have reached a cease-fire deal with the presidents of russia and ukraine. it calls for the fighting to end on sunday. let's get to senior international correspondent nic robertson in minsk with the breaking news what's the latest nic? >> the agreement says that there will be a pull-back of heavy weapons, tactical missiles will be pulled back almost 100 miles there will be a demilitarized zone and we've heard from the russian president vladimir putin that there is an agreement for under the ukrainian constitution, for constitutional change. that the rights of the people the separatists in the southeast of ukraine will be respected. and word from the germans saying there will be elections in the near future. they will be working towards that. there will be a prisoner exchange as well. just before this was finally agreed the talks almost fell apart. the ukrainian president saying there wasn't enough on the table.

the separatists saying very much the same thing. now there seems to be a workable formula. but the headline here is and we're hearing this from the german foreign ministry that not everything was agreed a lot of fine details, issues that have been problematic in the past yet to become clear how they're going to be resolved. one thing the germans are saying is the border issue between the separatist part of ukraine and russia that there is some agreement on that but we're yet to get all the details here yet, alisyn. >> nic, thank you so much for that background. >> before we lose you, can i ask you a question. i know we're waiting on information. what do we know minsk happened already, russia violated it already. i know they're putting a specific date on cease-fire this time. what are the points that are giving some home for optimism? >> the optimism here is based on the fact that they came to try to get a cease-fire to end the

bloodshed, how we can be optimistic about going forward, i think we need to be extremely concerned right now about how this is going to hold. because we don't have the details. the devil is in the details. how much autonomy the separatists get. what was agreed as you say last september broke down on the battlefield, it's two and a half days before the cease-fire comes into effect. the separatists have said there are more towns that they want to take. so you know there's a lot of places that this can still go wrong. and we're not seeing anything yet that can tell us yes, this is different this is changed, and it can work. i think there needs to be a level of skepticism and concern at this stage chris. >> i remember standing in kiev with you and you telling me how complex the situation is so thank you for following along the developments we'll check back with you later on. despite what we're hearing from nic about the diplomacy at play while they're talking, the fight something raging on in eastern ukraine.

we have nick paton walsh live from the battle zone near the town of donetsk. >> we have a bit of a confusing situation for many of the separatist militants here. while they only heard of the cease-fire deal from us their reaction is we've been deceived before we're not buying this. we don't stop until we've taken back the rest of the donetsk region. these men aren't commanders they could be told to lay down their weapons. but we've been hearing the sounds of rockets being fired, the sounds of rockets landing. there's no obvious sign of tempo. it's the reaction you've seen in the faces of the men on the front line. behind me is a reason why there's so angry, the damage done civilian areas here

basically you can see in their faces, their anger, the loathing they feel towards the ukrainian government they said the shelling has done to their homes and families. and a real sense here i think that this diplomatic explanation is going to have to be substantial and remarkable i think when they first hear it in detail to make them want to lay down their arms a very clear sensation that they want to fight on. ailsen? >> such a perfect illustration of the confusion that continues on the ground there, thank you. we'll check back in with you. president obama formally asking congress to authorize military action against isis. but his request is already drawing skepticism from both sides of the aisle. let's check in with white house correspondent michelle kosinski with the key points of that proposal. >> it's basically the president asking congress how much should i be able to do or not in fighting isis? this balance between narrowly tailoring it but also leaving flexibility as things change down the road. and you do see a balance.

i mean really the only big restriction in this is against enduring offensive ground combat operations. or as the president put it long-term large-scale operations like what we saw in iraq and afghanistan. but how long is enduring? what does that mean exactly? obviously there is room for interpretation there. and there's nothing in this that would restrict say short-term smaller-scale combat and it allows the 2001 authorization against al qaeda and its affiliates stand. it lets the president fight isis wherever it is along with allied groups fighting alongside. and it allows for other combat like special operations search and rescue calling in airstrikes some of which we've already seen. there are some democrats who would love to see this more restrictive. some republicans who would love to see it less restrictive. it's up to them to ray prove it or not or come up with their

own. chris? >> michelle thank you very much. mick over to you. in the war authorization request, president obama names the american who is have been killed in isis captivity. including aid worker kayla mueller. we're learning more about her time as a hostage and some of the various attempts to rescue her. pamela brown is following these developments live. some comfort to many that those attempts were indeed made. >> i spoke to the family spokesperson michaela about this. and she made it clear the family did everything it can, working with the white house, trying to get kayla home. in fact at one point last summer when isis issued a deadline to execute kayla, the family asked if the government would be willing to trade dr.en sadiki. after hearing about this in media reports, the family asked the white house if it could have the lady al qaeda's sentence commuted. trying to find any option they

could, in desperation as the deadline was approaching, the execution deadline. we know what the white house responded back we don't know what the response was. but the spokeswoman said that kayla was still alive after the deadline passed. contrary to media reports, the family never turned down a military rescue mission because it was too risky. instead the family reached out to the white house to ask for notification if there would be another rescue attempt after the failed attempt of kayla. we've been hearing about the attempts to rescue her. and one of them is about a man who posed as kayla's husband and went to a syrian terrorist training camp to try to save her. it turns out that was her boyfriend who was kidnapped with kayla, the same time. he was later released and then risked his life to try to get kayla out of captivity. that did not happen. but it's clear, chris, that many efforts were made along the way.

>> pamela thank you very much. appreciate it. let's get more on the president's war plan to fight isis what's going on in ukraine. we have a man who understands both situations cnn military analyst, major general james spider marks. thank you very much for joining us. let's start with the immediate. in ukraine, at least they have a timeline now, right? last time in minsk it wasn't that clear. but when you look at what's being said out of there, does this feel like a real cease-fire? >> you know it does i thought that what nic was reporting on the ground he has as you guys know and cnn has done a wonderful job, he's putting himself at risk so we can get the best view of what's taking place. at that lowest level, that's where the difficulty occurs. i mean a cease-fire like this could be broken in a second. if those fighting parties, those warring parties simply have make a bad decision at that very very very point of engagement. but it feels like there's going

to be some progress. certainly there's a very special relationship between angela merkel and putin. they understand the risks involved and it's wonderful that they've been able to at least get together and have an initial framework of how this thing needs to move forward. >> interesting, given the strained history of germany and russia. now when you talk about the ground you understand this so well from your time as a commander with the balkan situation. the vebls s rebels weren't at the table in name with these diplomatic relationships. putin was there. if they keep fighting what's the use of this cease-fire? >> well what putin has to be able to do. and clearly, let's establish right now that the insurgents that are fighting in ukraine right now are getting direct support from the russians. end of sentence period. so what putin has to be able to do is if he is sincere about this he has to withdraw his

advisers. he has forces that have gone across the border those have to be withdrawn. can he do that surreptitiously, he can do it overtly. he has to assert himself very directly over this in order for this to end. the only way they've been able to act with a certain degree of independence and achieving the successes they have on the ground is because of putin. he needs to withdraw that support and this thing will peter out. >> the way to do it would be international monitoring of that and he won't agree do that. kayla mueller, the accusation is the u.s. government didn't do enough. this time that doesn't seem to be the case. we hear a lot of rescue attempts what stands out to you? >> the fact that the united states truly embraces its citizens wherever they are and will do anything it can to try to get them back. i think that, that discussion piece, this is such a tragic and such a personal story. we're very sensitive to it we

have to put to the side the fact that the united states may or may not or intentionally ties its hands in its abilities to try to recover its citizens. this is the united states does everything it can. it puts incredible young men and women at risk to go rescue these folks, let's put that story aside and let's take the bigger story which is how can we more fulsomely go after guys like isis. >> the reality, kayla mueller, on one part represents the absolute best hope for the future. kid who put her own life in the hands of people she just thought deserved her help. but the president said we did everything we could it's about how you define "could." you didn't want to do the prisoner exchange. you don't want to negotiate unless it's somebody who is in the military and kayla mueller represents the future nonmilitary people going into harm's way to try to make a swigs situation better she may

represent a better option than military action in fighting ideas like isis. is it time to rethink the policy? >> we have the full elements of power in place, with the collapse of governance in the middle east and other places around the world, the united states backing up from its position of influence around the world, you have to have industry step in you have to have ngos, nongovernmental organizations, folks like kayla that get involved and fill in the gap where the government has said we're not going to do it. so yes, there's an absolute time to relook how we view these types of contributions. >> also now on the aumf -- the authorization for the use of military force, you know that. but now you see what's out there. the democrats say it's too broad, the respects say it's too narrow. with what you hear in what's being offered, do you think this is the right type of approach? >> yes. yes. it does repeal 2001.

so it gives the president still has very very broad authorities. whether he chooses to use those, under that remain in place. but the new one says look we've got a problem that is metastasized, in 2001 we didn't know what it looked like. we have a pretty good sight picture on what this enemy looks like where it's located. how it's getting its motivation. how it recruits how it deploys and we described geographically kind of where it is. we need to be able to define that very precisely. and as michelle indicated, the word "enduring" leaves the door open for interpretation in terms of what does that really mean. the president has very broad latitude and it's good that he hasn't taken a capability off the table. we've got the most incredible military in the world, why would you state our priority we're not going to use the air force or use a little bit of the army dudes. no it gives him full authorization. >> it's interesting it's being

called a war authorization. colloquially by these guys even though congress they're the ones who have the power to declare war. this is another step in the direction of giving that power to the president. general, thanks as always. thousands of people taking to the streets in yemen to protest the houthi militia takeover crowds are gathering in the capital, sanaa, carrying banners, chanting anti houthi slogans, while houthi fighters man checkpoints. some fighters fired shots into the air and threatened the crowds with daggers. the u.s. britain and france have shut down their embassies in yemen over security concerns. the widow of a gunman who went on a killing spree at the kosher market in paris has linked up with the isis in syria. hayat boumeddiene quoted in a french language magazine saying she encountered no problems

reaching isis territory and it feels good to be on isis soil. we've lost a man who was a stellar example of humanity and journalism. cbs's bob simon was killed overnight in a car accident just blocks from his home. an end that stands in stark contrast to the peril that simon overcam in being one of the best newsmen. >> our "60 minutes" colleague bob simon was killed this evening. it was a car accident in new york city. >> cbs news anchor scott pelley reports a shocking end for a man who had survived so much. distinguishing cbs, "60 minutes," and enlightening the world for over 50 years. >> our colleague bob seemens of "60 minutes" was 73 years old. >> joining cbs in 1967 simon's words quickly separated him. >> you guess it must be safer.

>> as did his commitment to covering turbulent times, especially abroad. >> and steps are being wheeled up to a plane bearing the words, the arab republic of egypt. >> in vietnam he was on one of the last helicopters out of vietnam, then came yugoslavia and the gulf war. in 1991 he was captured by iraqi forces imprisoned for 40 days. >> they didn't feed us at these interrogations they terrorized us. after you've been beaten a couple of times, it's extremely unpleasant and it hurts like hell but after a while it stops. >> his spirit and talent endures, as will his legacy. bob simon represented the best of journalism. may he rest in peace. >> indeed. >> that's sad i always loved watching him on "60 minutes," he had such a great voice and presence and story-telling, after being in the most dangerous battle zones of the

world -- >> who knew that a livery cab in new york city would be where he would find his ultimate demise. >> survived by a wife and a daughter and it's interesting at a time when we're examining journalism this is a guy who is proof of how the job is supposed to be done. yes, he had the telegenic qualities, but he put himself in hard situations so you would understand them better for 50 years. our best to his family and to the cbs family as well. meanwhile, this story that so many people are talking about -- she muslim students shot dead their families call it a hate crime. now the wife of the suspect speaking out and telling a different story.

