but he it's not unusual an we i was a very very deep investigation to find out what happened. >> and of course spider the search-and-residue mission is still under way we understand there's been some debris found this can't be a very big debris

field, this was a helicopter. >> absolutely. training down at this part of the panhandle of florida is a routine location for special opes units, so the profile of the mission, the type of mission that was taking place, this is, this is what happens all the time down there. and so a tragedy like this clearly attributable to some factor that might have been weather at this time of year. clearly we can't jump to any conclusions, but you're correct. the debris field could be spread out a little bit. there would be a narrow search corridor. there was another bird that was used in tandem to this one. so clearly other folks there's a live sighting of where this debris field is. they probably saw this bird go down. >> this was a uh-60 blackhawk helicopter. what do we know about their safety record? >> this is phenomenal. this is an aircraft that's been

in the inventory of the army since the early 1980s. incredible aircraft. mission profiles over the last three decades. the avians are magnificent. the ability to fly the a high speeds just over the terrain, and in a special ops mission like this pushes the limits and the boundaries of this equipment. it's a matter of routine. we do this all the time. and the blackhawk helicopter is a great platform. it does exceptionally well, it's been tested in combat and decades before that as well. bear in mind this is a platform that's been improved so we have the very very latest models in use right now. >> this is still a search and rescue mission at this hour and everyone hoping for some good kind of outcome at this hour. >> we have another developing story this morning. the fallout from the infamous letter to iran more clear now,

the obvious is the complete division of the political parties in d.c. there's also the speculation that the actions of the 47 republican senators may have been illegal, but most concerning indications that any chance of a deal with iran may have been damaged. let's get to the white house. who do we know? >> just as important, whose names were not on that letter. seven senate republicans were approached to sign and they refused to put their name on it. they're speaking out, explaining why they chose not to do so. and they say it's not that they don't agree that the congress should have more say in these goegs s goegs notion for us to write to the ayatollah and try to plain so him our constitutional system of government. >> i didn't view the letter as helping achieve an outcome that

i would like to see. >> meanwhile, while all this is going on on capitol hill there's some real legal questions being asked, whether senators broke the law potentially by sending this letter directly to iran. now this is an arcane law, it's called the logan act and it forbids any u.s. citizen from communicating without official u.s. entity with another foreign government while there's negotiations going on. doj and white house officials tell us there's no appetite in the government to press any charges to go and look at this legal authority. they say this is a political issue, not a legal one. michaela in. >> thank you for that we'll be watching. another story we're watching hillary clinton defended her use of personal email while on the clock as secretary of state. the presumptive democratic front-runner in 2016 calling it a matter of convenience, but

looking back. she raised eyebrows by returning to turn over the personal email server. senior white house correspondent zeb jelany is here with more. >> hillary clinton defended her right to keep private emails private. she's not swept away the controversy that's overshadowing her campaign in waiting. on the eighth day, she talked. >> looking back it wrov better for me to use two separate phones and two email accounts. i thought using one device would be simpler and obviously it hasn't worked out that way. >> she defended her use of private email, insisting any mistakes were innocent ones. >> even if i had had two devices, which is obviously permitted, many people do that you would still have to put the responsibility where it belongs, which is on the official. so i did it for convenience.

>> but republicans weren't buying that defense. >> she talks about convenience, all of us carry at least two cell phones at least two communicating dwigsevices. >> at the united nations on tuesday, mrs. clinton took questions for nearly 20 minutes. the same two words came up again and again. >> looking back again, looking back. >> but now she's looking ahead to a second presidential campaign and she finds herself in the middle of a new political firearm. with republicans smelling new blood on an old target. >> congressman troy goudy said he would call her to testify at least twice. mrs. clinton has said she would appear but said she had already deleted her personal email and has no plans of turning over the private email server forean independent review. >> when the search was conducted, we were asking that any email be identified and

preserved that could potentially be federal records. and that's exactly what we did. >> but this doesn't necessarily put the questions to rest. mrs. clinton was policing herself, making her own determination of which emails should be turned over. but the presidential campaign just weeks away she dismissed the criticism -- >> i did above and beyond what i was requested to do and again, those will be out in the public domain and people will able to judge for themselves. >> but long before voters can judge for themselves she faces more republican criticism and demands for even more answers -- one thing is clear, all of this is certain to carry over into her presidential campaign which i'm told is only weeks away. >> jeb zeleny thanks. another story to tell but, there are new developments in the racist fraternity video rocking the university of oklahoma. the students seen leading the racist chant on the bus now apologizing saying it was quote wrong and reckless and the

parents of a second student involved saying their son made quote a horrible mistake. their sigma alpha epsilon fraternity shut down for good at midnight. let's get to cnn's nick valencia. what's the latest on campus nick? >> good morning, alisyn. 72 hours after the video was posted the fallout here at the university of oklahoma continues. with one student seen in the video apologizing. so are the parents of a second student. >> the swrist fallout continues over this racially charged chant in this infamous video. two sigma alpha epsilon fraternity members at the university of oklahoma expelled. this student, seen leading the racist chant identified as 19-year-old freshman from dallas parker rice. in a statement he says alcohol likely played a role in his

behavior. stating in part i'm deeply sorry for what i did saturday night. it was wrong and reckless i made a horrible mistake by joining into the singing and encouraging others to do the same. though the name of the second student accused of taking a leadership role has not been released the campus okay "oklahoma daily" identified him as levi petit. their family apologizing for their son's behavior in the sae behavior. >> as they pat their backs, i hope they think long and hard about what they've done. >> the sigma alpha epsilon frat house, shuttered, the greek letters, gone from its facades. all fraternity members given until midnight tuesday to get their things out. founding member jay vinecarr says this is not what sae represents. >> i'm fighting back tears right now, it's horrifying. >> and as the scandal widens a

new controversial video from 2013 surfacing of house mom botan gilbo, she says she's heartbroken that she would be portrayed as racist. firestorm extending far beyond the university of oklahoma to a dallas community where this sign was put in front of expelled student parker rice's home. >> it's unclear if any more students will be punished. but the university of oklahoma president has promised that the fraternity will have nothing to do with the university during his tenure if he can help it. >> thank you for the reporting. we also now of a just-released isis video appearing to show a child killing a terrorist. israel's defense minister says the 19-year-old had no ties to israeli intelligence the boy's father said he did all he could

to get his son home. and a man facing federal charges, accused of shooting and killing a u.s. marshal. deputy josie wells was killed after getting into a shootout. the suspect was wanted on state murder charges, linked to a double homicide last month. he's in the hospital after being wounded in that incident. a city manager of ferguson missouri has resigned following the scathing justice department report. it found ferguson officials, include city manager john shaw, saw residences sources of revenue. that report found widespread racial bias in the police department. and in his system. in his letter shaw said he never instructed the police to target african-americans or the poor. calling the report's finding simply false. >> more fallout. a photo of a blood-stained letter introduced as a key piece of evidence in the trial against boston bombing suspect dzokhar

tsarnaev. and hillary clinton says using a private email account was all about convenience and using just one phone. but did she change her story? and the big question why won't she release her server? and as new as tomorrow. you can have a yard. or slightly less. gardening isn't about where we choose to live. it's about how we choose to live. miracle-gro. life starts here. the world is filled with air. but for people with copd sometimes breathing air can be difficult.

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hillary clinton finally speaking out about using personal email, while secretary of state. she says it was more about convenience. not everyone is satisfied with that explanation. the question is what will

happen next. to weigh in cnn senior washington correspondent zeb jelany and former direct of communications at the dnc, karen finney. let's set the table with what hillary clinton said in her own defense yesterday. at the end. i chose not to keep my private personal emails. they had nothing to do with work but i didn't see any reason to keep them. >> mr. zellny compelling as an apology, does it count as an apology and does it hold? >> it's about as close to an apology as we'll ever get to hillary clinton. she opened the door to so many more questions. she is policing this herself. she turned over 30,000 emails there are 30,000 more that she deemed personal. was she talking about the new

president, which scherr formal rival? it seems like a lot of personal emails for half of them. 30,000 were personal 30,000 were government. that's the question here. >> tara you don't think she did herself any favors with this press conference? >> no it came across as very arrogant. she was reading off of talking points clearly that this is what she wanted to say. she wasn't making eye contact. she was sticking to it. that doesn't pass the smell test as far as authenticity, she basically wanted everyone to trust me. why would i? that doesn't fly, we're talking about the clintons and they're not exactly known for being the forecast forthright trustworthy individuals. that's their reputation and the other larger question is security purposes wire.com came out and said the cybersecurity community said this was terribly

insecure anyone who knows when you have a private email server like that and her domain server was hacked in 2010 the company that her server was registered the company -- the company -- yes, it was, it's documented. kth sha she registered her domain with was hacked in 2010 and in 2014 her email tweenss between her and sidney blumenthal was hacked. >> there is no indication that anything she wrote was hacked while she was secretary of state. >> karen, what's your point about why the 2010 hacking isn't relevant? >> as i understand it the hacking was sydney blumenthal's email account was hack and that's when her email address was revealed and she had to change it. >> prior to that prior to that. >> can i say something to the security. you guys have been reporting all

morning about the state department email having its worst hacking ever last year. there's a little bit of an irony there that we're talking about she could have the safety and security well don't forget it's a server that she served with a former president of the united states of america. so the level of security that we're talking about is different than if i just ran up to best buy to buy something for myself. >> the nsa monitors are.gov security measures. they have teams of people i worked in the federal government and i know this. you know that the nsa was not monitoring private email servers on clinton.com, they don't have the same level of security. you know it's not the same level of security. it's a misnomer. >> as she said nothing has happened and the state department has been hacked. but there's a couple of other points that are really important. i think she did a good job. because there was nothing that she could have said yesterday that was going to put a fine end point on this. and we saw almost immediately,

trey gowdy says i'm going to need more subpoenas, that's what i expected so i hear what you're saying in terms of it may have raised more questions, but i think it was going to be the case anyway and i think it's important to note that people accuse her of thinking she can follow a different set of rules. what she talked about was she followed the rules. she followed exactly the rules that were laid out in front of her she did -- and also given that colin powell had personal email and had the same assumption that hillary clinton did, that's captured on the server. colin powell said he threw his away because he didn't think he needed it. hillary clinton kept them and handed them over. >> let's get to another issue. go ahead, alisyn. >> let's talk about that. trey gowdy said yes she did turn over some emails but there are weeks worth of gaps. he wants to go after her aides'

emails if she send it from her private email account to her aides' private email account, then the government wouldn't catch it at all. >> cnn's dana bash is reporting that congressman gowdy is wantsing to speebwants ing to subpoena the private emails of her aides. this is january-february of 2009. she is just joining this administration. so many tensions between the white house and the state department. a lot of tensions between the clinton camp and the bottom camp so potentially most interesting stuff will come out of this are the political conversations. trey gowdy who wants to find out who she was communicating with. we'll see if he gets those. >> hold on one second. let a table before you eat the meal. the point is there are a lot of issues that came out of this. a lot of it is going to be speculative. whether or not she is being consistent with what she said in

the past is a main issue. let's play what she said a couple of weeks ago about how many devices she has. >> so i want to ask the big question -- >> okay. >> iphone or android? >> iphone. okay. in full disclosure -- >> blackberry. >> blackberry. >> she said she used two devices, yesterday she said she only used one out of convenience. karen finney you're laughing. but that's troubling. >> why? >> she had i had one device as secretary of state, i happen to know the iphone she got, she got last christmas. so yes, in three years later, she has an iphone and blackberry. >> why couldn't she have her personal email and her government email on one device like we all do? >> you can't have -- >> a secure blackberry can't have personal email on it.

