. you have establishment republicans now saying that they are against the min maimum wage. not against raising it, against having it. you don't hear establishment republicans pushes back on this line. in fact, they're coming up. now, listen, abolishing the minimum wage is about 3% popular anywhere except for a tea party rally. you could have a situation where the tea party candidates loses but the tea party agenda has already taken over the republican party sets us up great as democrats in november. what do you think about that? >> it's not a tea party agenda, it's about a small party and a lot think it should be decided by states, not the federal government, but -- >> poll that one. >> i also think politics, politics is a pendulum and sometimes it goes to one side, it goes to the other and slowly comes back to the center. i could tell you the same thing about democrats. listen, i'm old enough to remember blue dog democrats. i was friends with a few of them. they are an endangered species

in congress today, because moderate democrats have also disappeared from the map. >> seems what -- well, there you go, van. there you go. real quick, a take if you can sum it up quickly, ana and van what is the race you're watching that has the biggest implications because you don't think kentucky is as close as many people think, ana? >> i'll tell you the race i'm watching is heat versus indiana. >> i like that. watching the pacers as well. there you go. good job on this primary day. van, what about you? >> kentucky. it's all about kentucky. i think alison grimes is going to give mcconnell a real fit. i think that the republicans are overshooting the runway on their rhetoric on benghazi and obamacare. a pollster saying the rhetoric, abolish obamacare is sded in dee water. republicans may hand it to democrats by being too extreme. >> the message that resonates with voters -- >> that, my friend, is called wishful thinking, but you're entitled to it.

>> with a miami heat pin on today, i see it on your jacket. great to see you both. watch van moore tonight on "cross fire" 6:30 p.m. eastern right here on cnn. chris? the term near miss isn't good enough. federal investigators say two planes came literally within yards of each other. one attempting to land. the other attempting to take off. this may be the closest call yet. cnn's rene marsh is following the story from washington. who screwed up? >> that's the big question, we just don't know at this point but can tell you at the closest point these two passenger planes were half a football field apart. now the ntsb and faa is investigating who is to blame for this close collision? close calls either come down to pilot or controller error. >> yeah, he was real close, sir. >> audiorevealing tense moments between the pilot and air traffic controllers when two commercial airliners nearly

collide mid-air over newark airport last month. >> 4,100. traffic off to your right. any sight? >> the controllers directing a united airlines boeing 737 to land just seconds before a smaller express jet was cleared for takeoff on an intersecting runway. the larger jet nearly on top of the plane when controllers tell it to circle the airport. >> yeah, put the nose down -- yeah, real close. >> reporter: add its closest point, the aircraft only 50 yards away from each other. only about a half a football field. >> that express jet should have been held in essentially the ready to go position, until the 737 had cleared that cross runway and made a safe landing and then taken off. the clearance for the express jet to take off never should have been given. >> this is the second time in recent weeks united airlines has been involved in a nearly catastrophic collision. in april, a boeing 757 flying

over the pacific nearly collided with another aircraft after climbing to the altitude controllers assigned them. the aircraft forced to plunge 600 feet in seconds. >> i'm looking down the aisle, and there's, you know, hundreds of people in front of me. people start screaming. there's noises of things that weren't secured falling around. >> where the error lies in these most recent near disasters, still under investigation. >> so at the end of this all, no damage reported to either aircraft, and as far as injuries go, there were none. back to you, chris. >> i got it. thank you very much. this morning a key clue in the flight for 370. now inmarsat and malaysian officials say they will release the raw sal light data used to track the flight's path into the indian ocean. families have been demanding the information be released for months. live in koala laum pore wiuala

latest. what are you hearing, sema? >> reporter: top priority of the families of those onboard flight 370 for weeks now. that's exactly why we came down here, to really push the government for answers. both my producer and i on the phone constantly to them asking where exactly this data is, because there was confusion about that, and when they're prepared to release it. late last night kuala lumpur time, we finally got an answer. overnight malaysian officials and the british satellite company that detected flight 370's final pings vowed transparency. in a joint statement, malaysia's department of civil aviation and inmarsat say all parties are working for the release of the data communication logs and the technical description of the analysis for public consumption. while there's no set date for when this raw satellite data will be released, this marks the first attempt to make the

information publicly available. but some loved ones say, it's not enough. >> if the malaysian government truly has nothing to hide, i believe they should completely open their books, everything, not just the pieces they allowed us to hear. >> reporter: but malaysia's former prime minister now pointing the blame at boeing. in his blog, he writes, someone is hiding something. saying boeing should know something, since mr-3mh-370 was built by that airline company, and breaking his silence. >> it was dismantled already. >> reporter: and the captain's brother-in-law tells australian broadcasting companying that he was not suicidal and did not have life insurance. he also dismissed the controversy surrounding the brother's flight simulator saying it broke in 2013.