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the families of three muslim students gunned down in north carolina insist that their loved ones were victims of a hate crime. the fbi is now on the case. but the wife of the suspected gunman claims an ongoing dispute over a parking space. triggered the deadly shooting cnn's jean casarez joins us from chapel hill, north carolina with more. jean? >> law enforcement this morning has the computer of the defendant in this case

46-year-old craig hicks. they're trying to figure out his state of mind. did he have a bias? was he planning an attack like this? this community in chapel hill north carolina are in mourning. they can not believe why anyone would execution-style shoot three people in the head, students who were just beginning their adult life. >> i want everyone to remember them please only in the good. >> this morning, heartbreak and outrage over the murder of three muslim students in north carolina. >> i heard about eight shots go off than one girl screaming. >> friends and family deeming their execution-style killing a hate crime. >> it's basically incomprehensible to me that you can murder three people over a parking spot. >> according to a preliminary investigation, police say 46-year-old neighbor craig hicks may have shot razan mohammed abu salha, yusor mohammed abu salha, and deah shaddy barakat in the

head over an ongoing parking dispute at their apartment. hicks said her husband was frustrated with the parking issue. >> i can't say with absolute belief that the incident had nothing to do with religion or victims' faith. >> we're in shock. >> but the family says there had been issues of disrespect and harassment. >> my daughter yaser, honest to god told us on more than two occasions that this man came knocking at their door she told us daddy, i think he hates us. for who we are. >> hicks, who claims he is an atheist, allegedly posted an anti- anti-religious statement on his facebook page quote -- if your religion kept its big mouth shut so would i. cnn cannot independently confirm the authenticity of this post. >> we love you we will never forget you. >> overnight, thousands gathered on the university of north

carolina campus. >> i'm embarking on a trip to turkey to help syrian refugee students in urgent need of medical care. >> mourning the loss of three scholars dedicated to serving their community. >> we're learning that the funeral for these three victims is today. let me tell you a little bit about these extraordinary people. deah shaddy barakat a second-year medical student at the university of north carolina cared so much about helping people he called last week to say he was at a homeless shelter, handing out toothbrushes he was raising money so he and others could go to syria to help teach dental hygiene to students. and the defendant has no criminal background at all. he remains behind bars today and hate crime or not, this is a triple homicide and michaela this is north carolina, a death penalty state. >> these were good good people doing good things in their

community. we can feel the pain that community is suffering right now. jean thank you for that. alisyn? for more on the muslim community's response to these murders, let's bring in the author of "in the land of invisible women" dr. qanta ahmed. what was your response when you heard that these three muslim students were shot? >> sorrow that i'm sure is shared by all the united states today. and particularly after seeing father and sister speak so poignantly last night. >> police are saying that they believe at this point that this might have just been a dispute over parking. this neighbor apaintly would become inflamed when someone would take his parking spot. but other people believed that it's hard not to see it as a hate crime when it's three muslim students who apparently were shot in the head. you don't like the message that that narrative would send because it sounds as though

muslim students or muslims are somehow under siege in the united states. >> i think it's important we first of all don't add to the sorrows of the family. they certainly feel that this was targeted based on their muslim identity. whatever the conflict between neighbors and we must respect their sentiments but the danger is not to expand that to all muslim-americans we truly aren't victimized by the united states in contrast we thrive here. >> you have data points that you want to get out. because you want to counter this false narrative. you think that muslim americans are not under siege. they're not being victimized that they're thriving. what do you mean? >> it's not, what i think, it's actually surveys collected over a seven-year data point by pew. which shows that muslims are equally accomplished economically to the average american and in some categories we're actually exceeding that in terms of income and in terms of education and that we are also a very diverse group. though this group, this family unfortunately who are suffering, do represent the majority ethnic

identity of muslim americans, 64% of muslim americans are of arab-american origin we believe this family is. nonetheless, we in the united states succeed to a greater degree than where i'm from, western europe. we succeed economically more here than in france germany and england. and we succeed in defined measures. muslim americans are mainstream and middle class. >> we have a little bit of one little excerpt from that 2007 pew survey. muslim americans view of society. 71% say hard work pays off. 72% say that their community is a good place to live. 42% say that they have a good financial situation. you see a very positive trends in this. even though it's from 2007 you think that the situation is the same or even better today? >> i agree. and also the family that was, is that was so brutally deprived

of their loved ones represent most muslims, educated highly accomplished aspiring for academic goals with humanitarian values. they truly represent how muslim americans are living. but there are opportunists who wish to use this crisis this tragedy, as a means to say there is a rising animus against muslims and muslims are besieged. >> when you say there are opportunists you mean there are -- this is controversial. that there are some muslim advocacy groups that will seize on this to say that muslims are victimized? >> i can predict that that's likely to happen. and in some of the earlier statements that happened yesterday as i was reading the news a statement from the council on american and islamic relations, that describes itself as a muslim civil liberties advocacy group, referred to the rising anti-muslim rhetoric in the united states. i would think a better context to provide is to quote president

sisi from egypt, who reports that actions of extremist elements which i call islamists, is putting islam into a global despise, we're not shielded from that here in the united states. but that doesn't mean that america has a rising rhetoric against muslims. the data shows and muslim experience shows that americans embrace us as have been inspired by the founding father that wrote the declaration of independence, president jefferson who wrote about freedom of religion and expression here. >> one of the things i know you were most struck by the family of the victims, they were on anderson cooper last night. let me play a little clip of what the sister had to say. >> they all had so much to offer and i just want to make sure that we continue that legacy for them in their name in their honor and that all of us as americans collectively -- not

let their deaths go in vain. >> what struck you about that. >> what was so touching about that is i'm also an older sister with two younger brothers. i identified with her. but in her grief and sorrow she identified all of us as americans. and i think that was so heartening. that even in her suffering, where her family may indeed have been targeted for their muslim identity which let's say was more overtly visible than somebody might think my muslim identity is. that she is still referred to being part of the united states and her community is responding similarly. i also think, i have confidence as a product of american academia, in chapel hill and the university of north carolina where this terrible suffering will be best placed to try and be healed. because of the freedom of ideas and exchange that the united states offers. >> we hope so. dr. qanta ahmed, thank you so much for sharing your perspective. we want to know what you think

about all this. was this merely a parking dispute? or was it a hate crime? tweet us @newday. let's go to michaela. great conversation there. an emotional start to the chris kyle murder trial. did eddie ray routh intentionally murder him and his friend? did his post traumatic stress lead him to kill? when salesman alan ames books his room at laquinta.com, he gets a ready for you alert the second his room is ready. so he knows exactly when he can check in and power up before his big meeting. and when alan gets

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after all night talks, a peace deal in eastern ukraine this morning. according to russia president vladimir putin, the cease-fire begins sunday. the ukrainian president confirming the effort to end the battle between pro russian rebels and the ukrainian government. the deal reportedly covers the withdrawal of heavy weapons and the creation of a demilitarized zone. president obama making the case for congress to authorize military force in the battle against isis. his plan all but rules out boots on the ground in iraq and syria, but does leave some flexibility if the threat evolves. the president making it clear the operation would rely mostly on air strikes. that is prompting bipartisan skepticism.

republicans want stronger measures including the use of ground forces war-weary democrats are upset the president opened the door to ground troop deployment at all. all right, lottery officials, say not one, not two, but three powerball players did it. all six, baby in last night's $564 million drawing. the winning tickets were sold in texas. north carolina puerto rico. no new york. the winning powerball numbers are 25 11 54 13 39 and the powerball was -- 19. there they are on your screen. no word yet on just who the lucky winners are. but i know who they ain't. >> so going to make a quick call we're going to have to cancel the luxury yacht you and i were going to go in on. >> not so fast the guy on our staff, one of our studio guys

phil who collected all our money absconded with it we haven't seen him for two days. >> he could be in puerto rico. >> i know you like the word absconded, but when you hear the states where they were sold. >> he could have gotten there. he's fast on his feet. day one of the so-called "american sniper" murder trial is in the books, there were some surprising strategy out there. we're going to tell you. which side came off stronger? early on? we have a close look at what happened ahead.

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do you explain these photos?! [people gasping] objection your honor. sustained. with the x1 dvr library you could take anywhere, xfinity is perfect for people on the go. welcome back i hope your "new day" is off to a good start. we now know the defense strategy and its a little surprising and the prosecution plan as well. in the chris kyle murder trial, which people are calling the "american sniper" trial.

let's bring in joey jackson, hln legal analyst and criminal defense attorney and paul callan cnn local analyst and counselor at callan foster nady and bragler, llc. joey you know your role paul take the prosecution role. today we'll start with the defense, because really it's about sizing up what is going on there and haas going to happen. we have here the defendant, mr. routh. here's what we now know. here's the defense, chris kyle's own texts show routh was legally insane. now, joey the text is -- chris kyle going back and forth with his friend about how this guy is straight-up crazy, whatever the words were. why is that useful to the defense? >> it's useful chris, because it goes to the critical issue in the case which is state of mind. now you'll hear expert testimony, throughout the case understand it's the defense's burden to prove that he was insane. but what else are you going to

hear besides experts? what else besides his own family? that is routh to speak to the issues of his mental illness? you hear what the perceptions were of the person he killed. >> so joey -- >> the people he killed. and that was, that he was not right. >> joey you come up in your opening and it proves it and i say objection, what is this text? it's coming from a man who is no longer alive and did can't be cross-examined how is thatted a miss snibl. >> if i were on the bench, it's inadmissible. chris kyle is not here to be cross-examined on whether it was accurate and he's not a psychiatrist. so i'm very surprised it got into evidence. maybe by the way, this was just a shot by the defense attorneys, remember it hasn't been offered in evidence. they opened on it i don't know if it was a surprise to the other side. >> if they opened on it you have to believe that a motion in

limine was done to the judge. >> in the end it's not going to mean a whole lot, nobody is going do deny that the defendant in this case has mental illness and he might strike other people as being somewhat deranged. but it's different from legal insanity. >> it's surprising to hear chris kyle's own words to be used by the defense. the chris kyle believed in the illness, he believed this person needed help. they believed they were suffering. then there's another surprise which is this it's not just insanity they're using the word "delusion." they were saying he's under a delusion and that's a loaded word in the law. the prosecution gets up and says, delusion that's interesting. does he know what right and wrong was? and if he did, i don't care what he was suffering from he doesn't fit the legal definition of insane. delusion works for and against the defense. how could it hurt them in.

