early. it was suppose to be five hours, but we're hearing reports that once again there are mortars coming from gaza into israeli airspace. now, the israeli military says at least three of the mortars came over there, but they have not retaliated so far. we'll keep updating the reporting there, even before hostilities resumed in the air though. there was drama on the ground. >> israeli forces say they stopped more than a dozen terrorists entering israel through a tunnel construct by hamas. this is a day after an israeli air strike killed four palestinian boys on a beach in gaza. let's get to cnn's ben wideman live in gaza. ben, of course, the question is what's now? >> reporter: we understand we're now three hours into this humanitarian pause. thousands of people have come out in gaza to buy supplies, to go to the banks which have been closed for more than ten days. employees to pick up their salaries. some people going back to the

homes they fled from to get more personal supplies and what not, but already there are cracks in this humanitarian pause. this morning the humanitarian cease-fire broken. rockets launched towards the regional council in israel, two hours after the temporary cease-fire started, agreed upon by both sides in order for the u.n. to tend to the injured in gaza nearing 2,000. just hours earlier rockets were fired by hamas over tel aviv, one intercepted by the iron dome, another making contact. israeli forces also announcing they noild what they called a major terror attack. hamas attempting to infiltrate the border crossing through a tunnel from the southern gaza strip. the israeli military says this video shows about a dozen men emerging from the tunnel. the air strike that followed killed several of them. photographs from the scene show weapons on the ground around the

tunnel entrance. >> we must be clear that people of gaza are not our enemy. our problem is with the terrorists, with the hamas and others, who shoot these rockets into israel trying to kill our people. >> reporter: in gaza more than 200 people have been killed in the last week and a half. 70% of them civilians, according to the united nations. around 40 of the dead are children. on wednesday medics raced along a gaza beach where four boys were killed by shelling from an israeli gunship near a refugee camp in northern gaza. the boys, ranging in age from 9 to 11, were rushed to a hospital in gaza city, but it was too late. their parents collapsing in grief. 1 22-year-old mohammed's mother cries out in agony and his blind father equally devastated. later that day hundreds turned out for their funeral carrying their bodies to the sands of

gaza to be buried. a hamas spokesman calls these deaths a war crime of the israeli military says they are investigating, calling the civilian casualties a tragic outcome. >> our thanks to ben wedeman. i want to bring in now tyler hicks, also in the battle zone inside gaza, a noted photojournalist for the "new york times." he was close, almost too close, when the kids were blown up on beach there. tyler, thanks for joining us. i'm sorry you had to see something like that, but, of course, it's a part of what you do. tell us what you saw. >> well, i was in my hotel room and heard a loud explosion, very close outside the window. my hotel room actually looks over this beach very closely. when i looked out the window, i could see a metal shack on the sea wall in flames, and at that time just one boy running as fast as he could north of that on to the beach.

>> and beach was basically empty, right, because people were staying inside during, you know, the threat of bombs. what happened when you got down to the beach? >> well, these boys i later warned were actually warned by their parents not to go to the beach, because it's abandoned and all the exposed areas are vulnerable. 20 seconds after that first explosion happened another one that came in. that's the one that killed the four boys so they actually would have been okay had they stayed where they were, but in the commotion they ran out into the open and that's where the second bomb killed all four of them. >> you can only imagine their fear though, not knowing what to do in that situation and then, of course, you come down to the scene. was there anything you could do for them? >> reporter: absolutely not. actually i arrived -- there's no people on beach yet. when i arrived at the edge of the beach, i could see that there were bodies of these boys laying there, but there were no

people. they were clearly killed instantly and i didn't want to just run out into the open and -- and be a casualty as well. as soon as some people from the neighborhood saw what was going on. that's when i ran to the beach and they rushed the boys up to the street and into an ambulance. >> looking behind you there's just so much destruction there. what is everyday life like in gaza right now? >> it's really quite difficult. i mean, the streets are very empty, bombs are being launched all day every day here. you never quite know where they are going to hit and hamas at the same time is firing rockets back towards israel so this is just a back and forth that has been going on for an entire week now, more than a week. >> now you've seen it. you were there in 2012. you're very familiar with this dynamic. how is it understood on the

ground? we just heard a spokesman for the israeli prime minister saying we are not enemies with the people of gaza, only the terrorists. is that distinction made by the people in gaza. >> reporter: not really, there's so many civilian casualties, both in 2012 and this time i've seen so many children, women, young boys, you know, clearly non-militants killed, and this is just part of the psyche of the people here. they live with this and -- and there's really no way to justify it for them. >> food, water, the ability to get money, to work. how many of these things are intact? >> even when there's not a conflict going on with israel here, life is difficult. huge amounts of unemployment.

not very good supplies for the hospitals, not very -- a lot of food, you know. it's just not a free open border that comes into this country, so you can only imagine at a time like this that it's -- it's even worse. almost every shop is closed. the streets are more or less abandoned, and aside from certain neighborhoods where more people tend to come out maybe in the middle of the day but for the most part it's completely empty. >> you know, for some, no matter how they are doing it, they have been digging tunnels. you saw, of course, how the israelis took people out, trying to sneak into israel through one of the tunnels. now the threat is that there's going to be an invasion. do you think that you'll stay for that? >> if there is one, yes, i'll stay for it. that kind of changes the way that we work. right now we're going out and going to funerals, seeing what the destruction is and the bombings are like. that will completely change the dynamic and how we'll approach

with as much safety as possible. >> all right. tyler, everybody is telling you to be safe in situations like this, but we also need to understand it from the ground so thank you for doing that work, and we'll check back in with you. >> thank you so much. >> all right. kate, over to you. >> chris, now to turn to russia right now where officials are reacting very strongly to new sanctions imposed by the u.s. russian officials are warning the response will be painful for the united states and heightened tensions between the two nations, levels not seen since the cold war. white house correspondent emkoepzky is following the latest for us. what do we know about the latest reaction. >> reporter: president obama announced what the west has believed for a long time now, that russia has not acted to de-escalate the situation in ukraine as it promised to do but in fact has continued to escalate it it, and he put the u.s.' money where its mouth is in expanding those sanctions. they now include top russian banks, defense companies, energy

companies and several individuals, and, sure, i mean, those entities will feel these sanctions, russian banks and they are essentially shut out of doing business in the u.s. dollar, that's important, but you may have noticed that, no, these sanctions are not the sweeping sectoral sanctions over big swaths of the russian economy that the u.s. and the others have been warning russia about for months now. the u.s. has had a tough time getting europe on board with sanctions like that. in response russia called these targeted actions evil and harmful to the u.s. kate? >> and it continues. michelle, thank you so much from the white house for us. let's discuss this with more with cnn political commentator and a contributing editor for atlantic media. peter, i want to talk about the sanctions in a minute, but let's talk about what's going on right now on the ground between israel and gaza specifically. i was going to ask you, so, the humanitarian cease-fire, could this be an opening?

but now israel is reporting that mortar foyer has been coming over already just a few hours into the sees fire. what does this mean? >> i think there are two big problems in getting a cease-fire here. first of all, two sides are quite far apart on their terms. israel has been willing to accept an immediate cease-fire. hamas doesn't want a cease-fire unless it offers some relief from the blockade of gaza that has prevented people and goods from going in and out 6 gaza in recent years. they also want the re-release of some of the prisoners who israel took in retaliation for the kidnapping of those boys. >> isn't that what the five-hour cease-fire was supposed to be about, letting people go about their way for a short period of time. >> tragic that this period was not free of rockets and seems like there were rockets coming in from gaza which was very, very unfortunate. >> so while this is going on, no real reports of any progress going on in cairo. the palestinian authority mahmoud abbas is there trying to work out a deal. we're just seeing reports that there's an israeli delegation there but without hamas being

there. is this where a cease-fire is going to be brokered? >> the real big difference between this time and last time when the egyptians brokered a cease-fire is back then you had mohamed morsi. >> right. >> who was essentially an ally of hamas, whom they trusted to some degree and now you have an egyptian leader extremely tough on hamas, so while israel seems quite open to dealing with him and abbas does, hamas would like other intermediaries. they would like turkey and qatar to be the countries so we can't even agree on who the intermediaries would be. >> makes you wonder what is it going to be that's going to get them from here to there? one of the things that seems to be a big wild card at this point is is it more likely that israel is going to put in place a military ground operation? the talk is it's more increasingly likely that this is going to happen. why?

>> i think benjamin netanyahu is under some counterparts from the right who have called for ground invasion and other things pushing israel in that direction is they are getting close to exhausting targets they can hit from the air. >> so that's the reason to go in. >> they feel like they could do much more damage to hamas' arsenal on the ground where it would be easier to find things. >> but the acknowledgement is that could also bring a lot more civilian casualties, right? >> and certainly would bring more israeli casualties. i deeply hope that we don't get to that point because i think ultimately, although it's understandable that israel feels the need to respond to rocket fire, if there's not a political solution to the underlying problems in gaza and between israel and the palestinians, we're going to simply see these wars again and again and again with more and more suffering, especially for the people in gaza. >> seemed to be such high hopes for this u.n. -- u.n. had tried to ask for cease-fire to be put in place, and it seems high

hopes for it. we'll see what happens as we speak, but let's turn now really quickly to russia. i want to ask you michelle kosinski laid out really well the sanctions the united states is putting in place. what's the real impact here, because it's being described as the most punishing measures taken to date by the united states against russia. >> i think the hope is that this will make people around putin, people who have gotten very rich through the business connections put pressure on him to de-escalate in ukraine. the obama administration seems to have evidence that they believe that russia is actually escalating its support for separatists in eastern ukraine and by doing this they feel like maybe they can tilt the balance so that russia will pull back and there will be a solution. >> we've been talking about sanctions for a long time. you and i have been talking about it. what is it about this round that's going to pull it back? >> well, i think this is -- this is a more serious blow to more important russian businesses and economic institutions. i think the obama administration that past sanctions have had

some impact on putin, but they seem to believe that -- they seem to have some reason to believe in recent days that russia is actually moving again in a more aggressive direction. >> sure doesn't seem from the talk that putin even really cares about it. his prime minister put out a pretty clear statement saying these sanctions won't help ukraine. >> right. publicly no question they will be defiant, but i think privately the obama administration believes that the damage to putin's economy and the damage to people who are close to him has restrained him in the past, and they are betting, we'll see if they are right, that it will strain them in the future as well. >> thanks so much for coming in. see you soon. >> let's take a little break an "new day." the white house held this big meeting to push its plan for how to fix the current border crisis, but now there seems to be even more resistance from both sides of the aisle. here's the question for you. can these people really go on vacation without deciding what to do with all these kids in limbo? look at them. plus, two bank robbers and a

hostage are now dead following a holdup and high speed chase with police in k.listen to this, two of the hostages were thrown or jumped from the getaway car. dramatic details are ahead.

