after possible exposure. we talk live to the son of an american missionary now fighting for her life. your "new day" starts right now >> announcer: this is "new day" with chris cuomo, kate balduan and michaela per rarea. >> good morning. welcome to nude day. it's july 31st. the bombing and who is to blame show into sign of slowing in the middle east. israeli prime minister vowed to take out the terror tunnels with or without a cease-fire, the first phase of demilitarization of gaza. israel calling up another 16,000 reservists. overnight more shells fell near a u.n. school in gaza after a nearby building was targeted. this comes a day after another u.n. school was hit where many are taking shelter. >> the united states is still

standing by israel's right to defend itself from militants in gaza but also says israel must do more to limit casualties among civilians there. wolf blitzer is joining us with more on yesterday's bloody developments. what are we looking at? >> a lot of the same happening. efforts behind the scenes to get a halt, a cease-fire, temporary truce, humanitarian pause, whatever you want to call it. there's lots of efforts under way right now, but as of now it looks like it's going to continue. significant that israel is mobilizing another 16,000 reservists to get into this battle. let's go to gaza and karl penhaul is on the scene. what's the lateest? what are you hearing and seeing? >> reporter: no sign of any off ramp here in gaza either, and this morning we're hearing the

fighting ratcheting up. i can hear the howitzer field guns pounding from the israeli side hitting targets inside gaza, points north, east and south. just when you think things couldn't get any worse, well, they seem to be doing just that, but let's take a look at what's been going on. breaking overnight in gaza, shellings early this morning landing dangerously close to a u.n. school for girls. multiple casualties on the street sparing those inside. it's the second incident in 24 hours in an area where people thought they would be safe. grounds tore through u.n. school turned shelter wednesday after the u.n. says it repeatedly notified the israeli military and hamas of the school's coordinates and that the school was being used to shelter 3,000 displaced palestinians. it's the sixth time their schools have been hit, according to the u.n. one problem, weapons have turned up in three abandoned schools believed to have been placed

there by hamas. >> it will be extremely irresponsible for us to have militants in that school and our people assure us there was no such presence whatsoever. >> reporter: the u.n. says it has strong evidence that the israeli shells are blamed for the 20 lives lost in wednesday's attack. more blood was shed during what was supposed to be a four-hour cease-fire sparked by hamas firing 26 rockets into tisrael two hours after the truce. a look now at the devastation that follows. the camera dropped as the photographer is killed in the attack, but a colleague

continues filming. these images a chilling reminder of what life here has become. now that attack on the u.n. school yesterday, according to u.n. investigators caused by israeli artillery shells, the israeli military said that in another explosion at a u.n. school less than a week ago a mortar round fell on that and also in those market scenes apparently more artillery to blame for that. the problem is with artillery, with these field guns and howitzers or tanks being used in this fight, these were never intended as precision weapons. these are what are called aerial weapons to bombard an entire area, not a single target, and that is one of the problems here. hamas is well, of course, with

its rockets, apparently no way of guiding them either. that's why this war is faster becoming dirtier than most, wolf. >> yeah, it's an awful, awful situation. karl penhaul on the scene for us from gaza. just emerged from a lengthy wide-ranging interview from now the former president of shimon peres. this is his first television interview since leaving the israeli presidency and he was efuse any of his praise for president obama, secretary of state john kerry and also very effusive in his praise for the palestinian authority president mahmoud abbas. on that issue he disagrees clearly with the israeli prime minister benjamin netanyahu, but we immediately got down to the immediate issue at hand. mr. president, thank you so much for joining us. >> thank you. >> how do israel and hamas achieve a cease-fire? >> first of all, we have to get

rid of the problem of the tunnels. no government can stop the fighting before every mother this country will be sure that somebody won't jump out of the earth and kill her and her children. that's a problem. the second problem is who is the leadership of gaza. it's not clear. >> hamas was elected. >> hamas was not elected to govern in gaza, no, sir. the agreement of peace was signed between israel and palestinian authority. i signed on our side and abu mazen on palestinian side. now actually gaza was already under the rule of the palestinian authority and then

hamas jumped up on the palestinian authority. they threw out, from the roof, they killed hundred leaders of palestinian authority and they took it back and now legitimacy is a major problem in politics. without legitimacy there's no politics. the only legitimate sovereign today in gaza is the palestinian authority. >> let's say israel is finished destroying the tunnels, what do you do next to achieve a cease-fire? >> i think what should be done that the united nations will declare that abu mazen is the head as far as gaza is concerned. we don't want to see gaza in

poverty, not at all. it's not our idea. i think hamas made a mistake with the tunnels. it was a waste of strategy and a waste money. >> what about the rockets and the missiles? >> the rockets and the missiles, they will continue. if it continues we shall fight back. if they continue to fire rockets, they will get back rockets. i cannot see a cease-fire with rockets and with tunnels. only a cease-fire without rockets and without tunnels. on top of it we must have a responsible hamas. they are not a responsible hamas. they are divided with the military arm. there is a political arm, and i think there is a candidate for it and it is abu mazen. >> that's president mahmoud abbas of the palestinian authority. you trust him. >> right. >> you think he's a good partner for peace with israel.

>> yes, i know him for 20 years, and i'm not trying to analyze his character but i respect how he bemay haved. he got the courage, more than any other arab leader to stand up and say i'm against terror. i'm against kidnapping. we have to bring -- i'm for peace and in english and arabic he said something else. so he went to saudi arabia in front of the arab league, and he made it in arabic clear and loud, and as say he builds a force without permission of 15,000 men that are policing the territories that are under his -- >> you would like to see the palestinian authority led by

mahmoud abbas in charge of not only the west bank but also in gaza. >> i don't think that two countries can spring peace. two countries will continue war. if you have two guns we cannot have one people. there cannot be two guns. there must be trust on government that controls the shooting and builds the country. >> and president shimon peres, he also insisted that once there's a secease-fire he's sti optimistic that down the road there can be this two-state solution which he strongly supports, israel living alongside palestine. he's grateful, he says, to the leadership of president obama, secretary of state john kerry. he knows there's been some strains between the obama administration and the prime minister benjamin netanyahu government. he says that's inappropriate. he wants to work to make sure that israeli-u.s. relationship

is strong. we got into a whole bunch of other issues including the rise of jewish extremism here in israel. very passionate about that, and as you can see despite the age of 11 he's still very forceful in his thoughts. guys, back to you. >> the clarity of thought was easily understandable and thus far the best articulation we've heard of the mindset, the motives and what the strategy is for israel going forward. great interview to have. look forward and back with more wolf later this morning. do have news from ukraine a one-day cease-fire in a battle with pro-russian rebels to allow international investigators the time and space they need to get to the mh-17 crash site. investigators are now the closest to the crime scene they have been all week. now a cnn crew took risk and was able to reach the scene on wednesday. nick payton walsh was there and joins us. just to give context.

there's been two weeks. there's still a belief that there may be victims' remains on site and it's still unsecured, and what did you see when you got there? >> reporter: really, a very gacilly string. you've been there, chris, yourselfch the ukrainian cease-fire is 24 hours. the osce has a mission, some dutch and australians with them trying to get to it, but they have been on move for at least four hours, a very complex route and delicate situation and violence swirling around that crash site. road to the mh-17 crash site isn't easy. past shelling, eerie separatist checkpoints but where it leaves is heard still. in a beautiful field of sunflowers lies a horror still unresolved. it's been 13 days since mh-17 was blown out of the sky. the remains here a monument to cruelty, to how 292 souls, some shift in parts away on a

separatist train, have yet to find complete rest. >> silence in the fields is that of a tomb, sorrow and loss have isolate it had from the war around it but you have to stand here and look at things people want to take on holiday and even now smell the stench of decay to understand the urgency for relatives of those who died here who must feel to get inspectors to the site and get some kind of closure. in the hour we were there, no separatists, inspectors or ukrainian soldiers at this site, just distant smoke that explains why the inspectors large convoy has not for the fifth day running got here. god save and protect us, sign asks. not here. still wreaking of jet fuel. the scene of this crime apan donned, evidence tampered with, what must be shrapnel holes visible in the cockpit remains, a wall empty and cell phone

looted. traces of lives that fell from the jet stream and daily horrors who drowned out that which took their lives, whose blind hatred has yet no space for the minor dig tis they deserve. it's possible, chris, that the inspectors and osce could get there and what can they actually accomplish before nightfall? they need weeks possibly to comb through the massive crash site now. it is in the middle of ukrainian government offensive called off briefly but i have to say, i don't think anybody, including the dutch government yesterday, has great confidence that the peace will be place in long enough for that forensic work to begin. chris? >> thanks for taking risk to go there so people can understand the emergency ongoing and there is element of time, people care about the dignity of the dead but they are still not doing what they need to do to get the families closer. >> they don't need a few hours, they need days and they need

already to have been there for days, already way behind schedule and they have to get in there, and they need sustained calm to get any their work down. back to nick a little bit later in the show. coming up next on "new day," people needed most in africa, many are now fleeing. the peace corps pulling out of three countries because of the threat of ebola. hundreds of people have died in those countries and many more infected. we're going to talk to the son of an american battling the virus right now fighting for her life. [ man ] cortana, when my wife calls remind me to tell her happy anniversary. [ cortana ] next time you talk to caroline, i'll remind you. [ siri ] oh no, i cannot do that. oh, and remind me to get roses when i'm near any flower shop. sure thing. remind you when you get to flower shop. i can't do that either. cortana, it's gonna be a great night. [ beep ] oh wow! thanks for the traffic alert. i better get going. now that is a smart phone. ♪ oh, wait ♪ it's 'cause you make me smile ♪

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welcome back to "new day." humanitarian organizations are quickly removing their volunteers from ebola-infected countries in west africa. the peace corps is evacuating its volunteers, but now two members will stay behind in isolation after coming in contact with a person who died from the virus. two other americans will also remain in liberia. dr. kent brantley and missionary nancy wrightbold, both fighting for their lives. thanks so much for joining us. sorry to have to meet you under these circumstances. what can you tell us about how your mom is doing. >> thank you, chris.

