raises an interesting question. why in sports when it comes to weight do some athletes get a pass and others get a laugh? this guy plays for st. thomas. the starting pitcher for his team, listed at 300. some say his weight makes his usa and others say ben making headlines because of his weight is shaming. is there a microcosm what happens in our society every day with bullying or is this awesome stuff? is this a hero to them? i can be like that. >> can you do it and it's not going to stop you. >> we look forward to the responses online. >> #new days cnn. let us know at the we want to use your perspective coming up. thank you for spending your time with us this morning. >> the next hour ever "new day" starts now. the son of vice president

joe biden passes away. we look back at the life of beau biden, an iraq war veteran and former delaware attorney general. countdown in the senate now. hours left until parts of key parts of the patriotic act expire and white house making pressure on congress to keep these major issues alive. terrorists including americans without stepping on u.s. soil and it's helping isis threat grow larger. breaking news. i'm christi paul. >> i'm victor blackwell. good to be with you. three hours ago, secretary of state john kerry was flown to a geneva, switzerland, hospital after he was injured in an accident while biking in the french alps. >> kerry is an avid cyclist and spotted on his bike during

multiple tours abordroad and at home as well. elise is joining us by phone. what do you know about his condition this morning? >> reporter: i do understand he suffered a bike accident while riding in the swiss alps. his spokesman tells us he's at the geneva university hospital and looks like he has a possible leg injury but he is in good spirits and he is talking and he is alert. >> did the secretary ever lose consciousness? tell us about the severity of the accident and what we know about that. >> reporter: i don't think -- he definitely didn't lose consciousness, victor. it's a serious accident obviously. but he was flown by helicopter to the hospital to be examined. i think just a leg injury is what we are talking about. we understand that he has been talking. he's alert. he is, obviously, in some pain, but the secretary is quite physically fit, as you

mentioned. he rides his bicycle many miles on almost every day. i've been with several trips with him and you saw during those iran talks in geneva, he was always seen riding his bike so it's certainly something the secretary likes to do on every trip. he did not lose consciousness and no head injury but i think we are just talking about the leg right now. i understand he is going through some x-rays. >> do we expect this will have some great impact with the talks with iran? >> reporter: those talks, he did have a meeting with iranian foreign minister and i think those meetings will continue over the next month but i don't think any impact on the talks. the talks, until the end of the month when the foreign ministers meet in europe, will be led by the political directors that is under secretary wendy sherman.

late in the month, secretary contra contrary will meet with all of the foreign ministers in europe. i don't think that is really going to impact the talks in any great way. >> thank you so much for the update. vice president and his family, this is a very difficult time for the biden family. they are mourning the loss of their elder son, beau biden. the vice president remembered his son as, quote, the finest man any of us have ever known. 46-year-old passed away yesterday following a battle with brain cancer. joe johns looks back at the life of beau biden. >> good evening. i'm beau biden and joe biden is my dad. >> reporter: beau biden was the eldest son of vice president joe biden but also a public servant in his own right. a federal prosecutor in the late 1990s and delaware's attorney general for eight years, leaving

office just this past january. born in wilmington in 1969, his childhood was marred by a tragic car accident. >> my mom took us to go buy a christmas tree. on the way home, we were in an automobile accident. my mom and my sister were killed. my brother hunter and i were seriously injured and hospitalized for weeks. i was just short of 4 years old. one of my earliest memories was being in that hospital. my dad always at our side. >> reporter: beau biden and his father would remain close, even as the elder biden became vice president. >> i went out saturday night with might have wife to a family -- a parent/teacher kind of thing on saturday night and my mom and dad babysit. they babysit the weekend before. >> reporter: as delaware's a.g., beau biden took a special focus on prosecuting crimes against children and took his talent for the law into the military, serving for a year in iraq as part of the judge advocate general corps.

