relaxation. to allow children to gain these tools. you're totally in control. to really face down so much of the fear, the anger that accompanies pain. breathe in. and you can see that light on their face. i feel like their souls are shining. >> hey! you did it! >> i do have the power to make the pain go away. and nothing is impossible. nothing. >> thanks again for being here. i'm ana cabrera and i'll see you back here at 7:00 p.m. eastern. smerconish starts right now. welcome to the program and thanks for joining me. i've got a packed show today, including this. cnn exclusive information on the many troubling questions surrounding the death of comedian joan rivers and a pro vasktive new theory. if you see something, say something. they tell us it can happen here

but fears of isis grow as the terror groups spreads its wings beyond the middle east. i'll drill down to what's real and what's not. and then yes means yes. a new standard on college campuses you've got to consent to have sex. what rush limbaugh thinks, and here's no surprise, a very different take from a young coed at ucla. let's get started. up first, this. roger goodell says he's not satisfied with the way he's handled the nfl's abuse scandals but doesn't think he should lose his job. >> have you considered resigning at any point throughout this? >> i have not. i am focused on doing my job. and doing the best of my ability. i understand when people are critical of your performance. but we have a lot of work to do. that's my focus. >> roger goodell has made $74 million over the past two years.

if the nfl were a public company, shareholders would demand action. so has commissioner roger goodell done enough or should goodell go? joining us now, coy wire, former player for the atlanta falcons and buffalo bills. thanks for being here. that's the question. should he stay or should he go? >> well, i don't think it's an option for him to go. the owners clearly stand behind roger goodell. he's made them billions of dollars. it's clear that he messed up. i think that the one thing that has to happen through all of this is that he has to relinquish his role as sole ash arbiter. i talked to him about developing a personal conduct committee. what i heard, that committee would be formed to create and revise the current personal conduct policy, which he hoped would be done by the super bowl. but when the question was asked, will you give up your unilateral control over personal conduct

issues, he said nothing is off the table. so i didn't hear what i would want to hear as an owner. certainly as a player. the one way that everything went wrong long ago during the last collective bargaining agreement with the players, when he decided to make himself the soul arbiter regarding personal conduct issues. i think that was a big mistake. that has to be changed. >> my takeaway from yesterday's presser was that he came to make no news. i take note of the fact this was afternoon press conference, east coast time. you don't want to make news, you know, you do a document dump on a friday afternoon. i thought there was going to be a headline. maybe the zero tolerance policy. but instead coy, my take it was away was he came to thwart or blunt the stories where is roger goodell, we haven't heard from him in quite some time. >> it's a great point and seemed to be a reactionary press conference. there were a lot of people calling for his voice. he had not been seen in far too long. and when he finally did speak,

you bring up an excellent point. he talked so much about what was wrong. what we already know. and not enough about moving forward. what is he going to do now? he talked about some of the things that could and may happen. but there was no definitive, clear solution to those problems. and how he plans to fix it. he's had plenty of time to think about it. i think a bolder statement could have been made. so i'm with you on the point that not enough was said. >> i note that there are a number of nfl alumni who are not afraid to speak out. you're here, we're having a candid conversation. yesterday i participated in a short dialogue with fran tarkenton and what about the current nfl players? do you think we have heard enough condemnation from them of the problems that now afflict the nfl? >> there are a few bold individuals, bold souls who have spoken out about it. whether it's through social media, which is better than nothing. i have spoken to a lot of players who are greatly unhappy with not only commissioner

goodell's handling of this incident, just using the ray rice as an example. that situation. but they're also unhappy that they have to be associated with that type of player now. they're unhappy about those individuals. i have to remind everyone, that's the few who do wrong and give everyone a bad name. current players and former players. i think the one thing that's getting lost in all of this is that the nfl players are being villainized and i think everyone needs to know that in every nfl locker room, 53 men on a rossro, there might be one despicable person. there may be ten jerks, but the rest of those guys on that team which is the majority on an individual team and collectively in the nfl are good guys. there are guys who are loving fathers, they care about their communities, they give back to those communities. they do and say the right things. most of the time. so that's the unfortunate part about this is the few individuals who are tainting