spoke with my dad a moments ago, still serious and she's still fighting as my dad told me. but she's weak and working through it. one piece of good news is yesterday they were having a very difficult time getting an iv into her for proper fluids, and dad told me this morning that one of the nurses that's part of the team that's attending to my mom and dr. brantley was able to get an iv in on the first try, so we're really happy about that this morning. >> that is what we would call a tender mercy in a situation like that, to get something going quickly like that. word of the evacuations. what does that mean for the care that will remain for your mom on the ground? does that mean anything for possible evacuation of your mom and dad? >> yeah. i don't know if evacuation is possible for mom and dad. i don't believe it is, but

there's a team of doctors and medical staff that are committed to staying with mom and dad through the duration of this, and so we're very thankful for them and their commitment and their act of love and service to our family and to the family of dr. brantley as well. >> i know you're a tight family, even though you live so far from one another. how difficult is it for your father being segregated, not really being able to touch his wife, how difficult is it for you not being able to be by your mom's side? >> it's hard. it's very difficult and we -- we feel the emotion of that. i can communicate with mom from time to time for a few minutes once a day so that's helping it, but it is a very difficult emotional process for us. >> ten years they have been doing this work, all types of difficulties and pestilence and sicknesses in africa. that's what prout them there. ebola though, is this something

they lived in fear of, that they calculated? >> no. it was -- it wasn't even their mind when they first went to liberia. i don't think it was on any of our minds, but when the first wave of the epidemic hit in april and we got word of it, we knew that that was a potential that they would have to deal, and so they have obviously been in the thick of that fight. >> there was a prayer service, you told us about it, held for your mom at the church in north carolina, were you able to tell your mom about that? did it mean anything to her? >> i think dad was able to tell her about it, and i know that she is aware of people praying all over the country, all over world for her and for dr. brantley, and i know that that has lifted her spirits and encouraged her. poet of my parents are people of strong christian faith and so they are encouraged to know that

the church stands with them all over the world. >> i know that you're a family of faith and belief and that's helping sustain you right now. i've heard you use the number 64, 64% is the chance that you can recover from ebola. what is that number doing in your mind right now in your family. what does that number mean to you? >> it's actually 64% at least are part of theify at all rates so 46 is really the number that we're after, and that's a good number for us. it means there's a strong chance. it helps us -- we hear other news reports of 90% which aren't accurate and a little oversensationalized and so this 46%, we're confident and encouraged and hopeful in. >> see, that's what makes you different. i look at the different and you

see the positive. you're looking at survival rate, not the rate that people lose to the virus and that hopefully will make all the difference and you probably get all that fighting spirit from your mom. what do you want people to know about your parents? what do you want us to know about how we can help? >> sure. i think one of the ways that you can help is -- and really this is to help the people of west africa and liberia. s.i.m. and samaritans purse are still working to help, and there are other organizations in our country that are sending and trying to relieve this epidemic, so you can support them. even financially is a great way to do that and, of course, prayers for our family and for the brantleys and for others who are suffering from this and just asking god to give grace and to save these people. >> jeremy, to be sure we'll be thinking about you and your mom

and your dad and the other families affected by this. stay in touch with us, and let us know what we can do and tell your mom to keep fighting. >> i will do that, chris, thank you. all right. let's take a break here an "new day." when we come back, if you had as much to do as congress does would your boss just let you go on vacation? that's about what is to happen. with the world in crisis your representatives are about to take a month off. one of them republican tom cole will join us ahead and explain. and also shelling overnight near another u.n. school in gaza. we're going to talk with a leader from the united nations about the situation on the ground. ground. whom do they blame? ♪

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. ♪ america, you cast your votes.

now, go to xfinity on demand and select the people's hotlist to see this summer's top 100 shows and movies. i voted! welcome back to "new day," everybody. let's get over to john berman. >> overnight israeli prime minister benjamin netanyahu saying israel will keep pursuing hamas tunnels into israel with or without a cease-fire. came hours after palestinian president mahmoud abbas sent the u.n. secretary-general a letter claiming that israel's strikes constitute war crimes. meantime, more shells falling near another u.n. school in gaza. eight people were injured. this comes a day after israel launched deadly strikes in an outdoor market following rocket fire into israel by militants,

or at least at israeli troops. breaking news, in eastern ukraine, the army announcing a one-day cease-fire near the crash site of malaysia flight 17. intense fighting has kept investigators from the scene the past four days. ukrainian officials say they will stop military action today only to allow investigators access to the crash site. on wednesday a cnn crew was able to reach that wreckage finding passengers' personal belongings scattered across the debris field. next step the senate for a bill to overhaul the troubled department of veterans affairs. house lawmakers aproved overwhelmingly. senators are expected to follow suit today. the bill gives the v.a. secretary authority to fire senior workers for mismanagement and allows veterans greater access to outside health care providers if they want more than 14 days for treatment at a v.a. facility. former president george w. bush has written a biography of

his father george h.w. bush. the book's publisher says it's an intimate illuminating account. the young eer bush's book will released by the same company that released his last book. >> just a cool guy, still jumping out of airplanes. >> my god, i have yet to do that once, and i won't. >> not now. >> exactly, right now is not the time. now is the time to get over to indraft. what's going on with weather? >> weekend activities, so close. here's the bad news. a lot of showers for eastern half of the country for several reasons. one, here's this low. notice all the waves of energy kind of kicking around it. that's from now through friday. then what happens after that,

the warm front hanging off the coast line. it's going to back in, so all this moisture off the atlantic, all the warm mid-air will be just enough to bring the showers along entire eastern seaboard for the weekend, not anything anyone wants to see especially when we talk about a threat for severe weather. new england, places like burlington and concord and out towards maine still looking for that threat of severe weather but really rough. talking places like arkansas, louisiana, 2 to 5 inches of heavy rain. keep in mind if you're going towards houston you could be talking about delays out there. this is the story everyone has been talking about. look at these morning temperatures, 50s and even 60s in florida in the summertime. this is rare, guys. you may be saying 70s, 80s, not that cool but keep in mind 70 degrees in the south. that's not a temperature you should be seeing until october so memphis today, your high is just 77 degrees. enjoy, that feels pretty good out there. another piece of good news. looking out towards the atlantic, 60% chance yesterday.

a 70% chance. the better news right now the models are trying to curb it out to sea thanks to the cold fronts kicking on through. one piece of good news. showers here and means we can take the bigger system and kick it right out to sea. we like that. >> farther and farther. only time i don't like spaghetti. >> it's bermuda's problem, why should we care? >> that's what john said, we didn't say that, did we? >> coming up next on "new day," more on the overnight shelling near gaza and we'll talk to the u.n. official about the bloody day and all of the bloodshed. who do they blame? what happens now. when la quinta.com sends sales rep steve hatfield the ready for you alert, the second his room is ready. you know what he brings? any questions? can i get an a, steve? yes! three a's! he brings his a-game! the ready for you alert, only at laquinta.com!

♪ 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. ♪ america, you cast your votes. now, go to xfinity on demand and select the people's hotlist to see this summer's top 100 shows and movies. i voted! welcome back. overnight shells rained down near another u.n. school in gaza serving as a shelter for displaced palestinians. it is unknown where that shelling came from, but this comes just one day after a u.n. school shelter was hit by artillery killing 20. the u.n. blames israel for the attack, but israel places responsibility on hamas.

earlier we spoke with robert turner. he's director of operations for the united nations relief and works agency. we asked him whom he believes is to blame and why. i know you're in a very difficult situation. what can you tell us about the latest? >> well, we continue to see massive displacement. we now have more than 225,000 displace in our schools and 86 of our schools, and we keep going through these numbers. we had 20,000, 50,000, 100,000 and, you know, we've perhaps created the impression that there's some kind of infinite capacity that we can continue to absorb these numbers and that they have some kind of comfortable life. what we have on average is more than 2,500 people living in these schools which have on average been 30, 35 classrooms. we're talking about 70 people per classroom on average squeezed into these schools. frankly we're approaching the breaking point. >> you call it an unfolding

humanitarian crisis. what do you fear will happen? >> well, i think we're looking at a number of different things. one is given the patterns here. nobody could have guessed that we'll have this scale of displacement, particularly this scale of displacement in our installations or that the displacement would last this long. these are schools. they are not shelters. they don't have showers or proper washing facilities. all of gaza is effectively not funking so we have to tanker in all of the potable water so we're looking at a public health crisis in the schools and a bigger problem in the bigger population. >> the worst part of this is the schools are being targeted seemingly. the big question ends up being is this intentional or accidental strikes? you say that you gathered fragments from an explosive device in the school that was hit yesterday. what did you find? >> our assessment it was israeli

artillery that hit the school yesterday in jabalya. we're also is looking at the trajectory from which the fire came, clearly a north, northeastern area so we're confident that was israeli artillery shells. obviously who did this is going to be a very important determination, the people taking a look at the fragments that you found, doing this assessment, are they experts, do you know what they are talking about because these are dangerous assertions? >> the evidence that we have and the statements that we've taken, we're confident in that and what we've called for is a full and transparent investigation by officials and we'll be happy to deal with that and we're confident in our final analysis that it was israeli artillery shells that hit the school. more broadly we need to understand why and how that happened and we'll cooperate with that investigation and we'll expect some account

ability for this. >> israel has said that the reason that they ever fire anywhere near a school is because militants use them as cover, that they had been berating in and around other u.n. schools, ones that you were forced to abandon. is that accurate? >> we've called on all parties, and we've been very forceful, stay away from our installations, we've been very clear on that. all parties need to do that. if that activity is happening it's understandable there would be a military response to that and then there's the question of what is the appropriate response. is artillery shelling into an area where you know there's designated emergency shutters, passed 17 times the latest the night before the incident, is artillery really the appropriate military response? these are the kinds of questions the investigation needs to ask. >> what about the school today. another school was hit. what do you know about that? >> i'm unaware of a direct

strike on a school today. we do have a report of a school also in the north where a water facility has been described as a desalination plant or a pumping station was hit next to one of our schools. we've had ten injured in that. that was not a direct strike on the school. >> mr. turner, thank you very much. obviously you're doing such important work. education such a key to improvement in that area and obviously the last place that should be targeted by anybody. be safe. thank you for keeping us informed. we'll be back in touch. >> thank you. >> and obviously the account ability question is key and hope flir there are answers there very soon so we can make sure that this conflict spares as many innocents as possible. let's take a break here on "new day." when we come back. vacation time is always a good thing except if you're lawmakers in congress set to leave tomorrow for a five-week recess with all these scenes that are on your television right now

ongoing in the world. we're going to ask a member of republican leadership if they are going on vacation and how do they justify that? [ man ] cortana, when my wife calls remind me to tell her happy anniversary. [ cortana ] next time you talk to caroline, i'll remind you. [ siri ] oh no, i cannot do that. oh, and remind me to get roses when i'm near any flower shop. sure thing. remind you when you get to flower shop. i can't do that either. cortana, it's gonna be a great night. [ beep ] oh wow! thanks for the traffic alert. i better get going. now that is a smart phone. ♪ oh, wait ♪ it's 'cause you make me smile ♪ caman: thanks, captain obvious. wouldn't stay here tonight. captain obvious: i'd get a deal for tonight with deals for tonight from hotels.com. and you might want to get that pipe fixed. this is the first power plant in the country to combine solar and natural gas at the same location.

