move is judged with suspicion. we break down the latest in the case. your "new day" starts right now. >> announcer: this is "new day" with chris cuomo, good morning. welcome to "new day." it's wednesday, july 16. 6:00 in the east and we begin with this growing divide over the border crisis, how to handle thousands of undocumented children, key word there. it's no longer just a political football because outrage is flaring up. emotions are running high. you're seeing duelling protests in oracle, arizona where dozens of detained migrant kids were expected to be transferred, and a new symbol of this immigration fight pulitzer prize winning journalist and undocumented immigrant jose antonio vargas is now free after being detaped at a texas airport. so now the question is what will lawmakers do? today is another chance to act. senators are meeting about

president obama's $3.7 million emergency funding request. let's get to ana cabrera in denver with the latest for us. what do we know? well, good morning, chris. it really has been an intense past 24 hours from that detain of jose antonio vargas to the emotionally charged protests that are just breaking out now all over the country. it seems this immigration crisis at the boarder is nearing a tipping point as americans wait for lawmakers to agree on a solution. a bold statement in the immigration battle at the border. one of the nation's most famous and outspoken undocumented immigrants detained for several hours in texas on tuesday. >> i am an illegal alien. >> reporter: jose antonio vargas, pulitzer prize winning journalist, was trying to fly to los angeles about two weeks undocumented that traces his decision to speak out about his status aired on cnn. his capture, then release, comes as calls for action on broader immigration crisis are growing

louder. >> they are not born here. >> they have to go back to mexico. >> reporter: and it's not just at the border. protests have spread across the country. yesterday in arizona passionate protesters on both side of the debate turned out in droves once word spread that a busload of unaccompanied immigrant children were set to arrive. >> they are not better. none of you are better! >> reporter: and in texas demonstrators made their town heard at a town hall hearing. >> we can't even take care of ourselves. we have veterans that are homeless. >> reporter: protesters are digging in and concerns are growing. >> our concern is the cost. >> worried about jobs. these kids that are 17, in a year they'll be competing with our kids. >> reporter: this as states from washington to virginia received word that undocumented immigrants have arrived or could be sent there way for processing and/or perhaps deportation. >> i do have empathy for these kids but don't want to send a signal send your kids to america

legally. >> reporter: critics of the obama administration have blamed mixed messages for the surge of 60,000 up unaccompanied minors crossing the border. only 33% have approved of how the president is handling the crisis and even fewer americans approve the response by republicans in congress. while washington debates, the protests continue. now the president has mentioned has puts forth this nearly $1 billion plan to deal with the crisis, including minor to care for the unaccompanied minors, that adds money to the border processing and, unfortunately, many in members in congress don't like price tag of the president's plan and is coming up with their own plan that they hope to have finalized in the next couple of weeks. it will in part focus on

changing the 2008 law to be able to deport these unaccompanied minors from central america immediately, circumventing what is the current process in place that can take weeks, even months. chris? >> because currently there is a process under the 2008 law. they want there to be no process. just send people back without finding out why they came here in the first place, and now they are battling over money, and believe it or not, they want more money. that's a big part of the argument. we'll take you through all of it and this morning we'll speak with jose antonio vargas. you know him from his documentary, again, a pulitzer prize winning journalist. he was detained down there. we'll find out why and what happened. >> let's turn now to the immediate crisis. the message to israel to gaza residents, get out now. warning the residents of northern gasser, to leave for their own safety so they can target sites.

one of the rockets yesterday from hamas led to the first israeli death. death toll in gaza now over 200. karl penhaul is in gaza this morning. what are you seeing this morning on the ground? >> reporter: well, kate, we're in the eastern part of the gaza strip and just across there two of the neighborhoods where the israeli military has been dropping leaflets and also making these robo calls, automatic voice calls to civilians living there telling them to get out of their homes. they are in imminent danger. the israelis then followed those words with action and this morning we've watched at multiple israeli air strikes have been taking place. we hear the screech of an f-16 going over and then hear the bombs going in. that has not stopped hamas because at the same time from

the very same neighborhoods that the israeli military is bombing, at one point we saw eight rockets going out from a single launching site. another rocket went off of there a few minutes before we came to air. all of this because of the breakdown, failure of this cease-fire to get off the ground. as the sun rises in gaza, more explosions. air strikes progress overnight as the death toll continues to rise. in israel hamas launched an attack on tel aviv, the iron dome blocking those rockets fired from gaza. this defense mechanism did not stop israel's first casualty late monday. he was volunteering on the border crossing delivering food to soldiers and was hit by a mortar shell. in gaza, more than 200 people now dead and over 1,500 injured. the united nations says they are mostly civilians and is urging israeli forces to back down.

overnight the israeli military warned residents in eastern gaza strip to leave their homes in an effort to minimize casualties sending text messages and dropping leaflets. as the egyptian cease-fire fails to get off the ground, the israeli government promises to ramp up its military campaign. threat of a ground invasion looming, soldiers and tanks line the gaza border, but the obama administration says it hasn't ruled out a cease-fire just yet. >> i am prepared to fly back to the region tomorrow if i had to or next day or the next in order to pursue the prospects if this doesn't work, but they deserve, the egyptians deserve the time and the space to be able to try to make this initiative work. >> reporter: now as the bombs were falling on these neighborhoods this morning, i saw a man moving his entire family out of his home on a donkey cart. it was him, his wife, his sister and about ten children.

i said to him, you know, be not afraid, and he looked at me and he said i feel we're already dead. back to you, chris. >> thank you for the reporting from the ground. stay safe. we want to come back home now for a very different kind of combat, the political parlor game of who is suing whom in washington, d.c. now the white house could be teeing up a new legal battle with republicans this morning. the white house defying a house subpoena claiming immunity for one of president obama's top advisors. now, house oversight committee chairman darrell issa wants david seamus to talk about activities at the white house political office. let's get to michelle kosinski at the white house. they say it's tough to get a job as an attorney these days, but working down here, it's a good place where you are to being a lawyer. >> reporter: hey, chris, plenty of discussion lately over what is or isn't political theater around here as well as this battle that's been going on between house republicans and the president. now the republican chairman of

the house oversight committee has subpoenaed a top white house adviser, the political director to appear at a hearing over whether he might be doing political campaign activities on white house time which could be a violation of something called the hatch act. the white house has asked darrell issa to withdraw the subpoena saying there aren't any reasons given or evidence presented as to what issa thinks that this director david seamus might have been doing wrong and further the white house top advisers have immunity and seamus will not be testifying. also yesterday, the white house sent a bunch of staffers to issa's office to talk about all of this and they were, shall we say, more than annoyed that issa himself did not show up. for his part, issa says he saw this more as a meeting among staff members and what he really needs to do is question seamus directly. democrats though, including the top democratic on issa's own committee, are calling this ridiculous, false controversy and theater. michaela.

>> theater, i like that. all right. michelle kosinski, thank you so much for that. let's give you a look at more of our headlines right now. breaking overnight militants have taken control of the iraqi city of tikrit 100 miles northwest of baghdad after iraqi security forces liberated several government buildings. fighting broke out with militants believed to be from isis. they fired mortar shells, machine guns and driving iraqi forces out. this battle left more than 50 service men and 40 militants dead. also breaking overnight, at least 18 suspected militants were killed by a u.s. drone strike in pakistan, according to intelligence sources. missiles were fired from the drone destroying a compound in north waziristan. this is the fifth drone strike in pakistan this year. overnight, breaking news, a dutch court says the netherlands is liable for the deaths of more than 300 bosnian muslims in 1995. the men and boys were killed in the srebrenica massacre during the bosnian war.

the court ruled dutch u.n. peacekeepers failed to protect the 100 victims when the town fell to the bosnian serb army. more than 7,000 were killed in that massacre. sloan gibson makes his first trip to capitol hill as acting head of the scandal-ridden veteran affairs department. he'll testify at a senate hearing on improved wait times and accountability in the v.a. health care system since taking over when eric shinseki resigned in may. robert mcdonald, president's choice to permanently leave the agency, will have his confirmation hearing before the same senate committee next tuesday. jon stewart tried, but he could not get hillary clinton to publicly and definitively declare that she was running for president on his show last night. hillary clinton did offer a tease of sorts while talking about working from home in her office. >> do you have a favorite shape for that home office? do you like that office? let's say would you like that

office -- would you like to have corners or not to have corners? >> you know, i -- i think the world is so complicated, the fewer corners that you can have. >> she is promoting her memoir "hard choices," obviously appearing i think it's the fourth time now on "the daily show." we were talking about this last time, 2008. what happens then, 2008? >> there's a reason you go on a comedian show. >> that's called a pass. looking to get a pass. >> and to show some personality. >> exactly. >> but i feel you can show some personality here on the "new day" set. >> we're very welcoming. >> our desk does not have corners. >> exactly. >> good point, running for president will not be a joke. >> if she is going to take it on. >> and look who is back. >> speaking no jokes, science.

>> definite lay rough couple of days here, especial whether i all of that severe weather into the northeast. today still dealing with it, especially in the morning hours but slowly look at all the explosive storms on the entire eastern seaboard yesterday. that will eventually die down. still another round in the morning hours especially into the northeast, but, yes, finally behind. this is the reason y.look at all the cold air that will be moving in. that will really trigger the storms and now that it's moving in it will feel better temperature-wise and the humidity dropping down as well. what's left? morning hours out towards boston, a couple inches of heavy rain and towards the afternoon, still seeing a little bit of it and really not going to be the big story as much as another low that's really going to start picking up moisture from the gulf. out towards texas as we go towards the weekend, 5 inches if not more rain can be seen. let's talk about what feels good, right look at these temperatures as you start off the morning hours. 50s into the midwest. it hasn't creeped quite into the northeast. still holding on to the 70s

there and eventually that cold air makes its way in and the afternoon highs start to come down, so, yes, feeling a lot better. very rough day especially for travel i can tell you firsthand. >> no kiting. >> thanks, indra. >> and yet you're so happy to be back. >> lack of sleep, called adrenaline, maybe craziness. >> which is your way of saying so happy. >> so happy. >> i like that. >> well done. >> got to milk that one. coming up on "new day," well, science gets right with her answer. we have a big interview. dick cheney, jake tapper did it, so what cheney think of his role in the iraq war, plenty and it's all good. what does he think of president obama, plenty and it's all bad. take a listen. >> i think he is the worst president of my lifetime.

