state. let's get to phil black live in iraq. what is the situation on the ground there, phil? >> reporter: that's where i am. the top of sinjar. the town of sinjar. not long after they invaded iraq they triggered an enormous crisis in this region when the population of sinjar neighbors, they fled the town up to this mountain. this is the area where i'm overlooking now. it is a town that is still completely under isis control. kurdish fighters are starting to move in from the north of this town from the side of the mountain. it is a difficult task. hundreds of thousands of people live there. it will be a long difficult job to free this town. it is an area that has put kurdish peshmerga fighters on the offensive as opposed to trying to contain isis. isis has been on the move on other parts of iraq. near the town of al baghdadi

that's seen heavy fighting over the last 24 hours ago. concern, it is very close, just a few miles from an air base where there are hundreds of american military personnel involved in training. iraqi army air fighters there. it is increasingly an area of iraq where isis has maintained military momentum over the iraqi army over the local sunni rip tribesmen that have been trying to stop the advance. this is also getting very close to the iraqi capital baghdad. meanwhile, across the north of iraq where the kurdish fighters have done a much more effective job, they reported over the last 24 hours, they've come under significant fire. they think this is part of the isis tactic to attack them on multiple fronts in order to distract them. distract them from the main strategy which is most big city in that isis still holds.

>> please be safe. so from what phil is telling us with isis on the move what's going on here in the united states? congress and the president are going back and forth on the latest war authorization request. what are the sticking points and the potential timing for any progress? let's go live to the white house. what do we know? >> well chris, this is off to a rocky start on capitol hill. lawmakers from both sides of the aisle and both chambers in congress have blasted this resolution. really setting up hard debate ahead for this resolution. democrats continue to say that this is way too broad. republicans say it's too narrow. and republicans are in the ironic position of wanting to give the president more authority, and they want to loosen the language. so, on capitol hill they'll spend the next weeks and the next months debating this. they'll tweet the language. they'll hold hearings try to get this resolution to something that can pass. but administration officials tell us there is the very real

possibility that congress could in the end come up with nothing. now, if that happens, expect for president obama, the white house to continue on. the president has been clear that he believes he has the authorization to move forward without congress on this by the 2001 authorization of military force. but, of course the preference from here at the white house and for president obama himself is to have a united front with congress. back to you. >> okay. thanks so much for all of that. so for more on the isis activity in iraq and the president's war proposal let's bring in former army general mark hurtling. good morning, general. >> good morning. >> let's start with the anbar province the fighting going on. isis is apparently taking control of that city? so how imperilled are our hundreds of troops there? >> i wouldn't suggest that it's going to be anything critical. and i think as phil black reported just now, it is an attempt at distracting away from

mosul. that's the key prize right now. and i think the preparatory motions of both the coalition air and the iraqi security forces ground forces are preparing to re-take this critically important city. and isis strategy is to try to pull people away from actually encircling that city and preventing their reinforcement. i wouldn't say that any of these minor skirmishes going on in either anbar province or against the kurds are anything significant. that's what my contacts are telling me as well. >> beyond the apparent distraction that you say they're trying to cause. what's the significance of al baghdadi. is this the hometown of the head of isis? >> it is what he claims poppy. and for your listeners that might not understand the way things the way people the way terrorists name themselves. they usually say abu something from somewhere. so abu means "the father of."

in this case from baghdadi. you see those kind of in many of these criminal terrorists who take on leadership roles. >> so let's talk about the orz authorization of war requests. and you can feel free to call me allison. >> i'm sorry, allison. >> i know it's early. let's talk about this war authorization request. it seems to have pleased no one. democrats find it's too broad. republicans think it's too tame. what do you think of this request from the president? >> well as you just said, it's much too early to bring in war theory, poppy. you not only have to have a very strong army but you have to have the will of the people and the support of the government behind you. i think that's what the president's trying to do. he has a strong army. the people of america are somewhat mixed in terms of what

they want the strategy to be in iraq and syria. and the government has been arguing about it. so actually, throwing the aumf the requests for military force on congress and having them continue to debate it is the president's way of saying hey, i'm the executive. i'm going to do what i need to do from a strategy perspective. if you want to argue about this go ahead and do that. but i think he wants to avoid the silliness of phrases like mission creep and boots on the ground and really get to the strategy. and he's allowing congress to debate this. if they don't come back with a better solution he has the authority to act as the executive anyway. >> general, let's remind people what's in the war authorization. ground forces for rescue operations. missions to kill isis leaders, intelligence collection and air strikes. but here's the part that seems to be the most controversial, or at least the sticking point. there are limitations. here let me read it for you. the authority granted in

subsection "a" does not authorize the use of the united states armed forces in enduring offensive ground combat operations. apparently people are confused about what enduring offensive operations mean. what do you think of that language? >> the phrase that is part of the letter the president wrote is no large scale, long-term ground combat operations. and that tells me what he's attempting to avoid is the extended presence of large bodies of american forces. now, we're going to have advisers. and he's said from the very -- the president has said from the very beginning, if the military needs to accompany forces on the front line tell me. as we go into mosul, there'll be the need for advisers and tactical controllers all in the aumf as well. but what he doesn't want is large formations to be there several years at a time. i believe in reading the aumf that it is a very flexible

document. it allows for the ability to address the key issues in iraq and syria. and i think that's what the true beauty of this document is. >> general, great to see you this morning. >> alison again, i apologize. >> i accept your apology. have a great weekend. >> you, too. >> we'll hear from the white house on the offensive and the ongoing debate when we are joined live by white house press secretary josh ernest in the 8:00 hour of "new day." >> and there are suggestions about what the president can do in this situation that don't necessarily have constitutional backing. we'll put that to the test. on to ukraine, military officials reporting more than eight soldiers killed more than 30 wounded in fighting. civilians also reportedly killed. what does this mean for the chance of a successful cease-fire two days from now? remember russia was at the diplomacy table. not any actual rebel contingent. is the word and the reality on

the ground the same as -- for a report from the ground senior national correspondent nick peyton walsh live in ukraine. >> we've been hearing in the past few hours. and the separatists say that in the neighboring region three people were killed in sheling overnight. and that yesterday, in a town far from where i was standing three children were also killed by shelling. ukraine also reporting casualties on their side. the fear is that agreement didn't actually say what the boundaries should be. it let the two sides potentially fight it out until the end of saturday. to live with borders they may have to contend with for months if not for years. with violence swirling around the key town hundreds if not thousands of ukrainian troops but the separatists say they've encircled inside of it. the fights could intensify ahead. so many questions unanswered, so little time left ahead of that

cease-fire and so much that could derail it. back to you. >> all right. thanks so much. the case of three muslim students shot execution style in north carolina is being investigated as a hate crime. jean casarez live from chapel hill with the latest. good morning, jean. >> reporter: you're right. last night the fbi announced they'll begin a preliminary parallel investigation to see if this was a bias crime, a hate crime. meanwhile, while that was being announced last night, there were vigils across this country honoring the three young muslim students who were slain. the heart and soul of it was right here in north carolina. >> reporter: overnight, hundreds uniting in continued grief and anger across north carolina. >> these three people as long as they were were a source of inspiration, warmth and light for our community.

>> mourning the murder of three muslim students sister abusallah, all shot and killed execution style, police say, allegedly by their 40-year-old neighbor craig hicks. family and friends believe the three scholars and philanthropist were targeted because of their muslim identity. at the funeral thursday -- >> this has -- >> reporter: the father of both female victims called for justice. >> we don't care about punishments. we care about acknowledging this. and protecting every other child. >> reporter: as thousands in attendance knelt down in prayer police were going door to door talking to neighbors. >> we're just canvassing and all we're doing at the moment. >> police say hicks shot the students over an ongoing parking dispute at their apartment

complex. neighbors' reaction mixed. >> i've been a homeowner here for 15 years. not at one point has there been an issue with parking. >> when it came to parking he was pretty adamant about no new people no new cars. >> a law enforcement source tells cnn, hicks told police he went into a rage after he saw a car belonging to one of the victims parked in what he claims was his spot. >> reporter: and we have learned a little bit more about the defendant in this case. he is actually a full-time student at a technical college here in durham. he's set to get his diploma in may. he's facing the rest of his life in prison. i want to tell you i was at the vigil last night. i cannot tell you the pride on that campus with the hundreds of students there. so many speakers including the governor of north carolina. and i think the overall theme was that the faces of these

three young muslim students slain will forever be the face of their cause of acceptance in this country. alison? >> jean it's so emotional. we're going to be talking to two of the victims' best friends. and they disagree actually, about what the motive was here. so stick around for that. thanks so much for all the background reporting. well nearly two dozen marines recovering from an accident at the air ground combat center in california. officials say a fire extinguisher system inside the assault vehicle went off unexpectedly exposing the marines to fire retardant gas and sending them to the hospital. none of the injuries is said to be serious. this morning, two journalists are free for the first time in more than 400 days. a court released them on bail until the re-trial later this month. the two are accused of supporting the banned muslim brotherhood. a third journalist was freed about two weeks ago and deported home to australia. a federal judge has ruled on

same-sex marriage in alabama again, making it clear, again, that all judges and relevant members of the state must start issuing marriage licenses to same-sex couples immediately. the chief justice of alabama has already defied a federal court order and a u.s. supreme court ruling by telling probate judges in the state not to issue same-sex marriage licenses. the question. so now what? that was an epic debate you had yesterday. >> i got more phone calls. >> it was a testing. but this only takes away his idea about probate judges. it only applied to the attorney general. that is not a solid legal reckoning. the attorney general is the respondent defendant for the state. >> but without -- his argument the judge's argument he's not going this on principle. he has legal grounds because the supreme court haunt decidesn't decided yet. >> you have to be legal when you're discussing legal things. there is a statement, the clause

isn't as simple as what you think it is. and he has basis in who is supposed to tell him what from the federal court. but the idea that the attorney general isn't the probate judge was always what they would call like a specious premise. if you're in alabama, start issuing the licenses. >> it'll be interesting to see what happens today. >> yes, i would love to be a fly on the wall in his office this morning. another winter storm targeting new england. snow-bound boston could be facing another blizzard. jennifer graham meteorologist. i'm not just repeating a piece of tape from two weeks ago. this is happening again. >> yeah, three weeks in a row. but all the elements are coming together once again, and once again a blizzard watch in effect. and that does include boston and all of coastal maine and goes up through coastal maine, including massachusetts. we also have a winter storm watch, included in that for places inland. let's time this out for you. we are going to see quiet conditions the rest of today

through the first half of tomorrow. that's when things start to change. we start to see the snow push in throughout the day tomorrow. that includes tomorrow evening. also, through sunday morning, and we are going to have incredibly windy conditions. talking about possibly 12 inches of snow across coastal massachusetts all the way up through maine. so we're also looking at cold temperatures guys this morning, the windchill is 10 below zero in boston we're going to be talking about winds 40 and 50 miles per hour possibly 70 miles per hour 70-mile-per-hour winds along the cape. so that is substantial. we're also looking at cold temperatures guys that are going to stay in place through the weekend. back to you. >> slight prediction valentine's day weekend, we're going to see babies in november. just saying. >> exactly. >> good spin. good spin. >> i like it. that's the silver lining. thanks so much for that. so brian williams being called into question even more of his reporting, we have the

latest for you. plus david carr, just collapsed in the newsroom. just 58 years old. his colleagues everybody, obviously stunned. the question is, what happened?

