ral kurds reportedly killed as well as many isis fighters. let's get to cnn's ian lee live in cairo. >> alisyn last night we saw a large-scale offensive by isis militants along this line of peshmerga fighters that is on the zaph river. there were simultaneous attacks on several villages along that line there with a such close quarters that air strikes could not target these isis militants without endangering the peshmerga fighters as well. the battle lasted two hours and the two sides started to separate and that's when we saw air strikes resume again. this is a long front, roughly 600 miles, the peshmerga are spread thin along this line. it's also very close to the northern iraqi city of erbil. if the isis militants would have broken through this line they would have had a clear shot to

going toward the city. although the peshmerga would not have allowed isis militants to capture that city. but this comes as isis is trying to relieve pressure on mosul. peshmerga are strangling it on three different fronts isis is probing their lines, looking for weaknesses to exploit. and really to show you how, how continues the fighting was, we know that 40 isis fighters were killed in it. and several peshmerga fighters were killed as well. although the peshmerga have been fairly vague in the number of fatalities they had. but what is most surprising is how it shaped up with their weapons, you have the peshmerga, who are using small arms they do not have heavy artillery and you have the isis fighters who have american equipment. they're going against them. alisyn? >> thanks for spelling all of that out this morning for us

ian, lee, we'll check back in with you. there's information about the suspected gunman in the deadly shootings in copenhagen and emerging evidence that the paris terror attacks were coordinated. cnn's nic robertson we'll get to him as soon as we can. >> we see the problem is everywhere the question is what to do about it today brings day two of the white house summit on violent extremism. day one got hung up on basics. what to call the enemy and even if there's a war going on. cnn white house correspondent michelle kosinski joins us. do we have that right? >> that's right, chris. today we'll hear from the president on this on the question how do you prevent the kind of violent extremism we've seen in europe and they call themselves islamic, but the white house isn't using that word. they say they want to draw from international experience of fighting extremism of all kinds. they say those kinds of attackers are not islamic, but are simply terrorists so the

summit wants to look at community-based pilot programs in three different cities. l.a. boston and minneapolis. but they've only been in existence for about a year. it will be interesting during the public sections of this summit to hear whether there are any concrete examples of these programs actually working. actually doing something. they're going to be looking at what works and what doesn't. it was also interesting in a completely different setting to hear the attorney general, eric holder tell reporters that the country is not at a time of war. listen. >> we're not in a time of war and i said this is an extreme example. >> okay so he was making a comparison to world war ii when there was a normal declaration of war. but this raised some eyebrows especially since the administration did agree a few months ago that yes, the u.s. is currently at war against isis. chris? >> all right, michelle thank you very much. alisyn over to you. developing overnight, cbs news obtaining a photo of the

rarely seen leader of isis abu bakr al-baghdadi. it's the closest, most defined, well-defined photo that we've seen yet of him. this as a huge new in-depth cover story in the "atlantic" explains in great detail what motivates isis and exactly how they accomplish that barbaric goals. let's bring in the author of the article, graham wood this is such a comprehensive and compelling piece, i think it's 38 pages long and it describes isis in a way that certainly i have never read before. how did you get all this information on isis? >> i asked. that's really all it takes, there are questions you can ask isis and its supporters that it will not answer such as where is your next attack going to be but if you ask them about islam, what they believe, they believe it's their sacred duty to tell you. >> let's start with some of the categories that you defense into. one of them is their doctrine. you write the reality is is

that the islamic state is islamic. very islamic. yes, it is attracted psychopaths and adventure seekers drawn largely from the disaffected populations of the middle east and europe but the religion preached by its most ardest followers derives from coherent and learned interpretations of islam. that's fascinating, graeme because where is it in the koran to burn someone live in a cage? >> there's a good argument to be made it should be made among muslims about whether their interpretations are correct. the question is whether they emerge from the texts of islam and the practices of people who have called themselves muslims in in the last 1300 years is not open to doubt. the way that they speak to each other, wait that they justify what they do it all emerges from discussion within traditions of islam about what is proper to do. now, the burning of the jordanian pilot, this is a really exceptional act and it

was one of the things they had to reach particularly far and many would say into very tendentious reasoning to justify. they did go into the history of early islam and into their interpretations of islam. >> what basis are they using that you burn a nonbeliever? how far back do you go where you find that this could even be justified? >> if you watch the video itself which i don't recommend, you will see in the moment of the man being burned alive there's actually a freeze-frame and a quote comes up that essentially says you can do mutilation which is usually completely unacceptable within the norms of war in islam. if by doing that you're calling others to to islam or if by doing that you are causing, causing attackers to cease

attacking. so they go directly into early scholarship of islam and actually in the last issue of their magazine they have a very long discussion of whether you can do something like burning a man alive, which is as they say, normally strictly prohibited within islam, if it is an act of retribution for burning alive. that is can you have tit for tat, they say yes, can you. >> you looked into their recruiting methods which have been wildly successful thus far, how do they do it? >> well i spoke to recruiters who are outside the islamic state. there is this class of people who have lost their passports, they have been confiscated by the british and australian governments because they're suspected of bringing people in from the outside. and what their role is is to teach people to teach people the doctrine of the islamic state and to call them to islam in the form that the islamic state preaches it.

and these people they have youtube channels they have facebook pages and active twitter accounts. all of these things are existing to tell people what they believe islam is and eventually to call them to an obligation to move to the islamic state. >> let's talk about the apocalypse. you say on earth how important the apocalypse to their ideology. you write much of what they do appears nonsensical, except in the light of a sincere considered commitment to returning civilization to a seventh century legal environment and ult may bringing about the apocalypse. >> if we look at their propaganda and videos it's laced with references to the apocalypse it's completely filled with rhetoric and allusion to apocalyptic literature. >> there will be an annihilation on earth and everyone meets their make centre is that what

they're talking about? >> it's actually a very specific thing. they believe there will be a meeting between the armies of rome which is widely believed to be cree saiders or western armies and the armies of islam and they believe it will happen in a particular city in syria called dabik. and after the victory of the armies of islam there they will continue to conquer until eventually there's a showdown in jerusalem. and at that point jesus, who is regarded as a prophet within islam will return will lead the armies of islam to victory and after that there is a very specific choreography that happens that could last thousands of years. but it is part of what of what isis believes it is bringing about by its actions now. >> in the meantime before the epoch lips they're interested in this caliphate. what did you learn about that in terms of their geographics, what they're looking for geographically. >> their view of what a caliphate is is a piece of

territory, in which a caliph can apply islamic law. that is a person who fulfills particular criteria. >> al-baghdadi is their caliph yes? >> he's a muslim man, from the tribe of the prophet, and he's fulfilling islamic law. they believe if you fulfill this criteria that it's cup bent upon muslims to blej a s tos to pledge allegiance to him. >> are they a force to be inkrebablyinkreb incredibly feared or a rag-tag band. >> they're a group that can be understood and can be studied and it matters what they

actually think because this is the mode of their propaganda. it's how they attract people. and it's what they value. so the most important thing i would say from this investigation is that we can study them. we can know our enemy and our enemy is actually very eager to tell us about itself. >> well you have do that incredibly well and everyone can read it in the "atlantic" this month. graeme wood thank you so much for coming on. over to chris. breaking news eastern ukraine, there's supposed to be a cease-fire. but word that some pro government forces are pulling out of a strategic city after clashes with rebels. cnn international correspondent nick paton walsh joins with us more. >> we're hearing now from the ukrainian government the admission that they've withdrawn 18% of their forces from a the strategy city of debaltseve.

this is going to be the key flash-point. clearly the forces have prevailed and we've seeing bedraggled-looking ukrainian forces coming out. it's happening because it's day four of a cease-fire. it doesn't feel like a cease-fire when we hear the shelling. the question is what happens next? does it mean the end of the cease-fire or do some on the separatist side do they continue to take more territory. the question is does this slow down the violence or do we see yet another econgratulation. back to you. >> nick paton walsh, thank you for scrambling your report for us. 11.4 million, that's how many americans have signed up for private health insurance

through 2015 through obamacare exchange. the white house says the number beat their own projections for the year. people who had trouble because of technical glitches or long wait times now have until february 22nd to sign up. remember the civil rights probe into the shooting death of michael brown in ferguson, missouri? we're told it's reportedly winding down. attorney general eric holder says the results of the investigation, as well as a broader investigation into the ferguson police department itself will be revealed before he steps down. that is expected in the next few weeks. new developments in an apparent road rage case that ended in murder. investigators say tammy myers went looking for the man who had confronted her. myers was gunned down in front of her home last week. police say myers returned home from the initial could be frontation picked up her son had a gun and went looking for the driver. the man that police are looking for has not yet been apprehended

or identified. >> a little confusing but very -- >> terrible. >> obviously because of the end. it's also how these situations build on themselves right? he did something to her. that seems wrong, she went back home her son had a gun, now you have two people are angry. son very motivated to help the mother. they go back out. she winds up dead. >> road rage incidents are real. everybody has experienced it. at least mildly. you have to figure out a way to deescalate that. >> usually assume they're spontaneous, i'm mad at you for what you just did, it happens here and we move on. not always. another story is the dangerous cold in the northeast. take a look at this. it led to a frontic rescue in new jersey. what we're looking at here a 14-year-old trapped on the frozen waters of this bay, climbed on to a pipe. slipped off. luckily rescued. treated for hypothermia. horrible situation. as multiple deaths have been blamed on this deep freeze that's why you worry about kids or anybody in this situation.

let's get to meteorologist chad myers, not just about the numbers, chad these conditions cause problems on the roads, for our homes and pipes and obviously personal safety. >> a lot of black ice on the road even in atlanta. down to 23 i was driving and i'm looking at it all over the place, going wow, you want to go straight over the top of it you start turning, there's black ice everywhere. look at the wind chill factors. it fields like 19 feels like 10 in washington, d.c. but it feels cold all the way down to orlando. this cold front is all the way down into florida. and it's not changing. this is the next three days here's monday tuesday, wednesday, thursday there's friday of next week and the cold is in the east and it doesn't go away. it warms up slightly in new york city for saturday into sunday. but there's also a chance of some ice coming in on sunday night. buffalo, you would never get above 10 for the next three days and look at the lows new york city down to 4. boston 4, new york city on

saturday 9 and the warm-up on sunday to 27. talking about the cold air in the midwest. chicago, it just feels unbearable out there and all the way down to the deep south, orlando, tomorrow morning all the way down to 34 for friday morning. 30. they'll be covering up all the plants. look at atlanta, we don't get that cold here 14 degrees there will be record lows set all across the country on friday morning. guys back to you. >> my feelings that it's wrong to blame chad for the weather -- >> are over? >> they're wavering i find it more convenient to focus my anger on a person. >> i understand. and there's chad. >> chad thank you so much. all right, a federal judge halting the president's executive action on immigration. president obama says he's ready for a legal fight. which side will prevail? >> and boy, this is a provocative question -- antisemitism. is it on the rise in france. this man, he put it to the test. we'll show you what he did and the results on the video.