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in an interview with jake harper cheney called obama the worst president in his lifetime, but he also rejected calls by some republicans for impeachment of president obama saying that it would be a distraction and would accomplish very little. cheney also weighed in on the current crisis in iraq, laying blame squarely on president obama. >> a new "wall street journal" poll shows that 71% of the american people think going into iraq was not worth it. now, you've been out there very forcefully in the last few weeks talking about what you think is a mistake by president obama in iraq. how do you respond to the vast majority of the american public who disagrees with you and thinks vice president chainy is not the guy who should be giving advice on iraq? >> we made good decisions. remember the problem we had in the aftermath of 9/11. we with respect especially concerned about a linkage and hookup of terrorism on one hand and weapons of mass destruction on the other, nuclear or gas, but that was at heart of the

analysis. >> let's not go into the wmd. >> no, but you have to understand the problem that we face now is we're in a situation where that threat is even greater, where the spread of terrorism is significantly greater than it was on 9/11. we used to have to worry about afghanistan. now it runs all across north africa as well. >> do you think the decisions that you made, your administration really had nothing to do with what's going on in iraq right now? >> i think when we left office, we had an iraq a very stable situation. barack obama said as much. we put together a program with a surge, the decision the president made and implemented in '07-'08 and by time we left office iraq was in good shape and the plan was to have a stay-behind force to train and provide iraqis capabilities they didn't have themselves and what happened is the stay-behind agreement was never negotiated so when the iraqi force fell apart and obviously maliki bears some of the responsibility, but

obama's failure to provide for a stay-behind force is what created the havoc. >> are you saying it's all maliki and obama? >> i think it's primarily maliki and obama. that's what i believe and i believe what the history books have shown. >> you have said that hillary clinton would have been a better president than barack obama. >> jimmy carter might have been a better president than barack obama and i didn't think i would ever say that. >> she leads the back for democrats and rand paul leads republicans. how bad is rand paul compared to hillary clinton? >> we're just starting the process on our side and i've not endorsed or condemned any of the candidates yet and won't. my concern basically is to make certain that the fundamental issues of national security are addressed by our party going forward. i think that there will be another mass casualty attack against the united states, i don't know when. i think will be more devastating with deadlier weapons than the last one on 9/11. i think we have to be prepared for that, and i think we have to play a prominent role in the

middle east, support our friends, oppose our foes and we've got to be here at home very strong from the standpoint of the military. barack obama doesn't believe any of those things, and i'm looking for a candidate on our side that i can support for the republican nomination. >> your successor as vice president nominee in 2008, sarah palin, recently called for the impeachment of president obama. what do you think about that? >> i'm not prepared at this point to call for the impeachment of the president. i think he's the worst president of my lifetime. i fundamentally disagree with him. i think he's doing a lot of things wrong. i'm glad to see that the house republicans are challenging him, at least legally at this point, but i -- i think that gets to be a bit of a distraction, just like the impeachment of bill clinton did. >> all right. a lot to discuss. here comes kevin madden, cnn political commentator and republican strategist and paul begala, cnn political commentator and democratic strategist, senior adviser to priorities usa action.

kevin madden, i don't know why you're smiling. let me ask you a question. he wants to talk about the iraq war and how we got into it so it's fair to look back. i'm all for progress, but the vice president wants to look back. how does he ignore the decisions that got us into the iraq war, and do you, as a representative of the republican party endorse cheney's view that the decisions that put us into iraq were good decisions? >> well, boy, that's a lot to digest right there. >> it's a yes, no question. >> sum it up in 15 seconds. >> if i were to label this interview and sum it up i would say it was no retreat by dick cheney. he's seriously dug in on his positions. i think that he is firmly believes, as you can tell by the way he answered the questions in the interview, that in the long view of history that his view and the decisions that he made are going to be vindicated when it comes to america's national

security posture and the decisions that we made in order to ensure that posture, and i think that one of the things that he sought to do in that interview was, again, provide the context for the decisions that president bush made and that he supported in going into iraq, given the sense after 9/11 we had a very unstable situation and we had radical islamic jihadists that we worried would get their hands on nuclear weapons and the anticipatory self-defense is needed so i think he's very, very interested -- again, believes very strongly that he's going to be vindicated in the long run, and that what he's doing right now is engaged in an active litigation of those positions because he feels that right now some people inside the republican party aren't doing it and he's worried a little bit more about the rand paul isolationist wing of the republican party emerging as a dominant voice. >> he also wants to make sure,

paul, that the republican party or go-to guys on his words on national security and defense policy. now while i know you agree with dick cheney on probably nothing, and also relish the fact on taking him on almost as much as you relish the fact taking on rick perry as you did last week, what do you think looking forward, what do you think is cheney's goal in coming out and speaking out so forcefully and so often really relatively speaking right now? >> well, either he's a secret plant from my party, reminding people of an administration that they hated. when he left office dick cheney's favorable was 13%. there's forms of venereal disease higher in polls. >> stop it, paul. >> that's one option or he's a sociopath. >> oh, come on. >> damaging -- >> hold on a second. >> come on. >> no apology, no remorse. this is a man who was charged --

the first thing he was asked to do as vice president was to lead a task force on terrorism. that task force never met. the top white house counterterrorism official was running around with his hair on fire. cheney wouldn't even meet with him and the attack came. that's on mr. cheney's record. >> kevin, weigh in on the charge that he's a sociopath. >> i'm not a qualified psychologist. >> look, substantively paul can disagree with him. i don't think it calls for insults. i don't know about the disease transmission comment. i don't even know where to start with that. it's too early in the morning, but, you know, he makes his points and then he backs them up with what he believes is an evidentiary trail of reason. >> kevin, that's what i wanted you to answer. >> that's what i wanted to you answer. >> he directly answered those questions. >> he did not and i'll ask you directly answer them either. >> did i but go ahead. >> we'll talk about hillary's

interview and the path forward. >> does it even matter that dick cheney is speaking out? >> it does, because now people -- >> do people listen to him? >> we did have a good reason to get into the car. were the weapons of mass destruction ever found? >> no. >> was there yellow cake, yes or no? >> that was -- >> he say there was? >> right. >> did he have colin powell go on tv and jump on that brigade. >> chris, you know, look, you know that it's not as simple as yes or no. >> kevin is not disagreeing. >> there's no reason to litigate the past today. >> because he doesn't like it. >> we can all agree, chris, that it's much more complex than you and i engaged in a yes or no true or false dialogue on such an important issue. it takes -- in 15 seconds. >> shouldn't have gone in. >> everybody agrees now it was a mistake. he should say that. >> not everybody agrees. not everybody agrees. again, he argues the context. what dick cheney is arguing the

context of the threats that we knew at that time and after that attack of 9/11 were we able to risk the word of somebody like saddam hussein that he didn't have weapons of mass destruction and that they were secure from other radical islamists that may get their hands on it. he wasn't willing to do that. >> i'm only going to move on because kate is giving me this -- >> i am. does he have a place in the republican forward and we'll talk about that and then we'll talk about hillary clinton. >> for their sake the answer better be no. >> paul, you had your interview with hillary clinton, your friend. she's there with jon stewart, your other friend. >> right. >> he gives her a pass, okay. she winds up making a joke of whether or not to run for president. everybody laughs on his show, ha, ha, ha, because he breeds disaffection with the political process. i want to play a piece of sound that i really think examines determination about what she puts forward about what we need to do with the narrative of america and what he wants to ask about why america is in trouble when it comes to foreign policy. listen to this.

>> you know, what is our foreign policy anymore? can we expect other countries to view us with such nuance when we so clearly don't view them with nuance and with that type of understanding? >> that's a really good question because -- >> that's all the time we have. >> i know where you're going with this. >> the first question is do we even have a foreign policy anymore? she was the one who was in charge of it. no question from him about that but he's a comedian so you give him a pass though everybody says he's a news source and then her answer is, paul, you know, we have a great narrative. we've done so much around the world. helped stop world war ii and did this, nothing that she was responsible for as a big part of her pitch of what the narrative of america should be. what's your take on that? >> first off, she wrote 690 pages about the things she and president obama were responsible for. >> her answer is the past, not what she did. i commend that book. one of the things that she said that was really interesting is that we have to move to a much

more little "d" democratic foreign policy, not just leader to leader, but we have to engage people. i will say this about jon stewart, by the way, who hates my guts. he does not breed disaffection, he doesn't. i was worried about that. i teach at georgetown and one of my students a few years ago did a paper on this and people who watch jon stewart votes more. even though he hates my gut, i like jon a lot. >> i don't agree with the disaffection thing because when you make everything a joke. >> but he's a canadiomedian. >> people who watch his show vote more than they do not. >> would you put your candidate on jon stewart's show, kevin? >> first of all, i can't believe anybody hates paul begala's guts, that's the hardest thing for me to digest. >> paul it all over the place. >> you know. >> is paul a southernio path? go, kevin. >> you know, i don't think -- i

can't remember if governor romney ever went on the show, i don't think he did. i would put -- look, it's a disstill version of the news. it's not real news, but there is a way where you can engage in light hearted conversation and you can show people a different side of you. that's a lot of what some people are looking for in candidates. i wouldn't supplement it with other interviews where you can talk more about your ideas and the issues you care about. look, i sort of agree with chris, the answers that hillary clinton were just, you know, full of platitudes, but, again, this was a book full of platitudes. if this book was like the "seinfeld" of books it was a book about nothing really. >> i love "seinfeld." >> i'm loving this segment today. i don't even know where to begin with you two. >> they praised it. the "new york times" -- >> the "new york times" praised it. >> well then the discussion is over. >> oh, come on. >> we are rough tough. >> you're friends with the "new york times," begala. >> all i care about is kevin madden, would you like your office to have corners or no

corners, go? >> no corners. i've got kids. they are running into corners. you can't have that. >> so great. >> kevin madden should run for president. >> that's what kevin wants. >> he's too hand some to be president. >> thanks, guys. >> no go duke it out. >> my goodness. >> have a great day, guys. >> thank you. >> nobody answers my questions. >> they do, not the way you like and that's the problem. >> that's the same thing. >> pretty much in your mind. >> coming up next on "new day," we'll take you back to the immigration crisis. immigrant children risking everything, climbing on top of the so-called death train to get to the u.s.-mexico border. a firsthand look at their difficult and sometimes deadly journey. plus, the captain goes out the way he came in, as a winner. derek jeter in his final all-star appearance, from the fans to the players and to his performance, what a special night, all of it ahead. [ male announcer ] this is the cat that drank the milk... [ meows ]

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good to have you back with us on "new day." here's a look at your headlines. residents in three northern gaza towns are being urged to evacuate. israeli authorities are warning of air strikes in areas where rocket fire toward israel has originated. the first death in israel has now been recorded when a volunteer was hit by mortar

shell. 141 rockets were fired into israel tuesday after the militants refused a cease-fire. the death toll in gaza now tops 200. new this morning, two maintenance workers have been detained following a deadly subway train derailment in moscow. officials say they are investigating a violation of the transportation safety rules. 22 people were killed in the rush hour accident tuesday. more than 160 others were injured. european union leaders will meet today, and they will discuss whether to consider adopting new sanctions against russia. this as tensions mount between russia and ukraine. officials in kiev aquosing moscow of carrying out a deadly air strike that killed ten in ukraine. pro-russian separatists are blaming the ukrainian military for that attack. a man suspected of breaking into the kennedy compound in hyannisport, massachusetts has been arrested for breaking and

entering. ted kennedy jr. called 911 asking them to check on his teenage son and when police arrived they found the man wearing a captain america teacher. he told police, quote, he was looking for katie perry. >> that sums it up for you, folks. >> scary, families have to deal with a lot, that's for sure. >> absolutely. >> want some good news. >> yes, please. >> the captain went out on top. the american league all stars snagged home field advantage for whoever goes into the world series all thanks to derek jeter delivering a final performance for the record books. that is objectively true. not even as a yankee fan. andy scholes has it. is it true or is it true? >> i got chills watching this game. >> andy. >> hey, hey. if it's true, it's true, kate. >> if this was the final time you get to see derek jeter on a national stage, he certainly did not disappoint. jeter was leading off for the american league, and it was a very special moment when he came to the plate in the bottom of

the first. >> now batting for the american league, from the new york yankees, the shortstop, number 2, derriek jeter. number 2. >> the recording of the legendary bob shepherd introducing derek jeter. everybody giving him a standing ovation. and jeter coming through with a big at-bat with a double and in the third inning jiter comes up with a hit. came out to start the fourth inning and then manager john farrell pulled him so he could get one last standing ovation. >> it was a wonderful moment that i'm always going to remember, unscripted and like i said, i was unaware of it, but the way the fans treated me. these are fans from all different teams, and the fans have shown respect for me my entire career and to have that

moment at the all-star game was special. >> the next jeter-like superstar may be this guy, the angels mike trout, went 2 for 3 in the game including the go-ahead double, and he was named the all-star mvp as the american league came out on top. guys, a little controversy in this game. the national league starter adam wainwright came out said he might have grooved some of those pitches to jeter but jeter definite definitely deserved it. he got slammed on national media. and either way great moment for him and to come through with the "w." can throw the strike but still have to hit the double, right, chris? >> yeah, andy, and you nay sayers out there. thanks, andy. >> besmirching the captain. >> just being contrarian because you were earlier. >> with good reason. this is a bad reason about jeter. coming up on "new day," for the first time we're going to hear from the mother of that

toddler allegedly murdered in a hot car. her lawyer is begging for privacy for his client, but he's also saying more. what could be a defense for her, but does she need one? we're going to tell you coming up.