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well the first week of brian williams' suspension is wrapping up. suspended six months without pay after he admitted a story about his experience in iraq wasn't true. but now we're learning about possible red flags with other stories that williams has told. including some about the navy s.e.a.l. team six. >> reporter: may 2011 a black hawk helicopter is engulfed in flames after navy s.e.a.l. team six successfully killed osama bin laden. the special ops team set fire to the stealth aircraft after it crashed in this courtyard. an attempt to destroy the helicopter's critical technology. in an interview with david letterman in january of 2013 brian williams had this to say about a piece of the burned out wreckage. >> about six weeks after the bin laden raid i got a white

envelope envelope. and in it was a thank you note unsigned and attached to it was a piece of the fuselage the fuselage from the blown up black hawk in that courtyard. and i don't know how many pieces survived. >> wow. sent to you by one of the -- >> yeah. one of my friends. >> reporter: but that relationship is being questioned by members of the special operations community and could be one of the things an internal nbc investigation is focused on. then in 2012 during yet another letterman appearance that perhaps raises the most questions, williams goes further. >> i flew into baghdad, invasion plus three days on a blackout mission at night with elements of s.e.a.l. team 6, and i was told not to make any eye contact with them or initiate any conversation. it was like horses in the gate right before a mission. this guy had a wristband with his human target that he was after when we landed.

was one of the members of the deck of cards, one of the leadership targets. they are amped. this is the best we have. and until he reached into my box of wheat thins, my last remaining american food it could have been a wheat thin commercial. because this hand the size of a canned ham goes in, i lost half of my net supply of wheat thins. but then i chatted him up and admired a knife as part of his utility belt. darned if that knife didn't show up at my office a couple of weeks later. >> whether he'll be allowed back at that office is being decided by nbc. john berman cnn, new york. >> joining us now, host of "reliable sources," brian stelter. incredible stories, a series of them coming to light. and so many more questions about the voracity of these stories. >> you say the word incredible. and maybe that's the key here. are that tie incredible?

and this is a series of stories getting scrutiny. and deservedly so. not just external outlets like "the huffington post" that wrote about this yesterday. it's nbc doing the scrutinizing. i heard they are nowhere near done their probe, fact-checking investigation of brian williams. thinking about bringing in some sort of third party investigator to help them with that. we also know that nbc's legal counsel is involved. meanwhile, brian williams is not being allowed to say anything. he can't defend himself. he may have defenses to all of what we've heard but we're not hearing them -- >> part of the terms of the agreement. >> that's right. he's under a contract. heavy they've got him on the bench. more and more questions come up and more and more journalists outside nbc keep finding more examples. >> we should point out that nbc has declined to comment, actually about the latest stories to come into question. i want to pivot to something that's come to quite a shock to those of us in the journalistic world. and to you, i know personally

we lost a great voice, a great man, david carr passed away suddenly. and i know he was a mentor to you. i had no idea that you had the connection that you did. but you sent out a tweet. i want to show the tweet. i know you've taken this quite personally. >> he was the closest thing i had to a father in recent years. he was the media columnist for the "new york times" for the last number of years. this is a picture of us together at a film festival. he's trying to give me a kiss on the cheek. that's who he was. there's a famous scene in the documentary we were in together called "page one." where he says i was a robot sent to destroy him. i was this kid in the newsroom this terrified 22-year-old at the "new york times" in 2007-2008. and i thought someone like david carr -- and this is a scene from the film. i thought someone like david carr was a god. which he was, at the time. i also thought he would ignore me at best and crush me at best. he mentored us and instilled us

a deep appreciation for all of the things we've been talking about in the past week. credibility and trust and voice and journalism. >> we actually have a little bit of sound. i'd love to play that so people can remember. let's take a listen to the documentary page one. >> is that a bridge to the future? or wait it's a gallows. right there's the dream come true. >> that is a great media experience right there. >> yeah. >> you know what it reminds me of? >> what? >> a newspaper. >> reading the paper on a tablet. >> he had such a love ferocious love for the "new york times" and for his friends and family. i don't know what we're going to do without him. he was the best and most important media reporter of our time. and he was explaining this revolution that's happening to the world around us.

he always knew he's the kind of guy i went to when i was ready to propose to my wife. when i had trouble at work. he's the kind of guy i went to when i was thinking about joining cnn. he always knew what to say. can i read to you one line from his book? >> i'd like this. >> he was a drug addict in his 20s. >> recovering -- >> real struggle early on. he was given a second life and a second chance. he wrote in his book i inhabit a life i don't deserve. but by all walk this life feeling we are frauds. it's ended just far too soon for david carr. and, especially, on a week like this. we need him on a week like this. bob simon's death, brian williams' fall jon stewart's signoff. so much going on in this media world and we'll all be a loss without him. >> you certainly are. and we thank you so much for helping us remember your friend

your mentor and a great, great man in the world of journalism. thank you so much brian. >> thanks. >> chris? the american sniper murder trial. certainly one to watch. the prosecution case so far is all about what happened after, after the defendant took chris kyle's life. does it prove that he was not insane? and, remember when supreme court justice ruth bader ginsburg appears to doze off during the state of the union address last month? or is she looking at her shoes? no we now know what made her so tired.

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[whispering] because i have responsibilities. ...i mean that's really interesting, then how 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. isis on the move in iraq. the militants taking over the town. attacking an air base with rocket fire where hundreds of u.s. marines are training iraqi troops. this is the same base that was struck by mortar fire last year. information from an al qaeda laptop has reportedly been a gold mine for u.s. intelligence. according to the "new york times," the laptop seized last fall after a raid on an al qaeda leader's hideout in afghanistan

contained key information about the terror group's plans in afghanistan and pakistan. officials telling the "new york times," the information has led to an increase in night raids on al qaeda and the taliban. the case of three north carolina muslim students shot execution style is now being investigated by the fbi as a possible hate crime. the announcement of this follows an emotional prayer service at the chapel hills campus. thousands came out to pay homage to the young victims. we're also learning more now about the suspect. craig steven hicks about his alleged violent past. neighbors say he always carried a gun, he was threatening and seemingly obsessed with parking spaces. well now we know why justice ruth bader-ginsberg appeared to be snoozing during the state of the union address last month. do not blame the speech. blame the wine. last night, at an appearance she explained she'd had a little booze. >> the audience for the most part is awake, because they're

bobbing up and down all the time. and we sit there and stone faced, sober judges but we're not -- at least i wasn't 100% sober. because before we went to the state of the union -- we had we had dinner together. and justice kennedy brought in -- >> that's the first intelligent thing you've done. >> well there was a time you came to those dinners, especially, it was very fine california wine that justice kennedy brought. and i vowed this year just sparkling water. stay away from the wine. but in the end, the dinner was so delicious, it needed wine to accompany it. >> to pair it with a nice california wine. i appreciate that. >> who hasn't been there? okay? >> love it. i love it. >> yeah, especially at that speech. you know it can only be so good. >> that's right. takes a lot of espresso.

>> it's always nice to see the nine humanized, as well. >> it's so rare. >> what goes on beneath the robes. >> yeah. all right. so the new york knicks they're terrible. but new york will still be the center of the basketball universe this weekend. and host nba all-star weekend. and you can't talk about all-stars without bringing in this man, andy scholz. >> after what they've been through the first half of the weekend. before we get started with all of the festivities. there was one game on the schedule last night. it was a big one. looking for their 15th win in the last 16 games. taking on the bulls. you know derick rose not an all-star this year but looked like one last night. he poured in 30 points to lead the bulls to a 113-98 win. now, ochkf course you think of the bulls, think of michael jordan. gatorade bringing back one of the best jingles of all time.

♪ ♪ like mike ♪ . >> it's making a comeback 23 years after the debut. it's going to air during this weekend's broadcast on tnt. this jingle was so good they made it into a single sold more than 100,000 copies. i was one of the people that bought one, by the way. for the first time ever it's going to go from the court to the cat walk. lebron james is producing a fashion show tonight, eight players, they're going to be judged in three categories. the board room they're walking the runway night out -- they're on the judging panel. it's going to air on television tomorrow night 6:30 on tnt. it's going to be exciting. some of the stuff these guys wear to the games and postgame interviews. they're going to bring it tonight. >> one of the little known competitive angles in the league. they are really into what they wear. >> absolutely.

>> dwyane wade those guys they come up with interesting outfits. >> do they have a fashion line? >> he does. he has some socks. >> step it up. >> all right. congress struggling with the president's request to authorize military force against isis. the proposal is drawing skepticism on both sides of the aisle. so what are the chances it'll pass? ♪ ♪ [ radio chatter ] ♪ ♪ [ male announcer ] andrew. rita. sandy. ♪ ♪ meet chris jackie joe. minor damage or major disaster, when you need us most, we're there. state

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welcome back to "new day." u.s. and coalition forces launching new air strikes against isis targets in iraq overnight. chris? >> this as congress wrestles with the president's request to -- his proposal is reviving a debate about the scope of wartime powers that the commander in chief should have versus they've been giving them. it's a whole big deal. let's talk about cnn political commentator and republican consultant margaret hoover.

also a host on sirius xm radio, editor in chief of "the daily beast" john avalon. can we take one beat on this? there's no question. you haven't had to suffer this yet. this is your baptism to my problem with what's going on with the use of -- >> go ahead. >> the president is saying look, it'd be nice if they'd authorize this for me but i don't need them to. i believe this is the latest step away from the constitution and even the war powers act of 1973. congress has been abdicating its war powers to the president successively over generations. and i think we're going to go farther than ever before with everyone agreeing the president is right. he doesn't need congress. >> chris cuomo -- >> a conservative argument. you and sarah palin and rand paul all in an argument together. >> he's right. i think you're right. >> margaret hoover says chris cuomo is right. >> it's getting weirder. >> new coalitions everywhere, right?

new coalitions. >> i mean this is one of the underlying debates. the problem is the practicality of course as the president of the united states already troops on the ground for not -- excuse me not on the ground. air strikes for six months. and, so blatantly six months later he's coming around to congress and saying look i don't need to do this, it's the right thing to do. >> i'm going to go fairy tale. i believe that this is the goldy locks of war authorization. some people think it's too hot, some think it's too cold. some think it's too ambiguous. what's congress going to do? >> they're going to fight about it because nobody agrees. you have everybody from marco rubio saying forget if you're going to win a war, give the president limited authority. and hopefully the president's smart enough to get it done as quickly as possible. this is just as we all know, this is a long war. likewise, you have libertarian noninterventionist republicans pairing with progressives on the left who don't think that the

president should be involved and want to use their constitutional authority to prevent the president from getting involved. so you do have these new coalitions everywhere. >> yeah. >> and i think there's going to be an open debate that's going to be really messy. which frankly, that's what the democratic process should be. and hopefully we can tease a strategy out of it. that's the overlying problem. >> the reason we've already been engaged for six months. and there's certain -- >> that's why we've been engaged for six months. the reason it never ends because nobody owns it. >> that's right. and nobody wanted to take this vote before the midterm elections. they were all politically terrified. and now you've got some really interesting things. the backdrop to all of this is a serious hangover from the first -- in the wake of 9/11. and that the way, and the administration wanting to keep in place. but the precedent really creating caution on a lot of members of congress on the left and right. >> do we need to keep our eye on the presidential contenders to see what they say about this? >> i think most of them aren't splitting the difference.