that nfl shield, all current players and former players, as well. >> i'm glad you bring that up. i'm actually going to speak to some of the data that is supportive of the observation that you just made. coy wire, thank you for being here. >> thanks for having me. we have to take a quick break. when we come back, i've got some information that you're not going to believe. i didn't believe it when i heard it. but we'll talk to a man who has done the math at the nfl and says nothing is quite as it appears. from threatened demonstration killings in australia to beheadings, isis has done a good job of terrifying us, but maybe we should be scared. you'll want to hear what a former police chief has to say. and sometimes no means yes. to rush limbaugh, anyway. i'll explain what i mean later in the program. don't go away. we'll be right back. are feelingd without standard leather. you are feeling exhilarated with front-wheel drive. you are feeling powerful with a 4-cylinder engine. [ male announcer ] open your eyes... to the 6-cylinder, 8-speed lexus gs.

with more standard horsepower than any of its german competitors. this is a wake-up call. ♪ this is a wake-up call. this is holly. her long day of outdoor adventure starts with knee pain. and a choice. take 6 tylenol in a day or just 2 aleve for all day relief. onward!

welcome back to the program. it's the summer of the shark for the nfl. let me explain that one. the video of ray rice decking his wife is appalling. the photograph of adrian peter son's son turned my stomach. and after being convicted of a judge of assault on a female and communicating threats, that's abh abhorrent. every day this week brought another headline. on wednesday jonathan dwyer was arrested on aggravated assault charges stemming from two incidents involving a woman and a child. so after this week's news, i'll bet you're convinced that the nfl is dominated by thugs and con convicts. but you would be wrong. last july when rice was suspended for a meager two games by the nfl, benjamin morris at espn's 538 blog took a look at violence in the nfl or by nfl players and he found that, to

quote him, arrest rates among nfl players are quite low compared to national averages for men in their age range. and what's more, he says there are some types of crimes that are less common among nfl players. in analyzing data sem belled by the "usa today" nfl arrests database, he concluded that, quoting here, although there seems to be an endless stream of stories about player misconduct, this is largely because there are a lot of nfl players, and they're famous at the league's peak during training camp, 2,560 players attached to the nfl teams. it makes news, especially now. take a look at 538's analysis. for the national arrest trends, morris used the bureau of justice statistics arrest data analysis tool to find the arrest rates per 100,000 for the male population in the 25 to 29 age

group, because this is the group most similar to the nfl as a whole where the average team age varies from 25 to 27 years old. so what did he find? that nfl players have much lower arrest rates than average. basically, across the board. morris found that the most common arrests among the general public are for drug related offenses and duis. the most common among nfl players is dui with assault a distant second. overall, nfl players' arrest rate is 13% of the national average. but look at the distribution of nfl arrests compared to national averages. as of the time of this tabulation which was july, there were 83 domestic violence arrests, making it by far the nfl's worst category, but still, that rate is only about half, 55.4% of what occurs in society at large. so what might explain the misperceptions? it's the summer of the shark in the nfl. you remember 2001?

during the 4th of july weekend, an 8-year-old name jesse arbagast was attacked by a shark and every subsequent week that summer brought news of more shark dangers until the events of 9/11 knocked that story from the headlines. but here's the kicker. there was no increase in shark attacks that summer, just an increase of coverage of shark attacks. joining me now to crunch all these numbers is benjamin morris of espn's 538 blog. benjamin, thank you for being here. a critic might say that these athletes are protected by the nfl or by police and consequently that's why when they have a scrape with the law it never gets reported, it never gets written up. >> pretty much two things you can tell from the data. and one is that at the very least they're not doing worse than the national average, but on the other, they definitely seem to be doing worse than similarly situated people in the national average. they have virtually zero poverty rate and yet city have reasonably high domestic violence arrest rate.