>> he did not practice extreme landings and takeoffs. >> this year? >> i don't think so. because the simulator is not working. >> reporter: and, you know, all -- there are a lot of theories and a lot of suspicions surrounding flight mh-370, of course, and all of these delays and this confusion doesn't help, but when and if we finally get this data released as has been promised to cnn and the families of those onboard mh-370, they plan to take it to an independent body far away from malaysian government officials and the current investigations here because they want to independently verify that the serve really is going on in the right place. michaela? >> an important point for the families. appreciate that. thank you so much. more of your headlines, cnn learned u.s. military is making contingency plans if it needs to evacuate hundreds of americans from libya. officials say an evacuation

order could come at any time. so the u.s. doubled the number of aircraft standing by in italy, hundreding of marines are ready to help with any quick exit from tripoli. a new strain on u.s./china relations. china firing back saying the u.s. charged five military officers with cyber spying. beijing wants the charges withdrawn and even summoned the u.s. babied u.s. ambassador to file a are toal complaint. charged with stealing trade secrets. this is going to be quite controversy. did led zeppelin rip off one of its biggest hits? being sued by the trust for randy california, the one-time leader for the band spirit. we've heard of them. accusing led zeppelin of copying the chords of "stairway to heaven" saying they're blatant and note for note. they toured together back in the '60s. be the judge. we're going to play both songs

for you at home. i want you at home and in the studio to listen. start with "spirit." ♪ >> there's the chords. right now listen to "stairway to heaven." ♪ >> then it gets different. >> well, yes, it does. >> kind of the same -- is that the same, though? >> the chord progression. here's the idea. they toured together in the '60s, two year the later --. right. >> they came out with "stairway to heaven." >> the '60s. why are re hearing about this now? >> apparently didn't have the money to sort of take legal process, et cetera and make all that happen. now the establish is fryiestate trying to settle. they want credit where it's due. it's not lost on me business week puts estimates, stairway earned at least $562 million. that's not lost on me either. >> when you sacred it -- >> that's one. what do you think. guys?

a bunch of musicians in our crew. yes? no? >> split decision. >> gary says, no? >> split decision. >> audio guy says, yes. >> james says, yes. >> well, most importantly, what do you think? tweet us, #newday. coming up on "new day," a chance to think about it. korea. returning to oklahoma. remember a year ago, moore, oklahoma leveled by a tornado. today we go back. the place is still rebuilding, still hurting. i'm going to tell you how you can help. when it's donut friday at the office

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and remembrance, especially for residents of are moo, oklahoma, as they mark one year since the catastrophic tornado that left 24 people dead there, among them seven children killed as they huddled for safety in their elementary school. this morning many of them are still trying to pick through the pieces and we were there a year ago. george howell let the coverage and is back in oklahoma this morning to see how far they've come. george? >> reporter: chris, good morning. i can tell you personally that that is a day that i will never forget. my team and i, you know, we heard the sirens blaring. we had to get to an underground shelter to just get to safety and then we got to this neighborhood and we saw homes destroyed and that school that's being rebuilt, it was all but leveled. one year later, there are signs of progress. you see homes like this that are coming up throughout the

neighborhood, but for everyone that was here on the ground that day, people remember vividly that desperate dash to get out of the way. never before seen video. >> you can hear the roar. >> yeah. it's right there. >> reporter: of a family on the run. >> that's it. it's right there. >> reporter: a monster in the rearview mirror. >> oh, my god. >> reporter: every second, every decision -- >> i'm going through the field. >> a matter of life and death. >> we're going to be good down here. >> drove south through fields, over curbs and fences to get out. >> reporter: they returned only to find that they'd lost everything. but they had a much bigger concern in mind that night. digging through debris and finding the missing, and that is when we first met. >> there was just carnage. you know -- but it had to be done. people needed to be helped. so i started rounding everybody

