winning every place. >> reporter: donald trump's lead reaching new heights above the still crowded gop field. this morning, a new washington post/abc poll shows trump with 33%. his highest lead yet. trump's closest competitor, ben carson, coming in >> reporter: both making their case on the sunday shows. >> i'll make great deals to are this country. ben can't do that. >> i have plenty of energy. >> it's ridiculous to think the only thing i can do is neurosurgery. >> reporter: the back and forth heating up with the cnn gop debate just two days away. >> donald trump is an entertainer. i think i am a leader. what i do is talk to the american people about the issues they care about. >> reporter: a new cnn/orc poll revealing that issues like gun

control, abortion and illegal immigration are more important to voters this election season than in 2012. >> they're bringing drugs. they're bringing crime. >> reporter: should he win the nomination, trump push to deport undocumented immigrants can come back to bite him in the general election if he can clinch the latino vote. immigration is the second most important issue in deciding their vote says a new poll. >> i've spoiken to the shining city all my political life, teaming with people of all kinds living in harmony and peace. >> reporter: this as a pro-immigration reform group is out with a new ad. the head of the republican national committee warning the contenders about their tone. >> each candidate will be accountable for their own words and their own mouth. they should proceed with caution. >> reporter: proceed with

caution. interesting words of warning from the rnc chief there. meanwhile, guy, the stage is set, the podiums are up. the kanes are getting ready and we are all looking forward to wednesday night. michaela? >> stand by in simi valley. hillary clinton's support dropping below 50%, according to the new "washington post"/abc news poll, she still leads the democratic field with 42% brute has lost significant ground. bernie sanders has 24%. vice president joe biden has 21%. we want to bring in may rustin. clinton's e-mail controversy we know it keeps taking a toll. look at this poll, 34% of those polled believed she honestly disclosed the facts. how does she reverse this steady decline in the polls? >> she's been trying to reverse that decline in the polls over the last couple of months. she's just in the barrel of bad story after bad story. you do see a clear opening for

joe biden, rising in this new "washington post"/abc poll. sanders has been doing well as well. it's causing consternation, particularly among donors thinking is she the best candidate. that blunt plain spoken talk of joe biden. she's got to get her game back here. she's trying with humor and to shift the attention to her policies but so far, it hasn't been working so well. this is the first time we've seen her sliding below 50% in the "washington post"/abc poll. back to you guys. >> maeve, can you stay with us for a couple of minutes so we can talk about this? >> i can. >> appreciate it. let's bring in political anchor at new york one, errol lewis.

they are going to take this is what we wanted when looking at hillary's numbers. nobody stays in the 60s. this was inevitable. what's the other side the analysis. >> the other side of the analysis is if you have too turbulent of a primary season on the democratic side, it can leave her weakened. that's what some of the numbers reflect. what you want is for her to import what is being told. the clinton campaign is an empty vessel at this point. she's put a couple important policy procedures but she hasn't debated about bernie sanders. she she hasn't talked with him about tax policy. it's a real tune for people to say, this is what you should do, you want your excitement to rise. you have to get connected with social movement, some political excitement, some activity. it's an opportunity for her team. i know the team enough to know they're probably not going to do any of this but i think that's what they probably ought to.

>> let's look at the gop side, maeve. there's a new poll, "washington post"/abc news poll out at midnight. let's look at the head loans. trump and carson way ahead of the pack, 34% and 18%. maeve, tell us what you think the next headline is. is it how low everybody else who was supposed to be winning is? >> yes, it's a little -- almost like people are dropping off the stage already, right? i think what we're seeing, there's a lot of enthusiasm actually out here in california of all places for ben carson last week, carson more directly took on trump for the first time, questioning the authenticity of his faith, walking that back a little bit. clearly, karsen is getting a lot of attention out there. particularly among voters who are uneasy with trump's past positions, clearly his economic positions. we're expecting to see a big ad buy going up today and this week, taking on trump directly on some of those issues. we may see carson just begin to

eclipse trump a little bit, at least for a while. and the other contenders are just going to have to have their moment on wednesday night to see if they can shake this race up a little bit. >> dr. carson, maeve, also showing an ability to learn from the past, right? he took his hits over a choice of what happens in prison. he said no, no, no, i'm going to stay the message. let's flip over to donald trump and some of the message he's put out about latinos. last week his people were trumpeting a poll that is showing he's up with latinos, up with blacks. we look at the new polls, p-17 to are you in the control room. >> just out this morning, 6:00 a.m. >> very somewhat positive, 13. very somewhat negative, 70%. errol, here, a yawning gap. what does it say? >> donald trump is making history, generating some of the

biggest, most profound negative numbers. there are anecdotal things. you go around town and you can see murals on the wall. anti-trump murals in his own hometown. this is extraordinary. look, the horse is out of the barn. he said what he said, believes what he believes. his consultants to the extent they try and clean it up. all they can say is, it's going to turn around. >> i've seen no evidence it will ever turn around. >> maeve, here's the bigger problem. what all of this does to the republican party, this new poll out at 6:00 a.m., seems to say what he's saying is coloring the entire gop party among latinos. look at this, is it helping or hurting the image of the republican party? 13% say he's helping. 65% say he's hurting. so what does the rnc do about this? >> well, i mean, there's really not much they can do. as we know, trump has completely been controlling the debate in this campaign recently.