and a nonsecure blackberry can't have secure email on it. >> she has a team of handlers around her. you're telling me that as secretary of state she couldn't have someone that carries her bags that carries her papers, her folders. also carry her personal device? >> just because she has somebody to carry them she could have had two? >> yes. that's a bogus argument. the comparison is not fair. the federal records act were set in 2009 there were clearer standards and directives once hillary clinton took office compared to colin powell. did he not have a private server in his home. he was not the full arbiter of those emails. gave that talking point three pinocchios because the circumstances are not comparable. >> karen, last question was this for all intents and purposes hillary clinton's

official announcement that yes, she is running because otherwise, why would she have gone through this press conference? >> look i think she recognized there were legitimate questions out there. i think she wanted to respond. i want to respond to a point that jeb zeb made zeb, you're talking about emails when she transferred into the administration. so i think as we go through this we need to make sure we're keeping the facts straight and keeping the timeline straight about what happened when. in the federal records act, reent they gave a printed-out copy is that the statute says you have to give us a printed copy we can't take the electronic copy. >> what you can't control in this situation is her control. in terms of understanding it the fact that she has the emails she has the server is going to fuel doubt about whether everything was released. and is she being self-selecting and that means, it's a nice way

of saying is she hiding. isn't that a mistake? shouldn't she turn over the server and say, i have nothing to hide take it. >> i think where we are, that's a decision every voter, should she run, will have to make. do they believe, she's come forward and said here's why i did it here's what i did. and every voter will have to make a decision based on that and a multitude of other pieces of information and things they carry about, when they decide who they want to elect united states of america. >> tara karen, zeb, thanks so much. day through in the boston marathon bombing trial is in the books. jurors getting to see a blood-stained letter written by dzokhar tsarnaev in the moments before he was captured could this be the key piece of evidence that the prosecutors need to get a murder convection? humira works for many adults.

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seven marines and four soldiers now missing after their blackhawk chopper went down during a night training exercise. this happened near elgin air

force base in the florida panhandle. the cause of the crash still unclear there was dense fog, we're being told there was weather conditions this is a live look at weather conditions in pensacola right now. we will keep you updated. new fallout from the letter sent by 47 republican senators to iran warning against any nuclear deal with the u.s. the white house expressing concern that hardliners in iran could use that letter to scrap an agreement. meanwhile, it appears the gop letter may have violated a federal law, the logan act which dates back to 1799. >> it's believed russian hackers attacked the state department email system. they say it is the worst ever hack attack against a federal agency. the suspects are also thought to have been behind attacks on the white house email system and against several other federal agencies. do you remember how the song "blurred lines" couldn't came out and said it kind of sounds

like marvin gaye. the family of marvin gaye says justice was done. they had a copyright suit over that song. the hit "blurred lines." they found robin thicke pharrell williams song too similar to the 1977 hit "got to give it up." here are the two songs, you be the judge. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ >> what do you think? >> attorney for pharrell said they're considering an appeal. >> it's going to open pandora's box. >> we had the discussion in the makeup room this morning. there are so many songs that automatically make your ear or

brain think of other songs in the atmosphere. i feel like this is going to be the beginning. >> there's sampling that's a real thing that happens. but this went beyond that it sounds like. >> you have all of these new license agreements that they use for sampling to avoid this situation. but this may be an issue of how much cowbell there is. >> never too much. >> should they have use more cowbell. >> sound off. we would love to hear what you think. a bloody bullet-hole-ridden message scrawled on the inside of a boat could be the key to the boston marathon bombing trial this morning. deborah feyerick live from boston with more. >> prosecutors believe that's a confession sworn out by dzokhar tsarnaev when he was hiding in the boat in which he was found. however his lawyers say no it's it shows the ramblings of a fragile man under the influence of an older, radicalized brother.

and the defense wants to show the jury not just the note but the boat in its entirety. after tsarnaev's capture, a boston police bomb technician sweeping the boat for weapons and explosives discovered the note. punt tured by bullet holes, dzokhar tsarnaev believed his dead brother had reached paradise. i'm jealous of my brother, he wrote, explaining god's plan for him was to stay behind to shed some light on our actions. tsarnaev references the mujahedin, you are fighting me who looks into the barrel of your gun and sees heaven. how can you compete with that? and in his words, a possible motive. we muslims are one body he writes you hurt one, you hurt us all. tsarnaev's writings on the boat arguably one of the most critical pieces evidence in a trial with so much evidence it is stored in a warehouse the size of two football fields. more than 30 witnesses in four days have testify sod far with

potentially dozens more expected to take the stand. judge george o'toole junior yesterday dismissed court early to see the boat firsthand, accompanied by lawyers from both sides. the judge deciding whether prosecutors can show jurors cut-out panels of the boat containing only tsarnaev's writings or whether tsarnaev's lawyers will be able to show jurors the entire boat bullets, blood, writings and more into the complete look into the mind of an admitted terrorist now fighting for his life. and tsarnaev's defense team was able to make inroads yesterday, they challenged some twitter posts that had been entered by the prosecution. the prosecution says that also points to guilt and motive in terms of his actions. but the defense said the majority of the tweets in fact dealt with girls and school and studying and even getting stoned. and so when they asked the fbi agent whether he looked at all of them in their entirety the

fbi agent said no only those the prosecutor asked me to. so interesting, it was the first time the defense really challenged any of the witnesses, certainly in a meaningful way. >> so many interesting details and sickening to have to relive that. nuclear talks with iran are set to resume this weekend. despite the letter written by senate republicans to the leaders of iran. some crit sixics call the letter tureen. treason. debate investment opportunities. which leads to better decisions for our clients. it's a uniquely collaborative approach you won't find anywhere else. put our global active management expertise to work for you. mfs. there is no expertise without collaboration. ♪ ♪ ♪ ♪

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works. new developments about the letter sent by 47 republicans to iran. let's bring in rumin asguard he was the foreign policy for the u.s. central command and a director at the iran regional presence office at the state department and bobby ghosh is a cnn global affairs analyst and a managing editor at "quartz." gentlemen, great to have you here.

rumin, i want to start with you. given the fact that the senators sent as a warning to iran to say -- hey, when president obama is no longer in office this deal will not hold water as they believe. do you think that this somehow scuttles negotiations this weekend? >> thank you very much i think that parties all in all of the countries understand that there are domestic political issues and considerations going on. this is an international agreement. the six-countries are working on. i think that all of the parties stu in the context of an international agreement, that the, there's a unitary government in each government that's responsible for conducting its foreign policy. i think the iranian side the other p-5 plus one countries all understand that. so i think it's all been taken into consideration. that there's going to be some concerns opposition input and

so on. it's all part of the process. >> bobby, does it send the wrong message, however? and sort of damage the u.s. reputation to think that the president doesn't have his own house in order back at home here? >> well anybody who has been paying attention to american politics for the last seven years knows that the president does not have the house in order in that respect. i mean i think ramin is right, if you look at the responses of the other members of the p-5 plus one is silence. nobody is giving this thing oxygen no one really believes this letter was meant for the iranian supreme leader. this is a letter for a domestic audience this is a letter designed to show support for israel. this a letter designed for domestic political donors. this is not really literally meant to be a message to theiowa tolla.

>> ramin, you have expertise and emotional insight into this negotiation and process. is there going to be a deal struck? >> well you're absolutely right this is this is a deal which would change a great number of things across the board. i think that the deal is within reach. i do think that along the way, all of the different parties who are affected by the deal have to have input into the process. and i think that they're all exercising that input. but i do feel that the deal is within reach. the p-5 plus one has done some extremely hard work getting to where we are today. and i think that the key will be actually making the deal work. even if there is a deal. there is no doubt that the implementation will be

challenging. so the reaching a deal as hard as it's been it's been a year and a half soenl the first step. >> bobby, you know ramin said all the key players want to have some sort of role in this that's exactly what motivated the 47 republican senators to write the letter. they felt they didn't have any say in this. let me read to you this morning, there's an op-ed writ bin the author of that letter senator tom cotton of arkansas. he said the obama administration has completely bypassed congress in its negotiations with iran. the administration cares little about what will win congressional approval. if the president won't share our role in the process with his negotiating partner, we won't hesitate to do it ourselves. they feel as if they've been cut out of the process. >> i thinks that's a little self-serving to say that they've been cut out of the process. surely there are other way force them to get the white house attention and get information from the white house. the negotiations have been taking place in secret. we don't really know we've been

getting drips of selectively leaked information. but we don't have a full picture yet. if i were a betting man, i would say they'll probably be another postponement even if there's a deal this is only meant to be a framework. an outline by the 24th of march. there's meant to be more discussions to put meat on those bones for the middle of june. this is just step one of what promises to be a long and very complicated process. and even this step one has been so complex. so you know we'll be talking about this deal and there will be argue lts and the republicans will have their say for months and months going forward. >> ramin asguard and bobby ghosh, thank you so much. two of the fraternity brothers in racist fraternity video are apologizing, you're going to hear from a former member of the fraternity who says it wasn't always this way. how they got so this point,

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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. two university of oklahoma

students are apologizing after being kicked out of school for participating in a racist fraternity chant. their frat house, sigma alpha epsilon was shut down on campus at midnight last night. we want to turn to an alumnis from the sigma alpha epsilon fraternity. you were you were with the house from 1998 to 2003 correct? >> yes. >> let's talk about the apologies. because in essence, the apologies were directed at you. you're a student, you're a frat brother and you're african-american. let's take a look at what parker rice had to say in part in his apology. i'm deeply sorry for what i did saturday night. it was wrong and reckless i made a horrible mistake for joining into the singing. this is a devastating lesson i'm seeking guidance on how i can learn from this and make sure it never happens again. does this feel heart-felt?