they all have been very clear about what the premise of their foreign policy is. marco rubio's not hiding it. we know rand paul -- >> they believe in voting for the president's war authorization act? as it stands? >> no, i think everybody has their own view of it. i think everybody wants their own version of the aumf. >> to extend the metaphor. what they want is to eat the president's lunch on this and to be able to say i would have done something different. i would have done it better. that's all they're going to say. and that's all that's needed right now. >> this is a tricky game right. ted cruz will say, you know he's not using the phrase radical islam enough. marco rubio saying degrade and destroy. and rand paul trying to move the conversation to hillary clinton and bernie sanders, didn't want anything to do with it. these are fascinating debates. >> have a great weekend. >> you, too. well, stunning testimony in the american sniper trial, eddie ray ralph led police on this high-speed chase. but it's what he said before and

after that chase that had the courtroom shocked. we'll show you that. the real question that needs to be asked is "what 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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doug, we have the results, but first, we have a very special guest. come on out, flo! [house band playing] you have anything to say to flo? nah, i'll just let the results do the talking. [crowd booing] well, he can do that. we show our progressive direct rate and the rates of our competitors even if progressive isn't the lowest. it looks like progressive is not the lowest! ohhhh! when we return we'll find out whether doug is the father. wait, what?

welcome back to your "new day." the alleged american sniper killer had told an officer that he had taken a couple of souls. and he also said he had even more to take. all right, now that has been revealed during another day of testimony in the case where we really see the prosecution is heading now. so let's break it down with our legal panel joey jackson, legal analyst, criminal defense attorney paul callan. all right, so today, let's just go through both of you. put your minds in the prosecution's side. their first element, which i thought was a little interesting, the guns. the guns come up. kyle and littlefield, the two men who lost their lives both had safeties on their guns they were loaded, they were in the locked holster position. why is that relevant paul callan for the prosecution? >> they're demonstrating a cold-blooded killing here. obviously, these were trained military men who would've gone

for their guns to defend themselves if they could have. instead, they didn't even get a chance to reach for their guns. they're establishing a cold-blooded killing. >> if i had to take the other side of it joey why wouldn't the defense say, oh, it also shows they had no reason this was coming because the man was insane. >> and that's the argument. in addition understand that we're talking about a grip of psychosis. we're talking about paranoia schizophrenia. and someone in that state of mind certainly is going to attack people because those people could attack him. and so i would argue that the fact that the guns wither in the locked position and they were away doesn't really go to show anything but the paranoia of the defendant. >> what's the balance for the jury? sick or bad? sick or bad? all right, so now, taco bell becomes relevant because he ate afterwards. afterwards means everything to the prosecution, paul. why is afterwards so important? and how does this figure in? >> well this is why i have to

disagree with my esteemed colleague here mr. jackson. he says he's in the grip of a psychosis. and, remember the psychosis is he thought he was going to be attacked and he was defending himself. what has the prosecutor put on the board? he shoots them in the back. they both have their safeties on, and then he goes and gets a couple of burritos to eat. does that sound like someone who is caught in the grip of a psychosis? or somebody who planned a cold-blooded killing and so remorseless he went out and ate afterwards. >> sounds to me like someone in an extreme grip of psychosis. i don't know many people after killing someone and shooting them five, six, seven times in the back is going to go and eat burritos. and furthermore, in handling murder cases as you've handled plenty and i have myself people who shoot people they get nauseous suffer from extreme anxiety. they're doing and looking to do anything other than eat. the fact that he's eating shows he's not mentally right. >> what does it mean that when one of the friends of chad littlefield calls his cell

phone, eddie answers the phone. why did he take the phone? what does it mean paul? >> well you know i think that there's an indication they were both worried about what was going to happen, possibly. and this is coming up as an issue in the trial, what went on in that car. you're talking about the car. >> he took his cell phone. they say when one of the friends of littlefield called looking for him, there's rumors of the murder spread that someone answered the cell phone, but it wasn't littlefield, it was ralph. how does that fit in with being delusional or insane? >> paranoia delusion everyone's after me. i'm taking the phone. i'm taking the pistol and i'm getting out of here. >> the subtext here though everything cuts both ways in this case. to the extent and joey raises great points this shows how crazy he is. it shows the jury what a danger he is. he plans, he kills, he's remorseless. are they going to give him the benefit of an insanity defense? i don't think so but it goes both ways. >> joey says if you are insane

that's why you make the run for the border to taco bell. the prosecution says no he was making the run for the border period. there was a high-speed chase. he was saying crazy things. now, we have to unpack that. paul the prosecution, they like this part. they like the dash cam video of them saying stay here and he takes off because -- >> well it's compelling riveting testimony of somebody fleeing the scene of a murder. it's consciousness of guilt as lawyers call it. >> compunction. >> he knew what he was doing. knew he had done wrong. killed human beings and was fleeing to avoid responsibility. >> it shows paranoia, delusion. >> add into it -- why, something the prosecution didn't bring up. but a big moment for the defense yesterday, they say, how about what he was saying? >> absolutely right. >> is the apocalypse coming? i feel someone's eating my soul. out there stuff. how does that -- >> chris, that's the point. you not only have to look at the flight and say, oh it's consciousness of guilt.

you have to look at the behavior and what he was talking about. about the apocalypse about how he took two souls and he has more to take. about how everyone's out to get him. how he feels insane. these are the ramblings and the musings he was engaged in at the time he left. >> and in texas, the apocalypse means an awareness of right and wrong. taking a human soul means he knew he was doing wrong. and under the texas law if you know you're doing wrong when you do the killing, you're not insane. >> the apocalypse means i'm not right. i don't know anyone who talks about the apocalypse on top of being apprehended. >> paul callan with a nice spin of recognition in texas of biblical implications to the word apocalypse. because here's why, and it's certainly not a laughing matter because the stakes involved in the trial. they have laid out the man does

lots of things that shows recognition of what happened in the car, the shooting range and that flies against insanity. we're far from over. thank you very much. >> thank you, your honor. >> thank you. >> i am no judge. we know that. we know that all too well now. this is just one story. there's a lot of news this morning for you. let's get to it. isis back on the offensive. >> if isis is going to be defeated it is going to be have to be defeated by the muslim nations in the region. >> i'm concerned they're not doing enough to save these mos taj hostages but to win the war. >> you went to the state of the union this year and fell asleep. >> i was 100% sober because before we went to the state of the union -- >> i just felt like we deserve what everybody else has. >> i think gay marriage is the operation of the definition of marriage in the united states supreme court does not have the authority. >> absolutely clear that the

judicial power of the supreme court -- >> this is "new day" with chris cuomo. >> good morning, everyone. welcome back to "new day." isis is attacking an air base in iraq where hundreds of u.s. marines are training iraqi soldiers. the terrorists taking over the entire town. >> causing massive security concerns because the same air base they're attacking, under heavy fire a few months ago. so what does this mean about the momentum in this. let's get to phil black live on the ground for us in northern iraq. phil, from the ground, what do you know? >> reporter: well chris, at this location the west of iraq there's been fierce fighting there over the last 24 hours. and what we're hearing from officials, the entire town is under the control of isis. it is yet another piece of land that they have grabbed, it would seem successfully in a region where they have maintained

considerable momentum against the iraqi army and sunni tribes concerning because it is so close to the capital. but when it comes to this particular town it is also just ten miles from the al assad air base where hundreds of u.s. military personnel are involved with training the iraqi military the iraqi army. what we are now hearing is even more concerning this morning from iraqi officials. and that is that not only have they taken the town of al baghdadi but moving to the al assad air base. and officials say isis has sent at least eight suicide bombers in that direction towards the air base. so far, they have killed that number eight. it is clearly still very much a fluid situation. but one where the base is under, it would seem, some degree of threat. u.s. military says it has often consistently come under mortar and rocket fire. nothing serious, nothing damaging. this could be difference. chris, alison? >> that is a very troubling

update you've described. tell us what's happening around on the ground where you are. >> reporter: behind me here in northern iraq is mount sinjar an isis-controlled town. there were hundreds of thousands of people living there before isis invaded. but then, most fled witness accounts said many were executed. many others were also abducted. it is still very much firmly under isis control. local fighters in the streets as we speak. we can hear the gunfire in the distance. we've seen at least one likely air strike today. two fast-moving aircraft overhead. the grip that isis has on this town is still very firm. it shows all of the progress that's been made against isis in this region. the kurdish fighters from around here have really rolled back thousands, 5,000 square miles they estimate a territory that isis once held. isis still holds key pieces of real estate here. the town of sinjar behind me. and, of course the major city

of mosul. >> the question being raised by this movement in isis. is this a new surge? are they trying to distract the coalition forces from what they really want to keep which is mosul? and we'll stay on that story. the same question could be said for what's happening in congress. is it a surge in terms of authorization? or is it a subterfuge and going to be a political fight? that's what's going on right now. let's go live to the white house. both sides have problems with this requested authorization. what are they? and is there a chance for progress today? >> that's right, chris, it's off to a rocky start on capitol hill. as you said both sides are finding something not to like here. democrats continue to argue that it's far too broad. and republicans argue that it's narrow and they like to see the language loosened ironically to give the president even more authority than he's asking for. so on capitol hill they'll spend the next weeks and months debating this going through hearings, and tweaking the language to try to find something that can pass.

but administration officials they acknowledge the very real possibility that there is a strong chance that congress could come up with nothing in the end. and if that happens by inaction on capitol hill or because there's a failed vote eventually, administration officials indicate that most likely the president will continue moving forward with this mission. he strongly believes he already has the authorization under the 2001 authorization to move forward without congress. but all of that said chris, the administration and president obama prefers to have this passed out of congress so they can show a united front against isis. >> that would be nice. thank you very much. we'll be back with you. and we're going to get to the white house in terms of let them make the case for why the president should be doing it this way and whether or not it's in line with the constitution the best interest of the united states. that's one of the things we'll discuss with white house press secretary josh earnest in the 8:00 hour of "new day."

the violence in ukraine is spiking before the cease-fire kicks in on sunday. reporting at least eight soldiers killed. more than 30 wounded in new fighting with pro-russian separatists. this despite marathon peace talks where both sides agree to withdraw their heavy weapons from the conflict zone. what does this mean for the fragile cease-fire agreement? here's the latest from nick peyton walsh in eastern ukraine. >> reporter: we've been hearing in the past few hours shelling in the stronghold and three people were killed in shelling overnight. and yesterday, in a town three children were also killed by shelling. ukraine also reporting casualties on its side. but the fear is that agreement didn't actually say what the boundaries should be. it let the two sides potentially fight it out until the end of saturday to live with borders that may have to contend with for months if not for years. that's the fear now, with

violence swirling around the key town hundreds if not thousands of ukrainian troops but the separatists say they've encircled inside of it that fight could intensify in the hours ahead. so many questions unanswered so little time left ahead of that cease-fire. and so much that could derail it. back to you. >> all right, nick thank you so much for that. back here at home the case of three muslim students shot dead in north carolina. it is now being investigated by the fbi as a possible hate crime. this as troubling details emerge about the suspect's past. the very latest jean? >> reporter: there are many people that are very relieved this morning that the fbi announced last night they will have a preliminary parallel investigation to determine if this was a bias crime, a hate crime. now, while that announcement was being made there were vigils all around the country to honor these victims. the undergraduate institution where all of them went was north

carolina state university. and it probably had the nation's largest. >> reporter: overnight, hundreds uniting in continued grief and anger across north carolina. >> these three people were a source of inspiration, warmth and light for our community. >> mourning the murder of three muslim students, all shot and killed execution style, police say, allegedly by their 40-year-old neighbor craig hicks. family and friends believe the three scholars and philanthropists were targeted because of their muslim identity. at the funeral thursday -- >> this has hate crime written all over it. >> the father of both female victims called for justice. >> we don't want revenge, we don't care about punishments, we care about acknowledging this the way it is and protecting every other child.