>> with the insanity defense you got to prove two things one that you did not understand the nature and consequences of your act. that's when i point a gun and pull the trigger, that it's going to kill somebody. >> it's going to free my spirit to a better world. >> that it's wrong to kill. so they put on the board, a defense in which they say, well he had a delusion. he thought that the men in the front seat were going to attack him. and he killed them in self-defense. well that indicates he understands that when he pulled the trigger he was killing them. and number two, he understands that self-defense can be used in certain situations it's right but there are other situations when it's wrong. that defense actually defeats the insanity defense. because -- >> here's why i disagree. a delusion takes him out of reality. if you have a delusion that match with what else is the defense saying? he was in a grip of psychosis, he was suffering from paranoia. he had schizophrenia. he had post traumatic stress disorder. i believe that the delusion that

they're alluding to takes him out of the realm of reality, takes him from a point where he cannot understand right from wrong and i think it's a very effective defense strategy. >> it was bringing into something we didn't really expect there. you show the mastery of the wall i just showed. i didn't know what that was going to do. now we get to the kind of context that's going on in this trial as well. ten women sitting on the jury they're going to have having emotional intelligence so that's going to play into trial strategy as well. we see it two different ways defense bringing up the va hospital system. they failed you know they failed drew griffin told you they failed. this man drew grin was sick he was in the hospital twice, they knew he had a problem. it did seem to resonate in court yesterday how far can they take it? >> i think they can take it as far as the judge will allow them to take it and here's what the point is the point is that this is not someone coming to court

and faking an attempting to justify. will say the defense that their insane. this is a person who needed treatment this is a person who was in fact in the care of the va hospital and the family asked him to remain in the care and the va hospital took it upon themselves to release him while saying he was dangerous and giving him the medication. it's the va system failing him, it's insanity. >> i want to go to the counter of it the va is not on trial here they can try and make it the other side was this -- the prosecution says we're going to tell you what this is about. there's a wife there is a mother their kids are gone. wauth to talk about the price of the situation was? it wasn't about the accountability of the va system. it's about this. this is what matters. surprisingly paul they're put on very early in the case. you usually want to hold this type of ammunition as a prosecutor until you really need it. texas, this judge, said that witnesses can't be in the, can't be in court if they're going to hear other testimony because it will color their own. that's why they had to come on this early.

the impact of these two women? >> i think it will have a great impact. the reason that jurors are hostile to the insanity defense. is because the prisons are filled with people who have mental illness of various sorts, you can't get a get out of jail free card because you have some sort of mental illness. it has to be very severe very specific and really only 1% of these cases win. why is that? because in most cases people do understand what they're doing is wrong and the nature and consequences of their acts it's hard to prove. >> there's no question that putting the wife on is compelling. there's no question that tragic loss was suffered here. that there are children that don't have parents any more, that the mother of mr. littlefield, it makes for a compelling case but understand this is not a who done it case. it's what motivated you to do it. and if the defense can establish not withstanding the emotion that he did not know right from wrong because of the psychosis, it neutralizes their testimony. >> can i say one thing before

you hit the gavel? getting yelled at by the judge. the people in the control room. we're going to be doing this every day because it's very complex. this was just the first day. and still i'm going to tilt the scales towards the prosecution, because insanity defense, 1% of the cases, there's a lot going on and there was a lot offered yesterday that showed as paul said this man knew what was going on in the moment he was wrong about the reality and the defense has a lot of work to do. you've helped us understand things that are not easy to understand especially for this jury. >> if i had to tip the scale, it would be for the defense based on the psychosis of the defendant. >> you may be the best looking, but you're not in control of the board, my friend. >> that's you! >> joey jackson, paul callan thank you very much. so what is going on behind the scenes at nbc in the wake of the brian williams saga? we know the changes are already visible on the air. we're going to take a look.

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more. the latest now on the brian williams saga. if you happened to tune in last night for the edition of "nbc nightly news." you might have noticed a subtle change right off the top of the show. >> "nightly news" begins now. >> from nbc news world headquarters in new york this is "nbc nightly news," reporting tonight, lester holt. >> didn't take long for nbc to remove brian williams name from the open and the show's branding. the network reportedly scrutinizing every aspect of williams' career right down to

his expense reports. cnn senior media analyst brian stelter joins us now. the subtle change speaks volumes. >> this is a story that has captivated the television world for the past week. and the word you use is perfect -- saga. it's such a personal drama going on. such a sad drama for brian williams so many people disappointed by the exaggerations that have been exposed. on the other hand there's a lot of people disappointed that he's off the air. that his name has been taken off the show. it was taken off their twitter and facebook feeds for the show last night. there's this sort of divide going on i think between people that want to see brian williams given a second chance and people including some at nbc who feel he's too scarred to return. >> now the rumor mill is churning and there's all sorts of gossip about whether or not there might be other infractions, i can't tell what's real what's a fishing expedition. do you have any sense if there are other things that are real that nbc is looking into. >> i don't think there's been

anything found as explicit and as approvable and as damning as the iraq war mission story. which we all saw change over time. we've laid it out in the past laid it out online. there are other curious details and stories that don't always seem to add up. but nothing as explicit as that what we don't know is whether nbc has found things that are more explicit i have not in my pursuits i haven't seen anybody else cover anything that seems as explicit maybe nbc has. they've certainly implied that in their statements this might be nbc executives trying to make them look like the good guys trying to make brian williams look like the bad guy. >> be careful not to be hoisted by your own petard. the big mystery to me is not what brian williams did. we know what he did if you're going to look through his expense reports, you're losing me as a critic. you're starting to create a bar no one else is living by.

what about their bar? how did he get to keep telling a story -- think about it if one of us made up a story, you would get a call saying don't do that again. >> even if it's not a negative thing, it's good to have those conversations and those kind of conversations should be happening between employees and bosses all the time. i'm sure they're happening with our viewers all the time. where were the nbc executives in this case. people are asking those questions and they're asking why is there not an external investigation being done. if this is being taken so seriously by nbc, why isn't there a review by a third party? >> i want to pivot to something that many people are waking up to try to come to terms with. we've lost a giant of a newsman, a tragic accident taking the life of bob simon last night. we were looking back on his career. i was curious about your thoughts you've been watching for a long time as well. >> the head of "60 minutes" called him the reporter's

reporter. he went where the story was, all around the world. 90% of his stories were from international locations, including the middle east. he was even held captive in iraq in 1919 for 40 days and wrote a book about it. we've been talking about credibility in journalism he had so much credibility and he had so much trust and he really show what is television journalism can be. think the key for bob simon, the key to his success was that he was a writer at heart and a story-teller at heart. those kind of values are everlasting, even in this digital age where so much is up in the air. that is going to last forever. >> 73 years old and still working, just working on a story about ebola for "60 minutes," and trying to find a cure for it he worked with his daughter tanya, who was a producer and collaborator. >> i suspect we will see that story this weekend on the program. >> he lived through too much to

die so young. will serve as an example for everybody that the craft is still about the right things when it's done the right way. >> brian, thank you. that is one story for you this morning. but there's a lot of news. so let's get to it. >> this is cnn breaking news. >> good morning, everyone welcome back to "new day," breaking news this morning on the crisis in eastern ukraine. after late-night talks between the leaders of france germany, russia and ukraine, a cease-fire agreement finally reached. >> what happens next? we don't know. but here are the facts so far -- a deal calls for an end of the bloody battle between pro russian rebels and the ukrainian government. the fighting is expected to stop by sunday. let's bring in senior initial correspondent nic robertson, joining us from minsk where the negotiations are going on with the latest. the rebels weren't at the table, nic and on the ground we're hearing this they say they're going to keep fighting. how do we make words into action? >> well it calls for a cease-fire to come into

immediate effect but full effect by saturday night into sunday morning. there will be a pull-back of heavy weapons there will be a demilitarized zone. the rebels separatists will have to pull back from their advanced position the positions they've advanced to over the past couple of months since the last time they went to an agreement like this. there will be elections, after the cease-fire agreement is implemented. we're told local elections, there will be a level of autonomy recked for the separatist movement in southeast ukraine. constitutional reform. there will be the issue of who controls the border between russia and the separatist groups. that's something that ukraine has said is very important. it does appear that over time the ukrainian government will get control of that border. a lot of this is really -- in the detail so this is a lot of it. that detail we have yet to hear about. and really words of caution. because what we heard from the

german foreign ministry today saying that not everything was agreed the fact that this took 17 hours to get to this point. an indication that perhaps this agreement, as good as it looks on paper right now, is really yet to stick on the battlefield. chris? >> and they had a good one before. you know and i remember being with you in kiev and you telling me how complicated this is. and word from the front is nic, that russian equipment still coming across the border. the rebels still wanting to fight so we do have to be skeptical. at least this is how do we see it a beginning to the process? >> it is part of a beginning. look i mean what the europeans wanted to get out of this was an end to the bloodshed. so it does seem if the cease-fire holds for now, they will get this pause. but you know one of the things that's not been addressed around the table is russia has denied russia has denied all along it's put troops put weapons into

support the separatists. so where does russia stand going forward on this deal? that's a very big and open question right now. whatever septemberists, whatever the ukrainian government are agreeing to at this moment. what's russia's long-term plan? that's what has a lot of people worried and concerned about this. >> nic robertson, thank you for all that. turning to the battle against isis the president formally asking congress to authorize the use of military force to take out the terrorists. the white house says it's not a large-scale ground operation. but the president's request does leave wiggle room if the threat evolves. let's get to white house correspondent michelle kosinski with some of the key points of the proposal that even democrats have some questions about this morning. >> an authorization really shapes the parameters of war. contains it. but this one actually ended up leaving lots of flexibility for things to change down the road. and when you look at this three-year authorization request. the only big restriction is

against enduring offensive ground combat operations or as the president put it long-term large-scale operations like what we saw in iraq and afghanistan. but who's to say what enduring means or how long that is? clearly, there's room for interpretation there. it also allows for the 2001 authorization against al qaeda and its affiliates to stand. and allows the president to fight isis wherever it is. as well as groups alongside isis. affiliated with it. and allows for other kinds of combat. some of which we've already seen. like special operations search and rescue calling in air strikes. so now this rests with congress. to approve it or not, come up with their own. and you have democrats who would like to see this more restrictive. you have some republicans who would like to see it less restrictive. so the white house is not necessarily expecting this to be easy. and they expect some tweaks. michaela?

>> easy to say the least. michelle thank you so much. in his war authorization request, president obama names the americans that have been killed in isis captivity. including aid worker kayla mueller. this morning we learn more about the failed attempts to rescue her. our justice correspondent pamela brown is following these developments live for us in washington. >> we are learning new details from the mueller family spokesperson. and according to her, she says that the family actually reached out to the white house last summer when isis set a deadline to execute kayla and asked if it would be willing to swap dr. sadiki for kayla. isis had asked for sadiki's release. and the family saw it in media reports and were looking for any option to rescue their daughter by the execution deadline. the spokesperson says kayla was still alive past the deadline. and we're learning that contrary to reports, the family never turned down a military operation because it was too risky. instead the family asked the

white house if it could be notified of any rescue missions following the failed rescue attempt last july. and as it turns out on a separate occasion kayla's boyfriend who she was kidnapped with tried to rescue her after he was released and he posed as her husband, apparently as a syrian terrorist training camp. kayla wasn't in on this ruse and she said she didn't have a husband, so that man was turned away according to a family spokesperson. but it is evident that there were many attempts to try to bring kayla home. chris? >> it's tough, pamela i don't know if it makes it easier or harder to know there were so many attempts. let's get perspective on this from somebody close to the situation. arizona congressman paul gosar, he represents kayla mueller's home town of prescott arizona, but were you more than a representative you were counsel for the family advocate for the family and we know there was a lot of activity going on and that ordinary criticism, that te government didn't try enough doesn't seem to be the case

here is that accurate? >> well i mean only people that really know that directly chris, is the white house and the family. i can't imagine what the family had to go through. they're very stalwart in what they had to go through. but there is some conflicting evidence that maybe the white house and the administration didn't do all they could. >> right, that's why they're coming out with the information about the rescues and such. the last time were you on you said you didn't believe isis but you knew more was going on. you were compelled to conceal. tell us why. >> well you know just their whole edict of how they use torture and when they did execute, they came up with proof. but you know people have to look at the goodness of what this young lady was trying to do. she was trying to reach out in a humanitarian way to help people. and you have to look at the goodness chris, that you know

prevails over evil. >> in many ways kayla represents the best hope. not just for us in our generation that we're going to have here. but will work in fixing the problem in that part of the world. military action doesn't seem to get it done. people who help defeat the idea seem to be the key. president obama said congressman, that the u.s. did everything it could do. do you believe that? >> well like i said i'm not privy to everything for those dictations i was led into little scant pieces here and there. but some of the evidence is showing that maybe that the attempt at raqqa may have been past due. that there was a closer window that they could have interceded in. but that's speculative, beyond my perspective. >> we know certain things they could have swapped a hostage for somebody else. and they didn't. the family asked them to do that. they could have allowed negotiations and they didn't. because of this somewhat confusing policy. given the fact that you are