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the battle continues over what to do on -- about the border crisis. you look on capitol hill and there's no agreement to this point. democrats, they are voicing opposition to changing a law that would require a hearing for kids that are crossing over from central america across the border. republicans, they want that change to the law, and they want more to approve the president's request for nearly $1 billion. a white house briefing last night doesn't appear to have convinced some lawmakers to reach compromise. let's discuss this more with cnn political commentator paul begala, senior adviser for the democratic super pac priorities usa action and also matt lewis, a senior contributor at "the daily caller. "good morning guys. >> good morning, kate. >> first of all, let's talk about this meeting at white house that the president held with the congressional hispanic caucus. he said coming out, the president said he'd take every action he can within the confines of the law to move ahead to try to fix issues with the immigration crisis, but,

paul, when you really look at it, he's been trying to do that already. was this anything more than a courtesy call? >> well, i hope so because, again, the president hasn't been to the border. people like me have criticize him for that. many of the hispanic congressional caucus members have. hopefully he got more firsthand knowledge of what's going on there, but also i hope it was the beginning of trying to get congress to go back to the regular order, find some compromise, pass the funding that we have to have, both to enhance the security at the border and to take care of these kids, so it's a first step. now i want to go see and meet with the republican leadership in the house, with other key folks up on the hill. >> matt, weigh in on this because he sent one of his top deputies, secretary johnson, over to the hill last night to speak with all senators, and coming out of that briefing, it was a two-hour long briefing, but coming out it sure didn't seem like he had won over anyone. republicans don't like the route the white house wants to go with this $1 billion. democrats are moving against the president saying that they don't want to change this law. what's going to give, do you

think? >> well, look, first, i think paul is right. i think that president obama ought to get on the phone or ought to go over there and that the power of the presidency, what would reagan do, what would even lyndon johnson do during a crisis like this? this is something about barack obama's administration. one area that he's really failed in terms of whether it's twisting arms or cajoling and persuading people, but here's what i think ultimately needs to happen. we all need to be adults, and i think they probably need to do a couple of things. one is preserve the spirit of the law, this trafficking law which said we need to decide if these young folks coming here, are they refugees or illegal immigrants, and some of them are probably fleeing really bad conditions and maybe they ought to be allowed to stay. the second thing we need to do though is to expedite deportation for folks who ought not to stay here. >> right. >> so i think that's common sense. republicans and democrats ought to be able to agree on that. >> they are not agreeing on

anything and one thing guys in your side of the business, matt, is you should start a shame campaign not to let them go on vacation and leave these kids sitting in pens. they are going to go and who will hold them accountable. i know we will here but it will take a much bigger group. conflating the issue of taking care of the kids and taking care of the border problems and immigration problems i think is very dangerous, don't you think? the kids and the obvious neglect that's going on should be broken out because the more you tie them to the political situation, the more you're damning them. >> that could be, chris. the alternative which i would prefer is stitching them together because you would hope, at least, that liberals will want to take care of the kids and conservatives, too. i don't mean to denigrate them but conservatives want more security. looked at what's in the funding request for the president has asked for and the big chunk is the care and feeding of these children. >> why do you think they are not visiting them? why do you think politicians on both sides of the aisle aren't banging down the doors and doing

all their different legal legal operations to get in there and see these kids the way they would if they thought they could curry sympathy? they know why they are not. >> they should, you're right. >> you know why they are not because these kids have become a metaphor for your position on immigration. the kids are pawns. >> either side you're on, these are children and we do have an obligation to care and feed for them. some -- matt is right. some have to be deported, i'm sure, some will have to be let in but we can speed it up with money. just read this coverage from the meeting that secretary johnson and secretary burwell from health and human services had with the senators. apparently the law as written already has a provision for exceptional circumstances. now i don't know why the -- >> paul, that's what -- that's what dianne feinstein has argued all along, but the white house continues to say that they want to see a change in the law, and now that's putting them at odds with other democrats on the hill who don't want to see a change in the law. nancy pelosi now coming out

strongly against changing the law so i don't understand what's going to give there. >> i don't either, but at least use the provision that's there. who knew, okay, dianne feinstein actually read the law which i sympathy against the rules. >> i think she helped write the law. >> james madison wrote the constitution who said who readeth this crap and god bless dianne feinstein who read the law. >> why didn't she put out to everybody that the law is really not designed for this situation, that this isn't why they drafted it in twags. they were talking about trafficking and dealing with a very finite group of kids, already dealt with. why are we having the discussion? >> one of the discussions, john cornyn, a bipartisan change pause congressman cuellar supports it, too, is to not make it exclusive for central america, but if you come here from mexico, a young person fleeing gang warfare or something, why shouldn't you also now be eligible for this? so there are some ways you can expand this and have a more coherent system. look, if president obama

actually wants to pass something, then maybe some compromise. maybe send the national guard down to the border to help control the border. maybe expedite this and maybe have some more immigration judges who could expedite and then i think republicans ought to go along with maybe some of the funding that would provide for health care, for example, for these young folks. >> paul, let me get your take. maybe both you can weigh in quickly on this as a side story, if you will, of this immigration crisis. jim acosta has been doing great reporting from the white house. i've got to ask you what's going on with governor martin o'malley. he seems to be contradicting himself in public and private. he says we need to help these children, but in private he's saying but maybe not in my backyard. i don't know what's worse, that apparent contradiction or the fact that the white house has leaked this out as retaliation, paul? >> all of is wanted things both ways and i don't fault the governor of maryland for saying

one thing in public and another in private. that's life. they threw a hard one right at his head. this is now major league pitching and i hike that, i do. i want my -- my president and his team to be tough, and i think governor o'malley who is plainly thinking about running for president is going to learn that the pitch speed in the majors is a lot faster. >> matt, what is wrong with o'malley saying, hey, think about the kids as kids first and, you know, don't send them to this particular of my state, he said. i'm already full there. he didn't say not to my state at all or at least that's his clarification on it. do you think he's not getting benefit because he's playing against the narrative? >> i think the obama administration leaked this to make him look bad, make him look like a hypocrite. he was trying to score points to woo the spanish vote for when he runs for president. i'm from western maryland, the place that would make his place that is too red neck look like

paris, france. i'm offended. i think the fact that the governor of maryland would imply that some of his constituents just would not treat these -- these young hispanic, you know, in some cases refugees with compassion is insulting. i'm from a play called wolvesville, maryland, and the notion that folks where i'm from couldn't be trusted to take care of young people i think is an insult. those are people that helped elect, you know, governor o'malley. i think he should apologize to them actually >> the clarification didn't seem to clarify quite well enough maybe. great to see you guys. thank you. >> thank you. >> take a little break on "new day." when we come back, a bank robbery turns into this terrifying car chase, becomes a deadly shootout right on the street in california. the suspects were armed to the teeth, and one of the hostages that they took is now dead. we'll take you there. plus, an alleged prostitute pleads not guilty in the death of a google executive. the surprising developments now in this case which is already surprising enough, including the defense that her lawyers are

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♪ i voted for culture... ...with a 'k.' how are you? i voted for plausible deniability. i didn't kill her, david. and i voted for decisive military action. ♪ xfinity presents the people's hotlist where you choose this summer's top 100 shows and movies. and all you have to do is watch with xfinity on demand. now through july 23rd. vote! welcome back. let's get over to john berman who is in for michaela for the day's top tories. >> breaking news to tell but this morning. hamas has violated a five-hour truce with israel firing at least three mortars over the border. the pause had been to allow

humanitarian convoys to get into gaza of the just before the short lived truce took effect israel's military said it foiled an attempt by a dozen terrorists to enter the country through that underground tunnel. you see it right there. israeli officials are investigating an air strike that killed four palestinian boys on a gaza beach. and now three israelis have been indicted for the revenge killing of a palestinian teen. breaking overnight in afghanistan. six insurgents are dead after launching an attack near the kabul international airport. gunmen used explosives, grenades and a sheen guns to take over a billing just outside the airport. the taliban members who launched the offensive were killed during a fire fight with afghan security forces. no reports of civilian or police casualties. talks on limiting iran's nuclear program are likely to be extended beyond a july 20th deadline. after two days of meetings this week secretary of state john kerry says there are still significant gaps between tehran and six world powers. iran's chief negotiators suggested iran could accept a freeze at current levels for a few years in exchange for sanction relief.

a violent bank robbery ends in a hail of gunfire killing a hostage and two robbery suspects, wild scene playing out during a high-speed pursuit in northern california. chaos in northern california as a violent bank robbery ends in a barrage of gunfire leaving one bank customer and two suspects dead. the events unfolded as three heavily armed men entered a bank, tied up a security guard and took three women hostage before taking off on a stolen suv with the police in hot pursuit. >> do whatever you need to do is to-to-stop him and get him. if you can stop him, stop him. >> the suspects had huge amounts of ammunition on them according to police who said they had firearm magazine strapped to their bodies and fired on the officers relentlessly. >> there's a guy out the back window shooting at us with a rifle.

>> we are taking fire. >> under the hail of gunfire two of the hostages either jumped or were pushed from the suspect's vehicle. the witness managed to capture one of the moments on tape. >> she was on the ground. my brother saw her roll over and her leg was all tore up and bleeding. >> after more than an hour the suspect's sufficient was disabled, but that didn't stop the men who continued the gun battle with officers. even police say using the last hostage as a human shield. >> they were trying to kill our police officers. >> in the end all four people in the vehicle were shot. the hostage died of her wounds, though it's unclear when and by whom she was shot. the incident is under investigation, according to police, who maintain they acted appropriately given the circumstances. two of the suspects also died of their wounds, and one was taken into custody. what an awful situation. no other police officers were injured in this incident, and the other two hostages, they are both expected to survive. >> those are bad people.

>> bad people. >> very well armed, and it's -- >> very well armed. >> and a very good example of why the police are so worried about the weapons that you're allowed to carry. they were outgunned on the streets where they were trying to protect people. >> yeah. they were victims, you know. >> thanks for that, john. let's move on to something that happened last night. espn held its annual sports award extravganzy, called the espys. veteran espn anchor stuart scott who is battling cancer, he delivered such a powerful message last night, i'll never forget, andy, one of the first of so many beautiful phrases stu scott coined. he's as cool as other side of the pillow. one of the best. good to see him honored. >> boo-yah, that's my favorite. >> en fuego. >> really the best moment of the night. scott was presented with the jimmy v. perseverance award with his ongoing battle with cancer.

in his speech scott revealed he had just gotten out of the hospital after going through four surgeries in the past seven days, and he delivered one very powerful message to all the cancer patients out there. >> when you die, it does not mean that you lose to cancer. you both cancer but how you live while you live and in the manner in which you live. >> scott also added he can't ever give up because he can't leave his daughters. he said he was standing on that stage because of them. his daughter sydney came up on the stage and gave him a big hug. not a dry ice in the house. st. louis rams rookie michael sam received the arthur ashe courage award to come out and become the nfl's first openly gay player. sam got very emotional when speaking about how he's helped others with his announcement. >> a friend asked me to talk to

his sister, a young woman who was considering killing herself rather than sharing with her loved ones the fact that she was gay. when we spoke she told me that she would never consider hurting herself again and that somehow my example had helped her. >> so, guys, sam's decision to come out and announce he's gay not only helped him but clearly helped people all across the country. >> unbelievebly powerful moments in sports last night, my goodness, that got me. >> one of the reasons why we love sport, always more about the game. the espys are a great example, for sure. >> thanks, andy. >> yeah. coming up next on "new day," an alleged call girl pleads guilty to murdering a google executive. you may be surprised to hear her lawyer's argument. what they say happened. [ male announcer ] this is the cat that drank the milk... [ meows ]