>> i think that there is a degree of heart. you know that because of everything that's happening in his life right now and massive changes that he's had to go through and the attention shined on him. i think he certainly does have a degree of sincere remorse, but i don't think he fully understands of depth of his actions and how hurtful those words are to african-americans and he clearly doesn't have a very good historical perspective and maybe has never been properly educated on those things before. >> do you think expulsion is the right way to go for the school? >> i think so. the amount of hatred in those words, i think that you know if you, i feel for the african-american students at the university of oklahoma. my heart is broken particularly for them. because these are people that this is someone that's their peers. and he's he's literally just

jovially referring to the cold-blooded murder of african-americans through lynchings. and that is why this is so extremely offensive. >> take me back a little bit to your experience there. you were there and involved in the fraternity for a good long time were you the first african-american to be initiated after the second time the fraternity was chartered, what was your experience? did you feel included? we heard if some of the members of the unheard coalition saying you know as african-americans, they don't feel there's a spirit of inclusion on the ou campus. >> i never felt excluded in that house. and when i went through rush the fraternity rush the first week of school for men and they do it in the evening, they walk around to each one of the fraternity houses on the campus. and to be honest with you, sae was the only house that i truly

felt comfortable in. i went to houses where i could really feel the sense of elitism there. and i was you know let out the back door of those. you know fairly quickly on and that's kind of the symbol for rush that you know we don't think you're a good fit here we don't think you're good enough. and sae was, i never once felt that at sae. and i saw the diversity there at sae. and my experience was, couldn't be any more different than what it's turned into today. >> what do you make of this t then, john thonnathanjonathan this is egregious egregious, it's horrifying. we've seen one of the founding fathers of the fraternity come out and say, this does not stand for anything that we believe in but we also know the fraternity has had issues nationally in other chapters. it's not the first time that sae

has been in the spotlight. these are your brothers what do you make of that? >> yeah. well i don't necessarily think is solely an sae problem. >> fair enough. >> sae is one of the largest fraternities in america. and i think this is more of a broader problem that we have. and that this is there's more than just one, again, my heart is broken for all of the people all the students at the university of oklahoma. because the light is shining so brightly on them right now and that is not an accurate portrayal of the university of oklahoma it's a very diverse university campus. i mean my father african-american my mother caucasian. they met at the university of oklahoma. and you know fell in love and got married, and that was back in the late 1960s, this is not accurate at all an accurate representation of the university of oklahoma and i feel really terribly about it. i think -- >> we've heard that from other students as well. who take great pride in being a

sooner. i want to talk about some of the other aspects of this. we know this kind of thing does not happen in a vacuum. there's been collateral damage. we know that the long-time chef the cook of the house, howard is now out of a job because the fraternity house is shut down. and that's another unfortunate sidebar. where do you think this is going to lead the sooners? where this is going to leave ou? what kind of discussion needs to be had on the campus of your alumni? >> well i think that -- i don't think that everyone at the university of oklahoma certainly not president david borin, i don't think he had in idea this is going on. he's been so proactive, he's worked so diligently to build the university of oklahoma into a place where people could come and learn in a safe and welcoming and open environment. for people of all ethnicities and religious back grounds. and even sexual orientations. and that really represents the

university of oklahoma. and i think now maybe certain students were aware that there are certain parts maybe of the university that need to -- and i think specifically the greek system needs to be more open and they need to openly seek more diversity. and i see sae falling into that. obviously that house changed. i think the demographics of the house changed. i think that leads to situation where intolerance and this type of behavior -- can take hold. >> we would love to talk to you more about this and we're so glad that you were willing to speak out to us as an alum of ou. jonathan davis, thanks for joining us so early this morning. break news to tell but, let's get right to it. seven marines and four soldiers are missing at this however. >> an army blackhawk helicopter from elgin air force base has

crashed in the florida panhandle. i did not think it was appropriate for us to write to the ayatollah. >> is that criminal? is it treason? >> whose names were not on that letter? the firestorm over the video extending to a dallas community. >> this is not something that has been on going in this chapter. >> i went above and beyond what i was requested to do. i fully complied with every rule that i was governed by. >> announcer: this is "new day" with chris chris, alisyn camerota and michaela pereira. >> this is cnn breaking news. >> good morning, welcome to your "new day," just before 7:00 in the east. marines and soldiers aboard an army helicopter on a routine training mission are now missing after a crash near the elginn air force base in the florida panhandle. this is a search-and-rescue

mission. washington correspondent joe johns joins us with more. >> this was a convergence of a lot of different people and equipment from different places. a training mission in the florida panhandle involving the marine special operations unit from camp lejeune in north carolina. it was a blackhawk helicopter that apparently went down. that aircraft apparently say signed to the hammond, louisiana, army national guard. they were participating in a training exercise overnight. the helicopter was reported missing. about 8:30 last night. now debris from a chopper was located by search-and-rescue teams around 2:00 a.m. search-and-rescue efforts under way and continuing right now. a second helicopter was also involved in this exercise. but the people on board that second chopper have returned and are accounted for at this time.

so that's all we know. waiting for more information from the pentagon on what exactly happened. and why. ailsen? >> joe, we'll try to get some right now from elgin. on the phone is eglin air force base official andy borland. >> i think the information you just heard was quite ache rat. i would stress we're waiting for daylight. the team from both the coast guard as well as our county partners as well as air force first responders are currently forming near the scene. we have begun to see debris washing ashore on both the north and the south side of the sound. it's an area east of the navar pass if you're familiar with that area. but i will highlight also that the coast guard has already secured that waterway.

so that in the event of civilian watercraft that might be going through that area. the area secure so it will not be disruptive of the mission. >> is it the thinking that the chopper went down in the water, not on the beach there in. >> that is correct that is my understanding. >> we understand this was a nighttime training exercise and dense fog, we had a live shot of the panhandle area and there's still dense fog there this morning. is the thinking that that's what here it is right now. you can see, i mean it's just soupy. down there, was this the situation last night as well? >> my understanding is there was, there were fog conditions all evening. and certainly were were there at that time yes. we won't know until we've actually had a chance to investigate the accident as to whether, whether it was a contributing factor to it.

the other helicopter that was part of the training mission recovered safely all those individuals on board that aircraft were reported safe and sound. there was not a mid air incident if you will. i want to make sure i'm clear on that whatever the trouble was with the one aircraft it did not involve the second helicopter that was participating in the exercise. >> when you say investigate the incident is there on-board communications that you can listen to? >> to the best of my knowledge, yes. we would have all of the traditional kinds of collection data collection opportunities that would you find in civilian crash. i probably would have to get back to you on specifics from that particular helicopter. but we will there will be very short, an immediate investigation board that will be put together and a longer-term one. normally those investigations take us a number of months. a lot of that will depend on the

debris and what we are able to collect from the accident site itself. >> are other planes able right now, with the fog to get up and take a look around? >> we duly have secured the airspace overhead. i don't know that we currently have aircraft that will be part of that rescue effort. i would imagine that once it is clear, we will be using whatever assets we can to insure why recover remains or individuals or the aircraft as we can. >> we understand the coast guard has one boat already in the water there in that area. do we know if they have seen any sign of survivors? >> no. i have not spoken with them directly. i really have not gotten any word of survivors there to the best of my knowledge, as of in the last 30 minutes, i'm not aware of the recovery of any survivors. >> were the marines and the soldiers on the other chopper able to give you any information

about what they saw? >> other than the fact that they lost contact, no. i coulddo not have any other details about how they got separated. while they were in the training mission last evening around 8:30. >> and can you just describe one more time what the area is that you're dealing with this morning? >> well it is still dark. it probably will not be daylight until another half hour at least. we do have foggy conditions here which are impacting the search and recovery efforts. but our team is already forming up and is on scene. simply waiting for the opportunity to really begin a full-blown review of the area. >> andrew borland, we are sure hoping that daylight can bear some fruit and that you all can find some survivors. >> thank you for your thoughts. >> thank you for the update. here's a provocative

question did 47 republican senators break the law by sending that open letter to iran? and what impact did the infamous open letter have on the controversial nuclear deal with iran iron? cnn is live at the white house. big questions, what are you hearing? >> well chris, just as important here in all this controversy, is whose names did not appear on that letter. seven republican senators they were approached to sign on but they refused to do so. and they're speaking out about that decision saying it's not that they don't want congress to have more say, but they don't think this was the right way to do it. >> i did not think it was appropriate for us to write to the ayatollah, and try to explain to him our constitutional system of government. >> i didn't view the letter as helping achieve an outcome that i would like to see. >> and the 47 signatories of the letter doubling down senator

marco rubio, republican from florida, says he has no regrets. he said the threat from iran is great enough that they have to take this sort of unusual move. now meanwhile while all of this is going on there's some real legal questions being asked, did senators break the law in reaching out directly to the government of iran? now the, there's an arcane law on the books, it's called the logan act. it basically prohibits any u.s. citizen from communicating with the foreign government without the official capacity of the u.s. government behind it it's an interesting debate. we checked with the department of justice and the white house officials and they say there's no appetite here to pursue any of the legal questions. say this is a political issue, not a legal one. chris? >> let's try it out with democrat senator tim keane. do you believe the act named

after dr. logan, all those years ago in the 1700s, do you believe it applies today, that this was seditious, treasonous and getting into the mix when they should not have? is this against the law? >> i don't know the law, but i'll tell you it was foolish. there's a right way and a wrong way to weigh in the right way is to let the negotiator does their job. let them see if they can reach a deal and then the deal will get put on the table and congress will have an opportunity to weigh in but these actions were basically seen as an action to undercut negotiations to say that the united states is not interested in diplomacy and we should never, never be sending that message. >> what does it mean to you that seven republican senator was not sign on? most notably senator corker who is obviously the chair of the senate intelligence committee, foreign intelligence committee? >> well chris, as you point out, that was very notable. senator corker and i together with 14 of our colleagues introduced a bill i guess two weeks ago to set, and