going to have young people and old people like kayla, who are going there to work to live to try to improve the situation, do you think the u.s. needs to rethink how it deals with people when taken captive? >> the thing about it if we're going to pay ransom chris and we can start down that policy then every american going abroad will be subject to that same application. and then we have a problem all the way across the board. so it is a tough call. particularly when you look at somebody so young and so vibrant. but there's another side of that story is that when you concede it creates a big problem for us traveling abroad. >> one of the big challenges is that now that kayla is gone how do we best help the family as they move forward. the rescue attempts do you know if they knew? this suggestion that kayla had been paired off with some terrorist thug were they aware of that? >> i'm not sure. i'm not sure chris. once again, you know the family

let me in on certain aspects and kept me apprised of some of that aspect. >> one of your aides travelled to turkey to search for leads on kayla. that's an unusual effort. why did you make it? and did it help in any way? were you getting information from the administration to help your own efforts? >> what we did is there was an excursion for the chief of staffs to go into southern turkey. and that had already been planned for a different reason. so i just approached my chief of staff, would he be willing to go to the refugee camps to have to see if there's another lead they could actually follow. i mean you're in the location why not try. one of the things that we were taken aback was in reaching out to the embassy in ankara the person that he contacted, basically said go back to washington, d.c. and do it from there. i thought that seemed very odd, that you have somebody that at least made an attempt to find some leads on an individual in

the refugee camp that was not the greatest place to be in. and to get that kind of response from the embassy. so that was a little bit odd. >> well congressman gosar, thank you for going above and beyond what we usually imagine as the duties of a representative to the people in their district and thank you for sharing what you know with us on "new day." >> let's keep the family in your thoughts and prayers. >> absolutely. emotional testimony from the widow of chris kyle as the so-called "american sniper" murder trial gets under way in texas. taya kyle was the state's first witness against 27-year-old eddie ray routh, the man accused of murdering the former navy s.e.a.l. and his friend. on the stand she tearfully recounted the last conversation she had on the phone with her husband before he was shot at a gun range. two al jazeera journalists are free after two years in prison. they were imprisoned with an

australian colleague, charged with promoting terror. veteran cbs correspondent bob simon was killed in a car crash in new york city overnight. simon covered major overseas conflicts and reported for "60 minutes," a career that spanned five decades. 27-time emmy winner was just 73 years old. >> he could have gone on for ten more years. >> it seems like he was, he was working on that piece you're saying about ebola with his daughter. >> what a loss. >> what a shock, the cbs people our thoughts and prayer goes out to them and to his family. let's talk about this thing we've been warning people about, the snow and cold. more snow for the northeast, bitter cold temperatures for millions right in time for the weekend. jennifer gray you planned it well. how bad is it going to get? >> i'm back. it looks like we're going to see very very cold temperatures we're talking some of the coldest temperatures of the season by the end of the weekend. this morning, temperatures cold

already. sioux faulgslls, 14 below zero it's 2 in minneapolis. with a wind chill of 18 below zero, the frigid temperatures are going to move east as we go through today and cold air coming in behind it by the end of the weekend, highs in the teens in boston on friday. saturday a high of 22. back to 19 on sunday. new york city your high is 20 on friday we see lows in the single digits even below zero in boston by saturday morning. your temperature, 2 below zero. that's one component and then we have the snow. we're going to get a little bit of snow today and tomorrow that's not the big story. the bigger story is what's coming by the end of the weekend. we're talking about big-time snow again, possible blizzard conditions, windy conditions and a lot of snow. so we could see another one of these strong systems just like we've seen one after another. right in the northeast. and yes, boston one of the areas, in the bull's eye, could

see up to a foot of snow. by the time we get through monday of course maine could see well over two feet of snow. models do have a little bit of different opinions on this one. of course but boston is still in the bull's eye with mostly like 12-15 inches of snow. we could see eight to ten inches across places like vermont, new hampshire this is going to be another big one to impact the northeast by the time we get to the end of the weekend. >> oh my gosh. it will never not be winter. never. >> and we're looking at a third one possibly by the middle part of next week. >> a little bit of this winds up being positive attitude. yes, it's cold the snow is here. but you know -- >> this is historic. this isn't just winter. >> it's only historic until the next time. >> this is epic. what's happening. >> it's always epic until the next time. well back to one of our top stories, this one such a tragedy, three muslim students murdered in north carolina.

was this a dispute over a parking spot? or was it a hate crime? we'll speak with the brother of one of the victims, next. ♪ turn around ♪ ♪ every now and then i get a little bit hungry ♪ ♪ and there's nothing good around ♪ ♪ turn around, barry ♪ ♪ i finally found the right snack ♪ [ female announcer ] fiber one.

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i want to make sure that they're recognized for that and that the world realizes what we have lost. they all had so much to offer. and i just want to make sure that we continue that legacy for them in their name in their honor. and that all of us as americans

collectively -- not let their deaths go in vain. >> that was the sister of deah shaddy barakat, one of the three muslim students shot and killed at their home in chapel hill north carolina this week. police say the shootings may have stemmed from an ongoing parking dispute. but the victim's families think there's something deeper. joining us is deah shaddy barakat's brother, faris faris barakat. thank you so much for being on "new day." >> we're so sorry about this senseless tragedy. we cover a lot of terrible stories here. but this one is the one that i hear people talking about. in the elevators, and in the hallways. this one really has struck a chord, because all three of your family members seem to have been such special people. can you tell us a little about the vigil last night?

>> they're absolutely special people. and you know i'm seeing this from the inside i'm not seeing it from the outside, i can only imagine that the world hasn't seen anything like this before. because this news is literally everywhere. and i want to thank you guys everyone for the support for standing up against violence. and the vigil last night was amazing. as far as i can see, even on stage there were students at the university of north carolina chapel hill who were there to show support and be in solidarity with my family. and that means a lot to us and thank you very much. >> now, have you and your family been able to learn any more about what led up to this shooting? >> well we know is that yusar had not felt comfortable around mr. hicks on previous occasions. he showed up to the door before complaining about the noise that her friends made as they left the parking lot one day talking about how they had woken up his wife. and he came to the door and pulled his jacket up and said kind of indicate that he had a

weapon before. and yusar, being the passive and kind person didn't think much of it and we tried to show him, i tried to show him unconditional love in the sense thaw know we respect our neighbor deeply. and we love him as as we are taught to in our religion. so you know to show unconditional love and to have him use that gun instead of you know, maybe carrying it as his right to do so but to use it on my family he had no right to do that. and in rage or hate or whatever it is. definitely took over at that moment. and it's now between him and god on what's next. >> the police have said that they believe the shootings may have been motivated by quote an ongoing neighbor dispute over parking. and you experienced some of the neighbor's wrath yourself. when you went to visit the apartment. what happened? >> the first time i visited the apartment, this is absolute first time i came out and the

neighbor had come to my brother's apartment and said hey, are you guys parked out there? and at first i thought you know this guy is taking a leadership role in his community, making sure that people understand and that new people the new kids on the block understand what the parking rules are. and ever since then we've made sure to follow the regulations and rules. my brother after being visited by mr. hicks, repeatedly has repeatedly been to the office and has asked, is he okay to park here and here? they gave him the clear and they said if mr. hicks bothers you again, please call the police. and maybe they should have. but again we can't go back and think that maybe they should have or not. we know they're in a great place right now and that's what keeps us strong. >> your words are so heartening to everyone who is struggling with how to make sense of this senseless situation. what do you think -- >> we're not going to make sense of it. >> you're right. there will be no answer here. but what do you think really was

at the root of this? was this a about a parking spot? or was it as your sister-in-law believed and told her family that he was, he did have some sort of particular animosity against them? >> you know if i'm at work and someone spills coffee on me and i didn't think much of them maybe i wouldn't be so bitter. but you know if i was a bigoted ignorant man and i see muslim spill coffee on me it's going to be a lot worse. if i end up killing a muslim over spilled coffee. you can't tell me it's over spilled coffee. it could be partly based around the parking spot but the hate and the anger and the rage was not -- if it comes to where three amazing lives are taken from us, because of a parking spot? then we're in a more desperate state than i guess any of us have ever thought we would be. but we're not there. and this is what i'm telling you, it's not over a parking spot. we appreciate and thank everyone who has supported us on this

there's so much support on this. and again, my mom wanted to spread the message that don't fight fire with fire. don't fight ingnorance with ignorance. the judgment is between him and his god now. but unfortunately he doesn't even believe in god, it seems. such a bitter soul and we pray for him. >> your message and your mom's message are so powerful. hopefully everyone will heed them. can you tell us more about your brother and his wife and her sister? they sound like such special people and we know they were big parts of the community. what can you share with us? >> i have still, not fully uncovered what it had meant to me to have him as a brother. because sometimes i don't even think that i lost him. we were doing a press release and we were going as a family and my thought was okay who is going to tell my brother and is he going to meet us there? and all this news and at the vigil, i wanted to text my brother, man, check out all this

huge reaction. but -- soon after i realized that the reason we're all here is because my brother was taken from me. so i don't understand fully what it means to have lost him. he was an amazing person. and today you'll see many many people coming out to commemorate their lives, yusar was down to the core passive, kind-hearted and easy-going person and razar, a talented and easy-going person. i wanted to set up a face book for them. i knew i wanted to pool this energy and the first thought that came to my mind was, hey, i go to do hrazar. but she was taken from us each and every one of us i wanted to be in this experience and wanted to share it with them and every little bit i'm reminded as how i cannot do that. >> we understand.

i mean even though we didn't know them we feel your loss today. farris thank you so much for being on "new day" and sharing your personal story and we're praying for you and thinking of your family. >> thank you very much and thank you for all the support. >> thank you. we want to know what you think about this story. was it really a parking dispute? was it more? tweet us @"new day" or go to facebook.com/newday. congress and the president agree the u.s. must fight back against isis there's a political battle over how far we should go when it comes to putting troops on the ground. if so for how long? there's a lot to deal with and john king will do it for you on "inside politics." e spend every waking moment, thinking about people? why are we so committed to keeping you connected? why combine performance with a conscience? why innovate for a future without accidents? why do any of it? why do all of it? because if it matters to you it's everything to us. the xc60 crossover.

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a potential cease-fire in eastern ukraine has been reached. the fighting could stop as early as sunday. the leaders of france germany, russia and ukraine are set to sign the agreement, ending months of bloodshed at least temporarily. there is cause of skepticism. word from the front is that

russian equipment is still crossing the border at this hour and rebels vow to continue fighting. >> president obama has asked congress to authorize military force to combat isis. the president making it clear the operation would rely mostly on air strikes, prompting bipartisan skepticism. republicans want stronger measures, including the use of ground forces while democrats outraged the president even left the door open for the deployment of ground troops. tens of thousands of demonstrators taking to the streets to protest the houthis taking over yemen. yemen's former leader is gone after houthi rebels seized control of key government facilities dissolved parliament and placed him under house arrest. we have video shot by nbc station kxas in dallas for you. helicopter was over this

high-speed police chase, it ends after the suspect rams into two vehicles before side-swiping and rear-ending the minivan. the man and woman in the minivan got out of the vehicle and then dragged the suspect out of his car and brought him to the ground. police get to the scene. take the man into custody. they say he stole the vehicle from a convenience store, he's been charged with aggravated robbery and evading arrest. don't mess with texas. >> do not. let's get to "inside politics," on "new day" with mr. john king. happy thursday my friend. >> happy thursday to you, michaela i might see you in the next couple days coming to new york might pay you a visit. let's go "inside politics," a big debate in washington about the president's war request. with me to share reporting and insight, julia pace of the "associated press" and ron fournier of the "national journal." the president said he wanted to get congress's buy-in. yesterday they sent up the wording, the authorization of

the use of military force. the president says it will help him win the fight. but it has some restrictions. >> the resolution we've submitted today does not call for the deployment of u.s. ground combat forces to iraq or syria. it is not the authorization of another ground war. like afghanistan or iraq. i do not believe america's interests are served by endless war. or by remaining on a perpetual war footing. >> you cover the white house every day, nobody likes this on capitol hill. we'll get into some of the specifics of why the left doesn't like it, the right doesn't like it. they spent a lot of time working on it why did the president present it this way? >> the president spent a lot of time talking to lawmakers in both parties, but neither party seems to like this. that's couple reasons the president wants to do this it's important to note he feels he has the authority to undergo this mission without new legislation. but he feels like it sends an important message it could set a

precedent for future presidents that you should go to congress to ask for authorization. he also wants to be clear that he's putting a time limit on this and he's not seeking authorization for ground troops. and yet, even in his remarks he acknowledged that some of the provisions in this could be extended, we could end up with special operations forces doing small missions but being in the ground in very dangerous missions. >> you could interpret that there's no limits on time or very little limits on the numbers of forces. >> it shows the attention president has had during his presidency tweel idealism and pragmatism. once he gets in office he realizes i don't want to have limits on my presidency. that's what you're seeing here is the tension playing out. >> the "boston globe," the picture there, obama, biden, kerry and chuck hagel. four senator who is made their mark with anti-war.