up. people running up and down the streets i got them hollering out, if you can hear me, call out. >> he's my hero. not only did he save our lives but i know he saved some other lives. >> reporter: the brodericks consider themselves among the lucky. slowly but surely rebuilding their home, but this community also suffered some heartbreaking loss. 24 people died that day. 7 of the dead were students, killed in inside plaza towers elementary school when the building was all but leveled. one of them, danny legg's son. >> my son christopher had a little friend down the hall that was crying, and upset about the weather, and he asked his substitute that day if he could move down the hall. she allowed him to, and he covered his little friend when the wall came down. >> the old building didn't have storm shelters. the new school that's going up

will, and you find throughout this community that new homes are being built with storm shelters in place, just as the broaddericks are planning. >> we're going to build or storm shelter here between the second and third cars. >> oh, my god. my god. don't look. don't look. >> reporter: after what this family, like many others, saw and experienced, one year ago, not being prepared for a disaster like this is no longer an option. >> i can hear the roar. >> back to a live picture here in moore, oklahoma, where the see the spot where the storm shelter will go in in this particular home and the debate here continues in this state about storm shelters. critic the say there's no excuse that it's not happening. that they're not in all schools in the state, however, governor mary fallin tells me it should be left up to communities to decide how that happens. she says it is top priority for her, but, chris, you remember what it was like being here the

day, you know, when people were going through all this debris. the debris is gone, but the feeling really remains for people who escaped and survived this storm. >> one of the worst i've seen, george, and you did a lot of important reporting then and even more important you could argue for it to be reminded of now. so thank you for doing that, and the pressure to fund the shelters, that's the thing. i mean, stick homes don't stand up to tornadoes. show you some pictures quickly so you remember what was done there. everything from the fascination of the bowling alley that disappeared. this is the hospital. see, it's still just a blank slate. they need money and help for that. the schools. they lost two schools, where those kids died in the baitsment basement of that one. they're rebuilding now. if you want to help, you can, cnn.com/impact and ways to get involved in the recovery of oklahoma. we hope you do that. >> just remembering the size of that storm, that tornado, unbelievable. coming up next on "new day,"

she was trapped in her car nearly a week, if you can believe it, and survived. now this mother of four is talking about what helped her make it through. her remarkable story of survival, coming up next. captain: this is a tip. bellman: thanks, captain obvious. captain: and here's a tip. when you save money on hotel rooms,

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it is not known if this risk is increased in copd. breo won't replace rescue inhalers for sudden copd symptoms and should not be used more than once a day. breo may increase your risk of pneumonia, thrush, osteoporosis, and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking breo. ask your doctor about b-r-e-o for copd. first prescription free at mybreo.com ♪ "first day of my life" by bright eyes ♪

you're not just looking for a house. you're looking for a place for your life to happen. time now for the five things to note for your "new day." at number one, important primary day that could change the landscape fo's fall. mitch mcconnell fighting for his

job against tea party challengers. a big victory for members of the flight 370 passengers. satellite from the missing might have could soon be released. families fighting for that data for months but inmarsat declined to make it public until now. cnn learned the pentagon has an evacuation plan in place if it needs to get americans out of libya, that as violence sweeps across the nation. officials warn libya could be close to a civil war. china is calling allegations of cyber espionage absurd and demanding an indictment against five of its military officers be withdrawn, after the u.s. charged them with trade secrets. and charging donald sterling with damping the league and its teams with racist comments. the owner are set to vote june 3rd and decide whether to strip sterling's ownership of the los angeles clippers. we do update those five things to know. go to newdaycnn.com for the

latest. chris? to a bitter custody battle pitting a birth father against the only family his daughter has ever known. the 9-year-old girl removed from her adoptive parents' home after seven years. that's the situation. they say they is pleading to come back, but a judge says she's staying put for now. david and kim are standing by, butters if, here's a look at their story. >> reporter: david and kim have been trapped in a dire adoption battle since 2009, desperately fighting to win back custody of their 9-year-old daughter sonya who they raised since she was just 1 years old. the judge ordered to her leave the only home she's known a 40-acre home in tennessee and sent to live here in omaha, nebraska, with her birth father, john mccall, a convicted criminal. in 2006 he pleaded guilty to transporting firearms and sentenced to 15 years in federal

