separated. we have the very latest. not so happy, the video that went viral across the world, young iranians dancing to "happy" has landed them in jail, forced to apologize on state tv. farrell is now weighing in. your "new day" starts right now. -- captions by vitac -- www.vitac.com good morning, welcome to "new day." a huge night in politics. voters in six states have spoken and issued a stern rebuke to the tea party. we'll break it down for you. establishment republicans came out on top in all the primary races. most notably kentucky where senate minority leader mitch mcconnell easily beat back a challenge from matt bevin. mcconnell will face a tough challenge in the fall. kentucky secretary of state allison lundergan grimes

winning. >> my opponent is in this race because barack obama and harry reid want her to be in this race. a vote for my opponent is a vote for obamacare. and president who sold it to us on a mountain of lies. >> together we will take this fight to mitch mcconnell and hold him accountable for his 30 years of failed leadership. >> the far right also coming up short in the deep south. cnn projects businessman david purdue and congressman jack kingston is heading to a july runoff for a senate nomination in georgia. both are considered more moderate, more mainstream than their other opponents. the winner of the runoff will then face michelle nunn in november. cnn projects the daughter of former senator sam nunn cruising to her spot on the democratic ticket. >> in georgia, grandson of jimmy carter, is the projected winner of the democratic primary for

governor. he will take on incumbent nathan deal in november. >> and in organ, cnn projects neurosurgeon monica wehby to win the republican senate primary. she's come under fire for allegations of harassing her eksz husband may be a problem for her as she heads for november. she's looking to unseat democrat senator jeff americaly. it's one of several seats the gop has an eye on. >> another one of those seats is in arkansas where incumbent mark pryor will have to defend his seat against congressman tom cotton. both ran unopposed in their primarys. in pennsylvania a former congresswoman came up short in her bid to re-enter the house despite backing from the clintons. marjorie margolies lost her bid to state legislature brandon boyle. not a surprise politically but impressive because the clintons were involved and she still

lost. >> tom wolf topped allison swart schwartz in the democratic primary. he will take on tom corbett in november. >> what does it all mean with the senate hanging in the balance in this big internal conflict within the republican party? let's dig in deeper with cnn political analyst and editor in chief of "the daily beast" jon avalon and we haveder to value director of the national journal, mr. ron brownstein. so avalon, having you here right next to me, the lefties wanted to party to be tea soaked but the grand old party comes back. the establishment, you could say, strikes back. >> tea party shut out last night. it is a big deal, for a party that's been in the midst of a civil war with a me party w winning a lot of primary fights. looks like there's a learning curve in place because the tea party democrats, easier to paint them to the extreme, not shut out last night. strong night for mainstream gop

candidates. a lot of republicans are are breathing a sigh of relief. >> ron, what is different this time around? what is different about the climate? what is different about maybe the money game that is so different this primary versus the last two elections? >> yeah, one thing that's different is what johnal lieued alluded to, learned experience. they could in 2010 and 2012. that seems to be having some affect on primary voters but the bigger factor is the institutional support. there is an "empire strikes back" here moment here. i wouldn't call these candidates moderates but they're more prague pramatic. there san institutional push back against the tea party that was not there before. >> let's take a little bit of a closer rook at the kentucky race because really had everything you wanted to see. you saw what the message will be coming out of mcconnell.

it was successful. you also saw the proliferation of money used over outside groups. over a million dollars to attack him and still lost. what do you think of that message? >> the amount of money flowed into these low turnout primaries is extraordinary. >> and not from campaigns, from outside. >> from outside groups, special interest groups, super pacs and other organizations. it was directed against republicans, not democrats. a lot of sore feelings here. ultimately mitch mcconnell's institutional support, senate minority leader, made him brush past bevin. for all the tea party support directed at mitch mcconnell, he was able to survive it. but he survived it by moving to the right and adopting rand paul campaign's manager as he won. the question about whether they won the war because they influenced mainstream government republicans right on key issues. >> i want to get your take on that as well, ron.

we're hearing that yesterday before the results coming out from democrats who were saying that this isn't necessarily taming of the tea party. freedom worse were quoted this morning saying we sometimes lose battles but we are winning the war. they are all running on our issues. what do you think? >> i think that's generally true. the republican party is consolidating. the tea party accelerated. you're seeing on issues a sign of consolidation moving right. there's a difference in temper and tone and governing strategy. many of the tea party winners in the past view, compromise, in essence as capitulation. and you are, i think, seeing candidates come forward more willing to make a deal in the end who recognize the value of governing. it's a subtle difference but it's a real difference. >> do you think we're giving the tea party too much credit because this idea that both their houses, everybody should lose but you don't get anything

done. that never really happens. one side plays to advantage. doesn't it make sense that republicans would kind of come to their own senses of saying let's go after the administration. that's not me capitulating to the tea party if i'm a republican, that is me saying i have to attack the administration. >> sure, look. the general election begins now. at the end of the day as much as the folks invested in the gop civil war from the far right wanted to beat the establishment republicans they want to beat democrats and president obama more. it will be full throated. but what i think is significant is something that ron was hinting to here as well which is that the whole playing field as moved so significantly to the right. the question is what policy positions have you committed yourself to. if the mainstream candidates are saying they're not going to vote to ratify mitch mcconnell to minority leader as the case may be, there are some deep thought lines they committed themsz to. this fight is long from over. the idea that we're simply

turning the page, there's a lot of bad blood right now. >> strong conservative influences, especially in the house. we know the leadership has had to work with and they've had problems working with in the past. that still remains when they head back, when they're back in session no matter how this really turns out barring what happens in the senate, of course. but let's talk about this reunification real quick, ron, to get your final take. especially in kentucky. such a good example. after mcconnell so soundly beat bevin, what are the chances do you think that republicans really -- bevin supporterses are going to support mitch mcconnell, how important is for mitch mcconnell when he heads into this challenge with grimes? >> i feel in modern politics what unifies each party is more stopping the other than necessarily rallying behind their candidate. that's still there. think about what's happening here. the republicans are by and large getting the candidates they want to expand the playing field on the one hand and to places that weren't originally on the target list for the senate and also to make it tougher for democrats in

turn to expand the playing field. q kentucky and georgia, both tough seats for democrats. now tougher to do that. you still have the core of this year, kate, democrats hold seven senate seats in states who voted for mitt romney in 2012. tough to defend. five or six democrat leading states they have to defend. add to that kentucky and georgia is where they hope to put a few republican seats out of play. that's a tough table when obama is looking at 33% approval rating in kentucky. in 2010 he was under 47% and democrats lost 13 of those. that isn't to say allison lundergan grimes can't win but there's a real headwind there. >> a week is a long time in politics. the this is we've election in the making, a lot of time to fight this out. democrats in the fast are doing nearly as badly as you might expect given the local environment. >> you can beat the tea party as

a republican by bashing obama effectively. you cannot win in a general election on the basis of obamacare, how will you fix it will be a big question. >> all politics is local. >> mr. avlon, great to have you both. that's the republican side of the equation. the democrats, they have their own problems. president obama and the department of veterans affairs specifically are both under fire this morning for the growing scandal. 26 va facilities are now under investigation for allegedly covering up long potentially fatal wait times for patients. and the president is dispatching a top aide to phoenix where cnn first reported dozens of veterans died after waiting months to be seen by a doctor. let's get the latest on this. bring in white house correspondent michelle kosinski. what is going on in terms of how they think they can fix this? >> this morning the embattled secretary of the va eric shinseki will meet with the president here at the white house and the investigation is

ballooning along with the details. pretty stunning details of what was going on. these alleged secret waiting lists that made it seem like vets were getting timely care. the va's inspector general this morning is investigating practices at 26 va facilities around the country. last week it was ten. top white house adviser is heading today to foengs where the scandal really broke, reported by cnn's drew griffin. under the microscope now, why there were waiting lists at some va hospitals kept on paper, not entered into computer systems. how wide spread and longstanding this cooking of the books might have been, how it started, and how it afted the american soldiers under the va's care, like 71-year-old thomas brooen who went to the here. he was told he needed to see a doctor urgently, within a week. >> they call me december 6th. he's head already. i said, really, you're a little too late, sweetheart. and i was yelling at her. >> reporter: turns out he had

stage iv bladder cancer, undiagnosed. we know that the va itself knew of some problems with delays and waiting lists for at least six years now. keeping issues going back a decade. in 2010 va memo called for immediate action to identify and eliminate inappropriate scheduling practices, sometimes referred to as gaming strategies. this is not patient-centered care. the memo specifically bans using paper logs for appointments. again, this was four years ago. now being held by some at least partly accountable, the white house, which staunchly stands by its actions to increase funding and resources for veterans in the face of problems that clearly started long before president obama took office. >> no, this is not a new issue for the president. >> reporter: critics in the house this week is bringing in the bill to give the head of the va more power to fire managers calling this scandal a mess. >> it is time for our president to come forward and take responsibility for this and do

the right thing thing by these veterans and begin to show that he actually cares about getting it straight. >> reporter: there have been many questions, whys hasn't the president come out and said something publicly about this? when will we hear from the president? the white house is saying that soon president obama will address this issue as we head into memorial day weekend. michaela? >> won't be soon enough for the veterans awaiting care. let's look at more of your headlines. the obama administration is set to release a potentially explosive secret memo explaining its rationale for targeting u.s. citizens in terror operations abroad. under intense pressure the justice department has decided to comply with the court order to release the memo which authorized the killing of radical muslim cleric anwar al awacky in yemen in 2011. it will go through a red action before a release. a stream of al qaeda threats with potential targets in the u.s. and western europe. cnn has learned intelligence

officials are seeking -- seeing rather, an uptick in the threat stream over the past six months. although none of the threats have been corroborated. officials say they suggest operational activity but so far there's no sign that al qaeda cells are operating inside the u.s. a federal judge has struck down pennsylvania's ban on same-sex marriage. the state will begin taking applications for licenses immediately. the judge added a personal touch to his decision saying, quote, we are better people than what these laws represent. in idaho, however, same-sex weddings will have to wait. the courts overturned the state's gay marriage ban but the governor and attorney general asked for and received a stay while an appeal is beinging fast tracked. those are your headlines at this hour. let's talk about the weekend. we're allowed to official wily, it's wednesday. those are the rules, come on. >> you're total tally fine. i'm going to say the weekend looks good. before that, not so much. that's fine, right, as long as we know what we have to look

forward to. right now, severe weather. that's going to be the story again, especially if you're flying out to chicago o'hare or denver. we're still going to talk about the threat. d.c. and back through st. louis and denver to just west of wichita. you're going to see the heavy thunderstorms today. easy to see. check out the map. the two systems making their way through already seeing lightning out there but notice what you're looking out here in the southern plains. this is huge, guys. they have had this horrible drought conditions, exceptional drought conditions and finally they have been waiting. they are going to be seeing the rain they do need several inches of rain will be out there. but they're not the only ones. also in the northeast, midwest today. spreading into the northeast. all of the way in through friday evening. we are going to be talking about the threat for some of that rain. but you also have that severe weather threat. still talking about the warm, humid air. everything is coming together, bringing that threat high for severe thunderstorms out there today. look at all the lightning you're seeing around the lakes and the

morning hours. chicago, right now, keep in that mind we could start to see delays in that region. here we go. towards the weekend. finally ending on the good stuff. the sunshine is going to be out by saturday, northeast and down into the southeast, of course, it's hot and muggy down there. it is dry and everyone wants to go outside on memorial day weekend. it's looking good. >> look at the temperatures down south. >> it is a little hot but it's dry. >> stay with the temperatures. >> barbecue weather, right? >> always. >> i could barbecue even -- sx. >> in the rain? even if it's dark and i would say down in the 50s. >> you're the master chef. >> no, we just shove mious out there, it will be fib. >> barbecuing in the rain stinks. >> when you're doing it. that way you get to eat it. >> big weekend. you can enjoy it no matter what the weather is. that's my prediction. not prediction. you're going to get a chance to take a sip of coffee and do what you have to do right now because we're going to take a break.

just when you can't get any more curious. malaysian officials once again promising to finally release the raw satellite data that was the basis for the search of flight 370 and the basis for so much of the complaints from the families. but when will they actually do that? and then the bigger question is, how will it help the search? we'll break it down for you. new allegations, did donald sterling try to cover up the scandal that could cost him his nba team. find out what he allegedly asked his mistress to do after the news broke. avo: waves don't care what age you are.