that's very rare. >> i was going to ask that question. domestic violence. how does the nfl, how do the member teams of the nfl, their players, compare to society at large, the 25 to 27-year-olds? >> like low lower than society at large. at the very least, certainly not higher than society at large. >> so oh do you buy into the idea that it's the media that oh -- there's a problem. one domestic abuse case is one too many. but has it occurred to you that the reason we're so fixated on this this week is because every incident out there is now being reported on, where we don't do that with 2500 plumbers, 2500 arc it tekts, 2500 talk radio hosts. >> yeah, i mean, that's a classic statistical fallacy to draw conclusions from the things that are most likely to be observed. so yeah, that definitely seems like a possibility. on the other hand, i think there's a chance that people don't quite understand the rate

to which domestic violence takes place in society as a whole. and would be shocked to find that it's just as common in the rest of society as it is in the nfl. so that can cut either way. >> benjamin morris, thank you so much for being here. >> thank you. >> we've got to take a quick break. when we come back, what killed joan rivers? cnn's susan candiotti has been digging into the story and has exclusive new details on it. and then i'll talk to a doctor who has a fascinating theory about the role celebrity may have played in her death. interesting stuff. stay with us.

looks like we're about to board. mm-hmm. i'm just comparing car insurance rates at progressive.com. is that where they show the other guys' rates, too? mm-hmm. cool. yeah. hi. final boarding call for flight 294. [ bells ring on sign ] [ vehicle beeping ] who's ready for the garlic festival? this guy! bringing our competitors' rates to you -- now, that's progressive. at t-mobile, get 4 lines for just $100 bucks. unlimited talk & text and now up to 10gb of 4g lte data. plus get the best trade-in value on you current phone guaranteed.

so what killed joan rivers? at first, it appeared her death might have been due to natural causes. she was 81 years old and under an he is these which does carry risks. susan candiotti has learned a lot of troubling details. susan, what have you learned thus far? >> hi, michael. back on august 28th, more than three weeks ago, we were stunned to hear that joan rivers was rushed to the hospital in critical condition after undergoing an en dosk me at yorkville clinic here in new york. she died a week later. since then all kinds of questions about what happened. these are details provided to investigators from staff at the clinic. according to our source. rivers is first put under anesthesia. then her own personal doctor

performs a later than gos co me. and then an endoscopy and he does notice something. now dr. corovin attempts to do a second laryngoscopy then she goes into cardiac arrest. our sources tell us that rivers' dr. is not certified at that clinic. staffers said they found no patient consent form. what's really getting a lot of attention is this. our source says staffers told investigators that rivers' doctor took a selfie while the patient was under anesthesia. now the staffer added that the doctor joked that joan would really get a kick out of it and think it was funny later. it's important to note that for now neither the clinic nor any doctors are being accused of any

wrongdoing, michael. >> is there any reaction from those doctors, susan? >> a source close to dr. corovin gave us a statement that reads in part, the doctor categorically denies the doctor took a selfie with joan rivers and categorically denies the allegation the doctor performed an unauthorized procedure. now her lawyer also gave us a statement that reads in part, dr. korovin is highly experienced, board certified, respected and admired by her peers and revered by her patient. she does not publicly discuss her patients. michael, investigations are going on, at least three of them, by the medical examiner, by the health department, and a federal agency that regulates medicare. so a lot of questions are unanswered at this time. >> susan candiotti, thank you so much. these new details raise a lot of questions, particularly about the way that celebrity medical care is handled. dr. elan singer is a new york plastic surgeon who says that joan rivers died of something

called vip syndrome and joins me now. the vip treatment. i would think that would be optimal. don't we all want the vip treatment snmplt? >> we all do, but as it turns out, it causes health practitioners to alter their routine and when they alter their routine, the end result is poor care. >> i know that when you were a surgical resident, you would get a phone call and they would say dr. singer, we've got a vip here who needs treatment. and you thought, what? >> at first, i didn't know what they were talking about. did they want me to change the way i normally treat my patients? but then it actually began to irk me and it was rather insulting. the bottom line is that everybody gets the same care. and because the care is first-class care. when you go around the country, routine care, it's generally first-class care. and so vips, the guy on the street, everybody gets the same care. >> so what i'm hearing you say is that there are routines for given situations, protocols,