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makes my job a lot easier. [ female announcer ] over 100,000 businesses have already used zip recruiter and now you can use zip recruiter for free at a special site for tv viewers; go to ziprecruiter.com/offer5. welcome back. we've been reporting on the crisis at the u.s.-mexico border, of course. thousands of immigrants, many of them unaccompanied children making the dangerous journey from central america to the

united states in search of a better life, in search of escaping at least their life there. cnn's gary tuchman went on a stunning journal we many of them. they are literally risking everything riding north on what's known as the infamous train of death. >>. >> reporter: it is called the beast or the train of death. and it's heading north, arriving in t in southern mexico and in mexico hundreds of migrants sit on top and in between its cars. many people get hurt or killed boarding or getting off while it's moving and that's why it's known as the train of death. the train is making a pit stop, and many of the people on top of the train for as many as eight hours are getting off for food and water. this honduran man was one of the passengers. he says the ride wasn't so bad. they left honduras to find better work. like many of the passengers he's extremely hungry.

most people get off the beast to go to a nearby shelter and will catch the next train but some people like these guys up there will stay on this train because they don't want to miss this when it leaves. the shelter provides food, water, medical care and is well known among migrants who can spend as much time as they want here. 2-year-old richard of honduras is here. his foot was cut off when he and his mother were run off by one of the train wheels this when they were trying to get off. arm of his mother emily was partially detached. she pulled her son off the tracks with her good arm just before her son would have been killed. she says i couldn't believe what was happening, while it was taking place. one of the things i thought is this is god's will, it's god's will. unaccompanied children share this facility with adult migrants before they go back to the beast with the rest of the journey north. volunteers, many from the united states, help take care of them. emily is an artist, a painter, who dreamed of practicing her craft in the u.s.

i ask if she and her 2-year-old will continue their journey to the united states. >> we'll see. she says yes so none of this will be in vain. the beast will be leaving soon. guy waiting on the train right now, waiting for it to slow down enough and says he wants to go to the united states and will stay on it until he gets to the u.s. border. the journal we're train connections will take no less than 12 or so days, for many much longer, if they make it at all. once people start boarding they have no idea when it will actually start the trip to the north. starts and stops for a while while they get it back on track. i'm going to get off before it's going very fast but it's anybody's guess when it gets to the united states. getting off now because it's starting to go fast. this is a life for the very motivated and very desperate. gary tuchman, cnn. >> gary doing another one of his signature in-depth pieces of a problem that very few

understand. >> taking just a slice of the life of going into what people go through to try to get out. >> desperation is driving them out. >> and what that desperation is and why it is. >> and why they risk it all. >> some people misunderstand the motivation. they think that it's just greed or a chance at the american dream, yeah, a chance at the american dream but also fleeing the situations that so many of them can't bear. >> but how to do it. >> there is there's the conundrum. >> there are definitely two sides to how it should be done, you know, what the law is and how the law is applied, but the humanity of the situation seems to be getting caught up in lost in that. >> how to do it is the big question. >> that's exactly right. thanks to gary, great piece, no matter what your opinion is. coming up on "new day," living a nightmare, that's the statement from the mother of the toddler allegedly murdered in a hot car. she's speaking out through her attorney. we're going to tell you what's in the statement, describes what life has been like and how she felt when she saw her husband locked up coming up.

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welcome back to "new day." for the first time since her son's funeral we're hearing from the mother of a dodler left to die in a hot suv. leanna harris' attorney issued statement on her behalf that says newspapers, television and online media have fostered a

poisonous atmosphere in which leanna's every word, action and emotion or failure to cry in front of a crowd is scrutinized for some supposed hidden meaning. please allow her the dignity to mourn her son in private. now her husband, justin ross harris, has been charged with murdering their son. let's bring in attorney general and radio personality mel ivory. let's take a look about this statement and what it means with this. what's your take on the statement? >> oh, well, you know, i think that the defense attorney for leanna is doing exactly what he's supposed to do, supposed to try to paint the picture that she's a grieving mother, that this has been most devastating thing in her life and that's exactly what he should do so the statement is right on line with what a defense attorney would do trying to protect the client. of course, you know, i don't think that a lot of the statements that, you know, the poisonous word and things like that are accurate because any time that somebody is involved in a situation like this, they are going to be scrutinized, and

her actions do need to be scrutinized because they are trying to find out if her child was murdered. page, let's do this. let's play it out, okay. i'll going to be defense counsel and you be what the prosecution and all of these criticizers would have going. what is the basis for youth snizing thsniz i -- for scrutinizing this woman? what would have any value in a court of law? >> chris, everything that she said from the moment she found out that cooper was not in that car points the finger at her, at least being aware that this is something that could happen. >> such as? >> showing up to the day care, and her first thought become, oh, my gosh, he must have left him in the car. that is not a normal response for a mother. then going to talk to her husband while he's been interrogated or during a break and suggested that he may have said too much, too much about what? obviously that suggests to the prosecution that she knows something about what happened. now, i know they are combing through the evidence that they seized at this point going through the text messages, going

through the e-mails to try to find some hard concrete evidence to link up their suspicions to her. >> right now no charges. we don't know of any real evidence. let me take the other side of these just to offer perspective and mo, you get to be the judge, that when she went to the day care center and she said oh, i bet he was left in the car. my best sense on that is that that comes from an investigators who said she was worried about the possibility of her son being left in a hot car, that she told officers it was her worst fear, a lot of parent's worst fear. we don't know that it was specific to this situation. we have to know more about the context. similarly, did you say too much when she was reunitied with her husband after learning he had been charged with murder. that's according to a cobb police detective. phil stoddard, let's say he's telling the truth, say too much, maybe why he charged, that he was so upset it must be his fault. we don't have context and lastly what she said at the eulogy, the funeral for her son, bereaved in

pain. she says i wouldn't bring him back if i could. people say oh, you wanted him to die. no, she's a christian, mo, and she believes he's in a better place and that this is god's intention. now with that reckoning of it, mo, what's your take in terms of whether this is deserved scrutiny of somebody? >> i don't buy any of those things that you said. none of those reactions would be in the context of your child dying. when you arrive is and somebody said, well, your child is not here. the first thing you go what, what do you mean, where's my child? panic sets in. you're worried. has something happened to my child. there's no context to say oh, my husband must have left him in the car. it's just weird and outrageous. >> do we know if it was the first thing? >> they said that that's what her first reaction. >> it was a reaction. >> it was a reaction and then the day care worker said to her well why would you say that, why would you just say that? it was even disturbing to the day care worker as she responded

so secondly, why would you say too much when she goes to the jail? who isn't in law enforcement would even know to say something like that unless you've researched evidence to say don't say anything when you're being interrogated. doesn't add up and lastly what parent, what parent wouldn't want the power to bring their child back after something happened? if something happens to a child, what parent would beg, i'd do anything, give my own life, give anything to have my child back. >> one that believes in the promise of an after life that's better than this. >> i guess so, but put into context with the other things that she said, it's just a very weird reaction, and as a lawyer -- if a law enforcement or a judge or a jury looks at that, i think they would find that to be, you know, not so much in the context of normal behavior. >> and a reference in the letter, the attorney goes out of his way to -- to reference richard jewel. we all remember richard jewel. he was falsely accused of being

the bomber surrounding the olympics. what do you make of that, page? >> it's significant to suggest, number one, that you're rushing to judgment here. you're jumping to conclusions, but also richard jewel, for folks in atlanta, that name has another meaning. richard jewel pursued a very lengthy defamation lawsuit against the media, folks that portrayed him as guilty before there was enough evidence to convict, so in a way i think her lawyer is at least suggesting, hey, you better be careful about what you're saying, and i know we have been here and other media outlets have said she's not a suspect yet, not been charged but this is his way of sending a message is you got it wrong about richard jewell and we think you got it wrong about leanna harris, too. >> i believe the best way to do these stories is test what's out there on both sides, bringing in strong people like yourselves to be able to test what's out there and give the audience the best sense of what's happening and then see what investigators find, but you do have to be

careful here and also important to know what's not in this address from the lawyer. there's nothing in there supportive of the husband which was also remarkable. >> that's very true. >> page, thank you for laying it out there. mo, thanks for throwing me under the bus, not giving me a single point on anything. as we continue to try to make sense of this situation. i may not have done as good a job as her lawyer will do going forward, but this is the universe effect as we understand it right now. thank you very much on this. this is one story, what happened to this baby in this hot car, and why we're going to keep following it. a lot of news as well so let's get right to it. hamas has to stop all rocket fire against israel. >> we are the side who is being killed. >> there are great risks of a potential and even greater escalation of violence. >> none of you are born here! >> they are spending that much to spend the money on illegal

aliens. spend the money on americans first. >> one of the nation's most famous and outspoken undocumented immigrants detained. >> i dare any congressional member to look at the eyes of these children and tell them that they are going to be sent back. >> good morning. welcome back to "new day." we begin with the violence in the middle east. israel is now telling residents of northern gaza leave for your own safety, and ignore calls from hamas to stay put. the israeli military is getting ready to hit those areas they say in order to take out hampias rocket launchers there. 141 rockets fired tuesday. israel suffered its first fatality of the conflict. however, in gaza the death toll now tops 200. the conflict shows no sign of slowing. karl penhaul is back in gaza for us this morning. karl, what's the latest from there? >> reporter: and it's not only northern gaza that's under threat this morning, chris. also these neighborhoods behind me in eastern gaza.

there, too, the israeli military dropped leaflets and made automatic phone calls known as robo calls to civilians to get out because they would be in the path of danger, and they have been in the path of danger because throughout the course of the morning we have seen repeated israeli air strikes, f-16s screeching through the air anding bombs into those areas. we've seen at least 12 air strikes. that's not stopped the hamas rockets. those strikes have not been pinpoint enough to hit the hamas rocket launchers because from a single launching site at one point in the morning we saw eight rockets at least going out from there, heading off towards israel. so this fight is still very much going on. the civilians are the ones bearing the brunt of this. i saw a man moving his entory family out of his home from this neighborhood on a donkey cart. when i looked him in the eye and said are you afraid for you and for your children, he looked me in the eye and he said i'm not afraid. i feel we're already dead.

