scale back as the protests taper off. >> this is one of the first businesses that was torched last monday night just moments after darren wilson was announced that darren wilson would not be indicted by a grand jury. and the question is, is one man responsible for all this damage? [ bleep ] [ bleep ]. >> this explosive reaction to the nonindictment of former ferguson police officer dils ar wilson is under investigation. police want to know if michael brown's step father incited the crowd to riot with these words. michael brown's mother explained the emotion behind the outburst in an interview with cnn legal analyst. >> he just spoke out of anger, it's one thing to speak and it's a different thing to act. he did not act. >> investigators have not spoke ton head and no charges have been filed. >> remember, there's people in

the crowd that decided to burn down those buildings and i'm not so sure they wouldn't have burned down those buildings without urging from mr. head or others. >> the national guard is scaling back its presence in ferguson, since protests have gotten smaller. but businesses are still reeling from their losses. >> how angry are you? >> well, it doesn't help, you know, i'm mostly disappointed by the authorities, because last, twice, two times, the governor said that we'll take care of that and the third time, they said we'll really have a national guard here and there's nothing to worry about. and they didn't do their job. >> the destruction prompted this response from former nba player charles barkley. >> there's no excuse for those people to be out there burning down people's business. burning up police cars. that serves no purpose. >> there's also a dispute as to whether officials from the st. louis rams apologized to local police following the hands up don't shoot demonstration by

several players at sunday's game. st. louis county police chief john belmar sent an email to his staff said the rams chief operating officer called monday to apologize, rams say that's not the case. however talks between the police and the team are set to continue. and a little bit of perspective when you look back at the night louis head's comments, the night right after it was announced that darren wilson would not be indieted. there were two different locations where most of the rioting and the damage was done. at this location where the vast majority of fires were set along this stretch of west florissant avenue, this was several miles from where louis head was on that night. this is where i was and i can tell you many people on the street that night had no idea those comments had been made that might be an issue that plays into this case as it moves forward through the legal system. >> that is important context, ed lavendera, thanks so much for

that. let's talk about charles barkley. he is known for not shying a away from talking about race relations and he is defending his comments about ferg son and his reaction to the grand jury's decision, he sat down last night with cnn's brooke baldwin. >> let's begin with the news of the day that michael brown's step dad is being investigated for saying eight different times, burn this b down the night the grand jury decision was made public. he's being investigated for inciting a riot. do you think that is fair? should police be pursuing that? >> i think under the circumstances, this has been an awful incident for everybody and i think that, that just clouds the discussion. >> what about all the walkouts and all the protests and you've definitely caught some flack from -- >> i don't do social media. and i don't sit around and watch what everybody think about me. >> the scum bag comment. respond to that?

>> when you're looting people's property, that's what you are. that's against the law. it's not your property. you wouldn't want people to do it to your house. >> do you think that we would be seeing all of that had this been a black police officer? had darren wilson been black and all the facts remaining the same, we would still have a slain 18-year-old, would the outrage be there? >> no. because we have a racial issue in this country. we've always had a racial issue in this country. and the biggest problem with it is, we never discuss race until something bad happens. we never have meaningful dialogue over a cold beer when things are going good. but what happens is, everybody, when something bad happens, everybody has a tribe mentality. everybody want to protect their own tribe. whether they're right or wrong. >> what do you mean right or wrong? >> we all got bad characters in their group. my grandmother said you judge

everybody on their own individual merits, you don't care what any other jackass has to say. black is not always right and white is not always wrong. let me say this the notion that white cops are just out there killing black people is just flat-out ridiculous. and i challenge any black person to try to make that point. this notion that cops, cops are actually awesome. you know they're the only thing in the ghetto from between this place being the wild, wild west. >> let me go back to the notion of white cops killing black people. what about the case we're waiting for the results to come down from the grand jury for eric garner. i mean it's one thing in ferguson, there's some audio, but you see the video, you see the cops surround him. and he ultimately, it was a homicide. he died. >> i don't think that was a homicide. i don't think that was a homicide. >> it was a chokehold, you see

it. >> i think the cops were trying to arrest him and they got a little aggressive, excessive force, something like that. but to go right to murder -- what the cops are trying to arrest you, if you fight back, things go wrong. that doesn't mean, i don't think they were trying to kill mr. garner, you know? he was a big man, and they tried to get him down. >> all right now what charles barkley says often resonates and certainly these comments have. the question is, is it positive or negative, let's bring in mark lamont hill, professor at moorehouse college. huffpost live editor. does charles barkley deserve criticism for what he said? >> absolutely. anyone who says that deserves it, not because he's charles

barkley. >> why? >> because i think it's not new answered. to call people jackasses, to dismiss the looters out of hand is problematic. can you condemn bad behavior, but it's too simple to say that. and his defense of the police to me was puzzling and bizarre. >> let's unpack it. he called looters scumbags, why is that wrong? it's an ugly word. it's not a product i have word. when you talk about that segment of the population, not the protesters, but who just took on straight criminal activity. why should they not be condemned roundly? >> i think there's a difference between calling someone a scumbag and saying i wish they had made different choices. it's a little bit different. >> would you be saying i wish they had made different choices or would you call them scumbags.

>> i stood in ferguson, bullets whizzed past me. i still made the same claim i have right now. i felt the brunt of what happened. >> so he says cops in general are awesome and the ghetto they're the only thing that keeps it from being the wild, wild west we have to be careful in these discussions not to demonize all cops, right? they are very useful but you bristled when he said that, why? >> because it goes back to the dehumanizing piece. black people are savages and animals. only thing stopping black people from murdering each other is the presence of police. he seems to have this huge defense of police and not the same of vulnerable black people. it's riots, it's unrest. it's all that stuff that has us talking about michael brown. oftentimes black people die at the hands of law enforcement. it's the uprisings in ferguson that made us talk about it. yet somehow, charles barkley can rationalize choking garner. he can defend police in

ferguson. not this. >> i want to talk more about eric garner. first another point on the table that often gets ignored. it's okay what barkley says because he's black and that's a lot of the cover he gets. if i went on tv and said those things, i'd have a long day in the boss's office. barkley will not. is it object that he's black and that's why he gets to say these things? >> black people have a variety of opinions and i want to hear all of them. i think it's instantly they constantly go to charles barkley for commentary on things like that he can offer an opinion that can't be offered by mainstream white people, even if it's the exact same opinion. no one goes to john stockton or chris mullen and said i wonder what you think about isis. >> is he a lead anywhere the black community? >> he's a role model, despite whey said in the past. he's someone people look to and admire. i don't know that people look to him for political leadership.

>> eric garner, the case you could argue has been overshadowed by ferguson. it goes to the heart of the michael brown killing of what is feared most about police in certain communities. but eric garner. there's video of it. they take him down, there's a choke hold, a big issue for grurt whether or not it was a homicide. charles barkley nailed a very subtle legal point. >> accidentally. >> i don't know. brooke says what do you mean, you see him get choked. he said i don't think it was a homicide. homicide is a death caused bay person. the issue before the grand jury, will be whether or not the cops actually killed him or whether his heart did. what do you think happens if there's no indictment in eric garner's case. >> i think you see more of what we've seen. more unrest. i'm not saying more rioting, but more unrest. >> why? >> i think black people are tired. >> of what? >> of dying at the the hands of law enforcement. sometimes police are in

legitimate danger. >> you could argue michael brown was a bad case to hang the issue of whether or not cops are unfair to blacks because of the assault at the car, you know because of what happened before the shooting. is that a fair argument to make? >> i think michael brown is actually the perfect case. think too often when it comes to black death we need the perfect case, we want the perfect shoot, the kid who has never been suspended, the kid with no weed in his system. there's a long history of that in the civil rights movement. we don't need perfect cases, we need cases that say no matter who you are, whether you steal a cigar in the store, whether you may have been inappropriate with a cop at one moment. it's not a lethal offense. that's the point and that's why michael brown is such a telling case for me. professor mark lamont brown, thank you for being on. we've been told by authorities in new york we could get a decision in eric garner grand jury today we'll stay on it. now to a tragedy in

knoxville, tennessee, a deadly collision involving two school buses, police say the school buses were traveling in opposite directions when one crossed the median and struck the side of the other bus, leaving three dead including two young girls, cnn's martin savage joins us live from the cnn center in atlanta with the latest. >> well federal investigators, the ntsb has been dispatched to help in the investigation to answer that question -- how in the world could something like this happen? the images are horrifying, two buses, full of elementary school students, colliding on a tennessee highway. one, rolling over left mangled on its side. the other, completely caved in from the front. >> it's a horrible tragedy. you know, our hearts go out to these family who is have lost loved ones. >> police say bus 44 was traveling east taking children home from school. when for some unknown reason it made a sharp left turn, crossed the median and slammed into the

other bus traveling west. the impact flipping bus 57 on its side, sending it sliding down the highway. two young girls and one female adult aide on the bus were killed. parents and relatives, feeling helpless. >> i'm sick worrying about those little kids being hurt bad. >> one of the bus drivers and at least 22 more children were treated for injuries. >> we just ask the community to pray. for the loss of lives. >> now the two schools that have been impacted as a result of this terrible tragedy are both going to be closed today. counselors have been brought in for any of the student body who needs them. >> thanks so much for the update. other news to tell but with michaela. >> happy wednesday, let's look at the headlines, breaking overnight a pair of car bomb attacks overseas, a blast near the gates of the international airport in somalia's capital of

mogadishu. al shabab has claimed responsibility for the attack which is said to have targeted a u.n. convoy. six people killed following an attack in yemen outside the residence of the iranian ambassador, he was uninjured. so far, in that attack, no group has claimed responsibility. iraq is now disputing reports from lebanon that officials there have detained the wife of isis leader abu bakr al-baghdadi, iraq's government says her identity does not match either of al-baghdadi's wives. these revelations cast doubt on whether forces are closer to catching the terrorist leader. former pentagon deputy ashton carter will be president obama's choice to succeed chuck hagel as defense secretary. in the meantime, we are learning that chuck hagel defied the white house, refusing to hold

off his resignation announce. for a week after he realized he was being forced out of a job. former nfl player and current league executive troy vincent getting choked up at a hearing on domestic violence, recounting his own experiences. >> i relate to the 20 million victims. survivors of domestic violence. sexual abuse in every community across our great nation. >> representatives of the major sports leagues and the players unions were grilled by lawmakers, vincent telling the panel the nfl made a crucial mistake with its initial two-game suspension of ray rice on his arrest of domestic abuse. recounting his own story of he and his brother watching their mother being beaten. you can tell it's impacted that man. >> it hits close to home for many people. >> it's no the a sports story, it's a story of what goes on

entitle culture at large. extreme wrr eather is back heavy rain and mudslides in california. >> out east, conditions are improvi improving. temperatures are on the rise, d.c., 60, when yesterday they had temperatures in the 30s. so it looks so much better out there. you can see it's the front making its way through. so the low that was here yesterday is now exiting out of the region. we're looking at another cold front kind of pushing through, bringing some light scattered showers throughout the area today. so there's this cold front. now let's see what comes in behind it. high pressure, by thursday, it's the nicest day of the entire week. it was behind it, comes another low that's going to make for a soggy mess in through the ohio valley, mid-atlantic and the northeast by the time we talk about thursday, friday, saturday, even sunday. we will be talking about showers. the one plus side we have the outlook for the next several weeks is everyone is going to be seeing above-normal temperatures at least normal so we kind of paid our dues for the

early-portions of winter. now it will start it feel better, we're starting to get more into winter. here's the story everyone has been talking about. out west we've been seeing heavy amounts of rainfall, record amounts of rain san francisco and los angeles yesterday. all things total tapped into some of the subtropical moisture. yesterday you saw these two areas very close to each other. today the low is pulling away. we look for conditions improving. until then, we still have a day of one to three inches of rain expected. definitely not a good story for floods, the threshold is high. another revelation in the bill cosby scandal, a new accuser claims of comedian sexually assaulted her back in 1974. when she was just 15 years old. we have the new details of her lawsuit next. and air bag company takata, defying safety regulators, ignoring demands for a nationwide recall. the question is obvious -- why?