>> nancy pelosi called the president's proposal a thoughtful draft. it's interesting when the leader of your own party calls it a thoughtful draft. it doesn't say it's a good idea. here's john boehner on the other side john boehner leading republicans saying this isn't tough enough. >> if we're going to authorize use of military force, the president should have all the tools necessary to win the fight that we're in. and his point, the president's point is he wants to dismantle and destroy isis. i haven't seen a strategy yet that i think will accomplish that. >> so republicans say the president is putting limits on himself and this administration concedes the next commander-in-chief will inherit this operations but democrats mindful of the george w. bush administration and the 2002 authorization for iraq say this is too vague for them. >> the other major issue is the language pertaining to ground troops, which is very broad. very ambiguous, none of us really know what "enduring

offensive combat operations means" and deliberately i think drafted to be ambiguous. >> so these guys can't agree on anything. so they've sent the president has a proposal a serious issue, that campaign against isis the war against isis. will they work this out? are they going to have hearings the democrats and republicans going to be able to figure out a consensus? >> bob corker said he wants to move on this quickly, wants to start holding hearings immediately. it's difficult to see how you resolve the differences here when the parties are so far apart on this. when you have one party saying it's too broad and one party saying it's not broad enough. where's the middle ground there? >> i'll give the president credit for putting this forward and keep working under the 2001. in congress they're finally stepping up and getting over their fear of debating this issue. we need to have a healthy debate. but the cynical side of me looks at these folks in congress they can't even agree on naming a post office. are they going to agree on a war resolution. >> i don't think you can

estimate how the shadow of the 2001 and 2002 aumf votes hangs over this there are a lot of lawmaker who is took a tough vote on the 2002 war authorization, who regret those votes. >> we'll watch how it plays out, how the 2016 republicans deal with this and any democrats who might be thinking of challenging secretary clinton. let's move on i'm tempted to move this part of the segment to the natural history museum at the smithsonian here in washington. across the pond in london. presidential candidates should stop going to london. scott walker the governor of wisconsin, jumping up in the polls in iowa and new hampshire gets asked this question about science. >> do you, are you comfortable with the idea of evolution? do you believe in it? do you accept it? >> for me i'm going to punt on that one as well. >> no. really? >> that's a question a politician shouldn't be involved in one way or the other. >> any british politician right

or left wing would say, would laugh and say yes of course evolution is true. >> to me i said it's one of those where i'm here to talk about trade, not to pontificate and i love the evolution of trade in wisconsin. >> got a couple of growns a couple of laughs scott walker tweeted after that both science and my faith dictate my belief that we are created by god. i believe faith and science are compatible and go hand in hand. >> that's no answer. >> that's not an answer. >> that's a dodge. he says, a punt. >> look -- you're right, he should stop going to london. and welcome to the big leagues, scott walker. i know there are a lot of supporters including him are whining, this is a manufactured controversy by the press and it has nothing to do with being president -- they're wrong. wants to be president, there's no questions off the table when you're president. >> his party includes an evangelical base that raises these questions in its questionnaire. not just us. >> almost half of his base

doesn't believe in evolution and if you don't believe in evolution that raises questions about the kind of leader you're going to be. are you going to accept things that are no longer a theory. evolution is a fact. it's not just a theory. >> it's worth noting in the clip you just played scott walker said i'm also going to punt on this. he punted on a whole range of issues. as a reporter and as an american you have to be frustrated with this if you want to run for president you're going to have to tackle a huge range of issues you're going to have to talk about them you don't want to talk about them. you're not going to be able to plan your talking points that carefully. you have to step up to the plate. >> he's an american leader laughed at by the brits. >> imit's is simple rule. >> this is a "forbes" magazine article that my producer found for me. in 2008 ten presidential candidates were asked if they believed in evolution.

and only one said yes, mitt romney. some of the questions might be out of bounds but again if you want to live in the big house, you want to control the nuclear arsenal. you want to make decisions about war and peace, you have to be prepared to answer anything. >> maybe their positions are evolving, politicians do that also. >> yes, they do. >> john hope to see you this week up here. there's controversy after a chicago little league team is stripped of its u.s. championship title. should the kids have po pay the price for adults accused of cheating? what makes it an suv is what you can get into it. what makes it an nx is what you can get out of it. introducing the first-ever lexus nx turbo and hybrid. once you go beyond utility there's no going back.

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works? works. works! works? works. works. good to have you back. an all-african-american little league team that won the u.s. championship and won the hearts of america has been stripped of its title. little league officials accused jackie robinson west team of violating residency rules. the tome that's been celebrated for bringing the city of chicago in a tough time. the question is should the children pay the price for what adults are accused of doing?

we're joined by two people who have a dog in this fight. this is vanitha green. a mom of one of the players on the team and along with her is reverend jesse jackson, president of the rainbow push coalition. can i ask you how brandon is doing right off the bat? i'm sure that he's trying to make sense of what's going on. >> brandon is a strong child. and i'm so blessed to have a child with much resilience as he is. he asked me this morning if we can go shopping for valentine's for his friends at school. so i think ice, he's okay. because he knows mommy is working on this. >> that's good to know. i know reverend i'll ask you a question in a second here. i know you, you, vanisa and your son were vocal at the press conference. you said that you were completely blind-sided by this news. and that the team was being stripped of its titles and being placed on probation.

>> this is absolutely true. no one from little league international ever communicated with any of the parents in i learned last night that they had not communicated to the league officials of jackie robinson west either. >> so you didn't know there was an investigation going on as early as last december or the fact that these, were you even aware of the residency rules to begin with? >> no we were not, we were not given any written documents as it relates to residency rules. when we originally registered brandon. and during several parent meetings, we were also not given any written notification as we supplied them with our proof of residency residency, via a light bill and brandon's birth certificate. to prove his age and also our state-issued i.d. and we

supplied all of this and none of the rules were ever spoken about. >> so you think there's something else going on here venisa? you don't think this is about rule-following per se or even some sour grapes on the part of our leagues that are upset that they didn't make it this far. what do you think is behind this? >> there is a hidden agenda. i have not unravelled it all. but i do know that this is the first all african-american baseball team in 50 years ago we couldn't even play the game of baseball. and now that we play and we've mastered the game again, the rules changed. there's always a set of hidden rules. in my experience. when african-americans are involved. >> our sports department told us there's two other all african-american teams that made it this far back in one of the '90s and one earlier than that. reverend jackson, let me ask you, you have taken a great

concern in this. what is your concern about what went on with jackie robinson west? >> one given the worst scenario that the harshness of the penalty, does not compare with the scenario that is to say, if this was a case of overage children playing, 14 15 manipulating birth certificates outright lying, that would be a case. here the children have been charged with nothing. yet they bear the burden of the sentence whether it is an in professional baseball if it's drugs or if it's a court bet or a deflated football it's retroactive on the individuals, not on the team. so to come down on these children this way, is unconscionable. >> the chicago mayor, rahm emanual, apparently had a call with the little league president and said that the players don't deserve to be punished. instead, the victims or the adults should be the ones sanctioned. he said you have turned them

into perpetrators when they are victims. >> some of them for example are facing at this school facing hostile reaction being called cheaters and liars. and this strange that a man who brought the case over in the park, a mother indicated in a press conference last night, her son was recruited by him. and her son did not live in evergreen park. there's a sour grape factor here. there will be a lawsuit filed, no doubt, and they'll have to deal with one set of rules. when chicago plays a mexico or taiwan or south korea, those are national teams versus local teams. part of the genius of the game is an even playing field and one to the rules if we do nothing other than reestablish an even playing field, that's a step forward for everybody. >> venisa i want to you make the point, this for you is more than just a game or a trophy or a title. it is important for you to have your son in little league.

explain to people why it's so important. >> it is important to have children at this age engaged in extracurricular activities. research shows that students and children who are involved in other activities are less likely to be involved in things that would have them punished by the law or end up where they are being buried or being shot in the city of chicago. and so we work hard to make sure that brandon is engaged in academic and sports activities after school. my husband and i. >> well venisa can we send a message to you and your son, let him know that we know he and the team fought hard for that victory. the adults messed up in this situation, it wasn't the kids, we still think they're champions in our mind. >> can i say -- emphasis must

not be trumped by access and inheritance, effort and excellence must matter. >> thank you to both of you. chris? bogus tax returns are on the rise gets sog bad the fbi is stepping in. how can it affect your tax returns? we'll discuss after this. your honey. the setting is perfect. but then erectile dysfunction happens again. you know what? plenty of guys have this issue not just getting an erection but keeping it. well, viagra helps guys with ed get and keep an erection. ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain; it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience

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it's a fact. kind of like shopping hungry equals overshopping. well it's almost tax time and turbo tax has a big problem. a surge in bogus tax returns filed with their software and now the fbi is getting involved. this could be bad news for your return. christina alesci is here with cnn your money report. what is the problem? >> well this new investigation comes on the heels of turbo tax saying last week that it had to suspend state filings because of an increase in fraudulent activity. so for most people the question

is what do you do from here? first off, don't respond to any suspicious e-mails looking for personal information. you could say that that is an obvious thing, but these things sometimes look will helegit. if you are the unfortunate victim of this kind of fraud, you need to fill out a slew of paperwork. you need to report it to the irs, the federal trade commission commission. file your tax returns early because there's two benefits there. one, this is supposed to be a terrible tax season because the irs is inundated and understaffed. you beat the thieves to the punch because if you file they can't file -- they can't file another tax return. >> is it safe to file your taxes online given this? >> i knew you were going to ask me that question. that is really a tough one to answer because it is really too early to tell. a lot of our personal information is already out all over the internet. there's an investigation underway. turbo tax is saying it's not our

software that's the problem. the fact is we don't know where these guys are getting the information, and just to put this into context, tax fraud is not a new phenomenon. the irs said last year it paid out $5.2 billion in fraudulent tax returns so there you have it. and more to come according to most experts. >> usually people are cheating on their taxes. >> exactly. >> and not being hacked. >> this is a whole new problem. >> thanks so much for that warning. >> absolutely. well breaking news. a deal reached in the ukraine peace talks, but what exactly are the terms and what are the chances the cease-fire will hold? christiana amanpour will be here to give us insight. this is an issue that gets bigger and bigger. alabama chief justice roy moore thumbing his nose on the supreme court. he says the law is on his side and he can block gay marriages in his state. is he? we take it on and put him to the test. "new day" continues.

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o e. >> a bit of a confusing situation for many of the separatist militants here. >> this is a broad agreement to

pull back heavy weapons. >> it is not the authorization of another ground war. >> i think it can pass but certainly not in its present form. >> the president says he wants to destroy isil i don't think anybody believes him. >> the supreme court is about to make a shift. >> why does it affect your life? >> enough's been said in the courts that there should not even be this issue. >> 21 states have failed to do anything in opposition to this. here in this state we've taken a stand. >> same-sex couples should have the same rights as anybody else. >> announcer: this is "new day" with chris cuomo, alisyn camerota and michaela pereira. good morning. welcome to your "new day." it's thursday february 12th. 8:00 in the east. news of an agreement to end the bloodshed in eastern ukraine. the leaders of germany and france reportedly reaching a peace deal with president of russia and ukraine following all-night talks, but there is reason for skepticism.