bipartisan seven dems seven republicans, to establish a clear process for how congress would take up a final deal. if and when there is a final deal. and that's the way we ought to be doing this bipartisan deliberate we don't need to declare an opinion or opine before there's a deal on the table to review. so senator corker clearly thinks that there's a right way to do this. and that's why he wouldn't sign on to a letter trying to tank negotiations before they were done. >> and testing the idea of the need for any legislation here you said yourself senator, that once they negotiate a deal the president, the white house, those involved at the state department, would send it over to congress for review. what do you need any kind of bipartisan congressional deal laying out the procedure. you know what the procedure is let them cut a deal and they'll show it to you. the reason that a procedure helps is the letter of the 47 show there is can be a little bit of a free for all about something like this. why not establish pretty clear

rules of the road? what our bill does is this -- it clearly sets out that the president has executive order without congress to lift sanctions that are executive in nature and there are some. or to encourage international partners to lift international sanctions. but when any deal touches upon the congressional sanctions that we enacted, at that point that triggers a review period. during that 60-day review period there can't be congressional sanctions relief. congress has the opportunity to have hearings and either approve, disapprove or take no action and we define in our bill the effects of all of those steps that congress may take. so it gives everybody, including the iranians why would the iranians make bold concessions on their program, when they want to get out from under congressional sanctions if they have no knowledge about when or if congress would ever weigh in? >> let me ask something about the premise of the letter. senator cotton says this is unprecedented because the

president is unilaterally negotiating with a terrorist entity in iran about nukes and you know every other time this has been a treaty. because a treaty by definition has a bargain on both sides. this is unilateral. iran isn't going to get things from this. they already have the things. it's only about limiting them. why is that idea lost on your brothers and sisters down there in congress? this is not a treaty that's being negotiated it's a unilateral set of restrictions. >> let me explain, you're right, it's not a treaty. if were a treaty that's clear process that would require a two-thirds vote in senate. it doesn't go before the house this is not a treaty. but it is a bargain, the president is bargaining away a congressional sanctions regime. so this isn't unrelated to congress. the core of the sanctions that have punished the iranian economy that have brought them to the negotiating table, is a congressional statute. and the president doesn't have

the power to just wave a wand and make that statute go away. and iran understands that. so everyone knows, everyone knows, congress has got to weigh in at some point. the only question is how and when. there's a right way and a wrong way. the letter trying to tank negotiations before they're done is the wrong way. >> fair point on the fact that kk congress does have a role. the ill pact of the letter you are supposed to be holding aumf hearings right now. >> today. >> to figure out whether or not to authorize force. very important. war going on by any other name. how does that affect that? >> that's a great question. i gave a speech yesterday and i said there's now a test about whether the senate of the united states can entertain tough national security issues in a careful and deliberate way, or whether we're going to be rushed and partisan. and it is posed very directly beext have a hearing today about the president's proposed

authorization for the war against isil. we're going to move very promptly into a mark-up of the authorization in a floor vote. we have got to show the public but especially the troops in harm's way that we're going to deliberate about this in a careful way and not be rushed and partisan and that's an unfortunate question that people have in thundershower mindsin their minds. >> not a time for commitment of the u.s. to be questioned when you have the iran moving up to the front lines so we look forward to seeing what happens on that. if were you a hillary clinton, would you release your server and say, here's everything? this is a nonissue look at everything. i have nothing to hide. you're not creating a fake issue on me. would you do that? >> what i would do is i would make sure that every official email was released. and whether you have to do that with the server or whether, what she's doing right now, is she's saying every official email would be released i think

that's all she needs to do she doesn't need to release personal emails nobody does but release all the official emails and that's what she committed to do and the state department is looking at them and i think we'll see those promptly. >> the concern is the specter of the unknown fuels all the speculation. and we're going to see more of it now. it's just ramping up. senator kaine, good to have you, we look forward to progress on the aumf. apologies and expulsions at the university of oklahoma. the student leading chant in the racist fraternity video admitting that his actions were wrong. the parents of a second student in the video is also apologizing. both students have now been kicked out of the school. cnn's nick valencia covering the developments from norman oklahoma. >> 72 hours after the video surfaced the apologies continue. one of the students identified as parker rice from dallas texas, he issued a statement, i want to read part of that saying am deeply sorry for what i did

saturday night. it was wrong and reckless a horrible mistake by joining into singing and encouraging others to do the same. it's a devastating lesson and i am seeking guidance on howky letter fwra this and make sure it anywhere happens again. a second student is not being officially named by the university. according to the campus daily here ou his name is levi petit. during all of this sae, the chapter fraternity house here at the university of oklahoma officially shuttered as of midnight last night. the university president saying so long as he has tenure here that house, that fraternity will have nothing to do with the university. ailsen? >> okay nick have a lens yarks thanks so much for that. well joint iraqi forces seizing a large portion of tikrit from isis. this morning they took back control of a tikrit hospital and an iraqi flag is now raised at that site. meanwhile, isis now attacking the town of ramadi in iraq terrorists launching rounds of

mortars and missiles. there have been at least ten casualties among iraqi forces in that area. a new video released by isis reportedly shows a child shooting and killing a hostage. the terrorists claim the victim was working as a spy, the israel refutes that and the man's family is telling cnn he was recruited by isis and they did all they could to get him home. new video of the mid-air helicopter collision that killed 10 in argentina. including three beloved french athletes prosecutors in france have opened an investigation. the victims were participating in a reality tv show a survivalist show called "dropped." two argentine pilots and the show's host french olympic swimmer and an olympic boxer. hillary clinton defending her use of private email when she ran the state department. did her press conference

yesterday help or hurt her cause? paul bernstein here to debate that.

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i trust the american people to make their decisions about political and public matters and i believe that i've taken unprecedented steps to provide these work-related emails. they're going to be in the public domain. >> trust and unprecedented steps are certainly in the mix this morning. >> you got it. former secretary of state hillary clinton went public yesterday, so did she help or

hurt her cause for 2016 and for now? back to join us is cnn senior washington correspondent zeb jeleny and carl bernstein author of "a woman in charge" the life of hillary clinton. carl let me start with you, do you believe she helped or hurt her cause with this press conference? >> i think that this whole episode has hurt her cause. i also think that it's hurting the cause of her political enemies as well. in their excess. which usually happens when the clintons are involved in something in which they're trying to be less than open and transparent. and we're very much back in the past again with their entourage, with their enemies, with lawyers with crossing hairs and dotting i's. it's a thoroughly disspiriting episode and it's not going to go away. i don't think she accomplished much on her behalf yesterday. >> why didn't she accomplish a

lot? because obviously mr. bernstein is right. it's a blast from the past. it's because of what happened and the president does seem as though she wants to control what is known. i'm going to release all the emails. but is she going to release all? will it be the serve centre. >> she said sees not going to release the server and she said her lawyers have looked through these. they're going to release some 30,000 emails she said are government-related emails. but some 30,000 emails are not. she says they're personal. but are they political? what else is in those? you know she's in the driver's seat here. the reason that there's still more questions on this. this controversy has been building for eight days. so it's absurd to think she could have answered all the questions in 20 minutes. so you know a bit of a vacuum here. i thought out of the gate she answered some of the questions, put more context in this and what we're going to see, she's going to go on offense now a little bit more and some democrats are going to follow along. she's giving them their talking points she been silent for so long. she's cool to criticism on one

side and the real questions remain and congress is hungry on this they're going to go after some of these emails and issue subpoenas. >> her explanation to all of this was convenience. she used the word convenience half a dozen times to explain why she did this. does that pass muster with you? >> i think it's very obvious that this is about control of her correspondence. and that she does not and did not want when she set this up to have for others particularly the press and political enemies, who are really vicious, to have access to her communications in a way that could be hurtful. it's a little bit like whitewater in the following way, there was nothing substantive in whitewater that mitigated against her legally or her judgment or personal finances this sb keeping people from seeing the record. it's a problem that there's been with hillary clinton, with bill clinton.

with their entourage. but the problem doesn't come out of nowhere. because the clintons arouse a kind of crazed response from political enemies that makes dealing in a responsible way with public questions, very difficult for them. it goes to the heart of the dysfunction of our politics the ideological and cultural warfare that they're in the crosshairs of. you listen to jeb bush in a rather hypocritical way talk about the way he's handled this kind of thing. when we think about what's important, we look about why bush is running for president, why hillary clinton is running for president. when we heard her at her best yesterday at the beginning of her press conference when she went after the 47 republican senators and their irresponsibility. that's her at her best. and yet, we're also seeing s.o.p. clintonian paranoia and the enemies paranoia here.

>> let's test this potential gotcha that's out there about what she said in the past and how many devices she uses versus the present. let's take a listen. >> so i want to ask the big question -- >> okay. >> iphone or android. >> iphone. okay in full disclosure -- >> and a blackberry. >> the irony, full disclosure. zellny is that a gotcha? >> i don't think it's necessarily a gotcha. it's important to put timing in context here. she's talking about right now. a top clinton associate told me this morning that she's just recently gotten her iphone not that long ago. at the time she was secretary of state she was only using a blackberry. this is an instance where we have to take her word for it if she was using one device or two it's not a gotcha necessarily because that was a couple of weeks ago that she got that

iphone. >>ky interject something? that's the whole idea about gotcha. that's part of the problem that we're dealing with here and it's part of the reason that the clinton does some of what they do. because we including the press, are looking for quote gotcha moments. what's important here is the larger picture. is there methodology of hillary clinton? the assumption she makes and the assumptions of the political opposition. but the idea that we are looking on television in these press conferences for a single factoid that is a gotcha is indicative of the problem that she's dealing with and that our political system is being you know just undermined by. >> but that's a matter of perspective. because carl bernstein, you are one of the best examples in journalism history of talking what was being put out there by a politician and showing that it was patently false. you know now that would be called a gotcha. you proved that what was being -- >> i don't think so. >> why not? >> we took a whole picture with richard nixon and developed the

information about the larger pallet about what was being painted by a criminal president in the united states. it was not about a gotcha moment. in fact nixon tried to make it about a gotcha moment by saying there had to be a smoking gun. when in fact there was armor laying all over the floor. that he had owned. so no i would dispute what you say there, chris. with all due respect. >> you are due the respect and that's a fair point. >> and zeb were you in the room during this press conference i want to ask you about the style versus substance question that always comes up with her. today analysts think she was overly defensive. what did it seem like in the room? >> i thought it seemed like she's finally coming out of her shell. we have not seen her in that setting for so long. she does not like to do press conferences. i thought she could have used more hume tore deflect this. but this will not go down in history as a moment that's

repeated like some of her press conferences from her time in the white house. she was frustrated when the questions were being asked over and over and she was sticking to what her very limited answer was. she had her notes in front of her. this had been carefully planned, that's why it took eight days. i think that she, you know was not as defensive as some old clinton things. but people are always going to be looking at that the thing is you know she's trying to move on. she's not going to have another public event until next week this is still going to be out there whenever we hear from her kban. >> chicken and egg aside, carl bernstein's point, she comes off defensive because she is because she thinks that the press is out there trying to kill her as are her political enemies, you wind up having the balance of who's more right, who's more wrong. carl bernstein, thank you very much. mr. zellny welcome to the team. there are apologies and expulsions after the racist video. there should be and are the