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prostitute accused of killing a google executive on his yacht, but we learned some things yesterday. new details that may explain the defense we will hear because alix tichelman has pleaded not guilty. the attorney admits the woman injected forrest hayes with the substance that apparently killed him. however, that could actually help her case. let's discuss it. we have legal analyst mel r robbins here to dive into all of this. the charge manslaughter. >> yeah. >> so that means you may not have intended to kill me, but you did something that was reckless which means you knew what you were doing was risky, could hurt somebody very badly and you did it anyway. if that's what they are trying to get her for and now this is her explanation of what happened, how does it help? >> well, this is really interesting twist, if you ask me, chris, because if you dig into the details of this, what the defense is doing is they are

basically saying, hey, listen, we admit, we fold, involuntary manslaughter is what she did, so they are doing what is a trick as far as i'm concerned in the did fence world, where it's like you know a magician how you distract somebody with this while you're busy doing the real thing over here. if they -- >> sleight of hand. >> yes, it is. they basically say she's guilty of involuntary manslaughter, the max is four years. that's what conrad murray, michael jackson's doctor got. >> why is she guilty of anything -- that's a horrible example. >> you want to role play on "new day." here we go. >> two people are doing drugs and one helps administer the drug to other, very rarely prosecuted for homicide. >> well, it's prosecuted for involuntary manslaughter. >> rarely. >> not necessarily. i looked up a bunch of cases last night, and this is happening more and more, particularly when you see this heroin epidemic taking over as people can't get oxycontin. >> but in the state, not even a samaritan law, not even a duty

to intervene. >> but there is involuntary manslaughter, and there's three things you have to prove. you have to prove that there was a crime. in fact, doing heroin, possessing heroin, a crime. you have to prove that there was criminal negligence. clearly if she's injecting a cocktail in him that kills him that's negligent, and you also have to prove, chris, that her actions were the direct result and cause of his death. in this particular, you know, motion where they are arguing she shouldn't have -- she should -- she should be released on her own recognizance, they lay out the facts. they basically say that these two were enjoying themselves. she shot herself up. he then rolled over. >> very different version. the media, including this outlet has been referring to her at a black widow, like she may be some type of a serial killer. >> she may be. >> or -- but there's a big or here now. >> there's a big or except you also have a guy, chris, who died of a heroin overdose who was her boyfriend and she was present at

the time. >> boyfriend. >> yes. >> there was another scenario here where, yes, maybe this is just terrible she's injecting at heroin in the people that she's with, or maybe there's something more sinister going on and by saying it's involuntary. >> where's the proof there's something more sinister? >> two dead bodies under the same circumstances, there's something going on. not the average person that's a heroin user and injected two people in two years that have died. >> that's the key. have you to look beyond this case to a pattern of behavior over time. you could see a prosecutor very easily saying this guy makes a decision to go out with somebody who gets paid for sex, to do drugs and gets inject by her because he's unable to do it for himself and he dies. am i really going to blame her? >> under the law she is culpable. >> not often are cases prosecuted that way but having two of them what is driving the

theory of the case. >> and they are also prosecuting this because of the fact it's a google executive, because the fact that the media is pressing. >> does that bother you? >> not really at all. >> because? >> because it's illegal. it's illegal to inject somebody else with drugs, and it is immoral as far as i'm concerned to step over the body. >> but the decision to do this just because it's a somebody? at least it's bringing attention to the problem or selective justice? >> bringing attention to the problem. >> it's not if you kill the wrong person you get attention. >> if you are a somebody you tend to have more focus but she's exactly convicted of what conrad murray was doing, sentenced to four years and served two of the years and was released in november. >> they are wrapping me, surprise. santa cruz police deputy chief told the "l.a. times" he doesn't believe tichelman intended to kill hayes. that blows a huge hole in the black widow theory.

>> it does but doesn't change the circumstances of involuntary manslaughter which under the facts the defense put forward she's guilty of. >> and you say they are making a play for less time. >> i think they are making a play for less time. >> mel robbins, appreciate the insight, deep and useful. >> kate? >> thanks, chris. coming up next on "new day," nasa is making a bold prediction about when it expects to find alien life. the truth may be out there. how long will we have to wait? [announcer] play close-good and close. help keep teeth clean and breath fresh with beneful healthy smile snacks. with soft meaty centers and teeth cleaning texture,it's dental that tastes so good. beneful healthy smile food and snacks. with a new volkswagen turbo. turbocharged reward card why are we so obsessed with turbo? because we like giving you power,

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your favorite song. >> i was listening to this. i was doing my pilates to this song earlier this morning. >> all right. it sounds like science fiction but suddenly the question is very, very real. could scientists find signs of aliens soon, like in the next 20 years? nasa is now saying that it is confident that life, life beyond earth can be found by this. the agency suspects there are nearly 100 million planets in our galaxy that could sustain this life. the revelation comes as cnn chronicles the space race in our original series "the sixties"

and it's wonderful. let's discuss with this astronaut michael massimino. great to have you here and see you again. >> great to be here. >> life out there in the next 20 years, we're going to find it. how can we be so confident? >> so many possibilities. look at the vastness of the university verse and the technology that we, hubble space telescope, makes sense that there's something else out there, probably some sign of life. >> that's a key distinction. >> john said the word life twice, meant for emphasis. >> thank you. were talking about some kind of life. not exactly a scentian being like chris cuomo. >> although we believe he may be from a foreign land. >> a low bar from me. will find something better than me. >> probably something microbial,

some small organism. >> where does that get us? >> somehow, turn back the clock many, many years ago we were probably at that stage at some point ourselves here on earth so if we can find another place that's similar to that, what is the key? where might that grow to something bigger than at that time? >> has that always been one of the goals of the space program, and, yes, let's put someone on the moon and let's get to mars and always keep an eye out. >> i think that that would be really big news. if we found another -- like if we found a being that was intelligent. >> i think we would probably lead with it. >> i think it would be a big place. >> it wouldn't be a big story. it's so far out there, pun intended, that you think the smart people of nasa aren't really looking for it.

>> that would be the greatest discovery ever i think, even if it was microbial life. it would be awesome, so we're not -- not necessarily saying this is what we're all about because we're about a lot of things, about improving life on earth and new technology and understanding where we came from and so on, but if it led to the discovery that there was life somewhere else i think that that would be huge. not the only goal but a pretty nice benefit to learn that. >> let's turn back the clock to talk about the big goals and "the sixties, cnn documentary tonight. you were a young man. >> at one point. before i was in space. this is what space did to me. >> you were a young man when they first stepped foot on the moon. >> 45 years ago. >> i'm bad at math. >> the anniversary is like this week. >> yes. >> what was that like for you. how inspiring was that for you

to see? >> i was 6 years old when that happened, and watching those guys walk on the moon and the flights leading up to that was very inspirational, and -- and i -- i saw that, and i was like i want to be like those guys. that's what i want to do, and if you talk to most astronauts around my age, i'm 51, so anyone that can remember that, i'm the younger age of who can remember because i was 6 because we were all inspired by that. it was that kind of event and it led us to do what we're doing now. >> what happened? >> i remember growing up. basically the same age. the space initiative made america in part who we were, striving for greatness. what is out there. is there some life? einstein wrote so extensively about the arrogance that we would think there isn't life out there. we either only ones. seems like today we keep cutting back on the someplace exploration. are we curious? >> what's going on? >> national priority. >> wasn't it also about beating the russians?

>> if you look at the program on cnn, your network here and it was a different set of circumstances. you're right. about beating the russians to the move. national objective. it was in some ways not just national pride and curiosity but national defense of what we were trying to accomplish and show the world. we have a different set of priorities for the space program. more about the exploration of science and improving life on earth. still important things but maybe not emphasis that we had back in the '60s. astronauts on the space station and plants beyond north orbit. still there. maybe not out in the forefront because it's become almost commonplace that we sent people into space. a lot of young people who are really interested in the space program. i think the commercial opportunities for people -- more people to experience it. i think that's going to create a lot of interest as well. >> it creates a bright future. >> mike makes a good point in this episode of "the sixties,"

something you base everything off of. if we can put a man on the moon, we can do "x." >> the mets won the world series in 1969, but people walking on the moon was the bigger story. >> the jets won. >> that's how long ago it was. >> put a man on the moon, even the jets can win the world series. >> a miracle year. >> that's anti-space. >> perfect segue. >> michael massimino, great to have you here with us. >> you've got to watch "the sixties," go set your dvr right now. >> a lot of news this morning so let's get to all of it, right now. >> this morning the humanitarian cease-fire broken. >> we will fight them and we will defeat them. >> we want to get a stop to the spilling of blood being waged on gaza. >> we have children, too. >> there has to be consequences associated with coming into the country. >> there will be a continued

inflow until we change the law. >> i still dream of my beautiful daughter as she's alive. >> for the fourth time the woman at the helm of general motors is facing congress. >> this is a tragic problem that should never have happened and must never happen again. good morning. welcome back to "new day." we do have breaking news. this five-hour humanitarian truce between hamas and israel did not last five hours. it has been broken some two hours in. now according to the israeli army hamas violated the u.n.-brokered cause by firing at least three mortars into israel from gaza. they landed in an open area we're told. >> it allows palestinians in gaza to stock up on food, water and other much-needed supplies so could an israeli ground offensive be next? the cease-fire seems to be broken at this point. let's go to cnn's wolf blitzer joining us live from jerusalem.

i thought we would be talking about could this be an opening to a longer cease-fire and now we're already seeing it's been broken a couple hours in. what are you hearing about this? >> well, with mortar fire coming into israel, this is what the idf, the israel defence forces say. they had mortar fire, not rockets, not missiles, mortars. that would be a violation of this u.n.-sponsored temporary truce, temporary cease-fire and so far the israelis have not reacted. they will give it more time. they won't necessarily see the mortar fire that may have come in from some elements not necessarily directly under the control of hamas. they will give it more time and see what happens but you're absolutely right. a lot of folks and people would like on the palestinian side and the israeli side to see this truce, this u.n.-brokered truce as an opening, expand it, and let the fighting stop and let the negotiations continue and there are efforts under way in cairo right now, the vipgs government meeting separately with the hamas and israeli delegation now in cairo as well.