>> as thousands in attendance knelt down in prayer chapel hill police were going door to door talking to neighbors. >> we're just canvassing and all we're doing at the moment. >> according to a preliminary investigation, police say hicks shot the students over an ongoing parking dispute at their apartment complex. neighbors' reaction mixed. >> i've been a homeowner here for 15 years. not at one point has there been an issue with parking. >> when it came to parking, he was pretty adamant about no new people, no new cars. >> a law enforcement source tells cnn, hicks told police he went into a rage after he saw a car belonging to one of the victims parked in what he claimed was his spot. >> reporter: and i want to show you the local newspaper that's in newsstands all over chapel hill today, being put on the doorstep while the residents. it is from the funeral yesterday. and you can see it simply says

they were loved. now, we're learning more about this defendant craig hicks. first of all, he'll be represented by the capital defender's office and moved from the durham county jail to central prison which is a holding facility. they would not tell us why but let's look at the facts. also, this is where they do psychological testing. alison? >> all right, jean casarez, thanks for all that background. the fbi opening an investigation into the shooting death of three young muslims. they're trying to determine the motive for the senseless murders. were they targeted for their religion? this as thousands atendtend vigils and memorials. thanks so much for joining us this morning. we're so sorry for the loss of your friends. >> thank you. >> thank you. >> amira, i want to start with you.

you were best friends from the time you were both young schoolgirls in elementary school. and you remember a few months ago, telling you about a scare ripy incident that happened with her neighbor. what did she say? >> yeah. we had went to visit her. and had made us dinner. and after dinner we were playing a game. the game's called risk. it's like -- >> yeah. >> and so we weren't loud. and we were in the living room. and there's another bedroom on both sides the way the house was set up. and as soon as we left, she contacted us and told us when you guys walked out, did someone talk to you? did you run into someone? and we're like, no, we just left we didn't see anybody. and we asked her why, and she said, i don't know, because my

neighbor came to my doorstep and he had a gun. she didn't say he was pointing it. but he did have one. and he told her that your friends are too loud and they woke up my wife. and we were completely shocked because it's not normal for you to have a disagreement of some sort with your neighbor and for you to go over there with a gun. >> of course. >> most people would write a letter maybe knock on the door kindly and tell them to maybe lower their voices. >> yes. and, i want to bring in -- >> and he just -- >> yes, he went overboard. and i want to bring in nada because you have memories of that incident as well. what else did she share about whether or not they were afraid of their neighbor or if they'd confronted him? >> i mean from what i know it didn't happen once. it happened several times. and from what i've been hearing recently it's not just us that experienced this. other people also.

everyone that really knows this guy. and it's sad because when we heard about this he was the first -- he was the only person to come to our mind just because, you just don't come to -- you don't come to your neighbor's house with a gun. you don't do that. if you're mad, you send a notice to the apartment complex and they send out something. but it's just -- >> nada, do you believe that your friends were targeted because they're muslim? >> i'm not sure. i can't -- i don't know, you know, the guy was thinking. but i don't -- i think it's weird that all three of them were muslim and that this happened after she moved in so i really don't know what he was thinking. i just, i don't know. >> amira, what do you think?

>> after being with her parents for the past few days and seeing so many things and knowing what kind of people they were it just, it seems like it is. because, i mean they were the only people that were shot in the neighborhood. and, i mean if he went maybe killed all the neighbors, then maybe we could be like, oh, he has an issue, but they were our friends and we feel like they were targeted for some type of reason. and they were too nice for it to just be oh they're mean people i want to get rid of them type of thing. doesn't make any sense. it's the only thing that really makes sense is he didn't like them because they were different. maybe they were just something new to him that he couldn't get adjusted to. >> you've written a lovely

letter for public consumption after this. i want to read a portion of it. you say people don't understand us. muslims are embarrassed of these people using islam in bad ways to justify being cruel. we weren't extreme. we are the middle path. we aren't strict on stuff outside of the head covering. i think there's a lot of misinterpretation of what islam is. nada why do you think things like this and amira, need to be said? >> because, i think it's important for people to realize that we all experience this. it's not just muslims, not just christians not just jews, atheists atheists it's everyone. and looking at this you know these are three people they're not just three muslims, they're three best friends, two daughters, a son. three good people that died and that's all that should matter is no one should die like that especially when you're that

great. >> nada and amira, you represent your friends so beautifully, we're so sorry for your loss and the pain that you're going through. we know that the whole community is feeling it. and we're thinking of you and thanks so much for sharing your memories of what your friends experienced. we appreciate seeing you. thank you. >> thank you. >> let's head over. germany has just announced it has shut down its embassy in yemen. all diplomats were evacuated safely overnight. the u.s. france and britain have also closed their embassies earlier this week. there's seemingly a leadership void right now in yemen with rebels in control after the president resigned. more breaking news for you right now. we're going to show you pictures live of firefighters at the scene of a raging fire at an islamic center in houston. it is not clear how or why the fire began or if there are any people still inside. we will stay on this story and

update you as details come in. shock and sadness over the death of david carr. the "times" executive editor says carr collapsed thursday night. he was a cancer survivor and overcame drug addiction. but there's no word yet on the cause of his death. he was only 58 years old. a federal judge orders same-sex marriages to move forward in alabama, again. now, the state's chief justice is digging in his heels. but should that matter? we have lawmakers debating what their states should do next. and president obama gets silly. he breaks down with a selfie stick. but there's a serious reason for this buzzfeed video.

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if june comes and they hold the same way, then what will you do? >> then i will do what the court should or court should've done under dred scott. if it's an unlawful mandate, you don't have to recognize it you can elm recuse from the case you can dissent to the united states supreme court just like anything else. >> but once the supreme court decides what the law of the land is a judge must follow it or they must resign. that was alabama chief justice roy moore appearing on "new day" yesterday. admitting no matter what the supreme court rules, he will defy it. what does that mean for the state? we had a second ruling saying that everybody in the state of

alabama who has anything to do with marriage must start issuing licenses to same-sex couples immediately. what will alabama do? let's bring in two people who will be part of the decision. alabama representative barry moore, no relation to the chief judge. and patricia todd representative todd is the first openly gay lawmaker in alabama history. representative moore, thank you for joining us. i'll start with you. given what the district court ruled yesterday, taking out any ambiguity, to the extent there was any, do you believe that your state should follow what the federal courts are telling you to do? >> well chris, i think the issue at hand right now is exactly -- as people and we represent the people. the fact that the judge has made this ruling and overturned the will of the people. is a concern for us and i think we'll have to look at some laws possibly just to get the state of alabama out of the marriage business. >> get the state of alabama out

of the marriage business. representative todd, what does that mean to you? >> well i think a lot of people who want to get married in the next couple of months are not going to be happy about that. i think that's totally unrealistic. this is going to be the law of the land. we have to comply. people will adjust to it in a year or two, they'll look back on this and think, well that was no big deal. didn't affect me one way or another. >> but there's a cultural debate going on right now. that's why we're focusing on it. that's why cnn took the time to extend the interview with the chief judge. he lays out, whether people agree, or not. he lays out a lot of the ground work that we'll see play out in many other states. representative, back to you. what do you mean get out of the marriage business. i don't understand that. >> well, from my standpoint. i think -- and i'm i believe in the bible and i'm a christian and so i think, that marriage was defined by god between a man and a woman. and i think the fact that this government got into the marriage business was probably an

overstep on the government's part. and we need to look at maybe getting the state completely out of the marriage business. when i married my wife it didn't matter if the state issued me that certificate or not. we have a commitment to each other through our faith. it's simply a matter of looking at less government involvement in our personal lives, in the sense they're not in the marriage business and maybe we don't issue those certificates. >> i understand that and the counter to that would be to you, representative todd easy for barry moore to say. what happens when patricia todd does the same thing and gets married without the license and god forbid something happens to her spouse her partner, or in a state issue, what happens if you don't have the license? >> well then i'm dead in the water. i have no legal right to take care of my partner, make decisions for them, should the health care issue need to be decided. and i think it's really interesting. this is sort of like compared to

the taxes in the '60s. you don't like a decision and throw up road blocks. to get rid of the marriage altogether. really? you can't just have religious ceremonies. you have to have a legal document that's a contract between two people. i think it's unrealistic, but it doesn't surprise me the tactics that will be used to fight this. and it's going to be monumental. and they're going to throw everything they can in the bucket to see what sticks. >> representative moore, let me ask you something, the idea you said, you believe in the bible, that's what marriage is. do you believe that the laws in this country and the rights that we have. do you believe they only come from god? or do you believe that the united states works on the principle of agreement of among men and women? >> well i think the united states works on a principle of

the constitution. >> right. >> and it's based on the bible in a lot of ways. look tat the supreme court, obviously the ten commandments on display in the supreme court of the land. i think the founding fathers intended for our laws to be based on christian values. it's not to say we shouldn't love everybody. and i love patricia she's a good friend of mine. the way we represent these people and say that hey, 81% of alabamans think this judge went against their will. and as a legislature, we're the voice of people. to be the voice of the people we represent the people. it's a dangerous thing, chris, and we start allowing judges and even the president to use executive order to overturn the will of the people. at some point, freedom of the press. i know that's a stretch, that's protected by the constitution. at what point when the federal judge says well we violated this politician's civil rights because we can no longer speak negative of him. and that's the slippery slope.

>> right, you know what you have to look at it in terms of what the trend of intentions are. when you look at what chief justice was saying. what you're saying about limiting the media. that's about limiting rights that's about limiting freedom. the angels here are suggesting that this is about extension of freedom. this is about making america more free, more about its promise. >> chris. patricia todd brought up a wonderful point. what if just for example, we have two gentlemen, they're not gay, but they're business partners. and one of them is diagnosed with terminal disease. and he decides to get a certificate of marriage to pass the assets of that corporation along to his business partner, mind you, they're not gay now. but all of a sudden the government the foundation of government, these estate taxes, the way you pass it to your spouse you start with revenue streams. >> what happens if a man and woman are business partners and

do the same thing. i'm coming to you in a second representative. if they do the same thing, then what? how is it different? >> chris, it could happen once you begin to redefine marriage at what point do we stop? at what point do you say, oh i'm going to marry so and so to pass these assets along. how are we going to produce the revenue to fund government based on biblical principles where we're eroding the foundation of the nation. >> but it's a long -- people did it for tax reasons, the system learned how to deal with it. here's your problem. representative moore is right, the people are against you in your state. nationally it's about 50 something to 30 something. we have the poll, you can put it up in terms of people supporting same-sex marriage. in your state, it's the opposite. 30 something support. your people in your state passed the constitutional amendment on this this you represent the people. why isn't that enough for you?