>> today, i come as you prepare to deploy as a father, a father who got some sage advice from his son this morning, dad, keep it short, we are in formation. >> reporter: biden had announced his intention to run for governor in delaware in 2016 but had recurring health problems and committed in the hospital for a brain lesion. >> vice president joe biden's john, beau biden, was evaluated at a hospital. this is after what is being called an episode of disorientation and weakness. >> reporter: biden, 46, leaves a wife and two children. >> that was joe johns reporting for us. president obama has offered his condolences to the bidens on the loss of beau biden. here is a part of the statement that has been released.

>> lots of prayers and thoughts going on to that family today from a lot of people. meanwhile, senators are returning to capitol hill this afternoon. they need to take up the fight over extending the patriot act. key provisions of this act expires at midnight. they don't have a lot of time. debate is set to begin at 4:00 p.m. eastern, one minute after the white house begins shutting down the nsa's controversial bulk collection of phone records. now republican senator and presidential hopeful rand paul is vowing to end what he calls the nsa illegal spy program. just hours ago, he tweeted that americans, quote, have a right to privacy and it must be protected. cnn national correspondents sunlen serfaty is joining us now. how likely an agreement could be reached before the midnight deadline? >> reporter: i think it's pretty likely. just as the senate is supposed to meet this afternoon, the national security agency will have to shut down parts of the

government's bulk collection telephone program. unless there is a quick resolution, right now, it does not seem likely. on capitol hill, the time is almost up. >> we shouldn't surrender the tools that keep us safe. >> reporter: the house has already passed a compromised bill supported by the administration which would extend the key provisions but would reform the bulk data program. that telephone data would be kept in the hands of phone companies instead and will require the government to seek a court order for an individual on phone access. all pawers the administration claims are essential to fighting terrorists. >> it would be irresponsible. it would be reckless. we shouldn't allow it to happen. >> reporter: the house has already passed a compromised bill supported by the

administration which would extend the key provisions but would reform the bulk data program. that telephone data would be kept in the hands of phone companies instead and will require the government to seek a court order for access. >> the head of the washington spy machine! barack obama! >> reporter: today, republican senator rand paul is preparing to get back in the ring, vowing to do all he can to stop the surveillance programs, unless changes are made to weaken them. >> this is a debate about whether or not a warrant with a single name of a single company can be used to collect all of the records, all of the phone records of all of the people in our country with a single warrant. our forefathers would be aghast. >> reporter: unless senator paul unexpectedly gives in, it's likely these programs should be shut down for at least several

days. that would force the government to adjust its counterterrorism strategy at a time when the threat is already high. >> sunlen serfaty in washington, thanks. 70 people were killed in a spring of barrel bomb attacks in syria. cnn did not independently confirm the reports. let's talk about what barrel bombs are. barrel bombs are oil drums filled with explosive and slap nuclear weapon dropped in populated aers. poopgs grouareas. opposition groups said it was in one area and another area, a third attack struck in a northern neighborhood in aleppo killing several let's bring in cnn military

analyst, retired lieutenant general mark hertling. we talked about the past several years of these conflicts of accusation of chemical weapons. is this indicative of something, or is this just the use of limited resources for the most amount of damage? >> it is exactly the latter, victor, it is a simple weapon. they cost in u.s. terms about $200 or $300. it has to be somewhat exploding over the ground that it lands. syria has developed these bombs

back in the '90s as an attempt to counter israeli actions. they are now using them on their own people. this is not the first time we have seen barrel bombs. they have been used in other places like bosnia and rwanda. it's illegal and the important thing to understand. >> you say poor man's air force. the accusation they were dropped by the government. do we see they are running out of resources? >> i think that's what you're seeing, number one. what was interesting is they were dropped or alleged to have been dropped in aleppo province. assad's administration has taken over that province and had several great victories and some of the towns, including aleppo.

they anticipated these things happening and these barrel bombs have been used in several occasions to reign terror there. >> we will talk more about this throughout the morning. lieutenant general, thank you so much. >> you got it. from house speaker to a man indicted. former congressman dennis hastert could face a judge for the first time this week. he is accused of lying to the fbi and evading taxes. how well can a rarely used law work against the man once two steps from the presidency? plus, time is running out for five taliban members sent to qatar in the effort to free kidnapped army soldier beau bergdahl. could they be held longer or will they be set free? tant... ...so you may... take an omega-3 supplement... ...but it's the ingredients inside that really matter for heart health. new bayer pro ultra omega-3 has two times the concentration of epa and dha as the leading omega-3 supplement.