prison. because tennessee law does not allow anyone more than ten years to have rights to a child under 8 years old, his parental rights were terminated. but before sonya's adoption was finalized, mccall's sentence was reduced to 7 1/2 years, allowing him to reverse the adoption. >> i was there the night -- >> reporter: sonya's uncle recalls that day back in january when the child was taken from her adoptive parents. >> they ripped her out of their arms, with them down on their nears begging them to not do this. >> reporter: the next day, the hatchen family received his heartbreaking phone call. >> tell me, how bad is that house? >> dirt everywhere. >> reporter: words of support fill the facebook page dedicated to bringing sonya home. david and kim join us now. i know this is a very difficult time for both of you. what has made it so difficult emotionally for you as this process is carrying out, kim?

>> it's very -- very hard on our fami family. life is -- just -- is terrible. i guess i can't -- i can't even focus. i can't imagine what sonya is going through. her mental state. i just can't. >> david, tell me about sonya. so far we only know about the case. we don't know much about her. who is she? >> sonya is a -- an extremely smart little girl, very outgoing. very energetic, very athletic. he's just a very loving little girl. she's -- plays softball and gymnastics and loves her family and her pets and her brother and she's -- she's a fabulous little girl. >> kim, what do you know about how she's doing? >> i don't. we haven't been able to talk to

sonya since january the 30th, and that was the phone call that you heard where she was begging to come get her, and the house was not clean and i -- i don't know how sonya's doing. they stopped all communication after that day with our -- with us. >> and by "they," you mean the state authorities. i've heard the call, but the audience hasn't. this is the phone call that kim said she received from sonya in her new home. take a listen. >> tell me, how bad is that house? >> dirt everywhere. it ain't even mowed. >> not even mowed. >> no clean water. >> no clean water? no drinking water. >> it's so dirty. and dirt all over it, and it's inside. it's so nasty. there's cigarettes everywhere.

>> they being nice to you? >> yeah. >> kim, i know that's difficult for you to hear. what did you tell sonya about what was going to happen and why? >> i didn't know what to -- what to tell her. i was -- obviously we was -- we didn't even know think was going to happen like this. i told her to be strong and that mommy and daddy was going to do everything we can do to -- to get her back. it was devastating. how do you tell a 9-year-old that this could -- this could happen, when she -- she obviously didn't even -- she didn't know her biological father. >> she had never met him. >> never met him. >> and we, in our minds, couldn't fathom that anything like this could ever -- ever happen. to a child.

there was no transitional plan. there was no -- you know, who in their right mind would send a 9-year-old child with a total stranger just from, come home from school, and boom, gone. total stranger. >> well, the way they did it is certainly going to be up for criticism, but, david, how do you deal with the basic idea of the law, which is that blood wins? and that a parent, a biological parent has the right to raise their own child? >> well, i know after going through all this for the last 110 days that sonya's been gone that what we've been told the laws are, but there's -- there's different interpretations of the laws and what needs to happen is, children have rights. they have rights. and sonya's constitutional rights have been ignored, and there's been laws broken, in

this case. state laws broken, and that will be -- that will come out, but children need to have rights. there's -- lots of cases, not unlike ours, that are just a tragedy, a travesty for kids. and they need a voice, and children need to have a best interest hearing every -- on any case. >> kim, the state will say, listen, the house isn't as nice. the lifestyle's not at nice, but that's how it goes sometimes, and people belong with family. that will be their case. what do you say in response, kim? >> you know, obviously, we don't think that we're better than any -- anyone, but sonya shouldn't have been treated that way. you wouldn't treat -- no one would treat an animal that way. not in this country.

and they -- sonya is not used to that lifestyle. she's just -- she wasn't. so this is devastating for her. to be ripped away from the farm, the gymnastics, the softball, the -- everything and just -- i don't know what to say. it's -- it's devastating. i just can't believe this has happened. >> we know this has become your life's purpose is righting this situation from your perspective and we're going to follow the case along the way, and, please, stay in touch with us and let us know what happens. kim, david hodgin, thank you for joining us and telling this story. >> thank you for having us on. >> thank you. now, we did reach out to john mccall, he is the birth father. he wanted to do an interview but his attorney told us this, that the parental rights involved

have never been successfully terminated as well as the department of children's services, we reached out to them and told us, "the law is clear. both parents have a right to raise their children." certainly there will be litigation on this, kate. best interest rules, but what that means under the law can often get very complicated. >> absolutely right, chris. coming up next on "new day," we are finally hearing from a colorado mom who endured an unbelievable ordeal. 's t trapped in an overturned car nearly a week and managed to survive. how? we will hear her story. not a plane, not a bird, five people flying over new york city in a wing suit. incredible pictures to show for it. two of them in their wing suits joining us to tell us what it is like to take a solo flight like that over new york city. mine was earned in korea in 1953. afghanistan, in 2009.