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news seven marines and four soldiers missing after their blackhawk chopper went down during a night training exercise. this happened near eglin air force base in florida. the cause of the crash is still unclear, but there was dense fog in the area as you can see. this is a live shot of this morning, look at it down there in florida. we will bring you more as we have details of this breaking news. the political war of words triggered by a letter to iran signed by a group of 47 republican senators could put a nuclear deal with iran in jeopardy. the white house is concerned that the iranian hardliners could use the letter to derail the process. talks are set to begin on sunday. it appears the gop letter may have violated a federal law which dates back to 1799. ben stiller teaming up with owen wilson once again and

bringing back blue steel for "zoolander ii." making it official while walking the runway for valentino, their walkoff, an epic rematch from the first film. i still have memories. "zoolander ii" expected in movie theaters next year. apologies overnight from two former university of oklahoma students involved in the racial fraternity chant. their apologies coming after the president expelled them and shut down the fraternity. here with us russell wilson a board member for the national black alumni association of ou as well as the president of its dallas chapter. also the former assistant district attorney for dallas county. the right man to talk to about all of this. and no you're not that russell

wilson of nfl fame. good morning to you, sir. >> i'm not russell wilson of nfl fame but i appreciate you having me on this morning. >> we're glad to talk to you about this. you were an undergrad at ou 1992 and on and a law student in '05. what was the school like when you attended? >> i enjoyed my time at the university, but we had issues that set us back some. >> you had your own situation, did you not? >> right. yeah. i had my own situation where at a football game another law student who was in a position at the university used an inappropriate racial slur and ultimately i saw the resignation of that student andin a public forum through posting a letter to the university. the student ultimately resigned from the position that he held. >> did you like the way the school reacted to your complaint? >> overall, the administration

was receptive to the complaint. and everyone did acknowledge that the conduct was wrong. the concern that we have today is that we're seeing similar type incidents repeated. and it was something that we certainly felt like would have been behind us. and there's an ongoing concern regarding the circumstances of african-american students at the university of oklahoma. that concern i think is shared by alumni undergrad and you know it's across all races. >> we saw some apologies come out from the parents of one of the students that was expelled. one of the other students that was expelled issued his own statement. he talked about the fact that yes this song was taught to us but that doesn't work as an explanation. what concerns me about that is that it was taught. that's really troubling. so do you believe that this is indicative of the fraternity and where it stands now and the beliefs it holds if or a larger societal issue? >> this is i think a larger

societal issue. think one of the important things to remember is we identify university students as leaders of tomorrow. and the ignorance that was being spewed in this song is so contrary to all of our values as a country, nation and ourselves as a former alumni of the university of oklahoma that it's simply shocking. that at a university that students would be taught a chant like this and it is indicative of a bigger issue. >> can i get you to put on your attorney hat for a second? this is something that a lot of people are getting a little frustrated about. i read this interesting op-ed in the "washington post." in part it says under the first amendment, the government including the university of oklahoma generally cannot add to this price whether the offensive speech is racist religiously bigoted, pro revolutionary or expressive of a

viewpoint. racist speech is constitutionally protected. is is this protected speech do you believe? >> absolutely not, title vii in the 1964 civil rights act, they do not protect hate speech. students at the university have an absolute right to live in an environment and study in an environment that's free from racial bigotry. this wasn't just free speech exercised this was threatening to hang people. and threatening to hang is not free speech. it's these exact words that we're going to incite a, an environment that students were literally painting on the wall of that building where these fraternity members were housed was the words "tear it down." there were law enforcement officers involved here. so any free speech rights would have endangered the entire

university and certainly the students themselves have expressed concerns for their safety. so that's a nonissue given the content of this speech. which is what would be the determining factor. this was not a free exercise right. >> russell wilson why appreciate your legal mind and we appreciate you sharing your experience of being a student at ou. thanks so much for your time. >> thank you so much. alisyn? >> 47 republican fors sending an open letter to iran warning against entering into a nuclear deal with the u.s. this morning, there's a new question -- did this letter break the law?

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a guy that can take the king 7 and make it 8. heck. maybe even 9. make no mistake about it. they're out there. i guarantee it. welcome to the nascar xfinity series. 47 republican senator who is sent an open letter to iran about a nuclear deal stand by that message, but it may have broken a centuries-old law. >> a new york paper is calling some republicans traitors those

republicans are defending their actions. >> this is ultimately about stopping iran from getting a nuclear weapon. >> all over d.c. crit riks talking about the logan act. what on earth is the logan act? a relic of history. a law that grew out of a spat between the united states and france way back in the late 1700s, cue the fife music. president john adams federalist party wanted war, but a doctor named james logan traveled to france and brokered a deal to stop it the senators were furious and passed a law to make such diplomacy punishable by fines in prison. jescy jackson's talks with russia and nancy pelosi's trip to syria and not a single case has ever amounted to anything. still on a white house website,

tens of thousands of people have signed a petition for an investigation. convinced republicans are now illegally interfering with foreign policy by sending a letter to iran's leadership. but they probably should not expect much. after all, in 2008, candidate barack obama chatted with the iraqis and guess what republicans hollered about? yeah the logan act, tom foreman, cnn, washington. >> tom makes a good point that even dr. logan never wound up being prosecuted under the logan ability. the letter has many crit sixicscritics, but is it illegal? joining us is u.s. history professor at rice university. great to have you with us professor. is it illegal, the letter? >> no. it's not illegal, it's a breech of protocol and it's not illegal because the spirit of the logan act is never enforced. you just named on your segment a

few different examples. i once did a biography of jimmy carter and i found out republicans have called his entire post presidency his parachuting for peace a breaking of the logan act. so we got to get rid of the logan act language. the reason that people throw it out there, is it puts the word "traitor" next to the 47 senators' names and nobody likes that. >> is it at all instructive that what the logan act was born out of is really jealousy. political jealousy about what is going on. can we extend that as metaphor of what was going on today, the senators signing on to a letter trying to apparently undermine the president. >> absolutely. ronald reagan and jim wright speaker of the house, had a huge feud back in 1987-88 and that was because wright started interfering in negotiation with the contras and sandinistas of

jik nickaragua nicaragua, the letter should have been written to president obama. the problem is that the letter was sent to the iranian people to the ayatollah. you'll have democrats, i think now being afraid to sign on to what's looking like a partisan act coming up here dealing with this very serious issue. >> i'm sure as historian you must have enjoyed poring over this letter there seems to be so much innuendos. this would only be an agreement between the president and the ayatollah. trying to mix in the muslim angle also for portions of the american audience. when obviously the p-5 plus one would be all signatories and the ayatollah probably would not. professor did you pick up in the letter how they said it was about explaining the constitution to iran and yet they got the constitution wrong in terms of what congress's

authority is in dealing with the treaty. congress doesn't ratify treaties they advise and consent and the president ratifies the treaties. it sounds like a small point, but is it a metaphor for their trying to encroach on the president. >> you're right. let's be honest about this. this was a very goofy letter to have sent senator tom cot sn a very junior senator. the wise republicans, the old republican hands in foreign policy stayed away from this kind of letter. it was showboating of i think the worst kind. and incidentally the problem with the negotiations with iran is that what are we negotiating? we're trying to unilaterally have them do a set of principles in iran that things that we want done. and so the whole spirit of this letter sarks littleis a little bit cooky and in the end probably helps president obama. >> when you look at the

historical precedent, is this a bad situation, is trying to negotiate this deal a mistake? is no deal better than an arguably bad deal? >> that might be the case. and look this is a very tough foreign policy issue. everybody should be weighing in on it. but congress is going to have a moment the president with the letter was they're trying to sabotage the negotiation of a president, and it sends a bad ripple effect around the world. we have to be a country, the united states, that goeshtsnegotiates in good faith and basically these senators were saying that the obama administration is negotiating in bad faith. muddled what the purpose of our constitution is in the letter. it should never have gone to the ayatollah and the people of iran. so it's just i think a bad foreign policy moment. for republicans that are very angry at barack obama's unilateral unilateralism, not just in the negotiation with iran but on immigration and using executive power. congress is saying we're not

going to let president obama just constantly out executive power us and hence, they did this kind of letter. >> professor, it will be interesting to see if at a later date we're talking about this moment in time as historically some of the worst relationship between congress and president in terms of projecting american strength. always interesting context. the euro's understandstunning free fall. where it stands against the u.s. dollar.

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>> i want to address that pesky media. >> precede the actual event its mocking. >> she sort of squashed so you got to -- >> "saturday night live"

correctly predicted some of hillary clinton's gestures. >> in any way. >> if i decide to run, who knows. >> "snl's" hillary revealed specific emails. like the one she sent to bill. >> take a look to this sexy email i sent to him on our anniversary. >> but a real hillary said she didn't keep the personal ones. >> emails about planning chelsea's wedding. yoga routines. >> hillary didn't have cyber sin. >> you can have every e-mail every sin. >> fake hillary didn't hide her ambition. >> i was born 67 years ago and i have been planning on being president ever since. >> reporter: the real hillary side stepped every question about running. at an earlier event she was described as. >> a future president.

i'm just sayin'. >> reporter: some are saying. what a past president said. >> i did not have sexual relations. >> reporter: but they're twisting it to fit hillary's information. i did not have xtual relations. hillary's smile served her well. >> one last local question. >> what a relatable laugh. >> do i really laugh like that? well yeah. >> reporter: better to lol about those e-mails. jeanne moos, cnn, new york. >> oh, that's great. snl is so great. they have a chrisrystal ball. >> lindsey graham very instructive. everybody says she should turn over everything. you can have every e-mail i've ever written. i've never written one.