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16 minutes past the hour former house speaker dennis hastert is expected to make his first appearance in federal

court this week. arraigned on charges he lied to the fbi about millions of dollars he allegedly agreed to pay to an undisclosed person. this was allegedly to cover up past misconduct which was reportedly the sexual abuse of a former student. joining us on the phone is katherine skiba who is a correspondent for "chicago tribune." i understand you have new information? >> reporter: the date has not been set but former speaker dennis hastert will appear in federal court in chicago this week before judge thomas m. dirken. the judge is a very experienced former federal prosecutor himself. among the cases he prosecuted was former illinois governor dan walker who was convicted of bank fraud charges and sentenced to 18 months in prison. du dirken took the federal bench in

2013. his brother is jim dirken, the gop leader of the illinois general assembly. there is a suggestion, people raise the question of conflict of interest and saying dirken may not keep the case. the key question that people will be watching is were these two charges, lying to the fbi and structuring the withdrawal of almost $1 million to avoid bank reporting requirements, were they the result of behind the scenes plea negotiations between prosecutors and the defense? we just don't know that yet. the silence from hastert's camp has been almost deafening. if there is is not a plea deal to count for these charges, the question is will hastert and his team challenge the government's allegations and demand a jury trial? i guess if i had to bet, if you'd like to keep, but we presume to be salacious details

of prior misconduct private, one might anticipate a plea deal, but then again, no cases are resolved by plea deals. the question is will he contest these charges? he was not arrested thursday when the charges were unveiled. a routine matter last week said he can be freed pending trial without posting money, unless the prosecutors object. the two charges, both carry five-year prison term and a maximum $250,000 fine. one of my "chicago tribune" colleagues took a look last week how often these cases are brought in chicago. he found only two dozen case the last ten years. typically, the cases involved drug dealers or business owners who are trying to hide assets from the internal revenue service to avoid paying taxes. what is unusual about the

hastert indictment is there is no indication he was acting to avoid paying taxes. the final point i'll make is when hastert began withdrawing this money in 2010 after the alleged agreement to pay $3.5 million, initially he made 15 withdrawals of $50,000 a piece, that adds up to 750,000, of course. he was told by bank officials they had to report cash transactions exceeding $10,000. one of my colleagues talked to said put it out that then hastert starts making withdrawals under $10,000 so in the words of this, quote, there is an element of thumbing your nose at the system there is that person's opinion. >> katherine skiba, thank you very much. we want to bring joey jackson into the conversation. one of the things she said, is plea deal or going to a jury trial. when you look what we know about this case thus far, joey, what

do you anticipate could happen? >> you know, it's always hard to predict, but i will say because of the underlying alleged misconduct, there may be some interest on the part of hastert's defense attorneys, and certainly the client, to avoid moving forward. obviously, in the event that they did have a trial, the lawyers would be arguing the past misconduct is not relevant to prove the crime charged. however, to the extent that it would attempt to explain why he was doing what he was doing, which, you know, look. the reality is this. it's your money, you can move the money. but if you require taking more than $10,000 out, there are certain reporting requirements that the bank has to engage in. the bigger issue is when he was taking 50 at a clip and the bank said you can't do this in july of 2002 or what are you doing and what is the basis of you doing it and if you do it, we have to report it? then he starts shifting and we know he took out 106 transactions less than $10,000