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bill cosby facing a lawsuit from another woman claiming he sexually abused her. but there's a big difference -- the alleged victim says she was only 15 years old at the time of the assault. jean casarez joins us with more. that's a fundamental distinction, both legally and practically. >> good morning, let's start with the facts here according to the complaint. complaint was filed yesterday. late at superior court in los angeles, california. 1974, that's 40 years ago. the alleged victim right now is 55 years old. her name is judy huff, she is alleging sexual battery, intentional infliction of emotional distress and anything jegt infliction of emotional distress. she was 15 years old and she and

her 16-year-old friend were at a park in san marino, california and who was there? bill cosby, he was filming a movie. they went up to meet him. he said how about next saturday you come to my tennis club. she says they went. he took them to a house where billiards were played and he forced her, according to the complaint to drink one beer every time he won a game of billiards. from there he said i've got a surprise for you. he allegedly took them to the "playboy" mansion. she says at that point she had to go to the bathroom. he took her to a bathroom from master bedroom. when she returned, he was sitting on the bed. there she says that he sexually molested her. now, chris, here is the issue -- this was 40 years ago. the question is hasn't the statute of limitations run in all of this? but they cite law saying that there is an exception back in 1974, they state that if you reasonably don't realize the injuries that are happening to you. but within the last three years

you realize there's psychological injury from that sexual molestation, can you bring the suit. >> noe no matter how much later the three-year period is? >> within the last three years is according to the law. so it doesn't cite here of when she realized there was psychological injury to her. >> that's going to be the space that they litigate on. but still -- >> they'll say she should have known. she knew the facts so clearly. she should have known she was injured. >> i want to bring in brian celter and joey jackson is here, hln legal analyst and criminal defense attorney to dig through this. brian, okay, this is the first case, a lawsuit that we've seen since the one he settled with andrea constand. do you think bill cosby has to address this? >> the gravity is different. it's hard to imagine before yesterday something worse than we had already heard. but an accuser who was 15 at the

time takes it to a place different from before. it's interesting to me we heard nothing from cosby's attorney overnight. they've been aggressive about refuting and attacking. >> words are one thing, a lawsuit is another. >> words are one thing, lawsuits are another. and just so happens that on this same evening where this lawsuit was reported on, we did see bill cosby tweet for the first time in weeks. just three words, he wrote thank you whoopi goldberg. she has been one of his few defenders in the media. maybe it's an unrelated subject. >> he has not publicly addressed this. >> i've got to think every time we hear from another accuser, it puts more pressure on bill cosby to talk. i asked his publicist last night. any plans for an interview? i got no reply. >> i think we need to dig through some of the legal stuff. joey, this is kind of curious when we hear jean lay out all of the accusations, 15 years old, proceeded to sexually molest her by putting his hand down her

pants, i can't even talk about it. this is upsetting, does this take things to a different level for you? >> it's a problem legally michaela. good morning to you, good morning brian and let's lay out the legal problems and the practical evidentiary problems. from an evidentiary perspective, understand that statute the limitations are there for a reason. generally they're imposed because people get faulty memory over time. you want to impose some statute of limitations so the evidence and the proof are fresh, so that it can be litigated in court and there can be some finlty and closure. and now if you look at the evidence or the proof, you certainly need witnesses, you may need physical evidence and so in cases where there is proof, that's not stale, they're hard enough to prove. when you go back 40 years, that could be a major concern. particularly when you're talking about someone who was 15 and her friend 16 at the time. now the legal problems, michaela, are these -- the legislature in california did amend the statute of limitations in 1990. and in that amendment, they said

you know what we're going to give you eight years from your 18th birthday when you're 26, to file a civil suit or we'll give you three years from the date of discovery. but that date of discovery, michaela, is very difficult and here's why, generally when you're filing a civil suit, talking about the date of discovery. say there's a foreign object in your body and you have no basis to know at the time it's there. you discover it now you move forward with a lawsuit. the practical problem here is that the issue will be, certainly she could have and should have discovered it. predicated upon the facts. now i'm not making any claim that i know what happened. i don't know. but just from a legal perspective, to make the argument that she discovered it 37 years later. because remember -- it happened 408 40 years ago. what she's saying is she now, 38 years ago, within three years, discovered there was a psychological causal connection between bill cosby's conduct and between her intentional infliction of emotional distress. his intentional infliction.

>> do you think it will hold in california, this lawsuit? >> having evaluated the laws cited in that particular lawsuit, i do not believe so. i think that bill cosby's attorneys will make a motion to dismiss. it's called a motion for summary judgment and legally based upon the law, again the facts are one thing, but based upon the law, i think it's highly problematic and it's likely that the lawsuit will not stand. >> there's the legal aspect. back to you, brian. is there a place where, it seems this is put more gas on the fire, if you will. is there a place, is there a way that he can address these allegations now? is there a safe place? is there a place that he could go and somehow make his case? >> there certainly, any number of interviewers would love to talk to him about it let me get to what joey has talked about on the program before. legal advice versus pr advice. >> talk to me about your aspect. >> the pr point of view would be to have him out there and share his side of the story.

otherwise we've heard none of that. i would understand legally that would be a big risk. >> who would do it? >> i think could you see a barbara walters sort of interview, which would be his side of the story. where he could, where he could express the emotions about what he's gone through in this experience. without maybe going into all of the cases. but i've heard of none of those interviews actually in the works. >> not likely to happen, michaela, because his attorneys will say, don't say a word. >>ky imagine. i can imagine he's getting that kind of pressure. >> maybe whoopi goldberg. >> i've got to end it there. alisyn? japanese air bag suppliers are caught up pushing back on u.s. demands for a nationwide recall of potentially dangerous air bags. fireworks on the agenda when both sides appear at a house hearing today.

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welcome back to "new day," here's a look at the headlines, a showdown is brewing today on capitol hill. as embattled air bag supplier takata faces off with u.s. regulators. the company defied government dpands for a nationwide recall of air bags that may contain a fatal flaw. takata says it will instead implement a four-point plan to handle the issue. our rene marsh is line in washington with more. >> michaela, i should tell you just in a few hours from now a

second round of grilling will be going on on capitol hill for the japanese manufacturer of the air bags. that explode and shoot metal shrapnel causing injury and in some cases death. but the headline this morning takata, the maker of the faulty air bags is digging in its heels, it will not issue a nationwide recall of certain driver's side air bags. u.s. safety regulators are urging a nationwide recall. they say the company's inaction is disappointing and it puts drivers at risk. one car safety group estimates that this impacts some 20 to 25 million vehicles on the road right now. the situation was that kata was faced with a midnight deadline to comply to agree to fix tens of millions of additional cars. instead, the company says it will leave it up to the automakers to decide whether to expand the recall. if you remember, this recall has been limited to high humidity areas. takata believes that humidity is

what actually triggers the defect. >> back to you, michaela. >> rene marsh, thank you for that. multiple law enforcement agencies have michael brown's step father in their crosshairs, they're investigating whether or not louis head tried to incite a riot. his lawyer claims this was an emotional reaction with no intent of inciting anything. the national guard has now started pulling back its presence in ferguson. an american teacher, american school teacher has been stabbed to death in abu dhabi. killed monday in a public rest room at a mall. we're told her attacker remains at large. a statement from the abu dhabi interior ministry said the woman was a 37-year-old american with twin 11-year-olds, they're now in the custody of police until their father arrives from abroad. we're told the embassy is aware of that situation. here's president obama perhaps like you've never seen him before. the first-ever 3-d printed

presidential portrait. you can see the president smiling surrounded by 50 custom-built l.e.d. lights and a team with digital cameras in order to get that image. then a 3-d printer carved out the likeness of the president. it will be on display at the smithsonian. what do you think? >> wow, those 3-d printers are crazy what they can do. >> the texture of his hair. look at him. inspecting it. what do you think? >> very cool. very cool. the technology of it is very cool. rendering? that's up to the president, if he likes it, that's up to him. those are very personal things. big question this morning on the international front. is a woman detained in lebanon really the isis leader's wife? reports of this big get may not be true after all. we have the latest on that and why she matters, coming up.

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is it a case of mistaken identity or confusion? officials in iraq now disputing claims made by lebanon that they captured the wife and son of the leader of isis. also this morning, we're getting our first look inside the raging battle for kobani. cnn's senior international

correspondent nick payton walsh traveled inside the syrian town where coalition forces have been battles isis for months. nick joins thus morning from near the turkey/syria border and also joining us is senior international correspondent nic robertson. nic robertson, let me start with you. talk about the confusion about abu bakr al-baghdadi's wife, was she captured or not? >> my sources, the sources we're using that are close to the operation in lebanon continue to say yes they have baghdadi's wife and the 4-year-old son. and they say that baghdadi has called himself to try 0 get his son released. what both our sources in the region are telling us is that this was a long in the planning operation. that it was at the conjunction of efforts by the iraqis, the syrians and the lebanese intelligence service, this woman was a high-value target in her own right. she is a significant player inside isis.

no surprise that we should hear a day later from iraqi authorities saying that no, this is the not baghdadi's wife. once intelligence agencies are involved in these sorts of things, it is normal for there to be a level of dissembling, a level of off fuss indication, a level of confusion. why? we don't know. this is the bottom line and perhaps we will never know. >> iraqi officials deny they had her. wouldn't this be a big get? >> it is a big get. this is what we understand. it's difficult to say at the moment, going to the sources we're talking to. why the iraqis are taking a different position to the position that the lebanese are taking. at the moment. again, we may never find out those reasons. it would be a big get, because potentially if she's still actually lives physically day by day with baghdadi, then she would have potentially useful

information. how many people around him. how many guards, how many different houses does he use, all those sorts, all those sorts of vital details that can help any operation to capture or kill him. so it would be huge. but we're very unlikely to hear anything about what she actually says, she's been held now for over a week and we're only just finding out about it. >> nick payton walsh, you have just returned from a very dangerous assignment inside kobani, syria, tell us what you saw. >> it is remarkable to get a first-hand look, alisyn, at a conflict we've only been seeing in the past few months from the hills inside turkey that overlook it. it is devastated. it's hard to open your eyes to any part of it without seeing the sheer brutality that isis bombardments and coalition air strikes have wrecked on that particular town there are civilians trying to live there in some numbers, we went to one key eastern front line. in fact, in the company of

female kurd fighters, the commander of that unit was a young 22-year-old girl called media. we could see where coalition bombs had devastated huge numbers of buildings there, isis dead still left where they fell. a smell of decay frankly in that area hard to stomach at times. but these kurdish women still holding the fight there and trying to keep isis back. from returning from inside there, more of that city is in isis control than i had been led to believe by kurdish statements from the outside. it's sort of i think most people say about 40%-50% in isis hands, it's remarkable to hear the intensity of the fighting inside there, alisyn. >> nick, it looks like there's been an apocalypse there. we know you'll be showing more of your incredible reporting there. really the first western look of what is going on inside kobani

on cnn today and the days ahead, great to talk to you both. let's go back to chris. in related news, president obama is set to tap his replacement for chuck headachele. but ashton carter never served a day in uniform. does that matter? is he qualified? will he get confirmed? more importantly that goes to the politics of it. we discuss. (woman) the constipation and belly pain feel tight like a vise.