he's getting all the attention. some is of the other candidates have tried to break in and attack his tone and say that this is not what we think about latinos, mexicans, immigrants. but that message hasn't necessarily been breaking through for them. so this was the great fear that the party had over the long term is that these comments now really will come back to haunt them in states like colorado, nevada next year. and all of this branding that they have been trying to do, the republican party as a more welcoming party perhaps could be a thing of the past if trump stays on top. >> maeve, are you hearing the same thing we are from gop types? they are saying it's all trump, not us. >> right. >> there's an interesting number. insultive and offensive, 70%. is it tell it like it is? 26%. this is among latino voters. does that help the gop say this is what donald trump owns in

this race. >> that's predicated on big, dramatic moment in which the party and what is the party? right? it has state chairs, political leadership, elective leadership. it has candidates that are now running. somebody is going to have to step forward who is unquestionably the voice of the republican party and say, enough is enough, we repudiate this. we're not part of it. i don't get the sense that reince priebus is that man. >> do you think somebody is poised to say shut it down, donald trump? >> well, look, i think they can try. but one thing he's done that is really sort of new is that he goes to this sort of level of school yard insult. and that's where it stops. so you can't get into a question of, like, you're being divisive, you're being hurtful to the party. he'll say you're low energy, you're ugly, you're low in the polls. all kinds of stuff that's bait for the viewers, for the media, frankly. where's the conversation go

after that? >> although you have seen someone like ben carson be maybe the most effective at this, he has a quiet tone about him. he's a really interesting personality contrast to donald trump. so there may be a moment for someone like carson to really take on trump in this debate and certainly i think his supporters have been waiting for that moment. there's a lot of them who do not want trump, a loot of them i talked to last week. >> we'll be together out in simi valley. my nonalcoholic bet with you on this is that kasich, john kasich, the governor of ohio will step up and he is going to make a claim to try and get into this race in a positive way. we'll see who else follows suit. >> i like it. is there money on this? >> yes. we'll talk about that. the silver money, not the green. >> errol, maeve, thank you. that's the gop poll. we have equally incisive numbers on the democratic side. the second republican debate couldn't come at a better time. it's time to clear the field and

see who wants to be on top. it's here on cnn, wednesday, the opportunity so nice you can watch twice. you start at 6:00 p.m. eastern and then we have the primetime event with 11 candidates on stage. that's at 8:00 eastern. the final preps are under way at the reagan presidential library in simi valley for this high stakes debate. >> they move quickly in los angeles. >> wow! >> busy bees. >> very busy. we turn to europe'sess claiming migrant crisis. the death toll is rising off a boat capsizes. european union leaders meanwhile are vowing to take tougher measures against human traffickers. our cnn senior correspondent is on the border of macedonia and greece. he joins us now, ivan watson. >> reporter: hi, michaela. let's set the scene. migrants and refugees come through shortly after crossing

the border from greece, they buy tickets, 25 euros a piece to get on this train and go to the next stop. the european leaders have just announced a decision to try to crack down on some of the movement on the mediterranean sea. they've said they're going to use military force to try to stop smuggling vessels from getting across the mediterranean sea to europe. but it's not entirely clear whether that will apply to these people here. almost everybody i've talked to, they have crossed a different body of water. the aegean sea on little rafts from turkey to greek islands. that's where tragedy struck on sunday in the early predawn hours where a wooden vessel capsized. greek coast guard saying that 34 people of the more than 100 who were on board tragically drown. among them, 15 children, including 4 infants. there are thousands and thousands of people crossing the aegean sea on board these tiny

rafts every day. in fact, you can see this little boy still wearing a life jacket presumably from having crossed that same body of sea. there's no sign that that traffic is going to let up. alisyn? >> 15 children and 4 infants, it's so tragic when you think of each of those lives. thank you for the reporting. we'll check back with you. back here at home, breaking overnight, a major california wildfire being blamed for one death. the valley fire burned more than 50,000 acres in northern california. the fire destroying hundreds of homes, forcing thousands of people to evacuate. four firefighters injured battling this blaze. governor jerry brown declaring a state of emergency in two northern california counties. breaking news out of southwestern kentucky. police there are frantically searching to a gunman who shot and killed a state trooper during a traffic stop. that shooting happened on interstate 24 in lion county. the suspect, joseph johnson

shanks fired multiple times into officer joseph ponder's car, killing him. people are being told to stay inside, lock their doors and call police if they see anything suspicious. the first sunday of the nfl regular season is in the books. the jets have begun their march to san francisco. how did your favorite team do yesterday? coy wire has the details in the "bleacher report." look at that smile. >> what a great start to the nfl season. the games left some fans overly delusional about their teams, like chris cuomo. other fans were ready to hit the panic button. the cowboys hosting the giants, last night's prime time game. dez bryant streaking across the field. he's escorted to the locker room. he broke his foot, out four to six weeks. dallas trails by six. ten seconds to go, touchdown,

tony romo to witten. cowboys beat the giants, 27-26. first quarter, browns josh mccowan. ball's out, ball's on the ground. mccowan leaves the game with a concussion. we have to see this again. johnny football time. manziel on the second pass of the game finds travis benjamin for a 54-yard strike. the jets and new quarterback, a harvard grad, ryan fitzpatrick with too much for cleveland to handle. fitzpatrick throws two touchdowns. the jets go on to win 31-10. finally in tennis, novak djokovic, give that man another grand slam title. the best player in the world defeated perhaps the best player of all time, roger federer in four sets to win the u.s. open men's final last night. the two have faced each other 42 times.