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today, is judge said no they're on hold. >> this as new poll numbers show a shift in for republicans in the 2016 presidential hunt. >> here to break it down paul begala and republican strategist and cnn political commentator kevin madden. thanks so much for being here. kevin, let's start with what the federal judge is saying about the president's executive action on immigration. how big a setback is this for president obama do you think? >> well i think it's a setback for the issue of immigration, mostly. it is an affirmation by for many republicans of what they've always argued. and what president obama before making the executive action argued as well. which is he does not have the authority to take this action so legislatively, this puts us in the place, we're back right where we started. i think as a republican one of my big worries is that while this is maybe come as welcome news for many folks on capitol

hill who are fighting with the president on this i do worry that this is one of those issues that we continue to define ourselves by what we're against, instead of what we're for. as we head into 2016 we have to do a better job of defining ourselves by what we're for, what a modernized immigration system would look like and how it would serve our economy and how it would serve our national security interests. >> kevin, why isn't the ruling making the republicans back off on the threats to close down parts of homeland security? >> well that's a much larger fight that's taking place up on capitol hill. >> it goes specifically to your point about tactic. >> i think this ruling will actually help broker a deal. now that that many folks on capitol hill see that the issue is not going to go forward as the president planned and instead they have to come back to the bargaining table and see how they're going to fund dhs. >> paul let me show you a new cnn poll that shows how the american public thinks the president is handling illegal

immigration -- 40% approve. 59% disapprove. what do you make of that? >> that's entirely consistent with where our cnn poll was in november. in the main, people support the president's position. which is we should set priorities in deporting people. we should focus our attention on deporting gang-bangers not grandmothers. but they don't want him to do it by executive order. they want congress to fix this problem. the president is doing all can he with the powers he can to win the court case. >> how do you know he's going to win the court case? >> because mr. fordham law, i went to the university of texas school of law. because seriously, he's got precedent, five presidents have done this. all he's doing, he's supposed to faithfully execute the law. as executing the law he's saying i'm telling my law enforcement people to make these priorities. focus on people who are real threat. not on people who are no threat.

beyond that this is immigration, the states are not to have a role in immigration. he's going to win the case. but the problem is even if he wins the case people don't want the president to act unilaterally. they want the congress to fix this permanently. and i think they're right about this frankly. >> it's about the how, not just the what. >> gentlemen, let's look at republican field for 2016. cnn has a new poll in terms of who leads. interesting kevin here mike huckabee is at the top of the poll with 16%. jeb bush has dropped to second at 14%. then you see scott walker followed by rand paul. ben carson chris christie. after that. what do you think of mike huckabee being the leader? >> he's at the top of a poll where that has a bunch of people all jumbled together. think the poll overall says that the republican race right now is wide open. it's really anybody's game. the national polls mean a lot less to me if i'm working on one of these campaigns, than some of

the state polls. and but you know mike huckabee he's very well known by republican voters nationwide. he's very well liked. but he's also very well like and well known in the critical early state of iowa. so he'll have an opportunity to shape the race early on. >> paul let's put up some democrats numbers. which candidate represents the future. clinton, she gives you your 50% right there but warren and christie 46 and 43%. do you think that i don't know what that poll is. in terms of who represents the future paul do you think that's a sticking point for hillary, yes, she would be the first woman that's huge can't underestimate it. but been around for a long time. people like change i've been hearing from you guys. >> and yet, more than anyone else we tested more than anybody, more than marco rubio, who was like in diapers when hillary became first lady. hillary is seen as the future. she's been one of the most famous women in the world for over 20 years and yet, the

majority of voters the only candidate in either party, who the majority of the voters say, well that's the future there. i think you're right. it's because she would be the first one. i know this not because of law school because i had the placemat of all the presidents white guy white guy white guy -- there's obama and no women. my old friend karl rove this attack on hillary calling her old and stale and somewhere karl is crying in his coffee because that thing has really failed. >> if only we had the placemat in our preparation for the presidential quiz show. that i don't know if you gentlemen saw but -- >> that's what you need. >> i was one of the victors, just mentioning for sake of accuracy. >> thank you thank you. i had to carry jake tapper. it was a little embarrassing. chris is still smarting from the -- >> it was one of the worst experiences of my life. i don't know how else to put it

kev. >> maybe they have a bib chris. >> i had my money on john berman. >> a strong showing. >> the two guys they're both so smart. but i thought it was going to be about was this person president. i was going to be like you know was grover cleveland president? who knew? >> paul begaga kevin madden thanks so much. nearly a year after malaysia airlines flight 370 disappeared, how many pieces of the plane have been disappeared? we'll take you inside the search. we've had a major event in the "american sniper" murder trial. the prosecution has rested its case was that surprisingly quick? was it convincing? now a big piece of evidence that you're seeing right in front of you, the jury got to hear eddie ray routh's questioning of his own sanity. what did he say? how will it play? we'll tell you ahead. stay still, like a statue. just like a statue. just one more. look here! when your day goes on and on you need 48 hour odor protection that goes on clear for no white marks.

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in our house, we do just about everything online. and our old internet just wasn't cutting it. so i switched us from u-verse to xfinity. they have the fastest, most reliable internet. which is perfect for me, because i think everything should just work. works? works. works! works? works. works. president obama says the law and history is on his side in spite of a federal judge's decision blocking his orders on immigration. the president is trying to

protect millions of undocumented immigrants from being deported. the judge says the president's actions violated procedural rules. the president says he'll prevail in the courts and the justice department is appealing. the measles outbreak getting worse. the center force disease control confirms 141 cases in 17 states. cnn's chief medical correspondent, sanjay gupta joins us in our next hour to discuss what's next. it has been nearly a year since malaysian airlines flight 370 vanished and search vestals are still scouring the southern indian ocean. however, not a single piece of wreckage has been found. we have cnn's anna coren live in perth, australia, any news? >> chris, still no clue no debris nothing. as to what happened to mh-370. there are two vessels here at port in perth. that have come in to get new crew supplies and fix equipment

before heading back out. in total four ships are scouring this area the initial search area was half the size of the united states. it's been narrowed down to some 60,000 square kilometers still an enormous area. they are literally scouring every single inch of the ocean floor. the challenges they are facing below the surface, it is this horrendous conditions really. the topography you've got underwater mountains, volcanoes, cliffs and troughs, that's causing huge problems for the sonar equipment. and then above the surface, you have the weather. the crews have encountered three cyclones on this last trip. as well as waves of up to 16 meters. so it really is difficult and yet the search continues. now, the real concern is a third of it has been looked at. this priority area has been covered. they're hoping to cover the entire area by may, the fear of the families is that once this is completed.

that malaysian airlines will wrap this up and that the search will no longer continue and they will never find out what happened to mh-370. alisyn? >> just such a mystery. thanks for the update. we're getting a first look of this surveillance video that captured the moment when a gunman opened fire on a kansas city bus. in december. injuring a 15-year-old girl. investigators believe the girl's boyfriend, who was seated next to her, was the shooter's target. that gunman is still at large. what a world, what a world. so a little sports news for you, alex rodriguez, do we know who he is? the big yankee guy, p.e.d. guy, that says he's apologizing, he says he's sorry, he will not do it again. he wrote it out in a letter handwritten. >> good enough for me. >> cover the post andy scholes with this morning's "bleacher report." i think it said not accepted signed yankees fans. you know just one editorial

reply. what do you think is going to happen here? >> well think a-rod did not do in the handwritten letter is admit to using performance-enhancing drugs while he was with the yankees. but he did apologize for pretty much everything else he did over the last two years. a-rod in the letter says i take full responsibility for the mistakes that led to my suspension for the 2014 season. i regret that my actions made the situation worse than it needed to be. i accept the fact that many of you will not believe my apology or anything i can say at this point. i understand why and that's 0 on me. a-rod went on to say, i'm ready to put this chapter behind me and play some ball. a-rod will have to face the media when the yankees' position players report to tampa for spring training next week. that will be interesting. more troubling reports surfacing surrounding football and the new england patriots according to espn outside the lines, a locker room attendant for the patriots tried to introduce an unapproved special teams football during the

infamous deflategate game. a official became suspicious when 48-year-old jim mcnally who is a locker room attendant handed him a ball that had not been marked for the kicking game. the official said he found it odd that a locker room attendant was on the field during the game. nfl special investigator ted wells has reportedly interviewed mcnally and the report doesn't look good for the patriots there's no explaining this away with weather conditions and the balls get deeg flated because of the atmosphere. this looks like if this report is true it could be a blatant attempt at cheating. so it will be interesting to see what comes of this. >> i'm shocked, shocked, andy scholes, did you say cheating? >> i did. >> coming off the a-rod story, it's like here we have this like whole scandal about performance-enhancing drugs. this guy is coming back he's going to play. we know he's going to play. and you have the football thing. where is it on your cheetometer?

>> where is it? >> this one, the deflategate would be a bigger deal to me than the one football for the kicking game. but it's all about the principles and making it an honest game as opposed to -- >> let's start with getting all the criminals off the playing field and those who abuse children and wives and then we'll worry about the footballs. >> a lot of work to do andy scholes, thanks so much for that. you won't believe what happens when this jewish man walks around the streets of paris. he joins us next to talk about this walk. that has gone viral. 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? lilly. she pretty much lives in her favorite princess dress. but once a week i let her play sheriff so i can wash it. i use tide to get out those week old stains

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♪ ♪ i'm almost done. [ male announcer ] now you can pay your bill... ♪ ♪ ...manage your appointments... [ dog barks ] ...and check your connection status... ♪ ♪ ...anytime, anywhere. ♪ ♪ [ dog growls ] ♪ ♪ oh. so you're protesting? ♪ ♪ okay. [ male announcer ] introducing xfinity my account. available on any device. what would happen if a jewish man try i had to walk around a muslim neighborhood in paris? one reporter attempted it. his experiment has gotten three million views online.