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an army black hawk helicopter from elgin air force base has crashed in the florida panhandle. >> first responders are currently forming near the scene. >> seven marines and four soldiers are missing at this hour. >> whose names were not on that letter? >> is that criminal? is it treason? >> we believe it's harmful to america's national security. >> looking back it would have been better had i simply used a second domain name. >> her account was hacked in 2010. >> at the time this didn't seem like an issue. >> the firestorm over the video extending to a dallas community. >> this is not something that has been ongoing in this chapter. >> this is "new day" with chris cuomo, allysonisyn camerota and michaela pereira. this is cnn breaking news. good morning, everyone. welcome back to your "new day." it is wednesday, march 11th 8:00 in the east and we do have breaking news.

11 members of the u.s. military missing after an army helicopter crashes near eglin air force base in florida. >> a base spokesperson saying the helicopter went down over water and the wreckage has been spotted. joe johns joins us with all the breaking details. joe, what do we know? >> reporter: chris this was some type of training mission involving the marines special operations unit from camp lejeune in north carolina. a black hawk helicopter went down assigned to the hammond louisiana base. the soldiers on board, the air crew apparently with the army national guard as well. andy borland, the public affairs officer out there talked to us just a little while ago on "new day". >> we may not have that. the first debris from this chopper was located around 2:00

this morning, we're told by a search and rescue team. this is still being described as a search and rescue operation. a second helicopter was also involved in the exercise, but the chopper's personnel on the second aircraft have returned and are accounted for at this time so there's no reason to think there was a mid-air collision that caused that apparent crash. no word on the cause, of course. the names of the air crew and the ma reason on board were being withheld until the department of defense could notify families of the personnel involved chris. >> joe johns, that's very frightening language when we're waiting for families to be notified but it is still search and rescue. that means there's hope. appreciate the reporting. let's get the latest on the phone from eglan air force base. what can you tell us about what's happening right now? >> good morning. we're getting some daylight this morning which is good news.

it has been darkness since the incident has occurred. it is still very foggy which is impacting search and rescue efforts. multiple agents are on scene including the coast guard who has secured the waterways and the efforts do continue. >> best sense at this point as to what may have caused this? as you're answering, i want to put up a picture of the fog that's down there so people can understand the conditions that may have been at play overnight. the haze is obvious. what's the best sense right now? >> at this point the accident is obviously still under investigation. there was heavy fog last evening. we don't have any official weather reports at this time and there is no reports as of now as to whether that fog impacted the incident. but, you know as details become released we will provide them as available. >> what was the pilot or crew on the other chopper able to tell you about the situation and when they lost contact?

>> we do know of course that the second helicopter and the personnel on board have returned and are accounted for at this time. we have not received any updates from that team at this point. >> and obviously that will be part of the investigation. the area the topography that you're dealing with there, what are the chaps of survivability if the bird went in the water? >> at this point we know that the incident occurred over water. we're still at this point in our office we are unsure whether it occurred over the sound or over the gulf of mexico. they have had debris washing up on both sides. it is a 20-mile strip of beach area that's used for military test and training missions and so debris has been washing up on both sides of the shore. >> all right. and we know that you're able to track helicopters with great ee fish sentencessetencessetences -- efficiency. any sense how far over water they had been how far they had

to swim what kind of water they'd be floating in. >> sure. the sound is not -- at that point is not very far. it's not very wide. i couldn't tell you exactly in miles, but it's a pretty -- you can see the other side of the land, the main land. of course you have the gulf of mexico on the other side of the water. >> obviously things floating up already, debris, that's somewhat of a promising sign about proximity to shore. just to be clear, you have no reason to believe at this point that anything suspicious happened that made this crash become an event? right now you're just investigating it as an accident true? >> that is absolutely correct. all 11 on board are still considered missing. >> all right. ms. vidoni thank you very much. not an easy conversation to have to have. hopefully there is some good news that comes out of this. we'll stay on the story. appreciate the latest. >> thank you. >> alisyn. chris, there's also new concern this morning that a political fight over the letter that republican senators sent to

iran could undo the progress being made towards a nuclear deal. a big focus this morning on the senators who did not sign that letter. cnn's sunlan ss serfaty is on it. >> just as important is who didn't put their names on the letter. seven senators were approached and refused to sign on. they're just now speaking out about why they did this made this decision and they're saying that of course they want congress to have more say in this agreement, potential agreement with iran but they just don't believe this letter is the way to go about it. >> i did not think it was appropriate for us to write to the ayatollah and try to explain to him our constitutional system of government. >> i didn't view the latter as helping achieve an outcome. >> now the 47 republican senators who did sign on to this

letter they're really doubling down here. senator marco rubio, republican from florida, he says he has no regrets. he'd sign another letter again. he says he believes the threat from iran just requires this sort of unusual move. now one person who's coming out for the defense of the administration on this is former secretary of state and potential presidential candidate hillary clinton. she gave a forceful defense of the administration on this one saying that the letter was out of tradition and calling into question whether these republican senators wanted to be helpful to the iranians or hurtful to the administration. >> all right, sunlen. on the topic of hillary clinton, let's stay there. finally addressing the firestorm over using her private e-mail address while serving as secretary of state saying it is all about convenience. she is refusing to turn over her personal e-mail server. jeff zelany is here with us. anything new at this hour? >> hillary clinton said she did

nothing wrong. she vigorously defended her right to keep private e-mails private. she has not swept away the controversy that's overshadowing her campaign in waiting. >> on the eighth day she talked. >> looking back it would have been better for me to use two separate phones and two e-mail accounts. i thought using one device would be simpler and obviously it hasn't worked out that way. >> reporter: she defended her use of private e-mail insisting any mistakes were innocent ones. >> even if i had had two devices, which is obviously permitted, many people do that you would still have to put the responsibility where it belongs, which is on the official. so i did it for convenience. >> reporter: but republicans weren't buying that defense. >> she talks about convenience. all of us carry at least two cell phones at least two communicating devices. that really isn't much of an excuse. >> reporter: at the united nations on tuesday mrs. clinton took questions for nearly 20

minutes. the same two words came up again and again. >> looking back. >> again, looking back. >> reporter: but now she's looking ahead to a second presidential campaign and she finds herself in the middle of a new political firestorm. with republicans smelling new blood on a favorite old target. congressman trey gowdy, chairman of the committee investigating the benghazi attacks, said he would call her to testify at least twice. mrs. clinton has already said she would appear but said she had already deleted her personal e-mail and has no plans of turning over the private e-mail server for an independent review. >> when the search was conducted we were asking that any e-mail be identified and preserved that could potentially be federal records, and that's exactly what we did. >> reporter: but this doesn't necessarily put the questions to rest. mrs. clinton was policing herself making her own determination of which e-mails should be turned over. with the presidential campaign just weeks away she dismissed

the criticism. >> i went above and beyond what i was requested to do and, again, those will be out in the public domain and people will be able to judge for themselves. >> but long before voters can judge for themselves she faces more republican criticism and demands for more answers, but one thing is clear, all of this is certain to carry over into her presidential campaign which i'm told is only weeks away. alisyn. >> jeff thanks for all of that background. so did hillary clinton's press conference help or harm her in putting this issue to rest. let's bring in paty solice doyle. she ran her presidential campaign in 2008. thanks for being on "new day." >> thanks so much for having me. it's great to be here. >> you were a long-time senior adviser to hillary clinton. would you have advised her to do this press conference yesterday? >> look i think no matter what she would have could have said yesterday, she would never have

really quieted her critics on the right and she probably could not stop the subpoenas forthcoming given the republican controlled congress but absolutely she should have done this press conference. i think people needed to hear from her directly and she did that. she explained why she had one e-mail address and i think people needed to hear that. i think my only thing is i would have done it last week as opposed to this week and maybe we could have moved on a little sooner. >> yeah. people thought eight days was too long to wait however, some also say, not just her critics, some sort of political observers this morning say that she not only didn't answer questions, she sort of raised more questions, and in fact it plays to some of the negative perception about her, that she is above the rules. why didn't she have to follow the guidance that everyone else in the state department had to follow about conducting

government business on a government e-mail server? >> well i think she -- she responded to that in her press conference. she said that it was allowable. it was not an issue at the time. in retrospect i'm sure she believes and she said this she would have had two e-mail addresses. i think it would have saved her a lot of this what's going on now, political firestorm. >> i just want to interrupt you. it is allowable. it wasn't against the law, what she did, but we have this memo here from 2011 sent from her office and the state department where she advises everyone at the state department to quote, avoid conducting official department business from your personal e-mail accounts because of online adversaries. so why does she only get a pass? i mean that's the complaint about her, that she wasn't even following her own state

department guidance. >> well other secretaries of state, colin powell came out this weekend actually and said that he used personal e-mail. and when she wrote e-mail you know that was work related, she wrote it to people at the state department on their dotgov e-mail addresses. they were being held in the state department records. again, she said it was for convenience sake. whether -- you know look i've carried two devices before and it's not convenient. it really isn't. you know i have to use one e-mail device to send an e-mail to my kid and one e-mail device to send an e-mail to my work colleagues. again, in retrospect i don't think she would have done it that way. >> sure. everyone can relate to not wanting to juggle many devices, but she also didn't answer the question of why she set up a home personal server and if she got it authorized from anyone in

government or the state department that she would be able to keep using her home e-mail server incompetent stead err instead of government. there were some questions that lingered. >> i think she did answer that. i think she did answer that. you know the server was set up back in 2001 when her -- her husband, the president, was transitioning out of office and he needed an e-mail setup for his operation, for his work and it wasn't set up for her. she was just added on to that. >> let me show you a moment that's also getting attention because people felt that there were times that she got snippy and sort of defensive during all of the questioning from reporters. listen to this. >> why did you wait two months to turn those e-mails over? the rules say you have to turn them over. >> why did you delete the personal e-mails. secretary clinton. >> i'd be happy to have somebody talk to you about the rules. i fully complied with every rule