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we have for you a really amazing story of survival. we're hearing from that colorado mother of four who spent about a week trapped in her car after an accident that cost her her feet. but she says, dying was never an option. >> i tried to crawl forward out of it and i couldn't get out, and then i tried to go backwards out of it, and i still couldn't get out. >> speaking out for the first time, kristin hopkins describes the horror she endured trapped in this mangled vehicle for almost a week. >> i remember waking up. it was daylight, and i was,

like, what the heck happened? >> hopkins says she only has flashes of memories from her ordeal telling cnn affiliate kusa in denver she doesn't remember what caused her to roll town a steep embankment and land upside-down on the roof. >> the next thing i know i was in the hospital being warmed up. >> after the krocrash, only hadr four children on her mind. >> the first day or so, oh, my god. i've got to pick up my kids. and i couldn't find my phone or anything to text or call, i was like, oh, my god. i've got to go pick up my kids. >> another of the few vague messages she remembers, writing help messages on a red and white umbrel umbrella. >> the one door, i could open, like this much, and i got the umbrella out and i opened it, and it stayed there. >> hopkins was finally rescued

after a passing motorist spotted her car at the bottom of a ravine. she had have vived, but not unscathed. both her feet had to be amputated. hopkins says through it all she never lost hope. >> i never had the death thought in my head. it was more or less, all right. when will somebody find me? >> kristin says that keeping a positive attitude and keeping her children as her main focus, that's what's helping her get through the painful physical therapy sessions and oftentimes people say how can we help? remember, a single mother of four. they've set up a kristin hopkins recovery page on facebook. i'll make sure to link to it on mine. that's going to be a struggle. a struggle. >> you talk about, thinking of her kids, a positive attitude. that is definitely what kept her alive, too. >> amazing. >> absolutely amazing. an amazing woman. coming up next on "new day." taking flight. seriously. a group of high fliers soared through the skies over the big

apple and they're here, a couple of them, to tell us all about this exhilarating, terrifies adventure. >> spread your wings, be free! c'mon, you want heartburn? when your favorite food starts a fight, fight back fast, with tums. heartburn relief that neutralizes acid on contact. and goes to work in seconds. ♪ tum, tum tum tum... tums!

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through the southern tip of manhattan sunday around 8:00 a.m., you might have seen this -- five people just flying over manhattan in wing suits, five red bull wing suit fliers soaring over the southern tip of the island. 120 miles per hour. quite amazing individual joe. an amazing sight to see. the daredevils flew two miles in two minutes passing the world trade center and landing on a barge in the hudson river. two have landed in our studio. jeff and amy, both of wing suit athletes and part of their red bull air force. good to have you here. >> great to watch that over and over again. how did that feel? amy, tell us, how did it feel? >> to jump over new york felt absolutely amazing. it was such a beautiful morning and the buildings were shining, and jersey on one side, new york on the other. felt awesome. >> jeff, both of you are, sounds like all five of you, have ties to manhattan. must have been extra special? >> yeah. it really was.

i'd been looking forward to doing this two, three year, talking about this. it was like a dream come true to finally make it happen. >> what were you doing, exactly? this suit, is it like controlled falling the entire time at a certain rate of speed? >> yeah. you have a lot of control with these. you can control your angle. go steep. you can flatten out. you can control your speed, too. so you can go faster or slower. >> amy, stand up, and you can maybe show us -- we're all mystified by these suits. look at this thing. you do look a bit like a bat. don't you? >> yeah. >> flying squirrel. >> kind of like a kite, for lack of a better term? >> yeah. it's a human kite. >> how did you figure it out. >> four sure. >> how was the testing done to figure out -- >> good point. >> when there's enough? >> i feel there's little room for error in your flight path you decided to take. that was one shot? right? >> that was it. >> we practiced, at upstate new york called the rank a eed the saturday, our line, and did math