>> in light of this video, and the paris terror attacks what is the level of antisemitism in the city of love? let's bring in that journalist zabika cline joins us from jerusalem. good morning. >> how are you? >> you put on a yarmulke and decided to walk around paris even into some predominantly muslim neighborhoods, you had a hidden camera following you. why do you do this experiment? >> i'm a journalist for a daily newspaper and i decided to i cover jewish world for many years. and i speak to jews daily all around the world, specifically

in europe. i've been to the shooting in toulouse in 2012 and to other terrorist attacks and i kind of wanted it to see what's really going on. i wanted to not only base our coverage on what we see online. what we hear from people but to see what an average jew goes through in a day in paris. >> it makes perfect sense. i want to just go by online gossip. you wanted to experience it. what happened on this walk? >> there was certain criticism about the fact that we only put in a minute and a half. but we weren't going to put in ten hours. the efforts were to turned around people pointed at me and stuff like that i think that's something that maybe like a pretty woman goes through every day. something that i never felt. but you know that's i think that's you know decent it's not something which is terrible. but the more we went to certain

neighborhoods with a larger muslim population the attitude towards me changed. people spit at me a few times. people cursed me. spoke in a very not nice language. >> when you say not nice language. what were some of the things that were said to you? >> speaking about sexual relations and in certain ways. calling me a jew. yelling out you know jew or what are you doing here? referring to me as a dog. jerusalem. it was also scary, because four jews were killed just a little bit more than a month ago in a kosher supermarket in paris, not

a neighborhood. >> at one point you encountered a young muslim boy. what did you hear him say? >> >> i don't know what you are talking about. >> with his mother. >> yes, a muslim boy walks by me. i was told i had security guard you know around me and he came up to me after and said this kid told his mother what is this guy doing here? they're going to kill him. this is a neighborhood that jews maybe used to live in actually but you know but don't live there any more because of the violence they have received. you know from different immigrants. that moved there, this is a neighborhood that jew was not walk in today. >> that raises the larger issue of as you know there's so much controversy about no go zones and whether they exist in paris,

now that you've had this experience do you believe that there is some neighborhoods where nonmuslims cannot go? >> i thought that i believed that until i went no go zones. there are no jew zones. i think that my photographer who is jewish but displays himself as a jew, walked in front of me with a backpack on his back. with a camera hidden camera. nobody told no one told him anything you know. i was the problematic person. he could have just been average french guy. so i think at the end of the day, you know it's really no jew zones. and also you know areas where security is afraid to go and get near because it's just too dangerous. >> zvika klein, the video is fascinating to watch and

terribly disturbing on so many levels thank you for sharing your experience. can you tweet us at new day, you go to facebook.com/newday. we'd love to hear your reaction to this story. we had a big moment in the "american sniper" trial. eddie ray routh talking about his own sanity just moments after being arrested. carpenters and even piano tuners were just as simple? thanks to angie's list, now it is. we've made hiring anyone from a handyman to a dog walker as simple as a few clicks. buy their services directly at angiealist.com. no more calling around. no more hassles. and you don't even have to be a member to start shopping today! angie's list is revolutionizing local service again. visit angieslist.com today. toenail fungus? don't hide it... tackle it with new fda-approved jublia! jublia is a prescription medicine proven

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welcome back to "new day," today, a new challenge for the defense in the trial of the man who killed "american sniper" chris kyle and chad littlefield. the defense team is at the center stage now. the prosecution has rested. but there were big elements we want to get through. we have our experts to help us do that. we have joey jackson, hln legal analyst with us and criminal defense attorney and mr. paul callan cnn legal analyst, senior partner at callan legal. a former nyc homicide prosecutor as well as criminal defense attorney. big moment, fellows, this is eddie ray routh in the back of a

squad car, he's talking about his presence of mind. the jury got to see this obviously compelling for the jury to see the defendant in his own words in the elements so close to the scene of the crime. what do you think it did for the prosecution, mr. callan? >> it's always a mixed bag in this case because it's an insanity case. and you listen to him, half the time you think -- he's mentally ill. he's crazy. the rest of the time you say, you know something, he understands the difference between right and wrong. prosecutors are going to say even in that rambling discourse, he indicates he knows the difference between right and wrong and that's all they have to prove. >> you see indication that this could be used by prosecutors to show plan or? >> absolutely. >> some type of manipulation. >> plan, scheme manipulation all of it in the rambling he talks about how he planned to you know his escape and the killing and there are lots of details that are going to focus on to say he's a planner, he's a schemer, he knows right and wrong. >> it shows one thing from a defense perspective, that is the grip of psychosis, remember how

the defense is plotting their case they're talking about a person who is delusional who is paranoid. who certainly has no knowledge or concept of anything. and so i think when you have ramblings like this which are uneven which are irrational which are not lucid. which are not clear, it plays into the whole issue of where am i, what am i doing, and is it the apocalypse. >> joey jackson says the trial is over because you tell us, joey joey they say the trial is over. >> i think it's a significant moment when you are prosecuting a case you have your theory you have your plan. and if the prosecution's argument is it was the drugs that made him do it and we all know that voluntary intoxication, voluntarily consuming any type of drug is not a defense in that it affects your state of mind. when you're a prosecutor and you introduce evidence before that jury two vials in this case suggesting that he is that he

did meth that's inexcusable, particularly when we find out the vials were not his. how could you make such a misrepresentation? it's inexcusable, the defense asked for a mistrial. weren't granted it they were given a curative instruction, it's ground for mistrial and it will be grounds for an appeal. >> supreme court of the united states said we give people a fair trial, not a perfect trial this was a mistake, obviously. >> you're a meth head that's fair? >> listen everybody knows and as a matter of fact it's been the defense contention that he has drug problems. they haven't denied it at all. they're saying that's part of his ptsd. the prosecutor of course has said that's no defense under texas law. that he's a drug user. so there's nothing here that has been inserted into the case that wasn't in the case before. so i say, they're going to get a curative instruction and on appeal an appellate court is going to look at the record and say, it didn't move the needle

significantly. no reversal. >> i know we have to move on but the issue is this is a distinction between being a drug user and abuser and a recreational user of marijuana. it's clear he uses marijuana with his mom, his uncle, his girlfriend. >> and alcohol. >> but that's not meth. >> that's not meth. >> the prosecution finishes its case the question is one, paul callan why so quick? and how do you think that plays to their advantage here? >> this is the typical texas rocket docket. they're looking for a streamlined case to go in. they want to show quickly, i mean they have an overwhelming case obviously, he's the murderer. they also show why he did it. they put motive it's a strange mote i have been. he was angry because they weren't talking to him. it demonstrates that he knows the difference between right and wrong. what they're doing is they're setting up now, if the defense tries to put in a compelling insanity defense. the prosecutor will come back and fill in the hole. i think it made sense sens for them to move fast to make their case. >> remember all of you at home

as these two gentlemen have taught me. the defense has no burden to put on any case it doesn't have to the state has to make the case against you as the defendant. you don't have to prove your own innocence. if you want to argue an affirmative defense, which they want to do with insanity they have to do that. it's case in chief begins with the mom. joey why the mom? are you trying to get my heartstrings going? >> a couple of things chris, not only the heartstrings and emotions more than that the issue, chris mentioned an affirmative defense. in the state of texas if you want to show insanity you have to show by a preponderance of the evidence is it more likely than not, the defense has the burden of showing he's insane. you put the mom on what does she say, chris? she talks about a a person how he grew up how he changed, how he served in iraq. when he started carrying bodies during the humanitarian mission in haiti, it changed him in a substantive way. he goes voluntarily to a hospital for psychiatric

treatment. he's civilly committed against his will a year later. we also learn about his you know schizophrenia, the type of mental state that he had. his emotions his mindset and i think this goes a long way of establishing beyond not beyond a reasonable doubt, but by a preponderance of the evidence he's insane. >> it was a good day for the defense. the mother was very compelling for him. but we always have to come back to the concept that legal insanity is not the same as regular insanity. it's a rare form that less than 1% of criminal defendants are able to prove in court and i think in the end, prosecutors still has the strong case that he understands the difference between right and wrong. >> just for clarification, paul and i have discussed this before. insanity defense is used in 1% of the cases, it's effective 25% of the time. so one in four defendants actually prevail -- >> meaning .25% of the time it's

successful overall. that's a minimal success rate. >> it is. >> even joe judge jackson would be embarrassed with that kind of success rate. >> not if it was against you. >> this is the only case we're going to worry about in terms of whether it comes or not. we're not going to give a winner today because the defense is just starting its case and we want to see what happens here. pts, great to have it out in the open for people to be talking about post-traumatic stress. however the idea that it makes you violent. if the defense argues you that that could be a tricky thing for them it will cut both ways with the mental community. >> we'll have more on this. watch this tonight, see it right there it's called "blockbuster" the story of american sniper. tonight at 9:00 p.m. eastern on cnn. it's a big story, there are many for you, so let's get to it. a large-scale offensive by isis militants. >> kurdish forces repel the new wave of attacks.

>> we're not going to win this war unless we identify the enemy. it was more of a gang member than he was a violent extremist. >> he did this because of an enormous anger towards the danish society and the feeling of being an outsider. suspicious activity on the part of hernandez. >> inside the vehicle, it appeared that he took his phone and took it apart. >> you didn't see him smashing his phone, did you? >> this is "new day," with chris cuomo, alisyn camerota and michaela pereira. >> good morning, everyone welcome back to "new day." we do begin with breaking news for you out of iraq. kurdish forces hammering isis. the peshmerga drilling the terrorists with air strikes in response to a major isis offensive. >> no question isis is trying to overrun kurdish defense positions. but the kurds are some of the strongest fighters the coalition has on the ground and they did not back down. for the latest we get to cnn's

ian lee live on the ground in cairo. what do we know? >> well chris it was intense fighting close-quarter fighting for five hours time between isis and peshmerga fighters. toward the end of those five hours, we know two lines separated again and that's when coalition forces were able to start air strikes. before they couldn't. they couldn't risk hitting boesch merga fighters as well. we know that isis according to the peshmerga lost 40 fighters. a lot of them we're hearing are foreign fighters. peshmerga have been very vague on the fatalities on their side. although they're saying they lost several men in this attack. where we know this is it's along the zeb river and there was multiple fronts on this attack. several villages simultaneously being assaulted. it's roughly 25 miles from the kurdish city of erbil and if isis forces push through this front line they would have had a clear shot all the way to erbil. although peshmerga fighters most

likely wouldn't have allowed them to take the city. this is over 600-mile-long front line. the peshmerga fighters are thin in certain areas as they're trying to surround mosul and go after mosul. the isis fighters probing that line. trying to relieve that pressure. chris? >> the pictures of that dmunt just community just destroyed. what will happen to those displaced? how will they get their lives back? or will they become an added group in iraq? ian lee, thank you very much. the u.s. has a secret kill list to help take out members of isis. let's get to cnn's pentagon correspondent barbara starr joining us with details. i know it's a secret list but we're learning things about it. what do we know about who's on it? >> well number one on the list maybe no surprise to anybody, abu bakr al-baghdadi. the leader of isis. he is the one the u.s. wants the most. but what this list of about two

dozen isis operatives really reflects is a struggle by the u.s. to identify who the top leaders even are in isis. to get that critical intelligence to know who they need to go after. besides al-baghdadi. we know that the u.s. hats killed a number of isis leaders already, perhaps as many as a dozen key leaders. but as people get killed off. other people emerge in the organization. they are put on the list. it's a continuous effort to get that critical intelligence. they're not looking at going after everybody. what they're looking at is going after the key operatives that if they could kill them take them off the battlefield, it would make a substantive difference in isis' capability. alisyn? >> all right, barbara starr, thank you for that reporting. well the white house panel is the white house is hosting a panel of internal leaders today, about the fight against home-grown terrorists. this as attorney general eric holder says the u.s. is not at

war. for the latest let's get to cnn's white house correspondent michelle kosinski. those comments from holder getting a lot of attention, michelle. >> you hear of a summit going on you think okay, that sounds like a big boring government meeting, not sure what the outcome is going to be. the question here is an important one -- how do you prevent the kind of violent extremism we've seen so recently in europe how do you help local communities identify individuals and stop them? today we're going to be hearing from the president on this. and the things that he'll be talking about are you know countering propaganda. that's going to be a big topic. the white house is still not calling this islamic terrorism. because they say they want to draw from international experience fighting extremism of all kinds. and they say that the attackers we've seen are in fact not islamic, but simply terrorists. again, it will be interesting to see if there's any real progress that has been made and for example pilot programs that have sprung up. and the white house keeps

emphasizing that you have to get to the root of extremism. otherwise you end up playing whack-a-mole with the terrorists that spring up. and it was interesting to hear the attorney general eric holder say we're currently not in a time of war. he was making this comparison to world war ii when there was a formal declaration. but that got people's attention, because the administration has agreed at least since september that we are currently at war against isis. chris? >> and why are we talking about it right? because there's some space in there that makes people curious. michelle kosinski thank you very much. one of the biggest questions in the fight against isis is how to fight their ideology and propaganda. they have a new plan to counter that ideology on social media so let's bring in mr. rick stengel, the under secretary of state for public diplomacy and public affairs of course former

managing editor of "time" magazine. let's deal with the immediate when it comes to messaging and propaganda. a quick play of what the attorney general said for the audience. >> we're not in a time of war, i understand that. i said that's an extreme example. >> we're not in a time of war, i know that's an extreme example. do you understand the point of curiosity that the media has with someone from the administration once again seeming to question whether or not there's a war going on? >> chris you asked the question yourself why are we talking about this? we're here on a day that is the beginning of the counter violent extremism summit where we talk about taking it to the violent extremists. i'm relatively indifferent as to what we call it and i don't think that matters so much. what matters is the fact that we're trying to combat it we're trying to prevent it we're trying to counter it and that's what we're going to talk about today. >> well that's why i'm asking for your help. because you have the benefit of brilliance as a journalist and now you're understanding what the policy motivations are. the point would go to one of clarity.