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my confidence level is high. we know we're doing the right thing, and i know i have the owners behind me. >> nba commissioner adam silver, that's who that is. he's speaking out for first time since banning donald sterling for life from the nba. silver also addressed a new bombshell. listen to this. the l.a. times is report that sterling allegedly asked girlfriend v. stiviano to lie to league investigators about his infamous racist rant to say it wasn't his voice and that the recording was manipulated somehow. silver also slammed the door on sterling's request for more time. he does have until next tuesday

to appeal the charges. some perspective. let's bring in mel robbins and malik rose, two-time nba champ, game analyst for comcast sports champ philadelphia. first, me robbins. the righteousness of the allegations from the l.a. times. do you believe there's a legitimate basis of credibility for these allegations that he tried to get -- sterling tried to get v. stiviano to manipulate evidence? >> i do. it seems like it's right in line with the character of his behavior in the past. it's interesting is that they will bring this before the owners, chris, but they don't use the federal rules of evidence so they can kind of consider things and give eight different weight than they would in the court of law. >> they say the rules of evidence will apply but loosely. >> yes. >> whatever that means. i don't know how rules apply if they don't actually apply strictly. malik rose, so looking at the list of charges, you see them leaning very heavily on the v. stiviano tape, let's just call it that for lack of a better

phrase. no mention of the cnn interview and not just to be self-serving but were you surprised that they didn't use that as part of the charges when he actually went further, you could argue, than he did in his v. stiviano tape in terms of saying things to the league brand? >> the ruleses are going to be loosely applied but either interview is just as damning to the nba brand which is basically the primary reason mr. sterling is being outed. that interview with v. stiviano was so damning to the league and revenue making capabilities that the league and its owners have no real choice but to get rid of him moving forward. >> any legitimacy to the push back by sterling's attorneys that this process is unfair, you're not giving us any time, you're making all of these charges up fundamentally because there's nothing about this situation in the constitution

and this is basically a race towards a kangaroo court. >> right. that's the only thing they canning or right now, chris. and at this point when of the things that's interesting about adam silver's strategy is that because this is so unprecedented, he is not going to waiver at all from the plan that is laid out in the constitution in terms of the procedure because if he does, it opens up the door for them to say that the process isn't the right process. if adam silver continues to say what he's been saying, which is, hey, we are going to move, we're going to follow the letter of the law that every single owner signed, then donald sterling has a much weaker case. but you know, i think you're hinting at this. i wouldn't be surprised if you see donald sterling file a lawsuit between now and tuesday basically arguing breach of contract, breach of due process, and trying to seek an injunction on these proceedings and try to tangle it up that way. but ultimately i don't think it's going to be successful. >> you think that the contract is clear? >> yes, very clear, and that he

sibed it and that he's known the rules of the game, so to speak. i also think the allegations that are really damning are the ones where he's covering things up, where the tape was given allegedly to roser who was, you know, part of the franchise three weeks prior to it going public, that they released a press statement that made misleading statements that said that that wasn't necessarily him on the tape. so he's in a whole lot of hot water. and i lrsz wouldn't be surprised if even though they don't mention anderson's interview that they play it for the owners or play highlights of it during the proceedings. >> malik, we often say in the criminal justice game it's not the crime, it's the cover-up that gets you because it shows you the intent to deceive and all the things that people try to get away from. the commissioner spoke to something else last night. we said from the beginning, malik, and you said it as eloquently more so than anybody else, this is bigger than the game. do we have time to play the sound from the commissioner about what he said about race

and what this means. >> it's beyond anger. it's sort of what i said earlier, there's a certain sad, and you feel it. it's almost a malaise around the league. that's what i sensed when i first met with the clippers. it was something deeper than anger. we're not a post-racial society. but at least within the boundaries of my authority, you know, i feel an obligation to protect the people who are twhn league. >> what does that mean, to hear that from the commissioner, malik, and what do you think the larger point is that just has to be made strongly here? >> man, coming from my point of view i've always -- when we served with the union, the relationship between the players and the commissioner has always been kind of like an adversarial one. for players to now hear the new commissioner, commissioner silver, come out in such strong support of, you know, attacking these statements and any type of racial discrimination has got to be encouraging and, you know, galvanizing and just uplifts the

players. we already talked about how in the nba the vast majority of the players are african-american and to hear a commissioner, a man of power who represents the owners come out and speak to eloquently and so forcefully against racial discrimination and the same thing that has brought down not just african-american players in the nba but the african-american culture in this country alone. it was really, really encouraging and refreshing for me to hear that. and i think it spoke volumes to -- >> malik rose being silenced by the powers of the media. no, we lost his satellite signal. he is making the best point we've heard. he's back. malik, finish your point so they don't think it was a chilling affect on your free speech. >> yeah, the man cut me off. no, it was just -- it was just -- it's got to be encouraging and refreshing to nba players, especially the african-american players. but just to have a commissioner that identifies and are sensitive to the racial injustice that still goes on in

this country and he puts his best foot forward to attack it. i mean, it's really, really a great thing for commissioner adam silver. >> and a league where often the conflict is about money, he is putting morality above that and saying this is the right thing to do. it will be interesting to see because now there's pressure to do the right thing. boy, i tell you, malik got cut off today. you got cut off the other day. i moderating both situations. doesn't look good for the kid out of queens. this is an interesting situation that is shaping up. we'll follow it. thank you. let's take this very different aspect of it, miami heat turned up the intensity to even up the series with the pacers l.a. night. i'll say it, unfortunately. joe carter has more in the bleacher report. what's the deal? >> i like where your pacers are at, kate. >> good. >> this is good. this series tied 1-1 is where it should be. it been intense as well if you've been watching. last night, fourth quarter pacers paul george said he blacked out for a moment on this

play. you will see in the replay dwyane wade's knee lands right in the back of his head. george did say in the game but said he felt dizzy the rest of the night. there were 21 lead changes but in the fourth quarter it was all lebron and dwain wayane wade. the heat tie up the series 1-1 with an 87-83 win. the next two are in miami. for the second straight year cleveland will have the number one pick in the upcoming nba draft. shocking part here, the cavs had a 1.7% chance of draw that first pick. milwaukee who finished with the worse record in the nba picked second. 76ers who tied the longest losing streak in the nba this season picked third. all right. this was one of several celebrations going on in minnesota yesterday. the nfl announced that minnesota

will be the host site for the 2018 super bowl. why? you're looking at it. the vikings are building a $1 billion stadium that should be ready in 2016. now, to get the super bowl they beat out indianapolis and new orleans for the right to host the most watched event on television. now, coming into this, guys, new orleans was 10 for 10 on super bowl bids but obviously they had trouble with the lights last time so maybe that had something to do with it. indianapolis scored the highest overall super bowl experience rating ever, but of course they just hosted a super bowl a couple years ago. so minnesota build that $1 billion beautiful looks like an ice arena, ice stadium, will get the super bowl in 2018. >> indoor stadium, right? >> yes. you do not have to worry. it has the largest windows in the world. when it's nice outside they will be able to open it up. the ceiling is glass so the sun will will shine in. beautiful stadium. >> very cool. >> joe carter there, turning architect on us.

>> joe, thanks. coming up next on "new day," after weeks of waiting families are about to see the raw satellite data that has been so central to the search for flight 370. will there be any bombshells when it's finally made public and what will be made public? we're going to dig deeper with richard quest. happiness under assault in iran. these dancers were arrested for this video. you will never believe why. you will probably believe it, but it's sad. unlimited cash back. let that phrase sit with you for a second. unlimited. as in, no limits on your hard-earned cash back. as in no more dealing with those rotating categories. the quicksilver card from capital one.

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35 minutes past the hour. here's a look at your headlines. the tea party comes up empty in primaries around the country. senate minority leader mitch mcconnell led the republican charge easily beating his challenger. he gears up for a tough fight this fall to keep his seat. more conservative republicans lost senate primary in oregon. house primary in idaho and were shot out of a runoff for a georgia senate seat. support from the clintons could not help marjorie margolies claim her house seat. she fell short in her pennsylvania primary. the scandal at veterans

affairs in widening. president obama will meet later this morning with va secretary eric shin scheck i can. 26 va facilities investigated for koring up potentially deadly wait times for patients. the white house is also sending top aide rob neighbors to phoenix tonight. cnn reported dozens of veterans at the va hospital there may have died while waiting months to be seen by a doctor. supreme court justice samuel alito granted a stay of execution for a missouri unmate. attorneys for russell buckloo argued a rare birth defect would have made his lethal injection excruciating p. he was scheduled to die at midnight. the stay remains in place spending an appeals court hearing. that's a look at your headlines. kate, over to you. new developments in the search for flight 370. malaysian officials and the satellite company inmarsat are finally plan to release the raw satellite data to the public.

this is the data a has been so central in determining the possible flight path and current search area for the plane. family members of the missing passengers have really been demanding this information since the beginning to allow for independent analysis, in their mind. when will the data be leased and what will it show to the untrained eye. richard joining us from london this morning. richard, this has been discussed for a very long time, has been pushed for. inmarsat has said they essentially have 14 data points, which is relatively little, that they were able to get, and they will all be releasing it. what is it going to look like? is the public going to be able to read into it? >> well, the data points are 14 lines in hundreds of lines of communications between the plane and the satellite. what inmarsat is doing and what the malaysians are doing,

they've extracted the crucial parts of the data, those that show what the plane was doing and why and where. and then they are going to put it into a package that will explain the various, if you like, theories, the sort of assumptions is perhaps the best word, the scientific and physical assumptions that they used to then work out the route of the plane. for those who actually want to know the nuts and bolts of the numbers, that will be included. so if you want to know the frequency, if you want to know the offset, if you want to know the actual time, the burst, that will be there. but if you want some explanation as well about how and why and the methods by which inmarsat came to the data they will also include that. >> richard, you know, the point of all of this, the point that the families have been making and outside experts have been making is the hope or the

possibility that by having more eyes on the data they could point out, they could discover errors or point out additional clues that may have not been pinpointed through the original analysis. do you think that is a possibility once this is released to the public? >> oh, well, is it a possibility? absolutely. you know, if you put something like this out into the world, you end up with hundreds of thousands, thousands of people all having ago at it. the other side of that coin, of course, kate, is that every lunatic and every crazy that wants to have ago, anybody who thinks that they want to be amateur sleuth, any amateur physicist anywhere in the world also gets involved. and the danger then is you create false hope, you create false information, you start to give the families the wrong idea. you need to remember, this isn't one man's calculations on the back of an envelope that was

done on a lazy tuesday afternoon. this is being done many times over many people through different institutions and has been peer reviewed by satellite companies and academics. so putting it together, is there the possibility that somebody finds something new? yes. is it likely? i suspect not. >> richard quest, we are waiting for that release. you are standing by for much needed analysis when that happens. richard, great to see you. thank you so much. chris? >>. all right. let's take a break here on "new day." i ask you, do you see anything vulgar taking place in this video? iranian police do. they arrested the people in it. we're going to tell you what is being done to get them out. ♪ you have time to shop for car insurance today? yeah. i heard about progressive's "name your price" tool? i guess you can tell them how much you want to pay and it gives you a range of options to choose from. huh? i'm looking at it right now.