>> well, the reason we have a court system is to assure that the legislative branch does not pass laws that are opposed or in conflict with the u.s. constitution. we have three branches of government. for checks and balances and that's what the court is doing in this case. look in five to ten years, this is going to be a nonissue. people are going to look back at this and think, did we make a big deal over this? my going to the courthouse to get a marriage license has nothing to do with barry or his marriage. i understand what his faith believes. i resent that everybody on the other side says that they're christian and follow the bible. i'm christian, too. i just don't happen to beat people over the head with my own personal faith beliefs. and i think that this is about love and god is about love. and it's curious to me they don't debate the merits of the argument. now, it's shifted to well, this is government overreach. we do a lot of things in

montgomery that are government overreach. look at what's been doing to abortion over the years. they had a bill that makes it illegal to run over the back of a pickup truck. i believe this is coming the nation knows it's coming it's time the court's ready to rule on it put it to rest. and we need to get on to working for the people of alabama and make this a better state. >> quick last take on the pressing matter at hand. if your chief justice decides not to follow what comes down will you call for his resignation? >> he already has inquiries against him. but, yes, i think he should resign if he cannot uphold a federal court ruling then he should step down. >> representative moore? >> i'll leave that up to the judge to make that decision. and i wouldn't call for his resignation. you know there's something to be said about somebody standing on principles and i'm going to stand on what i believe in. i'm going to stand on my

principles. and patricia does that in a wonderful manner on the floor of the house. i've got a great deal of respect for him. i'm not going to ask patricia to resign. for whatever reason i'll let her make that decision as would the judge. >> all right. thanks to both of you for having a civil debate about this. that's the most important ingredient. good luck to you in alabama. we'll be following the story. >> take care. >> all right. we keep on adding layers to what's going on and what should happen. and the reason we're doing it is for you. tweet us at new day or go to facebook.com/newday. keep the discussion going. did you ever fall asleep watching the president deliver his annual state of the union speech? well what if that happened when you were inside the house chamber sitting right in front of the president? that happened to one notable attendee and her story is amusing. john king is making a special appearance here in the studio for inside politics. we'll talk about that and so much more.

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a developing story for you now. isis firing rockets at an air

base in iraq. this is where hundreds of u.s. marines are stationed. they're training iraqi forces. at least 320 u.s. marines are on this base. this was struck by mortar fire late last year. you've also learned the terrorists have seized control of the town of al baghdadi. we have breaking news firefighters at the scene of a raging inferno at the islamic institute in houston. it's not clear how or why this fire began. we also don't know if there are people still inside. we are following the developments as we get them we'll bring them to you. a man has been indicted in ferguson missouri for setting fire to a convenience store. not just any convenience store, the convenience store where michael brown was shortly before being shot and killed by darren wilson. antonio whiteside torched that store in november after the grand jury declined to indict wilson. we want to warn you the next video is difficult to watch. an alabama police officer slamming a grandfather to the ground.

the force leaving the man partially paralyzed. the 57-year-old victim from india. he was in madison visiting his son. he speaks little english and says he was just walking down the street when the police officer attacked him. police were reportedly responding to a suspicious person in the area. the officer has been arrested on assault charge. all right. we have an opportunity to speak to the man who rains inside politics. john king here with us onset in new york which is such a treat for us. >> thank you. it's nice to be here. >> we can reach out and -- >> i ran into this guy wandering the streets. >> he does that. >> talk to the people. >> appreciated the loose change. >> very giving. >> we've got a lot of nuggets we want to talk to you about. 2016 republican candidate potentially governor of wisconsin, scott walker. getting a little buzz about this mystery surrounding his college degree. we know he didn't finish.

but there's a little bit of buzz going on about that because people are saying hey, if you're going to run for president, shouldn't you have a college degree? >> there's obviously no requirement. there's an age requirement. there's a citizenship requirement. but there's no requirement that you need that. i would say this biography always matters when you run for president. he's been elected twice, three times if you count the recall in a big, important state of presidential politics. biographer matters for biography for president obama was huge. the history making campaign. the one thing, you always learn something about somebody when they run for president. everybody thinks -- george w. bush had a dui, he still won the presidency. he's going to have to explain it. i also will say this there will be democrats that try to use this against him. not in a public way, but now you have scott walker never finished college, he's going to have to explain it to the american people. >> does he explain? >> he said he got a job opportunity. he was in college. it was his fourth year. we think senior year.

he would've used another year or year and a half of college. he had a great job offer and decided to take that. >> at lot of people identify with that. do you think the biggest problem will be what happened on the set when he was asked how he feels about evolution. and says i don't want to talk about it. i'll tell you what after our interview yesterday with chief judge moore. you know what people are upset about? why did cuomo say the declaration of independence -- all our rights come from the creator. is walker you know smart to avoid that question? >> depends who you ask. the first contest is iowa. doesn't matter right now. he's leading in the polls right now. from a neighboring state in the midwest. you do have an e vanvangelical base there. they might have a different answer. the question it's not just the specifics of the one issue. are they pandering to a base? that could matter to you. can he square -- i have my faith and then science, can he square that? running for president, an

entirely different level of scrutiny. i would say this about scott walker not having a college degree. they run a risk. remember a lot of people say -- democrats try to mumble he was the village idiot. >> let's move on to the next topic here. i'll leave that alone. let's move to our next topic. 2016, dnc will be held in philadelphia beating out two other cities that were considered front runners. new york city and columbus ohio. >> the republicans going to cleveland. decided they didn't want to go to ohio. and so they picked another state. new york would be fine. you think with hillary clinton, if it's her story, the new adopted home state. new york you know is blue and presidential politics. most of this is done for the tv states. did a great job for george w. bush's convention. they think the city did a great job. it's a state democrats won consistently. they want to hold it. mostly about a tv state but blue collar economics. ruth bader-ginsberg turns

out she was not just tired during the state of the union. what's going on there? >> well let's listen to her. she was at a panel last night where she explains what i'll call the nod. >> the audience for the most part is awake because they're bobbing up and down all the time. and we sit there and stone faced faced, sober judges. but we're not at least, i wasn't 100% sober because before we went to the state of the union -- we had -- we had dinner together. and justice kennedy brought in -- >> that's the first intelligent thing you've done. >> well there was a time you came to those dinners, especially it was a fine california wine that justice kennedy brought. and i vowed this year, just sparkling water, but in the end, the dinner was so delicious, it

needed wine to accompany it. >> we understand. >> i'm inviting justice kennedy to dinner. it's in the ballpark of $300 to $500 a bottle. >> and a little more fun for us. and a little bit of controversy. the president and buzzfeed getting together in a way to promote his health insurance plan and involving a selfie stick. >> if you look at this video, the president's critics are online saying this is degrading. the presidency it's undermining the president, it's not presidential. look i was with bill clinton when he went on arsenio hall. some people won't like this it's their right. it's a free country. >> let's play a portion of it. >> february 15th -- >> it's better without sound. >> yeah. we had the sound earlier. basically, he was practicing his speech in the mirror and goofing around.

>> the cookie thing, everything goes wrong, they blame obama. -- he says thanks obama. >> that's the funny thing, they're the same ones tearing down this president -- >> as of last night, it was 13 plus million people watching it. they're trying to drive people to sign up for healthcare.gov. the numbers are in the success with them. they knew there'd be critics. leave it alone. some people won't like it but you know what he's reaching people. >> you can't please everybody. >> except here you pleased all of us by -- >> you only have one second term and he's having fun with it. >> watch john king and his inside politics panel break down the best in political news of the week every sunday 8:30 a.m. eastern. make sure not to have too much wine the night before. >> thanks john. good to see you. >> thank you. in the wake of kayla mueller's death in captivity, debate is intensifying over when to attempt isis rescues. joined by the parents of james foley, the american journalist

killed by terrorists. that video that grisly video played around the world. sometimes the present looked bright. sometimes romantic. there were tears in my eyes. and tears in my eyes. and so many little things that we learned were really the biggest things. through it all, we saved and had a retirement plan. and someone who listened and helped us along the way. because we always knew that someday the future would be the present. every someday needs a plan. talk with us about your retirement today. ♪ they lived. ♪ they lived. ♪ they lived. ♪ (dad) we lived... thanks to our subaru. ♪ (announcer) love.

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the death of 26-year-old aid worker kayla mueller igniting a debate over the u.s. policy on hostages and rescue missions. mueller's death hits close to home for another family. that of james foley. foley was the first american hostage killed by isis. foley's mother and father join us now. they are here. thank you so much for being here with us. >> good morning. >> you've been very vocal about saying that you are not crazy about the u.s. policy in terms of hostages. you believe that they should have attempted rescue of your son and kayla sooner. what makes you think that would have been effective or they could have even made a rescue effort sooner? >> well jim was in captivity nearly two years. and it -- it became apparent to us that our government knew where they were. by december of 2013 even perhaps earlier. >> so why didn't they try

sooner? >> oh i think there are multiple reasons. i certainly don't know all the reasons. i guess that's part of -- it appears to me that the american policy is failing, though. now, five young americans in the last six months have died. whereas the -- ten counterparts in europe are all home. >> restarting their lives. >> and you think that is because ransoms were paid? >> i think -- i think that the european nations were willing to negotiate. i think money did change hands. i'm not sure where it came from. but i know there was an intense negotiation involved. my own opinion, john foley's only, is that i think rescue was delayed because the european nations -- because european nations were actually negotiating and felt they could get their citizens home, and they didn't want any casualties

in a military intervention prior to getting them out. >> help us understand a little bit about what was going on at home for you when we knew this was happening and it became news and you got this horrifying message, first of all, that your son was held captive. talk to us about the involvement and the information you were getting from the government, the american government and the military. what were those conversations? did you feel in the loop? did you feel that they were being forthcoming about what was happening? >> we had no idea. information went one way. fbi was quite effective at getting information out of us. because we were frantically trying to find out all that was going on and interviewing the freed hostages when they came home. but we didn't get anything back. so we really didn't know what was going on. >> one of our hopes for a

reformation of the hostage policy is that our government could develop a specialized hostage unit, which would be able to cross all departments within the government cia, the state, the fbi, and decide on what information they could share with the family in some ways declassify it. because for a year and a half almost two years, we were told jim is a high priority we're doing all we can. we can't tell you anything because it's all classified. we had no idea. >> that must have been agonizing. >> and it hasn't turned out for anyone. we're so grateful that the president has called for this hostage review. that's awesome and we've met with the team that's working on it. but we really sincerely hope the white house will really look at the way we're handling things. we tend to think we can learn from some of our allies. work together better. >> you said that you wished you

had done a little bit more on your own. what would you have liked to have seen done? or what would you have done? it's easy to say in hindsight. >> in hindsight. and this is up for debate. we were too quiet. we followed a policy of secrecy initially at the request of the captors and our government. eventually we've heard nothing and became frantic and went public. i think in this country, the only way to change feeling activity is through public debate votes, et cetera. >> and what would've changed? in other words are you saying that the captor -- that isis and the captors were telling you to be quiet about this? >> exactly. >> but our government was initially. >> as well? >> exactly. >> so nobody really knew what was going on.