that you say you're at war, every chance you can. because you are in fact at war and you never parse it. you do call these people one thing, your men i,enemy all the time. do you think clarity is the situation? >> we haven't declared war against another state since world war ii and we've been in many battles since then. to me that's why it's not that essential an issue. but if you talk about what we're doing trying to counter the propaganda of isil and other extremist groups that is a big issue, because this is how these people become radicalized. this is how young men become radicalized. they become radicalized on the internet. on youtube, watching these kinds of videos and getting this kind of messaging. and we want to intercede in that. we want to prevent them not only from sometimes getting that messaging, but countering it with our own message and our own story. and the story of third-party groups people who say that this is they are not doing this in the name of islam, that is not a

legitimate form of islam. this is the way that we're rebutting the radicalization of young men around the world. >> now, this is the, even more difficult part of the battle right? on the battlefield, very difficult. but battling an idea even more difficult. they put out something like 90,000 tweets a day. they're preying on a community that's very low information, very high disaffection and anger. what's the counterstrategy? you say third-party groups put some meat on the bones for us. >> it's a long-term problem, not an overnight problem. part of the idea of the summit what happens post isil? what are the other groups that will try to get hold of these young men? you mentioned the 90,000 figure for example we need to one of the things i'm doing is just to help coordinate amplify all the messaging from within the government. within the u.s. government. with our coalition partners that are taking battle to them on the ground and with third-party groups with, imams, clerics,

young foreign fighters who come back and say look this is not what it's cracked up to be there is no caliphate. there's no romance to this you will probably get killed this is the message we want to take to them. >> how do you deal with the fact that the harshness seems to be a selling point for this target audience? which is highly disaffected, highly angry, i had highly uneducated mostly, young men. how do you deal with that? if that's what they like how do you counter it? >> it's an interesting question. chris. one of the things we've seen with their message something the most violent parts of what they show are really directed towards a western audience. both to scare us and also to attract thousands really disaffected psychologically disturbed young men who actually emulate that and want to do that. that's a psychological problem. that's also a societal problem. as you say, they're disaffected, they don't have jobs, they don't have education. there are all of these efforts that we need to do collectively as countries to help raise up

that group of people. who are the target audience of violent extremists. >> i know that this will seem self-serving. is there going to be social media about how the, by the way, the united states is not your problem. we have come in to help in different situations isis is telling you we're the enemy, we're not the ones who made you uneducated we're not the ones who made you in those economic circumstances, we're trying to help the circumstances, is that message going to be out there? that's a big part of the hatred. >> one of the things i've seen in my frequent travels to the middle east and north africa and elsewhere is people there saying this is our problem. it's not your problem. we want your help. but this is a, this is a problem that has existed for generations in our culture. and we want to combat it. we want your help in doing so. so it's fine for us to say that. and i think that you know part of the strategy of the islamic extremist in terms of

recruitment to say that the u.s. is the great enemy and that does get resonance with people. but it's not the case. in fact one of the things we want to put out there in terms of our message something that we are the largest humanitarian donor to syria. we have given over $3 billion to help the humanitarian situation in syria. so it's stories like that that we also want to get out there. >> richard stengel, which name are you going to use in the propaganda or the counterpropaganda campaign against isis? are you going to call them isis? >> if you're talking about that group, i refer to them as d.a.i.s.h. which is the arabic name. i have not heard one person in the middle east call them isis or isil, everybody calls them daish. they hate being called that because they feel it doesn't give them the respect they want. >> this debate we had yesterday, are you going to call it

islamism extreme jihad? what is going to be your phrase? >> you see, my argument about this is that what these people are doing, it's by definition not islamic. it's by definition not religious, there's not a religion on the face history of the globe that has ever condoned this kind of behavior. it's terrorist criminal behavior in the name of islam. >> entermr. stengel, thank you very much. let us know how your efforts continue to go. we have some breaking news out of the eastern ukraine, ukrainian troops ron the move away from a key area that has seen heavy fighting what does it mean for the cease-fire? n nick paton walsh is in donetsk with the latest. what's happening at this hour? >> i stand in a mining shaft to the south of debaltseve just hours ago a ukrainian military position. you can see the rooms they used to sleep in the armed personnel

carriers they abandoned after months of defending this position. there's been a sea change around the strategic town of debaltseve within the last hour. we see armored personnel carriers back. and ukrainian troops sadly still those inside those torched by the explosions it's an extraordinary day around debaltseve where it seems that the ukrainian military has decided to pull the entirety of its force from the city. it's a symbol of the minsk agreement that it would still remain in ukraineian hands, during the cease-fire. they had encircled it and now the military superiority of the separatist-backed forces has led to them prevailing here in in a matter of days. the extent of the ukrainian casualties still unknown. but i should point out this dramatic change of hands of territory is happening on the

fifth day of the supposed cease-fire. exactly what the politics involved in this we'll stop calling this a cease-fire around me looking at the debris of the ukrainian military very quickly in retreat. there's something happening here which is certainly not a truce. back to you. >> all right. nick thank you very much. stay safe there and we'll get more reporting later in the morning. today was supposed to be a big day for millions of immigrant dreamers but their fight to stay in the u.s. is now tied newspaper court. president obama says he will appeal a ruling by a federal judge, that blocks his executive action on immigration. it gives 26 states time to sue the administration. in an effort to stop the president's immigration plan permanently. >> and new developments in the dramatic arrest in an arizona state university professor. the officer who slammed ursula orr to the ground while resting her for jaywalking has been relieve suspended.

last year the university notified farren that he was to be suspended. >> can you provide any defense for the officer. >> i cannot. >> i will this is something that we have to be clear about -- when a situation with an officer goes bad. the rules change of engagement. a point you have made consistently well is -- but why does the officer need to let the situation go bad? >> for jaywalking? i mean for jaywalking? the officer will say, hey, please don't jaywalk and you say something or do something that i take as disrespect or hostility. now it doesn't matter what you did any more we're on an entirely different playing field. >> we'll see what the investigation reveals. >> bad training leads to bad decisions, bad choices and bad outcomes. new reporting now on last month's terror attacks in paris. were the "charlie hebdo" and the kosher market attacks

coordinated? we all know vice president joe biden, he's a different guy, he's a real guy. sometimes a scene-stealer as a result. that's just joe being joe. take a look at this. what do you think? john king is going to do his best to sort this out and more. here's ash carter put on there's a moment coming here. is this a non-troversy. >> what is happening here? ameriprise asked people a simple question: in retirement, will you have enough money to live life on your terms?

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new developments in the denmark terror attack. the investigators believe the suspected gunman may have been inspired by the paris terror attacks last month. joining us to discuss this and more is the director of europol. rob wainwright. it's the european law enforcement agency which handles criminal intelligence including the investigations in paris and copenhagen. mr. wainwright thank you for joining us this morning. >> good morning. >> the latest information that we have reading media reports, are that the gunman in copenhagen may have been inspired by the paris terror attacks. what new intel have you developed? >> well we're still working on the intelligence case alisyn and i think it's so far no clear indication that there are operational links between these different attacks. and you know i think that reflects the fact that over the

last ten years, there's been a notable shift in the terrorist scene. away from the command and control networks of the days of 9/11. into now a much more fragmented network, multiple thousands of people. terror suspects who skr been radicalized on the internet by conflict experience in syria and iraq. and many of them have returned to european society, operating in an independent way. unconnected as well. making it much harder for the police to track their movements, so an inspiration perhaps, a copycat, yes, certainly, but what we're not seeing is a coordinated network of terrorist attacked activity across europe. >> it suggests you can have one lone gunman who does not need to have travelled to syria or iraq and come back. he could just be aspirational. he could just be sitting in his apartment alone and be inspired

on the internet or by recent attack. what do you do about people like that? >> well that's exactly the nature of the problem we're up against, alisyn. but we have seen a very strong response by plif chiefs and political leaders in europe since these attacks in the last five weeks. a lot of it to deal of course with the radicalization of these young men and women in our society. a lot of it about trying to tackle the propaganda war on the internet. and at europoll urgent steps to increase our effectiveness as a counterterrorism center in europe. we can track the flow of illicit firearms and financing and track these he canextremist websites online. >> it's a challenging threat and a challenging time. you've sadly been too busy since

the beginning of this year between what happened in paris and now copenhagen let's talk about the latest in paris. the media reports suggest there may have been coordination between the kosher market and the "charlie hebdo" attacks, what have you learned? >> i think that's the nature of the investigation that we're seeing. that they're between those incidents, there might have been certainly a connection we think it's concerned, connected with a terror cell that was thought to be sleeping dormant for many years, going back to 2005 2006. and again another indication of the complexity of the threats that we are facing. even cells that we thought were dormant are capable of waking up and striking back again. so this is a complex terrorist scene that we have in europe. it's important, therefore that we increase international police cooperation methods. and not just in europe we're working urgently with our u.s. partners on the scene as well. a determined response to make

sure we can protect our citizens and society from these kind of attacks. >> because of these two attacks, we have all become so much more aware and conscious of the threat throughout europe and we've learned that there are approximately 5,000 europeans who have become radicalized and traveled somehow to syria and iraq many of them then returning to their home countries. what's the plan for them? are their passports being pulled? are they on a watch list? ha about those 5,000? i think political leaders in europe are considering many different opportunities now. perhaps in particular to monitor air traffic movement across europe. monitor the way in which they enter syria and iraq in the first place. and when they come back to society. to make sure we have the right intelligence in place to identify the most dangerous suspects not all of them that would return perhaps present an immediate threat.

there's a process of what we call deradicalization to try and deal with these people when they come back into their communities. to interview them to try to understand what their state of mind is and this is an important part as well. >> in the police world of course exceptionally important to identify who are the most dangerous suspects? who are they talking to? who are they being financed by? so we can monitor their movements and intercept them before they have the opportunity to carry out an attack. >> mr. wainwright which cities keep you up at night? the paris and the copenhagen attacks came as a surprise to many of us perhaps not you as the director of europol. which cities do you think are ripe for some sort of attack or threat? >> well i think the, the nature of this threat is that we're dealing with multiple thousands of potential extremists. drawn right across europe. so it's important to recognize the global dimensions of this threat in european society and

that's why we've seen a very strong response from the european union as a whole. i think clearly those countries engaged in the military fight against i.s. and syria in iraq are more vult to these kind of attacks. we've seen the jewish communities around europe are also being targeted. by these extremists. so clearly, the police are involved in making sure that we can protect the most vulnerable parts of our society. but actually this is a general threat and we have to make sure therefore that we can do what we can to protect many countries in a more universal way. >> rob wainwright director of europol thanks so much for making time for "new day." we're not hearing as much about measles, but the fact is it's still spreading. cases reported in 17 states we have the latest on efforts to finally contain the outbreak and where the outbreak is ahead.