they split now, 21-21. what a great match it was. guys, i have to know, chris cuomo's favorite team is the jets. how is he going to cheer for a quarterback who's a harvard grad when chris went to yale? >> it's confounding. >> it's confusing for chris. >> despite your large body, muscles, intelligence and good looks, you're way off. a jets fan can never be too delusional. there's no ceiling. even harvard is okay because he's all green now. >> gotcha. >> there you go. >> don't take my moment in the sun, coy. >> trainer, he's been hit in the head, i think. >> again. >> thanks, coy. >> love it. there are new details emerging in the hillary clinton e-mail debacle. the tech company that managed her private server says there is no indication that anyone wiped the server clean. does that mean the deleted e-mails can be retrieved? we'll discuss.

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across america have benefitted. internet essentials is going to transform the lives of families. i see myself as maybe an entrepreneur. internet essentials from comcast. helping to bridge the digital divide. troubling news for hillary clinton. as a new "washington post"/abc news nol show poll shows her l continuing to slip. we have john avalon and margaret hoover. great to see you guys this morning. >> good morning. >> let's look at these hot off the presses polls. this shows clinton, sanders and biden, if biden is in the race, hillary clinton had 63% at the height of the summer, now she

has 42%. bernie sanders has gone up to 24% and joe biden has 21%. >> tough summer for hillary clinton. the camp needs to know she lost 20 points over the course of the summer. and the x-factor of joe biden skewing the numbers as well. reality check, hillary clinton still almost a 20-point lead over the democratic field in any other democratic race that would be considered a sigmonster. >> don't answer the phone in your house. it will be lanny davis. two things, this is natural contraction, right? nobody ever stays prohibitive favorite. >> fair enough. >> and bernie sanders being a legitimate proxy for the left voice much the party and biden being a proxy because he's not even in the race. people don't know his positions. it's just showing what we always thought it would be, a huge

margin. what do you say to lanny? >> the truth is, this is significant softening. it's really a significant softening. even the democratic activists, they think they're going to fall in line but they're not happy about it. >> look at you biting trump's lines. he doesn't have the energy. >> she's sort of slow. but truly that's what you see in the numbers, you see the enthusiasm gap. you don't see the energy. you see bernie sanders doing extraordinary things like going to liberty university and speaking to the heart of the evangelical electorate on the social conservative side. how are we going to care for our fellow neighbors? there's a great article from a liberty university kid who's supporting bernie sanders. his message will carry on some level there. >> i'm pretty sure there will be an arena full of sanders supporters there. there should be overlap among people who care about poverty

and religious issues between the right and the left but good for bernie for going there. >> let's talk about what could be a game changer in this whole e-mail scandal. that is the tech company that took control of hillary's e-mail server says there's no evidence whatsoever that anybody wiped the server clean. so the deleted e-mails can be retrieved. is this a game changer? >> this is always what we suspected, which is why people from the beginning said you will never know whether those were deleted or not unless you can see the server. this is why she was presumably reluctant to give over the server from the beginning and then finally lly acquiesced one drip, drip, drip got too much. >> over and over we've seen hillary clinton make mistakes. what we know now is the server seems not to have been wiped. the e-mails were deleted. that's a significant distinction. it means the e-mails can be

retrieved. >> she's saying they can be retrieved, people. >> we're not talking about a computer wiz here, somebody who has greet insight into technology. but it also means the more nefarious explanations for this whole scandal start to wither a little bit. >> when they say it hasn't been wiped, it doesn't go to retrieval of e-mails, it goes to inten. they didn't do anything to -- this is according to the e-mail server company. now there's something else that's been ignored before lanny calls me. the doj came out and said we don't believe that she -- we're not bringing a case against hillary clinton for criminal behavior with respect to the e-mail server. that's been glossed over by the media, certainly by the republicans. that's a big deal. because it makes the trump angle of i'm not worried about the mr. political, i'm worried about her going to jail. that does not seem to be a possibility. >> it will soon be boone for bubbas on the campaign trail. >> it isn't just that, though.

the fact she self-selected which ones were professional versus personal except for that 15 of her e-mails didn't even show up on the state department -- >> which they said is within the discretion of a state employee. >> let's look at the numbers on all of this. do you think clinton has honestly disclosed the facts of her person e-mail use while secretary of state? the newest poll out this morning shows honestly disclosed, 34%, tried to cover up the facts, 54%. the fact thatthe deleted ones can be retrieved might change the numbers. >> that wouldn't change honestly disclosed. >> it does change cover up. if you can retrieve them, you didn't wipe the server, where's the cover-up? >> they're saying what do you think she tried to do? >> right. >> as opposed to whether she was successful. >> she didn't try to wipe the server. >> she didn't try to hand over the server from the beginning. >> let's look at the next issue.