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the house is preparing to vote on a budget bill that would fund most of the government through next fall. but it would not fund the department of homeland security. that agency of course would be carrying out president obama's executive orders on immigration. let's discuss. we have cnn political analyst and editor in chief of the "daily beast," mr. john avalon and republican consultant margaret hoover. why is this an acceptable tactic, to not fund things that will invariably hurt that which you supposedly care about? >> unfortunately, against the backdrop of the alternative, which is not funding any of the government -- >> that should not be the alternative. >> you're absolutely, if i were in the house of representatives, i wouldn't be voting to shut down the government. but i'm not. it turns out you still have this

element of 50 republicans in the house of representatives that are, called crazy caucus by my beloved. that actually need, they have a lot of frustration about the president's executive action on immigration. they need to vent it somehow. this seems to be the center path that boehner has been able to strike. >> isn't that what therapy is for? >> they're not shooting down the government. let's be very clear. shutting down the government. >> it's a continuing resolution to fund one portion of the government, the homeland security department through march. i don't think it's a good tactic or healthy budgeting policy. the only way they've managed to strike a deal in order to move forward and not impede what they have as goodwill going into the next session. >> listen, i mean first of all, what could possibly go wrong? not funding dhs, politically and practically, this is about the dumbest idea you could possibly pursue. it shows how much john boehner

and the republican leadership still is enthralled that crazy caucus, they got to go through this kabuki. they know they can't shut down the government. they got to go through the symbolic vote. the dhs exemption could have a real impact. >> we're having in our 8:00 hour a congressman on who sponsors this bill about reversing somehow the president's executive action. i understand that it's symbolic. they can vent their frustration that way. >> exactly, is this therapy or is this government? this is so incredibly stupid. if the congressman admits this is symbolic therapy, he should cry into a pillow. he should be in a different -- >> in the house he could get the votes in the house. >> to what end? i mean seriously, why the hell do we go through these exercises? is it governing or grandstanding? is he going to admit it's just venting, call him on it. >> the shame is that there are a lot of issues the american

people want to see a new republican senate and house addressed together. energy, education, the economy, and this has the runs the real risk of slowing down that momentum as you go that january. >> it sends a message to the people who put new there that your promise of we're going to get things done -- >> get the government working again, is not doing it. here's another thig you don't want to shut down right now given the fact of all the unfriendlies we have in the world, which is defense secretary. do you think they will stonewall on putting in hagel's successor. >> i predict that john mccain who will lead the armed services committee will have a very colorful hearing that will not at all make ash carter's nomination to defense secretary troubled. >> do you think they'll put up a vote for it? >> they will absolutely vote for him. some hawks see him as an ally in the defense department. he supported beefing up the nuclear arsenal saying we should have preemptive strikes against north korea. he's seen as an ally in the

defense department by somebody who has tried to protect against the sequestration, against the across-the-board hits in the defense department. this is an individual who i think john mccain is likely to see as a real ally. the issue in the hearings is going to be more about how the president has made decisions in the defense department. how he has made decisions in his wars, whether he is going to listen to the defense secretary at all or just to his insular set of officials in the white house. that's the real criticism with this president and i think mccain will use the hearings to examine how the president has made decisions on national security. >> john, why do so few people want the job of defense secretary. >> it's kind of stunning for the leader, most complex powerful organizations in the world. had you three leading contenders say thanks but no thanks. but this is sort of a classic second-term appointment this is along the lines of william perry in clinton's, the guy behind the scenes has been getting it done. the number two to pin etta and hagel is now ascending, he is

likely to get an easy vote through the senate. there will be tons of grandstanding and slamming on the president of t. >> who wants to be in charge of fighting in a country that doesn't want to fight and there will are more and more bad situations all around the world. >> it's public service and it's not optional. >> the criticism of the president is that nobody wanted the job because they didn't think they'd actually have real authority to influence foreign policy, policy-making because the president is making those decisions at the white house -- >> the president is the commander-in-chief. >> not just that he's commander-in-chief, but those decisions are being made twees the nsa adviser and a close cadre of inner circle advisers at the white house and cabinet-level secretaries, defense department included have been cut out of the decision making. >> wasn't that leon panetta's complaint? >> from the georgia mafia under

carter, to the inside w's white house this is a common complaint, but in this administration in particular, it's been one that the secretaries of defense have said the decisions are being made in the white house. >> i fundamentally disagree with that characterization. when you have a government and president that's at war you listen to your defense secretary and you listen to your generals and listen to the people who knows what's going on. to suggest that karl rove had any decision-making over defense policy. is counter to what we know at the time. president bush listened to rumsfeld until he stopped and then he was fired. when you're a commander-in-chief running a war, that's how bush ran his white house and how bush ran his defense department. so none of this, i really just think that you're m

mischaracterizing how the bush white house ran the war. >> the way the president obama has run his wars is remarkably different from his predecessor. >> fair enough. >> i say same car home today. take it as progress. >> we're going on a family trip. >> even better. >> tension is fine in white houses and regular houses. >> that's fine. >> john avalon and margaret hoover, great to have your perspective. there's a lot of news for you, so let's get to it. >> we all spoke out of anger before. >> did the step father of michael brown intend to start a riot in ferguson? >> it's one thing to speak and it's a different thing to act. he did not act. >> another grand jury weighs whether to indict another officer. >> people have a right to protest peacefully. and we will respect that right. >> bill cosby is being sued in los angeles. >> this takes it to a whole new

level and not a positive one. >> bill cosby has to come forward and say something. good morning, everyone, welcome back to "new day," alisyn camerota here with chris cuomo. this emotional outburst you're about to see caught on video could land michael brown's step father in legal hot water. he was yelling in the aftermath of the grand jury's decision not to indict darren wilson. now investigators are looking into whether louis head incited a riot and whether he could face criminal charges. >> people in ferg son will be seeing less of the national gua guard. because things are quieting down. the fbi has arrested man who allegedly threatened to kill darren wilson. cnn's ed lavendera is in ferguson following everything for us. >> this stretch of road that we're on here in ferguson was one of those areas that had been shut down by the national guard. in a sign that things are starting to improve. the roads even here in the darkness are wide open.

>> this explosive reaction to the nonindictment of former ferguson darren wilson is under investigation. police want to know if michael brown's stepfather louis head possibly incited the crowd to riot with these words. michael brown's mother explained the emotion behind the outburst in an interview with cnn legal analyst. >> he just spoke out of anger, it's one thing to speak and it's a different thing to act. did he not act. >> investigators have not spoken to head and no charges have been filed. >> remember there's people in the crowd that decided to burn down those buildings and i'm not so sure that they wouldn't have burned down those buildings without urging from mr. head or others. >> the national guard is scaling back its presence in ferguson, since protests have gotten smaller. but businesses are still reeling from their losses. >> how angry are you?

>> well, it doesn't help, you know. i'm mostly disappointed by the authorities. because last, twice, two times, the governor said that we will take care of that and the third time, they said we'll really have a national guard here. and there's nothing to worry about. and they didn't do their job. >> the destruction prompted this response from former nba player, charles barkley. >> that's like them jackasses who are lotting, those aren't real black people, those are scumbags. real black people, they're not out there looting. >> there's a dispute as to whether officials from the st. louis rams apologized to local police following the hands up don't shoot demonstration by several players at sunday's game. st. louis county police chief john belmar sent be a email to his staff saying the rams chief operating officer called him monday it apologize. the rams say that's not the case. however talks between the police and the team are scheduled to continue. and chris, in perspective there

on the video of michael brown's stepfather. that location where he made that outburst was in front of the police department here in ferguson. that is several miles away from where we're standing. this was, these were some of the first buildings that were set on fire. about the same time that that outburst was happening several miles away. so that is probably something you're going to hear. if it does come that louis head is charged, you're probably going to hear that from his side in his defense, that how could he be held responsible for something that happened several miles away about the same time. >> ed, i remember well, your reporting from there and i was standing very close to where mr. head was when he said exactly what they have him on video saying. we'll see what happens. let's bring in neil bruntrager, an attorney. the st. louis rams, come out, do the hands up don't shoot gesture. i want to talk to you about why you think they were doing it.

why this kerfuffle with the police about whether or not they apologize. why are the police spending tile on this tit for tat. why are they doing this? >> i don't know, chris, i think it's enough that we came out and said look, we don't like it. the reason we don't like it is look, we don't for a moment challenge their right to make such a statement. the problem we have is we think it's based on a false narrative, unfortunately, that false narrative has become the brand for what has happened since august 9th so we've got to get used to it, chris, that's what we're going to continue to see. again, just because it's become the brand doesn't mean we have to say we accept it. >> it also show as mindset about how you want to move forward that i think is drawing criticism, right? >> well yeah, but keep in mind we as an association, the policing community has made every effort in the world to come out and talk to people. people don't want to talk to us right now. i don't think people should mistake this for the fact we don't want to talk. these are conversations we need to have.

we need to talk about race and community relations, we need to talk about training and those conversations are conversations that need to take place now. they needed to take place ten years ago. but again, this brand that we're concerned about, the false narrative we're concerned about shouldn't be what defines us, that's what we're saying, you have a right to say it, that doesn't mean i have to like it or agree with it as a brand. i think we're stuck with it, though, chris. >> you understand it's not just about the mike brown shooting. it's been adopted about the concerns across the country, yes? >> sure, of course i do. and so does the rest of the department, there's no doubt about that. >> when you say it's a false narrative, you're construing it very narrowly to what happened with mike brown and your reckoning of the facts as we understand them in that case. how is it a false narrative even with respect to mike brown? >> because it relies almost totally on the testimony of dorian johnson, he is the cyb single-most discredited witness. >> you know the witness sheet

and the spread sheet. >> sure? >> is it true that 16 witnesses said he had his hands up. and two said he did not? >> in some, well, no there were more than two that said he did not. >> no, no, this is really important. people keep getting this wrong. 28 witnesses, 16 said hands up. two said no hands up. the rest either weren't asked the question or didn't have a responsive answer for the panel. isn't that true in. >> i don't dispute your math, chris, you and i both know as lawyers that have been in a courtroom, you don't rely on the testimony of eye witnesses alone. you have to overlay over that testimony the physical evidence. and the physical evidence supports the fact he did not have his hands up. >> and the grand jury exonerated. that's the end of the discussion. but in terms of was officer wilson wrong or not, you have to respect the process. however, the don't shoot hands up, there's plenty of reason to believe that michael brown had his hands up at some point. he may have lowered them, he may

have charged, those were all questions for the grand jury, not for us. but that's not really a false narrative, that's not a lie to say hands up, don't shoot. >> it is a false narrative to the extent that what this represents is the fact that they claim that michael brown stood there and basically was executed. we know that that's not the evidence. you can't take that position. when you look at the blood spot, which is 25 feet from his body. that tells you that he was coming back in the direction of darren wilson. the grand jury has spoken, chris, you and i both agree on that. and that's where we are. and i'm not telling you, i'll not telling you that i don't understand that people have accepted the brand. it's convenient. and i understand that that is now the symbol that we're going to have to live with and we are. but that doesn't mean that we can't make that same statement, as police officers, and as police associations that say look, we don't want to be defined by that act. because we don't think that act took place. beyond that we have to have the conversation. >> understood. you don't want to be tone deaf, either. >> no, i don't.