that standard reasonable care that needs to be followed by a practitioner, and when you change the drill, depending on who the patient might be, you are actually putting the patient at a risk. >> that's exactly it. just like the faa with pilots and mechanics running checklists. >> dr. elan singer, thank you for being here. let's talk about the legal aspects of the case. joining me now, attorney lisa bloom, analyst for the legal advice site avo.com. lisa, react if you would to susan candiotti's report. >> it's very disturbing. the first question i have, did joan rivers give informed consent to every procedure that occurred when she was under anesthesia? that is our right as patients in the united states. if she did not sign the document, all those forms that we all have to sign when we go into surgery for every type of procedure, then clearly there was a violation here. there could be a malpractice case. and there could be criminal charges if there was negligence. i also want to know if the

doctor was supposed to be following the standard of care in that particular office, was supposed to be there, was certified. all those questions are not details. they're very important. and in this case, those may have been life and death decisions. >> help folks who are watching at home understand what does the standard of care mean in a case like this, and how will -- should there be litigation a plaintiff's lawyer attempt to establish what standard of care she was owed. >> the standard of care is what a reasonable doctor would do under these particular circumstances. we have an 81-year-old woman, a woman who i revered, by the way. i never met her, but i still feel the loss three weeks later. what a brilliant, hilarious person she was. but she was 81 years old. she used to talk about all of the plastic surgery that she had had. probably on her face and neck area. should she have even been in a clinic when there was surgery going on in her throat, when there were scopes going down her throat. or should she have been in a hospital? what would a reasonable, prudent

doctor have done in that situation? many doctors have said to me there is no way this procedure should have been done outside of a hospital. >> lisa bloom, thank you as always. >> thank you. and final note. joan rivers has reportedly left her $150 million estate to her daughter, melissa and grandson cooper. the "new york daily news" is reporting that melissa is putting her mother's manhattan apartment on the market for a staggering $35 million. listen to what joan rivers said about the place in that 2010 documentary "joan rivers: a piece of work." >> this is my apartment and it's very grand. this is how maria antoinette would have lived if she had had money. >> she was a fascinating woman, a terrible loss. i need to take a quick break. when i come back, fear of isis. we have heard all the horror stories, but also no reason to believe isis is operating here in the united states. so what's the truth? we're going to try to get to that in the next segment. stay with me. this one i got in belize. i was naked zip-lining with a man...

no.. no, no, we're fine, honey. this is good. this is great. i'm teaching her. (man) does this look familiar mom? (grandma) yes, i think this is it. can you really talk to cats? of course. (grandma) oh, the air. there it is... this is where i met your grandpa. right under this tree. ♪ (man) some things are worth holding onto. they're hugging the tree. (man) that's why we got a subaru. or was it that tree? (vo) introducing the all-new subaru outback. love. it's what makes a subaru, a subaru. people find out state farm does car loans as well as they do insurance, our bank is through.

good point. grab an edge. look there's two guys on the state farm borrow better banking sign. nope for real there's two dudes on the state farm borrow better banking sign. [ reporter ] breaking news from the state farm borrow better banking sign... we're seeing two men that have climbed the borrow better banking sign gentlemen please get down from the state farm borrow better banking sign. phil get the hose. okay he's getting the hose. alright, let's go. [ male announcer ] talk to a state farm agent about car loans that can save you hundreds. that's borrowing better. about car loans that can save you hundreds. who's going to make it happen? discover a new energy source. turn ocean waves into power. design cars that capture their emissions. build bridges that fix themselves. get more clean water to everyone. who's going to take the leap? who's going to write the code? who's going to do it? engineers. that's who. that's what i want to do. be an engineer. join the scientists and engineers of exxonmobil in inspiring america's future engineers. energy lives here.

purina dog chow light & healthy is a deliciously tender and crunchy kibble blend.