had the world known that 18 journalists and aid workers were held together i think in their most hopeful moments, the captors envisioned a coalition of governments working together and really trying to get them out. and nothing could have been further from the truth. everyone was kind of doing their own thing. there was very little collaboration. we can do better. i just know we can do better. and part of jim's legacy foundation, we hope, is to partner with the government and, you know work towards something that will really value an american citizen. >> we want a partner. don't want to be a stone thrower. we want to partner. there's such a need. in addition you know this is not only a problem for journalist aid workers, we could go on vacation or send your child to school they could be captured or taken hostage and then right now it's good luck. >> the sad thing is that you essentially were the first, you're the first family to deal

with this. and now as you've said there are others we've seen others but there was really no guide book for you, sadly, on knowing what to do. and i'm sure that's can we talk about your son? it's important to keep his legacy alive. the foundation and legacy. tell us about your boy. >> jim was a remarkable young man, like so many others. like steven sotloff, luke somers peter cassig and kayla. these are the best of america in many ways. jim really believed in the united states of america, really cared for the underdog and that's partly why he was drawn to a lot of the suffering in those conflict zones. >> he tried to hold the group together in captivity. >> very upbeat. really felt confident. >> as an american he was treated

poorly and also because he just refused to say -- to ask for mercy. jim was not only a captive, he was a teacher and a mentor. so we just don't want to make him a hostage for the rest of his life. >> and we really applaud. last night at columbia you know they did this call for global standards and principles for freelancers for safety and it was really -- >> amazing. >> -- amazing because here all these different news organizations, you know, who are generally quite competitive came together to you know decide on what freelancers need to have for standards but also what news organizations, and it was a beginning because it's been difficult to be a freelancer particularly in a conflict zone. >> absolutely. i mean this is calling into really stark relief just how dangerous it has become to be a journalist. >> for citizens. >> citizens and freelance journalists as well. it's wonderful to have this

conversation with you. we know that the whole country is having it in terms of when americans are in danger and become hostages. diane, john foley, thank you so much. >> thank you for having us. >> appreciate it. isis attacking an airbase where hundreds of americans are stationed as congress debates the president's war plan. we'll hear from press secretary josh earnest straight ahead on "new day."

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more than done the previous record set in 2004. the biggest culprit, general motors. it recalled more than 30 million cars. now one company trying to make customers happy in a rather

morbid way. facebook you can assign a legacy contact to take over your facebook page when you die. that person can post information and respond to friend requests but they won't be able to read your messages. here's one to take the edge off, pot has been legal for a year in colorado. the state made $53 million in tax revenue. that's actually a bit less than expected because people are still buying pot illegally to avoid that steep 28% tax rate. now this of course takes the bite out of the argument in favor of legalization for two reasons. one, may not be the panacea that state budgets are looking for. two, you're clearly not shutting down the black market chris. >> that's for sure. this is going to take time. we knew it was going to be an evolution. thanks very much cristina. have a great weekend. >> we knew that would happen 28% is a big hit, too. meanwhile, developing story this morning, american lives on the line in iraq. isis surrounding a u.s. air

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works! works? works. works. isis back on the offensive. >> if isis is going to be defeated it is going to have to be defeated by the muslim nations in the region. >> the president has tied his own hands and wants to tie his hands even further. >> now we're learning about possible red flags with other stories that williams has told. >> a thank you note unsigned and attached to it was a piece of the fuselage. >> are they too incredible? >> i just feel like we deserve what everybody else has.

>> it's absolutely clear that the federal judicial powers vested in the supreme court. >> the rights contained in the bill of rights do not come from the constitution they come from god. >> announcer: this is "new day" with chris cuomo, alisyn camerota and michaela pereira. good morning. welcome to your "new day." it is friday february 13th. just about 8:00 in the east and hundreds of american marines are on the ground in iraq and now there is a problem. they are helping to train soldiers at an airbase and isis is now targeting that airbase moving closer using rocket fire and, remember those marines are there. we're also learning the terrorists are in control of the town of al baghdadi. cnn's phil black is on the ground in northern iraq. phil. >> reporter: behind me is the town of sinja, an isis controlled town one that was once home to hundreds of thousands of people members of the yazidi religious sect.

when isis first started, tens of thousands of them fled. so many others were executed or abducted. in the streets below there is a fight going on as local fighters try to clear the town of isis. we've also seen two fast-moving military jets overhead witnessed at least one airstrike. there is an effort to try to clear the town of isis. the hold that isis has is very strong. all the progress that has been made against isis in northern iraq by kurdish fighters the territory that's been taken, isis still remains in control of key towns and city. the town of sinja, talafa and the major town of mosul still an isis strong hold. it is in the country that isis is still on the offensive where it has maintained military offensive against the iraqi army and sunni tribes. a great deal of fighting around

the town of al baghdadi. isis now has complete control of al baghdadi. from there i'm moving south towards the al assad airbase. it is a sprawling complex that has come under fire indirect fire rockets, mortars. in the past nothing substantial. this is different. this is where there are hundreds of u.s. military personnel there training the army as well. the latest word from iraqi officials on the ground is that isis has sent a number of fighter bombers. they say they have stopped that many so far. it would seem this could be a more sustained military threat than that facility has known up until this point. all of it very close to the iraqi capital, baghdad. >> phil black, thank you very much. being in harm's way to bring you this story. as isis goes on the offensive, what will the u.s. do? that's a good question. we don't know yet. congress is debating president obama's response to the situation and his authorization

request for further source. let's bring in sumlan live from the white house. >> reporter: it's off to a rocky start from capitol hill. lawmakers from both sides of the aisles and both chambers have blasted this resolution really calling into question whether it stands a chance on capitol hill. democrats say it's far too broad. republicans argue that it's too narrow. they're wanting a tweak in the language to allow president obama even more authority than he asked for. on capitol hill lawmakers will work for the next weeks and months will tweak the language hold a hearing and have a debate in the hopes of getting something passed. administration officials tell us there is a very real possibility that at the end congress could come up short, could come up with nothing. now if that happens, most likely we'll see president obama move forward with the ongoing military operation. he has been firm in his belief that he believes he has the authorization already from the 2001 authorization of military

force, but all of that said alisyn and chris, the white house wants the congress to pass something here. they think that is symbolically important to move forward from the united front. >> sunlen thanks so much for that. ukraine's president says his country is still a long way from peace. reports of violence erupting this morning, two days before the cease-fire is set to take hold. ukrainian military officials reporting at least eight soldiers killed in new fighting with pro russian separatists. some civilians also reportedly killed. what does this mean for the fragile peace agreement? cnn's senior international correspondent nick paton walsh has the latest. nick. >> reporter: they're shelling in the separatist strong hold of donestk. and in luhansk people were killed and three children were killed by shelling. they're reporting casualties on

their side. the fear is the minsk agreement didn't say what the boundaries should be. it let the two sides fight it out until the end of saturday to live with borders they may have to contend with for months if not years. that's the fear now, that with violence swirling around the key towns, hundreds if not thousands of ukrainian troops the separatists say they've encircled inside it that fighting could intensify in the hours ahead. vladimir putin thought the soldiers would give themselves up. so many unanswered questions and so little time. so much that could derail it. >> thank you very much nick paton walsh. let's get the obama take on all of this. josh earnest. friday the 13th. let it go. it's a superstition. >> good morning, chris. >> cyber security. they say that we have a better chance of stopping the extremists than we do hackers. what can the president do to make us feel safe enough to even

file our taxes, and here's an idea should we no have the to file our taxes until it can be done completely safely? >> well listen chris, these emerging cyber threats that we face is sort of a new realm of national security. it does as we have seen pose a significant threat to our economy as well. some of these hacks have been targeted at retail and financial institutions so what the federal government can do is actually play an important role in helping private sector industry do a better job of coordinating their efforts to improve the cyber defenses of all their networks. if we can set up and facilitate the ability of individual private companies to share information about the attacks that they're repelling, we can help other companies do the same thing in terms of sealing their defenses to protect the information and data that they're holding on their network as well. what the president believes that we can do and what the president is going to sign an executive order to do today is to make it easier for the private sector to

share this information, coordinate our efforts to strengthen our cyber defenses here in this country. >> give me a quick follow up take. slippery slope, big brother reaching in sharing my information. are they going to use it to their corporate advantage? is this an invasion of my privacy rights? >> we certainly want to make sure that all of this information sharing is part of or includes very important privacy protections for individual consumers, and the fact of the matter is chris, if we can get individual companies to do a better job of sharing this data that will actually assure that this data is better protected and is not subject to hackers to steal it and use it for nefarious purposes. >> let's switch to ukraine. the issue on the table is still whether or not to arm. the latest rationale in terms of the process that i'm hearing is the united states can't do enough to even the playing fields as if that is a reason to not arm. why would that be a basis not to arm? doesn't that just show the need even more? >> well chris, that's a good question. i think the first thing that's important for people to understand is the united states

has provided millitary assistance to the ukrainian military. we've provided $100 million of assistance to the ukrainian military in the last 9 to 12 months. there is significant assistance that's been provided. the question chris, is what are we going to do to resolve and de-escalate this situation in ukraine. it's the view of this administration and the view of our partners that there is no military solution to this -- to this ongoing violence in ukraine. what we need to do is we need to bring all the parties to the table and try to reach a negotiated solution. that's actually what european leaders with the strong backing of the united states were doing earlier this week in minsk. they brought to the table the ukrainian president, president putin from russia to try to hammer out a negotiation. there was an agreement that was reached. previous agreements have not been -- i guess i should say it this way, president putin has not upheld his end of the bargain in previous agreements. we're not going to watch the words of president putin but we're going to watch the actions

of the people. >> people are still dying. those are the reports. they are going to arm ukranians. >> so we're hopeful. >> chris, all along it's been to bring both sides to the negotiating table and that's why the president has worked closely in europe to put in place a financial sanctions regime against the putin regime to pressure them and to isolate their economy and to isolate russia in a way that has had a very serious negative impact on the russian economy. we've seen the value of their currency cut in half in the last six to nine months. we have seen a significant toll on the russian economy.

president putin's efforts to interfere in the territory of the ukraine, hopefully he'll start living up to the commitments he's made and we can start to de-escalate the conflict in ukraine and stop the bloodshed there. it is the view of the president that only adding more military assistance and only adding lethal assistance to that equation is likely to expand the bloodshed. that's exactly what we're trying to put a stop to. >> let's move on to this aumf authorization for use of military force. let's put up the bullet points just so you see there. he's linlting it. this is a little complicated for people. he's still got the 2001 aumf one in 2002. three year limit. that's his way of saying the next administration will have to make its own decisions. no ground troops. that's not really accurate right? that's where that sticky word enduring gets in place. the big question is this josh. does this count as a strategy? your critics say he doesn't have a strategy yet. we don't know what we're doing yet.