back to you, kate. >> unbelievably desperate situation for the citizens there. thank you so much, karl penhaul in gaza for us. let's continue this discussion with the executive director of the palestine center and the jerusalem fund. it's good to see you again? nice to be with you again. >> so let's talk about kind of where things are at this point. we have the cease-fire proposal from egypt. israel signs on to it, accepts it and hamas keeps firing. why do you think hamas kept firing? >> well, you know, we saw some very interesting reporting yesterday in the israeli media that revealed the back story to that entire diplomatic conversation, and it turned out that the parties in gaza were never presented with the cease-fire agreement but rather it was an agreement made between israel and the egyptians, but there was no consultation with the palestinian factions in gaza, so obviously that's not

any serious way to get an agreement here. you have to have the parties involved in the hogs tilts actually aware of and consulted in the terms of the agreement, so i think we saw that happen in the past. we saw that happen in 2012. we saw that happen in 2008. so there's obviously a formula there, but what we saw yesterday was not that at all, and that's, of course, why that cease-fire was not successful. >> yeah, i mean, you definitely saw hamas -- hamas leaders came out and one of them even called it a joke. i do wonder what is the view of the palestinian people in gaza of hamas rejecting a cease-fire or not taking part in the attempt of a cease-fire if israel had just stopped firing even for i think it was like six hours. >> i think the important thing to remember here, and i think this is a view shared by many

palestinians in gaza and elsewhere is that when there is a cease-fire, and, again, we saw this after 2012, the fire on gaza does not necessarily stop. in fact, after the 2012 cease-fire before the next projectile was fired palestinians were killed and injured in the gaza strip by israeli fire. >> yeah, but what about this time? >> again, they don't want a cease-fire that repeats previous instances where the world turns the attention away from the gaza strip and the siege of the gaza strip continues and israeli violations in the gaza strip condition. i think what they want is a cease-fire agreement that addresses the real problems that they face and the system of violence that is this siege, that is the occupation, so that it can be a genuine cease-fire agreement that brings an end to hostilities, not just from one side. >> the egyptian president is hosting the -- is hosting palestinian president in cairo

today, and i do wonder though what can come of those discussions if -- if abbas doesn't have sign-on or support from hamas. >> well, obviously i think you need to engage the parties involved, you know. it's important to remember that there has been a reconciliation agreement between palestinian parties, and so there are, of course, relationships between mahmoud abbas and the other parties in gaza that are currently involved in the belligerency including, by the way, the al aqsa martyr's brigade which is affiliated with the fatah party, mahmoud abbas' party, so, you know, there's definitely channels there that could be used, but they need to be used effectively and used with genuine intentions to bring a cease-fire about that also genuinely addresses the problems that palestinians face in gaza under the siege. >> is it clear to you right now who is leading hamas though

because we had two different reactions to the discussions of a cease-fire yesterday when that came out. i mean, there seems to be a divide, a long-standing divide between the political wing of hamas and the military wing. if they can't be on the same page, then how are they going -- get to any point of agreeing on a cease-fire? >> there is, of course, a political wing and a military wing for hamas as well as for other factions in the gaza strip, including islamic jihad, including a number of other parties which span from islamists to nationalists to secularists, by the way. and so there are a number of different players here, but in the past we have seen that when a genuine cease-fire negotiations are undertaken, that hamas and their leadership in the gaza strip is able to bring others on board, but they have to be able to give something to those factions as well, including guarantees that a cease-fire would be genuine and would not result in the

continued violation of that cease-fire through firing, for example, on fishermen and on farmers, extra judicial assassinations by the israelis and so on. so there's a lot of players here, a lot of politics involved, and, unfortunately, just trying to impose a cease-fire without consulting the people who are actually involved and dealing with the interests of the people on the ground first and foremost is not going to provide security or safety for anyone. >> yousef, thank you so much for your time. >> thank you. >> of course. >> chris? >> all right. we want to direct your attention to another urgent situation that you have to follow today. you know, the acronym nimby, not in my backyard, but it's been taken to an entirely new level because of these migrants that have shown up on america's doorstep. many of them are children, and they are in a lot of border towns. now one town in arizona is the latest epicenter of the crisis. protesters for both sides squared off in oracle, arizona,

after learning buses of undocumented children were expected to arrive there. now, they may have learned this from local sheriff paul babieu. he was at the rally and some accused him of stoking that angry crowd there. he joins us now. sheriff, thanks for joining us this morning. good to have you on "new day." >> thanks for having me on, chris. >> all right. the general proposition you is share the frustration with many in state and local government that you don't want these kids, yes? >> well, it's not just the kids as we have enough issues and concerns here with drug smugglers and with the 123,000 illegals that were apprehended in this sector alone just in one year, so, yes, we do have our hands full here in arizona. >> sheriff, they are not being released into your community. they are going to be held, detained. is it misleading to say they are going to add to your troubles when they are not going to add to your community?

>> well, we have no information to lead me to believe one way or the other, and that's where i've asked the question. it's never been answered, and this supposed to be a republic with a transparent government, and not only do i have questions, legitimate i believe from a law enforcement and public health perspective, but certainly the citizens of the county who live there, want answers because these individuals, these unaccompanied juveniles that are in texas, are being sent not just here to arizona, you mentioned nimby, what about every community throughout the southwest or wherever these young kids are going. i think it would help because it's a national issue is to answer some of these concerns and these questions just as secretary johnson testified before congress last week that in fact his direction was that all of dhs, department of homeland security, would coordinate with local and state

officials. that hasn't been done. so i -- i believe i have a legitimate concern and complaint. i've been criticized from both sides, and so where's the federal government in this discussion to answer these concerns as well? >> well, i understand that issue, but you do seem to be blowing it out of proportion a little bit. you say they are going to hurt my community. you don't know that. you say i don't know where they are going to be kick. you know the sycamore canyon academy has agreed voluntarily to take them and expand its staff so that's not an open question and you told the protesters where the buses were coming in. you could have created a dangerous situation. most of the people coming are kids. don't you think that was a little risky? >> not at all. if you know where oracle, arizona, is, and where this location is, there's only one road to get in here, and what i did is talking to all the organizers and protesters, i did this myself, not only asking for calm, trying to set up two different locations, and the

members of the community have not only legitimate concerns, they want to be heard. everything went fine yesterday outside of arguing. >> it may have gone fine. >> you didn't help it stay calm. take a listen to what you said just so everyone else knows. take a listen. >> this is where the federal government is sending 40 to 60 unaccompanied juveniles, do you think they should be here to answer, to talk about that? >> yes. >> and this is where that needs to be discussed. >> i'm not saying you don't have a legitimate question, but that's not keeping the price. that's rileying up people there who are already angry and i'm sure you understand that. i just want to point out a couple of things you said and see if i can get some clarification on it. >> sure. >> you draw another legitimate issue. >> absolutely. >> some of these kids are gang bangers, ms-13, one of the most dangerous gangs in the world. >> sure. >> there is reason to suspect some may be there, but you're talking about tens of thousands of people who are here now, many children. why paint them all with that brush? why prejudice this population

with what may be true just about a few? >> well, and here you mischaracterize what i said, and i qualified those remarks. we know for a fact that through screening in texas that there have been documented cases. i said i don't know how many there are. i don't know what this population -- >> many of these have infiltrated. many of these have infiltrated. >> right. >> it's very clear a lot of these individuals have been coached. >> no, it's not very coached. >> you said it. >> i agree with you. >> that is clear. those -- those are -- absolutely, and so this is where -- how is it that we've arrived at this place in america where guys like myself and other americans who are paying the bill, right, if you're sending people into not just my county and my state and we have 60,000 and what is expected by the federal government's estimate, 90,000 unaccompanied juveniles, their very hope was realized when we took them in. nobody was turned back and what

i believe, and i think a lot of americans would agree, is instead of accepting these 90,000, they should have -- the humanitarian way to address this is reunite them with their families and their country of origin because this 90,000 is going to be hundreds of thousands. >> nobody disagrees with that. >> why aren't we doing this? >> because you are an officer of the law and you know, i hope, what the law says. these people have to be processed. they have to get their day in court. have you to find out if they have a grounds for asylum or not. you know that's what the law calls for. you could change the law, but that's the law, and you're getting 40 to 60 people and you're scaring people about gangs. >> yes. >> you're rileying them up about the government. >> that's not scaring people. >> you're distracting them about the plan from obama. saying this $3.7 billion, it's a waste. it's going to exactly what you say you want, more judges to process and more border security. >> let me respond. >> please, please. >> it's absolutely not. you know, here, you don't know the situation on the ground

here. we just arrested eight cartel scouts on mountaintops in my county. this is america, and the fact that we have -- >> do they have anything to do with these 40 to 60 kids? >> absolutely. >> how do you know? >> you said -- >> the problem before with the cartels. >> yeah. >> in the fact that we have hundreds of thousands -- not just the unaccompanied but regular illegals, and this is where i have asked instead of not just spending this $3.7 billion to address this issue, why don't we solve the core issue. the core issue is this is an unsecured border. >> right. >> and i think most people would agree. >> absolutely. >> if you want to get to the discussion of not just the humanitarian issue but the long-term issue of the 11 million to 20 million illegals who are here, secure the border first. >> secure the border. >> and then you won't have the dispassionate -- >> 1.5 billion goes to border security. >> 1.5 billion in the plan goes to border security, cracking down on smugglers and

transportation costs. >> this is not going -- this is not going to secure the border because there's no enforcement of the law. when we have illegals who are deported 10, 12, 15 times that my deputies are encountering on a daily and on a weekly basis, that in law enforcement we call a clue. the law is not being enforced when it comes to immigration. >> that's true and it has to be addressed. >> the law applies to you and me. >> that has to be addressed. >> do you address it by veilanizing these kids. >> i share information. >> i'm asking questions. >> you're writing them off as gang members. >> there's no response from the federal government. >> i understand you're frustrated with the federal government. >> chris, i had a town hall with 300 -- i had a town hall with 300 of these local residents. >> right. >> answering the questions that i didn't have a lot of information. this information was promised by the federal government. >> right. >> and there have been no

response. >> but you're painting them as potential -- >> i'm the one who is on your show -- >> you're painting them as potential gang themes, that's not good, okay. we both know that. you haven't even met with some of these kids. >> some of these are potential gang members. >> i know. >> but you're making it sound like it's a given that you're going to get new gang bangers in your community, you know that. you know that that's how it's coming across to many people. you haven't met with the kids. you had an opportunity to do that. >> then answer the questions. no, i did not -- that's not true. >> you said you had an -- i haven't even had an opportunity. >> you said you had an opportunity. >> these people have never come to oracle, arizona. >> didn't you say, and i have it here in front of me. >> there are no unaccompanied juveniles in -- >> you said you had a chance to go and meet with some kids but it was cursory so you didn't take the opportunity. >> no, what i had said in nogales which is three hours away from my county is that there was a processing center.