with 20% fewer calories than purina dog chow. isn't it time you discovered the lighter side of dog chow. purina dog chow light & healthy. virtually all your important legal matters in just minutes. now it's quicker and easier for you to start your business, protect your family, and launch your dreams. at legalzoom.com we put the law on your side. welcome back to the program. are you afraid of isis? their attacks are undeniably gruesome and designed to get maximum attention from beheadings in australia to their latest video. and their strategy seems to be working. the most recurrent cnn poll found americans don't think isis pose a serious threat to the u.s. 90% of us take the threat seriously. police are stepping up security in new york's times square.

but are we all wrong? nick gillespie says we shouldn't be scared of isis and he says we're playing into the terrorists' hands by overreacting. he joins us now along with bernard carrick, new york police commissioner on the day of september 11. he says the threat is real and that new york is prepared. nick, defend that statement that you think that this is an overreaction and we should not fear isis. >> yeah. the global war on terror as we have been fighting it for going on close to 15 years has always suffered from massive threat inflation. we blow up minimal risks into major catastrophes waiting to happen and act accordingly. the entire, know, kind of existence of the transportation security administration, i think, points to that. in particular with isis, isis is a threat to iraq and syria in the middle east. it is not a threat to the united states and that's something that both the department of homeland

security as well as the fbi say. and i really think by launching u.s. initiatives against isis and iraq and now in syria, we're actually working to internationalize isis' attention. it's been based -- it's called, you know -- it's called the islamic state in iraq and syria. not iraq, syria and cheboygan, michigan, for a reason. we're actually drawing their attention to the united states by going in there when there are militaries from places like iraq, iran, syria which has its own army, the peshmerga. the kurds doing well against a quarter of a million troops. those are the people who need to be fighting and containing isis in the middle east. not us pulling it into the u.s. >> bernard, to nick's point, it doesn't seem as if their goal is to establish a caliphate in indiana. >> no, he's right. you know, they don't. but here's the problem. we have anywhere, depending on who you listen to between 100 and 1,000 americans that have

now gone into syria and iraq to engage in some of the most savage and brutal behavior that i've seen since saddam was dethroned. those guys, these people are coming back here. they're going to come back to the united states and melt back into the communities like some kind of chameleon. isis has undoubtedly the best social media and communications network of any terror organization we have seen to it date. and it's getting better constantly. we have to keep on top of that. we have got to make sure that they're shutting down these sites that they're using. the twitter sites, the facebook sites. you -- as fast as we have been shutting them down, they're getting back up and running. and they are calling for attacks in this country, just like we saw the other day in australia. i believe that's going to happen. these people that are over there now, they're going to use their

american passports to come back to this country. they're going to get in through the borders that for the most part are not secure. and we're going to have problems internally. >> well, i share your concern. but i guess, nick, the worry i have is that by going over there, we are giving them what they want in terms of recruitment device, and we're actually increasing the odds of what bernard is worried about, what i'm worried about comes true. >> yeah. >> i agree with you on that, michael. i think that, you know, by turning this into a proxy war where america is involved, we're saying basically to isis that, yeah, you have a rationale for coming over here. and, again, none of this is to support isis. i have nothing but contempt for isis and i think bernie is right. these are savage, barbarous people that need to be taken care. to the extent there are americans that have gone over there and if it's 100 or 1,000, i think we should be able to rest assured that our national

intelligence administration, our security appear hat reduce, is tracking these people and keeping touch on them. that is the way that it always has to be. if you start doing drag nets and if you start overreacting, you're actually giving the terrorists exactly what they're looking for, which is instilling fear and terror through a population when there is really no call for it. we should be locating and identifying and tracking the people we know who are involved in isis who have -- the united states, and that's how we deal with it. >> bernard, has there been an overreaction insofar as police departments across the country have been offered war machinery since iraq and afghanistan and accepted it and now we're armed to the teeth in may berry, rfd. >> you know what, michael, it's almost like you're damned if you do, you're damned if you don't. the problem is, if we are not prepared for something in the future, then people will look back at these agencies and say you should have, would have, could have. at the end of the day, we have to be prepared. these attacks are going to