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#diplomacyinthearabworld. now farrell williams himself is weighing in. let's bring in resa live in cairo. what is the take on why this is happening? >> at this point the tehran police chief has come out and said this was vulgar behavior and this group didn't have a permit to shoot a music video. technically in iran if you want to shoot a music video, shoot a film or even a television report you need to have a permit. apparently they didn't. but the big issue here is the singing and dancing. and when it comes to singing and dancing in iran the laws are harsh but they're also vague and sometimes not written. but generally speaking men and women cannot sing and dance among one another. there are some instances where men can dance with one another within their communities and women sing to other women, but not among the sexes and that seems to be the issue here.

farrell himself chiming in on the case, writing on his facebook page that it's beyond sad that these iranians have been detained for doing a "happy" video. >> it's about farrell's song but it's really not about how he's going to respond. it's going to be about how people in iran respond and how the government reacts to that reaction. what is the word in terms of what this social reaction is to this arrest? >> well, if you look at social media there is wide spread outrage from within iran and there's certainly international outrage and pressure. but it's not clear how that international pressure and this reaction is going to impact this case. you can easily argue that it's going to hurt their case because iranian authorities, the last thing they want to be viewed as is giving in to western and international pressure and what they deem as unislamic values. at the same time, the iranian leadership is on a pr campaign, a good will campaign, that make these important nuclear talks.

they don't want bad pr and this certainly looks like bad pr. seemingly they would want to get rid of it but it's not clear where this is going to go. >> it's also fighting. i would be interested to know if this was a little bit of the right hand not knowing what the left hand was doing with these arrests. here's why. the president has had tweets attributed to him that he thinks free expression is a good thing, it should be explored, the internet should be explored. and then this happens, it seems to contradict him. he can't like that. >> chris, this really drives home the conflict that's taking place in iran between moderates and the hard liners. indeed, the president has come out and seemingly pressed for most -- more social freedoms, the easing of restrictions, the morality police that was roaming the streets is no longer in iran. he's push for more internet access. however, you still have the hard liners in iran who deem all this activity as an invitation to

what they see as unislamic and immoral behavior. >> this is a challenge for a president who says he wants to make change, it may not seem that big a moment politically but perhaps it is. it's got international attention and it's the first reel example where he will be put to the test about what he is going to make a priority, the past or future. reza, thank you so much. let us know the word from the ground as it develops. coming up next on "new day," a massive recall ground beef that could soon turn nationwide. some of the contaminated meat may have made it into stores. what you need to know to protect yourself and your families. dr. sanjay gupta will be here to discuss.

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new concerns this morning about potentially tainted meat. 1.8 million pounds of ground beef were recalled this week. investigator stays meat were stoent distribution centers nationwide. it could very well be on store shelves right now. the beef is being recalled over fears it may contain deadly e. coli bacteria. 11 people have been sickened in four states. want to bring in dr. sanjay gupta who is at the cnn center with more. good morning, dr. gupta. let's talk about this expanded recall. that's going to raise flags. what does it mean? >> what's interesting here is that it's a lot of beef, first of all, as you point out, 1.8 million pounds of ground beef. it's still 11 people sickened in four states. none of that has changed. it's more the scope of this investigation has changed. they're saying look, we know the four states obviously, the people got the beef there. but it looks like it's been

distributed more widely. and typically, you know, you think about places like distributing to restaurants only because it's fresh ground beef forre restaurants. they're concerned it may have gone to other places as well, possibly getting into retail stores. that's got the real concern, i think, for everybody raised. >> so then, i can't imagine this. ground beef. it's something that so many of us use all the time. not just restaurants. is if you're ordering at a restaurant. also grocery stores, convenience stor stores, people will have to look in their fridges. >> look in your fridge. any time a recall like this happens it is a message obviously to retailers but also to the consumer. i think weed that specific lot number that we're talking about here. again, it's a big distribution center in would go all over the potential country. everyone should look. that's what you are looking for. if you have that product, if you have ground beef look. the concern again is not that you for sure are going to have e. coli in that beef but there could be some. >> let's talk about this e colie

infection threat, how serious this is, and what are you going to experience, be gentle. >> i know. there's all sorts of different -- we talk about these food outbreaks from time to time. they're important to talk about. with e. coli in particular there's a lot of variations that are not going to be harmful to the body. this particular strain can be and it can take a very small amount. 100 or fewer cells of e cokoel. can get somebody sick. imagine over a few days you could get into the billion of cells and that could get a lot of people sick. that's the real concern. oftentimes you have a lot of things we don't like to talk about on morning television with symptoms but this particular strain it could have an impact on kidneys and can sometimes lead to death. >> you will know if you've got it. children and older people more of a concern here? >> more susceptible just because their immune systems are not as robust. >> heading into memorial day

weekend. guilty, i love me a medium rare burger on the grill. i'm going to have to cook that bad boy until it's through all of the way, aren't i? >> the basics do apply here. people eyeball when they're grilling beef on the grill they look at it to get an idea or feel with a spatula. you should use a cooking thermometer. i feel almost silly saying that but it's an easy thing to do. just use it. we've got numbers to pop up here in terms of what you're looking for specifically. takes just a couple seconds. just get that temperature and i think it's going to keep a lot of people safe. >> it's good reference point to have handy. it may seem silly. what's more silly if you can prevent getting sick or just popping a meat thermometer into your food. >> i have that on my grill now. it has those temperatures. i always get a chance to look at them and we have a thermometer there. make it easy for yourself. save yourself a lot of grief down the road. >> was that an invitation for me motorial day cookout at your house? >> you're always welcome.

come see my little scale for yourself. >> i'll take a picture of it. great advice for us heading into memorial day weekend. thank you, dr. sanjay gupta. >> surprised sanjay can't just look at a piece of meat and tell the temperature. here are the stories to watch. the gop establishment wins big. the tea party took a beating and we're going to show you how and why. the va scandal, widening. the president is making a move but too little too late? and it's one of the most famous openings in rock but was "stairway to heaven" a rip-off? we're bog to talk to a lawyer who says yes. i never let up, ever. we will win in november. >> we are going to roll on through from now until election day. >> under the microscope now, why there were waiting lists at some va hospitals. >> cheating and gaming us for years. >> a primary for him, i said, really, you're a little too late. he's dead already. >> mr. sterling still owns the

los angeles clippers. los angeles clippers. i prefer he sell it. -- captions by vitac -- www.vitac.com good morn, welcome to "new day." the republican establishment strikes back putting the tea party in its place in several big primary races. voters went to the polls in six states. not a single one saw the more conservative candidate come out on top. let's have a look at them starting in the most important one arguably, kentucky. why? senate minority leader mitch mcconnell is there and he's going to be able to defend his seat in november after easily topping matt bevin. now mcconnell gears up for a fight with kentucky secretary of state alison lundergan grimes. >> my opponent is in this race because barack obama and harry reid want her to be in this race. a vote for my opponent is a vote for obamacare and a president who sold it to us on a mountain

of lies. >> the senator's attack line obvious there. and cnn projections he will get to use it because grimes should win the democratic primary. she's already going after mcconnell's record. listen to her side. >> together we will take this fight to mitch mcconnell and hold him accountable for his 30 years of failed leadership. >> meantime, georgia's republican senate primary is headed for a runoff. cnn projects businessman david purdue and congressman jack kingston, they're going to square off in that runoff leaving more right wing candidates behind. the winner will face michelle nunn, the daughter of former senator sam nunn. cnn projects her winning -- projects she has won the democratic primary there. >> you have nunn also in georgia, state senator jason carter will challenge nathan deal in the fall. he is, of course, part of the

jimmy carter linage there. remains to be seen if that will help or hurt him being the grandson of the former president. he's going to join us later in the hour. more conservative republicans also falling in oregon, where cnn projects monica wehby winning despite new allegations she has a history of harassing her ex-husband. wehby is looking to unseat merkley. it's one of several democratic seats that republicans are focused on as they try to shift the balance of power in the senate. >> mark pryor and tom cotton. both ran unopposed in their primaries. >> in pennsylvania, marjorie margolies, chelsea clinton's mother-in-law lost the house primary to state legislature brandon boyle despite major backing from the clintons. let's get back to the big race of the night though. that was in kentucky. mitch mcconnell easily defeating his tea party opponent.

will he do the same with a formidable democratic challenger in november? let's get to chief congressional correspondent dana bash in louisville with more. i qualified my formidable a little bit there because this is a big jump for the secretary of state. she would be the first female senator. that's something. but mcconnell is no joke and he seems to have a very definite argue to make about her which should be popular in his state. tell us why. >> because it's about obama, as you pointed out. and obama is not popular here and that is the understatement of the year. he never did well in the elections, presidential elections, and he's become even less popular in the last two years. so what mcconnell is doing is really banking on the fact that the president is less popular than he is and the reason i say that is because that is a big problem that mcconnell has, is that he is very well known here. he's been here for 30 years and represented the state for 30 years but hess also extremely

unpopular. you're right, chris, to hedge the idea of the fact that she may be formidable because she is not that well-known and she is going up against an arsenal of opposition in mitch mcconnell. he knows how to play and he knows how to play dirt by. he's not afraid to do that even against a 35-year-old woman. >> and he's got just the momentum now on his side. and the only challenge will be if going negative on the president is enough in this state. what do you think of that in terms of her ability to counter the negativity with saying, well, i have better ideas? >> it's going to be hard because he's making this a national election. she is very emphatically saying it's not about the president. he is not on the ballot. it's about me. i can represent kentucky better than he can. it's time for a change. all of the kinds of arguments you hear typically from a challenger. but it is going to be very hard

because, chris, mitch mcconnell is also playing another card and that is the senate majority leader card. he's playing to kentuckian sense of pride. it's fascinating to watch. that he's not running for his seniori seniority. he's saying, look, only one other time in history have we had a chance to have a majority leader from kentucky. i'm your next guy. after me it's not going to happen for generations probably. that's not ing thing that he's running on. unclear in that's going to work here. >> very interesting. let's take another step down that road. counter intuitive because nationally you could argue, well, he's not trouble. he's been in there and a lot of factions in his party are not happy with the leadership but in his home state maybe that's not the lens you're saying the lens might just be the history of it. >> that's what he's hoping. he's hoping that's the case. but, you know, just to counter that, look at what happened last night. even among republicans, those in his own party he won -- he says he lost 30 plus percent of the vote to somebody who was not