let's see what happens in the next hour or two >> an innocent loss of life here that we cannot forget. i wanted to find out from you, speaking with israeli officials, what do they think happened? why did that air strike happen that killed the four palestinian boys in gaza? do they know why that happened? the chief spokesman for the idf says it seems to be a terrible, terrible blunder on the part of the israeli military. they say what they are going after the terrorist targets but the four little boys were killed. they were playing football or soccer on the beach. it's an awful situation. the israelis have launched their own internal investigation. spokesman for the prime minister told me that a general has now been put in charm. they also say the israelis, if the palestinians, if the hamas militants had accepted the day before that cease-fire, those boys would still be alive today but they didn't. the israelis did, and now there's a temporary cease-fire. let's hope that could hold. the israelis also make that

point, they are doing their best, no perfect and doing their best to avoid civilian casualties. i went to an israeli air force base to talk to some drone pilots and f-15 pilots. this is what an israeli drone sees over gasa. cnn got special access to this highly secure israeli air force base, home to the israeli drone program. i spoke with lieutenant orr whose face and last name we're not allowed to show. his job, to make sure targets are clear of civilians. >> how do you do that? >> we see the picture live before we attack the target. we are flying through the target, searching for civilians and searching for any casualty that can be around the target. >> before israeli jet fighters, f-16 or any other israeli plane actually goes out there and launches missiles, you have to clear it, is that right? >> that's right. >> the israel defense forces gave this video to cnn which

they say shows they take every effort to spare civilian lives. as this target is about to be struck, it's called off at the last minute. >> we reached the target, and as we're getting closer we -- we saw people walking around the main street. we immediately stopped the attack. >> his message to relayed to the lieutenant ohmert of the israeli air force whose f-15 was ready to strike. >> five seconds before we released the bombs we saw someone and the communications said cancel the bombing. >> still, palestinians are dying, and the death toll is now over 200. the israeli military says it has targeted over 1,800 sites in gaza from which they believe hamas is operating. it's not a perfect business though, as you know, because a lot of palestinian civilians have been killed. >> as i said, every death of any civilian from every side, it's

tragedy. >> when there are mistakes do you feel guilt? >> sometimes there are mistakes, and, yes, i take it personally. >> clearly there was a major mistake that occurred when those four little boys were killed on that beach in gaza city. earlier this morning the israelis released some dramatic new video. i'll show it to you quickly, kate. it shows what theislition say 13 hamas militants crawling out of a tunnel that was built from inside gaza, actually that tunnel opening inside israel near kibbutz sufa. the israelis fired at these 13 palestinian -- these hamas infiltrators, as they call them, and all of them were killed, and they are trying to go after those tunnels. there are others as well, so the -- that video just released about an hour or so ago by the idf, the israel defense forces. let's hope that cease-fire holds and the negotiations, the

diplomatic negotiations can end this current round of violence because it's awful, i must say, on both side. >> absolutely right, wolf. we'll see. it's happening as we speak on the ground right there. wolf, thank you so much. you'll see wolf. he'll be reporting there on the ground in israel 1:00 p.m. eastern and, of course, from "the situation room" 5:00 p.m. eastern right here on cnn. so here's a question for you. if you were in congress would you go on vacation while thousands of kids were stuck in not great conditions to say the least on the border? in two weeks congress is planning on doing just that because lawmakers are doing what they are doing best. they are obstructing. they are lining up to oppose the president's $4 billion proposal to deal with the issue, and that's okay, but they are not really proposing anything better themselves. instead, they are continuing to make these kids pawns. now more and more states are lining up to say not in my backyard, we don't want them so what's going to happen. let's go to cnn's michelle kosinski at the white house with more. is there any chance for hope that there will be something

done at least to help the kids? >> reporter: there is work being done, but, you know, this crisis as many have sauld it has been going on for months p.a lot of talking this week but something needs to be done. we're what, nine working days away from congress taking off for august and even democratic governors are saying no to temporarily housing these people who are here on their own. congress is now down to days. all that's left of summer to approve funding, change the process to deal with the thousands of families, children that have stirred this nation's emotions. >> we have children, too! >> reporter: last night the president met with the congressional hispanic caucus and many though not all of whom fiercely oppose changing the law that gives all central american kids a chance to plead their cases for asylum here. >> it was a very emotional meeting. the pain that we feel about children at the border and the pain that we feel given that

1,000 people will be detorted today and 2 million have been deported, that pain that our community is going, that destructive nature of our broken immigration system. >> reporter: the white house also briefed the senate behind closed doors last night asking for nearly $4 billion and a change in the law with very mixed reactions. >> nothing is going to improve until the plane loads of children return to the country that they left. >> the average cost of dealing with an unaccompanied minor was $2 $250 to $1,000 a day. >> reporter: republicans want to change that bush era anti-trafficking law that gives children from kids from a country not bordering the u.s. legal asylum that kids from mexico don't get, even though many will be sent home anyway, a law that many of these same lawmakers voted for at the time not knowing this surge of unaccompanied minors would start around 2012, the same year president obama allowed many immigrants brought here as children to stay. the legal process now can take

years. temporary housing is needed around the country, but several states, even some democrats running those states, are saying no to the white house insisting it's the federal government's burden. >> the congress of the united states should appropriate $3.7 billion which the president has asked for. >> reporter: it seemed pretty clear last night that the senate is not ready to approve the president's plan, but there are other bills percolating up. there's a bipartisan one, one in the senate, a republican one in the house. a lot of work going on, but no voting yet. this is a tough issue that at this point even the pope has weighed in on. he says there needs to be a change in attitude away from defensiveness and fear and that these children should be welcomed and protected. chris? >> you don't need to be the pope to know that these kids deserve better than they are getting right now, whether they stay or whether they get sent back home. michelle, thank you very much. another story for you. general motors ceo mary bar rah

is back in front of congress this morning for the fourth time. okay, why? the issue of why the company delayed recalling millions of cars with faulty ignition switches just continues to get worse. why? the "new york times" investigation has uncovered new evidence of the lengths that gm apparently went to to cover up the problem. let's get some perspective from someone who understands this very well, joan claybrook, safety activist and former head of the national highway traffic safety administration. miss claybrook, thanks very much for joining us as always. >> my pleasure. >> what do you make of these new documents uncovered by the "new york times" that show, alledgedly, that gm not only kept silent on fatal crashes but in some cases appeared to purposefully omit key information? >> well, it's outrageous. this is a huge corporation that has responsibility to millions of people across the country with the vehicles that they sell. they are supposed to inform the

national highway traffic safety administration accurately of the information they knew about a safety defect. they misled the agency. they covered it up, and -- and this company deserves criminal penalties for this misbehavior. >> gm keeps saying that was the old gm. we are the new gm. we are being open and honest, but, miss claybrook, aren't these the same people who were involved then, just some are in different positions now? >> many of them are the same, and the general counsel of general motors, mr. milligan works will appear before congress today, is going to be targeted particularly because the lawyers handled lawsuits filed against the company that alleged that they had this problem existed with the ignition switches, and so they knew a lot of information that they never revealed to the department of transportation, the national highway traffic safety administration, so they are going to be target. lawyers are supposed to tell the truth. if no one else is, lawyers are

definitely supposed to be. they are officers of the court so i think that that's a key issue that will come up today. >> i want to talk to you about nhtsa's role in this. you understand that very well as the former head. just looking at this, this seems to play to an often held prejudice against big companies which is this. you knew that your product was bad. i made a calculation about what it would cost you, and when you decided it would cost too much you hid it and hoped for the best. is that's what's going on here? >> i believe it is. many companies don't tell the department of transportation everything, and they do get away with it, and i think general motors thought it would get away with it, but in this particular case the information came out, and a new ceo came in and decided to recall these old cars, and -- and so then people started looking at more detail and discovered lots of very outrageous misbehavior by general motors and reckless

endangerment of the american public. >> what's the chance that mary bar rah had no knowledge or information of this hour, given how high her positions were in the company? >> well, i don't -- she says she did not know about this defect and you can't really challenge that. >> why can't we challenge it, miss claybrook? everybody seemed to know. it was an open secret. it was a question of how much. that's what these documents show. these weren't secret documents. why give her a pass? >> well, i'm not giving her a pass. i'm just saying that she's the ceo of the company and she says she didn't know. a lot of people that she was associated with apparently did know, but we have no way of documenting that unless there's a lawsuit that can, you know, extract that kind of information. i think the more important issue at this point is to look at what should be done. you mentioned the department of transportation. >> yes. >> there needs to be legislation. there needs to be legislation that keeps the nhtsa, the regulator, from keeping information secrets.

it's been one of the most secretive agencies in recent years and that's wrong. this is a consumer protection agency, and the public should have access to this information, and if the public had had access to this information that nhtsa knew, then i think that the outcome could have been different. there were two times recommendations made by engineers at nhtsa in 2007 and 2010. >> right. >> to do a re-investigation, and they were turned down internally by their superiors. >> but i don't get this. you were the former administrator. i'm not accusing you of anything. you ran the place and how could they be keeping information from the public when that's their job is to expose the information to the public, and how is that something that can't be fixed? >> well, it can be fixed and it needs to be fixed. the agency, you know, by delaying, by not answering, by putting off freedom of information act requests and so on are making it more complicated and having a web page that doesn't work well. they make it so difficult to get the information that people don't >> are they in cahoots?

is nhtsa in cahoots with the companies, all the employees going from the administration into the car companies and back again so that you have some incentive to be nice to these companies? >> actually there's a grain of truth in that because when you finish your career at the department of transportation, some people want to keep on working and quite a number of people from nhtsa have gone to work for law firms or other companies or actually to the auto companies, so, yes, there is that incentive, but i don't think that that's necessarily what's played out here. i think that this agency doesn't like to be criticized so it just makes it very difficult to get information, and so what we would like is legislation that requires this kind of information to be made public, that increases the penalties. right now the maximum civil penalty for general motors is $35 million. it should be $300 million or more. >> money is never enough. you have to have the fear that you're going to do time. >> and criminal penalties are absolutely essential.

there are criminal penalties under the justice department for lying to the government. >> right. >> but for not communicating what they knew, there are no penalties and there should be, and in addition, nhtsa's budget needs to be increased. it's $140 million for the entire government program for auto safety in the entire u.s., so it's -- it's much too little so the agency doesn't have the resources to do a good job either. >> understood and important to note you work with public citizen. you don't work for a car company. you're out there advocating for people. i didn't want to throw you in with the bad guys. thank you very much, miss claybrook, appreciate the perspective. >> thank you. a lot of news to start your new day. let's goat john berman. still hope for a deal on eliminating iran's nuclear program even with a deadline looming and no end in sight. secretary of state john kerry says significant gaps do remain. breaking overnight ukraine

says russia shot down one of its jets. kiev says a russian military plane launched a missile strike. the pilot ejected and was picked up safely. meantime, russia is reacting to new tougher sanctions from the united states. russia's foreign minister warning their response will be painful. the new round of sanctions targets russian banks, energy companies and the defense industry. california's death penalty has been ruled unconstitutional by a federal judge. the ruling interprets the executions as cruel and unusual punishment because of long delays and uncertainty. the judge cited the more than 900 people who have been sentenced to die in california since 1978. only 13 of them have been executed. passengers are finally back on dry land after some 16 hours stranded on a casino boat. the escapade was on its maiden voyage when it ran aground by two miles off the georgia coast. the coast guard used smaller boats to ferry most of the passengers to shore. a few were hoisted out by helicopter. the escapades crew says the

navigation malfunction led them into shallow water. yikes. >> i've had a couple of those. >> i bet. >> that's a life metaphor. >> that boat was high and dry by the way. >> also a life metaphor, not lucky on casino cruise. >> any more life metaphors you can offer? >> the weather today is a metaphor for life. for that we go to indra petersons. >> at least i have good news. what we're talking about in the northeast the cold front has kicked out of here and the low is making its way and look what is left, all the cold air diving in and going all the way down into the southeast. record lows are out this morning. in fact, atlanta already broke its record low for 61 degrees. so comfortable this morning in the midwest. people saying it's chilly but i don't think 50 is quite chilly. by the way, you're starting off mild so, of course, you'll end off a little bit on the cool side. temperatures mild in the midwest and the northeast for the next couple of days. we're going to enjoy this. the big takeaway it's dry. the cold front is out of here

and we speak of dry, humidity, it's dropped so it feels comfortable. d.c. seeing a 39%, so 60% and 70% humidities we were looking at. trading places. northeast starting to dry out but not the case in the southern plains. take a look at the amount of rain expected this. low pulls all the moisture in out of the gulf, talking about 5 to 7 or even 8 inches of rain possible. that's going to be a huge concern for portions of texas and louisiana, anyone flying today, worried about dallas-fort worth, a lot of delays with severe weather. good here, bad there. >> thanks, indraft. thanks so much. >> did you hear indra say that 50s she doesn't consider cold. do you think she ever would have said that a year ago when she joined us here? >> she's changed. >> for the better, right. >> just going to leave it there. >> metaphor on life. >> looking for a metaphor on life. >> and none for the better, john. >> for the better. >> thank you. >> uh-oh, not a convincing face.

coming up next on "new day," a bitter legal drama unfolding at yahoo!. a high ranking executive is now fighting back after a former employee allegessayersman. we'll break down what both of these sides are saying. and life or death drama captured on camera. this is police officer responding to a drowning. he has a body cam on and captures everything. we'll show you what happens. when la quinta.com sends sales rep steve hatfield the ready for you alert, the second his room is ready.