continue for decades to come, whether you call it isis, al qaeda, al shabaab or whatever. you name it. there is an extremist, radical muslim element that wants the demise of this country, and there are some here. there are many coming here. that fight is going to continue. and the u.s. law enforcement agencies have to be prepared for that fight. >> gentlemen, nick gillespie, bernie carrick, thank you for being here. we have to take a break. when i come back, i want to stay on this subject and talk about something i think is important. i think we're confused about the right way to fight isis, because we're not asking the right questions. i'll explain what i mean and i'll ask the right question of senator bob casey. you'll want to hear what he has to say, so don't go away. y rewa after a good workout so i give butch delicious milo's kitchen chicken grillers recipe dog treats. that's called inward facing dog. he could do it all day. milo's kitchen. made in the usa with chicken or beef as the number one ingredient. the best treats come from the kitchen.

[door be♪l rings] [phone rings] hello. introducing wi-fi calling. now every wi-fi connection works like a t-mobile tower. it's wi-fi unleashed.

big day? ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. (laugh) nice. doing the big things that move an economy. see you tomorrow, mac. see you tomorrow, sam. just another day at norfolk southern.

welcome back. congress has voted to approve president obama's plan to arm and train syrian rebels to fight isis. i happen to think we're not asking the right questions. too many conversation about american ground troops. the question we should be asking, is there a vital u.s. interest at stake? that has yet to be debated. much less voted on. listen to congresswoman tammy duckworth tick off the most important issues. and remember, she's an iraq war veteran. she is talking to kate bolduan on cnn's "new day." >> i can't trust the syrian rebels, kate. the i'm not comfortable with the

vetting process and i don't know how long this commitment is. the vote on wednesday was really just for a 12-week bill that would allow us to fund them $500 million for 12 weeks. and i feel like this commitment is far longer term and deserved more of a debate than the initial short-term debate we had. >> joining us is senator bob casey who supports air strikes on isis in syria. a fellow pennsylvanian. i appreciate the ribbon you're wearing in honor of the trooper we lost this week. >> michael, thank you very much. we just hope they find his killer. >> do you believe that the president has sufficient congressional authority, given the way you voted this past week and the way the house voted to execute the four-point plan he articulated to the nation a week ago wednesday? >> yes, i do. michael, i think he does. look, it really depends upon how you see this. i see this as anti-terrorism, that it's -- if we're going to be committed to having a

strategy to go after terrorists who bring harm to our people or threaten us, i think this is one of the places you have to go. i realize some people are not comfortable with that. but i think he does have the authority he needs. i wouldn't rule out, though, michael, and i think it would be healthy for the country and for congress to have a debate about the broader question here, which is the authorization for the use of force, not just for this president, but for any president. >> and that's where i'm going, senator. i would be less than honest if i didn't say i was disappointed that americans will go and close the curtain on a ballot booth in six weeks without really having a clear answer to where their representatives stand on the fundamental question of should we be, are we at war with isis. isn't that the kind of declaration that needs to be made? >> well, michael, i think that in this case, you have a -- what i think is a clear threat to us. it may not be proximate, it may not be immediate. but there is no question that

isis is a threat to us and to the region. and i think that carries with it the responsibility to go after them. and that means, in my judgment, pursuit, even if that means going into syria to bring the fight to them. i do think, though, that the country is in the midst of a debate about what we should do. that's why the recent debate is important. the vote we had on one aspect of the strategy. the so-called training and equipping of the well-vetted elements of the opposition was important. but i do think there's going to be a constant and should be a constant debate and evaluation as this goes forward. and that's going to play out every candidate running, and i'm not running this year, but the candidates running are being asked these questions by the media and by their constituents. and that's why that's part of the debate. but -- >> you may have heard me say at the outset, senator, there's been so much conversation this week about ground troops. any time there is reference to

ground troops, it spurs conversation, general dempsey had something to say that caused a lot of conversation. help me understand what exactly is the vital u.s. interest. i get the syrian vital interest. i get the iraqi vital interest. what's our vital u.s. interest? >> i think the main vital interest, michael, is a question of terrorists and terrorism. what are you going to do in response to that? and i don't think, unfortunately, the way that this is often debated in washington is kind of one extreme to the other. do nothing, which is unacceptable, or have something like an iraq style ground troops or combat troops on the ground, 140,000 when the president came into office. this is nothing close to that, nor should it be. but i think the fundamental question for a lot of the american people, and i think for members of congress is what do you do in the face of terrorism? what do you do on 9/ 12 going forward? and i think we have to be very, very aggressive. we showed already that when we