well-known at all but just because the opponent, matt bevin, wasn't mitch mcconnell. so he's going to have a challenge also in getting those republicans back into the fold because if the trend continues, that it is a neck and neck race which polls have shown up until now it has been, he does lose even just a small percentage of those voters and chances are that would mean they would just stay home and forget it, i'm not going to go vote. that could hurt him. the mcconnell campaign knows, they've been prepared, this first month is critical because alison lundergan grimes is so undefined they are going to try to define her big time and it's going to happen in a lot of ways that probably we're not going to see until later on in the game. >> i'll tell you, we look at the local races to see what might lap on the big national stage and one message that's clear is that money from outside groups is going to be bigger than ever. they had over a million bucks from these tea party, sympathetic groups going after mitch mcconnell. it's interesting to see how much ammo they wind up wasting

against their own. interesting dynamic as well. >> on both sides, because alison lundergan grimes is the darling of the democratic party for lots of reasons but the primary reason is because they on a national level want to top the senate republican leaders. they are also sending so much money into this state, from super pacs, from the national party. you name it. that's the other thing you hear from mcconnell, saying she's part of the hollywood elite because that's where she's getting her money which doesn't play well here in kentucky. >> has been and just gets more and more true. the problem in politics isn't the illegal money, it's the legal money allowed to come in. dana bash, thank you for dealing with the complexities of that state and wind during a life shot. beautifully done. see how she was sweeping her beautiful blond hair out of the way and still able to speak. very well executed. more on the primaries coming up on "inside politics" with john king coming up. president obama will be sitting down with va secretary

eric shinseki for a meeting at the white house today. this as the administration conversations to battle to contain the growing outrage over the potentially dead lly wait times for veterans. now officials say they're investigating 26 different va hospitals and clinics and the president is dispatching a top aide to the phoenix va facility where cnn first reported on those secret wait lists. let's get over to michelle kaczynski first. what are we learning about the meeting? >> va secretary shinseki is faced multiple calls for resignation. questions from the president as to why he wouldn't giver is views for a long time. the administration has stood behind him. detailing his successes over the last several years in trying to make the va better. this morning he has been called to meet directly with president obama in the oval office. also in attend dance will be that top administration adviser who has been tapped to work alongside the va investigation.

president obama has also faced questions as to why he hasn't come out and spoken publicly about this widening scandal. the white house says that will happen soon. so this raises at least the possibility that we could hear from the president as early as today. also, interesting to see what comes out of this meeting. kate? >> absolutely right. and what comes out when rob nabors heads down to the phoenix facility and what he finds. live from the white house this morning. let's discuss this bhoer with daniel footer, a retired va physician who first told cnn about workers covering up long delays, specifically the facility he worked at. thank you for coming in with us this morning. >> thank you, kate, for having me on your show. >> you say you knew this was happening at your facility in phoenix. now we hear that 26 va facilities are under investigation for similar problems. did you have any idea that the problems you saw in phoenix

could have been happening on such a large scale? >> yes, i did. i talked to team in spokane and also in albuquerque, so i knew it was going on everywhere else as well. >> it's not a surprise to you? >> no, no, ma'am. >> what does it tell you about the system? did you speak up when it was happening? you spoke to other people in other facilities. what was the discussion? >> well, basically that the problem is that if the director of the local hospital director turns in good number to the veterans and graded service network director, they look good. if the numbers go to washington and congress asks them about it the congress -- rather, the va looks good. so there's really no incentive for the upper management to getting a rate numbers. >> so the director of the phoenix va system, sharon hellmann, she has been put on leave. did you work closely with her? is that enough? did that fix the problem in

phoenix? >> i would say i never worked closely with sharon hellmann but i was well aware with what she and her administrative staff were doing. there's still, the new director is still putting out that their average waiting time for new patients is 55 days when it's 6 months. i have no idea why he's still getting that. i can only imagine that he's getting bad information from someone there. >> sounds like you don't think the problem is even close to being fixed yet. deputy chief of staff to the president rob nabors, very close adviser of his, well respected, is getting things done. he's heading down to phoenix to interview the interim director. what is he going to find, what do you think? >> i think so the va needs to get out of the delay and deny mode and start admitting there is a problem and that's generally the first step in solving a problem is admitting you have one. and then i think they're going to have to be much more candid with congress so congress can assist them where they need assistance.

>> do you think rob nabors? >> i don't know what they're going to say to him. >> folks are disputing your claims. top phoenix va officials say they deny any knowledge of any secret list, that they have said that they never ordered any staff to hide their wait times. what do you say? are they going to find clear evidence to prove your claims? >> william shawnhart, the boss of all of the vision directors, in 2010 basically put out a memo with all the various gaming strategies and told all his people not to do it. so the va has known for many years that this has been going on. and again, in terms of the allegation that i originally made, that was up to 40 people may have died while waiting for care at the phoenix va, we never made the comment that they all died because of the wait. just that they were dying while waiting for care. and i'm pretty confident the ig

will uphold that. >> dr. foote, at the end of the day, who do you blame? >> that's tough because there's certainly a lot of that to go around. the va bureaucracy has engaged in cover-up and still doing cover-ups now. their delay and deny policy just really needs to come to a stop. and they need to be more transparent. they need to grant interviews when interviews are requested and explain themselves. as long as they continue -- it's like a secret club for the senior executive service. once you get into that you no longer have to answer to anybody, it seems. >> why do you think that eric shinseki, secretary of veterans affairs, that he should stay in that position? >> well, that's a complicated question. i think the greatest danger is if he leaves, then it will shift the focus away from correcting the problem to who the new chief of staff is going to be. he knows -- he should know who he can count on in that

organization and who he can't. and what he really needs to do is quit taking a passive role and letting somebody like dr. petzel run the operation and take a more hands-on approach. i think if he does that then he should stay. if he's unwilling or not capable of that, then the president should remove him. i think one last chance to have him jump up to it and get going is what we really need. >> and real quick, one final note, the president's spokesman has said he has known about the issues at the va for a long time although he did not know about the extent of the issues, especially at the phoenix facility, until the cnn reporting came out. the president has not spoken out in three weeks, i believe, since this has broken. what do you want to hear from the president because the white house says he could speak soon? >> well, i would like to see him be fully supportive of the investigation and looking into the allegations. i think the most important thing we need here is accurate numbers. and if debra draper and the gao,

general accountability office, could do a truly anonymous survey, which most never are, of the providers and the staff at the facilities, and get the numbers, and then give the directors a one-week amnesty period to report the real numbers and compare the two. if the numbers match, fine. if the numbers don't match, the ig will need to go out and then investigate them. this they don't match again, they need to be fired and persecuted. >> while important, it sounds like more veterans continue to wait for their service, to have their care and the service of the va. dr. samuel foote, thank you for coming on. we'll speak to you soon. >> thank you very much. all right. let's look at your headlines at this hour. this morning a stream of terror threats has intelligence officials concerned about potential al qaeda strikes inside the u.s. officials telling cnn the threat

stream is evolving but none of the threats have been corroborated. they're trying to determine how the threats may be linked and what it could reveal about al qaeda's strength inner to couldnother countries. members of congress will focus on another terror group. boko haram in nigeria. they're going to hear from a 15-year-old girl who survived a boko haram attack and originally from the village where they abducted nearly 300 schoolgirls. six weeks later, despite an international search effort, still no sign of the girls. also learning of more attacks. 30 people killed in two villages in northeastern nigeria this week. police say suicide bomber was behind the first of three bombings in central nigeria that killed at least 118 people. show you some stunning video out of minnesota. a school bus burst into flames at the highway. that's not the stunning part. the crazy thing is as the bus burns, suddenly, watch this, it starts moving. it starts rolling down the

freeway towards a fire truck that is sitting just yards away. look at this. imagine that you see this hurdling towards you. smartly though, the fire crews quickly hustle to get the truck out of the way. no time to spare. here, look at this. back it up. just before the bus veers off the road. we do know the fire is under investigation. they're looking for the cause. thankfully no children were on board the bus and we're told the driver is just fine. >> talk about just in time. >> yes. >> some kind of possessed devil bus. >> i know, yeah. >> sounds terrible. at least they were able to get it out of the way and get it put out. coming up on "new day," many have wondered if nfl players need to be drugged up to play with the injuries that occur. well, guess what, a player is saying yes, they do. they're given painkillers and the teams lie to them about what effects the drugs will have. he and others are suing for damage to their health that they say they never saw coming. we have the details ahead.

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welcome back to "new day." new this morning, a group of former football players says the nfl liberally handed out prescription painkillers and lied about the severity of their injuries to keep them on the field. the lawsuit claims the drugs led to serious life-changing health problems including dementia. here to breakdown the case for us, jeffrey toobin and mr. jason reid, sports columnist for "the washington post." jason, let me start with you. let's just lay out the particulars here. what are they saying that the drugs were not just available but there were suggestions made about what would and wouldn't

happen if they took them? >> well, the allegations are that they were given these drugs without actually prescriptions being written in their names, that the teams were just getting these prescriptions sent to them in the names of players who actually, you know, had no knowledge of this. and then when the drugs were being disbursed they were told, take these things. they will help you get through the day, they will help you sleep. and obviously the allegations are very concerning. >> what do you think of the examples of -- that are offered up here for what players endured and how? >> well, when you talk about what nfl players go through, these guys are basically going through the equivalent of a car crash with the tackling and the hitting throughout these gamsz. they put their bodies through an incredible amount of trauma, not just during game days but also during the week. so they need medication often to get through the season. i mean, that's common knowledge. now, what's being alleged in this lawsuit about the painkillers and not being given

information about what the side effects could be, now, that's also -- that's very troubling, that's new. but as far as, you know, needing painkillers or needing pain medication, that's been common knowledge for some time. >> jason newberry is going to come on the show, he was the center for the 49ers, great player. he said he would limp in on crutches and wearing a boot into the training room and come out running, sprinting, into the game because of the effect of the drugs. dramatic but not surprising as jason suggests. what do they have to show when the nfl says, look, we made them available. you took them. you knew what they were doing. don't blame us now for what risk you assumed as a player. >> right. assumption of risk, that's the legal doctrine that is involved in a case like this that, hey, it's a dangerous game. you knew it. a lot of players often ask for drugs. often ask for off-label use of drugs. so, you know, the individual situations are going to be very

important. i think it's a going to be b difficult to make it a class action because the individual situations are so difficult. but you know nfl is really at a paradoxical moment right now. it's never been more popular. tv rating have never been higher. it's becoming increasingly apparent that playing football is just dangerous to your health, period. and the nfl has not really come to terms with that and figured out a way to compensate athletes for, you know, a game that's just -- that hurts them. >> now, it's going to be tough to prove in court for what jeffrey outline there's. you have different teams, jason. you have different doctors, different scenarios. it will be tough to show a pattern of conduct that is in any way coordinated among the teams. is there any level of this in terms of the public, the court of public opinion here and that the players are hoping that the league will step up and do what's right because the situation is so obvious? is that part of the strategy?