it asks do you think hillary clinton's exmail use is a legitimate campaign issue or not a legitimate campaign issue? basically split. 44% say legitimate, not legitimate is higher at 49%. >> this has resonated because it surfs off existing negative perceptions about the childrenen tos. the republicans as usual need to be careful. what usually happens in those gop clinton fights is republicans overreach. they get too intense with their clinton hatred and the more they look like fools. the more this looks like a pew fishing expedition, the more they will lose credibility. >> i know she wants it to happen tomorrow. it's not going to be -- >> about benghazi. >> she has things answered about benghazi. she didn't turn over e-mails that said bloumenthal did turn over. i try to get over her instinct

to be protective about it. >> republicans across the country will be popping popcorn and getting out the bunting. >> it's about the country, who cares about the country. >> it's a political fishing expedition, let's be real about it. that is high stakes political theater in the country. >> thank you guys. >> you always have to watch when john makes points to us and won't look at margaret be you know he knows he's getting a beating for it. >> that's inside tell for you. wednesday night, what are you doing? i'll tell you what you're doing. >> you're popping the popcorn. >> cnn republican debate, how do we like this line? enough to say so nice, you getting after it twice. i'm going to say it all show long. 6:00 p.m. eastern, the prime time event, 8:00 p.m. eastern. please watch. we'll be there.

mich? >> it's a three-hour show. pace yourself. kim davis is said to be back at work this morning. will she abide by a judge's orders or will she refuse to issue marriage licenses to same-sex couples? a live report, straight ahead as "new day" continues. moms knowafter brushing, mouths often need a helping hand. listerine® total care helps prevent cavities, strengthens teeth and restores tooth enamel.

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donald trump and ben carson pulling away from the rest of the republican field in the latest "washington post"/abc news poll. check out the numbers. trump holding a commanding lead with 33% of the vote, 13 points ahead of carson. meanwhile on the democratic slide, hillary clinton keeps slipping, below 50%. the president of mexico is demanding an investigation this morning after egyptian forces mistakenly killed 12 tourists and several others. they were apparently mistaken for terrorists and fired on as they traveled through an area that egypt says is normally off limits to tourists. kentucky county clerk kim davis returns to work this morning. what will happen is anyone's guess. will she risk more jail time by refusing to issue same-sex

marriage licenses? cnn's martin savidge is live. how is it looking at this hour, martin? >> reporter: good morning, alisyn. we are waiting for america's most famous county clerk to show up for work. we're talking, of course, about kim davis. even her attorneys say they do not know what she is going to do when she gets here. last week, of course, she was freed from jail after contempt. she was put in jail by a judge when she had refused to issue same-sex marriages in this county the licenses, i should say. she says she was religiously opposed to it. she's become a hero of conservative christians that say they is standing up for her religious freedom despite the fact that the supreme court says same-sex marriages are legal. she comes in the door about an hour and a half from you. she's expected to draw a large

crowd of supporters and there are expected to be a large number of detractors as well. security will be very heavy and though i'm not a betting man, i think it is safe to say that before this day is out, a couple is likely to show up and walk in those doors and challenge her authority to see exactly what will kim davis do? and we'll be hear watching. . >> that's the big question today. what will she do? martin, thanks so much. we'll be watching with you. to something entirely different. if there's any question that surfer kelly slater is legendary, watch this, doing a this, landing atop his board. judges at the california event gave it a 4.17 out of 10! >> what? >> mcfanning won the heat. the same guy that won the shark

attack. remember him? that guy, he won. can we show that video again, though? >> what do judges want? >> he's doing a flip and landing back on the board. >> bam. nailed it. >> surfer extraordinaire, my 9-year-old says kelly came off the board. >> but he landed back on. >> he didn't get full credit and it wasn't as clean. he didn't have as many clean rides. >> all right. well, i'd like to see the judges do it. >> i don't know, i think the fact that he came off the board and something happens in the turbulence and he's back on the board. >> i must say, i respect the fact that neither of you went to the fact that he is also gorgeous as to why he should have won. >> we're not looking at his face. >> we're not that superficial. >> but you are. >> we also can't see his face from there. this week on wall street, all eyes are on the fed federal reserve. christine romans, she's in the

money center. >> this is much more exciting than your surfer story. what's happening to fed this morning. the federal reserve could raise interest rates for the first time in nine years. that's something that would shift the foundation under all of us. fed chief janet yellen must decide if the economy is strong enough to take away the stimulus that's been propping it up for the last six years. gas prices have dropped 27 cents in just three weeks. that's according to the lundberg survey. they're down more than a dollar from this time last year. gas is now cheaper than bottled water. gas is cheaper than milk. prices are expected to keep falling as refineries begin switching to the cheaper winter blend. michaela? >> cheaper than milk. >>? yes. >> wow. all right. i don't know what i'm going to do. >> don't drink it. please do not drink it. >> keen insight by christine romans. >> thanks so much for that.

>> keen, that's a good word. it tornadoes out that the new york city police officer who slammed former tennis star james blake to the ground has been named in four lawsuits alleging excessive force. two men who crossed paths with offic the officer are now here. they're now suing him. a discussion, just ahead. welcome to fort green sheets. welcome to castle bravestorm. it's full of cool stuff, like... my trusty bow. and free of stuff i don't like. we only eat chex cereal. no artificial flavors, and it's gluten-free. mom, brian threw a ball in the house!