they denied me and everybody else access to that facility for over a week and then nobody got to meet with any of the kids. all you did is go out in the lobby and look at the facility, and that's where at that point nobody went to this facility. my concern is not only my county. i don't work for the rest of the country, but i'm telling you that a lot of people are upset, and you mentioned nimby. this is like this is going to go on in counties all across every state in the southwest, and if this is a pr disaster, not for me from the federal government. there's -- there's not a better recipe for disaster than rolling it out this way with a lack of information, not calling the local officials, and providing information. if that more than anything would de-escalate everything. >> assuming all of what you just said is true, the frustration, the lack of communication, the lack of coordination i still have this fundamental question. >> yes. >> do you think you're making it

better by villainizing these kids? >> do i have a right to know who these kids are? >> yes. >> but you don't have a right to suggest who they are when you don't know. do you have a right to suggest who they are when you don't know? don't assume that they are gang bangers. >> we do know by fact -- well, we know for a fact through the screening in texas that sum number, we don't know what the number is, not just that, we had our own experience here 300 to 400 violent criminals, we do know for a fact were released in my county a year ago, so this is my experience and i'm speaking from my perspective in my county and my job is to protect the families of my county, not to protect the families of central americans. >> i understand. >> but you know that these kids are going to be housed in a facility and won't be housed in a community. don't fear monger, have a lot of legitimate issues law enforcement and political. >> then answer the questions, you know, the federal government

should be answering the questions. >> i agree. >> and that would disarm everybody, not just me, but everybody. >> i agree. >> i'm not the villain here. >> i'm not saying you're a villain. you're a sheriff and i respect that, but i'm saying we don't want to villainize the kids either. please stay in touch with us. let us know what happens with your request to government. we want to get your information. >> all right, chris. >> sheriff babeu, thanks so much for joining us. >> an indication of how heated this ongoing debate and crisis s.chris, thank you so much for that. let's give you a look at the other headlines. breaking overnight. another major gains for militants in iraq as they take the major security of tikrit. iraqi government forces hadry taken government buildings but militants returned fire with mortar shells and machine guns, killing more than 50 iraqi soldiers and driving the rest out. the militants are believed to be from isis. cnn has learned that negotiations between western powers in iran over the

country's nuclear program are likely to be extended beyond the july 20th deadline. secretary of state john kerry will meet with president obama and congressional leaders this week and will likely recommend the extension which could be limited to a matter of weeks. secretary kerry says there has been progress on key issues on a proposed deal to freeze iran's nuclear program. the director of the centers for disease control expected to testify before a congressional panel today. dr. readen will answer all questions about incidents in which dangerous pathogens were mishandled at cdc labs and if charges of a cover-up after dangerous strains of avian flu was accidentally sent to an agriculture lab. the cdc closed several labs in response to the recent breaches. those are your headlines. >> thanks, michaela. >> in problem. >> pulitzer prize winning activist behind the cnn film "documented" now free after being detained by border patrol. we're going to speak with a

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but parallel parking isn't one you do a lof them.ings great. you're either too far from the curb. or too close to other cars... it's just a matter of time until you rip some guy's bumper off. so, here are your choices: take the bus. or get liberty mutual insurance. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. see car insurance in a whole new light. call liberty mutual insurance. welcome back. possibly the most famous undocumented immigrant in the united states, he has been released after being detained by border patrol.

jose antonio vargas, journalist behind the cnn film "undocumented" he was trying to board a plane when detained. you can see him there. officials let him go, never been arrested before and did receive a notice to appear before an immigration judge. joining us now is a close friend of vargas, also an undocumented immigrant. tonya, thank you so much for your time. >> thank you, kate. >> of course. want to first get your take on what happened yesterday. >> well, i think it's a firm testimony that our south texas border is already secure. if it won't be jose antonio wouldn't have been detained. we have been living in this situation for many years, and you have to take jose antonio to come down to the rio grand valley for people to realize the situation which we live in. >> when you put it that way, did joss know that this was going to happen? didn't he have some idea that

this was going to happen? was this a publicity stunt? >> no, no, no. when jose antonio came down to the rio grand valley, it was because minority effort counsel and united we dream, we invite him to come and be part of our vigil that we had in honor of those central american kids that are coming in, and when he came down, i remember telling him jose antonio, how are you going to get out, and he said what do you mean how am i going to get out? and i was like, yeah, we have border patrol at the airport, and he said, no, i travel all over the place with my filipino passport, so i -- i know that this was not a political stunt because i witness him. we cried together that night when he realized that he might have had a little more trouble getting out of the rio grand valley and sure he did. >> yeah, i mean -- >> this is part -- >> this is something that you live with and deal with.

you know the situation at the airport. did you not -- did you try to warn him beforehand because you had invited him down there? >> no, because i didn't invite him. it was through united we dream network. he had never been to the rio grand valley. united we dream have never been to the rio grand valley and when they invited him they didn't know what they invited him into. it was an eye-opening for all the d.r.e.a.m. undocumented movement to realize the area in which we're in because we're in this cage. we can get out of the segregated space that separates us from the rest of the united states. >> you're in a very similar position. you are undocumented. you came here when you were 14 years old. you're in this situation. i've seen -- you described it as being in a cage. if you leave, you won't be able to get back in. are you risking your situation now by speaking out so publicly just like jose?

>> possibly i am, but i think we're all tired of being undocumented so i am here standing for my community. i am here defending my community because it is time that we're liberated. it is time that president obama grants us administrative relief. it is time. the time is now. we're tired. we can't be living in this situation anymore, and so i will continue fighting for my community regardless of the consequences. >> i want to ask your take on one of the -- there are a couple things going on, obviously. the immigration crisis that has been percolating for a very long time, your situation fits right into that, but also the current border crisis that the administration is facing with this surge of undocumented children that have come over the border. i mean, you are asking the president for action, but the president has said that many of these children that have come over, they are going to be sent back to central america. they are not going to be able to stay here. do you agree with that? do you think that's the right

thing for the president to be doing? >> why are we going to send them back when they are refugees in they are flying for their lives. i believe that the united states is a nation that embraced peace. this is a nation that embraces being able to provide refuge to those who need it. at least on this land, and so if they are coming in because they are feeling afraid in their home countries, why don't we embrace them? we're a nation of immigrants so let's welcome them in because i believe we have space for everyone. >> well, that point, there's the space for everyone. there are a lot of people that would disagree with you. even the president and his administration have said that they do not want to send a message that the border is open and anyone can come here. anyone can send their children here because it's dangerous what they are trying to do even to get in. >> well, how would a mother be

feeling right now if they are sending their children to the united states and that dangerous trip rather than have them being killed by gang members? i think that mother's despair is very much. i think that for a mother to be able to make that decision -- >> do you think also the message should be don't send your children because they could die on the way here and be abused and assaulted? >> i think -- i think that the root of the issue is being able to go back to the central american countries and being able to determine what is the root of the issue. what is the cause of the problem? if we're able to go to other parts of the world to determine what's happening there, why can't we do the same thing in central american countries? is it because the level of poverty is too low that the united states does not care? is it because that they don't have something at stake? they are humans, too. >> tania chavez, thank you so much for your time. >> later this morning we'll

speak with jose antonio vargas himself. he'll be joining us to talk about his situation now. he's spoken out. he's the filmmaker, become very famous for his situation. why he was detained yesterday and what's going to happen to him now. >> and his take on what are some really straight line questions in this situation. he laid them out there well to his friend, and we'll see what his answers are as well. there are questions that will have to be answered by the next president, and that takes us to our next topic. when we come back on "new day," an office with no corners. that was hillary clinton still playing with the all-important question of whether or not she will run. the tease continues with her friend jon stewart. "inside politics" takes it on. ♪ ♪

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boy oh, boy, to say there's a lot going on in politics is a gross understatement so let's get right to john king with "inside politics" on "new day." hello, sir. >> good morning. good morning, chris, good morning kate and michaela. no sleepy july. sometimes washington shuts down in july. not this time and lots to talk about. here with me is "the atlantic's molly ball and raj from politico. martin o'malley last week made a lot of headlines and thought here's a 2016 democratic contender trying to get to the left. he said this, we are not a country that should turn a

country away and turn them back to certain death. that was last week, and now though the site been proposed in west maryland. graffiti put on that site as a sign of protest and a democratic source telling cnn yesterday the governor privately said please don't send these kids to western maryland so the question is, molly, not only is he going to be asked but he's not running for re-election. if not western maryland, where. what does the governor have to do now? >> this is the situation. you know, it's been very easy for martin o'malley to get sort of a lot of good press and free press for sort of being out there and doing things that hillary clinton is not, admitting he's looking at 2016, going to iowa and the rubber chicken circuit and taking these popular liberal positions with the democratic because but he is the governor and clearly someone in the white house didn't appreciate that little foray into that issue and now he'll have to answer for whether that

was the case. >> to molly's point, governor branstad of iowa, hicken looper saying not in my backyard. eric garcetti said i'll work with the federal government and church and non-profits, we'll find a place for some of these children. if you're martin o'malley and running for president and lay this out there, what do you do now to try to clean it up? >> you have to be a little bit clear on where exactly you think the immigrants will go. what's interesting here is the warning side, warning shot that's been leveled at martin o'malley. there are a lot of pro-democratic forces that are not happy with o'malley trying to run to the left of hillary and flirting with the presidential bid right now, and the reason why this was leaked, i'm sure, pause they don't like the fact that he's doing that, and if he is going to run, the pro-hillary forces will come out even more aggressive against him so martin o'malley has to clean up his mess and explain clearly where he wants the folks to go

because right now it looks like he's being hypocritical. >> dick cheney is a very provocative guy. he says at some point this country will face a terrorist attack much worse than 9/11. he says he believes barack obama is the worst president in his lifetime. why does he say all these things? well, here's how he explained it to cnn's jake tapper. >> i'm 73 years old. every day i get up as a gift. i was in end stage heart failure two years ago, got new heart, that does wonders for your attitude, but from my perspective i feel very strongly these things need to be said and if i don't say them i don't know who else will from the standpoint of the republican party or someone with my background and experience over the last 40 years. >> if he doesn't say them, no one else will. does that mean he has great courage, or does it mean that he's a lonely voice? >> well, i think he is a bit of a lonely voice these days. you know, at a time when sort of the rand paul position on foreign policy has gained

increasing traction within republican party, there are fewer voices defending the legacy of the bush administration and particularly a lot of the unpopular foreign policy positions that dick cheney pushed very aggressively, and so, you know, he does feel like a man living on borrowed time. he does feel like he has a responsibility to defend that legacy and, you know, time will tell if history agrees with him on it. >> he is an interesting point. i had a conversation a couple years ago 9/11 at the vice president's residence where he essentially cut a deal with george w. bush, that he was always going to be the worst case scenario and he said as time pass and people started to forget 9/11 that people would just get more relaxed. they would view these threats less seriously and i said that's like the dark side. he laughed about the darth vader reference and he said he would always take that position because somebody had to. it's a bit bizarre, but -- >> and the timing works pretty well for them with the violence that's happening in iraq and questions about what the president has done in withdrawing forces from there,

so they sense that there's an opening, and clearly after the senate primary, when his daughter ran and had a roque bid and had to get out of that race it's an opportunity to reinsert themselves into the national debate and potentially if liz wants to run for another office this could be a way in. get her back on the national stage, and clearly i'm sure this has something to do with that. >> provocative whether you like his politics or don't. more of that interview at cnn.com. asked the question by jake specifically, hillary clinton or rand paul. said he's a republican and didn't answer directly. dick cheney is not going anywhere. another republican, this one offering advice to hillary clinton. hillary clinton might not want to take advice from michele bachmann, the tea party favorite, minnesota congresswoman, but she is looking at what is happening of late and she says hillary clinton should be nervous. >> i think that if i was mrs. clinton i'd be extremely concerned with what i see, and it's interesting. what i'm seeing in all of the

national journals, it's a swoon fest right now over elizabeth warren. they are just salivating over her because she represents a very progressive view. people want to go that direction, and i think there could be trouble. >> should hillary clinton be paying attention to that? >> well, i'm not sure if elizabeth warren is going to run, but i think what hillary has to realize is that there is this populist very anti-establishment anti-big institution forces on the left flank, and it doesn't necessarily coincide with the clinton centrism that dominated her.'sadministration and which she has tried to show in her time in office, so that is certainly a feeling on her left, that she will have to worry about, but i'm not sure if it's going to be elizabeth warren necessarily challenging. >> not sure if it's elizabeth warren but a new group ready for elizabeth warren, a relatively