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update from iraq. kurdish forces regaining control in northern iraq after isis launched a massive attack there the peshmerga pummelling the terrorists with air strikes, officials say isis launched the offensive from several different directions on tuesday night. casualties have been reported on both sides of the battle. but it's not clear how many people have died. the white house says the number of people signing up for obamacare in 2015 has exceeded their own expectations. 11.4 million americans have enrolled through health care exchange and the numbers are said to keep growing. the open enrollment period has been extended a week until sunday. for people who had trouble signing up due to technical glitches or long wait times. pretty pooch time. we have your winner. miss p, a 4-year-old beagle from

british columbia took the top honors at the 2015 westminster dog show. she beat six other dogs to take top honors it was her 20th career best in show, chris. >> that's huge. >> her family says miss p plans to retire from competition after tuesday's big win. where can she go from here? she will embark on a worldwide media tour. >> should we have miss p here? we're pretty serious. >> what does the p stand for? before we commit to having her in the studio. >> pricey. i'll tell you right now. >> some morning shows have their own puppy. >> i have heard that. >> you think we should get a miss p? >> i think we've been told we won't ever have a puppy on here. let's discuss the merits of this and so much more with "inside politics," the man himself, who wins every show and just because he's pretty.

mr. john king. >> the art of the segue, my friend. >> the segue. >> thank you, my 3-year-old wants a puppy, we're delaying that a little bit. >> come on puppy love. i'm going to go inside politics with me nia malika henderson of the "washington post" and ron fournier of the "national journal." let's start with the mike huckabee surge in the poll. he ran for president in 2008. says he's probably going to run again for the republican nomination. 16%, he leads the republican field, he was at 6% in september. jeb bush down from 23% in december in second at 14%. and scott walker from 4% to 11%. rand paul staying a little bit up 10%. and dr. ben carson. why is mike huckabee surging and jeb bush coming down? >> i think for huckabee it's in some ways the book bump which is we talked about. it's also the beyonce bump.

he's planting a flag for himself as a culture warrior, he's been so easy to define and so very much present i think in a lot of these discussions over these last weeks. so that's what we're seeing. >> in the conservative media to echo that point. at a time when headlines say they're losing the same-sex marriage in the courts and bebee oncy peace-planting a flag saying i'm going to fight for you. >> a year out from the election the margin of error, you have a three-way tie, huckabee is not ahead and i think a lot of this is ephemeral. he's had a good couple of weeks and two weeks after that it will be somebody else. >> in a crowded field with no overwhelming front-runner we're going to go through this good weeks, bad weeks, walker and huckabee coming up at the moment. a big moment for jeb bush today, he gives a foreign policy speech in chicago. one of the questions has been what about your father's foreign

policy. what about your brother's foreign policy. jeb bush in his speech in chicago will say this i love my father and my brother. i admire their service to the nation and the difficult decisions they had to make. but i am my own man and my views are shaped by my own thinking and my own experiences. each president learns from those who came before their principles their adjustments, why is it so important and i'm going to say this in the question i think this is why it's so important. not only does he have to convince the country, let's have a third bush president. the last two republican presidents were named bush. so it would be boom boom boom. but bush forgive me in the morning is a four-letter word to many conservatives, his dad broke his no taxes pledge. george w. bush medicare part d mismanaged the iraq war. how important is this among republicans to say, i'm not them. >> this is huge. a good start, this is the conversation, should he run, it looks like he will. that he's going to have to have

over and over again. not only with that republican base and you mentioned these issues foreign policy and in terms of conservative social issues right? they feel like bush was sort of a phony and phoned it in in terms of how he felt about those issues that are so important to evangelicals. so he's got a lot of work to do on these issues. is he going to be credible or is the bush hangover still going to hang over him? >> i saw the issue in detroit a few weeks ago, he did it with humor, he was very effective. just like hillary clinton going to have to do it how do you separate yourself from barack obama and your own husband and be your own person. >> last night on fox news a question that's come up before. scott walker dropped out of college in his fourth year, never finished his college education, he's the wisconsin governor rising in the republican field. a long way to go to the voting. we know between now and then he's going to have to deal with this question. can you be president without a college degree? here's what he told megan kelly. >> that's kind of the elitist

government knows best top-down approach from washington we've heard for years, we've had an ivy league-trained lawyer in the white house for the last six years who is pretty good at reading off the teleprompter but done a lousy job leading this country. >> this is in its gold for scott walker. he's the guy, think he's become a conservative hero it's seen that the liberals media and elitist are going after him. so this is a good position to be and a terrible thing for democrats to do if they go after him in this way. >> but it's spun gold. he wants this issue. they're latching on to every democrat who is dumb enough to say this is an issue. they know that only 40%, actually a little bit less of the american public have college degrees. they know that a college degree isn't dispositive of whether or not you're a good leader let alone the president of the

united states. democrats if they're smart they'll shut up about the degrees. >> we mentioned the republican numbers, let's look at the democratic numbers from the same poll. tell me if you can pick the front-runner hillary clinton, 61%. joe biden, 14%, elizabeth warren 10%, and so on. when you look at the numbers, tells me just why hillary clinton has been pretty smart we're learning more about this in recent reports, reaching out to elizabeth warren including a meeting in december. if you're elizabeth warren and you're looking at 10% to 61%, you're right we're a year out from the voting and anything can change but -- not running, right? >> she's not running and some pollsters aren't even including her in the rankings of democrats. smart for hoyle toil to reach out hillary clinton to reach out to her to get advice. they want to see her, if not run, have an impact. >> they want to raise money off her name. >> elizabeth warren has done a

good job making sure she's an important player. this is a good place to be in. even if you're not running. >> hillary clinton has an advantage on it over most of the republicans. a year until people start voting a good benchmark as we start into the campaign. let's show the video, a lot of people when the president did this buzzfeed video with his selfie stick making the funny faces in the mirror using the shades, a lot of conservatives especially said this is not presidential. this is beneath the presidency. why is he doing this. he's demeaning the office. the white house says here's why we did it 11.4 million people have signed up for obamacare. they say there was a surge after this video. just like there was when he sat down with zach galifianakis. can the white house say you know we're right, you're wrong to the critics? >> yeah in some ways, i think so. millions of people watched this video. it's the between two ferns effect. it worked that time. it seems to have worked this

time in getting the right folks to sign up. >> eve not so quiet, usually. >> they've exceeded their own expectations we all like to set our expectations low and they have. they haven't met the original goal they wanted to yet and if you look at the back end of health care.gov it's still not working very well. >> we'll keep an eye on this one as well. numbers rupp but the most important thing is about how does the program work. part of the political argument the white house thinks the more people have signed up the harder it will be for the republicans to scale back. as we get back to new york joe biden made a splash on several fronts in social media yesterday. including this video here ashton carter joe biden the vice president was swearing him in to be the defense secretary. he waved his wife over and a little hands on treatment from the vice president. >> i guess it all depends on your generation and your view of

joe biden. but at one point, if you watch her eyes you can see her expression scotty beam me up. >> i think she's blinking a distress call ins more code. >> he had her hands on her and he was whispering sweet nothings in her ear. what was that? >> can you blinks more code? >> i can, if you watch the show. >> i learn more every day. the number of new measles cases is jumping higher dr. sanjay gupta joins us, next. learn more by calling 844-824-2424. or visit your24info.com.

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ed measles count keeps climbing. >> the latest numbers from the cdc show a total of 141 cases in 17 states. that's not the whole picture. joining frus atlanta live is cnn's chief medical correspondent, dr. sanjay gupta. great to see you. so what is the situation, is it getting worse in the country? >> it looks like the numbers are still going in the wrong direction, still more cases. but it doesn't seem to be growing as quickly as it had been before.

take a look at the map. quickly this gives you an idea of how quickly an outbreak can spread. with something as contagious as measles. most of the cases in california as we know. but literally coast to coast, andky tell you, this is the map from the center force disease control. we've been calling state health departments ourselves, we know the numbers are a little bit bigger. for example, georgia did not light up on the map, but we know there's at least one patient with measles in georgia as well. so the numbers have grown a bit. and we've started to break down who are the people that are getting measles, in terms of their vaccination status. take a look if you break it down. five in ten were unvaccinated. four in ten didn't know if they were vaccinated. were likely not vaccinated as well. one in ten were vaccinated. so that just again, i think makes the case for the vaccines in terms of how much of an impact they can have on controlling something like this. >> what do you hear about if any of these people or any of the sourcing of the contagion has to

do with undocumented immigrants? >> well some of that is when you look at the four in ten number not knowing if they were vaccinated they are saying either they had some did not have documentation overall, either the vaccination status or citizenship, whatever. they couldn't get the records for those people. likely assumed that they were unvaccinated. they're not breaking it down further than that. but they are sort of being in that middle category there, chris. >> sanjay if you have an infant today and you're watching our program, what are you supposed to do with a baby who is too young to be vaccinated? can they go to day care? can they go outside? >> this is probably the question i'm getting more than just about any other. let me tell you a couple of things first of all, when a baby is born from the time of birth to about six months they do have some protection even if they haven't received a vaccine. why? because the mom at the time of birth actually gives some of the antibodies to the baby. so from about 0-6 months they

have some protection. around 12 months is when they got the vehiclesen. so it's the 6-12-month period where they can be vulnerable. they're not vaccinated they don't have protection from mom. this is a big question. what we have been told by the centers for disease control is there's no reason unless measles is circulating in your area to keep your kid home from day care. can you still take your kid to day care. in some situations if measles started to circulate they may recommend the child get a vaccine as young as six months. now, they would still need one at 12 months, because their immune systems aren't quite developed enough to accept it. but they may recommend it. >> what would you say if people looked at the numbers and said i don't have to get the vaccine, it's only 140 cases, nobody is dying. >> easy answer before vaccine use, the number would be in the tens of thousands of cases, so a lot of people are getting protection you know vaccines are a funny thing. it's like proving a negative. i got this thing, i got this

shot and therefore nothing happened to me. but the point is they do work because when vaccines did not exist, you have tens of thousands of people getting infected hundreds dying. luckily, thankfully because of vaccines we're not seeing those numbers. >> dr. sanjay gupta. thanks for all the latest information, great to see you. big video being played in the aaron hernandez murder trial rather. here he is, shown dismantling his cell phone outside a police station, moments after odin lloyd turns up dead. again, dismantling the cell phone. the timing relevant as well. what does the defense have to say about this?