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this morning, former tennis star james blake is asking for the police officer who body slammed him to be fired. officer james frascatore has a number of complaints against him. the "new york daily news" says frascatore is facing four ongoing civil cases that charge he used excessive force during false arrest. two men who filed sets against officer frascatore joins us. leroy klein who filed a lawsuit against the officer in 2013 along with his attorney and warren diggs is also here. he filed a lawsuit earlier this year. he's here with his attorney, m

aim -- amy rambo. this is a little nerve-racking to get in front of the cameras. we'll just talk about your experiences. what did you think about when you saw and heard about what happened to james blake? >> i wasn't surprised at all. he finally met his matchmaker, somebody with a higher rank, i guess. he went overboard. >> it's interesting you say he went overboard. >> he went overboard. exactly what he did to me, he did the same thing to this super star tennis player. >> do you think it took a super star to make this more public? >> that's usually how it goes, yes. i'm glad that something was able to happen to bring it to light, because my case is two years old. and nobody came to speak to me about anything. you know, now that it's happened, i get to let my side of the story out and let people see what's going on.

it's a good thing, even though it took something bad to happen. >> let's talk about what happened to each of you. warren, we'll start with you. i understand it was 2013. >> yes. >> you were on your bike coming home from a bodega. it was dark. >> yes. >> what happened next? >> i'm riding down by driveway. i enter through the side door at night time. as i'm going down the driveway, i hear somebody say, where are you going? i get off my bike at the bottom of the driveway and i look up and it's officer frascatore and two other officers coming down -- running down towards me. >> they were already running at you. >> yes. >> did they identify themselves as officers? >> no. >> they were in uniform. >> i knew they were officers. so i was folding my bicycle while they were approaching me. they asked me what my name was and if i had any i.d. i told them my name was warren and i have i.d. but it's not on me. it's inside the house. >> you went into the house to get the i.d. and that's when

they knocked you over and hit you? >> it wasn't as swiftly as that but that's the gist of it. after they asked me for my name and i.d. and answer them, i told them my keys were in my rear pocket. i put my hands up so they wouldn't get too jumpy or anything. i let them know which pocket the key was in, turned towards them so they could see. they kept the light on. nobody objected to anything i said or did. i removed the key from my pocket slowly and deliberately. they allowed me to put the key into the lock and open it. there's two doors to enter the side of my house. i opened both doors, my second foot hit the landing, officer frascatore grabs me to pull me out of the landing. the other officer that was there grabbed my other arm and then frascatore punches me in the side of the head after asking me where i'm going.

telling him i'm going to get my i.d. what is the problem? >> right. >> the officer that was behind me, which i believe his name was la lama lambardi. >> i'm fast forwarding. i want to make sure we get in leroy's story. the charges were miss dissed, correct? >> yes. >> no apology for what happens. >> none whatsoever. if i may say this, the reason these instances of excessive use of force and other deplorable acts by bad police officers continue to happen in this city is because of an institutional failure on the part of the ccrb, the civilian complaint review board, the iab, an arm of the police department, because of their failure to adequately sanction bad police officers who engage in this type of conduct. >> it's important you say that. it's bad police officers. there's this growing sentiment against police station in the

nation. we want to make sure we are pointing out the bad apples and not make an indictment against all police. let's turn to leroy and talk about your situation. you're in queens, a college student. no prior convictions. you got pulled over for a broken taillight. but things went south really quickly. quickly tell us what happened then. >> it was a routine stop. he ask many he for license and registration. where i'm from i get pulled over a lot. >> i don't you do? >> yes. this time i decided to ask, what am i being pulled over for? frascatore, he completely ignored me. he said license and registration. i said, sir, what am i being pulled over for? that's when he reached inside my door and unlocked my car door and opened it. he tried to grab me. i didn't know what was going on. i swayed back. that's when he came with three straight shots to my teeth, my mouth area. and at that point i was delirious because it felt like i had no front teeth at that time. i was screaming at the top of my

lungs. that's when his partner came around and grabbed my legs. and they actually threw me in front of my hood, patted me down. he slammed my head to the front of my hood twice. i guess he did a quick little patdown, hand cuffed me. he ripped my -- i had shorts on that had like a string to hold them up. he popped that off. at this point my shorts were down to my ankles. >> goodness. >> my boxers were showing. >> he tried to claim that you had bit him, medical records later showed that the cut on his hand was from him punching. is that correct, michael, from him punching him in the mouth. >> that is absolutely correct. >> you both have cases now. what do you want to see lap with this officer quickly? >> at least his badge should be taken away. he should not be affiliated with nypd. >> he should be prosecuted for what he did. what he did was a criminal act. what he did to my client was a criminal act. what he did to this gentleman was a criminal act and what he

did to the tennis star was a criminal act. >> he lied about what happened. he added stuff to the case to make me look bad. implicated my wife in the case in front of my children. he embarrassed me on my block in front of my family. that's unacceptable. >> i can see that -- >> the real problem with frascatore is that he made up a story. he just made up facts that just didn't exist. >> we're going to see what happens now. obviously this litigation and others are pending right now. we'll see how the nypd responds. we asked them to respond to this. we so far haven't heard anything back from them on these two cases about our request for information. leroy warren, thank you so much. michael and amy, thanks for joining us. tweet us new day cnn and put your comment on facebook as well. new week, same question. will joe biden run for president? what will it take for him to jump into the race? one of joe biden's advisers joins us, next.