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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. ♪ america, you cast your votes. now, go to xfinity on demand

and select the people's hotlist to see this summer's top 100 shows and movies. i voted! welcome back to "new day." we're following breaking news out of israel. overnight shelling near a u.n. school just one day after yet

another school was bombed. the death toll gaza now rising to more than 1,300 people, 56 israeli soldiers have been killed and israel's military now calling up 16,000 additional reservists to fight against hamas. let's talk about this and much more with republican congressman tom cole from oklahoma, a member of the house republican leadership. congress man, great to see you. thanks for coming in. >> good to be with you. >> thanks so much. i want to ask you first about what happened yesterday. they think maybe 20 people killed in this attack on a u.n. school. the u.n. blames israel p.israel is blaming hamas. what do you make of it? >> well, obviously it's a tragedy, and you regret any loss of life, but i think you have to look at the facts. israel has been under plenty of relentless assault by thousands of rockets, uncovered dozens of tunnels where terrorists traverse into their territory and in war we've seen bad things

happen and we've actually seen hamas use schools to hide weapons. it's terrible and regrettable. if the attacks on israel stopped i suspect the israelis would be more than happy to pull back and go home, but i think this is going to continue until the two sides, you know, come to some sort of understanding that there won't be cross-border raids on one another. >> you make a good point that they say hamas is hiding weapons in school but also you signed a letter, you signed on to a letter, a resolution on monday asking the u.n.'s top human rights official to condemn hamas for using civilians as shields. if israel is found to be at fault in this attack yesterday, does israel deserve the same criticism from the u.s. congress? >> if they deliberately targeted a school which i don't think for a minute that they did, that they knew had no military activity going on, then that would be one thing and, again, you know, we're engaged here, two sides in more at all combat

and, unfortunately, there will be collateral damage, but you need to go back to who started this incident and who refused to stop t.israel has abide bid every attempted cease-fire. egypt tried to broker one. hamas rejected, that so i think the aggressor here is pretty clear and frankly i think one of their objectives, you know, to s to achieve high casualties to get global sympathy. but i think if you look at the facts it's pretty clear who is aggressor is and who is acting to defend their territory and their people. >> congressman, the fact of the matter is there's not much the u.s. congress can do to stop the fighting right now between israel and gaza. but what more do you think the secretary of state or president obama should be doing to bring about, at the very least, a sustained cease-fire or bring a resolution to this? >> look, i think they actually are trying to do the best that they can on that. i think they have been unequivocal in their support for israel and its right to defend itself. i think they have also -- secretary kerry has tried to

broker several shorter term truces. a couple of those have happened. i would think with the hope that they would grow into a longer thing. i don't have a lot of criticism here of either the administration or the secretary of state certainly, but i do think, and, you know, people need to understand, the united states stands with it its friends and opposes aggression. we're willing to help in any way that we can. we've certainly done a lot of humanitarian aid to the palestinians and to people in both gaza strip and on the west bank. those are appropriate things, but other than using our good offices it's hard to make peace between people unless both people want to make peace. right now it doesn't appear to me that hamas wants to do that. >> one of the problems you're talking about talking about providing aid to the palestinian officials, they say there's nowhere to go. going to the u.n. school. 70 people per classroom. plain and simple they are just running out of space. does the united states congress,

united states government need to come forward and very clearly state that there are some things like schools, like hospitals, that no matter what are just simply offlimits because these civilians need some place to find safe haven. >> well, i think there would be safe haven immediately if hamas would stop firing rockets into israel, dozens of tunnels, not one or two to smuggle weapons in and kill innocent israelis in their bedroom at night. this is a hamas-initiated exchange of hostilities and the israelis are very determine to root out the tunnels, that they will destroy as many of the missile sites and missile launchers as they possibly can. it's hard to argue with that. if the situation were similar, if we had missiles being fired at us by a neighboring territory i would suspect the american reaction would be pretty stern and swift and decisive. >> let me turn your focus to one issue that the house is moving on in the hallways that you're standing in right there, this lawsuit against moving forward with this lawsuit against

president obama especially with regard to obamacare. a lot of folks, democrats included, say this is a political ploy. this is a mid-term move by house republicans. what realistically do you guys want to get out of this lawsuit? >> well, frankly, remember, there was a lawsuit begins the president that was called a political stunt and a political ploy when he usurpd the right of the senate and issued recess appointments when the senate was not in recess. they lost that case 9-0 in the supreme court, so it's not as if the president has not been pretty aggressive in pushing executive power. so we would like to get some clarification here. we've got a lot of tools at our disposal. i think most of them are disproportionate. you're not going to do things like cut off appropriations to important parts of government. that inconveniences the american people, and nor do i think you ought to do things in a legislative sense to harass the president. we've got a disagreement between the two branches and this is not

uncommon. you go to court and that's what we're seeking to do, because we do think he's overreached. he's changed the affordable care act 41 times without congressional approval, and he's lost, by the way, a number of lawsuits in this area, so i think it's the appropriate tool to try and rein in the executive branch. if we lose the case, we lose the case, but we will at least have tried. >> that's what i want to ask you about. with regard to the courts many constitutional experts we talked to raise serious doubts that the courts will even take it up. there's an issue can the u.s. house show that they are actually harmed -- the party that is being harmed in this situation, in this case. if the courts don't take it up or if you lose, is that it? is the fight over obamacare over? >> no. we'll probably move on to, again, other tools. there's multiple legal challenges to obamacare. this is actually much more about a constitutional balance of power, checks and balances that we all read about. we think the president's move to upset them and not just in this area. we've singled it to a single

area for the purposes of litigation, but, you know, we can go across the board, unilaterally suspending immigration laws, ignoring statutes in the bergdahl negotiation, multiple times the president has overreach. these things are pretty common. 70% of the lawsuits that congress has aimed at the president in recent years have been filed by democrats against president bush so it's not as if both parties don't do this. there's constitutional clarity that comes out of it on occasion, certainly did in the case of recess appointments so i think the democrats like to actually hype this up and act as if they are under some sort of relentless assault, congress defending its prerogatives in an appropriate way, going to the appropriate forum and trying to get resolution of a legitimate dispute with the president of the united states. >> both parties do it, for sure, but i think the criticism that you hear and the frustration from the american people is when that's the only thing that they honestly see that congress is doing at this time is filing

lawsuits and that's why i want a touch on immigration really quickly pause we're running out of time. >> let me correct quickly. yesterday we passed an extraordinary overhaul, largest one in modern history of the veterans health care facility. we did a $1 trillion plus omnibus bill earlier this year. >> excellent point. >> there is across-the-board outrage on that. that's not necessarily compromise when you see a department that is so poorly run. >> it was absolutely compromise. i mean, there was a serious negotiation between the house and the senate across partisan lines, between bernie sanders and jeff miller, and they arrived at a good solution. they worked together, and they got it done. >> all right. so can you get that done on immigration, and are you -- are you prepared to stay in town until something is actually agreed upon across party lines? >> yeah. i'm always prepared to stay in town or come back to town. i suspect we will not adjourn. i think we'll stay in proforma session so if there can be agreements, congress could return immediately and enact it.

we're actually going to pass a bill today that actually addresses the problem, provides the president with additional resources, gets at the core issue and, unfortunately, so far, he's blamed all of this on a 2008 law i think incorrectly, but let's assume he's right and then told us you can't change the 2008 law in any way. he's offered absolutely no suggestions, you know. we know from news reports that the administration was warned in 2012 and 2013 the situation was brewing and took no preemptive action so we're trying to address an emergency and we're willing to come back on work on the areas. this is a border crisis situation. the immigration overhaul debate is irrelevant. if immigration legislation had been passed and that were going on and it would be, it would still be illegal, so we need to deal with the immediate problem. we think we've got the appropriate answers. >> and the volley will go back and forth. the house will do its will. we already know that the president says he will veto that bill. he's already threatened that. we'll see where the senate goes,

and if you guys stay in town to figure it all out. >> it would be great if he offered an answer and proposal of his own. he hasn't done that. >> congressman, thank you very much for your time. >> thank you. >> all right. >> chris, over to you. >> you pushed all the important points there, and you got a pretty good acknowledgement, haven't heard that before. may stay in proforma session instead of adjourning all together so maybe they will be able to get something done. they certainly have enough to do. one story we're following. a lot of other news to morning so let's get right to t. >> we'll continue to fire rockets -- if they continue to fire rockets, they will get back rockets. >> 30 days since mh-17 was blown out of the sky and remains here a monument to cruelty. >> mr. putin does not respect for our president. i see this as becoming a real threat to the united states. >> we have no plans to impeach the president.

it's all a scam. >> come on and help out. stop being mad all the time. >> the deadly ebola virus spreading even further. >> it's very terrifying. they are not going to be discharged alive. >> good morning. welcome back to "new day." let's get straight to the latest breaking developments in the middle east. israeli prime minister benjamin netanyahu says israel will keep pursuing hamas' terror tunnels into israel with or without a cease-fire adding this is just the first phase of the demilitarization of gaza. the president of the palestinian authorities now reaching out to the u.n. secretary-general claiming israel's strikes constitute war crimes and he's asking for more help. >> overnight more shells fell near a u.n. school in gaza. a spokesman for the u.n. says the school was not at the actual target. it comes a day after israel responded to militant rocket fire with deadly strikes on an outdoor market. gaza officials say 1 people were

killed in that. we're going to show you some really powerful and very difficult video to watch of that attack. at one point the camera man who is filming this was actually injured. his assistant had to pick up the cameras, and he kept filming. we want to warn you the video is disturbing, and part of it is graphic, but it's important also to see.

[ explosions ]

>> difficult to see, that's for sure. one thing to hear a puff of smoke and difficult to see the numbers but if you want to understand the reality of what happens there during conflict you have to see it on the ground. that's the reality. what happens there, the same thing what happens when one lands and explodes in israel, so that's the reality. i think it really brings home exactly what people are living with right now. >> absolutely right. >> let's get to wolf blitzer. he is in israel covering the situation. wolf, we were just showing that present impression of an actual artillery shelling in a site in gaza and what happens, and all that goes with it. you know that situation all too

well, but important for people to understand so the stakes are kept very clear in human terms. so critically important that they get a cease-fire. images so painful for all of us to see, not only in the region but around the world, and i had a chance to talk about that specific issue in an exclusive interview i just conducted a little while ago here with the now former president of israel, shimon peres. listen to this exchange. >> when you see the pictures of what's happening in gas oregon right now, the enormous number of civilians, children, elderly, women who have been killed over the past it is this is now week four of this war, the criticism of israel is that it's reacted disproportionately. you see -- >> i don't know in that case what is a proportion.

imagine that you see a child on yourees and somebody is shooting at your child and yourself. what is a proportion? not to shoot back. i mean, they put to us an impossible question pause we cannot escape it. we wish you wouldn't have to do it. we have nothing against the people. we don't like to see anybody being killed. it's not our purpose, but if they put it in the homes, and then they plan the rockets and the different weapons they collected. what the can we do? let's bring in retired u.s. general jim jones, the former nato supreme allied commander and former national security adviser to president obama. general jones, the criticism of

israel coming from the white house and the state department is that israel could be doing more to protect innocent civilians. you've been in warfare. you know what it's like. what do you say? could israel be doing more to avoid these kinds of scenes that we just saw? >> the idf is a superbly trained army, technically very, very competent, and this is warfare and mistakes happen, but i -- knowing the israeli defense force as i do i do not believe that the israeli defense force would purposefully target men, women and children who are living in the u.n. buildings or otherwise so i think that they will get -- they will get to the bottom of this. they will conduct an investigation and we'll see what happens, but i agree with former president peres. this is once -- once the shooting starts it's really messy and it's horrible and it's horrible on both sides.