were aggressive and assertive and unified as it related to al qaeda, we were able to bring a great harm to them. and al qaeda is not the entity that it was a number of years ago. they're not wiped from the face of the earth, nor will they ever be, probably. but these threats are going to arise. it just happens to be now, isis which is, i believe, a combination of a terrorist organization and an army, even though they don't have a state. they're trying to get a state. and it's also a criminal organization. >> senator bob casey, we appreciate your time. thank you, sir. >> thanks, michael. when we come back, it used to be no means no. now student on the nation's campus have a new standard of affirmative consent before having sex. yes means yes. but some people think that's going too far. including rush limbaugh. and we'll tell you why. next.

welcome back to the program. it's a time-honored phrase on campuses across the country. no means no. but as washington pushes colleges to take sexual harassment seriously, state legislators in california have adopted yes means yes legislation, a standard of unambiguous consent among students engaging in sexual activity. would it surprise you to hear that rush limbaugh sees nothing good about that. listen to what he said on his radio program this past monday. >> how many of you guys in your own experience with women have

learned that no means yes if you know how to spot it? i'm probably -- let me tell you something. in this modern world, that is simply -- that's not tolerated. that would not -- people aren't even going to try to understand that one. it used to be a cliche. used to be part of the advice young boys were given. see, that's what we've got to change. we have got to reprogram the way we raise men. so now notice -- why do you think permission every step of the way, clearly spelling out why -- why do you -- all these lawsuits just waiting to happen. >> joining us now is savannah botalich who founded 7,000 in solidarity, a campaign against sexual assault after she was assaulted by a fellow student. savannah, many want to know, how does this work in practical

terms? >> well, essentially, it's when two people come into a sexual encounter, they start asking for consent throughout the experience. it's not as though you have someone sign a contract or you stop intermittently. you can make it very sexy. consent is sexy. so you can ask, may i go further, may i do this to you. it can be fun. and i think that he's taking it a completely different direction. >> can it also stifle what would otherwise be good sex? >> no. not at all. i mean, good sex is consensual sex. nonconsensual sex is rape. and so we need to be very clear about what good sex is, and it should be healthy, consensual, and needs to be reciprocated. if it's reciprocated, it's good sex. >> i understand what's intended by yes means yes. but in the end, aren't we still left in those uncomfortable cases with a he said/she said? >> yeah, that's not going to stop just because sometimes when

survivors go and report their sexual assault, they may not have the evidence, because they waited a while before they felt comfortable and empowered. so it will be word on word. and that will continue happening. now, that's also not all that this consent bill does. it also promotes a more supportive environment for survivors to come out as survivors. they don't feel stigmatized. >> what if you're in a relationship and you've gotten those checkoffs and you've had sex with your partner and now you're back a week later or you're back a month later? is consent nevertheless required in that followup instance? >> yeah. consent is not assumed if you're in a relationship or in marriage. i mean, that's -- a relationship should never be assumed consent. so no matter what sexual it activity in any sexual encounter, you need to ask and see if someone wants to recipro indicate. >> savannah, thank you so much for being here. >> yeah, it thank you. >> let me get a different perspective from the princeton mom who urged young women to

find husbands while on campus. she is princeton alumna susan patton and joins me now, author of "marry smart." what's wrong with the idea of saying that silence doesn't necessarily falcon sent? >> there are so many things wrong with it. it doesn't prevent sexual assault at all. it creates a whole another set of problems as if the dating paradigm on college campuses isn't bad enough, now we're adding another veneer to complications between young men and women. and the idea that you have to get consent at every point -- how do you demonstrate consent? presumably, there are two people in the room. i'm going to say she said yes. how are you going to prove that she did or that she didn't? >> so did rush get it right in the way he arrest it particularlated his objections? >> in theory -- his concept is right. but as ever, the way he put it forward is, you know, even more briskly than the way i would put it. so i think it's even more problematic to even think, to