these are just -- this is just -- these are ingredients, there's no recipe. >> chris, the authorization to use military force is only one element. military force is something that we have imemployed to significant effect over isil in the last six months. the strategy has been to train and equip and bolster the capability of local security forces on the ground in iraq who have been able to take the fight on the ground to isil targets. over the course of the last six months they haven't just blunted an isil offensive across western iraq they've actually rolled it back in some key areas. they've been backed up by coalition airstrikes many of them carried out by the united states military. >> most of them. >> that has had an impact. the same is true in syria, that what we have done is backed up kurdish fighters in kobani with coalition airstrikes. there was a lot of talk in the success isil had in overrunning kobani. over the last month the coalition has succeeded in backing kurdish fighters and driving isil out of kobani. >> right. >> that is an indication that

our military strategy so far is showing some progress. there are other elements that are also important that don't require use of military force. we're trying to shut down the financing of isil. we're trying to counter their ability to recruit foreign fighters. that's an important part of our strategy, too. >> understood. josh the concern is you put american fightersen the ground. what happens on the ground will happen to them. you know what's going on in western iraq with hundreds of marines in that airbase. isis is closing in on it. the rockets are getting in range. you can say they're there just to train but now they might wind up getting hit by rockets, god forbid. does that show that you're in or you're not? the strategy right now is halfway? >> well chris, i don't think i agree with that characterization only because there is a substantial difference between the strategy that we're pursuing now and the strategy that was pursued in the previous iraq campaign. in the previous iraq campaign there was the commitment of more than 100,000 u.s. men and women in ground operations in iraq.

that was a strategy that was bad for our national security interests. it was a strategy that didn't invest the iraqi people. the strategy we have is to bolster the security capability of the iraqi and kurdish security forces. we're training them. we're equipping them. yes, chris, i don't want to minimize the risk to our men and women in uniform who are putting themselves in harm's way. this is a dangerous countries country and a dangerous place. this is a testament to the service of our men and women in uniform. there should be no mistake, the strategy this president is pursuing in iraq is very different than the strategy pursued by the previous administration. >> do you know anything more than we know about what's happening on the airbase right now? >> chris, i haven't gotten a detailed update this morning. >> right. >> we certainly are aware that there are isil forces operating in western iraq and we have been pleased at the improving performance of iraqi security forces on the battlefield to take the fight to isil on the ground. what's clearly improving their performance is a sustained campaign of military airstrikes

being carried out against isil targets in iraq. we're targeting isil leadership fighting positions, targeting isil oil and gas facilities that are sort of essentially providing the financing for their operations. so we've had some success in rolling back isil but it's still a dangerous place, no doubt about it. >> we're just concerned because those men and women are sitting there. we'll stay on that story. last question. the president, the coming -- coming into the middle end of his second term. big legacy. that's very important to him. they say i don't need you, congress for this aumf which is what he's basically saying right now. the war powers act of 1973 the war powers resolution i understand that it was really to check the president and not to allow me to unilaterally do it.

i get article 2 section 2 of the constitution. i get that the president has been given extra constitutional powers with war. i'm not going to do it. i'm going to stop it. why does he continue playing this game of not having congress own its responsibility when it comes to making war, which is exactly what we're doing? >> well chris, the reason that the president and his team have worked so hard to try to put together an aumf proposal that reflects the bipartisan input of both democrats and republicans in the house and the congress is because he does believe in the principle of congress having a voice in our foreign policy. >> he says i don't need them josh. that's his thing. i don't need them to do it. i can do it anyway. really that kind of flies in the face of existing constitutional law and that's why i ask you about it. i figured this would be something the president would be sensitive to as a constitutional scholar. >> chris, what's clear though is the congress has given the commander in chief statutory authority under the 2001 aumf to

carry out the military operations he has ordered so farr. this is less a constitutional question about whether or not he has the authority to do what he's doing right now. what the president is suggesting is that that 2001 aumf was passed almost 14 years ago. what we need is an updated modernized right sided aumf that reflects the threats that we face. the president is suggesting that congress needs to go in and update the authority that they've given to the commander in chief so that he can continue to do exactly what he's doing, which is ordering the military to take the steps that are necessary to protect the american public but, again, i don't want people to be confused. the strategy that the president is pursuing right now is very different than the strategy that was pursued by the previous administration. this is -- we're not seeking an enduring offensive grouped combat operation in iraq and syria. what we want to do is we want the iraqis and the syrian opposition to take responsibility for the security situation in their own country. they should be the ones taking the fight on the ground to isil. their performance will be

enhanced because they'll be backed up by military air power, not just the united states but the 60 million coalition members that the president has recruited around the world to take it to isil and make sure they're not just degraded but destroyed. >> hopefully they can take action before the rockets get close to the airbase where our men and women are. appreciate you being on "new day" as always. >> you too, chris. happy valentine's day, man. >> thank you. there are new questions this morning about brian williams' reporting including claims that he flew with s.e.a.l. team 6. are all of these embellishments? and the politics of same-sex marriage. the alabama chief justice fighting it tooth and nail and you won't believe who wants him to knock it off. if hiring plumbers, carpenters and even piano tuners were just as simple? thanks to angie's list now it is. start shopping online from a list of top-rated providers. visit angieslist.com today.

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new questions this morning about brian williams. nbc suspended him for six months without pay after he admitted that a story about being shot down in a helicopter in iraq was not true. now we're learning about more possible red flags with williams' stories. cnn's john berman has the story. >> reporter: may 2011 an mh-60 blackhawk black hawk helicopter is engulfed in flames. after they successfully killed osama bin laden in pakistan. the special ops team set fire to the stealth aircraft after it crashed in this courtyard. an attempt to destroy the

helicopter's critical technology. in an interview with david letterman in january of 2013 brian williams had this to say about a piece of the burned out wreckage. >> about six weeks after the bin laden raid i got a white envelope and in it was a thank you note unsigned and attached to it was a piece of the fuselage the fuselage from the blown up blackhawk in that courtyard. >> i don't know how many pieces survived. >> wow. >> but i -- >> sent to you by one of the -- >> yeah, one of my friends. >> reporter: but that relationship is being questioned by members of the special operations community and could be one of the things an internal nbc investigation is focused on. then in 2012 during yet another letterman appearance that perhaps raises the most questions, williams goes further. >> i flew into baghdad invasion plus three days on a blackout mission at night with elements

of s.e.a.l. team 6 and i was told not to make any eye contact with them or initiate any conversation. it was like horses in the gate right before the mission. this guy had a wrist band with his human target that he was after when we landed. it was one of the members of the deck of cards, one of the leadership targets. they are amped. this is the best we have and until he reached into my box of wheat thins, my last remaining american food it could have been a wheat thin commercial because this hand the size of a canned ham goes and i lost half of my net supply of wheat thins, but then i chatted him up and admired that and talked up the knife and i'll be darned whether that didn't show up at my office. >> whether he'll be allowed back at that office is yet to remain. for more now we are joined by peter bergen cnn national

security analyst and author of "man hunt." and host of reliable sources brian stelter. peter, let's talk to you. let's talk about some of the things we heard in john berman's piece. you have long standing ties to the s.e.a.l. team community. what are they saying about the claim that brian williams made that he flew into baghdad on the helicopter with them? >> well allyson, special operations command, which doesn't normally go on the record about very much has basically said that the story is not true. i would add to john's good piece on the subject that brian williams not only made these claims on the david letterman show it's one thing to be kib bitsing with letterman and say things that aren't true. he said it on his own show on may 3rd 2011 that i flew into baghdad with s.e.a.l. team 6. that's either true or not true. the special operations command is simply saying that that just did not happen.

>> peter, what about the piece of the fuselage that he says was mailed to him with an unsigned note of thank you. >> why would they be thanking brian williams to start there? he had absolutely no role there. that was a night that bin laden was killed. two body guards were killed. you think that somebody in the s.e.a.l. team was sort of picking up pieces of helicopter fuselage to give as mow men tows to brian williams his favorite news anchor? it doesn't pass a common sense test. it was a night they wanted to get out fast. the last thing they did is blow up that helicopter and they left immediately after. >> brian, these stories do now seem incredible in a way that they didn't two weeks ago. now when you hear them this he have this complete incredulity surrounding them. why now are they come to go light, only now, not then? >> perhaps when you're watching someone like brian williams on letterman we're not watching him thinking about the fact checking in a way that we watch the "nbc

nightly news" and think about it. now, however, it does seem like these things have been hidden in plain sight and they require fact checking and investigation. we know that nbc's investigation is ongoing. we know they're not looking at that one iraq war incident that started last week. they're looking at a wide range of comments. a lot of them happened off nbc's air. peter makes a good point. what has been said on nbc's air is the most troubling because that gets to the heart of nbc's credibility. that's why the network as much as it values brian williams has to think of its own future and credibility even more. >> brian, even if he said them off air and was saying them on letterman, a different venue, not the same sorts of checks and balances. we work as colleagues. if i was saying incredible stories on any show michaela and chris would be like what are you smoking? they would have called me on it. >> right. >> so was anybody at nbc ever calling brian williams. >> they would call you on it and the executives behind the scenes would call you on it.

there have been anonymous reports that people inside nbc were starting to raise red flags. we know that tom brokaw has been vocal about his concerns about what brian williams has said. what you're asking is to what extent did nbc management think about these issues and express concern about these issues and to what extent was brian williams able to go around them and not be filtered or not be treated like every other news anchor and every other journalist that practices this way. this is a management issue as much as it's about brian williams. >> peter, very quickly, what are your contacts on the s.e.a.l. team or even in the military what do they want to see happen? >> well i don't think they want to see anything happen. their basic view was this all seems highly improbable there's nothing to look into because it ain't true. >> brian, let's move and talk to someone who we lost this morning we found out, david carr "new york times" media reporter. it's been a bad week for

journalism. i mean first brian williams' fall from grace, bob simon's death, now david carr with whom you were very close. tell us about this. >> i was. he treated me like a son and i looked up to him like a father. he was the father figure for me for the past number of years. even when i was ready to propose to my wife he gave me advice. we saw him on wednesday night he was at cnn taping with anderson cooper. gave me a big bear hug. now i think back to that as the last moment i saw him. this was so sudden he collapsed in the newsroom. he will be remembered as the giant that he is. he helped explain the media revolution to readers and to us to journalists in the industry. that's why it's such a profound loss for journalism. it is because he was helping us all understand the changes in this industry. even media moguls who he had son speed dial who he knew by first name relied on him to understand what was changing and on a very personal level he was so generous so thoughtful and so wise. it is a loss that honestly i'm still stunned by.

>> it's a sad week. >> it is. >> brian stel ter, peter bergen thank you for being on. a supreme court justice admitting she was not sober as a judge during president obama's state of the union speech last month. she'll explain why she was dozing there. as developed our most revolutionary feature yet. a car that can see trouble... ...and stop itself to avoid it. when the insurance institute for highway safety tested front crash prevention nobody beat subaru models with eyesight. not honda. not ford or any other brand. subaru eyesight. an extra set of eyes, every time you drive.