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welcome back. jurors in the murder trial of aaron hernandez seeing a key piece of evidence that's raising more questions. prosecutors showed surveillance video of hernandez destroying his cell phone, or trying to, the day after odin lloyd was killed. cnn's susan candiotti has more. >> reporter: it's 2:00 a.m. and new england patriot aaron hernandez is in a police station parking lot after voluntarily meeting with detectives. he gets into his lawyer's car. an outdoor police department security camera shows hernandez and his lawyer who walks away. with the car's interior light on hernandez dismantles his blackberry removing battery and cover. >> inside the vehicle it appeared that he took his phone and took it apart. >> reporter: jurors watch him pick up another phone but, first, he quickly puts his own phone back together and makes a call on the borrowed phone. >> so he's using one phone,

either texting or calling, and the other one is on his lap apart. >> reporter: without the jury present, the judge says hernandez calls earnest wallace, later also charged with murdering lloyd. wallace seen on video coming home with hernandez minutes after lloyd is shot. jurors are not told that second phone belongs to his lawyer nor that hernandez was calling wallace. the defense plays down the phone swap. >> you saw him slide off the back cover and pop out the battery. >> okay. >> i don't -- is that what you saw? >> yes. >> all right. you didn't see him smashing his phone, did you? >> no. >> you didn't see him destroying his phone, did you? >> no. >> and you're aware, are you not, that that phone was later turned over to the state police right? >> i believe so yes. >> reporter: jurors also learned about another surveillance camera in hernandez's basement. when the camera's put in he asks the installer how to disable it.

>> he asked if it was possible to shut off the camera in the basement because he didn't want his fiance to see him hanging out with his friends. >> that camera cable is labeled man cave significant because that's the only camera in the house prosecutors say is turned off when hernandez comes home and goes to his basement minutes after lloyd is shot. a gun allegedly in his hand. susan candiotti, cnn, fall river, massachusetts. >> i mean look it's a bad piece of videotape for the defense any way you look at it. you know, at trial it's this saying we have you only know what you show. and this is going to be argued on both sides, but this was a tough development. >> yeah interesting trial to follow. all right. you know what it is? it's time for cnn money now. that means chief business correspondent christine romans is here yeah yeah in the money center. >> hey, guys. i have a very costly labor dispute to tell you about on the west coast.

it's exports california oranges rotting in the sun and inports like car parts and electronics stuck on ships. now the president has dispatched his labor secretary, tom perez, to negotiate a deal. there will be more talks today. cheap oil is saving americans billions of dollars at the gas pump but instead of spending that money on other things as businesses had hoped, new data shows americans largely pocketing their extra cash and beefing up their savings, something i cannot argue with ladies and gentlemen. back to you guys. >> no argument there. no argument there. good to have you as always christine. word this morning the paris attacks were coordinated. damming evidence that you have to hear straight ahead. e financial noise financial noise

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a large scale offensive by ice city sis militants. >> kurdish militants repelled the attacks. >> it's a vital organization. >> we're not going to win this war unless we identify the enemy. >> i disagree with the texas judge's ruling. >> this immigration matter is

about presidential power. >> people don't want the president to act unilaterally, they want the congress to fix this permanently. >> i believe a jury will believe that he suffered tremendous mental illness. >> not whether he was nuts whether he knew right from wrong. >> we give people a fair trial, not a perfect trial. >> announcer: this is "new day" with chris cuomo, alisyn camerota and michaela pereira. >> welcome to your "new day." it is wednesday, february 18th. just after 8:00 in the east. we do begin with breaking news right out of iraq. kurdish forces right now are in a violent battle against isis. the peshmerga blasting the terrorists with airstrikes. this after islamic state launched an offensive in this northern city of iraq called irbil. >> isis threatening to overrun kurdish defensive positions but the kurds battled back gaining ground. casualties have been reported on both sides. for the latest let's get to cnn's ian lee.

he's on the ground in cairo. what's the latest? >> reporter: alisyn that was quite an intense battle last night lasting for roughly five hours. it was so close at times that airstrikes couldn't hit the isis fighters without risking hitting the peshmerga. when it was all done at least 40 isis fighters were killed. what we're hearing from the peshmerga is that a lot of them were foreign fighters. this was one of the largest attacks that we've seen in quite some time. it was along the river. it hit multiple villages at the same time. the peshmerga were able to repel it. this is an area though that's roughly 25 miles from irbil. if the isis militants would have been able to push through there wouldn't really be anything to stop them from going there, although it didn't look like that was their plan. what it seems more like is as the peshmerga start to choke off

mosul, that isis-controlled city it seems like the militants are trying to probe personshmerga lines. it has come at a cost. the peshmerga said that several of their fighters died in that advance and we're expecting more fighting to pick up as the sun sets alisyn. >> ian lee, thank you for that update. also new information this morning about the suspected gunman in the deadly shootings in cope ben haggan. also, there's new information that the paris attacks at "charlie hebdo" and the kosher market were in fact coordinated. cnn international correspondent nic robertson has the latest. nic. >> reporter: what we're learning here in denmark is that the death toll at the cafe at the freedom of speech venue could have been far higher. they say the gunman tried the back doors, the side doors to get in where there was a crowd of 50 people. he was only able to spray the outside windows from the front. 28 bull legts there. they're looking at surveillance

video outside the synagogue. they say the gunman appeared to act drunk as he approached the policeman and the guard outside to try to get close to them. he shot at them there using two pistols that he had. we're also getting new details from the french investigation to the attacks there. sharrif sending a text message to cowly bali. the two men had met in the early hours of the night right before 1:00 a.m. in the morning and the day of the attack at the "charlie hebdo" cartoonist. so the french authorities now getting a much closer look at how those two attacks were connected. and apparently the attack on the "charlie hebdo" almost didn't go ahead. one of the kouachi brothers apparently had stomach flu. back to you. >> nic robertson, appreciate the

reporting on that. day two of the big white house anti-extremism summit has representatives from 60 countries working together to find ways to do better in the war against isis however, they seem stuck on defining the enemy. and there was an odd moment involving the attorney general. let's go to cnn's white house correspondent michelle kosinski joining us live with the latest. tell us what he said and what it seemed to mean. >> reporter: hey, chris. he was speaking to a group of reporters and he said at one point, we're not at a time of war. in context in answer to a question he was making a comparison to world war ii when there was a formal declaration of war, but this raised a lot of eyebrows and got a lot of attention because it wasn't until september finally when the administration agreed in response to a question how is this not a war that they said yes, we are currently at war with isis. also the white house has been criticized by some especially republicans, that in this summit that's been going on continues today, they haven't called it

islamic terrorism or islamic extremism that they're trying to battle against. the white house response has been they're using international experience to try to battle extremism of all kinds and that the people who have launched attacks are, in fact not islamic in the white house's view but simply terrorists. that's easy to say when you look at this okay it's a summit. i mean oh, boy, what exactly is that going to do but the premise here is that sharing information internationally on what is working and what is not working basically can't be a bad thing. so i think it will be interesting during the public section of this to see what is seen to be working exactly and how do you know it's working? the fight against terrorist propaganda is also a big subject, and the president himself has said that is what has turbo charged isis and we're going to be hearing from him on this subject today. alisyn. >> michelle, we're going to talk more about that and bring in some context. we want to talk right now to cnn national security analyst and

author of "man hunt the 10 year search for bin laden" peter bergen. >> andy: a gentleman from the office of the muslim house. gentlemen, thanks so much for being here. peter, i want to start with you because we're learning new things about isis every day, and each one is more troubling than the next. you have studied terrorism and reported on it for years. what is most surprising to you that you've learned about isis? >> well if you look at the actions, alisyn from a rational point of view they seem to make no sense. beheading the united states journalist and attacking isis burning alive the jordanian pilot got jordan to get into the fight more aggressively. attacking the egyptian christians got egypt into the fight. isis doesn't care. they have kind of an apocalyptic view of what they're doing. they truly believe that the end

times are here that they are part of a cosmic struggle between good and evil and they're the good guys. of course the world doesn't share that opinion. unfortunately, a very small minority of people do. we're seeing this is arguably the most successful terror group in history in terms of recruitment and land that it controls. but their world view is that they are leading the fight to bring true islam to the muslim world. >> of course if that apocalyptic vision peter, i want to stick with you for one more second that is so baffling to rational thinkers and how do you ever counter the ideology of people who relish the apocalypse? it seems as though all the western efforts to try to get into their mind set are impossible. >> well, i think you can chip around the edges. the big question which paris is well equipped to answer is how do you know if you're being successful? because by definition if you intervene with somebody who's radicalizing and they decide not to become a militant you never really notice that. you may sort of feel it

anecdotally, but i think, alisyn you make a very good point. at the end of the day if people truly believe in beliefs that are basically fundamentally irrational you know that the end of the world is here and that the battle that will take place and the tiny northern town which isis believes that's pretty hard to counter. >> harris let's talk about that. is the white house talking at this summit awe tended yesterday, you'll be attending today, are they talking about this apocalyptic vision and what to do to counter isis in that way? >> well they're talking about the real issues that impact this conflict. what they're talking about is the recruitment strategies of isis which is mainly online. they're recruiting people who are disenfranchised, who are marginalized who have grievances. it's not just a narrow religious outlook. it is based on grievance, it is based on things that are happening on the ground and they seem that they have the answer to a lot of young people around

the world who are looking to find identity who might be going through identity crises. so they're looking at it comprehensively. i think it's important that we don't narrow it down and say there's only one factor that's impacting the recruitment of isis. isis is not a religious organization per se. it uses religion to justify their criminal acts but at the end of the day they are trying to feed on the identity crises and grievances that a lot of people feel whether in europe or in the middle east and north africa. >> harris you know this white house summit has been criticized for being too vague, too broad, too hastily put together. having been there yesterday do you feel substantive things are coming out of it? >> my organization's been there because there are substantive messages coming out of it. i think, number one, they're identifying that you have to be able to partner with communities. the only way that we're going to be successful in countering any violent extremism messages are communities are the ones that are leading it and communities

are the ones that are driving this conversation. it cannot be a government led, law enforcement led conversation. we have to make sure that communities are empowered, they feel that they can take up the mantle of this discussion and that their rights are protected as well because the biggest anecdote to the message of isis and al qaeda is that we live in pluralistic societies as americans, as people in the free world and that we engage together. we cannot cause divisions amongst faith groups and ethnic groups because that plays right into the hands of isis. >> in fact president obama talked about that very thing this morning in an "l.a. times" op ed that was released. our campaign to prevent people around the world from being radicalized to violence is ultimately a battle of hearts and minds. we know that military force alone cannot solve this problem. nor can we take out innocent civilians. we must continue to lift up voices of muslim clerics and

scholars who teach the true peaceful nature of islam. >> i think that is a big part of the answer alisyn. i think one of the reasons that there's such an emphasis on encountering violent extremism on the issue of social media is a lot of the voices that are actually speaking out against isis don't understand social media very well. i work at an organization new america, where we've worked with people like harris and others to kind of reach out to muslim community leaders and help them better understand tlieblgs google facebook and other forms of social media to kind of produce the more moderate voices that do exist but being kind of drowned out by isis. yes, that's vital. there have been examples of some successes here. we're going to hear from the minneapolis example where i think a lot of somali americans and somali american community kind of basically push back on the idea that young somali american men should go and fight with the al qaeda affiliate in

somalia. that's basically been a success. these things aren't very dramatic. it's not as dramatic as doing a beheading on tv which of course grabs the world's attention. it's these kinds of small efforts that take a lot of time that in the end will actually you know make an effect. >> let's hope so. peter bergen harris turene thanks so much for coming on and thanks for sharing what's going on in the summit. thank you. alisyn we have news out of eastern ukraine. signs the fire is not ceasing. pro government forces are pulling out of a strategic city after clashes with rebels there. ukrainian official says they're conducting an organized retreat that's designed to save lives and they're not giving up the city but a pro russian news agency says ukrainian forces are handing over their weapons to the rebels joompt a federal investigation now underway in the wake of this spectacular train derailment and explosion in west virginia. the oil tanker's said to still be burning this morning. they were carrying more than 3 million gallons of crude oil when cars veered off the tracks.