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new accusations this morning involving a high ranking yahoo! executive. a former employee has filed a lawsuit accusing her female boss of sexual harassment. she says her former boss force her to have sex and threatened to fire her if she refused. now that executive is also fighting back and suing her right back. c what's going on is. >> a woman accusing another woman of sexual harassment at a major tech company. i spoke to nan chi who spoke to me about the details behind the sexual harassment. take a listen. >> and i told her, hey, look, we are friends and you are my manager. we shouldn't be doing this. >> that's what a former yahoo! engineer says she told her boss when she allegedly came on to her. >> and then she hug me all over

and took my hands, you know, and put it under her. i just felt like, you know, i was being force d and i did ora sex. >> the former microsoft engineer left the company to start a startup that was eventually acquired by yahoo!. according to chi her boss said to stay in her apartment. she's suing her for sexual harassment and wrongful termination and zhang is firing back, too. >> did you tell her it made you feel uncomfortable? >> no, i just told her that i didn't want to do it. >> zhang joked that her future hung in the balance. >> she said, well, if you don't

do this, you may not get your stocks, and, you know, you may not even stay at yahoo! >> suit just filed against nan shi zhang denies ever having a sexual relationship with her claiming the engineer is looking for financial begin and simply wasn't making the grade. nan shi tells us another story claiming after she cut off the sexual advances her work was affect. nan says she was removed from projects and separated from her teammates. >> i don't mind hard times but, please, please, i'm a human being. you cannot separate me from my other co-workers. >> she reported the alleged harassment to yahoo! hr. >> the help i wanted is please, please, move me to another team. i don't feel safe. >> as a result nan shi yahoo! asked her to stay home while they conducted the investigation. >> that was the hardest time i

went through, you know. i -- after months i finally went to my family doctor. i told her, you know, i have depression. >> zhang also says her reputation has been damaged. nan shi herself claims both emotional and financial damages as questions linger. >> i just sit here and keep asking myself why me? >> an interesting case. obviously, you know, she's very upset and very emotional during this interview but you have to look at the other say is maria zhang saying these allegations are completely false, they are inhumane so this case is obviously ongoing. >> clearly someone isn't telling the truth. >> completely conflicting. >> coming up on "new day," chris christie speaking his mind.

he says asking him if he's running for president is obnoxious and guess what he's doing? heading to iowa. why is he heading there? find out. >> great state, especially in the summer. >> new research calling the cholesterol drug niacin risky. dr. sanjay gupta joins us to tell us why. hey pal? you ready?

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welcome back to the show.

there reese a lot of news to start your "new day" so let's get to john berman in for michaela. >> thank you. israel reporting this morning the first violation of what was supposed to be a five-hour humanitarian truce. hamas firing at least three mortars from gaza into southern israel about two hours into the cease-fire. there's been no immediate response from israel. both sides had agreed to a u.n. requested break to allow palestinian civilians in gaza to stock up on food, water and other supplies. happening today, the chairman of the house committee on veterans affairs will follow a blueprint reform to fix widespread problems at the v.a. and he's confident the bill will be voted on before the august recess and he's also claiming his team was spied on when he went to philadelphia two weeks ago. a life-saving rescue captured on camera. take a look at this. eight year politician veteran can be seen performing cpr on a

2-year-old who fell into a swimming pool and was drowning. the rescue was recorded on his department-issued body camera. quintana said the ordeal was the scariest thing he's ever been a part of on the force. thankfully the little boy is doing just fine. look at that lucky kid. >> boy, you know, one of the things that's amazing, first all amazing how officers jump in in a first responder position and do what they have to do and subdue their own emotions but cpr on a kid is really tricky. you will take the kid. >> too much is too bad and press too hard you'll break bones. >> you're supposed to do it on their back and when they get older you're allowed to do it on the chest. you saw the woman was breathing in. they say not to do that anymore so what to do with a kid is especially difficult. >> and keep your cool in the middle of what you're supposed to do and what you're going to do in the middle of a crisis. >> really impressive. most people in that circumstance, you freeze. >> thank goodness that little boy is okay. >> thank you for that man's work on that.

a lot of politics that means we go "inside politics" on "new day" with mr. john king. >> good morning, all. amen to that overs and all the first responders out there. as a parent you watch that and your heart grows, swells with pride. thank you, guys. a busy day to go inside politics. with me juli pace of the associated press and ron fournier of "national journal." chris christie is going to be in iowa today. hmm. who would have thunk it. three stops in iowa for the new jersey governor, raising money for republicans on ballot this year and is thinking about 2016, fascinating conversation he had yesterday with cnbc's john harwood. read it or watch it if you haven't. john hardwood asked him three or four times. are you running, are you running? the fact is you should be aware of people in my opinion who are overanxious to make that decision. that would indicate ambition before wisdom and i don't think that's what you want from the person sitting in the oval office. is that a criticism of say a rand paul or someone out there earl who seems to think they are already runing? chris christie says i'm thinking about it but not sure just yet.

>> perhaps hillary clinton. >> i know, shocking. >> i think it's a smart tactic from christie because there is this sense among the public that they are a little wary of people who appear overly ambitious, appear to be seeking power and maybe not seeking the presidency for the right reasons. obviously though he is going to iowa. he is doing a lot of things this year that certainly make it look like he's thinking about the presidency. are those just words there or part of how he really feels? >> part of his public personas, i call them as i see them, won't be rushed into anything. going to iowa, a place where christian conservatives are prominent in the primaries and one of the key suspicions, where is he on gay marriage and what would he do with the hobby lobby ruling? will we get a flavor of that? >> there's a poll out today that shows his unfavorability ratings in iowa are among the highest in the republican field.

a lot of work to do there. christie, like hillary clinton, like rand paul, a bunch of other folks are running for president right now. the only question is do they keep running a year from now? >> a key test for him. his own feeling of how he's doing out there with the grass roots. let's move on to a guy on the ballot in 2008 as the vice presidential nominee, on the ballot in 2012. some of us think joe biden, at least he's exploring 2016 as well. listen to him here speaking to a progressive organization in washington. he says go back and remember 2008 was about hope and change. well, here's joe biden's current version. >> look, folks, this is within our power to change. everybody says because we tried, you know, in '08 it didn't happen it's not possible. wrong. we over gone through these periods before, we've gone through these periods. >> read that, ron fournier, as persistence, we'll keep trying or you can read it, yeah, well, all right, we failed. >> there must be a clip after that where he says, hey, i'm

just kidding. he -- he basically conceded the original sin of the obama presidency which is we promised to at least start changing washington and we failed, and later on what he does say there is we can change things if we're the drivers of the change. who has been driving the last five and a half years? it was a really bad moment for the white house. >> you think a really bad moment. and they say this is the appeal of joe biden, calls them like he sees it, a straight shooter. can't like that. >> like it when he's straight shooter saying things that help him but don't like it when he's saying things that essentially the white house has failed in changing washington. this is why it would be so difficult for joe biden to run for president because he would be running for president as an active part of this administration, for someone like hillary clinton she obviously has ties to the administration but would have left and been gone for the whole second term. she can at least put actual distance. biden can't do that. >> she would get more distance but something else the vice president said in that same speech, remember, he forced the

presidenteth's hadn't and went public with same-sex marriage and accelerated the process in the white house so president obama had to say me, too. secretary clinton didn't say that until she left. she was at the state department and wasn't the place to do it. didn't announce it until she was after government and listen to joe biden saying, you know, i was out front here, folks. >> i've been hanging around enough to know the american people are usually way ahead of the leaders. the american people are usually way ahead of the leaders. >> is he trying to make a point there? >> oh, yeah. first all, he's right. he was ahead of the rest of the democratic party on this issue. he was on the right side of history before anybody else, and he did push barack obama out further than the president wanted to be. but what he's trying to do here tactically is have some distance between himself and the president just like hillary clinton yesterday also talked about how we haven't been selling our foreign policy and american's vision around the country. >> he can do that on gay

marriage, because the president eventually followed along, democrats eventually followed along. imagine him in, you know, 2016 talking about a foreign policy crisis that's happening and coming out there publicly saying, well, i feel like we should do this. people would say why aren't you getting the president to do that? you're a vice president. that will be a lot trickier. >> we know there's been some disagreements between the though on that. a fascinating controversy, divide in the democratic party right now as the president tries to navigate we think his key obstacle is house republicans, but the president is trying to navigate what to do about this crisis at the border and getting a lot of heat from the liberal base and also a flip-flop from nancy pelosi. last week she said changing that 2008 law, the law that requires if you don't come from mexico, so these kids are from guatemala, honduras and el salvador, guaranteed a legal process. republicans say we need to change that law to send them home quicker and last week nancy pelosi said it's not a deal breaker and now she says not so much of a hurry to change the

law. >> a lot of pressure fromled hispanic caucus. they don't want to look at a policy that speeds up depo deportations and send these kids back to countries that are extremely violent and the white house really wants that as a solution, that that's the only way to deal with the magnitude of this crisis. >> this president is really in a tough political and policy position. think about it. on one hand we can't let all of the world's troubled children into our borders. we don't even have enough space for that. on the other hand, if there was any other place in the world where there was tens of thousands of children flooding across the border, we would do two things as a country, one, expect the country and the nearest border to take those kids in and we'd be passing the plate at church to send money out of our pockets to help these kids. this is on our border and it's making it a lot more complicated for the president and for us as we try to figure out what is the right thing to do. >> it's a legitimately difficult policy issue and now it's caught

up in mid-term politics. >> did you see the poll out yesterday, "washington post"/abc poll showing 52% of hispanic voters don't like how the president is handling this. that's his base. he needs those people out in november. >> we want to know when is our backup. if we call in sick works will fill in for us? george w. bush had to call in not sick but recovering. he just had some replacement knee surgery. supposed to give a speech to a financial group today so they had to scramble to find somebody at the last minute and who did they get? look at our friend on politico today reporting hillary clinton. she's new to this paid speaking circuit. just got to be funny if you're george w. bush and home getting ready to go back on the mountain bike. i step aside and they go for her? >> i don't get the impression that hillary clinton -- i get the impression that hillary clinton will talk to any audience, universities, insurance groups, doctors. >> amayor price, financial group. elizabeth warren might say she's the wall street lady. elizabeth warren is not running.

on that note conan o'brien seems to note, ladies and gentlemen in, new york, hillary clinton gives speeches for money. >> hillary clinton in the news. some people are still critical of hillary clinton because of her speaking fee which is very high. the university of buffalo reportedly hillary clinton $275,000 to speak, yeah. apparently joe biden got $300,000 not to speak. >> boda-bing boda-boom. >> you can't get a break, man. he can't get a break. >> he can't, but, you know, it is the life of joe biden. >> that's right. he also sets himself up quite a bit. >> gotten to be vice president of the united states. some would call that a break. >> not a bad gig. >> not a bad gig. >> thank you very much, sir. see you tomorrow. coming up on "new day" right now, a popular heart health drug may be risky. if you or someone you know is on it, you better listen up. the drug is niacin, and

dr. sanjay gupta is going to be here and will tell us what we need to know. plus, there's been a sharp raise in the amount of severe turbulence in the skies. you probably know this without me even telling you this. dozens of passengers reporting injuries. one correspondent goes on a flight to see why. [ male announcer ] we know they're out there. you can't always see them. but it's our job to find them. the answers. the solutions. the innovations. all waiting to help us build something better. something more amazing. a safer, cleaner, brighter future. at boeing, that's what building something better is all about. ♪