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but you can count on our 1,000 americas and canadas best value inns for room discounts, upgrades, instant rewards, and a home town touch. a guy in the back yells, joe biden, bronze star, sir, served in iraq and all of a sudden, i lost it. how could you -- that's not -- i shouldn't be saying this. that, that -- you can't do that. >> growing questions about whether joe biden will get into the presidential race especially after that emotional interview that he did with stephen colbert there. let's brook in the former chief of staff for vice president biden at the democratic national convention committee. he's an envelopal adviser to draft biden '16. thank you so much for being on

"new day." there seem to be two impressions that came out of the emotional interview that the vice president did with stephen colbert. the first one was he's simply too fragile and too raw to commit himself to running for president. the second was the best way to honor his son, beau, is for him to get into the race. that's what beau's spirit would want. that's what beau's hopes were. which one do you believe? >> i think there's a -- i was struck by a couple elements of the interview, the first was just as a human being to talk about family, talk about loss, talk about faith, perseverance, everybody should watch the interview. it was an extraordinarily interesting look into how we grapple with tragedies in our lives. second, more politically, is this is a guy who has been middle class his whole life, has been sincere and authentic about his public service, not like sort of some people dabbling in

and out of politics. who resonates with middle-class voters, who resonates with stephen colbert. who wants him to run. i want him to run. i found that sense, it looked like a guy who was running. the other piece of this that's equally important is the monday before that interview, if you saw footage of the vice president at the labor day parade in pittsburgh and you watched him, you'd say, there's a guy running for president. there's a guy who' physically strong, physically active, loves politics, loves people. is really out there and engaged in an exciting way with voters. >> we have it right here. you see him, jacket off. he's hugging kids, posing for pictures, he does seem energized. it sounds, robert, that you're saying, as someone who knows him, that your gut thinks he is going to get into this race. >> my gut is he has plenty of too imto get into this race. he has the skills to get into the race. i think he can build the

infrastructure very quickly and frankly the fredricka whitfield is being built. there's a major story in the "wall street journal" today about staff in iowa, new hampshire, south carolina, nevada, donors, i mean, it's really sort of starting to happen. i think the interview with colbert, some of these other things you're seeing the president doing, they're just really resonating with folks and i think people are being drawn to a potential campaign. >> you say he has plenty of time to get in. i believe he's given himself a first week of october deadline. that's what's out in the public consciousness. when do you think he will make this decision? >> we used to say it would be the end of the summer and i used to joke summer would go to thanksgiving, maybe halloween. i think the deadline is november 15th. that is when you have most of the filing deadlines, most of the legal deadlines that would be required to get on ballots different places. i don't think there's any real rush to do anything before the middle of november.

>> have you spoken to him? >> i've not talked to him since beau's funeral. >> you have no idea which way he's leaning. obviously you want him to get in and you believe you might see that in the next month? >> i do want him to get in and i do believe it. >> robert hoops, thanks so much. great to talk to you. we always appreciate the insight into the vice president from you. >> thanks. >> the big republican debate is just two days from now. >> ben's a doctor. he's no a dealmaker. >> they don't know what it takes to become a naur row surgeon. that's idiotic itself. >> each candidate should proceed with caution. hillary clinton's lead continues to erode. senator bernie sanders is surging. >> you can't run in a fair election, get another job. kim davis returns to her job for the first time since spending five days in jail. >> she's also obviously a person of strong conviction and strong

conscience. >> will she abide by a judge's order? >> this is "new day" with chris cuomo, alisyn camerota and michaela pereira. >> good morning, everyone. welcome back to your "new day." the countdown is on. just two days until the republican presidential hopefuls say the stage at the reagan library in california for the second gop debate, this one hosted of course by cnn. a new poll out this morning has washington outsiders, donald trump and ben carson pulling away from the rest of the field. >> there's also great insight into why voters feel what they feel about these candidates, especially latinos. we'll give that to you. what is going on with the gop? also on the democratic side, hillary clinton losing significant brunned to bernie sanders and vice president joe biden who isn't even in the race. why do we have him in the polls? we'll discuss. let's start our team coverage with athena jones live at the reagan presidential library. that's an odd place to be. why are you there, athena?

>> good morning, chris. this is where the big night will take place a couple nights away from now. we are all counting down in simi valley. that new national poll out from the "washington post" and abc news shows that donald trump is still in the lead and he's posting his biggest number yet. take a look at that poll. we can put it up on the screen. you see trump is leading with 33%. ben carson in second place is 13 points behind him. the rest of the field is in the single digits with jeb bush, 25 points behind the leader. one more thing i want to mention about that poll is that scott walker has lost the most ground since july. he's not even up on the screen there in the top five. he was in second place in this same poll at 13%. he's now down to just 2%. meanwhile, a new cnn/orc poll shows that several issues have risen in importance since the last presidential election

cycle. those issues are gun control, abortion and illegal immigration. and that shift could certainly shape voters' choice for their party's nominee in both parties. one more interesting set of numbers i want to show you from that abc/"washington post" poll, that shows that the number of republicans who want an outsider candidate, the number is stunning. look at that. it's 60% of republicans say that an outsider status is more important to them, to their vote for the no, ma'amly than experience. that could show why donald trump, one of the biggest outsiders, is leading and ben carson coming up second. i should mention, of course, the stage is set. the podiums are up. the candidates are getting ready. as you know, the last debate had 24 million viewers. this is a huge opportunity for the candidates to make a strong impression with voters that could give them a boost in the polls. of course we'll all be watching. alisyn?