>> and you have people out there who think they're supporting the police by saying hey people who put their hands up and say hands up, don't shoot, that's based on a lie, you don't want that out there. i would argue it's intellectually dishonest, if you're calling it a brand, i wnt wouldn't call it that, it's a metaphor for concerns of policing in communities that lead to conversations that you say we should have and aren't having yet. fair point? >> that's the word you choose in terms of brand and metaphor, we know that words matter based on the news we're hearing, so yes. >> do you hope can you move past this arguing over whether they should have their hands up and why they feel necessary to make this demonstration? >> yes, i think we already have. at this point there was a single gesture, i think we've made that gesture, we need to move forward. that's all. >> i appreciate you being forward. because you wear two hats, you're darren wilson's lawyer and you represent the brothers and sisters in the police in st. louis and that's going to be the most important component moving forward.

thank you very much, council, appreciate it. thanks, chris. there's potential for growing unrest in new york city today, a grand jury could decide whether to indict an nypd officer who put an unarmed man in a chokehold. eric garner died after repeatedly saying i can't breathe. police in new york say they are at the ready, hoping to avoid the chaos that consumed ferguson, missouri and alexandra field is following the latest for us. >> ferguson and new york city are different places, these are different cases, but we know the outrage can come to the surface anywhere. maybe it's more likely to in the wake of ferguson, so police here are already planning to step up the presence in areas where they feel demonstrations could be likely if a grand jury decision coincides with the city's annual tree lighting ceremony at rockefeller center, you'll see a stepped-up police presence there. after the fury in ferguson, new york city leaders trying to stop potential violence here as another grand jury weighs whether to indict another

officer. >> people have a right to protest peacefully. and we will respect that right. but if we think public safety is compromised, the police will act very assertively to address that problem. >> july 17th, eric garner died after confrontation with new york city police. a bystander catches it all on video. first, officers approach him on a staten island street for allegedly selling loose cigarettes, then a group of officers swarm him. >> don't touch me. don't touch me. >> garner tells police not to touch him. he puts his hands up and is wrestled to the ground. repeatedly the 43-year-old tells asthma tells officers, he can't breathe. >> i can't breathe. >> new york's medical examiner ruled the death a homicide caused in part by chokehold. a tactic barred by the nypd. the autopsy concluded asthma, obesity and a heart condition were contributing factors.

there's been public outcry in the form of peaceful protests over the use of force. but it's up to a grand jury to decide whether officer daniel panaleo will face charges. the video shows him with his arm around garner's neck. last month the officer testified before the panel for more that two hours. >> i like new yorkers to be patient. the grand jury has been diligently listening to evidence. and we await their decision regardless of what the decision is. there will be some demonstrations. >> no justice, no peace. no justice, no peace. >> we're expecting to hear a decision from the grand jury sometime this week. part of the preparations is that new york city police officers actually travelled to ferguson, they were there to share information about professional agitators and learn what they could about what was fueling the protests there. they're hoping to apply some of that intelligence here should we see the protests erupt. >> some of the most crowded time in new york city with all the

tourists and the christmas season. >> tree-lighting tonight. >> we'll see what happens, thanks so much for that reporting. there's more news, let's get over to michaela for it. >> why start with this, breaking overnight, al shabab has claimed responsibility for a blast near the mogadishu airport in somalia. four people have been killed in that attack said to have targeted a convoy from the african union. in the meantime, six people were killed and a dozen others injured in yemen following an attack outside the resolution dense of the newly appointed iranian ambassador. he was not injured in that attack. back at home, a horrific school bus crash. that has killed two children and an adult in knoxville, tennessee. police say the two school buses were headed in opposite directions tuesday when one bus made a sudden sharp left turn. crossed a concrete median and hit the side of the other bus. we're told the ntsb has joined the investigation. today officials with air bag

maker takata head to capitol hill for a hearing about potentially deadly defects. takata defied u.s. regulators ignoring a midnight deadline to expand the recall. federal officials say the flawed air bags can explode and hit passengers with shrapnel. takata laid out a four-point plan to research, issue and replace air bags. major league umpire dale scott is making history. the 29-year veteran has revealed he is gay in a magazine interview. it was published in october, but just picked up nationally. scott is the first openly gay active official in the four major sports. in the interview scott says major league baseball has long been aware of his sexual orientation and has been supportive of it. the supreme court will hear a case that could affect the lives of millions of women. peggy young sued her employer, u.p.s., claiming that the company discriminates against pregnant women. young says u.p.s. refused to temporarily reassign her so she could avoid heavy lifting when she became pregnant.

the company placed her on unpaid leave. young said she lost her health benefits and her pension. u.p.s. has announced new policies to address the issue and those will start next month. >> that's an important one. >> it really is. >> she lost her health benefits. >> and her pension and was ununpaid leave. how are you supposed to survive month to month without that check? a new bill cosby accuser coming forward this time with a lawsuit. she says she was 15 years old when she was allegedly sexually assaulted. why her claims could be the biggest legal test yet for cosby and his reputation. and is this the so-called bourbon summit? an oval office icebreaker between the president and incoming senate majority leader, mitch mcconnell. john king has details on "inside politics." maybe even a simulation.

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magazine. hackett. mel, number one there's a lawsuit and number two she was 15 years old. let me read a portion, according to radar online. this was just filed. it is a bit graphic i want to warn you. let me read it to you. when plaintiff emerged from the bathroom, she found cosby sitting on the bed. he asked her to sit beside him. he then proceeded to sexually molest her by attempting to put his hand down her pants and then taking her hand in his hand, and performing a sex amount on himself without her consent. again she says she was 15 years old, mel, when this happened. is this a civil lawsuit or a criminal lawsuit, mel? >> these are great questions, alisyn and good morning to you. this is a civil lawsuit. and one of the reasons why it's a game-changer is because they only have to prove by basically 51%, not you know like you kind of weigh the facts and is it more likely than not that he committed these allegations. you're also talking about a

situation, alisyn where he's going to have to be deposed. we saw this in the paula deen case. so he's going to be compelled to go to a lawyer's office and answer questions for days on end. which is also very problematic. one of the reasons why this is also a civil lawsuit, alisyn, is because they're attempting to meet the requirements under the statute of limitations. and the statute of limitations. >> this happened in 1974, so what are the statute of limitations civilly? >> i looked at it and it's kind of tricky. in a civil case, it's generally about two years after the injury. however, in these kinds of cases where it's an alleged sexual abuse against a minor there are two different potential statute of limitations. one is, eight years after your 18th birthday, which would place it at 26. meaning her statute of limitations is already run. however, there is an exception that says, that if you can prove

that you only realized the extent of the injuries happened due to the sexual molestation, you can file a lawsuit three years from the date you realized it. and in the complaint, if you read it carefully, she says something interesting. she says, i only recently realized the extent of the psychological damage caused by that. why does she say that? because she's trying to meet the bar for this statute of limitations exception, alisyn. >> larry, you were at "people" magazine for 16 years. part of the time at the helm. you have seen major celebrities fall from grace and then rehabilitate themselves. what are bill cosby's options here? >> well, in many ways this lawsuit is the best thing to happen to him from a pr standpoint. >> how so? >> the expectation among journalists is this he cannot comment. he's been pressured by ap and other news organizations to say

something. everybody knows once someone is sued they simply say, there's a lawsuit, i can't speak about that. that said, if any of this has any appearance of being true. this is the first of many lawsuits, other people are going to come forward. remember these allegations range from the 1960s, to 2005. when there was a lawsuit and he settled. so the pressure is just enormous and building and building. >> we have spoken to many of the alleged accusers here on "new day." so you believe that now there's a groundswell and that this will provoke others to have the courage or gumption to then take some legal action? >> we wrote a story in 2006 that had five women in it. it now has 18 women. i think it's going to snowball. there's going to be more cases of this coming forward and people will feel empowered. including some of the women you have had on the television show, to take action. >> what happenes if cosby remains silent? is that the best defense? at some point the women have do move on. >> i don't know if it's the best defense. but "people" magazine and other

magazines wrote about this. this was out there. this is not a completely new revelation. people didn't want to believe it. the bill cosby they show as cliff huxtable was immune to that thing. there will be people judged by the fact he appeared in florida a week ago to a standing ovation who won't believe it he's got to hedge his bets and figure out there are a certain amount of people who won't believe this i'm going to stick by them. there are other people i'm going to sacrifice. >> there are a couple of hollywood actor types, whoopi goldberg has been vocal on theview in defense of them and jill scott tweeted a couple of things. she said i'm respecting a man who has done more for the image of brown people than almost anyone ever. from fat albert to the huxtables, that's the common refrain. people don't want to believe that bill cosby was capable of this. >> this is a man who sold them jello. who reshaped the idea of what an american family an african-american family can be.

they don't want to mess with that. so whether or not these two things can exist at the same time remains to be seen. >> mel, do you agree with larry that this is the tip of the iceberg and we'll see more legal action from some of the women who will decide what to do? >> i do agree with him. we saw 13 jane doe will listed as witnesses. >> not only can he be compelled via deposition which we saw with paula deen and then all the leaks that came from that. but also, you've got other women that are going to pile on. whether they bring their own lawsuits, remains to be seen, alisyn. >> mel robbins, larry hackett. thanks so much for all the information. this feels like something is about to happen, particularly today with this lawsuit. we want to let you know we've reached out to all of the parties for comment, but have not yet received a response. we want to invite your comments, can you find us all on twitter. over to chris. here's a question -- should the president have gone to

ferguson? would that have helped? the move not to go is drawing fire and john king has a look at it. coverage that's smaller or less reliable when only one network is america's largest and most reliable 4g lte network: verizon. off fuss indication with xlte, our 4g lte bandwidth has doubled in over 400 cities. and now, save without settling. get 2 lines with 10gb of data for just $110... ...or 4 lines for just $140. and get a $150 bill credit for each smartphone you switch. only on verizon.