that i was governed by. >> did you feel she was too defensive? >> you know i thought she was actually quite good in the press conference yesterday. i thought she was measured. i thought she was calm. i thought she answered each question. i disagree. i thought she was pretty good and she hadn't done it for two years so i thought she was actually quite good. >> not many people know her better than you. we appreciate getting your perspective this morning, patty solis doyle, thank you. >> thank you. two university of oklahoma students are apologizing after they were expelled from participating in a racist fraternity chant. one student, parker rice says his actions were wrong and reckless. the family of another student, levi pettit said their son made a mistake. the sae fraternity shut down for good on campus last night. an update to a story we're following. federal officials delaying a

plan to ban an armor-piercing bullet. the bureau of alcohol, tobacco and firearms and explosives no longer planning to restrict the armor-piercing m-855 green tip rifle bullet as a way to protect law enforcement. there is a police man hunt underway in washington state for a suspect who tried to kidnap a toddler as he played in a park with his two siblings. the dramatic scene all caught on surveillance tape. the boy's brother and sister are newly minted heroes. >> reporter: this surveillance video shows the terrifying moments as a man scoops up a toddler from his stroller a. >> a man grabbed a little one. a man grabbed a 2-year-old baby child and is running. >> reporter: the unidentified kidnapper runs from the park gripping the little boy but owen's quick thinking 8-year-old sister chases after, her 10-year-old moment after chases after rousing anyone in earshot

to do the same. >> i told that little girl honey, you did exactly the thing you needed to do scream your head off. that was what saved that baby was her screaming and us running. >> reporter: the children were playing unsupervised in a park near their baby-sitter's house in a small town of five residents. thankfully the kidnapper drops baby owen in a vacant lot fleeing the scene and so far evading police. the children's father urges anyone with any information to come forward. >> i am remorseful for everybody out there that has to go through this situation because now that i've done it been through it you know i don't wish it upon anybody. >> so the parents were out of town. they were staying with a baby-sitter, the three kids. they were unattended at the park. this baby-sitter was a trusted family friend. they were playing at a park when all of this happened and those quick thinking kids did exactly what they need today do. >> they did. obviously the fear is that if they had chased an abductor that he would abduct them too. >> it got the attention of other adults that were nearby which was wonderful.

>> thank goodness. >> showed some rare bravery. usually kids are scared of a situation. >> sure. great stuff. >> take good outcomes where you find them. all right. so speaking of good outcomes not so much the 47 republican senators who signed that letter to iran are under fire. has the letter already affected negotiations with iran? the latest ahead. it's the best thing we ever did for ourselves. it's helping to keep us young. (vo) visit your local retailer and feel the tempur-pedic difference for yourself. bring us your baffling. bring us your audacious. we want your sticky notes, sketchbooks, and scribbles. let's pin 'em to the wall. kick 'em around. kick 'em around, see what happens. because we're in the how-do-i-get-this-startup- off-the-ground business. the taking-your-business- global-business. we're in the problem-solving business. 400,000 people - ready to help you solve problems while they're still called opportunities. from figuring it out to getting it done we're here to help.

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welcome back to "new day." we are told negotiations with iran continue unabated at this hour over its nuclear program despite the letter from republican senators. there are serious concerns this morning that the letter did damage those negotiations. let's discuss with people who know. hillaryman former u.s. negotiator with iran author of "going to tehran." and michael seng with the washington institute. the first main point here hillary, was this letters justified? >> i don't think it was justified either on the substance or on the process. substantively it's very difficult to justify sending a letter even under the purported argument that its authors make that it was to get a better deal. there is no better deal to get with iran than one that will be negotiated with iran other than regime change overthrowing the

government there, and imposing it. in substance this letter is not justified. of course procedurally it seems pretty clear that it view owe latsz both the logan act and the constitution's delegation of foreign policy making to the executive. >> do you think there's any chance that there is an indictment let alone a prosecution on the logan act, mr. seng? >> chris, honestly i don't know. i have a different point of view i guess, on both the substance and the process here. on the substance, i think you hear a lot of discomfort with the substance of the negotiations right now, a lot of reservations about the deal that we seem to be headed to with iran not just from congress but also from our allies in the region not just the israelis but our arab allies as well. right now we're in an environment here in washington where the congress feels as though it's been side lined on this issue. the president clearly feels that congress is interfering in foreign policy making in a way that he wasn't. seems to me the solution is for more outreach between the two

sides but that's unfortunately not what we're seeing. >> michael singh, was this the right way to do it? congress is supposed to be side lined during foreign power negotiations with the executive. everybody would pretty much agree with that. was this the right way to insert themselves? >> chris, i think, you know look no president wants to see congress getting involved in foreign policy and you've seen that complaint from the white house with sanctions as well as with this letter. at the same time again, i think we have to look at it in context. we have a lot of disagreements with the power of the executive and congress whether it's on immigration, aumf on syria and iraq. while again as president you don't want to see congress get involved in foreign policy you also can't really expect congress just to accept being side lined on a matter which they feel is within their purview. they think they should have the right to review any agreement with iran and they also think that when it comes to lifting sanctions, they naturally have a voice in that. >> right. >> so again, i think you have to as president accept that you've got to keep your domestic

coalition together and keep congress on side. do congressional negotiations. >> hillary, the push back to you would be this deal stinks and you're not letting us help you with your stinky deal and the american people 71% say that this agreement with iran will not prevent them from getting nuclear weapons, not that americans in general are experts, but it says something that 71% says it stinks and you won't let us get involved. we're going to take it into our own hands because it's that important. is that a good enough basis? >> this is the reason why the constitution delegates leadership in foreign policy. foreign policy making to the executive so we don't end up with demagogue gerry where it's rule of the mob versus diplomacy and leadership of the president. there's a reason it's in the constitution. what congress has done is weakened america's hand. it's so farcicle. there's a parody that they're

holding talks in tehran between republicans and the white house because they actually are communicating more with iran than with each other. so what congress has done here is just made themselves a farce and weakened our hand at a time when it's critical not only in reaching a good settlement but in terms of the global order where you have both china and russia involved in these negotiations and themselves sending their presidents to iran this year. we're going to see russia and china make a lot of hay while the united states sits here and has pretty fight over real presidential decision making. >> is there any way that this does not make the u.s. look weak to the iranians and the other members of the p 5 plus 1. >> when you put aside the politics of this when it comes to the substance, it really is no surprise to anybody that there's a lot of opposition in the united states to some of the elements of the proposed deal. there's opposition as well in the middle east amongst our

allies to the deal. that's a reality that we need to contend with. i think one thing that the white house needs to bear in mind is that you know as it sort of addresses skeptics and critics of the deal here in the united states also our allies in the region are watching and listening. we have to prepare not just for getting a deal but for the aftermath. how are we going to reassure allies for the reinforcement. >> michael, you're treating your own congress as an ally that you need to deal with. you know what i mean? we're not talking about a foreign entity doing this weighing in they don't like the deal you better include us in the process also. you're talking about the congress of the united states saying they don't like the deal and going around the president. doesn't how this was done matter? >> well look chris. i think if you have domestic skepticism you cited a poll saying that 71% of americans are skeptical about this deal that the skepticism in congress isn't just amongst republicans, it's also amongst democrats. i think that that is a reality that the white house has to

contend with. you can't just contend with it like a political campaign by attacking the critics or by attacking the skeptics. you have to deal with the substance of it. i don't see that yet. we should be talking about the elements of this deal. are they right or are they wrong? is there a different approach to the negotiations? instead we see this sort of politicking around it. >> right. >> that's not going to achieve our aim. >> right. >> it's not going to advance our interests. >> i'm stuck on the politics. this was a political move. that's what i'm saying. hillary, let me ask you something. i know not having to be any great historian you will not find me another president for congress ever doing this in any foreign matter the way they did it here. what do you think the iranian's reaction will be at the table? you've been there. >> yeah i mean look in a lot of ways this is as if the republicans and congress during the kennedy administration had written to khrushchev during the cuban missile crisis saying we're going to bomb you in two years. in iran this is perceived as as far as sickle that there's real

weakness in washington and a level of incompetence that they didn't even appreciate. but that's why the iranians are negotiating not just with the united states but within the p 5 plus 1 context. i think what you'll see from iran is certainly not leaving the table, not negotiating. they've been committed to negotiations for a long time. i think what they'll focus on is trying to get more international guarantees through the security council rather than relying on the word of the united states which is very dangerous for a super power. our word used to mean something on the international stage but now for it to be made such a mockery by our own congress is dangerous, not just because of negotiations with iran but our negotiations with any country. >> thank you very much for giving us two sides of this situation. appreciate it. mich. ahead we're going to look at this e-mail controversy surrounding hillary clinton. is it going to affect a potential run in 2016. we're going to fact check what it said during that news conference and find out if her

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all right. here we go with the five things you need to know for your "new

day." number one, seven marines and four soldiers are missing after their blackhawk chopper went down during a night training exercise. this happened near eglin air force base off the florida panhandle. the search is still underway. two university of oklahoma students are apologizing for their part in a racist chant. they are being expelled. they have until friday to challenge the ruling. the white house letter to the iranian government could lead them to scrap a nuclear deal. negotiations resume this sunday. hillary clinton is defending her use of personal e-mail while she served as u.s. secretary of state calling it a matter of convenience. she's still raising eyebrows by refusing to turn over the server. a photo shown to the jury prosecutors argue that jurors should consider it a confession. we do update those five things

to know so be sure to visit newdaycnn.com for the latest. hillary clinton tried to put that e-mail controversy behind her, but did she make things worse by speaking out and do her plans pass the truth test? chris and i will be fact checking next. i have a family history of prostate cancer. i had the test done and that was when i got the news. my wife and i looked at treatment options. cancer treatment centers of america kept coming up on the radar. so we flew to phoenix. greg progressed excellently. we proceeded to treat him with hormonal therapy, concurrent with intensity modulated radiation therapy to the prostate gland. go to cancercenter.com to learn more about our integrative therapies and how they're specifically designed to keep you strong mentally, physically and spiritually throughout your treatment. i feel great today i'm healthy, i have never been in a happier place, i can't imagine being treated anyplace else. fighting cancer has given me opportunities to live.