so the bank ghwould not report . the fbi said this is suspicious and what are you doing? that where you get the lie to the fbi which is a crime and you get the charge structuring it using various banks so they wouldn't reach the $10,000 threshold which would be cause to report. as to whether or not he'll go to trial is the open question. if he wants to hide the allegations in terms of the past and not reveal them, that might be the way to go. >> how likely would it be, based on what we know, that the prosecution could get a conviction in this case? what specifically do they need to have in front of them to prove their points? >> the problem that he has from a defense attorney prospect whennive when you lie to the fbi is problematic. him giving the indication to the fbi or otherwise gragreeing, dot you trust the bank system, he says yes but the money for me. we can establish the money wasn't for him and he was taking it out and a witness to suggest he was giving it to him. that makes it problematic to

defend the lie charge and then, of course, when you're structuring and taking out 106 times, money that is less than $10,000, that it equals $952,000 you have explaining to do and can you prove 23r from a prosecution perspective you were structuring in such a way and withdrawing it in such a way to evade reporting requirements and that is the basis of the charge here. to the extent it's transacti transactional, the government can show the amounts he was withdrawing and the dates he was withdrawing it's difficult to get out from under and that is another basis in addition to not revealing the past misconduct in why it's interest in his interests to resolve this without a trial. >> if he was your client, would you go plea or would you go jury? >> i think it makes sense to structure a plea deal here. at the end of the day, he was, you know, extorted to some degree. pay this or else i'll tell. that has to carry some weight,

i'm sure his attorneys will argue with the government. >> joey jackson, thank you. >> have a great day. >> you too. oklahoma troopers respond to a stranded vehicle call but they end up killing the person they were trying to rescue.

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27 minutes past the hour. welcome back. police are investigating why troopers fatally shot a man they were trying to rescue. here is the story. oklahoma highway patrol says

that last night, two troopers were respond to go a driver stranded in high water here. it's unclear why, but they say a fight broke out between the troopers and the driver who was armed and his brother while they were trying to get the men to safety. the troopers shot and killed the man and arrested his brother. an egyptian man jailed in cairo two years is now back in the united states. medi mohammed sultan is looking frail and in a wheelchair. this is a picture of him maybe 14 months ago. he's been on a hunger strike since then to protest his detention. he was arrested in 2012 after demonstrating support for former president mohammed morsi. >> blues ledge b.b. king has been laid to rest. a funeral service held for him in mississippi. hundreds of mourners and the choir in back is singing. the hundreds of people there.

king was a pioneer in the world of music. he was 89 years old. i bet that was filled with an awful lot of music. >> a lot of music there. you remember those five taliban members swapped for american captive sergeant beau bergdahl a year ago? well, a travel ban against them may expire in just a few hours. we are talking about the men who have connections to al qaeda and one man even directly associated with osama bin laden reportedly. some fear they will take this opportunity to rejoin the taliban on the battlefield. we will talk about that in a moment. ♪ >> i'm a contributing writer to "the new york times." i think this is one of the most wide open slants in the women's side in quite a while. a lot of different hands that the trophy has passed through and a lot have a realistic shot at getting it this year.

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the travel ban on taliban detainees swapped for beau berg d dahl could conspire today. they could be free to leave qatar and rejoint t the terror group. >> we are joined on the phone by elise right now on the phone. where do you understand these talks stand this? >> reporter: the united states is holding talks with both the governments of qatar and also afghanistan. let's not forget, these five taliban detainees were from afghanistan. they were arrested on the battlefield. so the question is whether they would extend the ban and keep them in qatar, or whether they would travel back to afghanistan

either to be let free or to be monitored by the afghan government, or even picked up and charged with their taliban activities. so i think the u.s. preference certainly would be that they were kept in qatar, the monitoring and strixs woumonito ing and restrictions would remain the same. the qatari government's point of view, diplomat sources tell me they would extend the agreement as is but they don't want to put any new monitoring restrictions as some have suggested in qatar. >> do we know if conversations are still ongoing? >> reporter: they have the meeting for several weeks. yesterday was supposed to be a more decisive meeting but those talks have not finish. the u.s. says it's still negotiating the deal. it's unclear whether -- i said who the deal is going to end up with. would they be going back to qatar or would they be going