allow government regulation of consensual sex, and that's really what we're talking about, with this yes equals yes law, we're now allowing government to regulate, to legislate consensual sex? >> savannah is on a college campus. i asked her if it stifles good sex. her argument is actually enhances it. >> no, it does not. no. consent is not what makes it sexy. good sex is sexy. not consent. consent, the -- can i do this, now can i do this, is a buzz kill. it's a mood kill. no. it is certainly not sexy. and i think that, you know, people have to be respectful of each other. they have to be smart about how they interact with each other. we know what that seductive slow dance toward intimacy is. we all know that. and i think so much of this is just a manifestation of that antagonistic feminist grievance machine that is just hell bent on perpetuating an atmosphere of fear and mistrust.

>> susan patton, next time don't hold back your opinions. i don't want to sit here and wonder what you're thinking. >> i keep it to myself, as i always do. >> susan patton, thank you very much. when we come back, the pen is mightier than the sword. a man who took on politicians on both sides of the aisle armed with only his pen and a sharp sense of humor. tyle. why not your eye color? new air optix® colors prescription contact lenses enhance your eye color for a naturally beautiful look with consistent comfort. find your perfect color and get a free trial offer at airoptixcolors.com. find your perfect color and get a free trial offer ♪ [music] jackie's heart attack didn't come with a warning. today her doctor has her on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack be sure to talk to your doctor before you begin an aspirin regimen.

with the top speedou compare of comcast the top speed of business dsl from the internet... phone company well, there's really no comparison.

why pay more for less? call today for a low price on speeds up to 150mbps. and find out more about our two-year price guarantee. comcast business. built for business. before we go, i want to take a moment and pay tribute to a sharp witted commentator on politics and american life. you probably never saw him on a cable tv show. you probably never even heard his voice. he epitomized that old adage that the pen is mightier than the sword, because tony ott's pen was his weapon. he was a cartoonist who for more than 30 years at the "philadelphia inquirer" found dark humor on main streets across the country. tony ott died of brain cancer

this week at the age of 72. but the work he leaves behind is just as sharp today as it was when he first set pen to paper. take a look at this cartoon from april of 2013 commentating on brain injuries in the nfl. and this one from june of this year on america's involvement in iraq. and in his acceptance speech for the herb block prize, named after a cartoonist, tony said this. >> not to amuse our readers. it is to stir them and inform them and inflame them, to hold up our leaders, unaffected by professional spin meisters and agenda pushers. and when those of us who are derisively called members of the reality based community are under relentless attack from both the left and the right, we must encourage and our work must reflect independent and nonideological thinking. >> political car tooning is a

lost art and tony was one of the best. he'll be missed. that's it for today. if you miss the program, don't forget to set your dvr. thanks so much for joining me. you're in the "cnn newsroom." hello, i'm ana cabrera. thanks for joining me. tonight a new disturbing isis video showing the moments before a mass killing. but it is the voice that has u.s. intelligence officials most concerned. what could be an american voice. listen. >> and we're here with the soldiers of bashar. you can see them now digging their own graves in the very place where they were stationed. they said that we abandoned the fronts and stopped fighting to turn our guns towards the muslims. they lie! the lying!

the flames of war are only beginning to intensify. >> right now u.s. authorities are running vocal and facial recognition to try to identify this isis militant who appears to be in a position of power. this information coming from cnn's justice correspondent, pamela brown. meanwhile, the battle against isis rages on in northern syria. hundreds of kurdish fighters from turkey have arrived to help fight the terrorists who have recently taken over. about 60 kurdish villages. and isis has just released 49 hostages, including diplomats who have been held captive since being abducted at the kirkish consulate in mosul in june. it's not clear just yet what the conditions of this hostage release were, but the turkish government says it was in direct contact with isis. and now i want to read you a new statement we just got from the family of british citizen, allen henning, the aide worker whld hostage currently by isis