>> so you clearly don't agree with the critics of israel who some are going so far as to say that israel is now engajd in war crimes. >> well, i think this is playing out on the world stage and people on different sides are going to grab what -- what they want to prove their point, but, you know, i -- i -- again, i'd be very surprised if the idf is intentionally causing civilian casualties. that would surprise me greatly, especially given the technological competition and the pg.m's precision-guided munitions that are available today. >> what needs to be done, general jones, to achieve a cease-fire. you heard them say many times, as long as the rockets are coming into israel and as long

as there's tunnels that the hamas militants can go and they go and capture israeli soldiers, they are going to continue to deal with this problem. how do you get to a cease-fire right now given what's going on? >> as you may recall i had the privilege of serving as the special envoy for middle east regional security from 2007 to 2008 and got to know quite a few senior israelis, in and out of government. spent some time with former president peres, and i wish people had listened to president peres, because i think his wisdom is absolute. there's no question in my mind personally that the two-state solution is the only way out of this. it's the only long-term solution, but for that to happen every administration has relied on the goodwill of the leaders on both sides, and until that

habits with ear chasing the rabbit all over the place, and i think, you know, this is not just the regional conflict. this has global ramifications and i believe that strong american leadership with our moderate arab friends and europeans and the two players have to come to, you know, an agreement on what it is that is going to bring about an end to the violence but the -- unfortunately, i think we'll be waiting a long time. >> ukraine has said that it's stopping all military action in the area of the crash site for a day to allow investigators to get in. we know the monitors have reached the site, but they need much more time on the ground

than just a few hours or even just a day. the united states has called on russia to influence the separatists to stop the fighting. does the u.s., do you think, need to do more to push ukraine to also stop fighting in that area? >> well, i think, yeah, i think that clear ly russia and the u.. and the europeans really need to come together and say, you know, this is -- this type of activity in this day and age is an abomination, and i -- i honestly believe that the onus is on moscow more than anybody else to understand that it does have influence and to use that influence to bring this -- this particular aspect of this conflict to a logical and fair resolution. there's an atrocity committed here. almost 100 people died in a

horrific shootdown, and -- and -- and i think it's up to the president putin to step forward and do the right thing and work with people that have tried to be helpful to russia in the last 15, 20 years in europe and stop this unnecessary bloodshed. >> the question, of course, is how does the u.s. get russia to do that because if you look at russia putin's actions and response to this point, they have denied involvement. he has overwhelming support in russia, and there's also an overwhelming view in russia, according to the most recent poll, that ukraine is behind the downing of this plane, so you can see where the mindset is of the kind of pr offensive in moscow. how does the u.s. force putin to change? >> well, i think the first thing is that you have to -- i mean,

you know as well as i do the information that the russian public is getting is bizarre and extreme, so they are not being -- they are not being told the truth, we just have to say that. secondly i think that the recent sanctions that the europeans have joined with, particularly with regard to energy, defense and capital markets, if they are enforced and go into effect then i think that that will be. that will first of all show solidarity across the transatlantic partnership, and i think there's still more that can be done. i think that world leaders should get together and -- and see this thing through. we're coming up on an important nato summit. i think in my view, historical nato summit where the north atlantic creaty organization can

rally around this -- these types of activity in crimea and the ukraine, and i think we can fix some things that show -- that reassure, particularly the eastern europeans, baltic states and the u.s. forces should be more visible, on display and we should do things to help the financing of nato which everybody agreed to back in 2002 and nobody has done, so i think nato is at a turning point, and if the nations rally to this mission, and i'm not talking about warfare, but i'm talking about messaging and solidarity under american leadership, then i think you have a chance of changing behavior, but mr. putin is the kind of leader that only understands one thing. he doesn't do nuance very well. >> and all the while families around the world waiting for answers of where their loved ones are and who is behind the atrocity. >> that's absolutely outrageous,

and -- and most of the people i know in russia even today feel the same way. >> general jim jones, thank you so much for your time, really appreciate it. >> my pleasure. >> of course. >> we do have breaking news on the issue of what's going to happen to the dead from mh-17. two weeks later international investigators have finally reached the crash site. joining us on the phone from the actual crash scene is the spokesman for the organization for security and cooperation in europe. you hear us refer to them as the osce. michael, can you hear us? >> yes, can i hear you loud and clear. >> you're at scene. i hear you had safe passage. >> yeah, we did. we had safe passage and you know

the area having been here. standing right next to the big tail section, the cone section where the aircraft came down. it's right next to the tail section and across from a horrific, horrific burnt out area. just to tell you live as we speak, now we did have safe passage, and it was very calm, but as i'm speaking to you in the distance we're hearing very, very loud explosions and seeing smoke, and it seems to be in the direction of donetsk, it's very, very loud and right now i'm looking at the debris field and for the first time, for first time we have senior australian and dutch experts combing the field. now the number is small. we had about eight of our own monitors from the special monitoring mission, and we brought along four dutch and australian experts. they are here as part of the lead team of 60 that are back in

donetsk city, and it goes well today and then we'll be able to bring the other ones in because we have proven this work today. >> okay. well, that's good news. the key questions are, one, do you have the people on sight who are able to look around and see if they can find more victims because that's obviously the most pressing concern, and then do you think you'll be able to secure the scene and get regular access so the investigative work can actually be done so we can get some hard conclusions here for everyone who is waiting for answers. >> yeah, to answer your second question first, we passed the front line at least two or three times today. that's how tricky intense it was. we were on the road for about six hours, and we went from rebel hands to the ukrainian side and from the ukrainian side back to rebel hands and i must tell you, chris, that the very heavily armed gentleman with us right now are very different from the ones we got to know, but nonetheless they are allowing a very good look around

and on to the remains, you know, there is that stench of the remains here that we've all becomeful with. difficult to realize here, and the gentleman i talked to, the experts, they are having a very, very close look and what they will be doing is assessing over the next few hours. we'll spend the whole day here, to see what exactly has been gathered when we get back here tomorrow. they are authorized to collect the remains. they have the proper equipment to finally give those remains that have been lying here two weeks now the proper care and dignity that they deserve. >> listen, it's almost -- it's certainly difficult to say, but what you are picking up there from the environment is actually a sign of hope for so many families though, if you can get the right forensic people on the ground. anything that they find that is a memory of their loved ones, part of their loved ones will

mean so much to them. difficult work to be sure and not safe. any sense of what israel control conditions going in there. is it ukraine shelling that is closing out the window of opportunity? is it the militants at checkpoints? are you able to identify that? >> almost impossible to identify, that chris. all i know it's very loud and unexpected but, you know, we could tell when we crossed from one side of the line to the other there was a very high level to allow the osce monitoring mission to happen today. the guns remain silent. there are no real checkpoints but right now in the distance very, very telling, and we've been told it could be as close as ten kilometers from where i stand. there's no doubt about it. this is a somewhat risky mission but the determination was certainly there. we assumed some risk to get here

and i can tell you from a personal point of viewing seeing these men in uniform from the two countries that have taken such a big hit combing these feels. obviously in a very somber mood but they are glad to be here. this being two weeks today, chris, we'll also take a moment of silence, you know, and just pay our respects to those who did perish. >> i'm sure that will mean a lot to the families. there's so many people waiting on their loved ones and, of course, as you know, michael, i don't have to tell you this is your profession, but the last thing we need is more loss of life, more violence surrounding what happened there, so, please, be very safe, thank you for joining us and we'll check in with you again. he's with osce, the monitoring agency. doing everything they can to identify the dead and getting real answers about what happened to mh-17.

hopefully they will be safe on ground. lots of other news. let's get to john. you heard about all the breaking news in ukraine and the middle east. what's going on here. house republicans voted to sue president obama. in a party line vote the house approved a resolution authorizing this suit accusing the president of overstepping his constitutional authority, particularly in how he implemented or didn't implement parts of obamacare. chief congressional correspondent dana bash live in washington. dana, explain to me exactly how this suit works. >> the answer is we don't have an answer what. house republicans did was give this vote to authorize, and they are not exactly sure what the next steps are. in many ways this is unchartered territory. what they are going to do is formally put together a legal team that will make the final decisions about where to file suit and when to file suit, but it is unclear whether or not whatever if the judge gets it will even say that they have standing to sue. it might be thrown out.

let's just say for giggles here that it isn't thrown out, that it is processed and they go through the courts. this could take months, even years and that means that could be going on when president obama isn't even in office anymore, john. >> so it does seem there's a political theater aspect to it but political theater is something that both sides know how to do in washington. >> oh, yeah, big time. let's get real. undeniably this is also political. republicans insist that if you look at it it's not john boehner versus barack obama. this is the house -- the republicans -- the house versus the executive branch, the legislative versus the executive branch, a constitutional struggle. three months before an election. this is all about motivating the conservative voters that tend to be the most important in mid-term elections, and so there's no yes that's part of it, but you're right. it's not just republicans. democrats are seizing on this. they are stoking this, and this is actually helping them get

their democratic base out pause they are sending out e-mail notices, fund-raising, really making clear to democrats who are already not thrilled with republicans, that they should be angry and they say that it's working. they are raising a lot of money, but you know what else they are doing, democrats? they are taking it a step further. they are saying this isn't just about a lawsuit. this is just a prelude to impeachment which, you know what, some democrats have given democrats an opening to do that because people like sarah palin are really pushing it and some republicans are pretty frustrated. john boehner has said we're not going to do this, not going to impeach but the message is a little bit muddled because of some talk out there of impeachment. >> oh, the "i" word, washington. dana bash live for us in that city. appreciate it. >> coming up on "new day," the deadliest outbreak of ebola growing. the peace corps pulling out of danger zones after two americans are infected with the virus.

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april and we got word of it, we knew that that was a potential that they would have to deal with. welcome back. that was jeremy whitebol earlier on "new day," talking about his mother, one of the americans fighting for their lives after contacting ebola. now russian organizations are rushing to get their people out. meanwhile, how pad is it? according to the world health organization the number of confirmed cases of ebola now tops 13 up it's more than 700 deaths involved. they expect the numbers to go up. we're also look at how's to could be for ebola to find its way out of off camp according to quarts.com flights out of major airports in the affected countries arrive in 39 airports, including three in the u.s. so let's bring in our chief medical correspondent dr. sanjay gupta with an update on the

peace corps zol tier. what do we know about the two who may have to stay behind? >> they appear to be doing fine now. the story is that they were doing work out there unrelated to ebola, and they came in contact with somebody who subsequently died of ebola and they went back and found everything that that person may have been in touch with and two of them were the peace corps volunteers. what happens is they go into isolation. obviously trying to stem any spread of this, and they also have their temperature monitored every day for 22 days. if you don't develop a fever within 21 days it's unlikely they contract it had but that's sort of the process for them, and as you mentioned, chris, rest of the colleagues, 340 of them are now being taken out of the country. >> we were talking to the son of one of the two americans that were infect saying look, you know, we eawaare aware, 60% of people succumb to the virus.

what about the two americans? >> doing a little bit better, and you want to be cautious as you give these reports. they were quite sick. over past few days they had deteriorations. both dr. brantley and nancy who is son you just spoke, to they -- but then they had a little bit of improvement so i think it's going to be a little bit of up and down for the next several days and they are keeping an eye onterm the idea of evacuation has been raised but it's tough. you need the right craft to be able to do this, to get the person out without potentially infecting other people and make sure that the person is medically stable enough and got to be clear on where you're going and a that place has to offer that they don't currently have. >> what do you think of the cdc issuing a warning of non-essential travel to those nations, smart? >> more psychological than pragmatic and for that reason it may be smart. serves as a reminder of what's going on there. you may say doesn't everybody know that there's ebola there and isn't that of real concern.