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here we go with the five things you need to know for your "new day." isis is attacking a u.s. air

base in iraq. they're stationed training iraqi forces. they are not being evacuated. isis has seized control of al baghdadi. the debate in congress over president obama's war time powers is heating up. approval of his isis war authorization could be rocky. both democrats and republicans voicing serious concerns. the cease-fire in ukraine just two days away but the violence has not slowed. ukraine's military reporting at least eight deaths in just the last few hours. the execution style deaths of three muslim students in north carolina is now being investigated by the fbi as a possible hate crime. over 5,000 people jammed a raleigh soccer field to honor those students. millions of americans are plunging into a deep freeze. a new storm system targeting new england. snow battered boston could get hit by another blizzard late saturday into sunday. here we go again. we're always updating those five things to know so be sure

to visit "new day" cnn.com for the latest. same-sex marriage may be legal in alabama, but the battle is still raging. the tough stance of conservatives relying on god as the source of their beliefs on this issue. what will that mean for those running for president in 2016? plus it's the show that everybody's waiting for. where your favorite cnn anchors and chris try to answer questions about u.s. presidents in the cnn quiz show. we have your fun filled preview straight ahead. thank you for being a sailor, and my daddy. thank you mom, for protecting my future. thank you for being my hero and my dad. military families are thankful for many things. the legacy of usaa auto insurance could be one of them. our world-class service earned usaa the top spot in a study of the most recommended large companies in america. if you're current or former military

or their family, see if you're eligible to get an auto insurance quote. the real question that needs to be asked is "what 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.

this is exactly how discrimination got removed in states like yours. district courts putting through rulings that the states then had to match. >> nobody's arguing about racial discrimination in this case. this is not about racial discrimination. >> it's about discrimination. >> it's about sexual preference. >> it's about discrimination. >> overcoming an institution which has existed in our state

in our united states for centuries. >> that was yesterday's heated debate between our chris cuomo and alabama chief justice roy moore who compelled alabama judges to refuse issuing marriage licenses to gay couples despite the fact that same-sex marriage is now legal in the state. federal judge has now sent a signal to those judges instructing officials there in one alabama county to immediately begin issuing gay license marriages. how is this all going to affect the marriage equality movement. will it spell bigger problems for the gop heading into 2016? let's bring in our cnn political commentator, michael smerconish. my mother called. this is getting a lot of buzz. we'll talk about the political ramifications. in terms of that conversation and the stance not even so much the conversation the stance this judge is having the open defines. do you think it's going to have -- what kind of effect do you think it will have on the

movement of marriage equality. >> i think that the die has been cast. the supreme court cast the die by refusing to get involved. they must not have had the five votes necessary to tell that lower court judge to stand down until they rule on this matter. they're going to take it up in april. i think it was a tell and i think that justice clarence thomas interpreted it as the same way. so i think it's just a matter of months until there is full resolution of this matter but, you know the judge with you yesterday, he wants to go downswing and it's hard tore me to watch that without thinking of george wallace. i'm sure george wallace knew he would ultimately lose the battle with regard to desegregation of the schools, but as a political matter it didn't matter to him and it didn't matter to the judge either. >> he has the people of alabama on his side. people forget popularity is not the bar in the united states. it has to be that it doesn't violate the constitution as well. in deference to the judge's position it is not the law in

alabama that same-sex marriage is allowed. the federal court said your law is unconstitutional therefore, let it. that won't be decided ultimately until june when the supreme court is going to say whether any law in the states that view owe lats this provision is therefore unconstitutional. >> he has a point you're saying. >> he has a couple of good points. one, the trail of how the supremacy clause works is a messy one and it is convoluted but at the end of the day what he's doing is he's putting god before the law. and michael, as we were talking before the biggest objections i got to what happened yesterday, which was me testing his theory it wasn't a debate. i'm not saying what i think about it. >> sure. >> is that i said our laws in the united states are about agreement and compromise among men and women. they said no no no our rights don't come from man, they only come from god. and that is a big thing that has to be remembered as part of this whole debate. >> it's incorrect, but i hear often from radio listeners people will say to me that they believe that the constitution is

derived from god. that's just not the case. the rule of law by which we all live is a rule of man. if you go into a courtroom today, you may swear to tell the truth, the whole truth and nothing but the truth, but you're not going to be prosecuted or a jude dated based on the ten commandments. you're going to be held accountable by statutory law and constitutional law and that's the point you were making. >> we want to talk about something that's getting a little buzz by the tune of 13 million views on the interwebs. the president turning to buzz feed to promote his health care plan. the tune of 13 million hits. some are saying this diminishes the presidency. that's their criticism of this. do you think that is the case or do you think it is a new era and he's reaching out in the way he can? >> it's working. because of the hits it's working and because of the growth of registrants by the affordable care act. if it were not yielding a result where young americans, young

invincibles, the people frankly we need in that pool so as to have compensation that can take care of those that are not so healthy, if it weren't working, i might have more of a problem with it. >> can you draw a direct correlation between the goofy, some of the more social media stuff between two ferns and this and the invincibles signing up? >> very hard to draw that causal connection. at least we can say people are in the loop as a result of it. the deadline is looming. it would seem as if there is a connection, but can i prove it? no. >> can you prove there isn't a connection? >> aha. 21 million views. why don't we show it to you. let's show you what the president did for buzz feed. you can enjoy it for yourself. >> >> deadline for signing up for health insurance is february -- febru -- that's not right. feb -- february 15th. february 15th. >> and then there with the selfie having a little bit of fun. 21 million views. hard to argue. >> i remember when bill clinton

played the saxophone for arsenio hall. the same kind of debate was playing itself out whether he lacked the credibility. >> boxers or briefs. >> that is the origin of it. he's not standing for another election this president. you may see more of this sort of thing over the span of the next two years. >> good to have you with us michael smerconish. >> going from the subject of legal debate and politics. now we're going to something that i don't. the game show that will make charities happy and make others completely miserable. your favorite cnn anchors contestants. the subject, presidential trivia. what happened when it went down? here's a hint. did you know grover on sesame street is not related to grover cleveland? me either. >> i didn't know that.

yeah. that's going to be really good. so here at "new day" we're all friends. when you get a competition started though the wheels fall off. all bets are off. alisyn and chris are going to show you evidence of that next monday on the "cnn quiz show" president's edition. let's give you a look at the behind the scenes trash talking. >> if you want smack talk you go to chris cuomo. >> some people believe -- >> jake tapper. >> -- that they will define themselves by how many of these questions they get right. >> jake tapper. >> you guys are going down. >> my sense is that the other team will cancel themselves out with the hubris. >> herman went to harvard where every president went. that's a problem. >> get away jake. >> get away jake. >> then there's don and paula. there's the testosterone overload. >> you guys are going down so

hard. >> yeo, guess what we're going to win. what are you talking about? >> so clearly we showed you all the lip flapping. two of the fine contestants, chris cuomo and alisyn camerota are here. talk to us about the fascinating talk show. were there varied topics? >> all presidential history. >> which chris considers one of his worse. >> i don't even know what forte means. i thought it was going to be like was this person president. these are things that we have google for. >> did you have a chance to prepare? >> yes. they gave us a -- >> no. >> -- thick book of presidential trivia that we were supposed to commit to memory and every day before our rehearsal jake tapper would say to me you are studying right? >> she studied. >> you crammed? >> she studied. i didn't study. >> why didn't you study? >> because i was busy. >> we're all busy people. >> i had to cover things do things. i thought we were going to have

a good time. >> you thought it was a good show. >> meanwhile. >> i thought this was going to be light and hilarious until jake tapper took me by the shoulders, you are studying. >> light and happy. >> we'll let you know when you can see this fantastic quiz show. first, let's get into quiz mode. we decided we're going to put you to the test to show our "new day" viewers how smart y'all are. i want you to pay attention to the rules. this is called four presidents. >> notice mich doesn't have to answer anything. >> i know. i'm canadian. we'll put four presidents up on the monitor. you each have a belle. can you make sure you ring it. which facts belongs to which president. we'll tally up the correct answer. whoever has the most answers wins. >> my bell finger is broken. >> use your other finger. you have used it before. look at the picture -- >> ambush. >> good photos. >> first question. >> not related to grover on

sesame street. now i know. next question. >> are we ready? question number one. >> yes. >> the only president to have a child born in the white house. >> very weak. >> this is what happened in the real game. >> very weak ring. i saw your hand. what's the answer? >> i'm going with grover. >> grover cleveland. you get a point, ding ding ding. second question. the first president born west of the mississippi? >> grover. >> alisyn. >> grover cleveland. >> no. >> chris. >> ha! you believed me. >> i'm going to say grover to everything. >> i'll go with herbert hoover. >> and another point. ♪ we can use a man like herbert hoover again ♪ >> they didn't tell me there was going to be music. >> all right. third question. >> are you listening, cuomo. >> this was my problem. >> i'm getting a sense of that.

question number 3, the president currently designed the current presidential seal. >> he has a middle name that means -- >> really? >> top left of those pictures. >> yes, allyson. >> the s doesn't stand for anything. >> i thought it was seymour. >> the national college baseball foundation named their hall of fame museum after this president, chris? >> the man on the bottom right. >> which his name is? you had to read it. >> george w bush. >> you get a third point for that. oh my lord. all right. question number five my lucky number. are we ready? take a deep cleansing breath. >> it's a metaphor. >> come on. here we go. he was the first president to recognize the state of israel. >> okay. uh-huh. uh-huh.

okay. okay. >> alisyn. >> harry trueman. >> strong. >> back in the game. back in the game. >> here we go folks. number 7. i skipped one because i didn't like that question. >> they can't even count that's why she wasn't in the game show. >> on his desk in the white house. who was the first president? >> chris. that bell. >> hoover. >> say it again? >> hoover. >> i thought you said grover. did he say grover or hoofver. you get a point. >> chris wins. the winner is! >> this kind of sabotage. >> more exuberance here. don't forget. thank you, people. oh my. you can watch alisyn chris, all the other cnn anchors that duke it out on the cnn quiz show. president's edition is airing monday february 16th 9:00 p.m. eastern here on cnn. >> you really have a dud bell. >> i have a broken finger. >> working just fine by me.

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all right. friday the 13th. we don't care. we've still got the good stuff. it's the love edition. >> love edition. >> just in time for valentine's day. a little more than a year ago, listen to this ashleigh macintyre, danny robinson.

strangers. danny needs help. a kidney. none of his family members are a match. ashleigh hears about it on the radio. feels bad about the situation. signs up. turns out they're a perfect match. in more ways than one. uh-huh. >> we started the testing process and it kept being a match after match and -- >> we talked. when we first got on the phone with each other it was just like we was friends right off the bat. >> i was in the hospital for three days. >> and i was in there for five. >> we were texting the whole time. >> right away we knew. >> yeah just how do you feel? and, you know is it working? are you okay? >> talk about traits you look for in a partner. >> wow. >> she was willing to give a kidney to someone she didn't know. one thing leads to another. on christmas day, guess what happens? >> what? >> proposition and she said, no. >> oh! >> of course. she said yes. they say only 1% of live organ donations come from a stranger. what are the chances of this. that's what valentine's day is.

everybody's dream is something like that. happy valentine's day. happy valentine's day. >> have a great one. "newsroom" with carol costello. >> right back at ya. >> kisses everywhere. >> okay. we're making the audience a little nauseated now. >> little bit. >> have a great weekend. that's right. "newsroom" starts now. happening now in the "newsroom," u.s. marines in iraq come under fire by isis militants. we're on the ground in northern iraq. >> also the man who alleged bely killed american sniper chris kyle tackled on dash cam. the moment police caught eddie ray routh played in a texas courtroom. will it sway the jury. deadline for signing up -- deadline for signing up for health insurance is february -- febru -- that's not right. >> selfie stick. stuck out tongues