back to afghanistan? i would think by the end of the day, we will hear something about the five remaining in qatar under the same restrictions. >> thank you for the update. >> let's bring back retired general mark hertling. we are hearing from the ka tqat will extend the deal as is, no restrictions, that the u.s. wants those additional measures. are the hands of the u.s. officials tied? what are the option here? >> victor, i think it's interesting to note there are two key suspensions in discussion today on the war on terror. the first one, the megadata versus the civil liberties piece. then this expiration of the confinement and control of the taliban five. both of these things are tough

choices. and the united states wants things to happen but it's sometimes hard to make the tough call and reduce liberties to make them happen. in the case with the taliban five, we didn't want these individuals in guantanamo but, at the same time, we don't want them released. you're really caught in a conundrum there. we want other governments now to weigh in when, in fact, it was difficult for us to do the same thing. >> i know you don't want to look back when it relates to the decision to trade these five for beau bergdahl but let's talk about the decision to release them into the qatari control. was there ever a reasonable expectation that after a year, these five men would renounce their loyalties to the taliban and that these restrictions and the surveillance could expire? is there a reasonable expectation that will ever be possible? >> well, i think that was the hope, victor. but hope is not a method when you're telg widealing with thes of individuals. these five have been away from the taliban for quite a long

time. you say what could they possibly do going back into the organization? well, they are going to be a strategic messaging for success against the united states as soon as they return, or if they are allowed more freedom of activity and freedom of conversation with their former compadres. this is going to be very difficult, because, truthfully, this is seen in that part of the world as a win against the united states. now all kind of stories will evolve from this. i'm sure that they will tell how harshly they were treated, even though that is not the case within guantanamo bay. it will cause more of a dislike and a hatred for americans in the middle east. so all of these things will affect it. now, whether or not they contribute to future operations, that remains to be seen and whether or not the afghan government, as well as the take kcar qataris can pull together and say we have to control these individuals a lot more and watch

them very closely or arrest them as is part of the deal of the potential in afghanistan. >> we will learn if there is a deal in a few hours. retired lieutenant general mark hertling, thank you so much. >> thank you, victor. come monday morning, the u.s. government may find itself with fewer tools to investigate terrorism. the clock is ticking as general hertling referred to this as well. as the fbi reports, there's a surge of westerners being recruited online by isis. we will be back in a moment with more on that.

. congress has until midnight to decide whether or not to

extend certain provisions of the patriot act used to investigate terrorists. we know that terror groups like isis are relying more and more on social media to recruit vulnerable americans. >> reporter: the fbi made clear this week the isis threat in the united states is real and growing. and that it's going to take everyone in law enforcement doing their job to prevent a potential attack. the failed attack by two home-grown extremists shot dead by police in garland, texas, earlier this month was, in many respects, only a matter of time. >> a police officer has been shot. two suspects have been shot. possibly have explosives on them. >> reporter: the fbi saying there has been a surge in u.s.-based isis sympathizers and that the threat is much larger now because of twitter and other social media reaching people willing to act out. >> there are thousands and

thousands of messages being put out into the ether sphere and they are hoping they land on an individual who is susceptible to that type of terrorist propaganda. >> reporter: the director of national intelligence estimates 180 americans have either joined or tried to join terror group overseas. now isis strategy is evolving. not only is the terror group using social media to recruit overseas and inspire locally, national security officials say they are also using social media to make direct contact as they allegedly did with elton simpson who plotted an attack on an anti-muslim cartoon event in texas. >> once they identify an individual, they will then try to directly communicate with that individual to give them coaching and guidance on how to do an attack inside the united states. >> reporter: the fbi is using more resources, tracking potential isis supporters.