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i opted for convenience to use my personal e-mail account. i saw it as a matter of convenience. it was allowed, and as i said it was for convenience. i did it for convenience, and i now looking back think that it might have been smarter to have those two devices from the very beginning. >> that was hillary clinton saying her use of a private e-mail address while secretary of state was just about convenience. does her explanation pass the truth test? let's bring in anna navorro. she's our cnn political commentator and cnn political commentator van jones. chris will be here to tell you both if your explanations pass his smell test. >> i can't leave the truth to you two. you wouldn't be know the truth if it kicked you in the behind. >> he's an expert smeller.

anna let me start with you. can this whole kerr fluffkur fluffle be explained at the convenience. >> convenience is a lot more convenient than to go out there and say paranoia secrecy, control freak, victim of right wing conspiracy theorists. no, i don't think -- i don't think the convenience thing passes muster. alisyn come on it's not like we were asking her to carry two watermelons in purse. since she left state she has been carrying two phones. it is not that big a deal guys. i'm having a hard time understanding how it's more convenient to set up an entire server in your house than it is to carry two little devices. >> got it. go ahead, van. >> well in some ways she's playing what i would call the grandma card here. she's not playing to the d.c. elite that's trying to figure out, you know all the rules

around disclosure. she's saying listen guys this stuff's complicated. i was trying to make my own life work better. does it pass muster for d.c. people? no it doesn't. for ordinary people i have a lot of devices. if i'm secretary of state running all around the world, i might want to have one device. it's true i know how to have on my one device lots of e-mail accounts and manage them. in some ways people in the d.c. circuit are missing this. she's playing the grandma card to the hartland. my motives are not negative. my motives are good. i want to have convenience for myself. that's what she's doing. >> watermelon explanation or grandma. >> i was distracted by the two watermelons, but i think convenience alone will not get it done. the server, however, anna she did not set up for this. it was already set up by her president for his work. it was available. the idea that this is about one device or two, tough. here's the next thing she said. i fully complied with every rule

i was governed by. anna that's probably true to the letter of the law. what did you think of that explanation? >> i'm not sure that's true to the letter of the law. what we have heard so far from the white house is that that was not their policy. we know that her state department in fact her office issued policy memorandum saying that that was not state department's policy. and we know that the national archives and records association had regulations issued in 2009. that was not their policy. so i'm not sure which of the rules she's talking about. >> and van that was not their policy in 2011. >> i think what she's trying to say within the four corners of the law, the requirement is that every e-mail be archived be preserved. the way she tries to get around that she says i e-mailed everything to a dotgov account. every dotgov account is captured in the way the law requires. what she's saying is the way i chose to have my e-mails to my

staff documented. i e-mailed it to them on their dotgov account. i think she's saying within the four corners of the law. even to this point i haven't even heard her critics say she could go to jail she broke the law. >> they said it early. we haven't heard it recently. >> that went away like a snowflake. >> she could use personal e-mail if she did it a certain way. >> yes. >> the unknown about her control over the e-mails and what was really released is what is going to obscure people's take on that. >> next thing she said basically, ana, was others have done it. colin powell did it. other secretaries of state have done it. what do you think of that explanation? >> you know i think that e-mail use has become a lot more prevalent in recent years. it's certainly a lot more prevalent in government and business today than it was in 2000 when colin powell was first secretary of state. there's also cyber threats today that weren't just -- weren't as

prevalent back then. so i think it's a changing an evolving world when it comes to cyber security use of e-mails, and that's why we see that the regulations get updated and get changed, because it's different today than it was when al gore first intervented the internet. >> 2011. >> i don't think that holds muster. you cannot compare, you know what somebody's doing now to what the reality is today to what somebody did 10 or 15 years ago. >> in 2011 the guidance changed be from the state department. >> i actually don't argue hard with her on this point. again, she's playing to the heart land. if you say, listen i did what colin powell did, i want to do a good job. the average person if you hate the clintons no answer is good enough but if you're an honest person well geez maybe this makes sense. i actually do agree though that we are in a different world from the colin powell days. i think the colin powell excuse

sounds pretty good from a press point of view. i hope she keeps saying it. at the end of the day we are in a different world. she's right when she says there were smarter ways to handle this i agree with hillary clinton on that point. >> chris cuomo, your nose what does your nose tell you? >> it's not obviously enough because she's having to add onto it. i think something she can't say but will be said by those around her, they have a right to feel paranoid on the clinton team. people come after them in a unique way and that's why the idea now of just turn over the server is almost an impossibility. we heard lindsey graham. you can have any e-mail i've ever written. i've never written one. it's easy to say you want to be transparent when you have nothing to show. you have to weigh this in. >> let me tell you this chris. i know lindsey graham very well. he is one of the most accessible senators. >> did you ever get an e-mail from him? >> he doesn't do e-mails, he does texts. >> i get phone calls. he's so entertaining and fun i'm happy he calls and doesn't

e-mail. >> there you go. >> he didn't say you could have my texts. he said you could have my e-mails. >> aha. >> ana and van jones, thank you so much. >> this is complicated. the pope. why does everyone seem to prefer francis to other recent popes? we have a true insider for you who's going to lay out how this pope may change things that many thought would never change. you wouldn't do half of your daily routine. so why treat your mouth any differently? complete the job with listerine®. kill up to 99 percent of germs. and prevent plaque, early gum disease and bad breath. sfx: ahhh

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with five words, one man changed the way the world views the catholic church. who am i to judge. that man, of course pope francis. he's been inspiring catholics and noncatholics alike because of his simple open attitude towards different people. gay people women, even divorce. now a new book takes a look at just who pope francis is and how he has changed the papacy for sure. the man's name john allen. cnn's senior vat ticar correspondent. the author of the francis miracle. inside the transformation of the pope and the church. this book john worth writing. i read your book. i know. i'm a big fan. i sat next to you. i leaned on you heavily during the conclave. this is not just about any one statement. you believe that this pope is truly different. why? >> this pope is truly different. i mean we can catalog all the ways in which he's a pope. the first pope from the

developing world, the first jesuit pope the first pope to take the name francis in all of that. i think beneath all of that what is fundamental about this pope is he is the first pope to make mercy, the traditional christian virtue of mercy the corner stone of his entire agenda. he has talked about his papacy about the chiros. it's a privileged moment of god's salvation. everything he's doing, chris, from the nitty-gritty details how do you reform the vatican bank all the way up to what should our stance be to the gay and lesbian community and all the other hot button issues that face the church. fundamentally all of it is predicated on the desire that they will see a community of mercy. >> now it comes to the fling of the script. basically he's saying we are who we are, the church. our rules are what they are. but don't focus on so much who you go after and being negative. focus on loving other people. that's what you're supposed to

do. shame on you if you don't. obvious and yet revolutionary at the same time. >> it's not revolutionary in the same sense -- >> we don't hear it. we don't hear it. >> but you're right. it's revolutionary in the sense it's not what people have heard from the leadership of the catholic church for a long time or at least not what they've perceived. they perceive it with francis. it's because it's real. let's be clear. these are not faux pr exercises. there's not a pr war room in the vatican that is cooking all of this up for him. i can assure you chris, his pr staff, he has one, they wake up in a cold sweat wondering. >> he's not on message, if anything he is off message. >> he is the message is the point. >> the skepticism becomes, yes, he says the right things but can he change any of these issues that certainly matter in the united states not as much in the catholic communities around the world, but same-sex marriage what he does with divorce, what he does with women in the church. do we expect any changes in his time as pope?

>> well if you mean doctrine nal changes? >> yes. >> i think the short answer in that is no. let me give it to you in a sount bite. this is not sheik. he has been a church he has not changed a single comma in the catechism. >> does that mean he doesn't believe what he says or is there just a bigger reality? >> no, i think what it means is that there's a difference in catholicism between doctrine and how you apply the doctrine. >> what about women priests? he was also very open about that. saying women are the heart. they drive what happens at the church. don't forget that. do you think there's any movement there? >> no. the short answer is no. we've had the chance in the press core to ask him that question a couple of times. are you considering women priests. his flat answer is no. >> what about married priests? >> that is a different question. that's not a question of doctrine that's a question of discipline. the catholic church has -- >> the eastern reich does it. >> former episcopalian and

lutheran minister have been allowed to come in. when he's been asked that question francis has said he's open to t. he's not sure that right now is the right moment for it but down the line he's willing to talk about it. >> but a man just by his own example has really changed things. it really goes back to the fundamental whether you want to believe or not. the idea that jesus was a man that said love love love and that's what he's doing. >> listen you know the story lines. we were on air talking about the election of this pope. we were talking about child sexual abuse scandals with the catholic church crackdowns on nuns bruising political controversies. those story lines have not gone away. they are no longer the dominant narrative about the catholic church. a dominant narrative is a pope who projects that mercy full face of christ. if that is not a miracle, at least from a communications point of view i'm not sure you and i ever r have ever seen one. >> the book aptly named. my friend john allen, good luck with it.

>> thanks chris. >> thank you so much for all the good reporting. >> thanks. great conversation there, chris. all right. ahead, a waiter gets an amazing tip. not money though. nothing puts a smile on your face on a wednesday quite like a power of "the good stuff." wait for it. ready for another reason to switch to t-mobile? get america's best unlimited 4g lte family plan. two lines of unlimited 4g lte data for just $100 a month. stuck in a contract? don't get trapped by the other guys. t-mobile will break you free. we'll buy out your contract up to $650 per line. so don't wait, get americas best unlimited 4g lte family plan with two lines for just $100.

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♪ you make me smile like the sun, fall out of bed, sing like a bird ♪ time for "the good stuff." brian mixner. beloved. his goofy laugh and more importantly his attitude. >> got any questions, i've got all the answers. i love you, sweetie. >> it's clear brian likes to smile, make others do the same but his smile needed some help. >> started out as i got a chipped tooth and then it spread and then after that it just -- i couldn't keep up with them. >> so enter this man, local attorney fred betcher. he sued brian for his smile. no no no. brian waited on fred. fred was so impressed with how he felt about brian he left him an incredible tip, new teeth. >> what? >> uh-huh. >> the way to be satisfied in your life is to be kind to everybody and be as generous as

you possibly can be. >> and he's right. look at the difference. >> wow! wow! look at those choppers. >> fred said he doesn't know what the damage is but it's going to be in five figures. >> what a smile. >> because brian gives gifts to people every day. >> those are some pretty teeth. perfect way for us to end our show and pass off to the "newsroom" with ms. carol costello. good morning. >> good morning. yes, it is a perfect way. have a great day. "newsroom" starts now. this is cnn breaking news. good morning. i'm carol costello. we do begin with breaking news. thank you so much for joining me. all 11 service members aboard an army blackhawk chopper that went down in the waters off the florida panhandle are presumed dead. search and rescue efforts got underway last night after the helicopter crashed after a routine training exercise. let's go to joe johns. what more can you tell us? >> reporter: well carol. this was