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. here's a lock at your headlines, police are investigating the actions of michael brown's stepfather following the announcement that officer darren wilson would not be indicted. ferguson erupted into chaos. the question authorities are asking -- did louis head intend to incite rioting in the st. louis suburb with this reaction? his lawyer claims it was an emotional outburst, not planned. power back on in detroit.

following a huge blackout tuesday that closed schools, forced evacuations, even trapped people in elevators. the aging power grid in detroit has been run for decades by the city's public lighting department. however, decades of delayed maintenance have led to frequent outages. a $200 million, four-year upgrade is currently under way in hopes of avoiding similar outages in the future. the wife of a maryland man serving 15 years in cuba is begging toor his release. five years after his arrest, judy gross says her husband, alan is in poor health and will not make it another year. her words come a day after the state department renewed calls for cuba to free gross. the former state department subcontractor was arrested for bringing satellite communications equipment into cuba. well, it is beginning to look a lot like christmas. an 88-foot tall minnesota spruce

was lit. completed its 30-plus city tour before arriving in d.c. a special kid flipped the switch to turn the lights on. a 10-year-old battling cancer. his name is aaron urban, he wanted a special christmas and he got it in d.c. >> it makes it the more beautiful knowing that story. >> love the tree lighting. it does set off the whole thing. the heartwarming festive feeling. >> is john king wearing jingle bells on his shoes today. >> how will we find that out? >> there's not very much elfen about him. let's get to him on "inside politics." john king, can we look at your shoes? you got a shoe camera there? >> when we get closer to christmas i'll get more into the holiday spirit for you. in my festive. new york city looks great at christmas time, i always love coming to the city. but d.c., cherry blossoms and christmas, the very favorite time of year, capital with the

tree. we'll swap, i'll go to new york, you come to d.c. >> no thanks. >> all right. great, thank you, alisyn. let's go "inside politics," it's a big day even though it's supposed to be december here in washington. with me to share reporting and insight, tamara keith of npr and nia malika henderson of the "washington post." the bourbon summit. mitch mcconnell has been the republican leader next year he'll be the majority lead nert united states senate. this is the third time just the third time these two men will meet one-on-one. it will be an oval office meeting. the president trying to get to know the republican leadary bit better. important when we get to 2015. listen to mitch mcconnell yesterday saying he thinks since the election, president obama with his actions on immigration and other steps is not listening to the voters. >> if you're look at the way the president has reacted to what could only be described as a butt-kicking election by any objective standard, the president got crushed in this

election. i've been perplexed by the reaction, since the election as sort of in your face, dramatic move. to the left. >> this is a good way to -- curtain raiser, a good way to set tone for the meeting. i get it from the republican perspective, they think we won the election big and the president takes the action on immigration. but the president had promised he was going to do it. >> this had been his promise all along. he had said in the summer then he quickly did it and he's done all of these other things. it will be interesting to see what that conversation is like where there is middle ground. it doesn't seem like there's any. maybe the hiring heroes act which they laid out in one of their op-eds, boehner and mcconnell, but even you know they're talking about a trade deal. they're not a lot of democrats who are behind the trade deal. not a house of republicans are behind the trade deal, either. so it's hard to see where they come together. >> so it, are we looking for anything big here? i was checking in with folks on both sides who said don't look for any announcements today or in the near future.

what are we looking for if we don't think both of these guys have pressure. the president has pressure on the left. we've seen both speaker boehner and mitch mcconnell facing pressure from those constituents saying shut the government down. is this just a getting to know you? >> i think they haven't spent that much time together so perhaps they should get to know each other. and it is after lunch so bourbon could be an aappropriate beverage. mitch mcconnell coming out of the big win said he wanted to get something done. they need to govern. the only way he gets something done, is if he can do something that president obama supports or that, so they actually have to have a meeting of the minds on some level, if, if president obama wants to pad his legacy and if mitch mcconnell wants to get something done. >>-day think at the same forum, he has said this other times, mitch mcconnell made an interesting point to watch going forward. he was talking about how to deal with immigration. he said bust it up into pieces. most things health care,

immigration, comprehensive. i think you see from leader mcconnell an effort to say why don't we try some things incrementally, to see if we can get step by step as opposed to doing it all at once. >> they talked about it last year, you know as well. doing something more small ball and piecemeal. the house republicans didn't want to move on that, either. maybe something, you know they seem to be admitting they're not going to be able to repeal obamacare, maybe they'll do some small fixes. the folks in the white house seem to think that mitch mcconnell is the adult in the room. feel like he's a reasonable guy, some of the deens dooels thals , given vice president biden was the person making the deals. they do feel there's some room there. >> the only question left for the senate is the number, will it be 53 or 54, that will be settled this weekend when mary landrieu, the democratic incumbent from louisiana has the run-off against republican bill cassidy. most people think cassidy will

win and win in a walk. at the last minute there's has been effort by mary landrieu. reaching out to the president saying help me turn out african-american voters. too little, too late? smart? >> i think can you get every black voter in louisiana to come out and vote for mary landrieu. they were 30% of the electorate this last time. 94% voted for her. the problem is, she got 18% of the white vote. that's not enough. and that's been the problem of the southern democrats over the last really 50 years almost. >> and in the early voting that's come in, democratic voters have dropped off as have in a big way, african-american voters. these are the people she needs. if she has any hope at all. which -- she probably doesn't have that much hope. >> great political analysis. that's exactly, that's about right, actually. if you're mary landrieu. voters sometimes surprise us, but that one looks like it's a done deal. i want to show you pictures from the house of representatives floor yesterday. another symbolic protest, this by several members of the

congressional black caucus, another symbolic protest in favor of what's happening in ferguson. michael brown and his family and the protests, we saw the gestures, we saw it by the st. louis rams during the football game. this is america, you have free speech rights, you have rights. whether you disagree or agree. this is a symbolic gesture, you wrote about the substance of what the president has been trying to do. you made the point he's trying to strike the right balance. >> yeah, that's right. i don't think you know any expectations for instance that he go to ferguson, give a big race speech. he probably isn't going to do that. not clear that that would even help. this isn't a president who has thought that talking about racial tensions really does anything. so he's opted to go incremental approach. everyone is talking about body cameras now, six months ago i don't think most people knew what body cameras on police were about. so he is doing this small ball

approach and i think cbc has a roam to play, protesters have a role to play and as president he's walking a very different line and can use whatever levers and bully pulpits he has to make a difference. >> might get a broader support in congress for some of the physical steps, new rules for transferring military equipment, body cameras, maybe some training? >> i think that's what he's going for. i think when he was waded into race, it hasn't always gone well for him. and i think that he is being cautious. the congressional black caucus can get out there. and can be fiery and say these things. president obama feels he has to be more cautious. >> one of the topics at the white house briefing yesterday was some of the qualifications or questions about the qualifications of some of the president's choices and we get this is every administration. to serve as u.s. ambassadors overseas. two were confirmed yesterday. one to argentina, the other to hungary. one has not only raised a lot of money for president obama, but her other qualification -- listen to josh earnest here

responding to a question about her qualification being she's a soap opera producer. >> she certainly is somebody again that is has had a her own distinguished private-sector career. >> as a soap opera producer? >> as somebody who obviously has succeeded in the business world. and she is somebody that the president has confidence will be able to maintain our relationship with the government and the people of hungary. >> that was colleen bell at issue there, there were questions if she understands the vladimir putin situation. and another man who is about to be the ambassador of argentina, never been there. >> there was at the confirmation hearing a year ago at this point. that was just terrible where he had to admit he hadn't been to argentina. and senator john mccain, who sort of took it upon himself to just expose, just the lack of

knowledge of the countries of these people will going. >> i offer myself up, alisyn as we get back to new york, i'm going to find a small island with a beautiful beach, rum drinks and umbrellas that i've never been to and i offer myself up. i can't make any political contributions so i don't think i'm going to get the job. >> ambassador to board, fiji? >> never been to fiji, so you're on, you got it thank you, madam president. >> you're welcome. john, great to see you. all right another top story we've been following, the university of virginia under intense scrutiny over its handling of sexual assault scandal we'll speak with a reporter from the student newspaper, about whether students think enough is being done. [ male announcer ] are you so stuffed up, you feel like you're underwater? try zyrtec-d® to powerfully clear your blocked nose and relieve your other allergy symptoms... so you can breathe easier all day. zyrtec-d®. find it at the pharmacy counter.

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g?góéj÷ç÷ç i'm just looking over the company bills.up? is that what we pay for internet? yup. dsl is about 90 bucks a month. that's funny, for that price with comcast business, i think you get like 50 megabits. wow that's fast. personally, i prefer a slow internet. there is something about the sweet meditative glow of a loading website. don't listen to the naysayer. switch to comcast business today and get 50 megabits per second for $89.95. comcast business. built for business. the chair of the sexual misconduct board at university of virginia is dean mccoal eramo, under fire after the "rolling stone" article which detailed stories of rape at the university and talked about how the university does or does not deal with those allegations. however, the dean is getting

support from a very unlikely source -- a victim of rape. listen to ha she told cnn's don lemon. >> one of the things that i think is detrimental that's come out of this article in some ways is that dean eramo is being criticized for doing what quite frankly is the first page of the advocacy handbook is giving people options and not coercing. we can have a conversation about how deans of students and the officials in that capacity should handle these cases. if we want them to be advocates or we want to contract out. but she did advocacy best practice. >> katherine valentine is a reporter for the "cavalierer daily" and a student at the uva. she interviewed the dean at length in october. katherine, great to have you on the show. your interview was really the only look we've gotten at the dean, her tone, her disposition and her answers and substance about this. do you think it is fair to blame the dean for the procedures of

the school in dealing with this? >> absolutely not. this issue is so huge it does not come down to one person. or two people. and i've said this before. but this is not a problem that is specific to uva. i think that uva has a real opportunity here to come out as a leader. especially in policy. i think uva has a real opportunity to set the tone for how schools should handle sexual assaults. but no, this does not come down to one person at all. >> even not just to single someone out. but in terms of what the dean did in these situations, what does your reporting reveal? did she do the right things? doe people feel she was supportive? >> i conducted the interview in septemberth and i've had quite a bit of time to think about her responses. i was clearly surprised in the video, but i think that her comments really show that there is, it is very difficult to protect the rights of students

who are accused and to help victims through the process and i in no way doubt that is a difficult, difficult process. but i do think that her responses show that the policy itself is confusing. and i think that the board deserves to establish a zero tolerance policy to show they think it needs to be little more clear. >> one of the distinctions is when is something student conduct and when is it criminal behavior for the police and not the school to deal with many institutions wresle with that. let me ask you this. the school paper, you're going to have an advantage doing the reporting here. any new information about any allegations? any holes being poked in what "rolling stone" came up with? >> i don't think that uva journalists are poking holes. but i do have a couple concerns about the "rolling stone" article. my fear is that because it is such an egregious act and everyone can really obviously

see that, i worry that, that date rape and that offenses that are not necessarily gang rape are going to be seen as, as not, not that it's not quite as bad, but i'm worried that students are going to miss the point. i think everyone can agree that gang rape is horrible. but a lot of the offenses occurring at colleges are stickier situations. and i'm worried that students are going to not see them. >> it's teaching people and not just young people, all people, how to respect what the gray areas are, where consent is and where it isn't. where acceptable behavior is and haw who come forward. it's often tricky and situations that cause the trouble. let me ask you something else -- the article comes out. we hear from a lot of student leaders and people at the university. we've been dealing with this already. it's just new to you, not to us. but then it took time, it took a couple of weeks for your president to come out.

now i know you're at the university. i know you're a student. i know that that comes with certain concerns about how critical you are about the university. what is the feeling on campus about whether or not the response was fast and strong enough. >> i think what has been an incredibly emotional semester for students, in part because we love uva. i think that the board decision to establish a zero tolerance policy was a fantastic first step. but i was really encouraged by president sullivan, by her speech on monday. in the speech the one thing that stood out to me was she said we will lead. i think that is absolutely the right way to look at this. >> katherine let me give awe little push-back on that she's the first woman president of uva. we don't want to put people in boxes, but obviously this is an issue that women have do come forward on. because they have to be their own advocates on it. so did that create a different bar for success for president

sullivan. do you think she passed that bar? >> well it did seem like when the "rolling stone" article came out, that the administration was absolutely in shock. and i don't deny, i don't doubt that they were. but i think the speech that president sullivan gave on monday was the speech we've all been waiting for. it really was. i think in that speech she really, gosh, i think she did a fantastic job. and yes, there's a problem and one speech is not going to fix that. the suspension of fraternities is not going to fix that establishing a zero policy without implementing it fully is not going to fix that. but i do think that on monday president sullivan really reached out to students in a way that we haven't seen yet. and i was incredibly encouraged. so i think students are feeling a bit relieved. >> katherine valentine, good to have you on the show. you go to college to learn about yourself and learn about the world and you're certainly

getting a heck of an education on this issue, that's for sure. thanks for being with us. good luck and stay in touch going forward. >> thank you so much, chris. apple is on trial, a lawsuit about digital music is playing out in federal court. the key witness in the case is apple's co-founder, the late steve jobs. do his emails paint a different picture of the ceo? ring ring! progresso! i can't believe i'm eating bacon and rich creamy cheese before my sister's wedding well it's only 100 calories, so you'll be ready for that dress uh-huh... you don't love the dress? i love my sister... 40 flavors. 100 calories or less. you can't breathe through your nose, suddenly, you're a mouth breather. a mouth breather! well, put on a breathe right strip and shut your mouth.