modest group. is michele bachmann right to the idea that hillary clinton should be looking left a bit more nervously? >> the interesting think if you look at the polls, not only does elizabeth warren not make a dent in the formidable support hillary has among democrats but liberals like hillary more than any other group. it's the liberals in the democratic party who most want her to run so this idea that she's alienated the left flank of her party doesn't seem to hold up, at least in the preliminary opinion data. you do see hillary talking about elizabeth warren's issues, and if you believe what elizabeth warren says at face value that's what she really wants is not to be president herself but to get these issues in the arena, to have those issues of income inequality talked about by the candidates to have the candidates address them and hillary is doing that. >> and having elizabeth warren out there so high profile, pulls hillary a little bit their way and keeps their candidate in the race. >> they know those forces are

out there. >> manu, thanks for coming in and mole, thanks for coming in. mentioned hillary clinton. as you guys noted she went to see jon stewart, a lot of questions and a lot of laughs including she's unemployed. a lot of talk about her speaking fees and doesn't have a job. what about a home office. >> i think no one cares. just want to know if you're running for president. do you have a favorite shape for that home office? do you like that office? let's say would you like that office -- would you like to have corners or not to have corners, i don't know. >> you know, i -- i think that the world is so complicated, the fewer corners that you can have. >> the oval office has no corners, has a nice rose garden, just saying. >> true. our desk, as i keep pointing out is also oval, so maybe that's

what she's looking for. >> she's setting herself up for the biggest anti-climax announcement to run for president ever. >> at this point she's running until she tells us she's not. that's policy. >> that won't be breaking news, is that what you're trying to say? >> we'll throw up the breaking news banner. >> coming up on "new day," the woman accused of killing a google exec heads back to court today. a new look at incriminating evidence that investigators are poring over. we're working deals all day. you get 10 gigabytes of data to share. what about expansion potential? add a line anytime for 15 bucks a month. low dues... great terms... let's close. introducing at&t mobile share value plans... ...with our best-ever pricing for business.

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welcome back to "new day." a prostitute accused of killing

a google executive is in court today. police say alix tichelman injected larry hayes with a lethal dose while on his yacht. tichelman is shown finishing a glass of wine and then stepping over hayes' body as she leaves. joining us now cnn legal analyst danny cevallos and legal analyst joey jackson. gentlemen, good to have you both with us. why don't we start with you, danny, good morning to you, darling, both of you. her arraignment is today. how do you defend her, dan? >> well, the key is going to be the video. without the video this is actually a defensible case because the prosecution is going to have to prove not only that she brought the heroin that she was holding but that she she somehow assisted him in injecting it and the video must show that pretty clearly. i've read the criminal complaint, and the prosecution clearly feels confident that they can prove she was injecting, she was carrying and she possessed the heroin. >> do you defend her the same

way, joey? >> here's what i would also do, michaela. the fact is that the defense has to play big on the nature of this relationship. this was something that she didn't come there with any intent for this to happen. this is indulgence gone bad. this is a voluntary person, the defense will say, who came. the father said, look, i want to higher a prostitute. she voluntarily came and as a result of that things went bad. >> right. >> and with regard to her past conduct, you know, we want to get out if you're the defense any allegation of that georgia issue. you heard, of course, not only california but they are looking into allegations in georgia. you want that out of any trial, and you certainly don't want the judge considering that, and finally, michaela, regarding her closing the minds and stepping over the body. the defense was to say how was she to know he's dead and when you party and you're injected with heroin that's how people appear. my client had no idea he was dead. >> super unsavory details.

there's an eerily similar situation in georgia, a guy by the name of dean riopell overdosed on heroin. it was ruled accidental but those investigators are saying, wait, wait, wait. she was there and the one that called 911. hard to defend when you see a case very similar to that one. >> let's just play the numbers. first of all, the implication she's some kind of serial numbers. numbers alone, serial killers is rare and female serial killers is even rarer. what's more likely we're dealing -- maybe she runs fast and loose with some bad heroin. there's been a lot of talk, phetnol is a popular drug to cut heroin. it's very dangerous. people can't regulate the doses and often overdose. this may be a highly disorganized person who is carrying around a lot of bad

heroin. >> you make a good point. joey on the other side put your hat on for the prosecution. what do they have to do for a defense against danny. >> what they will say is look we have a video. in the video we see the injection. we see her callous actions. we see her stepping over the body. we see her looking to see if he's responsive. this is not her first rodeo. this is what she does. she knows when a person is unresponsive. we'll try to get that georgia case in and establish prior conduct. how does someone leave and close the blinds so that nobody detects the body and how does somebody clean up the crime scene and sip wine while someone is unconscious. this person knew what was happening and therefore, says the prosecution be convicted of felony manslaughter. >> you know he means when it he throws his shoulder in it. her arraignment is today. we have to see what happens.

>> thank you. >> good look at both sides there. coming up on "new day," the phone call that can only be described as epic. a customer service rep does everything but cancel one guy's cable. hear it coming up. you probably all had a call almost exactly like this. ♪ please don't go hey pal? you ready? can you pick me up at 6:30? ah... (boy) i'm here! i'm here! (cop) too late. i was gone for five minutes!

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♪ yes, oh, yes. it is being labelled the worst customer service call ever. comcast service agent would not let a customer cancel his service. would not.

putting up an aggressive fight to keep his business. the customer recorded part of the call and posted online and of course it went viral. nischelle turner is here. >> amazing stuff. first of all i would say putting up a fight is an understatement. this crazy, generally i don't like to irritate people when they are waking up. i'm sorry. you have got to hear this call. listen. [ telephone ringing [ >> why do you think you don't want faster internet? >> help me understand why you can't just disconnect us. >> the customer service nightmare everyone is talking about. tech journeyist calls comcast to cancel his service but instead of politely obliging him the customer serves rep hounds him in a circular argument. >> the way you can help me is by disconnecting by service. >> how is that helping you. >> because that's what i want. >> why is that what you want. >> because that's what i want. >> block said he and his wife had been on the phone already

for ten minutes before this eight minute recording even begins. the rep aggressively ignores block's request, repeating questions, refusing to accept his answers. >> i'm here. you've been a comcast customer. clearly the service is working gate for you. you weren't having any problems. what is it that's making you want to change that. >> we want to do that. >> why is that what you want to do that. >> that's none of your business. >> more than two minutes later the rep still insisting on wanting to know why he was leaving the number one provider and berating him for wanting to switch. >> why don't you keep what you know works. >> please proceed in disconnecting the service. >> you don't want something that works. >> i guess i don't want something that works. >> nearly 16 minutes into the call explaining that he's not trying to argue just trying to help. the rep finally concedes. >> i'll disconnect your service.

okay. >> fantastic. >> edging up to the 17 minute mark and the sales pitch doesn't end there. >> what about those services. are you not wanting? >> your done? ? >> you moment ago said you would disconnect our service. >> finally, 18 minutes in. >> i'm just going to wait until you confirm that we cancelled services. i'll hang up here. >> you're disconnected. thank you very much for being a part of comcast. have a wonderful day. >> so comcast issued a statement saying they are embarrassed,. she also added the way in which our representative communicated with him is unacceptable and not consistent with how we train our customer service representatives. we're investigating this situation and will take quick action. my nerves are bad.

but i'm watching chris' face during that whole thing and he's -- >> i've had a different experience. first i can get them on phone, they won't help me. >> don't go there. >> this guy was a really zealous representative of the company. he was trying to sell their service. >> you sound like management. >> i would have hung up. >> customer service. >> really. >> the guy said is this for real? am i being punked? >> thanks, guys. >> coming up on "new day," immigration protests are spreading all along the western u.s. we'll breakdown the latest flash point but the activist and pulitzer winning journalist was detained when he went down there. we'll speak with him about what happened and what he thinks will happen next.

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call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance. >> good morning. welcome back to "new day". it's wednesday, july 16th, 8:00 in the east. we begin this hour with the mid east crisis. in northern gaza residents are being urged to leave their homes israel warning them they will be in danger if they say. israel is going after hamas with air strikes in these populated areas as militants continue to fire roberts on israel with no

apparent intent of slowing down. is the hoech a cease-fire comple completely out of reach? you've been reporting for us. what toes it took like today, wolf? >> reporter: it still looks very, very gloomy if you're on the ground whether here in southern israel, not far from the gaza border. it looks very, very gloomy. if you're in gaza, especially in northern gaza where the israelis have been warning residents get out because they want to go after where those rockets and missiles are launched from sites in northern gaza there's no let up at all despite there might be some behind scenes effort in the cease-fire. moments ago i was driving here with our crew. we were driving here and all of a sudden a hamas rocket came in and we caught it on tape. watch this.

you can hear the sirens. you can hear the sirens now. you can see what happened over there. there was rockets coming in. the iron dome anti-missile system goes up. knocks off those rockets. and that's the aftermath. you see the smoke. we got the all clear now. a lot of the cars, we were on this highway, a lot of the cars pulled over to the side to watch what happens and now the traffic is resuming. just a few moments later we started driving away and all of a sudden maybe 100 yards from where we were standing we saw the smoke and residue of where that rocket or the remnants of that hamas robert had landed. it was in an open field and no one hurt but only maybe about 50

feet or so from a major intersection on the road leading to here. it potentially could have caused some damage. this one in particular did not. >> the volley of rockets continues to go back and forth. but, wolf, you also had time to spend some of your day with the israeli air force. what are you hearing about the consideration, the option of israel expanding its military operation? >> reporter: that air war, if you will, the israeli air strikes are going to not let up at all. if anything i suspect they are going to intensify, unless there's another cease-fire and maybe there are some efforts behind-the-scenes. we know the egyptians are very much involved. maybe they will achieve something. israelis would like to destroy as much as hamas military capability as they possibly could before a cease-fire. hamas, from their perspective they want to cause some casualty, cause some damage here in israel to show that they've

achieved something from their own perspective. so i think that it's going to intensify. when i was there at the israeli air force just a little while ago, earlier today, not with an israeli pi pot, met with a drone operator, the israelis are flying a lot of sophisticated drones over gaza to find reconnaissance. we'll have more on "the situation room". it's a tense situation. diplomats may be coming up with cease-fire again. maybe there's some hope. i don't see it at least not yet. >> so many ifs, so many maybes. no one has a suggestion of what's going to stick at this point. wolf blitzer is on the ground for us. you can see wolf later today at 1:00 p.m. in "the situation room" and at 5:00 p.m. eastern. >> here's another situation. small towns near the u.s./mexico border sending message to children in limbo.

you are not welcomed. first protesters in murrieta. a new flash point is developing in oracle, arizona. children were supposed to be transported. they weren't. the idea of them coming sparked an angry mob a symbol of the immigration fight. jose antonio vargas was detained at a texas airport. let's bring in anna cabrera. what do we know? >> reporter: you get the feeling that this immigration crisis at the borer could be nearing a tipping point. so much has happened in the last 24 hours. we had the detainment of jose antonio vargas. we saw more emotionally charged protests breaking out all over the country, concerns, frustration, sentiments of hate are mounting. this as lawmakers still can't agree on a solution. a bold statement in the immigration battle at the border. one of the nation's most famous

and outspoken undocumented immigrants detained in texas for several hours on tuesday. >> i'm an illegal alien. >> reporter: jose antonio vargas a pulitzer prize winning journalist was flying to san diego. his capture then released comes as calls for action on the broader immigration crisis are growing louder. >> they were not born here. >> reporter: it's not just at the border. protests have spread across the country. yesterday in arizona, passionate protesters on both sides of the debate turned out in droves once word spread that a bus load of unaccompanied immigrant children were set to arrive. and in texas, demonstrators made their voices heard at a town hall hearing. >> we can't even take care of ourselves. we have veterans that are homeless. >> reporter: protesters are digging in and concerns are growing. >> our concern is the cost.