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we have new information this morning about some serious side effects from the popular prescription form of niacin. this is a type of "b" vitamin, niacin widely used for cholesterol problems and general heart health, and now doctors are saying it might be too risky for routine use. got to pay attention to this. chief medical correspondent dr. sanjay gupta joins us to shed some light on this. what is it, 700,000 prescriptions of niacin written each month in the u.s., hundreds of millions of dollars, and now we hear it may be harmful? >> yeah. this is really interesting and will make a lot of waves because

people have relied on this medication for a long time for their cholesterol levels, to lower the bad cholesterol and raise the good cholesterol, and i'll point out hardly anything we know out there is good at raising good cholesterol. not any other medications out there which was so popular. these are two trials actually going on simultaneously, and big trials, following patients for a long time and just what you said, john. it didn't do what they thought it was going to do. it did lower cholesterol levels but did not seem to reduce heart attacks and all the salas claar events which is what people really hope for. >> so is it risk? >> and there are risks. we've known there are risks for some time but we said, look, you know, the benefits may outweigh the risks. a lot of people would experience flushing, and this sounds like a small thing but actually pretty significant. people could pass out but also increasing the likelihood of a gi, gastrointestinal bleeding problems, all sorts of different things. those are still there. they were still there in this

trial. just didn't have the benefits. >> you're saying medicine, i thought it was just a vitamin. >> it is a vitamin, but they have been able to take this, and they have added things to it to try to reduce some of the side effects and make it absorb more easily in the body so there's a form that comes as a prescription form. >> is it all kinds though now at issue? >> nothing seems to work here, and this is pretty condemning stuff with regard. the over-the-counter, just vitamin form of it, when you added the other medications to lower the side effect profile, when you enhance it in any way that you could, it just didn't seem to have the benefits. now, there may be certain groups of people who are just the highest risk, you know. they are really at high risk. they can't take normal cholesterol-lowering medications. maybe there's still a small benefit for them, but that's not the vast majority of the 700,000 people. >> aren't a lot of people sitting down right now this morning and that's part of their probably daily routine is to take it. should they not take it today? >> talk to their doctor other so

there's no other high-risk category. most of the people hated that medication because it caused that flushing. >> because of the side effects. >> a really uncomfortable medication to take so in some ways a lot of people will be saying thank you for not making me take this medication anymore, and it doesn't have the benefit. >> you said something that's very interesting, that there was no connection between the cholesterol and heart disease. i keep reading that more and more. >> right. >> with eggs, okay. that -- i was reading you don't want to eat the eggs, yellows have cholesterol in there. is there a connection for sure between eating cholesterol foods like eggs and getting heart disease? >> i think the idea that if you eat foods like that and you raise your cholesterol, there is evidence that it increases your risk of heart disease. what we don't seem to know the way that we lower it, using medications, using things like niacin, if that makes a difference. if we can say eat whatever you wan, take these medications,

lower your cholesterol, it all comes back down to baseline, there's increasing evidence that's not true. >> right. >> you can't just lower your cholesterol using these medications and have it be like you never ate those foods in the first place. we don't know why. these medications work in all sorts of different ways, some block the liver from making as much cholesterol. some absorb cholesterol. a lot of your gut, do it in all sorts of different ways and with regards to niacin it doesn't make a difference and it could be problematic. >> hugely important message then this morning. >> i think so. within the world of cardiology and i have a risk of heart disease in my family, people are throwing medications you all the time even if you're at risk of things, and a lot of people will be paying attention to this. >> and they should. sanjay, great to see you. >> thank you. >> coming up next on "new day," flight turbulence is on the rise. probably felt it yourself. causing more and more injuries to passengers. we'll take a look at what's behind why it seems like there's so much more turbulence in the sky. when salesman alan ames books his room at laquinta.com, he gets a ready for you alert the second his room is ready.

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if you've flown recently and felt it has become a bumpier and bumpier ride you're probably right. there has been a rise in the number of incidents in the skies. more planes hitting violent patches of turbulence, causing injuries and just as important causing a lot of fear in passengers, so what's behind the increase? is it tangible? george howell got a surprising answer. >> reporter: at least 20 passengers injured, two of them seriously are hitting severe turbulence on a south african flight from johannesburg to hong kong. the shake so long violent at times some passengers hit their heads.

>> flying smoothly and i think we hit an air pocket because we just bounced about three times. >> reporter: in fact, it's becoming more and more common in the skies lately. in april, 12 passengers suffered injuries from a united airlines plane after the flight experienced turbulence according to the faa. and online, you can find several examples of passengers hitting bumpy air. i even experienced the discomfort of sudden drops in flight recently from takeoff to touchdown. we're flying from austin to chicago and it's one of the bumpiest flights i've been on ever. what do you think? >> my stomach actually physically hurts from the flight being so choppy. >> reporter: a recent study suggests we could see more air turbulence in the future as a result of climate change. >> we'll never be able to say one particular person's flight experience which was bumpy has

been caused by climate change, of course we can't. what we can say is as the climate changes the odds of encountering turbulence on your flight are increasing. >> reporter: williams says climate change is not only heating up the bottom part of the atmosphere but increased carbon dioxide levels are changing the temperatures and wind speeds in the jet stream. his research focuses in on transatlantic flights and predicts the frequency of reported clear air turbulence will double by mid century and increase in intensity of the shaking by 10% to 40%, a rough, new reality for passengers. >> every flight i get on gets choppier enchoppier. it's been prevalent lately in the last month of flying. >> reporter: best to buckle up for a bumpy ride. george howell, cnn, chicago. >> for a long time i was one of the people when the seat belt sign went off i would keep it off. not anymore, not at all anymore

because you never know when it's going to come. we have' seen that more often, the turbulence comes out of nowhere. >> do you think it is climate change or more air traffic in. >> i think all contributes to it. don't you think? >> i don't know. i think it's the air traffic. i think, i don't know anything about climate change but i feel there are so many more planes in the air, and a little bit we pay attention to it, also. i think that's, often topples komz out no? you like saying -- >> you're just having a conversation. i'm sitting here. >> you are saying you buckle up. i'm safe. the rest of you are not. >> that's what you're saying. we were trying to explain the condition, you were just taking care of yourself. that's all right. you can go that way. >> got to on this show. >> a ped of calm shattered, what's happening in the middle east, hamas ending a humanitarian pause, firing mortars into israel, so we will be live on the ground with the latest. hey pal? you ready?

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cease-fire between israel and hamas ends early. israel thwarting a terror plot overnight as well. now threatening a full invasion as palestinians mourn four children killed on a beach. we are there. running out of time, the white house pushing to win over senators on its immigration plan in closed door meetings late wednesday. there seems to be little common ground. congress has just days to act before their long summer recess. shoot-out, a wild and deadly standoff between police and bank robbers carrying machine guns. three hostages caught in the middle of it all. one of them has died. we have the latest. >> your "new day" continues right now. >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. >> quick check of the day and off we go. good morning and welcome to "new day." it's thursday, july 17th, 8:00 in the east. this was supposed to be the

moment the humanitarian truce between israel and hamas was tested. instead, hamas broekz it hours in, hours ago. breaking this morning, hamas violated what was supposed to be a five-hour period of calm by firing tree mortar shells into israel. >> the two sides agreed to hold their fire, the reason so that people in gaza could replenish essentials in a peaceful environment. the israelis say hamas militants tried to infiltrate israel during this period by sneaking through a tunnel as the truce began, a day after four kids who were playing soccer on the beach were killed in an israeli air strike. let's bring in cnn's ben wedeman. he's live in gaza. what are you experiencing on the ground? are you seeing exchange of fire? >> reporter: no exchange of fire at the moment, chris. what we're hearing is the exchange of horns, car horns in the streets of gaza. i have' seen more people out than i've seen in the last ten

days. downstairs there's a bank, there must have been 30 or 40 people waiting to get out money, it's the first day banks have been opened in ten days so despite that incident, gaza almost looks back to normal. we're not hearing anything from here where we are. it is three minutes past 3:00 local time which is when the cease-fire was supposed to come to an end. there was that incident but it didn't work out that the fire ever really ceased. this morning the humanitarian cease-fire broken. mortars launched toward the regional council in israel, only two hours after the temporary cease-fire started, agreed upon by both sides in order for the u.n. to tend to the injured in gaza, nearing 2,000. joust hours earlier, rockets were fired by hamas over tel aviv. one intercepted by the iron

dome, another making contact. israeli forces also announcing they foiled what they called a major terror attack. hamas attempting to infrill trait the border crossing through a tunnel in the southern gaza strip. this shows about a dozen men emerging from the tunnel, the air strike that followed kill several of them. photographs from the scene show weapons on the ground around the tunnel entrance. >> we must be clear the people are not the problem. the problem is with the terrorist and others trying to kill our people. >> reporter: on wednesday, medics raceed along a gaza baeah where four boys were killed from an israeli gunship, near a refugee camp in northern gaza. the boys were rushed to a hospital in gaza city, but it was too late. their parents collapsing in grief.

a hamas spokesman calls these deaths a war crime. the israeli military says they're investigating, dcalling the civilian tragedies a tragic outcome. there is talk of a possible cease-fire, there is rather an israeli delegation just now left cairo discussing the possibility of an end to hostilities, but at the moment, no word yet. kate? >> things need to move a lot faster and quicker. let's turn to russia where tougher u.s. sanctions are escalating tensions between two countries, russian officials warn the response from the united states will be painful for the u.s., and relations between the two countries could revert to that of the cold war era. white house correspondent michelle kosinski, what is going on? >> today there's a report of

russians shooting down a ukrainian military jet. we have a handful of top russian banks, energy companies, defense companies and more individuals targeted by sanctions and it was the president himself who announced what the west has believed for a long time that russia has not been taking any steps to deescala'escalate the positions in there. those targeted are going to feel the sanctions, we are talking about banks here, essentially shut out of doing business in the u.s. dollar which can pretty important. you may have noticed these are not the sweeping sector role sanctions that would target huge swathes of the russian economy that the u.s. and others have been warning russia about for months. what happened to those? for one thing the u.s. is having a tough time getting europe on board with those. in response, russia called these targeted actions evil and

harmful to the u.s. kate? >> michelle, thank you very much. let's turn to this, all sides indicating talks could be extended over iran's nuclear program. negotiations had been stalled for months over iran's enrichment program but with the deadline approaching, iran is signaling it may be ready to make some concessions if sanctions can be sailed back. alyce, what is iran saying? >> negotiators are continuing to talk but the july 20th deadline. it's a foregone conclusion they'll pass that deadline and announce extension of the talks. no one wants to say that until the last minute but the gaps are still significant between the two sides. iran is willing to soften negotiations on this nuclear architecture that they'd be able to maintain in the event of a deal it's still very far from

what the united states and the other parties want. president owebama has set a limited nuclear enrichment program because they think that nuclear enrichment fuel could be used for a bomb and iran wants to be able to hold on to a lot of it. they say they need that for a peaceful program. so the problem is, kate and chris, both sides are coming up against domestic pressure at home, the u.s. president obama has to deal with congress, who says if there is no deal, that new sanctions should be imposed and the iranians are dealing with their hard liners at home that could use this time line extension for the talks. it looks as if those talks will be extended for another couple of months, but if we go up to november, which is a deadline from this original interim deal, immediate u.s. sanctions could be imposed and that could really further deteriorate this goodwill that we've seen from iran in these recent months.