>> now the cease-fire is scheduled to begin on sunday once the agreement is signed by all parties. let's begin our coverage with senior international correspondent nic robertson. it's live in minsk with the latest. tell us how this all came together nic. >> reporter: 17 hours. a marathon session of talks overnight. it almost fell apart on several occasions. the ukrainian president at one point saying there wasn't enough on the table for him. the separatists saying the same. what we have right now, a cease-fire that should come into full effect by midnight saturday night into sunday morning. when that happens, heavy weapons get pulled back. then there is a demilitarized zone created between the two forces. the separatists are expected to pull back along much of their front line at the moment. if that is successful there will be local elections in the separatist areas. there is expected to be a change in the constitution of ukraine to allow this to happen. if all that is successful by

the end of this year ukraine may be able to take control of the borders between the separatist region and the rest of russia. that had been a major concern for the ukrainian government but this is far from the easily agreed -- easily achievable full agreement that all these diplomats heads of state wanted to get to. the german foreign ministry saying that they weren't able to reach agreement on all points. a lot of the details and the sequencing here may be the floundering and trouble ahead for this agreement as it stands so far alicesynalisyn. >> 24 is not -- this is not the first time we've heard of a peace agreement. will this hold? christiana amanpour reporting. >> reporter: good morning. >> moments ago french president hollande said quote, the coming

hours will be decisive whether this deal will hold. it sounds like it's quite precarious precarious. >> reporter: it is and it always is in these circumstances going back to many of the wars i've covered. any cease-fire agreement is never there and said until they are. they may have signed some paper but what happens on the ground between now and midnight local time when the cease-fire is meant to come into effect. the fact that they have agreed though is significant, and it comes, to be honest as russia has been making a lot of movement and won a lot more territory. under this agreement the russian backed separatist forces have to pull back to where their lines were back in september under minsk 1, so to speak. so it's not like they're going o win the territory that they have mill tearily seized in the interim between that cease-fire and this one. so that's important. and then they have to decide on you know more autonomy for that region. that's what the ukrainians have to do. and to allow, you know more representation in that region.

it will be very important to see all these heavy weapons pull back. it's a distance of between 50 kilometers and 140 kilometers from the front lines depending on the caliber and the size of those weapons. that's a pretty big deal. we have seen these come and go in the past and everybody's waiting to see really if it actually is implemented on the ground. interesting that the two leaders of the break away republics luhansk and donestk, while they weren't at the table, did sign this agreement. >> it's interesting as nick paton walsh reported from the front lines, the rebels haven't gotten the word. they say they have been deceived before. they have not gotten any word from their commanders so they're skeptical that this will happen by sunday. >> well the truth is that word takes a while to trickle down to the formations on the ground. that's a fact and it's always been like that in all these situations but to be frank, they have got the word.

their commander are the people who have signed on to this agreement backed by president putin who has given the word to the international community. so these are not autonomously acting actors. they are backed by russia president putin and of course by their leaders on the ground. so there is no excuse if they don't pull back because it has now been agreed to and confirmed by the president of russia. now we've seen this before you're right. it was broken the cease-fire agreement from september. the russians got a lot more territory. this is coming into effect when they have not yet achieved the very strategic town between donestk and luhansk. they've not gotten the strategic port of maripol. maybe there's face saving put on the table to manage to get putin to pull back. we'll see how it's interpreted. obviously having weapons on the table, in other words, the

threat of arming the ukrainians they have concentrated some minds. >> let's talk about the politics of this christian. who conceded the most in terms of this deal? >> reporter: look some might say president putin because they did actually dwayne more territory between september and now. others will say, you know the ukrainian president because he's actually seen so much territory eaten up. i mean at this point it's not about who conceded the most it's about whether this deal actually goes back to the status quo ante. in other words, makes ukraine whole and sovereign, actually gives ukraine full control of its international border which it does not have right now because the front line is way west of that international border. the agreement says he should have. we'll see whether that happens. and then whether the people of the east can actually get what was promised in the first agreement in minsk, a little bit more autonomy respect for their language being able to speak

their language you know those kinds of things without it being a break away repub zblik christiane thanks so much for giving us all the context this morning. great to see you. >> reporter: thank you. now to the president's plan to wipe out isis. he is urging congress to authorize military force. his plan does not involve boots on the ground in iraq or syria but it does leave the door open in case the threat evolves. let's turn right to white house correspondent michelle kosinski with the key points of this proposal and obviously the expected push back. >> reporter: this is interesting. it's basically the president saying to congress how much should i be able to do and not do against isis? this balance between tailoring it to isis but leaving flexibility in case things change down the road. of course they likely would. you see that balance in there. i mean in this three-year proposal there is really no big restriction except one. it does not authorize enduring

offensive ground combat operations. as the president put it no long-term large-scale operations like what we saw in iraq and afghanistan, but how long is enduring? what does that mean? clearly there's room for interpretation there. there's nothing in here that would restrict say, short term smaller scale combat. it also allows that 2001 authorization against al qaeda and its affiliates to stand. allows the president to fight isis wherever it is and groups that would be fighting alongside it. also other kinds of combat like special operations rescues, calling in airstrikes. some of what we've already seen. there are some democrats who would like to see this whole thing actually more restricted. some republicans who would like to see it less restricted. now it's up to them to hash this out. there will be debate hearings and likely tweaks. chris. >> good. it's their job under the constitution michelle as you

know whether or not no declare war, and that's what this is by any other name. let's discuss the fight against isis and the president's new war plan from somebody who understands what is needed on the ground. pentagon press secretary john kirby. admiral, always glad to have you on "new day." i know you do not like to wade into the political waters and i am not deft enough to make you do it -- >> thank you. >> -- so instead, please what i'm going to ask you to do is to lay out the justification militarily for these things. the immediate push back will be enough is enough. we don't need to do any of this. it's not working, the bombs. they have all of these foreign fighters coming at an unprecedented rate. they're gathering land. it's not working. no more. what do you say? >> well here at the pentagon we have been saying this for a while. this is going to be at least a three to five year fight against isil from a military perspective. i would say the strategy we're implementing we believe is working. we have put immense pressure on

these guys. they're not taking new ground. they're starting to see problems that they're not getting the recruits. they're starting to constrict. they're losing revenues every month. financially they're under more pressure. we've got a coalition of 60 nations that are coming together to really try to degrade their capability. the strategy is working. secretary hagel was very clear that he supported this proposal by the president because it would give our military commanders the flexibility they need the agility to being after this group, a group, chris, which you know is trying to metastasize, to grow to get influence outside iraq and syria. it's really important, i think, for military commanders to know that they've got the flexibility to be able to prosecute combat operations against them in places other than iraq and syria if necessary and in ways that maybe we can't even predict right now. >> you say trying to grow. the other side says is growing. unprecedented rate of growth which shows their vitality despite the bombings. they're using what you're doing against them as a recruiting

tool. they're calling for the attacks in paris. that's their new m.o. nothing will help them address the root causes of those problems. this is a distraction and further ground down the wrong road. >> well i would say when we said this from the very beginning, chris. this just can't be a military fight. there has to be other elements to the strategy. there are. diplomatic economic political. the authorization to use military force is just that. it's an authorization to use military force. it's to characterize the scope of military involvement against them but it doesn't and it shouldn't be considered as the full scope of everything with respect to the strategy against these guys. our focus here in the pentagon is going at them militarily. there are two key components to that. one is kinetic pressure airstrikes as you've talked about. two, it's helping enable the capacity the combat power of our partners on the ground the iraqi security forces, also military syrian moderate

opposition in the future. >> there's that word in there about ground troops enduring. you've been answering questions about it all morning, i. sure that that is the word that catches the attention. it shows that you guys are being handcuffed by politicians. they won't put you on the ground because they don't like the political pressure. they say they want it about the coalition. the region isn't stepping up. they've given you a window to put you in a situation where you may be put in there in a halfway scenario. we don't want our fighting men and women exposed to it. >> secretary hagel fully supports the authorization language that the president put forward and as you promise you're not going to make me get into political debates here. >> i lied. >> this is a discussion that has to happen now between the white house and congress and that's the appropriate place for that discussion. again, from a military perspective, what commanders need is the flexibility and the agility to continue to prosecute kinetic operations against this very deadly very determined

foe. >> you know that a big part of the resistance on the part of the american people is their feeling that they care about the welfare of the fighting men and women. that's why they're pushing it and i know you know that. one quick question off topic. yemen. there's mixed reporting on it. there are all these reports circulating that there are troops that may still be there trying to defend. people are looting. who is there from the u.s.? what is the real deal? >> thanks for the question. i appreciate the opportunity to kind of clean it up. so there are no american military personnel in saana. the embassy has been evacuated and all the diplomats and all the military personnel that were at our embassy complex are gone. there are reports american military personnel are still guarding the complex, that is not true. that said chris, we still have a military counter terrorism capability inside yemen. we do have some number of special operation forces that are still operating in yemen. as a matter of fact chris, some of the training that we're conducting with the yemeni

security forces is occurring outside saana. we still have the capability to conduct counter terrorism operations. i've said this from the podium. we'd like to see our ability to conduct counterterrorism operations in yemen to continue. that is always better easier more effective when you have a partner on the ground. that's a little bit uncertain as the political situation continues to unfold. we are still capable of conducting counterterrorism operations in yemen. >> i wasn't really lying. i wasn't trying to put you in a box. i knew you wouldn't go there anyway. thank you for being on "new day" as always. >> thank you. an emotional day in the trial of the man accused of murdering former navy s.e.a.l. chris kyle and his friend. after the opening statements kyle's widow taya took the stand. she recounted a telephone conversation they had before he was shot and killed by 27-year-old veteran eddie ray routh.

routh was in the grip of a psychosis when he took their lives. tens of thousands of commuters on the b.a.r.t. rail line in san francisco may have been exposed to the measles. officials say an infected person rode the train for rush shower for three days last week. that unidentified person also died at a san francisco res straublt. >> blast from the past. remember the former co-chair of sony pictures amy pascal. she's breaking her silence. we got to know her from her personal e-mails. she calls the embarrassing breach of privacy, quote, strangely freeing. pascal also characterized her departure from sony as a firing. the studio calling it a mutual parting of ways at least the way uncoupling wasn't used. >> do you remember that picture, that awkward picture of angelina -- >> yes. giving her the hard grab on the shoulders. >> i wonder if angelina jolie finds it freeing that they came out. there's that update. then this story that so many

people are talking about. three muslim students gunned down execution style in chapel hill north carolina. was this a hate crime. and the supreme court says a ban against gay marriage in alabama is illegal. the state's chief justice, roy moore, says they're wrong. and he is ordering lower court judges to ignore this ruling and he says the law is on his side. what is this really about? is he right? is there a bigger fight going on? it matters. he's with us on "new day." we will test him ahead. is it that we can do that is impactful?" what the cloud enables is computing to empower cancer researchers. it used to take two weeks to sequence and analyze a genome; with the microsoft cloud we can analyze 100 per day. whatever i can do to help compute a cure for cancer, that's what i'd like to do.