>> we sure will. thank you so much, athena. hillary clinton's numbers slipping below 50%. she leads the democratic field at 42% but her support does keep eroding. bernie sanders has 24%. vice president biden who as you know still has not made up his mind whether he'll run has 21%. when asked if they approve of the way clinton is handling questions about her use of personal e-mail, a majority of americans, 5%, say they disapprove. an almost identical percentage, 54%, say they believe she has tried to cover up the facts. >> one of two major wildfires burning in northern california has now turned deadly. it is the valley fire. it's destroyed month are than 400 homes, forcing thousands out. we have cnn's dan simon live in the fire zone in middletown, california. what's the situation, dan? >> reporter: hey, chris, i tell you what, this is absolutely unbelievable. you can see why. this fire just incinerated everything, this neighborhood has been flattened.

look what it did to this mini van. this gives you an appreciation of how hot this fire got. this is what a four-year drought in california can look like. >> reporter: a state of emergency in place across four california counties this morning. >> you have to come right now. >> reporter: the massive valley wildfire spreading rapidly, killing at least one person in its path. >> these fires are burning in all directions. the plume of smoke is creating its own weather and so they are very unpredictable. >> reporter: the raging flames burning over 50,000 acres, 100 miles west of sacramento. the fire so hot it melted the window pane right out of this car. four of the nearly 1,500 firefighters battling the flames suffered burn injuries by the fast-moving blaze. >> the firefighters, i'm sure they're emotionally drain, physically draen after being stuck in a situation where, you know, your life's on the line.

>> reporter: just 70 miles east of sacramento, another wildfire has grown to more than 65,000 acres, threatening over 6,000 structures. officials forcing thousands of people to evacuate. >> i slept here in the parking lot at walmart in my car. >> reporter: together the fires have already destroyed more than 500 homes. >> these houses are burning up. it's awful. >> really scared. very, very worried about if we even have a home to go to anymore. >> reporter: here at the napa valley county fairgrounds -- >> this is my new home. >> reporter: nearly 1,000 evacuees pitch tents, nervously awaiting the fate of their homes. >> my house was completely destroyed. it is flat to the ground. we lost everything. >> reporter: and this fire is still at zero percent containment. officials have called this a

fuel-driven fire because there's so much of it. the good news, michaela, it is slowing down a little bit. >> our hearts go out to the families dealing with such massive, massive loss. thanks for that look, dan. desperate situation unfolding in europe, the migrant crisis escalating overnight. 34 people were killed when a migrant boat capsized off the coast of greece. the death toll, we're told, includes many children. we begin with cnn's ivan watson at the greece/macedonia border. ivan? >> reporter: michaela, that's right. this is a train, the next leg of the journey for many migrants and refugees, a crowded train they're boarding that will take them across macedonia to serbia. this is the next step really on the migrant trail. many of these people saying they want to go to germany or perhaps to sweden. almost everybody that i've

talked to say they originally took one of these smuggler's dinghies, the inflatable rubber boats across the aegean sea from turkey to the islands of greece. there are thousands of people making that dangerous crossing every day. that's where disaster struck early in the morning on sunday when a boat capsized. 34 people on board, out of more than 100 passengers, drown. among them, 15 children and the greek coast guards say four of those children were infants. i've asked people again and again, did you take that journey, especially to parents, why did you bring your children on board if this terrible accident could happen? some of the refugees from syria, they say, our children would be dead in syria anyways. we have to take this journey. the people that i've been talking to here, there are a mix, some of them -- most of them -- are syrian refugees. you have iraqis, afghans,

pakistanis, bangladeshis. it's a mixed crowd of people on the move. >> that's a terrible choice for any point to have to make, dying in syria versus this treacherous journey. thank you so much. european officials meeting in brussels considering nation-by-nation quotas. this as germany institutes temporary border controls to stem the flow but germany's vins chancellor says the country could take in a million refugees. cnn's hala gorani is live in brussels with that part of the story. good morning. >> reporter: good morning, lo alisyn. it is here in this building in brussels that high-level interior ministers and justice ministers are discussing this idea of mandatory quotas where migrants and refugees who make it to europe will be distributed equitably. there's a lot of resistance, namely from countries like hungary, other central european countries as well are saying

they don't want to sign up. they don't want the eu to force upon them migrants or jeffreys they're not willing to take. you mention these border controls. this is crucial, alisyn. austria tightening its borders with hungary. slovakia as well tightening its borders. austria is sending troops to its border in order to facilitate and manage this refugee crisis. this is essentially suspending the passport-free zone here in europe. at the same time, the eu is saying it is willing to implement phase two of stopping smuggler boats in the high seas, boarding boats with shall that would be boarding boats and diverting vessels as well used by smugglers. it's starting to take on a bit of a military operation air here as the country struggles to deal with this massive influx. back here at home, let's get

to this week's cnn republican debate. it's wednesday night. one of the candidates who will be on the stage is carly fiorina. how will she do against the other ten candidates, including donald trump. we have the deputy campaign manager for fiorina for president. >> thanks for having me. >> we heard carly fiorina say she is going to take on the enterta entertainer, which means take on trump. what is her strategy for taking on trump? >> i think you'll see more of the same lines we've seen the past week. donald trump is entertaining but carly is a deep ly substantive person. >> is she preparing zingers and one-liners if he spews out insults? >> i don't know about preparing

one liners. she's prepared for anything that happens whether it's policy or maybe the less substantive things that come her way. >> there's a new poll that i want to show you, because it talks about donald trump's effect on the republican party, particularly with latino voters. this is just out in the past hour. it's an nbc marist poll. is trump helping or hurting the image of the republican party among latinos? 13% say he's helping. 65% think he's hurting. what is carly fiorina going to do about that? >> i think we have to land conservative policies in people's lives. i think what carly is particularly effective at is talking about why those policies lift everyone up. liberal policies have trapped people in webs of dependence. they have hurt job creation, all of the things we talk about so