let me point it out again, important to understand the transmission of this when the cdc is making the transmissions. this is not a flu, in the out in the air. not at airports spread by people shaking hand. people can become contagious or effective with this when they are quite sick so they are not up walking arm. usually in bed and oftentimes in a hospital it's people who are in contact with them that are most likely to get infected. health care workers, tourist members, very unlikely so i don't know it will make a big difference from a pragmatic standpoint but psychologically it serves as a reminder in the region around around the world of what's happening there. >> if you take a look at what the status is though, how do we explain the rapid increase in cases. does it go to what kind of preventions are being done or, you know, whether or not we know what we're doing when it comes to ebola. how do you explain it. >> again, with ebola there's no specific antiviral or specific treatment so that's been the case, you know, since 1976 when

this first started. we've gotten better at giving fluids back and replacing things to help the blood clot but nothing specific. i think the rapid increases for a couple of reasons, there in begin' couple of months ago. it's a different world. you've got people moving around more than before. this used to be relegated just to smell villages and remote areas of africa and they died before it could be spread at all. it's changing in that regard. also a mistrust of the medical establishment, you know. if people don't trust the medical establishment they stay at home and even as they are getting sick, people come visit them and they spread it to friends and to relatives because they don't go in and get isolated. that's part of it as well so, you know, there's a bunch of different factors probably at play but those are two of the big ones, chris. >> the big concern for people here is if the virus comes over with somebody who doesn't know they have it and it gets here, hopefully it won't be completely by surprise to our governmental health professionals, that they will be ready to deal with this

situation, right, because that's the biggest fear? it comes here and you get caught flat-footed and cases start to spread. >> no question. in some ways i would not be surprised at all if we hear a headline within next period of time that a case of ebola is now in the united states. that has not happened as of yet. it's not made its way into the western hemisphere but between the time someone is exposed and time someone gets sick, you have 21 days so you could be all over the world during that time and that's -- that's the concern. i think that the resource in the united states is so different than the resources there in many of these places in africa. >> true. >> isolating people and being able to identify this quickly through genetic testing of the virus, all this sort of stuff will make difference. we'll hear that scary headline, my prediction that ebola has made its way into the united states but i don't think we'll hear the follow-up scary headline which is it's starting to spread. i think it will be contained very quickly. >> good to know. thanks for the perspective. always good to have you on the

show >> thank you. >> if you want to learn more about the organizations that are affected by the ebola outbreak, go to cnn.com/impact. your house of representatives found time to sue the president. what other priorities got put on the back burner so they could do that? we'll take that up on "inside politics." can you pick me up at 6:30? ah... (boy) i'm here! i'm here! (cop) too late. i was gone for five minutes! ugh! move it. you're killing me. you know what, dad? i'm good. (dad) it may be quite a while before he's ready, but our subaru legacy will be waiting for him. (vo) the longest-lasting midsize sedan in its class. introducing the all-new subaru legacy. it's not just a sedan. it's a subaru.

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well, to say the least there's a lot going on in the world that has political ramifications so let's get "inside politics" on "new day" with mr. john king.

>> chris, kate, nice to see you. you're right. a lot going on. this is normally the sleepy period but not this week in washington. let's go "inside politics." with me to share their reporting and insights, julie pace of the associated press and ron foreign year of the national journal. most of you at home think your congress can't do anything. the congress on record going to sue the president of the united states. they say the president changed things he didn't have the power to change. listen to the president. why can't we do other things and just get along. >> america deserves a raise and it's good for everybody, so some of the things we're doing without congress we're making a difference but we could do so much more if congress would just come on and help out a little bit. just come on. come out and help out a little bit. stop being mad all the time.

stop, you know, just hating all the time. >> looks like the president is relaxed, having a little fun with that, a little sarcasm. the white house makes a decision when to be mad and when to lecture the congress when they want to do that and when to do it light heartedly like that. what's behind that strategy? >> i think can you tell from the clip that the white house is not exactly quaking in its boots over the lawsuit. they feel politically this is a very good thing for the president and democrats in a mid-term election year. not only can they point to this week in congress and say look at all the other things on table that congress could be doing and instead they are doing this lawsuit. they can paint republicans in a broader way as saying with all of these issues facing the country, with all of these priorities that the american people have, this is where republicans are, and they are raising money off of it. >> stylistically that's the president at his best. that was harry truman, give them

hell with a smile. policy-wise, long view, quaking in the boots. the president and the white house should be ashamed of themselves and so should the republicans. playing politics over something that's fundamentally abhorrent to americans. >> playing politics with the country, not just the presidency in that both parties seem to like this. >> the white house likes this because it helps gin up the base. steve israel says they have raised $7.6 million since republicans announced the plans for the lawsuit and the republicans likes it, too, because they think it gins up their base. not worried about the president's friends in california or new york, worried about the red districts in the middle of the country. >> three people will vote in november. the republicans started this. the democrats have taken it to a new level and rest of america, the vast majority is even more turned off by government and politics. they should be ashamed of

themselves. >> and you wonder if they can vote to sue the president can, they voters just bring to the floor, maybe the house and snant wouldn't be able to resolve their differences. can they have some votes to solve the border crisis. house republicans want to do something more modest and even senate democrats want to scale back the president's request a little bit but one of the most startling dynamics, can speaker boehner get his crowd? ted cruz, the senator and tea party favorite from texas comes over to talk to house conservatives. after that, a great story in the "washington post," robert costa quotes peter king, the moderate republic republican, saying the obama white house should put ted cruz on the payroll. he's meddling in house republican business and he does this because there's a group of tea party republicans in the house that want boehner to be

taking more conservative positions, that want him to be tougher on the president and when it comes to this immigration issue in particular want him to not only vote against what the president wants but also try and scale back programs that the president has already passed through executive order to grant what they say amnesty to a lot of people here in the country illegally. >> a lot of republicans will cast votes on amnesty that has zero chance of passing in the senate and zero chance of getting the president's signature. kay hagan and mary landrieu voted against bringing this to the floor. this is what they got elected to do, to debate and vote on country's big problems. >> no, no. they got elected to make sure that they can get a few more members of the party elected in the next election. there's nobody in this town right now up in congress really looking at the long-term future of the country. the republicans are perverting and in this case the democrats

perverting the word amnesty and doing it in a way that's turning off the fastest growing electorate in this country. there won't be a republican president in our lifetimes if they don't get right on this issue. they are not worried about that. only worried about the short-term game, zero sum game of how to get most of our voters out in november and make sure the other side doesn't get their voter out. it's pathetic. >> one election at a time at the expense of the country and trying to have a conversation about a legitimate issue. republicans have long been saying that lois lerner, saying they targeted the tea party and have a new e-mail that think they proves her motives. lois learner is responding to a couple of e-mails from a friend, we don't know the friend's name and they say pretty nasty things about right wing radio hosts, used the term wackos and lois lerner says we don't need to worry about alien terrorists, she did that on her blackberry, don't need to worry about alien

terrorists. it's our own crazies that will take us down. is this what republicans are looking for, the smoking gun to say barack obama's justice department cannot investigate this, you need a special outside counsel or another bread crump on the trail of weirdness at the irs. >> hard to say if this e-mail alone ends up being a smoking gun, but what it does it continues to keep this issue alive for republicans, and it gives more fodder for what they have been saying the whole time that this is just not something that was isolated, that that was not politically motivated, that it in fact started with one person and perhaps more who had a real -- a real ax to grind with republicans and it will keep the issue alive, particularly into the mid terms, because the irs like one of the other issues is something that really does motivate republican base. >> the prosecutor would say in courtroom goes to motive. >> and to borrow the president's phrase, there's at least a smidgeon of irs in the irs.

>> let's move to connecticut, when you see the democrat running against mitch mcconnell who wants to be the senate majority leader, now the senate republican leader, running for the first time for national office sometimes you head the test on foreign policy. listen to her policy on israel. >> the iron dome is a big reason why israel has been able to withstand the terrorists who have tried to tunnel their way in. >> now, if you couldn't hear that clearly, iron dome has been the big reason why israel has been able to withstand the terrorists who have tunnelled their way in. the iron dome is a defense system that deals with rockets in the sky. >> anti-missile defense system allows you to focus on rooting out the tunnels and that is what she wanted to say. a candidate a few years ago, had a look at her internal campaign memo saying if she had a

pro-israel stance she would raise a lot of money and her position was tbd so she has an authenticity problem on this issue and this just underscores it. >> i think the thing that this shows and we all know it having written about middle east issues, when comes to the israeli-palestinian debate, your language is going to be parsed constantly. you have to be so careful with what you say and it's a really complicated issue. >> right. >> and experience has been one of the things that mcconnell's campaign has been going after with her, and this might play into that. >> i think the tbd was in the georgia senate race, michelle nunn, not alison grimes. same dynamic, candidate running for the first time, they get troublesome. the key question for the candidate is how do they clean it up we'll see how that plays out. >> still my editor after all these years. >> back to you guys in new york. that's the most fascinating part to me, georgia and kentucky, two first-time democratic candidates and the two states they think they can pick up senate seat.

they will be tested in the last 90 something days. >> and every word and every statement parsed down to the syllable, that's for sure. thanks, john. >> lucky we have john king with his encyclopedic knowledge. >> exactly. coming up on "new day," israel's prime minister says this is only the beginning. he says terror tunnels intoful must be eliminated no matter how long it takes. we'll talk to his chief spokesman about what that means after the break. when laquinta.com sends him a ready for you alert the second his room is ready, ya know what salesman alan ames becomes? i think the numbers speak for themselves. i'm sold! a "selling machine!" ready for you alert, only at lq.com. remind me to tell her happy anniversary. [ cortana ] next time you talk to caroline, i'll remind you. [ siri ] oh no, i cannot do that. oh, and remind me to get roses when i'm near any flower shop. sure thing. remind you when you get to flower shop. i can't do that either. cortana, it's gonna be a great night.

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welcome back to "new day." i'm wolf blitzer overlooking tel aviv behind me. let's bring in the spokesman for prime minister benjamin netanyahu mark regev. mark, the prime minister said very bluntly, israel will continue to destroy tunnels going from gaza into israel with or without a cease-fire. i want you to elaborate. what does he mean by that? >> those tunnels, wolf, and you've been there and you've seen, it they are a strategic threat to our country. they are a real and present

danger to every israeli civilian living in the southern part of our country because those tunnels allow terrorists to come across the frontier by tunnelling under. they pop up on our side of the territory. you never know where, and they come out of those holes with explosives and automatic weapons and rocket-propelled grenades and they will kill and kidnap. i can tell you people in southern israel are very concerned. you know, no one wants to see a knock at the door because a terrorist has come out of a hole in your backyard with an ak-47 automatic rival, so we have to deal with these tunnels, and we will do so either in the framework of a cease-fire or in the framework of continuing the conflict, but either way those tunnels have to be neutralized. >> have you completed your investigation of who was >> you have completed your investigation of who was in the

shelter of the schools which killed so many people? >> we're talking about a tragedy, innocent people being killed, lives lost at a u.n. facility, and it's a terrible, you could not be moved if it you see the pictures but let's be clear, the investigation is ongoing. it's not clear to us that it was israeli fire. we're looking into it. what we can say for a fact is that there was hostile fire from the immediate vicinity of that facility on our forces who were returning fire. now in the framework of a combat on the ground, a firefight, it's possible there was stray israeli fire. i don't know that for a fact but those accountable, those responsible are those who turn a u.n. facility into a war zone and that's clearly the hamas terrorists who have a consistent pattern of behavior, of brutalizing u.n. facilities, storing weapons there, shooting out of them and they're the ones who have ultimately violated u.n. neutrality and violated the u.n.'s humanitarian mission, and with that, they should be, for that they should be condemned by all.