chris? >> elice, thank you. tough talk is ramping up with what's happening with undocumented people on the border, but action much harder to come by. democrats and republicans both blasting the white house, opposing president obama's $4 billion proposal to deal with the issue, not come up with much themselves, we're still waiting to are that. if they can't think of anything better they have two weeks before they go on vacation for a month. do you think they would take a vacation while all these undocumented kids are sitting in not great conditions on the border? for more let's turn to kansas secretary of state republican mr. chris cobash. he drafted the troersi icontrov arizona and alabama laws. great to see you >> thank you. >> before we get into the specifics of what you see in kansas and what you think should

be done and why, this notion that in two weeks, the men and women down in washington are going to take a one-month vacation, do you think they should be allowed to do that before they find a fix? >> well, they'll decide whether they're allowed to or not. >> what do you think? >> well i think no. we have so much going on in this country right now, we need to address this problem, but i do want to say, chris, i don't think congressional action is necessary to address the problem at all. >> that's why i wanted you on. you believe the president can do things himself that doesn't need a huge legislative shift. what are they? >> there are three things that federal law provides for and by the way i used to serve, attorney general ashcroft was in charge of immigration policy served as chief counsel on this issue. one is called the section 212f proclamation where the chief executive issues a proclamation all the incoming aliens in this

wave are ninadmissible. the elder bush did this with the haitian wave of athe coup in 1991, and those aliens could be repatriated immediately. >> would that be justified in this situation? take your actions one at a time. we don't know what made them come yet, but two there is an assumption many are leaving terrible situations. >> in every situation we have an influx of illegal aliens, people come in without permission. you have situations in the home country that were horrible. in the case in haiti, you had a coup, political retribution and economic hardship as well. when you do a 212f operation they set up an expedited proceeding at the border or shore and the aliens, the vast majority are not admissible. if there are true asylum people

who can get refugee status then they're allowed in. >> there is due process. what is the second thing? >> the second thing that the president need to do is stop talking about the trafficking victims protection act of 2008. he's saying maybe i don't have the ability to send these people home because they're not contiguous countries and citing this 2008 law and it has an exception for exceptional circumstances. thee are exceptional circumstances. >> why? >> put it this way, in 2011 you had 6,500, and now 70,000, a ten-fold increase. this is recognition this is a crisis so many people unaccompanied minors coming in, that's a big teal but even more to the point that doesn't apply because these aren't trafficking victims. trafficking victims are people brought in involuntary and kept

in servitude or sex trafficking or something like that. >> it's not just the president, because your message is going out to legislators on the left and right because they're talking about amending the 2008 law to make it more easy to deal with the current situation. you're saying don't do that because it's the wrong law to begin with. >> right. the law doesn't even apply here and if it does the president can point to the exceptional circumstances exception and say look. and the third thing is congress created yet another tool for the president to use back in 1996, it's found at title viii, and it allows them to deputize rangers and sheriffs to assist the border patrol or i. c. agent and give a huge force mltiplier. he could immediately take the three steps and start

repatriating individuals back to their parents. remember their parents are back home. >> assuming you can find them. >> assuming you can find the parents but presumably if the parents are willing to put them on the train and send them to the entire u.s. with no particular destination, we're paying thousands to smuggle our kid and he's back here now, the flow will stop immediately. that's how you solve the problem. >> in the past you said this president is unilaterally trying to fix the immigration crisis, shouldn't do that. is this double speak or a change of heart? >> not at all. the interesting thing, here i've given you three specific statutes the president has authority but the irony here is the president caused this crisis by acting where he did have no authority whatsoever, and that was on june 15th, 2012 the president issued the defd action for childhood arrivals directive where he ordered i.c.e. agent to

stop deporting any bhoerp claims they came to the country under the age of 16 and claims they are still under the age of 31. this says if to the united states and claim you're eligible. >> he hasn't actually if you look at the numbers he's claiming roughly 400,000 in fiscal year 2013, that was his big high water mark but what he's doing is counting something we normally would never count as a deportation where the border patrol intercepts someone at the border and the person is transferred to another border point before being let go back into mexico. those weren't ever counted before as deportations, they were just voluntary returns is the term at the border. >> sounds like a deportation to me, i catch you and send you back? >> no, because a deportation is where you're apprehended in the interior of the country and sent out. the border turnarounds have never been counted as

deportations. >> if he didn't count that, his numbers wouldn't be as high. >> they'd be about 84,000 less and show we're at a low point. the president has the authority he need >> these are helpful to the dialogue going on and more productive than a lot of what we're hearing from other lawmakers. if this were going on in kansas right now and you had these kids there, here is the problem i have with this situation. you have to fix all the fixes you're talking about, have to send back the ones who aren't refugee status eligible, but wouldn't you be taking better care of these kids, don't you feel these kids have been made pawns in this overriding political struggle? >> yes, there's no question about that. whenever children are involved in any political issue you have the politician's impulse to say i'm for the children and someone on the other side says no, i'm for the children. >> right. >> bottom line is follow our laws and act humanely, means taking care of the people as soon as they come into our

custody. >> do you think we're doing that? >> sure. some of the places they're placed bursting at the gills. >> a lot of them are kids, not you and me. these are vulnerable, traumatized kid. you like the conditions they're being kept in? >> i'm saying some of the facilities they're being temporarily held in before they're being transported to other parts of the country are not ideal, but the point is, let's remember, their parents are back in central america. why in the world are we looking for foster homes in america when their parents are waiting for them or should be waiting for them back in the home country? we should be repatriating them as soon as possible. >> mr. secretary thank you for the discussion today. >> my pleasure. coming up next on "new day," a battle is brewing in washington after one of the president's top advisers defies a house subpoena. the house committee ranking member is joining us to talk about that. a violent bank robbery ends in a deadly high speed pursuit

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battle over white house subpoenas taking another turn wednesday. darrell issa battling it out with his democrat counterpart elijah cummings over a push to get a top white house advicer to testify before the committee. cummings argued the chairman has no justification for calling the white house political director

to the hill and cummings accused issa of playing politics. >> it is time for this committee to stop serving as a center stage for political theater and fulfill their responsibilities under the constitution to conduct responsible oversight. >> this isn't their first dust-up. let's bring in the congressman, elijah cummings, joining to us discuss this this morning, joining me from washington, congressman, good to see you.. thanks for your time. >> it's good to be with you. >> while it might be fun to watch from the outside, this continues to get more and more heated in these committee hearings between you and specifically the chairman. on this latest issue over the subpoenas, the chairman wants to know if a top white house adviser violated the rules that bars many federal employees from taking part in partisan political activities. it sounds in the weeds but it is important. why do you think that's wrong for the chairman to look into it? >> it's wrong for him to make a decision that he's going to go to the top adviser to the

president's political adviser and ask him and just bring him, subpoena him before the committee to ask him any questions he wants to ask him, when that's already been addressed. in other words, the white house took the time out to have its folks come before our committee, the staff, and to provide us with details as to how this office was being established, and basically i didn't see any -- we have what's called in these united states a separation of powers, and the president should have the opportunity to have confidential conversations between he and those people who advise him and this violates that. and i do not believe for one second that this was about finding legitimate answers to the questions raised by mr. issa, because if that were the case, kate, he had at that

hearing the woman who basically is responsible for overseeing the hatch act who has investigated power and prosecutorial power sitting at that table, who had already gone over all of this and was about to testify this new office had not violated the hatch act, they were in compliance and he did not ask her one single question. something is wrong abowith that picture. >> what do you think chairman issa is trying to do then? >> i'm not sure what he's trying to do, perhaps to play to his base but i can tell you one thing, it goes against anything that when ur' trying to be if e you're trying to be effective and efficient it leads to d dysfunction and distraction. that's the unfortunate part of this. i mourn for what we could have done and could have accomplished under his leadership. >> and the oversight if folks

don't know is one of the most important and influential committees in the house. >> it is. >> one of the only committees that has subpoena power or one of the few that has subpoena power. it's very important and it's very powerful. are you saying that none of the investigations that chairman issa has instigated are serious or are worthy? >> i would never say that. i think that we have, the investigations we've taken on are appropriate. but what i'm saying is, is that there is a way to investigate. you don't put out headlines and then claim that things have happened that didn't happen. the next thing you do is go searching for the facts. that goes against your very credibility not only of the committee, but of the congress. keep in mind that chairman issa issued 99 subpoenas unilaterally basic cleally and he's supposed have consultation with me,

rarely do we have consultation, never been debate, votes, nothing. >> i watch your committee closely but this isn't the first time we needed to talk about this on tv, the dust-ups that have gone on dean tween you guys. few weeks ago chairman issa cut your mike and that led to a whole scene that happened on the committee. do you two have a working relationship at this point? >> we have a working relationship, we're able to get things done when he's able to put aside the political theater and get down to the things we ought to be working on. i have told chairman issa, i've worked with republicans. i've achieved a lot of things with republicans, but this has been a very difficult situation. again, i told him that if you want to go far, you go with others. if you want to go fast, you go by yourself and basically he's been going fast and unfortunately, issuing subpoenas in many instances that he's made

mistakes. he issued a subpoena to secretary kerry, didn't even call him to find out he'd be out of the country, sent a subpoena to an irs higher-up who wasn't there at the time the issues came up. >> congressman it seems you think the chairman is out of control. do you? >> i'm not saying that? i'll leave that all to you all to judge. all i'm saying is i want to be about the business of searching for the truth, the whole truth, and nothing but the truth, and helping the american people live better lives. that's what it's all about, holding government to the highest standard possible. that is our job. that's what i'm sworn to do and i'll continue to to that. >> i feel i hear you saying in committee meetings more often that be not, political theater, partisan politics. i hear this from you over and over again. it makes me wonder as a member of congress, why do you stay on the committee if you don't think your voice is being heard or you don't think it's doing the business it should be doing for the american people? >> i stay on because there are so many people dependent upon

me. when i go back to my district i see people who say congressman, keep fighting for us. we need government to work for us. and i will fight until i die, because it's just that important. >> do you think -- i don't mean to be flippant but do you and the chairman need an intervention, hash this out in private before we see this blow up in public. >> every morning before i walk into the hearing i pray. i pray for about 15 minutes, go into meditation, and pray that god will allow us to work together, to uphold the standards that we have set for the american people and for our congress. prayer changes things. >> but we need the good men and women of congress to put the prayer to action, i'll tell you that much. i really hope you guys can get this worked out and we say sometimes what we see in the committees make for good sound bites but you are part of a very

important committee. >> i agree with you a million percent and that's why i stay on and i'll continue to stay on. >> congressman, thank you for your time. >> thank you. >> chris? come up on "new day," gm chief mary barra back on capitol hill over the faulty ignition switches as a new investigation is giving law maccers a lot more to grill her about. we'll tell you what they have and what she says. a violent robbery in california becomes a high-speed chase, winds up involving hostages having to dive out of cars, all ends in a hail of bullets you're listening to right now. we'll bring you to that extraordinary standoff. they're cloudy. [ doorbell rings ] stall them. [ imitates monkey ] stop stalling. cascade platinum fights cloudy residue 3x better than the competing gel and helps keep your dishwasher sparkling. cascade platinum.