the problem, officials say, is that isis recruitment efforts are increasingly difficult to detect because they are essentially hiding behind encrypted communication. the fbi director has repeatedly warned police chiefs nationwide to be hypervigilant since police may get no warning prior to an attack. >> there are on encrypted platforms, so it is an incredibly difficult task that we are enlisting all of our state and local and federal partners in and we are working on it every single day but i can't stand here with any high confidence when i confront a world that is increasingly dark to me and tell you i got it all covered. >> reporter: just as official this week were trying to gain support for two surveillance tools. the first is the ability to monitor individuals with no ties to known terror groups. the second, roving wiretaps, tracking multiple phones tied to a single person and both are set to expire on june 1st and the

senate will try to end the current nsa bulk phone data collection program as it exists. debra feyerick, cnn, new york. police say they expected to arrest more people in that horrific quadruple homicide in washington. two weeks later now, only one person charged with the murders. we are going to go over some possible key evidence. stay close.

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if you are anything like us, when we heard about the horrific quadruple murder at a d.c. mansion, it shook a lot of people up, and the police expected more people to be arrested and to this day only daren went is behind bars. if you remember, investigators were able to find him because they found his dna on pizza crust left out side that torched mansion. the police chief said that was impossible for him to have only been the only one to commit such a horrific crime. take us into your world. why would they not be able to have found other suspects yet?

>> well, i think they probably do have other suspects and are conducting an veinvestigation. the driver, there is no reason why he came up with an idea or excuse on how he dropped the money off. that's why the police are probably taking a very, very close look at him. i think we will see something in the future regarding his driver. now, also, the fact is that we had five people that were arrested, you know, with went when he was taken down, especially when one of the females admitted she made and made money orders out of the money recovered. we know there was $25,000 recovered, and how much more

money was left? where is that money now. i am assuming it probably went to an accomplice. that's where we are at in the case. we have video of the man running behind the building close by where the vehicle was recovered and he does not fit the same description as wint. he is really the man that dropped the car off and set it on fire? we don't know. the time analysis conducted by the police department from the time on that camera and the time the fire department responded to the car are pretty close and consistent, so we can assume that man running behind the building was the suspect driving the porsche. >> the attorney robin flicker, who used to represent wint in some other cases, he said wint could not have committed the homicide because he hates pizza, but his dna was on the pizza.

can you compromise dna evidence? >> no. well, it can be compromised in certain ways but not in this instant here. i don't care if he likes pizza or not, and i think his defense attorney is looking for any type of a defense to be able to help this man when he finally go to trial, but that's not going to be a defense or hold up in court. >> let me ask you this quickly, and we only have a second, but how long do you think it will be before wint might turn somebody in? >> they are not going to make a deal with wint because we know he is the killer, and you don't want to make a deal with a killer, and he has an attorney so he will not make any comments to the police at all. >> thank you. just over 16 hours until key parts of the patriot act expire. in the next half hour on "new day," we will talk to a

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we told you last hour about a college baseball team making it to the world series. their pitcher is getting a lot of attention on the internet, specifically for his weight, not his pitching but his weight. >> there has been a pouring in of the comments from social media. we have more on this debate. >> yeah, some tweets we will not show, but the picture of this baseball pitcher has gone viral because he is a really big dude. he plays for the st. thomas bobcats playing in the world series. he is 6'2", 300 pounds, and it raised an interesting question, why do some athletes get a pass and others don't? some people say his weight makes him awesome and he is a hero to the average everyday joe, and

some say ben, making headlines because of his weight is fat shaming. somebody said his weight is between him and his doctor, and he may be very healthy at this weight and if he can do the job, let him at it. and nobody had a problem with the fridge on the chicago bears team. be kind, people. people are really divided on this, and use #newday. >> i don't get it. he is a good pitcher because they got to the nai series. >> a book, written by a man overweight but still doing a good job. >> shouldn't hold you back. >> people say anything online,

though. we get it, too. thank you so much, we appreciate it. thank you so much for starting your morning with us. >> next hour of "new day" starts right now. it's the countdown in the senate. hours left until key and controversial parts of the patriot act expire. we will talk to the congressman behind the house bill that the senate will consider today. sad news today, as the son of vice president beau biden passes away. i am christi paul. >> i am victor blackwell. it's coming down to the wire for the patriot act. >> if they don't reach an