>> because you know the united nations has flatly said it was israel responsible for the shelling of that shelter. there's other horrible images we've shown our viewers in the united states and around the world these horrible images of what happened subsequently at a marketplace, when there was a shelling there, a lot of injuries, a lot of deaths. do you know if israel was responsible for that particular incident? >> it's a similar sort of case, because we know we had forces in the area, and they were in combat with hamas terrorists, and somehow we don't know exactly how, but those civilians were caught up in the cross-fire. we make every effort when there is combat to tell civilians to leave the area, and you know this, wolf. we've sent phone calls, we dropped leaflets, with he send messages, we do radio broadcasts. we don't want to see any civilian caught up in the cross-fire between hamas and us.

unfortunately hamas has exactly the opposite strategy. hamas wants those civilians there as human shields, and asks them or demands from them i should say probably more correctly that, commands them to stay so they do have these human shields. we try and make a maximum effort to avoid collateral damage. i was on this program "new day" i think it was ten days ago with cnn's own military analyst lieutenant general mark hertling, and he said, and his words i think are clear, he said the israeli military does take special care to try to avoid hitting civilians. we don't want that to happen. >> i know that the u.s. has accepted israel's requests for emergency resupply of certain specific munitions. here is the question. is israel running low in certain munitions as a result of which you've asked the obama

administration for some emergency resupply from u.s. stockpiles in israel? the obama administration said yes but are you running low? >> wolf, with your permission, i'm going to say that israel and the united states are friends, and we have a very close defense relationship. we have very close to military-to-military relationship, we have a very close intelligence relationship but i'm not going to go into in igthat might have transspired between our officials and american officials on these issues. >> our barbara starr our pentagon cor correspondent was the first to report this information yesterday. mark regev, thanks for joining us. back to new york with kate and chris. >> all right, wolf, we're going to get back to wolf in just a moment with more on his interview with israeli presidenpresident shimo perez. we'll be back right back after this.

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an --rcaptions by vitact--n. www.vitac.com this is a sort of a war that you don't get a chance to make it at least a little bit more humane. >> nothing is more shameful than attacking sleeping children. >> mr. putin does not have respect for our president.

i see this as becoming a real threat to the united states. the deadly ebola virus spreading even further. >> when the first wave of the epidemic hit in april, we knew that that was a potential that they would have to deal with. >> good morning and welcome once again to "new day." it's thursday, july 31st, 8:00 in the east. let's get right to the breaking developments this morning in the middle east. israel's prime minister vowing to finish the job, going after hamas' terror tunnels, leading into israel. benjamin netanyahu says operation protective edge will continue with or without a cease-fire to protect israeli sit stcitizens calling this the phase of the demilitarization of gaza. it came after palestinian authority president mahmoud abbas told the u.n. secretary-general the israeli air strikes amount to war crimes. overnight more shells fell near a u.n. school in gaza after a nearby building was supposedly targeted.

still unclear who launched those. the united states is standing in support of israel's right to defend itself from militants but does warn israel it needs to do more to limit civilian casualties. on the ground, wolf blitzer joining us from jaffa this morning. what is the situation, wolf? and good morning. >> well, the impression we're getting is that this is just beginning maybe to a certain degree, only today the israelis mobilized, what, another 16,000 reservists. i think they're getting close to 90,000 reservists mobilized over the past three and a half, four weeks. they're clearly listening to the israeli cabinet, the idf, the israel defense forces. they're going forward with their military operations, and it's obvious what's going on inside gaza. let's go to gaza city right now. cnn's karl penhaul is on the scene with more. what has happened basically in the past 24 hours overnight, karl? >> well, first of all, if you look at the casualty toll, wolf,

more than 120 people were killed in just the last 24 hours and there is in many ways a palpable sense that things are going from bad to worse. electricity is almost non-existent now, and that means that the water pumping systems are also failing, so many houses are going to be left without running water, and in fact, when i talked to the commissioner-general of the united nations relief agency yesterday, he said that the u.n. facilities are almost at breaking point now, and if this goes on and if tens of thousands of palestinians continue to flee their homes, simply the israeli military will have to take the responsibility for looking after them, but let's take a look at what's been going on. breaking overnight in gaza, shellings early this morning landing dangerously close to a u.n. school for girls. multiple casualties on the street sparing those inside. it's the second incident in 24 hours in an area where people

thought they would be safe. rounds tore through u.n. school turned shelter wednesday after the u.n. says it repeatedly notified the israeli military and hamas of the school's coordinates and the school was being used to shelter 3,000 displaced palestinians. it's the sixth time their schools have been hit, according to the u.n. one problem? weapons have turned up in three abandoned schools believed to have been placed there by hamas. >> it there be extremely irresponsible for us to have militants in that school, and our people assure us there was no such presence whatsoever. >> reporter: the u.n. says they have strong evidence that israeli shells are to blame for the 20 lives lost in wednesday's attack. more blood was shed during what was supposed to be a four-hour cease-fire wednesday, sparked, israel says, by hamas firing 26

rockets just two hours into the truce. israel firing back, but apparently hitting this crowded open air market. as journalists capture the blast and the devastation that foll s follows -- [ speaking in foreign language ] >> reporter: -- the camera dropped as the photographer is wounded in the attack, but a colleague continues filming. [ speaking in foreign language ] >> reporter: these images, a chilling reminder of what life here has become.

now adding to that sense of growing foreboding on the gaza strip, the news we're hearing that possibly the united states getting ready to supply its ally israel with more munitions, included in the list of munitions, we see 120 millimeter mortars and grenades for grenade launchers. it has to be said that those are area weapons designed to cause maximum casualties against the enemy. they are not precision weapons, raises the question, are we in for even more civilian casualties, wolf? >> karl penhaul, thanks very much. indeed the u.s. for many years has kept the stockpile of weapons munitions inside israel. it's run by the united states but it's available to israel in case of a war, in case of an emergency to preclude the need for a u.s. emergency airlift which was the case in the 1973 war and you're right, barbara starr reporting the u.s. has now accepted israel's request for

some munitions needed in the israelis say they need in terms of dealing with hamas in gaza. now all of this is underscoring the very unique relationship that the united states and israel have. listen to this exchange i had, just a little while ago here in jafa with the now former president of israel, shimon perez. the white house and the state department both have said israel can do more to prevent civilian casualties. >> to the best of my knowledge, israel is trying to do so. i spoke with many pilots, many fighters. they're unbelievably aware of it, but know their place is dense, it's a small place, extremely densely populated, and they made every place a part of their front. they planted mines.

they put in explosives in houses. if you touch, the house explodes. i mean it's unbelievable. >> is the credit is imof israel of president obama and secretary kerry and their role in this current crisis justified? >> look, i know president obama quite well, and also i know secretary kerry for many, many years. the president is a responsible friend of israel. he answers many of the questions about the domain of defense and security. so if he has a remark, he may have his remark, but we shall not forget that basically is a great friend and a good friend, and i trust him, and i don't mind, i hope he doesn't mind to hear. friendship is not just that all

the time flirting, but basically is he an outstanding person. i think he tries to bring an end to all the wars, and carries a friend of his. i've known him for many years, so i believe america is a friend. i think friendship is more important than gossip. >> do you think the current government and israel led by prime minister netanyahu is still committed to a two-state solution, israel and palestine? >> yes, yes. i mean what i hear from the prime minister is the things that abu maza is not capable of doing it, and in my view it's totally different. i think we should not find a better man to do so. >> you disagree with prime minister netanyahu on that issue? >> yes. i notice that prime minister

netanyahu recently also is beginning to change his mind, vis-a-vis abu maza, too, but i say it with certainly. i know the man. i experienced -- look, i wish that everything would be done, but unfortunately life is more complicated. i didn't choose my optimism and i think that hamas wasted money, wasted goodwill. it's not a surprise that they are isolated not only by us. >> very strong statement by the now former president of israel, shimon peres about abu maza, the president of the palestinian authority mahmoud abbas. he trusts him and says he's a man they will deal with and strong support for president obama and the secretary of state john kerry, even though both of

them recent days have gotten severely criticized by some elements in israel including some members of the prime minister's own cabinet. back to you guys. >> interesting insight, yet still no clear path out of the situation they're in right now, wolf. we'll be back to you in a live bit. we have welcome news out of ukraine. international investigators have finally reached the mh17 crash site. just hours after the ukrainian army declared a one-day cease-fire, they journeyed the many hours through ongoing battles, munitions, still exploding around them, and made it to the site to finally begin the all-important work of identifying any victims and investigating the wreckage. cnn's nick paton walsh went to the site and joins us now. how risky is it to get there? >> reporter: it's pretty messy and certainly easier for us as one car than the four or five vehicles they must have been in. it looks the osc mission and four dutch and australian experts, six hours. it should have taken three.

they had to cross through enemy lines a cross the front lines twice to get through there. they say tomorrow they hope to begin the task of recovering what human remains there are there. when they got there they had a minute of silence, a somber site there inteed. the road to the mh17 crash site isn't easy. past shelling, eerie separatist checkpoints. in a beautiful field of sunflowers lies a horror still unresolved. it's been 13 days since mh17 was blown out of the sky. it remains here a monument to cruelty, to how 298 souls, some shipped in parts, away on a separatist train, have yet to find complete rest. the silence in these fields is that of a tomb, like sorrow and loss of isolated it from the war around it but you have to stand here and see the things that people want to take with them on holiday and even now smell the

stench of decay, relatives of those who died here must feel to get inspectors to this site and. in the hour we were there, no separatists, inspectors or ukrainian soldiers at this site, just distant smoke that explains why the inspectors' large convoy has had such trouble getting here. god save and protect us, the sign asks. not here, still wreaking of jet fuel. the scene of this crime abandoned, evidence tam perred with. shrapnel hulls visible in the cockpit's remains, a wallet empe looted. daily horrors drowned out that which took their lives. whose blind hatred has yet no space for the minor dignities they deserve. this is really entering a new phase, chris. they have got access, probably going to grow in confidence. they do have now authorization

from the ukrainian parliament for up to 700 armed personnel, dutch or australian potentially to go with this inspection mission to the site that's going to massively raise the temperature of further missions to there. they need weeks, possibly months to do their job. the political nature of this mission enormous in this civil war, both sides i think it's fair to say trying to use it to make the other look bad. chris? kate? >> the upshot is, nick, thank you very much for the reporting, stay safe there. they both look bad in this situation. because you have this shelling that's so close around. they know that makes the scene unsecure. >> we even heard that from the osce monitor this is morning. >> right. >> they are on site but they're hearing the shelling going on around them. >> it's too close. i'm hearing from families now who are waiting, waiting to have their loved ones identified. just being in that kind of limbo is unfair to them in this conflict. you hope the two sides recognize