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three young muslim students shot to death execution style in north carolina. their neighbor in custody and charged with three counts of murder. police say, quote, an ongoing dispute over parking may have been a factor in the shootings, but they did not rule out the possibility of a hate crime. let's bring in congressman keith ellison, the first muslim elected to congress. congressman, thanks for being with us this morning. >> thank you for inviting me. >> boy, what a tragedy this whole story is when you hear about the lives of these three students. do you believe that they were targeted because they were muslim? >> i think there are enough facts in the record to pursue that as a line of investigation. there certainly are some facts to indicate that this may -- their religion may have been a factor so i think that it's very

important that we pursue this and get to the bottom of it. i am confident based on my review of the facts that the parking answer is certainly not the whole story. >> and when you say -- what are your review of the facts? what are the things that lead you to believe that? >> newspaper articles. newspaper articles i've read and also people i've talked to in north carolina who have told me that there was some history between the people that there may have been comments about -- there may have been some comments referring to you know religious clothing or clothing associated with certain religious practices. you know what i want to say is that it's prudent for us not to jump to a conclusion but it's also prudent for us to keep all options open including the possibility that it was a bias motivated crime. i don't want anybody to jump to any conclusions, i want us to keep our minds open and follow the facts where they lead us. >> in fact, the suspect's own

facebook posts do tend to point towards him having a problem with religion. it's not clear -- >> right. >> -- which religion. i believe he self-identified as an atheist. he seemed to have a problem with all religion. he says given the enormous harm that your religion has done in the world, i'd say that i have not only a right but a duty to insult it as does every rational thinking person on this planet. again, unclear who he's talking to there, but he had an issue. >> yeah he certainly did have an issue, and i think that there were a number -- more than one contact that had been going on. they were killed execution style so if the whole story about the parking were accurate you would think that it would happen at a parking place where there was some kind of an argument. that's not happened. so the bottom line is that i think there are a lot of facts here. this very well could be a bias motivated crime but the real point here is you've got three lovely americans. they were raising money to help refugees in syria.

one was a very talented artist young, married couple and a young, talented college student. and i think that you know these young people were extraordinary but they were not unique in that they were young people who are muslim doing what other people are doing every day which is trying to make this a better place try to contribute their talents to a better america, better world. that was the main point. at duke yesterday there were 10,000 or so 5,000 or so people gathered. the chancellor spoke. deah's mother spoke and talked about how he stood for love, against fear and hatred and we should never turn on each other because of these horrible tragedies. that is what's right in this short aftermath after the deaths. there will be plenty of time for police investigation, for justice to prevail. right now let's celebrate the lives of these awesome young people and remember that we have so much more in common. these were not muslims that were killed, this is a husband and a

wife. this is two sisters. this is a young dentist student, young artist. so much more than their religious identification. >> such a great point. they were really roll models it sounds like in their community. while we have you, congressman, we want to ask you about the authorization for military force that the president asked congress for yesterday. are you comfortable with how he outlined that request? >> well i'm glad he did outline the request. i think that's important and appropriate. it shows respect for the congressional role in declarations of war. by the way, that is what i see this as as a declaration of war that we're being asked to consider. now having said that i'm not comfortable with the broad geographic scope. i think that this should be limited to geographic theaters. if the president wants to go to yemen, somali somewhere in the world, then that needs to be the subject of a new aumf. i think it's a good thing for the white house and congress to be talking about constantly

about the most important decision that any member of congress will ever make which is to declare war. i think that we also have to understand that this is a multi-faceted conflict and it certainly expand well beyond military means to resolve it financial restrictions on the terrorists stopping them from selling oil, gathering the international community, the regional community to encircle them. there are a lot of factors to consider but i guess my point is i'm glad we're in this dialogue but we need to narrow the scope a little bit more for my comfort. >> congressman keith ellison, thanks so much for being on "new day" and sharing your thoughts this morning. >> thank you. any time. we want to know what you think about this crime in chapel hill north carolina. was it merely a parking dispute or was it a hate crime. you can tweet us at new day or tweet us at facebook.com/new day. roy moore is blocking same-sex couples from marrying even though the u.s. supreme court has approved it. what's his next step? we're going to ask him when he joins us live.

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here we go with the thursday edition of five things you need to know. president obama is asking congress to authorize military action against isis. kayla mueller the latest american to die in isis captivity. u.s. intelligence officials say it's unclear if she was coerced, sold or perhaps forced into that pairing. a cease-fire agreement has been reached in eastern ukraine. leaders of france germany, ukraine and russia negotiated throughout the night. this agreement calls for both sides to put down their weapons on sunday. tens of thousands demonstrating taking to the streets to protest shiite muslim rebels taking control of yemen. this after the u.s. brittain and france shut down their embassies after growing security concerns. a legendary news man has been killed. veteran cbs correspondent bob simon killed in a car crash in

new york city. the town car he was driving in hit another car and slammed into metal highway barriers. the 27 time emmy winner was 73 years old. we update those five things to know so be sure to visit new day cnn.com/new day. the fight for gay marriage is not over. the front on both have come together in alabama. the state's chief justice is blocking same-sex weddings, and we're going to test him on why. ♪♪ there's confidence. then there's trusting your vehicle maintenance to ford service confidence. our expertise, technology, and high quality parts mean your peace of mind. now you can get the works, a multi-point inspection with a synthetic blend oil change tire rotation, brake inspection and more. $29.95 or less.

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this special financing offer ends presidents' day at sleep train. ...guaranteed! ♪ sleep train ♪ ♪ your ticket to a better night's sleep ♪ welcome back to "new day." same-sex marriage became legal in alabama on monday by order of a federal ruling by a court. the judge issued an order saying law and god is on his side. the question is do those two go together in this instance. we have chief justice moore with us this morning. appreciate you taking the opportunity, your honor. >> thank you, sir. >> so the basic question is and i know there's a lot of legality here we don't want to get too into the weeds for our

audience because they're neither jury jurists nor lawyers, at least not at your level. the question is the federal law should rule and it says to the attorney general of your state, allow the marriages to go forward. why are you resisting that? >> because that's not the federal law. what you're confusing is law with an opinion of the justice and that's the basic fallacy which all this is built upon. what did one lone judge in alabama federal court says is not law. if it were law, then the united states supreme court wouldn't be meeting to determine this issue in april through june. >> two things your honor. first, this -- >> yes. >> -- appeal for a stay went all the way to the supreme court. the stay was denied. that is the supreme court saying follow the district court order which is what is telling your state to allow the marriages and as you know the history of your

state very well better than i, district courts are often the tool for change let's say with segregation. if your state hadn't followed those district court orders you may still be in a different position legally. your response. >> well, what you're saying is injunction was not lifted it remains in effect and that injunction applied only to the attorney general of the state, no the to the probate courts of alabama. indeed that's the difficulty in this camp by the federal court to control the state of alabama and its federal intrusion into state sovereignty. even she admitted after that fact that she had no right, no power, no authority to intrude into the probate court of mobile county and probate court judge john davis. >> she did not have to because the district court by ordering the attorney general to effectuate the marriages was reaching out to the top law enforcement official. i would offer that you are drawing a distinction without a

difference your honor, because probate judges are function air ris. it is not necessary to reach out to them. it is necessary to reach out to the top law enforcement officer and that's what was done by the district court. >> that's incorrect, sir. you want to get deep into the doctrine of the young doctrine in 1908 and that attorney general did not have the function of the probate courts. in fact he stated that very clearly in his affidavits. that power over the probate courts is under the administrative direction of the chief justice of the supreme court and that's myself. >> in all of these cases it has been the attorney general, that's why the order is usually directed to them. i understand what you're trying to do here you're trying to defeat the federal law. the question is why? >> no i'm not trying to defeat the federal law. there is no federal law and that's the point. no judge in the united states or federal district court has the right to invent the definition

of marriage which is not even contained in the united states constitution and that's the problem. we have people going in trying to mandate to the state of alabama that the sanctity of marriage amendment in our constitution is wrong, and that's simply not right to do. >> well it certainly is right. that's how this works, right, is that the federal law says that a state law is discriminatory and they change it. and certainly the distinction you're trying to draw with the district court, you don't have an independent case in front of you, your honor, about your own marriage law. this is about gay marriage in general and the equality in general and that's why the district court is able to say it. again, you're right. we shouldn't get into the thickets. i would suggest something else looking at your letter that you wrote to the governor of alabama. for you, marriage is about the divine institution. it's as true as your words and as the pin on your lapel. you want to say that god says marriage is a certain thing and

you don't want to hear anything else about what a definition of marriage could be. is that a fair suggestion? >> no that's not a fair suggestion. i go by the law. of course i believe marriage is defined by god, but so does the united states supreme court. in the case of murphy versus ramsey they said that marriage and family are the basis from the holy union of one man and one woman in the state of mat triy money any. that was clearly the united states opinion and it's been in state courts across this country and especially in alabama we've recognized it as a divine institution in our law. naturally it existed hundreds even thousands of years before the united states even came into existence. >> right. but we are a nation of laws and not just god's law, and what your state did in 2006 was what many did, which was you tried to define marriage to exclude, and what happened in u.s.v windsor the case that is on everybody's lips now because it changed it

is that those laws that define marriage as only between a man and a woman are unfair and fail the test of equal protection. you know that. you know that when they meet this spring many people believe the supreme court will affirm this and say that state laws and constitutional provisions like your own are unfair. the question is why won't you accept that definition of marriage? >> first, when the supreme court meets i believe state's rights is going to be a big part of this. i don't believe they have the right to push upon the state a definition which this state does not recognize, indeed which the united states constitution does not recognize. in fact in london versus virginia in 1967 when they declared interracial marriages could not be prohibited correctly so they referenced marriage as the right of free men and women to enter into pursuit of happiness. they quoted basically out of the declaration of independence which said that god gave us these rights we hold these

truths to be self-evident that all men are created equal and endo youed by their creator that among these are life liberty and the pursuit of happiness. they're unalienable because they can't be taken away. >> of course they can, your honor. that's what happens. it used to be legal to have slaves. your state had a lot of laws on the books like other states where times changed and those laws had to change and this is another example of that. >> slavery was wrong and in 1857 when the supreme court of the united states declared in dred scott that black people could be property one justice dissented. he said when a strict interpretation of the constitution according to fixed rules which govern the interpretation of laws is abandoned, the theoretical opinions of individuals allow to control its meaning. we have no longer a constitution. we're under a government of individual men who for the time being have the power to declare what the constitution is

according to their own views of what they think it ought to mean. those words by benjamin curtis are exactly what's going on in the united states supreme court and the federal courts of this state -- of this nation today. >> and just as they were -- >> the united states supreme court hadn't ruled on this issue. >> they will. they had ruled on what the substance of it is. you've had a federal court tell you to marry people and you're not. i would suggest that based on what we're hearing right now, your refusal goes to what you believe marriage is about and not just to the law. >> no. >> because just because -- >> no. >> but here's the thing. here's why i'm saying it your honor. obviously it's for you to answer for yourself. the definition of marriage was agreed 81-19 in your state in the passing of the constitutional amendment. times have changed, as they did with slavery, and the population no longer feels the same way. and even if your state people no longer feel the same way. you are clinging to a definition that you believe is divine. you said it in your letter to

the governor. >> no. >> you know that divine basis -- >> you're incorrect. >> i'm reading it. >> you're incorrect. >> i'm reading it right here. >> you're incorrect. >> how so? >> do you want to hear my answer or do you want to keep talking? >> yes, sir. please. i'm done talking. >> okay. 81% as recently as 2006 said it was the definition. they haven't changed their opinion. the only thing that's changed is one federal judge has come in and tried to force upon this state something which you cannot do. her opinion is not law and that should be made very clear. the law according to the united states supreme court and the federal district courts is an opinion of a federal judge cannot -- cannot mandate to state courts how they should judge under the law. that's the law in every state. it's the law in the united states. >> it's happened many times. >> they said that in 1996. >> the supreme court had an opportunity to stay this district court's opinion, which they very well could have done and they did not, reinforcing the effect of that. >> staying opinions -- staying a