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ipod would not play digital music from providers other than apple. the testimony is coming even from beyond the grave. e-mails and a videotaped deposition from the late steve jobs. let's get into this with brian stelter, cnn's senior media correspondent and host of "reliable sources." nice to see you. >> you, too. >> these e-mails supposedly show steve jobs in a different light, using a more brusque manner. >> one of the reasons why apple is so successful and continues to be and one of the reasons why he was so ledgendary is because he was aggressive. sometimes he didn't think the rules applied to him, sometimes he thought he could bend the rules. we see that in these e-mails, lawyers at apple and lawyers involved must be horrified in some of this, some of the ways apple did what it did. for example steve jobs was aggressive about talent. he didn't want poaching from apple and he didn't want his

company poaching from google and others. that's the thing you don't want to have e-mails recorded about. >> i have a couple e-mails, this is one is about, to a mac owner whose laptop got wet and he was complaining about it. he responded "this is what happens when your macbook pro sustains water damage. they are pro machines and they don't like water. it sounds like you're just looking for someone to get mad at other than yourself." >> there's a charm in it and another e-mail that came to light, a student journalist reached out to him directly, why isn't apple's public relations getting back to me, he just said "leave us alone." it's that manner. i love that he's replying to e-mails directly but it's the kind of behavior that lawyers grapple with and advise against probably because you're not supposed to say those things over e-mail and more importantly when it comes to poaching talent or collusion over ebooks or the new ipod lawsuit, lawyers would not want these things to be on

the record. >> another e-mail a response to the makers of the ipod rip, which apple threatened with a lawsuit, steve jobs wrote "ching your app's name, not that big of a deal." >> again, i love that he was in touch, i love he was responding directly to people but it shows a kind of confidence, maybe an ego that you maybe need to have to be a ceo like run a company as big as apple. >> of course. he did have an ego and a confidence. >> it is a side of him we weren't as aware of in life and years ago. i think we started to see it with walter isaacson's remarkable biography of steve jobs. we see it strangely from beyond the grave in the lawsuits. this is the third big class action lawsuit against apple. this one about the ipod starts in oakland today. >> this is his response to an iphone 4 owner who was the victim of antenna gate. "just avoid holding it that way." simple solution. >> i'm holding my new iphone 6 and had a few problems with it,

but unfortunately i can't e-mail steve jobs anymore. the tim cook still does reply occasionally to customers. maybe one day we'll see those e-mails, too. michael brown's stepfather's words to burn this blank down, was that an emotional outburst or did it incite violence in it is the latest controversy out of ferguson. we'll give you the update ahead. don't settle for 4g lte coverage that's smaller or less reliable when only one network is america's largest and most reliable 4g lte network: verizon. with xlte, our 4g lte bandwidth has doubled in over 400 cities. and now, save without settling. get 2 lines with 10gb of data for just $110... ...or 4 lines for just $140. and get a $150 bill credit for each smartphone you switch. only on verizon.

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-- captions by vitac -- www.vitac.com courting controversy. charles barkley calls rioters scumbags, defends police and the grand jury decision to exonerate michael brown's killer. the opinionated former nba star now under fire, but should he be? another woman comes forward claiming bill cosby sexually assaulted her. what she says happens when she was just 15 years old and why she's coming forward now. rvelgt livi living longer. new diet could slow the age progress cess and keep us younger longer. does it really work though and does it raise more questions than it answers? >> your "new day" continues right now.

>> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. >> good morning, welcome back to "new day." it is wednesday, december 3rd and in three seconds it will be 8:00 in the east. there we go. chris cuomo and alisyn camerota here. could michael brown's stepfather face criminal charges. it is a real question. police are investigating whether his words to burn the blank down after the grand jury decision incited a riot. his lawyer claims he was just overcome with emotion. >> the people of ferguson will see less of the national guard as things calm down and the residents will try to rebuild. cnn's ed lavandera is live in ferguson for us. good morning, ed. >> reporter: good morning, alisyn. the building you see behind me was one of the first businesses that was torched in the moments after the announcement was made that a grand jury would not be indicting darren wilson, and now the question is, is michael brown's stepfather partly responsible for what happened

here? [ bleep ] [ bleep ]. >> reporter: this explosive reaction to the non-indictment of former police officer darren wilson is under investigation. police want to know if michael brown's stepfather louis head possibly incited the crowd with these words. michael brown's mother explained the emotion behind the outburst in an interview with cnn legal analyst sunny hostin. >> he just spoke out of anger. it's one thing to speak and it's a different thing to act. he did not act. >> reporter: investigators have not yet spoken to head and no charges have been filed. >> remember there's people in the crowd that decided to burn down those buildings, and i'm not so sure they wouldn't have burned down those buildings without urging from mr. head or others. >> reporter: the national guard is scaling back its presence in ferguson since protests have gotten smaller, butis wi busine are still reeling from their losses. how angry are you? >> well, it doesn't help, you

know? i'm mostly disappointed by the authority because last twice, two times the governor said that we'll take care of that and the third time, they said we'll really have the national guard here and there's nothing to worry about, and they didn't do their job. >> reporter: the destruction prompted this response from former nba player charles barkley. >> it's like them jackasses who are looting. those aren't real black people. those are scumbags. real black people, they're not out there looting. >> reporter: also the hands up don't don't shoot demonstration by several players at sunday's game. police chief belmar said the chief operating officer called him to apologize. the rams say that's not the case. talks between police and the team are scheduled to continue. and one other thing to keep in mind, those comments that louis

head made in the moments last monday night was about two miles away from this location and this is the stretch of road where most of the buildings were burned down, and several miles away, it all started happening about the same time, another point to remember, as investigators kind of look into this idea whether or not louis head was inciting a riot, could he be held responsible for what happened several miles away at the same time. alisyn? >> that context might make the case against him tougher. thanks so much for that reporting. well, charles barkley is no shrinking violet. the former nba great is outspoken and often on the subject of race and now he's defending the comments you heard on the situation in ferguson. he sat down with cnn's brooke baldwin. listen to this. >> let's begin with the news of the day, michael brown's stepdad is being investigated for saying eight different times burn this

"b" down and he's being investigated for inciting a riot. do you think that is fair, should police be pursuing that? >> no, i think under the circumstances this has been an awful incident for everybody, and i just think they're just, it clouds the discussion. >> what about all the walkouts and the protests and you've definitely caught some, you know, slack for call some people -- >> number one i haven't gotten any slack. i don't do social media and i don't sit around and read what everybody thinks about me. >> scumbag comment? >> when you loot people's property that's against your property and what they are. you don't want people to do it to your house >> do you think we would be seeing all of that, had this been a black police officer, had darren wilson been black and all the facts remaining the same, we would still have a slain 18-year-old. would the outrage be there? >> no, because we have a racial issue in this country.

we've always had a racial issue in this country, and the biggest problem with it is we never discuss race until something bad happens. we never have meaningful dialogue over a cold beer when things are going good, but what happens is, everybody, when something bad happens everybody has a tribe mentality, everybody wants to protect their own tribe, whether they're right or wrong. >> what do you mean when they're right and wrong? >> we all got bad characters in our group, we all got bad characters. my grandmother told me you individual merit. you don't care what every jackass has to say. black is not always right and white is not always wrong. the notion that white cops are out there killing black people is ridiculous. it's flat out ridiculous, and i challenge any black person to try to make that point. this notion that cops, cops are actually awesome. they're the only thing in the

ghetto between this place being the wild, wild west. >> let me go back to the notion of white cops killing black people. what about the case we're waiting for, the results to come down from the grand jury for eric garner. >> sure. >> it's one thing in ferguson there's some audio. you see the video, you see these cops surround him. >> yes. >> and he ultimately, it was a homicide. he dies. >> i don't think that was a homicide. i don't think that was a homicide. >> what was that? it was a chokehold. you see it. >> i think the cops were trying to arrest him and they got a little aggressive. i think excessive force, you know, something like that, but to go right to murder -- brooke, when the cops are trying to arrest you, if you fight back, things go wrong. that doesn't mean -- i don't think they were trying to kill mr. garner. you know? he was a big man and they tried to get him down.

>> let's get some perspective here, we bring in cnn's don lemon, and sally jenkins, sports columnist for "the washington post." let's start with the big global issue, sally. i'll start with you because don and i are family here atten kr cnn. should we be flaerg charles barkley on this issue at all? >> why not? people love to hear him talk about basketball. he's renowned for saying absolutely what he thinks on every issue. yes, why not? why should he have to shut up? what is this shut up and play thing? >> he's not playing anymore, so he's out there and giving his opinion, and does he deserve criticism for what he said specifically from or to the black community? >> well, does he deserve it? who knows but are people going to criticize him, yes, and he does not care. and that's what i like about him. do i always agree with him, no. >> what do you take issue with here? >> i don't know if i take issue with anything. i think that and charles and i, i know charles. we've been texting about this

particular story and he says don, i'm not going to shut up. i'm going to keep saying and i want you, we talked about this, he said you did a great job at ferguson, keep doing what you're doing. but i don't think, i think you have to always be careful about what you say. we are judged on every word as i know this week and last, every single word that comes out of your mouth. i think charles is a role model, whether he likes it or not, but i also think people don't like to hear what charles has to say, many people, but he speaks the unvarnished truth. >> his truth. >> his truth. he says it like he means it, whether you agree with him or not and that's what i like about him. >> if he was a white guy, could he say these things? >> sure. >> what? hold on a second. >> angelina jolie, george clooney. >> if they came out and said the looters were scumbags, the cops are awesome. >> there would be outrage but they could say it. >> the spokesman for the st. louis police officers

association said very much the same thing in his statement protesting what the st. louis rams did. he called them thugs, violent thugs, suggested that if it weren't for the cops in that football stadium on sunday, there would be nothing standing between the st. louis rams and the mob. >> are you really asking that? don't you remember last week? >> yes. >> you interviewed rudy giuliani who said the exact same thing. >> and he -- well, no, he didn't say the same things charles is saying. charles is able to criticize the black community directly and he's covered in part because he's a member. >> you don't think they're saying the same thing? >> i think what rudy was talking about and there are equal problems with it, as we discussed in our nice time in ferguson together is the perceptions of us versus them and i think look, all of these are important because they coax the conversation. the request he is in what direction? is any of it moving us forward? that's my question. >> it moves us into a conversation about race which needs to happen. >> yes. >> what conversation isn't happening? >> you have to have the

conversation in order to emphasize what isn't happening. you can't talk about what's not happening if you're not even talking. >> we have to stop demonizing people, just for being honest, and if you say something wrong or if you misspeak, you have to stop doing that, because then you halt the conversation because no one is perfect. if you have good intentions and i'm sure charles' intentions are good, why not allow him to say that. why do you put certain parameters on charles barkley because he's black that you don't put on other people? >> obviously the media doesn't accept any limitation on him. any time he wants to sit down and talk we'll interview him. >> it's a little bit of the black quarterback syndrome. you're not allowed to make a mistake or misspeak or to say something unpopular if you're a black man on television? >> so let's talk about how things are playing out. >> not ready to talk about that a little bit more. >> the rams hands up don't shoot. people dismiss it as you're a football player don't do it and a new narrative coming out, this is a lie, that this is a brand