>> well, i think jeffrey hit that on the head. i think the hope is is that the players will be able to persuade the league from a pr standpoint to do the right thing. now, you know, the nfl is a $9 billion a year industry and the nfl essentially prints money. now, whether or not the nfl is going to just want to do the rig thing we have seen that's not been the case in the past with other lawsuits and with the class action suit that appeared to be settled but was thrown out, that was a long hard road for players. i don't know if we're going to see this being something that's just going to be taken care of to the satisfaction of the players in an expedient matter. the nfl does have a huge pr problem here because whether or not the allegation in the lawsuit can, you know, bring players the compensation they want, once again, you see that playing nfl football, it's such a dangerous sport and players,

you know, look, these guys are suffering. no doubt about that part. >> jeffrey, quick last button on this. we all know that suffering is apparent. that's why we like the sport, we like the violence of it. if it weren't as violent, people wouldn't watch it. >> i'm not sure i agree with that. it's not po professional wrestling. i love nfl. sure, the hard hits are part of the game but so is peyton manning throwing a 60-hard pass. you know, the question though is, i don't know how you could change the game. >> how you take the violence out of the game. >> make it safer when the athletes are bigger, stronger, faster, than ever and they're still going to crash into each other. that's the problem, is that there doesn't appear to be a safe way to play football. >> the biggest nod to that is we talk about helmets all the time and helmet technology. jason, you've written about this as well. it comes out at the end of the day, the science tells us it's not about the helmet. it's about how your head snaps during the hit and you will never be able to change that. >> it's not about necessarily the big hits, it's about the

repetitive small hits that are part of practice and part of games. >> violent game. it will be interesting to see what they can show in the court of law and how that will echo into the case of public opinion. you're going to get to hear from one of these four former players. a great 49er. he was a center. so he knew about getting hit every play. his name is jeremy newberry and he is a party to this lawsuit and he's going to tell you what years of painkillers allegedly did to him and what he was told and not told. kate? coming up next on "new day," he has politics in the blood. jason carter, grandson of the former president jimmy carter, is now the democratic candidate for governor in georgia. but will the name help or hurt him? what are his chances in general? he's going to join us live to discuss. chelsea clinton's mother-in-law losing in her quest to return to congress. is the clinton touch not as powerful as it once was? that ahead. [ laughter ]

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almost half past the hour. loets look at your headlines here on "new day." president obama called a meeting at the white house this morning with the embattled va secretary eric shinseki. 26 veterans affairs hospitals and clinics are now being investigated for allegedly covering up long, potentially deadly wait times for patients. the president is sending top aide rob nabors to the phoenix va hospital tonight. cnn has reported employees at that facility cooked the books to hide delays that are being blamed now for the deaths of dozen of veterans. california's bay area rapid transit system settled a federal civil rights case related to the

fatal shooting of oscar grant by a b.a.r.t. officer in 2009. five of grant's friends manned cuffed and detained for several hours will split $175,000 in the settlement. the shooting inspired the popular film "fruitvale station." a massive fire is we going in arizona. two miles of homes and cabins in the oak creek canyon are under threat. some evacuations have been order we'd the fire now more than 400 acres. officials say the fire is manmade. an investigation is under way. so far, no injuries have been reported. in the meantime, two large fires in southern alaska also burning. they've charred a combined 8,000 acres. fire season is for real. it is here. it is in several areas. >> not just in california. >> no, not just in california. >> boy, it's too bad that there's nothing going on in politics today. >> i know. >> not only do you have all of these big elections overnight, but you have the va scandal that

is just getting bigger and bigger. beautiful time for a segue to "inside politics" with a beautiful man named john king. there he is. >> chris, kate, michaela, you're right, a lot of talk about. let's start with the white house meeting. president, veterans affairs secretary, and troubleshooter here to share their reporting. margaret, you covered the white house every day. a lot of democrats are saying they seem flatfooted on this one, slow to respond. they added this meeting. the president is going to sit down with his veterans affairs secretary, deputy chief of staff who he has asked to troubleshoot per. what started as one or two hospitals now could be as two dozen cooking the books. a, can the secretary keep his job? the president says he stands by him. how long will that last? b, we're not scheduled to hear from the president today but are we likely to? >> i hope that we do hear from the president today. i think if it's not today, he can't wait much longer. there is a good chance. what you're seeing now is a real

final acknowledgement by the white house. this is something that democrats in key states are going to have to defend their party against. this is obama moving to take control of this. day after the primarys. day before rob nabors goes out to phoenix to begin on the question of how long shinseki can remain on the job, a lot depends on what happens in the next few days. i don't think that today is the end because that's not obama's style. this is a meeting to express confidence and set the parameters going forward. as this continues it becomes increasingly difficult for him to remain at the helm. >> the timing, dan, comp my indica complicates it. should is secretary stay or go. do you have confidence in the president? can they at the white house wall the political pressure off and make this decision on the merits or is this inevitable that the political year factors in? >> it's inevitable, john. that doesn't mean the president will fire the secretary. everything we know about president is he remains loyal to

people even when he's in deep trouble. we saw that the at hhs and likely to see this now. this is one of these problems that touches so many people and people feel so strongly about veterans issues that it's harder for him to resist some of that pressure. >> i think it's likely. add a meeting over night with your veterans affairs secretary. i think we're going to hear from the president during or after that meeting. the elections last night, establishment strikes back morning on "inside politics." let's start with the $100 million question, the kentucky senate race. mcconnell defeats his challenger, matt bevin. faces off against a democrat in that state, alison grimes. listen to mitch mcconnell last night and then alison grimes. mcconnell says alison grimes equals barack obama. >> you're not going to be deceived. alison lundergan grimes is barack obama's candidate. >> she comes out though at her acceptance speech and says, i'm

sorry, she calls mitch mcconnell senator gridlock and she says, don't try that. >> i'm here to tell you tonight, my fellow kentuckians, i am not an empty dress, i am not a rubber-stamp, and i am not a cheerleader. i'm a strong kentucky woman who is an independent thinker. >> dan, mcconnell crushed he said he was going to crush the tea party everywhere and he did it back home. what was striking to me last night was how quickly all of these conservative groups that yesterday morning were saying mcconnell must be beat. he's part of the problem. he's a problem in the republican party. the establishment is wrong. they all quickly said he won. he's our guy. is the republican party going to unify quickly here or is he in trouble back home? >> i was struck by that, too, john. i was not necessarily surprised but it was very striking to see them instantly coalesce around mitch mcconnell. i think it does tell you something about the republicans, that they do want the senate. no matter what part of the party

they're from. there may be some lingering problems but the fact that he won so decisively i think makes it easier for him in this particular race to unify. >> and the establishment also wins in oregon. monica wehby wins there, that's where the money went in down the georgia. you have the two candidates the establishments said they're in a runoff. we'll take david purdue, the businessman, jaek kick kingston congressman. you see discipline in a year that already is tilted in their favor. does the white house political operation think what happened here, we thought we were going to get the far right tea party guys like they did in 2010 and 201 and pick up races that are other wise they might not be competitive? >> the problem for the democrats is it's really hard to play offense and defense at the same time and they mostly just on the merits, on the numbers, are playing a defensive game. their best hope is to be able to pick up a couple of states like georgia and kentucky. it's incredibly difficult in a year like this.

if the discipline is on on the republican side and in disarray on the democratic side it's going to make it more difficult. >> when you look at the map, there are 14 democratic held senate seats republicans take maybe. some are a very good chance. other ones like oregon, michigan, maybe. if our candidates do all right, we'll see how we do. when republicans need six and looking at 14 potential democratic seats and the only 2 the democrats are looking at now held by republicans are kentucky and georgia? i have a hard time -- >> neither are a slam dunk for the democrats. i would say even though we talk about the potential of 14, some races haven't developed we're going to have to see whether they do, in fact, develop. some of those may not turn out to be significantly competitive races. none the less -- >> they don't have to. >> the point is well made. there are plenty of opportunities for the republicans and, as you say, the best shots for the democrats, tough states for the democrats. >> state of pennsylvania we talked about this yesterday.

marjorie morgue hargolies, the clinton presidency, lost the house seat. she wanted it back but she lost her primary to brandon boyle, state senator. is the clinton brand tarnished here? bill clinton made a robo call. hillary clinton had a fund-raiser. or is this just simply she was out worked and out hustled by a younger democrat. >> i think it's the latter. i don't think it has much impact on the clinton brand. their family at this point, obviously. they have gone in where they've had friends before in races. some -- they're going to win some, they're going to lose. i don't think this has anything to have lasting impact on hillary clinton's presidential interests. >> what does it go to marjorie margolies now at thanksgiving dinner? >> bring some extra wine to the table this year. >> excellent advice. bring extra wine to the table it. >> might have been more difficult if they hadn't gone in for thanksgiving. at least they did. >> they didn't --

this was family over strategy. >> thanks. we could talk for hours and hours but we've got to get back to our friends in new york. remember, joe biden had a famous vin tags to a young lady to come to a prom with him. >> a high schoolgirl has invited joe biden to be her prom date. isn't that nice? yeah. however, her father is refusing to let her go with a guy who can't really describe what he does for a living. >> oh, a little bit of laugh the morning after. give props to joe biden. he sent the young lady a corsage and said he wishes he could be there. >> right. very kind of him. that is thoughtful. >> he doesn't mean it. >> i've never understood the corsage thing though. >> he doesn't wish he could be there but it is a stand up guy. >> give kate tomorrow, she better have a wrist corsage when she comes on the set tomorrow, and michaela. don't take sides. >> that's right. >> appreciate that suggestion. are you going to get me a

boutonniere? >> my arm does look bare today. >> no baby's breath. >> mickey says no baby's breath, see how complicated it gets? >> i know what i like. >> she's going to say no baby's breath. indra is going to want it grown. flower into this situation. >> i created a nightmare. sorry. >> you created a nightmare for me. >> thanks, john. more difficult politic on the set than out there. coming up next on "new day," former president jimmy carter's grandson just scored a primary win in the race to be georgia's governor. now he faces the general election and the real challenge because he ran unopposed. we're going to speak with jason carter coming up. say it ain't so. led zeppelin could be climbing a stairway to court. a little known band is claiming that one of the most famous intros in all of rock history was actually theirs. we're going to talk to their lawyer. hey! so i'm looking at my bill, and my fico® credit score's on here. we give you your fico® score each month for free!

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welcome back to "new day." overnight, candidates declaring victory in primaries in six states. now, new challenge ace head as they face tough general elections battles in the georgia governor's race incoming governor sailed to victory with 72% of the vote but now faces

jason carter. atsz race that could go down to the wire. state senator jason carter is joining us. right now he's a democratic candidate for governor of course and grandson of former president jimmy carter. senator, great to see you. >> thank you for having me. >> of course. maybe a short night i guess for you because it wasn't really a question if you were going to make it through the dem primary but i got to ask you. georgia has not had a democratic governor in a decade. this is also a state, as we just noted, that the incumbent just won with more than 70% of the vote and really republicans hold allstate wide offices. what makes you different? how are you going to change that in the course of one election? >> well, first of all, one of the important things about yesterday is that one in four republicans came out to vote against the governor. and that's a real indictment of his record on education. in our state we have 9,000 fewer teachers, 45,000 fewer technical college students. so he's got a horrible record on education. frankly, the middle class and

average working person in georgia has been left out. people around the state are ready for a change. it's time to rotate the crops. >> you just don't want him so vote for me. >> no, we have a real vision for our state that begins with an education first budget and know that if you invest in our people,s that how you get a prosperous and strong middle class and the economy that we want. we've also talked in detail about our plans to refomrm ethis in our state and honest government that works for everyone and we're going to be talking about that positive vision over the next several months. >> busy several months it's going to be. you know a lot of people are wondering what advice as your grandfather given you. >> what my grandfather told me first and foremost is it's much more important to be a good person than it is to be a good politician. so if i'm honest, then i tell the truth and work as hard as i can he thinks i'll be fine. i think people in georgia are ready for that kind of leadership again. >> is the carter name, have you

found, helpful or more of a problem in the state of georgia these days? >> i think that, you know, my family legacy is one that i'm very proud of. my grandfather, i think, is known as a person of honesty and integrity and folks want a little more of thatgovernor's o frankly. but that's not what this election is about. ultimately it's going to be about the education system and helping the middle class and our vision of the future of georgia. >> name id doesn't hurt though, right? >> no, it gives people a reference point for the kind of family i come from, the faith background that i have and those issues are important for some people. but again, the real focus of this campaign is going to be the future of georgia and my children and everyone else's children rather than my grandparents. >> governor deal, you focus a lot on education. governor deal's focus is on the economy and the unemployment rate has worked in his favor since coming into office and where the unemployment rate is in the state of georgia right now, somewhere around 7%.

when he came into office it was around 10%. how are you going to fight him on that? >> well, there's been a national recovery that's beginning but folks in georgia are not feeling it like other states. i mean, the middle class has been left behind in georgia. our median family income has dropped $6500 in the last decade. we continue to languish at the bottom among other states in terms of unemployment, in terms of high school graduation, in terms of poverty. all the issues that affect people in their daily lives are real for us. and governor deal's touting of this economy as a good one just demonstrates how out of touch he is with the average georgian. >> one thing that confuses democrats in your state and i know outside of your state is that your support of a bill that got a lot of national attention on georgia. this expansive concealed carry bill that went through recently in your state legislature. it brought you under the microscope. you supported it. why did you? democrats can't understand -- can't understand that vote and you being jason carter.