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time now for the five things you need to know for your new day. number one breaking news in just

the last few minutes, rockets fired into israel by militants from gaza. hamas broke a humanitarian cease-fire hours ago by firing mortars. the pause was to let aid in to gaza. russia reacting to new tougher sanctions with a warning, they say their response will be painful for the u.s. the new round of sanctions targets russian banks, energy companies and the defense industry. breaking just moments ago, microsoft will be cutting up to 18,000 jobs in the next year, this is the largest round of cuts since 2009 when 5,800 people were let go by the company in the recession. new concerns about the safety and effectiveness of the cholesterol drug niacin. some say it's too risky for routine use. and a violent bank robbery ends in a hail of gunfire, killing a hostage and two robbery suspects. this wild scene playing out during a high speed pursuit in northern california.

chaos in northern california as a vie learnt bank robbery ends in a barrage of gunfire leaving one bank customer and who suspects dead. three heavily armed men entered a bank, tied up a security guard and took three women hostage before taking off in a stolen suv with the police in hot pursuit. >> ram him in you need to, to stop him. if you can stop him, stop him. >> the suspects had huge amounts of ammunition on them according to police who said the men had firearm magazines strapped to their bodies and fired on the officers relentlessly. >> there's number two male sitting out the back window with the rifle, shooting out us with the rifle. we are taking fire. >> two of the hostages jumped or were pushed from the suspect's vehicle. the witness managed to capture one of the moments on tape. >> she was on the ground, my brother saw her roll over and her leg was tore up and

bheeding. >> after more than an hour the suspect's suv was disabled but that didn't stop the men who continued the gun battle with plifz even using the last hostage as a human shield. >> they were trying to kill our police officers. >> in the end all four people in the vehicle were shot. the hostage died of her wounds. though it's unclear when and by whom she was shot. the incident is under investigation according to police, who maintain they acted appropriately, given the circumstances. two of the suspects also died of their wounds and one was taken into custody. no other police officers were injured in this. the other two hostages we know are expected to survive. >> unbelievable. unbelievable. >> heavily armed men. >> outgunned, the police were outgunned and one of the reasons you hear from law enforcement all over the country the concerns what weapons get because they often see them used against them.

fourth time not the charm for gm's ceo mary barra. new allegations not only did gm know about deadly ignition switches but a question of whether they could have had up that knowledge. we're going to give you a preview. tonight "the of '60s" resum. meet the pioneers who became heroes. >> three, two, one, zero. we have liftoff. ♪ there's something happening here, what it is ain't exactly clear ♪ >> the space race was about our own sense of security. >> we didn't really know whether a human could survive in space. in the soviets, they send this guy up to space and he survived. >> we were in a race and the russians were the bad guys, and they were winning this race. >> i would say for most of the '60s we had a sense of being behind. >> i believe that this nation

should commit itself to landing a man on the moon and returning him safely to the earth. sflo >> the eagle has landed. >> it was a moment when the whole world kind of stopped in their tracks. >> all of human experience will be divided into two eras, before man walked on the moon and after man walked on the moon. >> "the '60s" tonight at account on cnn. narrator: these are the 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?

welcome back to "new day." general motors' ceo mary barra is headed to capitol hill for the fourth time today to answer even tougher questions. lawmakers want to know why gm

waited a decade before recalling millions of vehicles with defective ignition switches and they may have new evidence that could lead to a criminal investigation koup the rodown t. poppy harlow, what direction do you think they go today? >> the "new york times" report yesterday saying that gm may have withheld information on deadly crashes and the reuters report maybe gm not recalling enough of cars. both are key things. at least 13 people died, many more injured because gm failed to tell the public about a deadly defect in millions of its cars for more than a can he kad. an intention investigation found a pattern of incompetence and neglect and there was no coverup. congress is doing their own investigation, demanding answers from the ceo and for the if, time from a lot of other important folks. here is our story. for the fourth time, the woman at the helm of general motors is

facing congress. lawmakers pressing mary barra why the company delayed recalling the cars for more than a decade, the defect proved deadly and an internal investigation revealed a pattern of incompetence and neglect. when barra faced a senate hearing in april it got heated. >> they were failed by corporate culture that chose to conceal rather than disclose and by a safety regulator that failed to act. >> reporter: gm admits at east 13 people died as a result of the faulty ignition switch but says that number could rise. citing internal gm internal documents it obtained. also in the "new york times" wednesday this ad taken out by gm to remind drivers how to safely drive their recalled cars

until they're fixed. >> this is a tragic problem that should never have happened and must never happen again. >> this time lawmakers are grilling more than just barra. the lead lawyer is testifying and ceo of delphi, the switch manufacturer. so is anton velucas, the former u.s. tear who led gm's investigation and ken feinberg, the man tasked with deciding compensation for victims and their families. >> gh delicaegated to me full authority. once i make a final determination as to eligibility and dollar amount gm has to accept it, there are no appeals. they can't question it, they have to pay it. >> reporter: barra says it stands by its pledge to compensate victims. >> i'm incredibly proud, it's the right thing to do and shows the focus for the customer. >> for the families left behind no amount of money brings their

loved ones back. >> i still dream of my beautiful daughter as if she's alive. >> it took the lives of a lot of people needlessly and i don't want them to forget. >> as we said for the first time, gm's top lawyer is testifying today, expect really tough questions for him, kate and chris, including why gm's legal department settled with families for up to $5 million for ignition switch related deaths and never told the highest levels of the company and also this reuters report claiming gm hasn't recalled 2 million vehicles with the same ignition switch for the same defect last month. gm says they believe there is not a "unreasonable risk to safety" in the vehicles they didn't recall. they'll press them as well on that. >> you can bet unreasonable risk is something folks will talk about. >> what does that mean? >> exactly. poppy, we'll be watching today. come up next a new cnn

documenter looks back on the life of roger ebert. we knew what he thought of films but what was he like behind the pen and the pad? we'll ask his wife. the average person will probably eat something or drink something that is acidic on a daily basis. those acids made over time wear the enamel. a lot of patients will not realize what's happening to the enamel. once it's gone, it's gone away for good. i recommend pronamel. it's designed specifically to help strengthen the teeth. pronamel will actually help to defend the enamel from the acids in our diet. if you know that there is something out there that can help, why not start today? 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. we make the most of our time...

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♪ i think gene was so happy that roger found his mate.

>> he was 50 years old when we got married. he used to tell me, "i waited just about all my life to find you, and i'm glad i did, and i'm never going to let you go." i mean -- >> exactly. that was a clip from "life aself" the documentary follows the life, career and health troubles of the legendary film critic. joining us now is roger ebert's widow, chaz ebert. thank you for joining us. >> good morning. i'm happy to be here with you. >> it's an honor of ours. i was kind of telling someone that this story, it's a lot about a love story is what i ended up finding it in watching this film. what did you think of it? why did you want to do it? >> well, we were, you know, they read roger's memoir "life itself" steve xailan who wrote

"schindler's list" thought it would make a good movie. gene said why would someone want to read about a film critic? he asked the director to make a pitch why to make it and the pitch was very good and roger said okay. >> i haven't got on it see it. someone who is going to take it away thinks they know him. i know him as a critic and what he's gone through in his life but what surprises are there in there? >> people who have known roger for 30 years and thought they knew everything come out of the movie saying there's so much that they didn't know. >> really? >> you're going to learn a lot about roger, you know, the good and the bad, yes. and the funny, the movie is also very funny, with he and gene siskel and all of their stuff, even some of the things that you thought you knew. but it is also a love story, and that's the surprise that people didn't know going in. >> and it's raw. it may have been -- it was

difficult at times to experience it with you, because really it is following the end of his life in what he went through. >> yes. >> was there ever a moment you thought maybe we should stop filming? >> guess what? we didn't know it was going to be the end of his life. >> that's so true. >> when we started they planned to shoot for a whole year and follow roger everywhere doing everything and then life itself had its own thing and roger ended up passing away. we were stunned when he passed away. i really thought that he was going to be with us another two or three years. >> if only. i think we all wished that. >> yes. >> you mentioned how the film talks about the relationship between roger and gene siskel which is how so many of us first saw roger. tell us what we learn, what we come away with? what new will we see through that relationship? >> they used to get a lot of letters asking, is their fighting just for tv?

when you see this, you will not ask that question. it's real, and you'll see, there were times when they would shoot in the studio, i would stay away on filming days because sometimes they would get into these knock-down drag-out fights, i couldn't stand it. >> was it just about movies? >> about everything. they were, you know, especially i have to say gene would criticize everything and so but they cared passionately about movies. >> it was one of the first times i remember i'd be watching tv and there's no question in my mind that oh, look they're pretending to be okay right now because they're not happy with what's being said and the authenticity wound up making them as popular as the films. >> right, they had chemistry that you can't buy. i think it was because there were these two guys from the midwest who just, they were both smart and cared about movies and

they cared about each other, and cared about life. >> and cared about you. >> and they cared about you. you are such a large part of that story and a large part of his life. thank you so much, chaz, it's great to meet you. we should probably leave it the way roger would and say "we'll see you at the movies." >> two thumbs up. >> absolutely right. "life itself" is in theaters, on demand and itunes and coming to cnn later this year. when we come back, many veterans can use a lot of things, especially wheelchairs. one veteran had his wheelchair literally fall apart while he was sitting on it, but that's where it becomes "the good stuff." guess who came to his rescue? guess what happens next. watch "the good stuff."

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of swedish experience in insidperfecting the rich,ars never bitter taste of gevalia. we do it all for this very experience. [woman] that's good. i know right? gevalia. ♪ time for "the good stuff." starts in a place where we should never allow an american veteran to be, helpless on the for. his name is michael sisana and he lost his legs in vietnam when he was only 20. he has been asking and waiting for a new wheelchair from the va for years, and as we all know

that's a whole big problem in and of itself but this story gets worse. the other day he's at a lowe's an staten island, right here in new york city. the wheelchair falls apart right under him. michael and his wife stuck. >> michael, what are we going to do? we don't have any tools, and he just went, "are you crazy? we're in lowe's. the tool capital of the world!" >> that's true. spoken like a true new yorker. so the couple planned to take the wrecked wheelchair home and fix it themselves but they didn't know these lowe's employees were looking on, and they haven't having it. >> they tore the wheelchair aare the pa apart, they said you're not leaving here until the wheelchair is like new. >> 45 minutes, the guys went at it, they did exactly that. the good news doesn't end there. thanks to all the attention, their actions received, guess who finally did the right thing? the va and they sent michael a

new wheelchair, the one lowe's fixed, that's going to be the backup. so that is why it's the good stuff not so much for the va, they ultimately got it done for him but people stepping up doing the right thing by somebody who deserves it. >> great place to be in. >> the tool capital of the world! let's get you to "the newsroom" and ms. carol costello, the tool capital of the world, carol. >> thanks so much. "newsroom" starts now. -- captions by vitac -- www.vitac.com happening now in "the newsroom," back home. tar tar tar tar tariq khedair back in the u.s. the 15-year-old under house arrest for throwing rocks not speaking out. >> no child palestinian or israeli, deserves to die. breaking overnight,