that is based on a lie. do you find that to be intellectually dishonest or do you think that is accurate? >> i find it could be unnuanced. i find it to be a very broad, clumsy take on what is something going on there that's much more subtle. the hands up don't shoot thing has gone way beyond ferguson. most people would agree. when i see that gesture by the st. louis rams i didn't immediately refer to michael brown and only michael brown. >> and you didn't immediately think about police, right? >> no. >> you didn't think of police in ferguson as bad police. you thought they recognized what was happening in their community. >> it was an expression by a bunch of guys who live in gated tax havens saying hey, we're part of this community, too. >> but they're young black men in the helmets. most didn't come from gated communities. >> a couple have police records, kenny britt. >> wasn't that like dui, does that disqualify him? >> no, it doesn't but a lot of

people are attacking him for it. >> i'm surprised they didn't get disciplined. >> why? because of the constitution? you didn't think they have a constitutional right? >> i do think they have a constitutional right but i keep this on my desk and refer to it, see, it's falling apart because i do. >> you obviously don't like that part of the constitution. >> i think that we have this whole idea about it's perfect, the first amendment is perfect, your right to free speech. you and i know we work for a company and if we say something, we can be fired for it. i think people have the wrong idea about what free speech is. i think they have every right to do what they did, but we also work for companies and we can't just do anything that we want. >> right, but i don't think they fall into that category, do you, in terms of they were making a statement and the police saying they apologized, and they didn't, don't you think that's counterproductive. >> the only thing the first amendment protects you is from the government. the government can't interfere with your speech which means cops can't tell those guys to

shut up. your employer can in many circumstances, actually speech in the workplace is not protected particularly. >> we're talking about how all of this is playing out come out of ferguson, as if there were nothing else going on. the eric garner case in new york city checks just about every case that box did. >> it's overshadowed. >> the handgun and the shooting of the unarmed black man, that does touch certain notes. the case could come down today. what do you think happens in the eric garner case if there is no indictment, which is likely? >> i think it adds fuel to what's happened in ferguson and what is happening across the country. i don't think there will be unrest as there was in ferguson. i think as you know, new york city is a much different place, we deal with things differently here and i think it will be handled differently, but i just, i'm waiting to see because this is as you said one that has been overshadowed by ferguson and if there's not -- man, i don't know what's going to happen. >> we'll see what happens.

again, not an easy case to make, and again, it's the prosecutor from there looking at his own police. >> i think what you said, when we talked about nuance, nuance, it's very, very important, most people read the headlines or they'll take away what we said today oh my gosh, they're against the players, the rams players or they're against this. it's not that. we're having a conversation. she's exactly right, this is what we need to do is to have these nuanced conversations and not, you know, yell at each other and beat each other up. >> there are plenty of people that saw the rams didn't do it and didn't think the rams were saying cops are killers. >> thank you very much. >> see you later. mick over to you for news. >> here are your headlines. bill cosby facing a lawsuit from a woman who claims he sexually assaulted her in 1974. according to radaronline do, judy huth said he molested her at the playboy mansion when she was 15 years old. huth and her attorney say the

statute of limitations does not apply because she only became to realize the extent of psychological damage in the past few years. cosby's attorney has denied claims of abuse. police in abu dhabi released the name of the person who killed an american teacher at a mall, disappearing out of camera sight before running to the elevator and leaving the mall, that suspect has not been apprehended. officials in abu dhabi say the teacher was killed monday in the mall's restroom, her 11-year-old twins are in the custody of police until their father arrives. a controversial law in ft. lauderdale banning people from feeding the homeless in certain public places is on hold for 30 days. judge has ordered mediation on the issue after a 90-year-old defied the measure several times. we've told you about arnold abbott and his non-profit serve the homeless there, here on "new day." the measure was approved after local residents pressured officials to help get the homeless off the streets and other public spaces.

you've probably seen this online of a man who posed as an army ranger, exposed as an apparent fraud in a viral video is now being investigated. he may face federal charges. veteran and purple heart recipient ryan burke approached the man at a mall on black friday noticing something off about his uniform. he peppered the man with questions before calling him out. it's blifd the man may have been trying to use the uniform to get military discounts. i got to show you this crazy video, a woman in china had to be rescued after she lost control of her car, crashed into a lamp post and plunged into a river. you see the surveillance camera capturing the moment. witnesses rushed to the scene but they had trouble trying to get to her. one man cleverly used his jacket for her to grab onto and pulled her out of the sinking car moments before it went under the water. >> wow! >> yikes! >> just got to keep watching. >> i know, you really do. >> okay, she made it.

>> she made it. >> that is impressive. >> and i worry -- this is just so troublesome to watch that. >> what a great ending. >> yes. >> what a great ending. >> best kind of problem is one that has a good ending. >> indeed. see if this one does, countdown to a shutdown? gr gridlock in washington, prompting talk of another government shutdown. we're speaking live with a republican leader who is spear-heading a proposal that could help avoid that.

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a showtown looming on capitol hill over president obama's executive action on immigration. this comes as a potential government shutdown looms. if congress cannot pass a spending bill by next week. let's bring in republican congressman ted yojo, he introduced a proposal challenging the president's

right to use executive order. >> good morning, how are you doing? >> doing well thank you. what would your bill do to reverse? >> the bill twoos stop the executive action and goes back to november 0th when he wrote the executive order. the whole purpose is to stop this so that we can fix immigration the way it's supposed to be. >> what does that look like? it would just stop it dead in its tracks or how would you suggest fixing immigration in that case? >> well, the important thing is to stop it, so that we can fix it. his action is not going to fix immigration. in fact it's going to drive a wedge in this country and divide the country and make the current situation worse. and so we want to stop that. the american people spoke loud and clear in november that they don't like the direction of the country, they don't like unilateral action and don't like the dysfunction of congress. waiting for the new congress to come in is what we need to do. this system is broken for over

30 years. we need to do it properly if we're going to do it. >> we had pundits on this morning who say your bill is basically an exercise in futility because while you may be able to get the votes for it in the house it would never pass the democratically led senate so they're wondering if this is just political theater or is it some sort of political therapy to make republicans feel better or what are you doing? >> no, it's not. we don't introduce bills for political theater or symbolic measures. we could say that, heck, over the last two years that everything was done symbolically if you look at what was passed, but i guess there is some symbolism in this, because this is about preserving the constitution. you know, article one section 8 clause says that congress has the sole authority for naturalization, and that is symbolic to preserve the constitution because that constitution is a symbol around the world of what freedom really looks like. i think this is not a partisan issue. this is something republicans, democrats, need to come together and this is a time to be

americans and do what's best for our country, not to unilaterally try to do an immigration reform that's not going to make the situation better. >> do you think that your bill could really pass the senate? >> i do. when i look at things, we look at what we want to accomplish. we're going to pass it in the house. harry reid is going to have to decide if he wants to let the president transform on the constitution, and not follow the rule of law, and if that's what we're going to do as a nation, why have a constitution? why have congress here? we have a country and we go by the rule of law. it's time we start following that and harry reid will have to make that decision. i'm not going to bring this bill, we're going to do executive amnesty and it makes the situation worse. >> loretta sanchez says you are misinterpreting the president's executive action, here is her response to your bill. >> the president did not change the law. the current law exists. what he did was say you know,

there are limited resources and i want to use those resources on getting the bad guys out of our country first, and for those who have families, real family ties to this country, we're not going to go after you. he just prioritized what he wants to do, and he's allowed to do that. >> congressman, why not start with the criminals, as she is suggesting rather than the families? >> miss sanchez is wrong. the current law says if you're here illegally, if you're a person that's in the united states illegally, you are supposed to be deported. it says that. i mean that's what the law says. now there's been individual cases of prosecutorial discretion that the president can use at his will or the attorney general or the secretary of homeland security. you can't do it for whole groups of people like he wants to do, so in essence he is rewriting the law with his pen and our goal is to take the ink out of his pen. >> congressman, is the government going to shut down? >> no, and that's the beauty of

this bill is, it's not tied with any funding mechanism. this is a standalone bill that will stop this executive action so again that the new congress when they get sworn in, we can address responsible immigration reform in this country the way it needs to be, so that we don't have this discussion in another five, ten, 15 years, and then there will be a separate bill on the funding, and that's something that we'll bring up this week and the sentiment up here is nobody wants the government to shut down. we want to do, pass a spending bill so that the government stays functional, and that's what the american people expect and they spoke again loud and clear in november and we're here, this is a new congress. it's a new way of doing business. it's a new day and this is a day to rebuild america. this starts now. >> congressman, while we have you, we want to ask you about another story in the news and something that happened on capitol hill, some of your colleagues were expressing their frustration with the situation in ferguson, and what has gone on with the grand jury's decision and they did so by

striking the hands up don't shoot posture, perhaps we can show you a little montage of what some of your colleagues did on the floor. >> hands up. don't shoot. >> this is a movement that will not dissipate. it will not evaporate. >> if we don't affirm knob violence, than we will? >> congressman, how do you feel about that? do you feel it's appropriate to express that frustration? >> you know, people have the right of free speech in this country and they're going to do what they feel in their heart they need to do. what happened in ferguson was a tragedy, and it comes down to rule of law. we have to follow the rule of law and that's why this immigration bill is so important. this goes back to the rule of law and following the constitution and the president's job is to follow the constitution, article two, section three, that says he should take care and faithfully executing the law of the land and we're going to hold him accountable for that. >> congressman ted yoho, thank you for joining us on "new day." >> appreciate the opportunity,

thank you, ma'am. >> over to chris. bill cosby facing a new lawsuit, a woman claims the comedian molested her in the '70s when she was just a teenager, that will be a key factor. lawyers say in california the case can still be brought. are they right? we have a district attorney specializing in these cases weighing in. stay with us. get to t-mobile and knock out your gift list. with zero down and zero interest on the samsung galaxy note 4, the note 10.1, the gear s and more.

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all right, here we go with the five things you need to know for your "new day." michael brown's stepfather under investigation for his explosive outburst after a grand jury decided not to indict officer darren wilson. officials want to know if he tried to incite a riot or if he was merely overcome with emotion as his lawyers claim. al shabab claimed responsibility for a blast near the mogadishu international airport in somalia, four were killed. the other happened in yemen, six people were killed outside the home of the iranian ambassador, who was not injured. bill cosby is facing a lawsuit by a woman who says the comedian molested her. according to radar online, judy

huth said it happened in 1974 when she was 15-year-old in a room in the playboy mansion. the ntsb joining investigation into a deadly crash involving two school buss in knoxville, tennessee. three people, including two young children, were killed. at least 23 other children were sent to the hospital. today the supreme court will hear a case about pregnancy discrimination in the workplace. peggy young says that u.p.s. refused to temporarily reassign her so that she could avoid heavy lifting when she became pregnant. we update the five things to know. visit newdaycnn.com for the latest. we have chief medical correspondent dr. sanjay gupta introducing us to a hockey goalie who had to bounce back from arthritis and now taking to the ice to stop shots from players half his age. how? the answer in today's "human factor." >> reporter: watching goalie greg azuko block shots during practice for the minor league

gwinnett gladiators you'd never guess he's 50 years old and also never know 16 years ago he couldn't move without severe pain. >> turning a doorknob was extremely difficult. any movement, anything physical was greatly restricted. >> reporter: lacing up skates was out of the question. greg started playing hockey as a kid. he played through high school, and a little in college, but he knew he wasn't going to make the nhl, so he moved on in his life, started a business, got married, and settled down. goaltending wasn't even a thought when he was diagnosed with rheumatoid arthritis in 1998. he started taking medication and was feeling so great that being an nhl spectator motivated him to get back on the ice in 2002. >> one night it just flipped a switch and it just went, you know, i want to go do this again. >> reporter: he caught the attention of some coaches who invited him to play with an elite group and then came an invitation to a training camp, that led to a spot as a backup

goalie. he no longer dresses for games, but he still practices with the team when needed. >> i never would have believed i would have had an opportunity like this. >> reporter: dr. sanjay gupta, cnn, reporting. meanwhile another accuser has come forward with disturbing allegations against bill cosby. the woman says she was awbused when she was 15 years old. she has filed a lawsuit and we will examine that case with a prosecutor.