hundreds of families who live nearby had to be evacuated. police are being sued after an officer turned off his dash cam before arresting and tasing a suspect. police say quartez buffard was arrested because his car matched am a car. the officer is being diszblind isn't that the point of having the dash camera that you're supposed to keep it on? >> well the idea of turning off the camera. why would you have a good reason to turn off the camera? >> i don't know. >> right? >> officers will tell you all day long that they want the camera because it gives them -- >> it buys them protection as well of course. >> i don't know how you can look -- what is discipline? if you turn off the camera if there's not some explanation that makes any sense, i don't know what it would be

discipline should be pretty obvious. >> we'll follow that story. also president obama already facing a setback with his immigration plan. a federal judge in texas is blocking it. will a higher court uphold the ruling? we'll talk about that. [engine revving] [engine revving] [engine revving] ♪ introducing the first-ever 306 horsepower lexus rc coupe with available all-wheel drive. once driven, there's no going back. lease the 2015 rc 350 for $449 a month for 36 months. see your lexus dealer. i am totally blind. and sometimes i struggle to sleep at night, and stay awake during the day. this is called non-24. learn more by calling 844-824-2424. or visit your24info.com.

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need to lower your blood sugar? ask your doctor about farxiga and visit our website to learn how you may be able to get every month free. with respect to the ruling i disagree with it. i think the law is on our side and history is on our side. >> federal judge in texas has

blocked president obama's executive actions on immigration right before the first order was set to take effect. now this comes just a week after the chief justice of alabama ignored the federal government and tried to block same-sex marriages. is this a trend? is this some type of planned push back or is this how the legal system works? let's bring in jeffrey toobin. professor, may i prevail upon you to take the side of why this could be seen as somehow connected? because i don't see it. >> well i would add one more to the trend, because i think there really is a trend here in the sense of opponents of president obama having failed to defeat him, having failed to defeat enough members of the democratic members of the senate are taking their efforts to the courts. look at what's happening with health care. the affordable care act. there is a life or death case about the future of the obama care that is going to be argued in the supreme court on march 4th. this is an attempt to overturn

the immigration regulation that's about to go into effect. i think the marriage thing is a little different but it is -- you know the courts always wind up with our big political issues. that's what's happening here as well. >> right. but as we -- we who knows better than you. this especially is pretty careful about what it takes on and if it's taking on the obamacare case and if it's taking on laws like same-sex marriage why is that not just normal review versus politically motivated review? >> i don't think it's politically motivated on the court but it is on the part of the people bringing these cases. they're bringing the cases because they don't like the laws and they couldn't get them overturned in congress or in the states so they are going to the supreme court. i think the supreme court basically has no choice but to take these cases. they are the court of last resort and especially now that

this judge in texas has entered a stay and has said that this law cannot go into effect. this is going to be appealed by the obama administration to the fifth circuit court of appeals in new orleans. it's a very conservative court likely to uphold the stay. i think when you have a major federal program on hold the supreme court has to step in and say whether that's justified or not. >> texas is in the fifth circuit, what they call in the fifth circuit. that's why they have to appeal to the fifth circuit even though it's not in texas, that's where the fifth circuit seat is it's in new orleans. they said you didn't follow the rules in how you're supposed to enact this immigration order. do you question that? >> i think that really is a questionable ruling because basically what the obama administration has said is look there are 11 million people in this country illegally. we only have the money in the department of homeland security to try to evict at most 400,000 so we are going to set a policy

of how we decide which people to try to evict from the country and which people we will not. that is part of what executives do. the executive branch can't prosecute every violation of law. they can't deport every illegal immigrant so they have policies. i don't see why establishing that policy is something that needs to go through what's called the administrative procedures act, which is what this judge said the obama administration violated. so i think they're in pretty good shape legally, but these are political issues and you never know how judges are going to look at them. >> he was leaning pretty heavy on notification too, there. maybe there's some provision in the statute that wasn't followed and that allowed the judge to hang his hat on that but we'll see when it gets reviewed. now the situation in alabama we both know very well is of a very different color than what was going on in texas with the immigration executive order. that's really about the judge on

one level wanting to ignore the federal mandate for good and bad reason right? the good reason is that the supreme court hasn't spoken on state laws on marriage yet. the bad reason is that he has this argument that his faith really should be the rule for everyone in this country. >> right. as you learned in your epic interview with the chief justice of alabama, ray moore, that -- you know he has, i think, frankly crack pot ideas about how state and federal relations work in this country and about how church and state work in this country. i mean simply -- simply put, the constitution as interpreted by the federal courts is the law of the land. the states must -- must respond, must behave when the federal courts tell them what to do but as you know ray moore has a history of defying federal courts whether it's about the ten commandments or here about

marriage and we'll see whether he continues fighting as marriage works its way to the supreme court this spring. >> i mean to me obviously scotis will have to decide that. that's about cultural evolution. i was surprised how many people agreed with the chief justice and that our rights come from god, that's not just my faith, your faith, that's the rule in this country. as we both know it does not. however, in these other instances, whether it's immigration or obamacare, do you think that the president, the white house, the administration is suffering from its own tactics in part in that when it bullies something through, you leave only recourse to the courts? >> well that's certainly the arguments of the plaintiffs here. i think those are very -- obamacare and immigration are very different. it is true that with immigration he could not get a bill through congress so he acted on his own. there i think he is more

vulnerable to legal challenge. when it comes to obamacare, that is a law that was passed by congress and, you know that comes with the premature of congress. i think the courts are more reluctant to step in when they have two branches of government working together than when you do as in immigration with one branch acting unilaterally. i think there's some difference there. >> jeffrey toobin thank you for helping us understand better. >> all righty chris. see ya. >> alisyn. chris, an intense man hunt underway for a man who shot a mom to death following this road rage incident. we'll have the disturbing details that police say led to the murder. eddie ray routh questions his own sanity in the back of a police cruiser after gunning down american sniper chris kyle and chad littlefield. could that moment that you're seeing right there keep him out of prison? i've smoked a lot and quit a lot but ended up nowhere. now...i use this. the nicoderm cq patch with unique extended release technology helps prevent the urge to smoke all day. i want this time to be my last time.

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welcome back to "new day." we're learning more about a deadly road rage incident in las vegas. police say this 44-year-old mother may have gone looking for the man who later shot and killed her. for more on the story here's

cnn's sarah sidner. >> reporter: overnight continued grief and outrage from the family of tammy myers. >> she never did nothing bad to anybody. >> reporter: myers, a 44-year-old mother of four police say shot in the head in her own las vegas driveway after a road rage incident with this man. his car caught on surveillance video and this morning the man hunt continues. >> she was encountered by a vehicle that was speeding up rapidly behind her. >> reporter: police say myers was giving her 15-year-old daughter driving lessons in this parking lot. when myers got behind the wheel in the neighborhood the suspect sped up behind them and pulled to one side. that's when her daughter reached over and honked the horn. >> right or wrong, she beeped the horn. >> reporter: police say the driver then got out of his car and said something that quote, frightened myers and her daughter and the two then sped away. what happens next may have escalated the situation. >> mrs. myers is scared but she's upset. >> reporter: according to police myers returns home to pick up her 22-year-old son

brandon who grabs his gun heading off together in pursuit. >> the vehicles and persons found each other. >> reporter: myers followed the suspect before eventually breaking off and heading home. that's when police say the suspect appears as she's exiting the vehicle firing a volley of rounds at myers. my son is a hero. this particular mistake was made to keep a bigger mistake from happening. and my wife paid the ultimate price for it. >> reporter: her case an extreme example of the potential danger of rage on the roads. sarah sidner cnn, los angeles. all right. time now forty-five things to know for your "new day."

number one curbedishkurdish forces repelling an attack. global leaders talking terrorism at the white house. this as attorney general eric holder declares quote, the u.s. is not at a time of war. ukrainian forces pulling out of a key city at the center of fierce clashes. a ukrainian official saying the pull back should be complete within hours. violence continues there despite a cease-fire deal. and surveillance video suggests the suspected denmark gunman may have acted drunk to avoid suspicion as he approached a koeb pen haggan synagogue where a guard was shot and killed. the measles outbreak is getting worse. the centers for disease control confirms 141 cases in 17 states since january 1st. we're always updating the five things to know so go to "new day" cnn.com for the very latest. chris. alisyn award winning actress discovers she has adhd after her daughter is diagnosed.

so now wendy davis of lifetime's "army wives" wants the millions of people living with adhd to know they are different not defective. dr. sanjay gupta has her story in "the human factor." >> reporter: defective, that's how wendy davis labeled herself growing up. >> had a tough time staying seated in class. always found the window next to my desk and the things that were happening outside of the classroom far more interesting so i just knew that something was different. >> reporter: it wasn't until davis's first grade daughter was diagnosed with adhd that she found out she had it as well. >> my entire childhood was explained. >> reporter: despite not knowing she had the disorder until she was an adult, davis found ways to face her challenges. >> i studied twice as hard. became super diligent in the areas that i was interested in. >> reporter: for davis, that was

acting. she did find success on tv. >> we need to get something straight. >> reporter: with her award nominated role on "army wives" and with parts on shows like abc's "scandal." >> i have a vivid imagination. also am very emotional. this may not be such a great quality, let's say, in a corporate office but it really just works in my profession. >> reporter: now the actress is passing along her positivity. she volunteers for the nonprofit organization chad which provides education and support for people with adhd. >> i'm really here for those kids who aren't feeling good about themselves to say that you are different, not defective. you can create an amazing life for yourself. >> reporter: dr. sanjay gupta, cnn reporting. >> great message there. all right. well prosecutors have rested their case in the chris kyle murder trial. now the defense will have to convince the jury that eddie ray routh suffered from mental

illness when he murdered chris kyle and his friend. hundreds of thousands of people are lining up for a one way ticket to mars. that's right. one way. two of the americans training for the trip are going to join us to explain. and they need to explain.