how to put it over the city. we only had one shot. so -- >> you can have a seat. >> thank you. >> when you say "practice." we were talking about that. kate was saying, there's no margin for error. when first starting out, how do you do that? it doesn't seem like something you want with training wheels on? >> you start out learning skydiving. learn how to go tandem, then free falling. acquire 100 jumps and then can move on to wing suits. >> what did you see? >> hmm, that view. >> laguardia, jfk, whatever, what did you see from your perspective? what surprised you? >> for me, my focus was my wing man to the left. so pretty much i saw him most of the time, but i could see -- i could iman h see manhattan and freedom tower. oh, my god. it's the freedom tower, and then you could see jersey but mostly breathing and focusing on -- >> why focus on jersey when

flying over manhattan. >> that was my slot. >> like, the next jumps you guys have scheduled, mile pale in comparison. this was pretty cool. >> this one tops it. i was kind of thinking the same thing. i have cool jumps set up over the summer, too, but this was probably the -- number one. >> sitting around in a suit saying, i'm going to jump out of a plane and this is all i have on? >> we wear parachute cells. >> just in case -- >> oh, no. you have to. >> and that's not an easy argument. >> the hardest part. >> yeah. definitely challenging landing on that small barge in the water. >> like sullenberger. >> right. >> any major -- what were the limitations you were dealing with? airspace around manhattan is very restrictive? >> permission from the faa and the city. >> a lot of planning. >> it took months. >> jeff, amy, your parents are very patient people.

must think you're crazy. thanks for coming in and bringing the suits. this was really fascinating. >> our pleasure. >> live out of the studio. >> since captain sully. >> how do you follow that? >> good stuff. good luck going forward. >> keep us posted. >> thank you for giving us a little taste of the thrill action. good stuff. when we come back, even more stuff. cars coming at these two kids out of control. what does this teen do? doesn't think twice. saves his friend. amazing story, straight ahead. c'mon, you want heartburn? when your favorite food starts a fight, fight back fast, with tums. heartburn relief that neutralizes acid on contact. and goes to work in seconds. ♪ tum, tum tum tum... tums! honestly, the off-season isn't i've got a lot to do. that's why i got my surface. it's great for watching game film and drawing up plays. it's got onenote, so i can stay on top of my to-do list,

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this is a good one. we haven't told you one like this before. 15-year-old cameron, did a very brave thing. walking with his friend ellie to meet buddies and a truck comes out of nowhere. >> uk walking on the side with cars being a gentleman, and he grabbed your arm? >> grabbed me arm and pushed me when the car was coming. >> a gentleman and then some. saved. the truck hits cameron head-on. banged up. broken bone, compressed spine but expected to be okay. like so many people we introduce you to who are heroes he doesn't

think he is one. >> i don't think i should be a hero. i just help add friend in need. >> strong. >> turns out cameron might have an ulterior motive here. you see, the nurses noticed when ellie came to visit, the heartrate -- went up. >> also because the doctor was playing with my leg. okay? i think it's a pretty strong bond now. >> and he's going to be my best friend for the rest of my life. >> isn't that nice? >> now, not so nice. the driver of the truck, charged with dui. hmm. >> good stuff, though. >> amazing. amazing. >> instinct. >> how it should be. >> so strong. >> a gentleman to his core. >> absolutely. >> another dose of the good stuff before we let you go. seems we're dealing with a bit of a baby boom, folks, here on "new day." the "new day" family getting bigger by the day. another baby announcement. just have to take a moment to congratulate our technical program manager, dan rafael scalley, born, strong name.

late last night and very healthy. 8 pounds, 11 ounces. hope you're feeling very well today. congratulations, you guys. >> good head shape. good hair. good cheeks. >> good head shape? >> purp adoe adorable. >> i have a weird head shape. still do. over to carol costello. >> what's in the water up there? >> i don't know, carol. don't come to new york. >> i know! the sunset baby, made me hurt. thanks to all of you. have a great day. "newsroom" starts now. -- captions by vitac -- www.vitac.com good morning. i'm carol costello. thank you so much for joining me primary care. is the tea party staggering into today's elections? voters heading to the polls in six states and big stakes for all the rest of us come november. i think this is the opening act tohe