>> worried about jobs. these kids that are 17 in a year they are going to be competing with our kids. >> reporter: this as states from washington to virginia receive word undocumented immigrants have arrived or could be sent their way for processing and deportation. >> i do have empathy for these kids but i don't want to send a signal send your kids to america illegally. >> reporter: critics of the obama administration have blamed them for the surge of minors crossing the border since october. a new abc news "the washington post" survey shows only 33% approve of how the president has handled the crisis. even fewer americans approve of the response by republicans in congress. but while washington debates the protests continue. now the president has put forth nearly $4 billion plan to help deal with this crisis that includes money to temporarily care for these unaccompanied minors. more resources for customs and

border resources to go after those smugglers who are bringing these children and helping them come in to the united states. more resources to process their cases more quickly. and money network with the mexican and central america governments on this issue. many in congress don't like the price tag, nearly $4 billion that the president is proposing. they are coming up with their own plan that they hope to have finalized in the next couple of weeks. it will include trying to change a 2008 law to be able to send these children who are coming from central america back to their home countries immediately, circumventing the current procedures in place that can draw out over the course of weeks, maybe months. >> all right, thank you very much for giving us the latest on that. the debate will continue. we'll talk with the man in the center of it, jose antonio vargas. he was detained by border patrol down there. he rose to national attention because he is an undocumented

journalist here. won a pulitzer prize. >> ahead on "new day" dick cheney calling president obama the worst president of his lifetime and that's not all. our political panel will be going through more of dick cheney's interview with jake tapper coming up. ♪ yeah, girl ♪ you know, i've been thinking about us ♪ ♪ and, uh, i just can't fight it anymore ♪ ♪ it's bundle time ♪ bundle ♪ mm, feel those savings, baby

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stunning words from dick cheney to listen to this morning in an interview on the lead with jake tapper. he called president obama the

worst president ever and said bush did the right thing in iraq. >> your administration had nothing to do with what's going on in iraq right now? >> i think when we left office we had an iraq, very stable situation. barack obama said as much. we put together a program with the surge that the president made and implemented in '07-'08. by the time we left office iraq was in relatively good shape. >> all right. time to comment. gentlemen, always a pleasure to see you here with me and kate. let me ask you this, ben. the idea, jake says, let's not talk about weapons of mass destruction, let's talk about it here. do you accept the idea that dick cheney just put out there, the former vice president that we did the right thing going into

iraq. it made sense. it was right. >> based on the intelligence at the time, yes. i think what he said at the end we left it in a positive place not only is that backed up but remember, barack obama was one that said he was going get us out of iraq and instead agreed with the surge and continued to implement the bush-cheney agenda there for how many years? four after he became president of the united states of america. so i do sthaatistically lookingt the facts when i left, we left in a stable situation. obama agreed and continued their policies which he ripped on as he ran for president. he's not crazy to say this at all. >> first of all, it takes a special kind of action to go on a campaign when they didn't foresee 9/11. they put us in iraq based on a false connection between ike, 9/11 and saddam hussein. and maliki was the centerpiece

of the failure of iraq. that was a bush-cheney doctrine not an obama one. it's amazing he's having this conversation. to say we left iraq in a good place is untrue. we set the stage for sectarian violence. maliki said all the things until he got in office and then oppressed the sunni majority which destabilizes the country. all of this is crazy to me. to say he's the worst president in cheney's lifetime which in cheney's perspective is a long time. >> one dofrgs relitigate what happened in the iraq war. but i'm sitting here wondering and listening to this interview why is dick cheney coming out to speak about this so forcefully. why does he think he should be out there defending his legacy. is this about his daughter's political future? what is this about? >> no.

>> what does this help for the republican party? >> look at bill clinton. he's out there all the time talking. dick cheney says look i almost died, i got a new heart, i'm out here, i'm passionate about these things. i'll be blunt and bold like i have been consistently throughout my career. what makes me laugh we always hate politicians who don't give straight answers. we always hate it when they run around issues or refuse to answer a question or like well i may not do that or i'm not going to comment on that. he's doing what we want. we ask him a question, he gives a blunt answer. >> i don't think critics are hating him. >> i'm saying society. voters don't like it when we don't get a straight answer and he's saying this is what i believe. this is why i did it. i'm not backing away from it. and i think that's something you should respect him for that. >> here's why i'll take the other side on that and set you up with this question. jake did him a favor. he asked all the right

questions. when he said -- he didn't allow the former vice president to just say yeah because at the time we were worried about this. there were no weapons of mass destruction. that became proven. you had the whole ruse with yellow cake that cost a political career of colin powell when you forced him to jump on the hand grenade. it was a false premise and a mistake. why not own that if he wants to do what we want to see politicians do and take accountability. >> instead of doubling down. >> nobody would agree the intelligence we had was bad. at the time were they making the correct decision based on the intelligence. we know the intelligence of not good after the fact but we have intelligence all the time, unfortunately, that is not perfect. it's not always spot on. do you have a president that acts based on the best information he has, or do we say unless you know 110% that it's not perfect, you say well not going to act on that.

you can't expect somebody to do that. monday quarterbacking six, seven, eight, ten, 12 years later is easy to do. >> that's what dick cheney is doing. >> on what issue? >> on iraq. he's reflecting back saying the invasion was correct. we had the best information possible. that's hugely generous of you to suggest he was relying on good information. you can say that the congress was relying on the best information but to say dick cheney was generous and not fair or accurate. now in retrosuspect, he's still saying look, there was a connection between al qaeda and saddam hussein. 9/11 commission says that's not true. much of what dick cheney says is dishonest. >> i want to get your guys a take on another part of the interview. jake asked vice president cheney about the calls for impeachment coming from some people on the

republican party of president obama. listen to this. >> i'm not prepared at this point to call for the impeachment of the president. i think he's the worst president of my lifetime. i fundamentally disagree with him. i think he's doing a lot of things wrong. i'm glad to see the house republicans are challenging him legally at this point, but i think that gets to be a bit of a distraction, just like until peachment of bill clinton did. >> we were talking about sarah palin who has called for the impeachment of president obama. it is a distraction? give me your honest take. >> yes, i do think it is. i've gotten ripped by some on the far right who say i'm not a true conservative because i think it's absurd to talk about impeachment. i ask the question over and over again what has he done that's an impeachable offense. you may not like him. i hate it when people throw around the impeachment. there may come a day with some other president we may need to talk about impeachment like nixon but i don't like to use it

for political reasons. i think dick cheney was right in saying that. i don't see anything right now. it turns people off to the real issue. you can disagree with obama. you can disagree with his policies. it doesn't mean you get to impeach him. he got elected by the people not once but twice so we should respect that. >> your take. >> i'm glad you mentioned nixon. in light of richard nixon's existence we could be debating barack obama is the worst president in dick cheney's lifetime. it's a distraction. suing the president is a distraction. trying time peach the president is a distraction. the fact that you have to defend yourself against republicans who say you're not conservative because you don't impeach a president who does nothing impeachable says something about the current political climate. >> mark, ben, great to have you guys. coming up next on "new day," pulitzer prize winning journalist jose antonio vargas has become a champion for

immigrants who don't have legal status like himself. he was detained along the texas border and released. he'll be speaking with us live. >> we have news about army sergeant bowe bergdahl. he just retained an attorney and we'll speak to that lawyer live about everything his client has been through. new information for you. narrator: these are the tennis shoes skater kid: whoa narrator: that got torture tested by teenagers and cried out for help. from the surprised designers. who came to the rescue with a brilliant fix male designer: i love it narrator: which created thousands of new customers for the tennis shoes that got torture tested by teenagers. the internet of everything is changing manufacturing. is your network ready? we're trying our best to be role models.dels. we don't jump at the sound of the opening bell, because we're trying to make the school bell. corner booth beats corner office any day.

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here we go. five things you need to know for nurd. at number one israel is warning people to leave northern gaza ahead of more air strikes against hamas rocket launchers. first israeli has been killed in the conflict. gaza death toll stands at over 200. an immigration fight at the texas airport. jose antonio vargas is free but will face deportation proceedings. we will talk with him live just

moments from now. militants have taken control of the key iraqi city of tikrit. 50 service men were killed. president obama's top adviser plans to defy a subpoena and will not testify before a house oversight committee today. the white house asserting immunity for david simas. the hearing will go on as cancelleded. at number five the director for centers for disease control is scheduled to appear before a congressional panel today. he'll have to answer tough questioning about the mishandling of dangerous pathogens. we update those five things to know so visit our website for the latest version. for the first time since her son's funeral we're hearing from the mother of the toddler who was left to die in that hot suv. her name is leeanna harris.

newspapers, television and online media have fostered a hostile atmosphere. please allow her the dignity to mourn her son in private. what does this statement mean? will it satisfy? will it raise more questions? to discuss lonnie koombs, sunny hostin. sunny, you're here. your reaction. >> i think it makes sense. i've often said, i've interviewed so many victims of crimes. i've interviewed a lot of defendants, and you never know how someone is going to react after a tragedy. so i don't think you can read too much into her reaction. she has reacted suspiciously by, you know, and oddly some of the thing she said at the funeral like i don't want cooper back if i could have him back. that was very strange to many people at the jailhouse.

>> suspicious and odd are different things. >> yes, they are. that statement was probably both. at the jail she told her husband did you say too much? she sort of came out forcefully in support of her husband. many people thought that was odd and perhaps suspicious as well. you can't read that much into it. >> lonnie, her husband not mentioned in the letter. a man is mentioned in the letter and his name is richard jewel who we all remember was a man falsely accused in connection with a bombing where you are right now in atlanta. and what do you think that meant both the exclusion of the husband and the inclusion of richard jewel? >> let's start with richard jewel first. this is an attempt for her attorney to cloak her in this cover of righteous indignation of being unjustly accused like richard jewel was trying to associate her name with that type of scenario. the lack of her husband's name is a very telling point to me. very different from her comments

at the funeral where she was a stand by your man woman, you know, i love him, he's a wonderful husband, he's a wonderful father, i trust him. now she's not saying anything. i think there's something to be said for reading between the lines here. as a prosecutor you know that there's things going on behind-the-scenes. the prosecution is looking at two potential suspects here, it's very clear in the probable cause hearing they went out of their way to put on evidence about her when they didn't need to. it wasn't her probable cause hearing showing that they are working towards mounting a case against her. they are still trying to decide will we use her as a cooperative witness, will she be charged or is there a possibility they might turn her against him or him against her. the fact this statement was so vague about the case, in fact no mention of the case itself at all, lend credibility that these discussions are going on. >> why would she mention the case in the statement when her position is she doesn't know anything about how it happened? >> i think lonnie makes a valid point because in georgia, and

not in all states but at least in georgia, you can compel a spouse to testify against the other. >> you can? >> you can. the victim in this case is a child. prosecutors are determining whether or not she's a target of their investigation, whether or not they will compel her to testify >> you're both prosecutors. let me present the defense side. you said what she said in church. i wouldn't bring him back if i could. believing he's in the after life and that's a better place for him anyway, count that be it? >> absolutely. >> has nothing to do with the case. >> tlauts. >> her saying did you say too much, couldn't that go in the absence of context why didn't they arrest you. what did you tell them? >> there's all these innocent explanations. >> exactly. i agree with the comment at the funeral. having gone to to a funeral myself and given a eulogy, you

can't call statements like that a great statement. these other statements by itself maybe not anything. but if you put them together, the statement at the arrest, the statement at the daycare center, you put all these things together -- >> i haven't heard that statement yet. i only heard from the local police official that she said to them that this was something she had always heard. i hadn't read or scene any evidence that she told the daycare center what we're told. i would need to see that as opposed to being a opinion. have either of you seen the statement to the daycare? >> no. >> no. in the probable cause hearing the detective testified when she went to the daycare center and other people are saying no, no that's not possible. there's other things. she was pretty adamant. >> we always know things change. lone injuries sunny, you're

making the right points. i'm trying offer the other side because i believe we have to go slow when it's the mother of the dead kid until we know what the case is. the father he's got trouble. >> he's got trouble. again, i'm not convinced yet from what i've heard that this wasn't a tragic accident. >> i'm with you on that. lonnie, thank you very much as well. appreciate the perspective of both of you. kate? coming up next, two big exclusionives. first live interview with jose antonio vargas, pulitzer prize winning journalist who was just released after being detained by border control. we'll find out what happened. and also this. days after returning to regular duty army sergeant bowe bergdahl has hired an attorney. we're going to talk exclusively with bergdahl's lawyer about questions surrounding his capture.