>> well, i think that i come from a state that is still a conservative one. my family has grown up in rural georgia for many years. people believe in gun rights. at the same time, what i have done throughout my time in the state senate is work across the aisle to try to solve problems, to try to improve pieces of legislation, and we were able to do that with this bill. it would have been -- there would have been some of the things that were most objectionable to my constituents we got out and at the end of the day i support those gun rights and we have a regime in georgia that's important to many, many people. >> jason carter, democratic candidate for governor of georgia. we will follow your race very closely. thank you for taking the time this morning. good luck. >> thank you very much. it's great to be here. kate, comining up on "new day," was the stairway stolen? a blockbuster lawsuit says led zeppelin ripped off one of the most famous songs of rock history. and it's not the first time they've been accuse of chord

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♪ >> i love listening to that, considered one of rock's most iconic songs. now a new lawsuit claims the opening notes of "stairway to heaven" were ripped off. >> take a listen to this track

from the band spirit. ♪ >> zeppelin's "stairway to heaven" was released in 1971. four decades later, now the estate of spirit guitarist is suing led zeppelin. joining us is francis mall fee, the attorney that represents that estate. thanks forgetting up early to talk about this. what exactly is the estate claiming? >> the estate is looking forgiving credit where credit is due. what we have is the greatest rock and roll song of all time. it's also the greatest falsification of rock and roll history. what we're trying to do is make sure that randy california, a man who is no longer with us. >> died in '97. >> he gets credited for what he had done. he basically wrote a majority of

the quintessential rock song "stairway to heaven." as the attorney representing the trust, we want to make sure that what he had done is recognized, not only in the court system but those throughout the rock and roll and music -- >> musical history books, i suppose. >> sure. >> it's been debated for years. why now? why now? >> a lot of people ask this, why now, why now. it's a tragedy of our legal system. but in the civil system justice is only available for those who can afford it. in other words, in the criminal system, the gideon code, a defendant always has an opportunity to have counsel. in the civil system justice is only available for those who can afford it. what we have here, it's very hard for a musician, an artist, to assert his rights against

some of the biggest music and entertainment moguls throughout the world unless he has someone that's willing to take on that battle. >> unfortunately, randy cra california passed away in 1997. it's coming back up against now. why now now? >> i don't think there's a reason why now now, other than it's been a long time coming. there have been people who have looked at it. one thing that is very important and aprapos for the time is there was a recent case that came out on monday, and the u.s. supreme court said it doesn't matter how long you wait. it doesn't matter that you waited quite a bit of time before you filed your suit. what matters is there was infringement and it's continued. >> let's give you the timing. let's talk about whether there is an infringement. it's complicated. we keep playing the beginning of this. you can protect an arrangement, a defined term that goes well

beyond one set of descending cords or notes. you can't protect a descending cord line or notes. do you think you can make the case that the actual arrangement is similar? >> there's two aspects of the law, two prongs that come down to access and substantial similarity. what we have here is when you look at where did led zeppelin or where did jimmy page become familiar with the song "taurus" by the band spirit. >> natured together for a while. >> that's where i'm coming to. if you look at how this happened, what you realize is before led zeppelin was a mega band, they were a band trying to make it in the music industry they were trying to get their music out, trying to tour and expose their music. what they did is their managers and people behind them had them open for a band called spirit.

that happened in '68 and '69. in '68 and '69 spirit's album at the time had this record called "taurus." they often played it in the live shows. that's where led zeppelin would have heard of the song "taurus." moreover, jimmy page specifically, although he's very -- rarely gives credit to bands as far as those who have influenced them, he has, even back as far as 1972, only a year after "stairway to heaven" was recorded by led zeppelin, he has stated that one of the bands was influencing him greatly was spirit. >> francis, we could talk about this -- this is something our crew members are debating as well. we've all been talking about it. thank you for coming in to talk about the claim and this suit. we'll keep following it here on

"new day." francis malofiy. >> thanks for having me. outrage after a wealthy business owner busted on his seventh dui in a ferrari, not only gets to leave his cell every day to go to work, but also was able to get permission to go to the super bowl. we'll hear from his lawyer coming up. -- captions by vitac -- www.vitac.com no one's losing their job. there's no beer robot that has suddenly chased them out. the technology is actually creating new jobs. siemens designed and built the right tools and resources to get the job done. captain: and here's a tip. bellman: thanks, captain obvious. when you save money on hotel rooms, it's just like saving money on anything else that costs money. like shoes, textiles, foreign investments,

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good morning, and welcome once again to "new day," it is wednesday, may 21st, 8:00 in the east. voters in six states have spoken, at least for the night. it appears republicans are tiring of the tea party. the more conservative candidates came up empty in a variety of races, most notably in kentucky where mitch mcconnell defeated matt bevin who supporters mcconnell asked to join together. >> the preparation is behind us. it's time to unite. to my opinion point's supporters, i hope you'll join me in the months ahead and know that your fight is my fight. >> who will mcconnell face?

cnn projects kentucky secretary of state allison grimes. polls show a close race with mcdonnell. >> together we will take this fight to mitch mcconnell and hold him accountable for his 30 years of failed leadership. >> meantime cnn projects businessman david perdue and congressman jack kings stop are heading for a run off in georgia's republican primary leaving the more conservative candidates behind. the winner will face michelle nun who cnn predicts will win the democratic primary, the daughter of former senator sam nunn. >> former president jimmy carter, jason carter, is the projected winner. >> in oregon, neurosurgeon monica wehby beat a more

conservative opponent despite recent allegations against her that she harassed her ex-husband. wehby will face off against jeff murphy, one of several democrats targeted by republicans trying to wrestle republicans away. >> another seat, incumbent mark pry yar will defend his seat against tom cotton. both ran unopposed. chelsea clinton's mother-in-law margie margolis lost her bid to reclaim her seat. >> in the state's race for governor, tom wolf defeated allison schwartz in a democratic primary. he will take on incumbent tom corbett who is in danger of becoming the first pennsylvania governor not to win a second term in more than 40 years. remember, that whole second mile scandal that went on and the followup that many pennsylvanias feel never happened. let's dig deeper with democratic strategist paul begala as well as cnn political

commentator and republican strategist anna navarro. anna, the thing we keep hearing all morning, the establishment strikes back. what do you think? >> i am over the moon elated today, kate. it's not just because the miami heat won last night as well. >> oh, stop it. >> it's because i really think this is a very significant moment for the republican party, and it's been interesting how quickly some of the conservatives that have gone against mitch mcconnell have come out in support of him. i hope that xawhat happens is ty see if you can't beat them, join them and we stop this intrafighting that has happened in the republican party for the last two years and instead fight against the democrats. when you're not cannibalizing each other.

>> paul, do you think there will be party unity now? >> i think so. we want to win seats. i think the one thing all republicans have in common is the desire to flip the senate, the desire to win policy. >> paul, democrats want nothing more than to take on tea party challen challengers. we saw that happen in the last several cycles. >> the establishment couldn't beat the tea party so they've joined them, become tea stained if not tea party. mitch mcconnell who was a paragon of the establishment, who used to be so pro-port, i thought he would get trig knows sis, now he soup glued himself to rand paul. in georgia, we talked about jack kingston, a 93% voting record with the tea party. we pretend he's an establishment

figure. what's happened is tea party has won, the war is over. all these republicans now are running as tea party extremists wanting to make medicaid voucher program, opposing the minimum wage and the equal pay law the president has proposed, none of them are running like ana's old friends, john mccain who actually believes in immigration reform and jon huntsman who believes global warming is a problem to address. nobody is running like a moderate anymore, ana. >> i don't agree with that. i love paul and i love the way he can spin things and try to turn mitch mcconnell who said he was going to crush the tea party, try to spin mike simpson who said he would crush the tea party, john cornyn who was going to take on the tea party and crush them as well. all these people have been confronting the tea party and they beat them. they weren't coddling with them, they weren't spooning with them. they were leading aggressive campaigns. what we've seen is a diversity of thought in the republican

party. we've also seen the giants, the sleeping giant of mainstream republican incumbents who frankly had not fought hard, learn how to fight and win fights. they've developed into fighting machines which is why i think mitch mcconnell is going to be a very strong candidate now in the fall. he has honed the competitive skills and he's shown it in the last primary. >> paul, speaking of fighting, you think alison grimes is going to win in kentucky. why? >> she's really, really impressive. she will run, as she is, as an independent kentucky woman. she can't be tied to the problems of the national democrats in washington. >> it's worked in the past though, paul. >> not against somebody like alison. she's from kentucky, of kentucky and mitch is of washington and from washington. this is going to be a race. i looked at the bluegrass poll, a respected kentucky poll. it will tell you why senator

mcconnell spent his time last night attacking barack obama. the president's approval rating in kentucky is only 29, only carried four counties out of 420. the only politician who is as unpopular as barack obama in kentucky, mitch mcconnell, also with a 29% approval rating in kentucky. they're ready to get rid of mitch. you watch, alison is strong and independent, the little clip we showed, so feisty and fiery and mitch was a little flat last night. >> paul, let me ask you a quick question -- >> i have to tell you, i don't think we've seen the general election at all. this will start anew today. until today mitch mcconnell was focusing his guns on the primary and he won handily. he knows kentucky very well, representing it for 30 years. if i'm a kentucky voter, i'm going to think to myself, do i want to give up the possibility of being represented by either the minority leader or the majority leader of the senate?