temporary injunction which applied only to the attorney general is not a ruling on the law, sir. very clearly. >> your honor -- look your honor, what this comes down to is you didn't have to do this. you've created a basis to do it you didn't have to do it. >> i had to do it. >> you had to do it because it matters to you personally. this is just like the ten commandment situation. you were told by the federal courts remove the ten commandments from the public square. you didn't want to. and you wound up losing your job because of it but on principle you felt you did the right thing, isn't that true? >> on principle i did the right thing but it's not about the ten commandments and it's not about my feelings it's about the law and my law, the alabama law -- >> you said that as well then. >> i said the chief administrative officer of the judicial system and i must act when the jurisdiction of the probate courts is interfered with by one lone judge who has no power or authority to tell them how to interpret the

federal constitution. under the supremacy clause it's quite clear that the judges in every state shall be bound thereby. it states that basically state judges have the authority -- do have the authority to interpret the united states constitution. in arizona case out of the united states supreme court they said that very specifically. they said we not only are not free we are bound to interpret the united states constitution. >> this is exactly how the discrimination got removed in states like yours. district courts putting through rulings that the states then had to -- >> nobody's arguing about racial discrimination. >> it's about discrimination. >> it's about sexual -- it's about sexual preference. >> it's about discrimination. >> overcoming an institution which has existed in our state, in our united states for centuries. and i think it's wrong. >> but it's about discrimination. in 2006 you created a

constitutional amendment that by design discriminated against gay people and now you are being told by the federal law that is wrong. >> again -- again -- again, that is a constitutional amendment, the alabama constitution and it's clearly within the bounds of state law and federal law. again, there is nothing in the constitution about marriage. how can judges go in and define a word? they're doing exactly what they did in 1857 -- >> they just did it in u.s.v windsor. they just looked at the defense of marriage act and said you cannot define marriage as between a man and woman. >> that was between congress and it did not affect the state according to the ruling in windsor. >> you can't say the court hasn't spoken about t. it was the exact same issue. it wasn't a state law. that's why we're having the next case in june -- >> again, saying the court -- i can say the court spoke about it because they said this does not apply to the state, it applies to the federal law passed by congress. >> that's right, because of the

specific issue before them and now they're meeting again in june and if june comes and they hold the same way, then what will you do? >> then i will do what the court should -- or what the court should have done under dred scott. if it's an unlawful mandate, you don't have to recognize it. you can recuse from the case. you can dissent. you can dissent to the united states supreme court just like you can dissent to anything else. >> if the supreme court causes it to be stare decisis, we both know what that means, the case is decided the law is you cannot discriminate against people on the basis of their sexual orientation and marriage you will have to follow it will you? >> chris, let me ask you something -- let me ask you this chris. >> yes, sir. >> would you follow the -- would you have followed the order in dred scott saying that black people were property or would you have followed the order in plessy versus ferguson that says separate but equal was the policy of the united states? can you answer that please?

>> your job as chief justice is to administer the law. >> you didn't answer it chris. >> i am not the chief justice of alabama. it's not my place to answer. >> i'm asking you if you were the chief justice of alabama, would you follow plessy versus ferguson and dred scott when they were issued. yes or no? >> you follow the law of the land. that's what our nation is based on. >> you can't answer it chris, can you. >> here's why. you cannot duck your responsibilities by putting them on me your honor. they didn't elect me to be chief justice. >> i'm not ducking my responsibilities. i will follow the law, sir. >> so you'll allow gay marriage when it goes forward if it happens in june? >> i said i will follow the law as i interpret it. >> that will be the law by any definition. >> if i can't follow what the supreme court says i'll recuse from the case but i'm telling you that you can't answer the question because you can't admit yourself that plessy versus ferguson separate but equal and dred scott were wrong decisions and should not have been followed by the lower courts

under the united states supreme court because they were against the constitution. >> you were trying to impose a false standard for people and you know the law doesn't work that way. we don't always like it. you take the right routes to appeal. you did the same thing with the ten commandments. the law was clear. they weren't supposed to be in the public square and you went against it anyway. what did i just say that was untrue? >> united states supreme court is the final arbiter of this decision. >> yes. >> they have not made their decision. what you're trying to do is ask me what i would do when they make a decision. >> yes. >> i'm telling you they should not make a wrong decision because it would be a wrong decision just like dred scott, just like plessy versus ferguson and it's clear those were wrong decisions in the united states supreme court and if you were a justice or a judge in a court after that you probably would have followed the wrong decision of the you states supreme court. >> so you think gay marriage is wrong, right? just say it? >> i think gay marriage is an

alteration of the definition of marriage and the united states supreme court does not have the authority or the federal courts do not have the authority to interpret a word that disputes the constitution. the tenth amendment is very clear. the power's not delegated to the united states by the constitution nor prohibited by it to the states or reserved to the states respectively. >> is equal protection a matter for the supreme court. >> this is reserved for the states? >> is equal protection a matter for the court. the answer is yes. >> everybody has a right -- everybody has a right to equal protection. >> yes. >> and so does an equal application of the law. every person in this country and in this state has a right to marry a person of the opposite sex according to the -- >> and why not same sex. that's clearly within the bounds of a reckoning of equal protection. >> why not do that? >> that's not in historical definition of marriage never has been. it's going to be created if it is created, which i do not

believe it should be or would be. >> you don't believe that as a matter of personal opinion, right? but times change definitions change. >> right. >> we didn't believe blacks were equal to whites. that changed. >> i believe that's a matter of law because our rights contained in the bill of rights do not come from the constitution they come from god. it's clearly stated -- >> our laws do not come from god, your honor, you know that. they come from man. >> let me ask you one question. let me ask you one question chris. is the declaration of independence law? >> you would call it organic law as a basis for future laws off of it? >> i would call it the organic law because the united states code calls it organic law. it is organic law because the law of this country calls it the organic law of the country means where our rights come from. and if they come from there, men can't take -- >> our rights do not come from god. that's your faith. that's my faith, but not our country. our laws come from the collective agreement and

compromise. >> it's not a matter of faith, sir, it's a matter of organic faiths. we hold these truths to be self-evident that all men are held equal and endowed by their creator. the only role of government is stated in the next sentence is to secure those rights for us. the government starts taking those rights away from us then it's not securing and it is defiling the whole purpose of government. >> understood. here's the thing. yes, you're right with your principle of where you want to extend government and not, but it's about this case. it's about this set of equal protection issues and you don't even have a rational basis for why marriage should only be between a man and a woman. you need to have a rational basis. >> it's about this case you're right. in this case the federal district court cannot be extended to the state courts because it's an opinion on her law. >> the supreme court disagrees with you. >> if it was a law the united states supreme court wouldn't be meeting, would they?

it's her opinion. >> the supreme court -- >> it's her opinion. >> because it told you to follow it. >> the supreme court -- the supreme court addressed an injunction that applied to the attorney general of the state of alabama, not to my opinion and not to the law. >> legal scholars say the that that's a distinction without a difference. they say that the attorney general is good enough. you work for him. >> i think that distinction is the complete difference. i think that distinction is the complete difference. her opinion is not a law. >> but they are functionaries. >> you know why -- >> they're just function air ris here. they don't have to be addressed. >> no they're function air ris sworn to the united states constitution and the constitution of alabama as allstate officials are under the supremacy clause. >> you don't feel that you are sacrificing -- >> not about feeling. >> well, it's obviously about feeling. your letter is about feeling. you're citing that marriage is about a divine institution. you are putting god before the laws of man. >> i'm not putting god before

the laws of man. >> it's about your arguments of faith. let me just make the point and then you can take it anywhere you want. >> okay. >> when you take the rules of your religion and you put them on everybody else that is not what we do in this country. your definition of marriage is based on your faith. you've said it a hundred times that it is derived from god. that is not how it works here and you know that. equal protection applies to all by compromise and you would need to even have a rational basis for why it can only be between a man and a woman and all you can say is because god says so. it's always been that way. that's not enough. >> i've never -- are you going to let me answer? >> absolutely sir. please do. >> okay. i've never said that's about my faith and it's about my religion. it is not as a matter of fact. it's about the organic law of our country which states very clearly that our rights are pursuit of happiness quoted in loving versus virginia come from

god. now god gave us that definition and that definition has remained in america for many many centuries till -- for two centuries and even before that till just recently. now i'm just simply saying the people of alabama have a right to put in their constitution -- >> that's right. >> -- that marriage is between a man and a woman. that doesn't dispute anything. >> it certainly does. it certainly does. >> it already has. >> it certainly does. >> the question before the court -- the question before the court is whether that definition is constitutional. that's to be taken up by the supreme court in april. so we'll wait and see what they say. >> you've already had the federal court speak on this many different venues. they're going to do it again in june. you've said -- >> the federal courts have intruded -- the federal courts have intruded their power into state sovereignty in over 21 states in the recent two years. that's wrong. >> well -- >> that's wrong then and it's wrong now. >> in your opinion, but the

supreme court has said otherwise. if it says so in june you still say you wouldn't follow it. i don't know how you can be the chief justice of a court and not follow the law of the land. that's all. >> chris, the supreme court is taking up this issue because courts of appeals across this country differ on that issue. >> absolutely. >> that's why they're taking it up is because united states court of appeals differ on those issues. and that's why they're taking it up. >> but state by he state -- >> you can't say it's the law. >> state by state they're all going the same way. >> you can't say the law -- you can't say what the law is with the united states courts of appeals differ on this very issue. >> you can't say that even if the supreme court rules against your personal position you won't follow it because it offends your faith. you can't do that as chief justice. >> i said i would not -- i would not oppose the law except with an opinion or a dissent. that's what i said. >> no, i asked you would you follow it. >> i would not recognize the law. >> i asked you if you would follow it and you went into a

word salad about whether i would follow it. >> plessy versus ferguson. >> i am not the chief justice. >> well you can't answer the question either. >> you answer it first. will you follow it if they decide in june that gay marriage is equal protection. >> i will recognize -- i will recognize the united states supreme court opinion is binding over the state courts. me personally i will make that decision when it comes, sir. >> you will make that decision when it comes? that's -- that's all you can do. >> now you answer my question. you answer my question. >> my answer is this is that -- >> would you have obeyed plessy versus ferguson and dred scott? >> the job of being a jurist is to follow the law. >> answer the question. >> yes, you would have had to because it would have been the law at the time. you would have dissented, you could have quit. >> that's exactly -- you would have had to accept the law what it was at that time. that's how it works. >> that's exactly what -- that's exactly what benjamin curtis did. he dissented and that's --

>> but you're not a supreme court justice. you are not on that court. you are being told what to do. >> i'm a supreme court justice of the state of alabama. >> but not of the united states and that's who decides. >> i'm not of the united states i recognize that chris. that's kind of obvious. >> well listen i'm not trying to be disrespectful, your honor, but -- >> i'm not being disrespectful at all, chris. i'm just asking you to answer a question. i think you've now answered it that you would have followed the fact that they said black people were property and you would have obeyed that law. >> i would have bound to. >> you also said you would have followed plessy versus ferguson which said separate but equal was a proper policy and you would have obeyed that law. >> i would be bound to. >> you wouldn't have dissented. >> i would have bon bound to. >> would you have have dissented. >> that's what i will do. >> because that's not where yours is. >> that's what i would have done. that's what i would have done chris. i would have followed -- >> i would not dissent against this one because i understand the law --

>> that's an opinion. it's not evolution. law does not evolve it's made by congress and made by the state legislatures and it's made by constitutional amendments, not by federal court judges who make the ruling. >> i understand your honor. thank you for coming on and discussing it with us on "new day." we'll come back to you in the future. appreciate it. literally this satellite window went down that's why we lost chief justice moore there. we appreciate him for coming on. alisyn and michaela it's a tough debate to have. he's a supreme jurist for that state elected but it shows this issue is far from resolved. >> absolutely. fascinating conversation. >> as you mention, there's a lot of news to get to. we'll do that. we'll hand it over to carol costello in "newsroom." >> have a great day. "newsroom" starts now. and good morning. i'm carol cost