welcome back to "new day." today the defense team takes center stage in the american sniper trial as it tries to prove that eddie ray routh did not know right from wrong when he shot and killed chris kyle and chad littlefield. how will they do it? can they do it? how did it stack up against what we saw from the prosecution? already we have people who give us great insight. cnn legal analyst sunny whosehosta and paul callan and a criminal defense attorney. thank you to you both. the big moment because the jury got to see it. the jury likes to see, likes to

hear from the defendant directly. he's in the back and he's saying things about being schizophrenic. he's saying that he doesn't know what's going on. why would the prosecution put this on? >> first of all, the prosecutor knows it's going to be brought out by the defense so there's no point in trying to hide it. >> this is like a confession and everything else. let me put it out there. >> i'm going to put it all out there. the jury in the end is going to be asked to pluck certain points from these rambling confessions. the one point being, he always comes back to the fact that he seems to know the difference between right and wrong. he says i know i was wrong at one point in time. he's constantly coming back to that. a lot of rambling. a lot of incoherent stuff but prosecutor says the whole picture is a man who understands what he is doing. >> paul reethe law relies on mentally ill and currently mentally ill. >> they're going to be instructed by the judge. the bottom line is insanity is a legal construct when you're talking about a trial.

yes, is this defendant mentally ill? we know he's got a long history of mental illness. the question is was he illegally insane insane enough under our legal construct to be found not guilty by insanity. >> do you think him saying what he says in the back of the car is enough to get him there all by itself? >> no it isn't enough. as lawyers we're all talking about the legal construct. i think when the jury goes into the jury room and they're dealing with mental illness, they put their common sense hat on and they think is this a guy who is insane in the sense that we all think about it. so while they apply the law, i've got to tell you, insanity defenses are never -- they're just rarely successful. in this case i think they've got a good shot at it. >> i don't mean to get away from the board but on this point i think it's very important for people to understand jurors in these cases when they're looking at insanity i think they're looking at if this guy gets out, is he a danger to me or my family? and look at the kind of people who get away from insanity. andrea yates.

she killed her kids. her kids are all dead. she's not going to endanger your kids. john hinckley shot the president of the united states. 's he not going to shoot me he only shoots the president of the united states. this guy, routh, he's capable of shooting anybody. >> that might mean -- >> that will make his defense a difficult one. >> that means he could be kept in a hospital? >> the jury will be afraid he's going to be on the streets though. >> to your point, i think that's a good one, but the bottom line is a good defense attorney is going to get in front of this jury and say, this is not a who dun it. we know he did it. he confessed to it. this is about the why and whether or not he should spend the rest of his life in prison or whether or not he should spend the rest of his life in a mental institution. ladies and gentlemen, he's never getting out of a mental institution. hinckley hasn't gotten out. >> you're both prosecutors. you're a federal prosecutor. they come out and they say, hey, look at these viles of crack that this guy had. not his methamphetamine.

not his methamphetamine. the defense says we want a mistrial. the judge says no, i don't think so. do you think the prosecutors knew what they were doing there? was it just an error? >> i'm hoping that it's just an error. i don't think prosecutors go out there to make those sorts of mistakes intentionally, but that sort of issue number one on appeal right? if he does get convicted and put in prison if i'm the defense team i'm going to put that up there because it's so important to an insanity defense. >> why was the judge so quick on it? no mistrial? >> no mistrial because the supreme court has said we don't have perfect trials. we try to get a fair trial. you get a curative instruction. the jury was told it was a mistake. >> that's a big one though. that's a big mistake. >> so the prosecution comes in they do a quick case. they lay it out there. they turn it over now. what does that do in terms of the defense? the prosecution put in the confession put in like all the good stuff that supposedly shows that routh isn't of right mind. what does the defense have to do? >> it is a quick case and it's a lean case.

five days of testimony. we see these cases. >> too lean or lean? >> i think lean. i think that's the appropriate way to do it because you're sort of on the offense as a prosecutor. you put all of this stuff in. this is a defense case. it's affirmative defense. the defense has to prove he's insane. you want to see what the defense does and then maybe put forth some evidence as a rebuttal case. >> doesn't mean they're always over. they can come on and engage. >> i think it's the defense's case to lose at this point. >> i think it was a little too lean actually. they're depending on the movie because people know kyle was a hero from the movie. they didn't develop the victim's life the way they normally would. >> sunni says it's the defense's case to lose at this point. how -- what's the other side of that given how narrow texas law is when it defines legally sane? >> well the prosecutor has the right to call his own psychiatrist. the defense will call a psychiatrist to say he fits the

insanity definition in texas. he's schizophrenic. he doesn't understand the difference between right and wrong. the prosecution will step in. he knows the difference between right and wrong and in between the lines they're trying to send a message to the jury don't let this guy out. he's dangerous to society in general. >> i'm probably leaning too heavily on the process and i keep leaving out something that may matter most of all. yes, this guy was a veteran. he served the country. it quite possibly messed up his mind and his heart. he killed chris kyle who is widely regarded as an american hero and this other guy, chad littlefield, who was trying to do the other thing and help veterans. could that alone with the jury having that in their head about the lives taken not want to hear anything else? >> i think certainly it will play a part in t. i've seen the movie. you've seen the movie. everyone's seen this movie. but a good jury can put that aside. i think we've got a good jury here. you have to also remember this defendant was a marine. chris kyle was devoting a lot of

his life to helping marines. so if you're a good defense attorney you get up there and you say, you know this guy needed help. chris kyle was there to help him and let's help him now. i think you can sort of change the dynamic in the courtroom because he's -- this -- you know isn't this defendant worthy as an ex-marine of some empathy. >> i agree with sunni. i think they're going to get kyle to reach out. he's a guy kyle was trying to help. >> can i just say one thing? i think what's going to be very very important in this case is the text message that chris kyle sent saying this guy is nuts. that was right at the time of this encounter. i just can't imagine that chris kyle the victim recognized that there was some sort of psychosis going on and the jury is going to disregard that. >> nuts can mean different things to different people. paul callan thank you very much. sunny hostin as always.

we'll have more here. it's called blockbuster, the story of american sniper. you can watch it tonight at 9:00 eastern. dozens of americans trying to get a one-way ticket to mars. we're not kidding about this. they're planning to go to mars but why? you have to stick around for this next story. we're talking to two potential mars travelers ahead. [ julie ] the wrinkle cream graveyard. if it doesn't work fast... you're on to the next thing. clinically proven neutrogena® rapid wrinkle repair. it targets fine lines and wrinkles with the fastest retinol formula available. you'll see younger looking skin in just one week. one week? this one's a keeper. rapid wrinkle repair. and for dark spots rapid tone repair. from neutrogena®.

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if you've ever fantasized about getting away from it all, here's your chance. 33 americans now one step closer to doing that by taking a trip to mars. their mission is set to lift off in the year 2024 and it will bring two dozen lucky people to the red planet. but there's only one minor catch, it's a one-way trip. two potential future martians

join us now. great to see you two crazy space travelers. wow! >> great to see you, too. >> chris, why do you want to go to mars? >> well alisyn i think there are a lot of great reasons to go to mars. if i had to choose one, i would say that it is that on mars we can answer scientific questions that we cannot answer directly on earth. the most important of which is are we alone in the solar system and the universe? mars was once a warm wet world, a lot like earth, but it became dry and cold. when it was warmer and wetter did it ever foster life? if so is that life still there? we've been exploring the planet for almost 40 years using robotic probes and from orbit but i think there's no substitute from putting human boots on the ground human scientists touching the soil analyze it directly and answer a fundamental question that we've always wondered about. >> okay. sonya, 200,000 people applied for this opportunity.

you are one of the 100 finalists. why do you want to move there permanently? >> this is an opportunity to become part of a legacy that stretches from christopher columbus and magellan all the way to kneel armstrong and buzz aldrin. mars is going to be the next giant leap for mankind. i can think of no more noble or exciting endeavor to be a part of. >> sonya, i read that as a child your parents, one of the only shows they let you watch, was "star trek." do you think this is the origin of your interest in space travel and moving to mars? >> without a doubt. it was the -- it was remarkably informative show for me as a child, and i think what i loved most about it was that the space exploration, totally fabulous but it was always about a team effort. it was always about rising above hurdles and obstacles, working together and being the very best versions of ourselves.

i feel like space exploration gives us the opportunity to be the best versions of ourselves. >> chris, the trip is ten years from now. how are you preparing? >> well in some ways like sonia, i'd like to think i've been preparing my entire life. i wanted to be a scientist my entire age, around 9. i was inspired by the pictures of the viking landers when i was 9 years old. i've always dreamed of going to mars. now as an adult what i'm doing is i'm learning everything i can about the prospect of going to mars thinking very hard about the kinds of science that have been done there and what kinds of scientific questions we can uniquely answer with a human presence. over the next ten years, of course the program intends to train the astronaut candidates in the operations of all the technical systems that we'll be using once we're en route and then on the red planet. that includes everything from how we make our air and water from the soil to how we gather our food to how we suit up and get out into the world.

and explore and ask scientific questions. >> sonia, you do realize this is a one-way ticket. you're not coming back. won't your husband and step kids miss you? >> undoubtedly. my husband and my children are my loudest supporters my greatest champions. i would not be doing this without their full throated and full hearted support. i'm incredibly grateful to them for affording me this opportunity. and i look forward to making them proud. >> you know mars is minus 80 degrees. you guys both pagcking your parkas? >> oh, yeah. >> sonia -- >> i think they're calling them a mars suit. >> a mars suit. you will be wearing a lot of that and eating mars bars. you guys are great. congratulations on being finalists and thanks for sharing the adventure with us. we will check back in with you during the next ten years. >> thank you so much. >> okay. >> thank you. >> thanks so much. would you go to mars if you had the chance? tweet us at "new day" or go to

facebook.com/newday. over to chris. i think it's the and you don't get to come back part that i think really confuses that situation. all right. so a baker on the verge of closing her shop business was tough. she goes from making muffins though to saving lives, and that's why she is the good stuff. tasty. . and sometimes i struggle to sleep at night, and stay awake during the day. this is called non-24. learn more by calling 844-824-2424. or visit your24info.com.

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♪ i want candy ♪ time for the good stuff. today's edition is baker lesli fete. bake shop salt lake city struggling. business was slow. two break-ins. she was at the end of the line but -- >> karma comes in threes and since the first two karmas came and they were very bad i said i should be getting a very good big karma coming along. >> alisyn tells me that all the time. karma comes in three. it does come in the form of 3s. a few days ago leslie looked outside her shop. it was the subject of an amber alert. leslie not only heard but remembered the car with bella in it had been abandoned by a car jacker. leslie busted her out of the car, comforted her with what else cupcakes. thanks to leslie bella was

saved and so was leslie's business once people learned about what she did. started coming to the shop. >> that is a good good stuff. >> thank you very much. >> well done. >> tasty, indeed. time for the news at the "newsroom" with miss carol costello. >> that is a good good stuff. >> there you go. >> i like that alisyn. >> have a great day. >> you, too. >> "newsroom" starts now. happening now in the "newsroom," president obama focusing on new ways to fight violent extremists. anti-isis propaganda airstrikes but the attorney general says don't call this a war? >> we're not in a time of war. plus young, beautiful, fighting for isis. why extremist women are so vital to the terror group and how they're being lured to the front lines. also -- >> stop it! >> a st. louis arrest caught on camera sort of. >> you guys are worried about cameras. just wait. >> officers turn off