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another bill cosby accuser comes forward. she has filed a lawsuit against the comedian saying that he sexually assaulted her back in 1974. this is according to radar online, and the woman is named judy huth. she says she met cosby when she was just 15 years old. she says she only recently realized the extent of the damage of the assault. so what happens next with this lawsuit and how will cosby respond? let's bring in rhonda saunder, los angeles deputy district attorney who works specifically with sexual violent predators unit. thanks so much for being with us. >> thank you very much for having me here. >> it sounds as though this new lawsuit that has just been filed is a civil case, but if this woman walked into your prosecutor's office and said that she had been sexually assaulted 40 years ago, when she was 15 years old, how would your prosecutors have handled it? >> well, it would make it

difficult because we have a statute of limitations, first of all, which would prevent us from going forward with this case. we would look at the facts surrounding the accusations comparing it to the other accusations that have been coming forward through i think a dozen or more women who are now first coming forward. it would be a very difficult case for us to prosecute criminally, in fact, it would be almost impossible. >> and civilly, though, speaking. >> as a criminal -- >> sorry to interrupt but civilly how does that change? she says she only just realized as an adult the extent of the damage. does that change the equation? >> i think she still may run into problems with the statute of limitations, even with civil cases, because there is such a long time that has gone by. it also affects a case in that when you wait 40 years, evidence disappears, witnesses disappear.

there's no forensic evidence whatsoever. so i'm a criminal prosecutor. i don't do civil. it's sort of like asking a cardiologist to look at a broken leg. so i'm more focused on the criminal aspect of this possible situation. >> okay so let's talk about that because it's hard for many people who-to-believe these allegations against this beloved father figure, bill cosby. so let's pretend it's a different person. let's say this were just a regular man, a regular person, and 18 different women, that's the count this morning that we know of, came forward with some version of virtually the same story of sexual assault, and some drugging involved. would you be inclined to believe those women, even if it was 40 years ago? >> i probably would give it a little bit more credit or more credibility, because you have so

many women coming forward with the same what we call m.o., modus operandi, and this is something that we look at and would consider to be a date rape type of a situation where someone is at a club, someone is at a party, campuses across the country, this is something that happens on a daily basis across this country where a woman goes, is talking to someone, and then all of a sudden wakes up several hours later, doesn't know what happened, can't remember what happened, so this is something that's very, very prevalent and the reason i call it date rape, it doesn't mean they have to be on a date, but it's someone that they're talking to, somebody that they might know. it's not the kind of rape where a woman is walking to her car, gets tackled and gets raped on the street by a complete stranger. >> right, so it's not --

>> so i think this is an indemic problem. >> it's not a stranger rape, it is in a different category. if this person were guilty, would you consider the man who did this a predator? >> when you have 16, 18 women all coming forward, i think it's very predatory behavior, that it doesn't stop, because the person may get caught or may escape detection in one of these rapes, and yet comes back and does it again. so there's more than just sex to these incidents. especially when you have someone, let's say it is a celebrity, and the celebrity at the top of his game, and these celebrities have fan clubs, you have hanger-ones. they have women who are willing to throw sex at them all the

time. so why the additional element of having to drug a woman in order to have sex? >> that's an excellent question. >> it may not all be about the sex. >> so many people have brought that up. since you deal with this on, sadly, a daily basis, what is it about serial rapists? what are they doing? >> there are different types of serial rapists, and with this type of a situation, it isn't the sex that excites them. what is exciting them is to render their victim unconscious so they're not able to fight back, so it's something more than just a rapist who is an opportunist rapist who, as i said, sees a woman walking by herself and says mmm, sex, and goes after her.

this is someone who basically gets more excited by the hunt, by slipping that drug into the woman's drink, by rendering her unconscious, by having a woman who can't fight back, who won't remember what happened. so it's a whole different phenomenon there. >> it is a totally different profile and such a haunting one. rhonda saunders, thanks so much for your expertise. great to talk to you this morning. >> thank you. >> let's go over to chris. >> we have some developing news for you this morning, michael brown's stepfather is now on the record about the controversial comments he made when officer darren wilson was cleared by the grand jury. you'll remember that he yelled burn it down. did he incite a riot when he did that? his words, next. in this accident...

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michael brown's stepfather is under investigation for his outburst after darren wilson was cleared by a grand jury. don lemon just heard exclusively from louis head, the stepfather's name, what do you have? >> i have a statement from louis head, i called him to do an interview talking about should he be charged and prosecuted for inciting a riot. here's what he said and this is from a source close to him, i spoke to him the source gave me the statement, it said, he said something came over me as i watched and listened to my wife the mother of michael brown jr.

react to the gut-wrenching news that the cop who killed her son wouldn't be quharnld a crime. i was so angry and full of raw emotions as so many others were and granted i screamed out words that i shouldn't have screamed in the heat of the moment, it was wrong and i humbly apologize to all of those who read my pain and anger as a true desire for what i want for our community it wasn't. he talks about the conditions of the community, and the grand jury decision, he says i plan to remain here and do my part in earnest. >> heartfelt words. >> so many people have been reaching out to them saying you need to say something, show some type of remorse. as a matter of fact i was on with wolf blitzer and he said has he apologized? has he done anything and you've heard from the mothers attorneys he was remorseful but you hadn't heard from him.

he realized he needed to say something about it. it was snowballing. interesting watching trayvon martin's when they watched the verdict they had the moment to react in private. this family found out the information while cameras were live in public. >> they knew before but they were in the middle of the crowd. >> i think it's good that, you can't condone. he can't condone what he did. there's no excuse for what he did. >> right, they can make a case and whether they should make a case i'd be surprised to see it move forward on the law and policy. you'd have to show that was his intention and led to rioting, a threat can be enough but i think it would be hard to make the case and the question would be why would you make the case? >> and we were there. there was so much going on. can you draw a direct line from his words to the actual torching, burning, looting, i don't know. i'm not an attorney but i just

think to charge him and not charge the officer would add fuel to a big fire already. >> appreciate it, don, good to have you on the show. >> thank you very much. how about this question? you want to live longer? be like my people. new study finds the mediterranean diet is -- >> how are they your people? >> i don't know where she's from. dr. sanjay gupta will tell us if this study is the real deal. >> oh, boy. >> i don't know what the latinos eat. could be the same thing. better things than the pain, stiffness, and joint damage of moderate to severe rheumatoid arthritis. before you and your rheumatologist decide on a biologic, ask if xeljanz is right for you. xeljanz (tofacitinib) is a small pill, not an injection or infusion, for adults with moderate to severe ra for whom methotrexate did not work well. xeljanz can relieve ra symptoms, and help stop further joint damage. xeljanz can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers

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we all look for ways to live longer, healthier lives, right? could a mediterranean diet be the answer? a new study finds following a mediterranean diet may lengthen your life. chief medical correspondent dr. sanjay gupta is at the cnn center breaking it down. it this is not necessarily new. >> we've known for some time that a mediterranean diet can have a lot of advantages. here's what we're talking about in terms of the types of food. pretty nice, right? >> catering. >> that's our breakfast this morning. we've known for some time it can decrease the likelihood of heart disease, strokes, but what was interesting they looked at 4,600 women between the ages of 40 and 72, they were on this diet, they looked specifically what they were eating and then they took a blood test where they measured something specifically known as

telemeres, basically sort of a prop here, jolly rancher candy, not part of the mediterranean diet but you see, there's the animation there. let me show you when you look at a piece of candy like this, the candy is the chromosome, the telemeres are the ends of that chromoso chromosome. as you tanlg tage the telomeres shorter. people on the mediterranean diet have longer telomeres, where the longevity question gets into, it's good for your heart, preventing stroke, but you can live longer because of your genetics is what the study finds. >> mediterranean people live longer, does it bear out impeerically? >> it does seem to bear out. people who live in that part of the world and eat these foods regularly seem to live longer and seems transferrable meaning people in other countries who eat a primarily mediterranean diet get the benefit as well. it is interesting, michaela, i heard you mention this, this was

women only. we don't know if this would bear out in men. there's a lot of reason to suspect it would. we don't know if people who typically never ate a mediterranean diet if they eat it later on in life if they get the same benefits. >> to put a finer point, this is vegetables, fruits, nuts, beans, olive oil, fish, it doesn't mention anything about jolly ranchers sadly but one of the best news is red wine. >> i didn't see red wine. >> red wine! >> there was a long break in between the segments and you know -- no, but you know, it's interesting. you have all those foods and there's some key words in there as well. you want, you can eat fat as part of the mediterranean diet. >> good fat. >> you don't want saturated fat. you want unat saturated fat. >> olive oil. >> grains, oatmeal, this could be a good breakfast but it's unrefined grains, it has the husk on grains often part what

have makes foods good. you get an idea of what the mediterranean diet looks like and the idea it could lengthen those telomeres is a good vision for people think being longevity. >> here's a question, sanjay? what about stress? that has a factor of how our body reacts even to a great diet. does that play into the lengthening or shortening of telomeres? i guess you can't lengthen, you can only shorten them. >> there is evidence they can lengthen them, the study part of it is to show lengthen. i'm not sure what cuomo said but he's shortening my telomeres right now. we're going to live shorter lives because of chris. >> we should throw out everything and go full bore or are you hearing other research that says let's pump the brakes a little bit on this? >> no, as you pointed out, the data on mediterranean diets has

always been pretty good. if you said i'm worried about developing heart disease and stroke. i have some history of this in my family and mediterranean diet is a pretty good way to go and chris said earl your you see some of the lowest rates of heart disease in the mediterranean countries, including italy by the way, but spain, mass zone cedoniamacedon africa. they eat this type of diet pretty typically. >> do you eat it? >> i eat a lot of these types of foods. i have cheats every now and then. >> jolly ranchers. >> the whole buzzword is sort of oxizatidatio oxidation, if you create oxidation in the body it ages you more quickly. diet is a lot of antioxidant, probably why it works. >> no rust grows on you, sanjay. >> not at all. great to have you with us. >> nicest thing you ever said to us. >> enjoy your fish and beans. >> we also went with the green apple jolry rancher, very

uncommon flavor. >> apple is my favorite. >> sour apple is your? i never met anyone who said that before. >> you're a sour apple, cuomo. >> on that we end our segment. >> he's off. let's get to the news with carol costello. when you get insulted by sanjay gupta you know you've arrived. >> actually he's the nicest guy ever. you should be concerned about that, chris cuomo. >> yeah, we'll talk about it later. >> we will, have a great day. >> we will, have a great day. "newsroom starts now. -- captions by vitac -- www.vitac.com we have a racial issue in this country. >> charles barkley one on one and unleashed. >> there's some black people out there who are crooks. >> ferguson, race, and solutions. >> we need some strong black men in st. louis to stand up.