the dignity of the dead. >> you're absolutely right. let's get back over to john in for michaela for today's other big stories. >> the republican-led house of representatives voting to go ahead with a lawsuit against president obama. this lawsuit claims the president exceeded his constitutional authority with unilateral changes to the health care law. democrats say it's a political stunt designed to placate conservatives who really want to see the president impeached. of course democrats raising money off that very fact a chilling warning recorded by a u.s.-born suicide bomber before he blew himself up in syria earlier this year, the video just surfaced, he warns america "we are coming for you, and you will never defeat islam." abu sallahes way college dropout from florida who went to steeria for training. he later returned to the united states, but decided to go back to syria to carry out his mission. house republicans rushing to act on the border crisis. the house scheduled to vote on a $659 million to speed the return

of thousands of undocumented children in central america. republican leaders are also planning additional legislation that they say will block the president's plan to grant work permits to undocumented immigrants who arrived in the u.s. as children, so this action in the house today not clear whether the republican leadership has the votes to get either measure through, so it will be very interesting to watch. >> exactly right and also clear already, the white house threatened to veto it if it does whatever they're going to be putting through. >> exactly, and harry reid, what's going on in the senate, no one knows either. there's like a day and a half left before they go on break. >> i argue they have plenty of time, just stay in town. washington wonderful this time of year. >> you put the pin in the balloon. representative cole says maybe we'll keep it pro forma and not officially adjourn. that's great news. tell them what you told me. >> they're not going to recess and you have the recess appointments issue but it is true and it's happened in the past they stay in a pro forma session, if they reach a deal

they can pass anything by unanimous consent in a moment with a voice vote. >> just because they're gone doesn't mean they're gone. >> they can get it done if they want to get it done, plain and simple. >> it's interesting how saying the same thing twice makes it sound different. they're gone, they're not gone, if they want to get it done, they get it done. pretty simple. >> pretty simple actually. >> now i get it. coming up on "new day," ebola is spreading in west africa, and there are fears that the virus could land on our shores. we're going to talk to a doctor from the national institutes of health, what we can do to stop it and what happens if it does come here. [ man ] cortana, when my wife calls remind me to tell her happy anniversary. [ cortana ] next time you talk to caroline, i'll remind you. [ siri ] oh no, i cannot do that. oh, and remind me to get roses when i'm near any flower shop. sure thing. remind you when you get to flower shop. i can't do that either. cortana, it's gonna be a great night. [ beep ] oh wow! thanks for the traffic alert. i better get going. now that is a smart phone. ♪ oh, wait

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she is aware of people praying all over the country, all over the world for her and for dr. brantley. i know that lifted her spirits and encouraged her. >> welcome back to "new day." that was jeremy wrightbol earlier on "new day" talking about his mother, nancy, one of two americans fighting for their lives after getting ebola in liberia. now, major humanitarian organizations are starting to pull their people out of three countries in west africa, that is except for two peace corps volunteers now who may have come in contact with the virus. meantime according to world health organization, the number of ebola cases tops 1,300, with more than 700 deaths. the rising numbers have put a spotlight squarely on how easily the virus could spread beyond

africa. take a look at this. flights out of major airports in the affected countries arrive in 39 airports including three here in the united states. so how worried should americans be that the disease could spread here to the united states? let's bring in dr. anthony fauhe, from the national institutes of health. always great to see you. thanks for your time. >> good to be with you. >> what is your latest assessment of the threat level in terms of ebola making it here to the united states? >> well certainly it's conceivable that someone could get infected in west africa and be without symptoms and get on a plane and come to the united states but the spread of it would be highly, highly unlikely that there would be spread. it would be unlikely someone would get here but it's feasible that they would, but when you look at what's going on in west africa, the reason for the spread is the inability to contain and take care of the people who are infected, because of the conditions of needing to

have personal protective equipment and to protect yourself from the bodily fluids. if someone happened to get infected and come to the united states, we are totally equipped to be able to handle that, so that's why i say, and the cdc says with some confidence that there really is very, very little threat that there would be spread here if, in fact someone did come here who was ill. >> that's reassuring obviously for anyone here in the united states, but can you give me more detail, how is the united states more prepared to prevent from a spread if it would make it over here? >> it has to do everything with the health care system and the ability to isolate people and to follow the strict protocols that the cdc has put in place of how you handle diseases like ebola with the very strict protocols to handling bodily fluids to protect yourselves with what we call personal protective equipment. so those are the kinds of protocols if, when followed, are

easy to contain the virus. the reason we're having the real difficult and frustrating situation in the west african countries is they're really not equipped to be able to do that in the large numbers that they're seeing. >> so now we know that aid agencies are beginning to pull some of their people out of those countries but at the same time we keep talking about, we are not seeing travel restriction being put in place, leaving those countries coming into the united states. do you think, even though after what you've just said, do you think travel restrictions would make any difference here? >> well, i think we have to leave that up to the cdc. right now, they are watching the situation very, very carefully. they're at what's called, when you talk about people going there, you're talking about a level two, and you could consider level three. level two means not restricted, but really be very careful and staying away from people who are sick. level three would mean only very essential travel. so right now we're at level two, but you can consider going to level three, but that's always on the very dynamic, active

consideration, because they're watching the situation very carefully. >> we are hearing from our reporters at the state department that the united states is in ongoing kind of discussions and consideration of medevacing the americans who have been stricken by this out of those countries. what goes into those suggestions? what would that mean? >> well, first of all, i don't have any information about the hypothesis that you're talking about, about this going on but for example if someone who was exposed were hypothetically to come here, certainly there would be a big red flag, people very alert in getting people, if appropriate, under the appropriate type of isolation for the period of time beyond which you'd be very confident that they are not infected and would not spread. so i want to emphasize that when i've heard that and people are talking about that, there are very strict protocols of isolation of how to handle people, if, in fact, someone

were to be airevaced here. it's not done haphazardly. it's done under strict protocols with isolation. in fact there's an example of people in the past who have had hemorrhagic fevers. one as recently in minnesota in march of this year, when the person came over with a fever called lossa fever, similar to ebola, not exactly, which was handled perfectly well by the minnesota department of health, as well as by the cdc. so there is some experience about how to handle that. >> and in addition to that, i think it's been important also to point out and sanjay gupta was talking about it a little earlier in the show, doctor, the difference here and the important distinction with ebola of it being highly infectious and contagious. >> right. well, first of all, an infection, an infectious disease is one that's caused by a microbe. you could have an infectious disease that you don't transmit to another person. contagious disease is an

infectious disease that you can transmit from one person to another. so that's the difference that sometimes gets confused between an infection and a contagion. so i can have an infection, but unable to transmit it to someone, but there are many infections that you can transmit. those are called contagious infectious diseases. >> so bottom line, you think what is happening right now in terms of the part of the united states, things are being handled with great care and well. >> oh, i think so. i think the cdc is doing an extraordinarily good job, as they usually do, as they always do, actually, in monitoring this very carefully on a real time basis, and making the appropriate decisions when the decision points come up. >> and that's obviously continued to watch on a moment by moment basis. dr. anthony fauci, always great to have your advice. thanks so much >> good to be with you. >> of course. if you'd like to learn more about organizations working to help those affected by the ebola

outbreak, go to cnn.com/impact and get all of the information there. let's take a break. coming up next on "new day," the detroit front porch murder trial takes a bizarre turn. should the victim's blood alcohol level on the night she died be a factor in the case? our legal experts are here and the debate will begin. captain obvious: i probably wouldn't stay here tonight.

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if you're a current or former military member or their family, get an auto insurance quote and see why 92% of our members plan to stay for life. time for the five things you need to know for your new day. number one, israeli prime minister benjamin netanyahu says the operation to take out the hamas terror tunnels will go on with or without a cease-fire. palestinian president mahmoud abbas says israel's air strikes amount to war crimes. investigators finally reached the flight 17 crash site in eastern ukraine, this happened hours after the ukrainian army stopped military action to help them get there. house republicans getting a green light to a lawsuit against president obama. the suit accuses the president of abusing his constitutional authority in implementing the health care law. the peace corps has moved hundreds of volunteers out of

west africa over fear of the ebola virus. two peace corps volunteers have been placed in isolation after having contact with a person who later died of the virus. so it is 43 on 41, former president george w. bush has written a book about the life and career of his father george h.w. bush, who just turned 90. the bush biography by bush scheduled to be released in november. we are always updating the five things you need to know, go to newdaycnn.com for the latest. chris? >> thank you, j.b. coming up on "new day," did the prosecution make the case in the front porch murder trials? now the defense's turn. the victim a big issue for them. is that fair? what do they have to do to make this something other than murder? her condition is something they're going to bring up. does that make this self-defense? we'll take you through it all. and cnn's emmy nominated series "the '60s" airs tonight at 9:00 p.m., 1968, an

incredible year of change. >> 1968 certainly has been one of the unhappiest years in american history. ♪ there's something happening here ♪ ♪ what it is ain't exactly clear ♪ >> 1968 was one thing after another. >> martin luther king was shot and was killed tonight. >> you assassinate a non-violent person, try to kill the dream. okay, here's the taste of the nightmare. >> senator robert francis kennedy died at 1:44. >> as far as i'm concerned lost the only leader i feel gives us any hope for the future. >> and we're going to win first of all an americans should remember that. ♪ what's that sound >> we have a little too much violence in this country. >> people were afraid. >> we have to question ourselves, is our country coming apart? what are we becoming? >> the '60s, tonight at 9:00 on

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welcome back. it is a troubling fact, but is it a relevant one? a dozen shots of vodka, that's how much renisha mcbride likely had before she ended up on theodore wafer's porch where she was shot and killed. it focused what was in mcbride's blood which also includes marijuana, all in an effort to prove wafer had a reasonable or really honest fear for his life. alexandra field has more. >> reporter: prosecutors argue it's clear, theodore wafer knew what he was doing.

>> locked main door, had to be opened, the gun had to be pointed. the trigger had to be pulled. >> reporter: resting their case for murder after a final witness takes the stand, a medical examiner testifying renisha mcbride was shot in the face, fewer than three feet from the end of the barrel of this .12 gauge shotgun. >> the injury from the shotgun wound was so catastrophic i couldn't determine any other injuries. >> reporter: mcbride had been drinking, her blood alcohol level nearly three times the legal limit and there was marijuana in her system. three and a half hours before she was shot through wafer's locked screen door she drove into a parked car, her head apparently smashing the windshield. wafer told police he shot her by accident. the defense argues she was banging vie letbang ing violently on the door in the middle of the night and he was

afraid for his life. >> boom, boom, boom, boom! he is awoken. >> reporter: crime scene photos show blood on mcbride's hand. the medical examiner says he found no signs either hand was injured, bruised or swollen. the first witness for the defense disputing that opinion. >> the main thing that they see here is the swelling. >> reporter: police testifying they found no evidence that anyone tried to break in that night. the defense arguing investigators didn't thoroughly look for it. >> or maybe there was a second person trying to gain entry in the back of the house. did you ever think of that? >> that's the person mr. wafer should have shot. >> reporter: wafers attorneys haven't said whether he'll take the stand to defend himself. alexandra field, cnn, detroit, michigan. >> all right so the prosecution just finished its case. did it make the case? let's discuss with our legal analyst, cnn legal analyst sunny hostin, former federal prosecutor, mark geragos defense attorney. good to have you both. sunny, simple question, tough answer. did the prosecution make the