that is not chopped liver. >> if you both can agree the establishment fought back or maybe tamed the tea party opponents in this primary, here is my question going forward. does this change the dynamic in washington no matter how the returns end up? >> yes. it does make the stakes in this midterm really, really important. i don't see a lot of republicans running saying, if i win i'll take mitt romney's advice, supporting raising the minimum wage. you don't hear them talking a moderate pro business agenda like immigration reform, which ana supports and the tea party hates. if the tea party wins, particularly if they get the majority in the senate, you'll see bills to try to turn medicare into the voucher program, never see an increase in minimum wage or equal pay law for women. a much more stark debate than if more moderate republicans were winning. >> ana, is this the difference of running to win a primary and running to win a general

election for republicans? >> they are absolutely two different animals, primaries and generals. that being said, i think republicans have to offer proactive solutions, have a positive agenda, because if republicantion have the house and the senate and that's what we're talking about possibly, they'll be able to get things passed and get things done. they're going to have to offer positive things. it's not just about obstruction and being the party of no, we have to go back to being a united party about positive ideas and a vision for this country. >> ana and paul, always great to have you guys. chris? the standal at veterans affairs has white house scrambling. president obama called a meeting later today with va secretary eric shinseki, this after 26 va hospitals now under investigation for allegedly covering up potentially deadly

wait times. the president is also sending one of his top aids to the phoenix va hospital where cnn first reported dozens of veterans may have died after waiting months for treatment. let's bring in white house correspondent michelle kosinski. why this move now? do they believe it is too little, too late? >> reporter: the white house has repeatedly been insisting that the president is personally involved in this issue, had to do defending with all the questions circulating out there. this morning he calls for this meeting directly with the va secretary in the oval office as the investigation expands. the va's inspector general this morning is investigating practices at 27 va facilities across the country. last week it was ten. the top white house adviser is headed to phoenix today where the scandal broke reported by cnn's drew griffin. under the microscope, why there were waiting lists at some hospitals kept on paper, not entered into computer systems.

how long this alleged cooking of the books was going on and how it affected soldiers. 71-year-old thomas breen went to the er september 28. his family says he was told he needed to see a doctor urgency, within a week. >> they called me december 6, he's dead already. i said you're a little too late, sweetheart. >> turns out he had stage four bladder cancer, undiagnosed. we know the va itself knew of some problems with delays and waiting lists, data keeping issues going back nearly a decade. 2010, a va memo called for immediate action to identify and eliminate inappropriate scheduling practices, sometimes referred to as gaming strategies. this is not patient-centered care. the member specifically bans using paper logs for appointments. again, this was four years ago. now being held by some, at least partly accountable, the white

house which staunchly stands by its actions, in the face of problems that clearly started long before president obama took office. >> no. this is not a new issue to the president. that's why he's been focused on it since he's been president. >> reporter: critics calling this scandal a mess. >> it is time for our president to come forward and take responsibility for this and do the right thing for these veterans and begin to show he actually cares about getting it straight. >> there have been calls for shinseki's resignations, why haven't we heard from the president directly on this issue yet? when will we hear from the president? the white house says that will happen soon. now this meeting this morning raises the possibility that we might hear from him as early as today. of course, it will be interesting to hear what comes out of this meeting if anything. michaela? >> lots of questions and much concern. michelle kosinski, thank you.

u.s. intelligence officials says a threat stream from al qaeda has evolved with threats targeting the u.s. and western europe. officials telling cnn, so far there's no indication of a cell operating within the united states. they say al qaeda in yemen is a particular concern. the obama administration is about to release a secret justice department memo that authorized the killing of a u.s. citizen in a 2011 drone strike. the author of the controversial document has been nominated to a federal appeals court. today the senate is expected to hold a vote on his nomination. it could take weeks to release a redacted version of that memo. want to show you amazing video from british columbia. mother bear picking the cup up by his neck. it happened in one of the parks. apparently the cub got spooked by traffic.

the video has exploded on youtube. there's another cub who is thinking about maybe going for a little walk and then realizes not a good idea and turns around. >> she probably could have done it a different way, but she wanted to send a message. i told you not to play near the road. >> second time. >> snatch you up by the scruff of your neck, drop you down neck is still sore. startling accusations by former nfl players. they say the league gave out pain killers to keep them on the field, but it caused long-term side effects to their health they were never warned about. we'll talk to a former player part of a big lawsuit. you judge for yourself. if it doesn't work fast... you're on to the next thing. clinically proven neutrogena® rapid wrinkle repair. it targets fine lines and wrinkles with the fastest retinol formula available.

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welcome back to "new day." it's no secret that professional football is dangerous, but according to a new lawsuit, what was secret was what medical treatment was doing to the players. a group of retired nfl players says the league handed out prescription pain killers like candy and lied about the severity of their injuries to keep them on the field. the lawsuit claims that drugs led to serious health problems. one of the men dealing with those problems is former 49ers pro bolster jeremy newberry. he's joining us now. jeremy, thank you for joining us. >> my pleasure. >> regardless of the lawsuit, first i want to say, reading about what you're dealing with

healthwise, i was sorry to read it. i'm sorry you're dealing with this process in your own life. tell the audience what your current health condition is because you look as strong as an ox. >> the majority of my problem stems from my kidneys. i have stage four kidney failure directly related to the toradol and the anti-inflam tors. >> what does that mean, stage four kidney layer. >> it means i have about 30% function of my kidneys. ir can still live life without being on dialysis. if i get much worse i'll need dialysis or a kidney transplant. >> what do the doctors tell you about how your particular condition will progress? >> i'm trying to do everything i can to slow it down. that means no over-the-counter meds. i have headaches daily. i've had 16 orthopedic surgeries in my nfl career.

so it means just grin and bare it through all that stuff now. the quality of life with the headaches and the injuries is somewhat diminished because of that. i'm trying to make a way -- i've got four young children to try to look after. i'm trying to do the best i can. >> are you unique? >> no, and that's the crazy part. out of the four or 500 people that have already signed up, over 100 of them have kidney problems. the general population, that's a crazy number percentagewise for people to be affected with some kind of renal function failure because of -- because directly related to all the drugs given to us. >> let's do this. you know the case very well. you know what's in the lawsuit and why? >> yes. >> i'll be the lead. so we'll give people a better chance to see what's going to happen. the league will say you assumed the risk of playing the game. you know it's dangerous. the pain medication was offered to you. you didn't have to take it and you could have consulted with

your own doctors. we never stopped you from that. what's your take? >> my take is i've asked the team doctors what's this going to do to me? the answer is it will cause a bigger bruise. >> if you're a 23 or 24-year-old kid and you have a doctor you trust, a team of trainers paid by this team to take care of you, it's their job to take care of you, why would you go out and get another doctor and assume what they told you wasn't correct? >> the physician will say, look, this is now sour grapes. you assumed the risk of playing a dangerous sport. it took a toll on your body, that's terrible, but you knew it and you were paid for it. now you're trying to double dip. fair? >> not one bit. i know i'm going to have probably a sprained ankle and maybe a couple knee surgeries a broken hand or arm. nobody in my entire life ever spoke about the issues i'm going to have with my kidneys because i played the game of tackle

football. that's a very real problem with a lot of people. it's because, one, the amounts of drugs they feed you. >> the league suggest how will you tie these together. maybe you had bad doctors on the staff of the 49ers or san diego chargers, but you can't blame it on everybody. the jets stink every year. they must not be giving their guys anything. how do you tie it together? >> i'll leave the jets comment alone. i'm also a sports agent and i represent young men heading into the nfl and i train offensive linemen. this is a culture in the nfl accepted all the way across the board. between the eight named plaintiffs in this case and all the other people signed up, we've got every nfl team covered in the stories the same across the board. this is not a 49er problem or raider problem or charger problem, this is a culture problem in the nfl. >> last point i want you to make for the audience is what happens

to the jeremy newberry, you were two-time all pro. you were the real deal. most guys make it two, three seasons in the nfl. what happens to players who say i'm not taking your drugs, i'm not doing what it takes to keep myself on the field? i'll heal naturally? >> they'll find somebody else that will do it. they remind you on a regular basis. hey, we can get you back on the field, you're okay with that, right? what do you say if you're a young man? if this is the doctor you trust and like and he's the one looking out for your medical conditions, he's saying we'll get you stuff to get back on the field, your answer is yes, i'll get back on the field. >> if you don't want to do that, they'll find somebody else who will. >> you were not only rewarded for your play being an al pro, but rewarded because of your toughness and willingness and ability to play through pain. now you're saying that came with a cost that you never expected. we'll be following this lawsuit. we love the game, we love the culture. we want it to be as safe as possible. it's a tough discussion. you know that.

jeremy newberry, thank you very much forgiving us your perspective on it. come back when we get to the next phase. okay? >> my pleasure. >> kate? up next on "new day," a man arrested on his seventh dui as he led police on a high-speed chase in his ferrari and gets out on work release. people say it's because he's wealthy. we'll talk to his lawyer and see what he has to say about it next. [ male announcer ] momentum has a way of quietly exploding onto the scene. ♪ the new ram 1500 ecodiesel. with 28 highway miles per gallon, 420 pound-feet of torque. ♪ guts. glory. ram.

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welcome back to "new day." this morning there are new concerns surrounding the recall of 1.8 million pounds of ground meat. the meat was sent to distribution centers worldwide. could be on store shelves right now. officials fear the meat is tainted by e. coli bacteria. so far 11 people have been sickened in four states, massachusetts, michigan, missouri and ohio. joining us this morning, a doctor from glendale, california. good to have you back on the program, dr. dorian. as an er doc, have you seen people come in with e. coli-related sicknesses? >> there's no question as an er physician we see food born illnesses, diarrhea every day. e. coli is one of those things that causes diarrhea and vomiting. >> talk to us about how you

treat that, when you get somebody in with that, what's the course of treatment? >> this is very important. e. coli poisoning is no different than any other type of food poisoning in the fact that the treatment is always hydration, hydration, hydration. it's about either oral hydration you can do at home. if you're voimting and can't tolerate that, you come in and we hydrate you with iv fluids. antibiotics are reserved for someone with severe shock. >> this can cause death, can it not? >> there's no question. actually this particular strain of e. coli has what's called shig ga toxin, a particular toxin that causes your little blood vessels in your colon to start bursting and bleeding. subsequent to that you can become severely dehydrated. >> who is most at risk. some people will get sick and feel terrible.

other people will be more acutely at risk. who are the people we should be most concerned about? >> we always say the two most common people we need to be worried about are the little kids as well as the elderly. people who's immune systems are not weak and cannot tolerate severe changes in volume. so somebody who already has a significant illness and has to have multiple episodes of diarrhea and volume loss, becomes severely dehydrated and it puts too much strain of the rest of the organs. >> going into memorial day weekend, a lot of people making burgers, et cetera, on the grill. talk to us about how the contamination starts? >> e. coli contamination unfortunately it's not something you really want to hear. it comes from poop, it comes from stool, whether bovine or cow stool or human stool, it lies inside the intestines. ground beef grinds up all these things. when you cook a burger, you need to cook all the way through because the e. coli doesn't have to sit on top of the burger, it can be inside.

so pink, no good, especially now when we have this recall going. >> that's one of the things we can control at our home. we know that's one of the things we're worried about, this beef has been distributed to grocery stores as well. we can use a food thermometer. but with restaurants, how are we to know our burgers will be cooked as well as we want them to be? >> it's a little frustrating because no one is carrying a thermometer in their pocket. even people grilling at home don't use a thermometer. the key is look at what you're biting into. there should be no pink. it should be brown all the way through, especially now. it is not worth getting something like this just for taste. this is not the time to be particular about the taste of the food. make sure you're doing something that's healthy. also, if you're preparing the food, do everybody the favor making sure you wash your hands thoroughly and make sure you wash all the utensils prior toond post using.

>> great talk from dr. dorian. armand dorian talking to us in california. we really appreciate the guidance, especially, kate and chris, going into memorial day weekend when we're all going to be grilling. >> that's exactly right michaela. up next, growing outrage after a wealthy businessman arrested for his seventh dui, not only gets to leave his cell every day to go to work, but also was able to get permission to go to the super bowl. how? why? we'll hear from his lawyer coming up.