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but could face an immigration judge. jose joins us on the phone right now. jose, can you hear us? >> yes. hi, chris. how are you? good morning. >> good morning. tell us the obvious, what happened? >> well, what happened is, you know, like i was boarding -- i was trying to board a plane for l.a. and actually to visit my family and then it went by pretty fast. getting handcuffed. they asked me about my passport. and then being taken to a border patrol station. it was interesting because, you know, i came down here on thursday, this past thursday because i really wanted to chronicle what happened with the humanitarian crisis, particularly with the kids, and ended up being at the border patrol station where many of these unaccompanied central america minors were actually also being detained. so that was really surreal and kind of ironic.

>> i want to ask you what you learned about these kids and what their story is. let me ask you one matter of fact question. how were you not aware that going to this part of texas would avail you of this type of scrutiny because you know this is what they do there. and did you anticipate that this was going to happen? >> actually that's exactly the point. i did not anticipate it. i've been traveling around the country for the past three years. i've never been to the texas border. i've been to the california border. i've gone to arizona. i didn't know that texas, you know, that border basically was within the 45 mile radius of that area is a militarized zone. right. i knew there were checkpoints. i always knew i could fly out because i had a latino passport. i've been flying out of the country for the past three years. >> this is what actually happened. you were ignorant of the process until you went through it. >> exactly. i'm sorry. what was that? >> you were ignorant of the

process until you went through it? >> well, i was at this airport, this area. because when you fly through jfk, laguardia, san francisco airport, tsa checks your passport. there's no border patrol agent checking your passport when you go through jfk. but here, in south texas that's what happened. and, you know, people need to understand if you are undocumented in this country, that's the risk you take. every where you go. that's a risk you take. >> how did they get a video of you? >> i'm sorry. >> how did they get the video of you being detained? >> for some reason there was a reporter there. i don't even know from what publication because i had to get out of texas. people have been asking me if this was some sort of a stunt. >> right. >> it isn't a stunt to get on a plane to leave, to try to get out of south texas. actually i had to get out one of

two ways. either somebody driving me, right, or i fly out. well either driving or flying out i was going to be checked either through a checkpoint or through tsa or border. i had to make a choice and my lawyers advised me that i should actually just try to fly out the same way i flew in. that's the risk i had to take. again that's the risk undocumented people take every day. >> let's get to the heart of the matter about why you went down there. first you got to meet with the kids and i think they are getting lost in this except being used as a tool. >> absolutely. >> what did you learn about these kids. did you get to talk with any of them? did you get a sense whether they are gang members or highly diseased or what it is that brought them here? >> all you have to do is look in the eyes of these children to know that they have been through some sort of hell. for our politicians to say, republicans or democrats we should send them back -- i just

heard something about senator tom coburn actually saying that, you know, what if we buy them first class seats to send them back. i remember hearing it and thinking is that from the onion. i couldn't believe that was real. these kids came here and walked here and risked their lives to come here to save their lives not because they wanted to go to disneyland or take first class seats to somewhere. right? all you have to do is look at these kids and look in their eyes and know they have been through some sort of hell and to tell them to go right on back. america does not turn its back on children. it should not be turning its back on these children. >> it's happening right now, though. these kids have become an example of a lax law enforcement, porous border and a bad law. >> chris, that's exactly the problem. you and i both know this is political theater. how can we say, right, that the

law is not being enforced when i, as the most privileged, high-profile undocumented person can get arrested and handcuffed at an airport. if that's happening to me, what do you think is happening to the 11 undocumented folks in this country. >> i hear you. the other side points to the fact you have these tens of thousands of kids here as proof that it's not working. that's two sides of the debate. >> i get that. actually the fact they are getting here, they are getting apprehended. exact same border control station where these kids were being detained and processed. >> right. it's good you got to talk to them because the more you can tell people about who these kids are you will demystify the poerm. >> that's why i flew down there. that's what i wanted to do. >> you paid a high price for it. let us know what happens next in terms often process you'll go through now. be safe and please stay in

touch. >> thank you, chris. >> take care. >> coming up next on "new day," bowe bergdahl is back on regular duty and has just retained an attorney. we'll talk exclusively with that attorney about his new client, including all of the questions surrounding his capture by the taliban. ♪ ♪ ♪ [ male announcer ] if you can't stand the heat, get off the test track. get the mercedes-benz you've been burning for at the summer event, going on now at your authorized mercedes-benz dealer. but hurry, offers end july 31st. share your summer moments in your mercedes-benz with us.

welcome back to "new day". we just learned army sergeant bowe bergdahl has retained a lawyer. this is just a couple of days after going back on regular

duty. bergdahl was released six weeks ago now by the taliban following five years in captivity. it's all been surrounded in a lot of controversy and the big question that has bogged bergdahl since his released did he desert his unit. nobody has gotten many answers. the army only one speaking with him. let's bring in exclusively bergdahl's new attorney. thank you for your time. this is a story that has not only importance here in the united states but around the world and no one has been able to get many answers about the circumstances surrounding the release of bowe bergdahl. first off, have you been able to speak yet to your client? >> yes, i met with sergeant bergdahl last week in san antonio. >> how did you come about to be his attorney? how did you find him? did you have a relationship? >> no.

we had no prior relationship. i was very flattered when i was approached and i accepted the case with great pleasure. >> you have met with him. >> on that subject, by the way, on that subject if i can interrupt i want to share an earn mail first thing i got this morning at 5:33 from somebody -- >> from him? >> no, from somebody else. i want says the following. thanks for helping a soldier in need. i'm an army vet and understand the feelings soldiers have while serving and i have to say i was very happy and encouraged to receive this from some anonymous person. if that person is watching i want him or her to know it's greatly appreciated. >> obviously there's an attorney-client privilege, of course but what can you tell us about conversations with bowe bergdahl to this point? >> well, obviously, as you say, there is attorney-client privilege and i'm is going to be scrupulous about that.

he's a client. he's entitled to my best professional efforts. and his conversations with me are going to remain confidential. i apologize but you'll understand that. >> how does he seem? can you describe that? >> i'm not going to get into that. again, i apologize. i don't want to, you know, insinuate my own views or impressions. those are privileged. i know it's from us straight. in due course the country will have more facts in front of it as the pending investigation unfolds. for the moment i would ask everybody hold the phone. the one thing i might say is that sergeant bergdahl has had a close brush with death over a prolonged period of time. he understands that his life has been saved. he's grateful to president obama

for doing that. >> the army says that he's completed his medical care and that he's completed his mental counselling at least enough to go back on regular duty. the army is waiting to speak with him. there's an army investigator looking at the circumstances of his case. do you know when that will happen? >> well, the investigator you're referring to is pretty high powered fwator. a major general, two star general, kenneth doll. i had the privilege of speak to general doll the other day. in a very cordial conversation. and in due course my client is going to meet with general doll and, you know, we'll see how the investigation unfolds. obviously an attorney whether it's me or one of the army lawyers will be with sergeant bergdahl throughout any interrogation. >> why did he retain an

attorney. he has not been read his reits. they say he's done nothing wrong to this point that would need his trikts read to him. why did he retain an attorney. >> kate, can i say -- let's give our viewers more credit. seriously. you know, the internet and the media have been alive with speculation about this case. it's, you know -- we americans really believe in lawyers, thank god, and any person would want to talk to an attorney. >> there's a lot of question of how much he's been exposed to the media attention to his case. is he aware of the controversy surrounding his situation? >> yes, he is. >> have you been following this story very closely? >> yes. i followed it from the beginning, way before i was asked to represent him. >> the big question, obviously i asked at the very top is the question surrounding how he got off the base.

did he leave deliberately. what was his intent. that's a big question obviously that the army is investigating. do you believe that he's going to be able to prove that he did not desert the army? >> well, i'm of course going to correct you in one respect. the burden of proof in any proceeding under the uniform code of military justice is and remains on the united states government not on the accused. if and when this matter enters the military justice system the burden will be on the government. >> there's a report out by the "wall street journal" so far bowe bergdahl has refused to speak to his parents. do you know if that's the case? >> i have no comment on that matter. >> do you think that is important to his situation? do you think that's important to his case? a lot of people have made quite a bit about it, that relationship. >> i'm just not going to go into that.

it's a private matter. >> do you think -- there's also been made quite a bit of the fact that he was held for five years and after two months he's back on regular duty. is he fit to serve? >> i'm not an expert on that kind of thing. obviously the army has concluded that he is fit for duty. i don't anticipate that they are going to deploy him anywhere. you know, there's some business that has to be conducted, chiefly this investigation. and if the army thinks that he was ready to wrap up the reintegration process and move into a regular duty status, the army is a better judge of that than i am. >> people are waiting to hear from mr. bergdahl himself. what through you, since you torn lie person who can speak for him at this point, what does bowe bergdahl want the country to know? >> i think that i got to put you off on that. i apologize. i know people are interested.

but i would ask that everybody have a little patience here. he's gone through an extraordinary ordeal. unimaginable ordeal. the mind boggles when thinking about spending five years in the hands of the taliban. you know, imagine your worst nightmare. that's all i'll say on that. obviously the hope is that he can return to a normal life, and, you know, reintegrate properly within american society as well as the army and sort of get on with his life. he's lost five years in the most unspeakable way. >> does he want to speak out? >> actually, i'm going to defer on that. look, i think his view may change over time. but at the moment he's asked me to speak for him. >> eugene fidell. thank you for your time.

we look forward to hearing how this process proceeds. >> my pleasure. >> thanks very much. chris? >> coming up the latest on the mideast crisis. residents in gaza warned to leave their homes before targeted air strikes. we're live on the ground and bring it to you. because we're trying to make the school bell. corner booth beats corner office any day. we make the most of our time... and our money. the 2014 malibu. highest ranked midsize car in initial quality the car for the richest guys on earth. having a perfectly nice day, when out of nowhere a pick-up truck slams into your brand new car. one second it wasn't there and the next second... boom! you've had your first accident. now you have to make your first claim. so you talk to your insurance company and...

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