case? >> i think there's no question about it. what i loved about the prosecution's case, chris, they tried it tightly. we see the murder cases that go on for weeks and weeks and weeks when you don't have that complicated set of facts. we're talking about a woman who was looking for help, got into a car accident, knocks on a door, and gets shot in the face from inside the home through a locked screen door. that is the kind of case that prosecutors need to try the way they tried in this case, tightly succinctly and i think there's no question about it that book ending it, ending their case with the medical examiner's testimony was crucial. she was shot in the face, grave injuries, and most importantly, i think, no injuries to her hands. that flies in the face of this defense argument that she was aggressive and banging on the door. >> boom, boom, boom. >> boom, boom, boom, to the point where he feared for his life. >> sounded like gunfire when the lawyer said it in the courtroom. >> but no injuries to her hands. >> mr. geragos but she was so drunk, she had marijuana in her blood, but there may have been

two people. all of these things the defense started throwing up. how compelling is that to you in terms of spreading reasonable doubt? >> well, look, i think the defense is very well positioned right now. you ended with the prosecution's m.e., medical examiner, who i don't think was very good. you start off with the defense m.e., who is world renowned, who is going to walk this jury or did walk the jury through the defense case, and you know that little piece or snippet that you put on about the detective who thought he was really getting a jab in there, when he said, "well he should have shot the other person," that actually works to the defense's benefit. >> how so? >> if he had the thought that there was an intruder, which is what he says he did, the cop is saying he should have shot him. well, he did. he shot the person through the front door because he thought that that person was an intruder. the marijuana i don't think gets you very far because most people i think at least anecdotally

know that marriage marriage ijug to hype you up, but the shots of vodka, having gone out drinking with sunny, i can tell you what that does. that actually will make them a little bit more aggressive. >> i drink you under the table, geragos. >> i've seen you do shots, sunny. >> going at the character of the defendant, going at the character of the legal analyst, it seems to be a theme. is it effective? >> it is ineffective and something defense attorneys like mark geragos do all the time. bottom line when awe tack the character of the victim you are in trouble if even one juror identifies with this victim in any way. let's also remember in terms of the medical examiner testimony yesterday, renisha mcbride was five feet tall, five feet tall. this defendant has said there was this huge hulking figure. >> shot her from three feet away, too. >> shot him from three feet away he was so fearful of five feet tall. my mother was 4'11", that is a

tiny, tiny person, so this motion that he was acting in self-defense i think the defense is going to have a really hard time pushing that. >> you may have just sunk yourself, sunny. your mother is 4'11". true? >> that's right. >> are you afraid of your mother? >> absolutely. have you ever been around a small puerto rican mother? >> that was a favor, mark. >> thank you. >> i just took sunny down. >> why did you wake me up this early if you were going to do it? >> i heard you got the fresh haircut and wanted everybody to see it. it's nice. when you look at the litany of detail the defense put out there, there was a footprint, maybe there was somebody else, it was a shoddy investigation, there was 100 bucks in her pocket, prints on the door, you know, the alcohol and the marijuana. at some point does it start to look like you're throwing it all against the wall and hoping something sticks taken distracts the jury? >> no, not at all. in fact all of that goes to what you have to do if you're the defense is you create reasonable doubt. there is i would say a wealth of

reasonable doubt in this case that he had any intent to do anything except defend himself and they're going to keep coming back in the closing. remember, what they're going to come back to. he didn't go out seeking her. he didn't go out there with some kind of a motive to do her harm. >> he did do her harm. he shot her in the face >> he sat in his house and he never left the house. he was protecting himself, his home is his castle. that's that i'm going to predict it again, you can save the tape, they are going to, there are going to be jurors who identify with what's going to happen to me if somebody's banging on my door in the middle of the night, do i have to wait until they attack me or do i get to defend myself in my house? >> here is the basic burden of aal sis we have here. it is, i had an honest belief that someone was going to try to really hurt me versus i had an intent to kill. remember, this is a murder charge they're going after, sunny. do you think, because you keep bringing up the fact that he shot through the door. doesn't that kind of help the defense by saying i shot through the door, clearly i wasn't

trying to kill somebody. >> no, i don't think so, because it was a screen door. we have heard in the prosecution's case that the peephole was operational. he opened up the door, the screen door was locked. he had the opportunity to assess what was going on, we're talking about a five foot tall woman. i think that is where perhaps race comes into play, because he said she looked like a neighborhood girl, a neighbor girl. she's african-american. i think that his actions were certainly unreasonable, and i think it is -- >> were they honest? that's not the standard. standard here is honest. >> i think it's clear from the prosecution's case they were dishonest at best, especially because he first says accident, then all of a sudden he says self-defense. i want to mention this castle doctrine that we all know about. people know when they're in the sanctity of their homes, they can protect themselves. however, when you open up your door and shoot through the door, i don't know that any juror is going to believe that that, that

the castle doctrine extends to that. >> unfortunately, for the prosecution, the castle doctrine allows you, you've actually got to go, you can go to the outside of your house, the legal term in law school they used to teach us was curdling. you can protect any of your property and in this case, sunny -- >> there has to be a home invasion. there has to be a home invasion for you to be allowed to do this kind of thing. >> no, in michigan he has to have the honest belief that it was a home invasion. >> honest belief is a tricky standard, it's very different than reasonable. honest belief will be tricky. it will be interesting to see how that plays out. we have to leave it there. mark thank you very much. sunny's going to sue you because you disparaged her character on tv and i will testify against you. sunny, thank you very much for joining us. we'll take a break on "new day," a look back at 1968, one of the most important years in american history to be sure. we're going to speak to an author who offers a new look into that pivotal time.

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most political observers thought nix won was finished so he wanted to show the leaders of the republican party he was a winner. >> we'll inaugurate a republican president next january, thank you. >> media consultants worked with

him so he wouldn't be the sweaty nixon of 1960. >> i'm really the most difficult man in the world when it comes to a so-called public relations firm. nobody's going to package me. nobody's going to make me put on an act for television. if people looking at me say that's a new nixon, then all that i can say is maybe you didn't know the old nixon. >> that is amazing to see, a look at tonight's episode of cnn's emmy nominated series "the sixties" looking at 1968. in that year alone the year that dr. martin luther king jr. was assassinated, robbette kennedy assassinated, richard nixon elected president and so much more. joining us to discuss this is historian and author douglas brinkley, his new book "the nixon tapes" is a compilation of secret crucial conversations recorded by president nixon in the years following the '68 election. great to have you with us, doug. >> thanks for having me. >> when we think of the '60s it means a lot of things to

different people. one of the things the '60s means is turmoil. when we think of turmoil, that's 1968. was there one thing that set it off or was it a combination of factors? >> i think it was the tet offensive in early '68 in vietnam, where the vietcong and the north vietnamese were able to sack some of south vietnam, do damage to our embassy in saigon. it started telling the american people just starting the year '68 we weren't winning in vietn vietnam. it's a chain effect. the tet offensive happens and lyndon johnson in march goes on television says i'm not going to seek re-election because i'm so mired. then it becomes a free-for-all with utheen mccarthy and bobby kennedy starting to fight for being the dove candidate of vietnam and the tragedies, the deaths, as you mentioned, of bobby kennedy and martin luther king, and then the chicago democratic convention where everybody exploded and mayor

daley's place were beating people uhm and walter cronkite called them thugs, the police, on the air. there was a feeling everything was coming unglued. >> the pictures alone from 1968 so indelible and the turmoil military, social, political as you say. what held it together then over the course of that year or was it held together? >> well, richard nixon would say there was a silent majority that didn't like everything that was going on. he thought a lot of americans just wanted law and order, that they believed the civil rights movement went too far and all the hippie protesters had gone too far. there was a backlash to the change that was going on, and that's why, would would have thought in this tumultuous year nixon, the guy who was ike's vice president for two years, a guy nobody, everybody thought was politically dead, by the end of the year, nixon is the hero of the year, at least he won the presidency and so after all that tumultuous and you know, turmoil, you get nixon.

>> it's interesting, you talked about richard nixon, people think of watergate or think of nixon and china or maybe 1960, the race against john f. kennedy. don't always think about 196 but that is when he was elected president and in some ways, the turmoil of that year shaped what happened later on in his presidency. you've just written a book on the nixon tapes, which are extraordinary recordings of much of his time in office. we know that a lot of the recordings that richard nix wron made in the office ultimately proved his undoing, but there's one conversation i want to play for you right now, because it's pertinent to what's going on today, it's about the middle east and president nixon is talking about henry kissinger, his national security adviser and ultimately secretary of state and why he would not be the right person to try to negotiate peace in the middle east. let's listen.

it's fascinating to hear, i don't know if it's more telling about his opinion of the jews at the time or psycho-torturous relationship he had with henry kissinger over the years. let's talk about the tapes in general. why did he make these? >> johnson told him to make them because lyndon johnson had done some tapes but johnsons were controlled, it was on the telephone. nixon, after having a banner year in 1969, you know, neil armstrong went to the moon and his presence, he was quite popular and thought he was getting us out of vietnam and

'70 started going well, he created the environmental protection agency, people forget that. many other things. so by early '71 he said i'm going to document it all. i'll be like winston churchill and have a six-volume history of myself of my greatness. nixon never thought he was a petty politician like or a low-grade one like hubert humphrey or george mcgovern or nelson rockefeller. he thought he was charles de gaulle, a statesman that the world would look up to for a long time to come. hence he wanted all that material to later write books about it and also to use it as a grist against his opponents, if somebody said you did this in your policy, he'd say i have a transcript of it, but of course the courts wouldn't let him keep the tapes, and it's really been his undoing. >> posterity cost him. douglas brinkley great to have you with us. of course be sure to watch "the sixties" tonight, 1968, tonight at 9:00 p.m. eastern and pacific only on cnn, watch it live, set

your dvr. coming up for us next, a man loses perhaps one of the most valuable possessions on earth, a red sox world series ring. that's bad. but who found it? well, in some ways that makes it even worse. the man has his ring back. that is "the good stuff." we'll explain coming up. you're driving along, having a perfectly nice day, when out of nowhere a pick-up truck slams into your brand new car. one second it wasn't there and the next second... boom! you've had your first accident. now you have to make your first claim. so you talk to your insurance company and... boom! you're blindsided for a second time. they won't give you enough money to replace your brand new car.

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♪ feel it, we need the good stuff and we have it, a testament to doing the right thing and perspective on the best franchise in the history of the game known as baseball. imagine losing a super rare red sox world series ring, and i say super rare because there have only been eight for the sox as opposed to like 27 for the yankees. well, anyway, sox minor league club owner drew weber did just that, lost his ring, and he didn't just lose it, he lost it in new york. gets worse, the man who scooped it up, that's right, die-hard, hard core lifelong yankees fan, louie g.millitelo, yankee fan

and italian. >> that was written in prompter. >> i couldn't help noticing it was a red sox world series ring. i was like oh my god. >> i get a voice on the phone who answers something to the effect, "ahh, red sox fan, huh? red sox." >> so we have to speak slowly for the red sox fans. if the tables had been turned, who knows what would have happened. we all know what would have happened but yankees fans are americans and so militelo agreed to give back the ring for a big fat donation to the superstorm sandy relief fund, and it gets better. as a thank you for returning the ring, drew weber will take militello to fenway to catch the captain, derek jeter's last regular season game, and in the true pettiness of being a red sox fan he just asked that m