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are you ready. sean goodman of washington state

is basically a free man. his attorney will be on in a second and disagree with that. he's been arrested seven times for driving under the influence. the last time, his passenger had to throw himself from goodman's moving car to escape. goodman also crashed his ferrari into two cars and a house and only ended a high-speed chase after police drew their guns on him. what was the sentence? one year of work release. the justification, as a wealthy employer, jailing him would harm his employees and the community. that's what the court decided. joining us is goodman's attorney. counselor, do i have that right, paul stroef fi? >> yes, my name is paul stroef fi, thank you. >> do i have the assertion correct? >> i apologize. yes. the judge did sentence him to 364 days, one day shy of a year to work release. >> perverse interest aside as an

attorney impressed with your ability to get this guy this sentence, how do you justify it when dui is a high-value crime where people usually have to serve the time the real way, not like this guy? >> first of all, i think it's important to note that i don't condone the conduct and, of course, i'm not here to defend his actions. but i do defend the result of the case because i do believe it was fair and in line with what frequently happens in other cases. mr. goodman did not receive special treatment based on my experience in dealing with the legal justice system in southwest washington in that he got the maximum allowed by law. >> how is it the max allowed by law? >> under washington law, if you have less than four priors within a seven-year period and get a dui, the maximum penalty is 364 days in jail. under washington law, the work release program is still

considered a jail program because you do spend your evenings and weekends in the jail, so you only get out to work. based on that, he did, in fact, get the maximum sentence allowed by law. now, if they had changed the law or if he had had -- if his prior duis had been closer in time, some of the earlier duis had been closer in time, he would have been charged with a felony level dui. >> why did he avoid the felony charge on this one given the circumstances? counselor, can you give me the name of another client you've had arrested seven times for this crime and not gone to jail? >> i can't give you the name, even if i had a client in that position, i couldn't give their name, of course. >> have you ever even heard of one getting seven arrests for duis and getting this gentle treatment? come on, paul. >> to be honest with you, you have to look at it on a case-by-case basis. if there had been another person

in his same shoes in terms of how the duis were spread out, under washington law, they could not have charged him with a felony. anybody in my client's shoes would have gotten 364 days in jail. whether or not that's a just sentence isn't for me to say. it's maybe for the legislature in washington state to take up. the only concession mr. goodman got was the work release versus straight time in jail. >> what about going to the super bowl? you don't consider that leniency by the court? the judge allowed him to go to the super bowl? >> i don't. that's a different issue here. predisposition of the case, he's on conditions of release. the rules for allowing somebody to travel for conditions of release i think are different than what you're dealing with post sentencing, post conviction. so i've had other clients charged with felony crimes, serious crimes who have been, if the court finds that they are a

low risk to society while on conditions of release, low risk to reoffend or threaten society, they do allow travel. i've had clients travel for prepaid vacation plans, family reunions, funerals, weddings. >> i got you. that's not what this was. this was the super bowl. you talk about risk of reoffending. he's been arrested seven times for dui and they only got him this time after police drew their guns after someone jumped out of his car because he was so drunk. come on. >> again, it's a situation where the court has to look at the factors that were in place on a pretrial issue as to whether or not he's a risk and he had alcohol monitoring device, a biological alcohol monitoring device to determine if he's consumed any alcohol, an act of prohibition. >> i got that he had those devices and steps they can do, but the guy obviously has the

history 2that shows he has the problem. the case seems to speak to a two-tiered justice system. this is a rich guy who got a very skilled attorney to work the system for him in a way that most wouldn't get that type of justice. fair complaint? >> to an extent, yes, but not entirely i don't think. i appreciate the compliment, but ultimately i think what happened here -- i've had other clients, maybe not with six priors, on their fourth or fifth dui stretched out over a period of time. they're white collar, blue collar, middle class type people able to get work release in these types of situations. so i don't think he's getting special treatment versus other people. but, of course, in order to qualify for work release, you have to be employed. i've had people maybe not with these specific circumstances, but people who are minimum wage earners who have gone and done work release for their jail sentence. i think if somebody had been in

his shoes and been a lower income earner, i think i still could have convinced the prosecutor and the judge to agree that work release was appropriate. in that regard i don't think that he is getting special treatment. but clearly there are people out there who are indigent or have low-income jobs where they can't maintain those when they go through the circumstances so they're at a disadvantage. i don't believe it's accurate to say that just because he's a successful businessman who employs people, that's the only reason why he got work release, and somebody who had been a state worker, for example, or something like that, making $50,000 a year wouldn't have qualified as well. i think he would have. >> but you are skillfully ignoring the conditions of his last arrest, the priors that he has had and the relatively lenient result of work release for a guy who doesn't need to be out of the jail to make his money. i'll tell you what, we'll end the conversation with this, mr. strophy. find me another case that lines

up circumstantially with this one in any way where the guy wound up getting treated this way. at one point they wound up stopping this altercation in the car. find one like that for me, i'll fly out there and buy you dinner. if not, you fly this way and you buy me dinner. let me know when you book your ticket. >> next time i'm in new york. >> kate? let's turn to this week's human factor. it's hard enough for adults to manage the stress that comes along with being sick. for a teenager it is much, much harder. chief medical correspondent dr. sanjay gupta introduces you to one teen who has learned to cope through writing. for skyler heber saw, high school started normally. his luck quickly took a turn for the worse. >> i'd have severe dizziness so i couldn't walk or see straight for days at a time. >> at first he chalked it up to

stress, but ebersol quickly realized something was really wrong. >> no one knew what was wrong with me. >> reporter: home from school for months at a time, ebersol desperately needed an escape, and he found it in writing. >> i just started writing. i would get lost in this world and i identified with this character. it was just a way to keep me going while everything else in my life wasn't so great. >> reporter: then after several months, doctors finally discovered the cause of his symptoms, a rather form of lyme disease. at the same time, his scattered pages started to gel into a book. >> the book is called "the hidden world," about a main character who has a heart attack, slips into a coma. when he wakes up, he turns into a wolf in the hospital room. >> reporter: it was published last december, with more in the works and ebersol says through it all writing saved his life. >> you really just have to find something that can sustain you and keep you mentally strong. >> reporter: dr. sanjay gupta,

cnn reporting. >> love to see a story where somebody finds a way to fight the challenge in their life. thank you for dr. sanjay gupta bringing us that story. let's take a break near on "new day." when we come back, a california mayor has words of advice for high schoolers who are facing bullying. grow a pair. his comments have many outraged. does he stand behind them? can he explain them? might you agree? he joins us live to make the case. i'm j-a-n-e and i have copd.

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welcome back to "new day," a california mayor had choigs words for a proposal to create safe zones. we want you to listen for yourself and we'll discuss it with the mayor itself. >> i'm against bullying, but i'm getting damned tired of it being used as a mantra for everything and the ills of the world when almost people have to do is grow a pair and stick up for them damn selves. >> cameron hamilton is the mayor of portersville, california. when you hear the sound bite, do you wish you had put it differently? >> of course i wish i had put it a little differently, a little less colorful. let's not lose track of what the message is. >> tell me what the message is. >> the message is that -- kind of two-fold, chris. we are starting to define any action that is a little bit controversial as bullying, and then we are lumping that

together with the entire situation of what really bullying is and we're not addressing the fact that the students are running to or running from or never allowed through zero tolerance policies of the schools to actually stand up for themselves. >> how do you see that taking shape exactly? i think we both know the problem is real, worse today because of the internet, and the kids need to be protected. so what are you worried about that goes too far? >> i think the one that i worry about the most is physical intimidation. that's certainly not advocating that we meet violence with violence. but if somebody puts their hands on you, it's up to you and your friends to put a stop to this. what i meant, also, further in that segment was, if, in fact, we see somebody that is being harassed or being bullied, we as a society, be it out in the

cities or in the school itself have the ability to stand up for the person that's being bullied and just tell the bully, we're not going to put up with this. we can make most of the situation die down just by standing up and saying no, no, this is unacceptable behavior. talk about cyber bullying -- >> the problem is it doesn't happen. that's the problem. >> i agree. >> one of the big dynamics of bullying is the other kids are too after fade to stand up because they don't want to be victims. that's what makes the bully successful. we need to make it as difficult as possible for the bully to bully. one of the ways to do that is to have a bully-free zone. if you get loud or intimidate here, there's going to be a consequence. isn't that a good thing? >> that would be a good thing. it's a grand illusion. there's no such thing as a safe zone. if the person doing the bullying wants you -- how do we have a

safe zone in cyberspace. as you pointed out, that is a huge area of bullying, and the physical side of it, how do we have a safe zone when the schools are telling our kids to stand down and not really holding the bully themselves accountable. >> what do you mean by accountable? you come up to me and you say you don't have a nice big mustache like i do, cuomo, so that means you're less of a man. what am i supposed to do now? punch you in the nose? >> absolutely not. the problem is the parents are going to the schools and telling them of the situations and they don't address it to the bullies themselves, they don't expel them, they don't suspend them. they have them come back to class and you're right back in the same environment. >> so why don't you tell your teachers, your school officials under your control that they should grow a pair, that they should teach their teachers to get involved, that they should take bullying as important as cheating, as important as math?

why don't you tell them to kick it up a notch instead of telling the kids who are going to be victimized to stand up for themselves which you know is not a real result? but you could make the schools to take it more seriously. why don't you tell them to grow a pair? >> that is a great analogy, also, for a counter side of what we need to do. the point that was being made at the council meeting was safe zone for the children, and it had nothing to do with the teachers. i guarantee you i've been carrying that message, also, to the administrators as well as the teachers that i know. i had a young lady send me a video of her kid that she interviewed. one of the telling things that he said was she asked if he went to the teachers and he said no more. she said, well, why don't you go anymore? he said because they call me a tattletale. >> let's agree on this. the victims aren't the one whose need to step up because if they could, they wouldn't be victims in the first place. nobody wants to be bullied.

why don't we take the step we're discussing right now? why don't you put out a public state that i want my teachers and school administrators to train their teachers and to take bulge as seriously as cheating in their schools and do as much on that front as they do on cheating and i'm going to come after the one whose don't? i'd love to have you back on the show when you do that. >> chris, we stand together on exactly what you just said. and i will take the message as strongly as i possibly can to the schools and to the districts and to the boards. >> i would love that, mr. mayor. appreciate you being on. no hard feelings about the mustache that i'm jealous of. >> not at all. i hear it all the time. coming up on "new day," rising out of unimaginable be strux, a bit of the good stuff coming up next. [ laughter ]

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led to the one jobhing you always wanted. at university of phoenix, we believe every education- not just ours- should be built around the career that you want. imagine that.

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taped to a shovel. some of them stopped to read it. take a listen. >> faithful over come fears, doubts and insecurities. >> sometimes in life we don't recognize how strong we actually are until we are faced -- >> with a great tragedy in our life. >> losing everything we own is sad. >> but the things we own don't diminish who we are inside. >> even though it was a lot of stuff, it's just stuff. >> nobody knows who put the letter there, but it meant so much to the people in the community as a reminder, signed g.b., probably more likely stands for god bless. it really meant a lot. people broke down when they read it. you need a source of strength. whoever wrote that letter, you gave them one. thanks to you for being "the good stuff" in a community that means so much. let's get you to the "newsroom" with ms. carol costello. >> thanks, have a great day. "newsroom" starts right now. -- captions by vitac -- www.vitac.com