much. i think it's important to make that applicable to everyone. and, again, not just for entertainment value but because this is serious and it matters. >> let's look at the latest poll that shows where carly fiorina stands. had is the new abc news/"washington post" poll. it was out just at midnight. it shows where everybody is, basically donald trump is at 34%, still running -- i thought it was 34%. he's still running away with it. ben carson at 18% and carly fiorina is at 2%. people have talked about her great surge. she's made it to the main stage but 2% is not that much of a surge. >> well, carly's still introducing herself to voters. that's really what wednesday is about. she has the lowest name i.d. of any of the candidates running. she's an outsider. she hasn't built up her donor base over years of being in washington. wednesday is about getting her

message out and introducing you. when carly talks to voters, they're very excited about what she has to say. she ran away with the straw poll at the federation of activist women. we're enthusiastic about the next few months and what it holes. >> i want to talk about one of the insults donald trump has launched against carly fiorina. this is not about her looks, it's more substantive. he cites a yale school of management dean, senior associate dean that has looked into her business record. here's what sonifeld writes, he says fiorina was not a rogue ceo plundering shareholder wealth but still a failed ceo. she's never been offered to lead a major public company again. i'm close to many republican officials and impressed with the leadership accomplishment swell

the character of several primary candidates, she is not one of them. how will she respond when he goes after her record at hewlett-packard, which was not stellar? >> a few points on that. one, jeffrey sonnenfeld is a long-time friend of the clintons. it's interesting donald trump would cite him without noting that. he's taking from the dnc talking point here's. carly was the head of a publicly traded company. every 90 days she had to report out what was going on in the company and she was held to account. those numbers are public. you can look them up. the company doubled revenue, quadrupled growth. quadrupled the rate of innovation, i believe as well. and so wouldn't it be interesting if politicians were held to the same account. if she misled, she could be celly liable. that's why people are excited for someone outside the political class. she knows what accountability means, transparency means. will people on the left try to

distort her record? you bet. she's ready for it. it's really about being able to show she's ready to change the status quo and sometimes when you do that, you make enemies like a yale law professor. >> one last poll that speaks to what you're talking about. this is, again, from the new "washington post"/abc news poll. it talks about the anti-establishment feeling currently, right now, particularly among republicans. it asks first democrats which do you prefer, experience or outsider status? 69% of democrats prefer experience but look at the republicans. among republicans, only 36% say what they're looking for really is experience and what they're mostly looking for is that outsider status, 60%. of course that's fine on the campaign trail but once you get to washington, you sort of have to follow washington's rules. what does carly fiorina plan to do about that? >> that's exactly the problem. that's exactly what politicians tell us. once you get to washington you

have to follow washington's rules. that's just not true. carly understands foreign policy, the economy and technology. we don't need a politician again in washington. they've failed over and over again. how long has our border been insecure? how long has the v.a. been failing our veterans? politicians keep telling us they know the answer. there's a lot of bumper sticker rhetoric. at the end of the day, no one has come to washington and made the difference that everyone says election after election are the important issues. voters, particularly on the republican side are ready for someone who will come and not play by washington's rules. >> we are always looking forward to wednesday night. see you out there. thanks so much. >> you bet. >> tune in for the second republican debate, hosted by cnn wednesday night, 6:00 p.m. eastern. prime time event with 1 candidates on the stage is at 8:00 p.m. eastern. we'll have 11 candidates on the stage. look at how fast they're moving in simi valley.

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for the gop. trump and carson get over 50% of the vote combined but heading into the big debate wednesday, we now know what people think of the party. it is a mixed message. let's bring in this cnn political commentator, jeffrey lord, former white house director for ronald reagan. paul bogala. >> this is the first time we've heard donald trump has said latinos love him. now there is impeer quempirical we can look at. this poll just out an hour and a half ago. somewhat positive, 13%, neutral, 12%, very or somewhat negative,

70%. that seems look a problem. >> alisyn, i would just challenge the premise about the latino vote in general. i think it was nate cohen of "the new york times" that did a detailed study and pointed out that the root for the gop back to the white house is with white northern voters. sure, it will help to do better among hispanics but if mitt romney had done that better he still wouldn't have been president. >> i just want to challenge you about that. >> the republican base didn't turn out to vote for him. >> hold on within jeffrey. we know latinos, there are 28 million latinos expected to be eligible. >> where are they? >> that's 11% of voters nationwide. are you saying among white working class people who are responding to trump that that canceled out the latino vote? >> yes. in 2016 i am saying that is doable. and where are those latino voters? are they in california, for example? which is unlikely to vote for

any republican nominee. are they in texas? yes. the answer is they are in texas which will probably vote for any republican nominee. the question is which states, arguably florida would be the tossup there, possibly colorado. yes, that is exactly what i'm saying. >> how does jeffrey lourdes representation that he is okay losing the latino vote find your ears? >> he'll think i'm crazy. >> like sweet music, mariachi music. ignore latinos. did what mr. trump says, don't just ignore them, insult them. when you tell voters you hate them, they don't like it. >> hold on, paul. >> they don't like it. >> talk about jeffrey's numbers. if the latinos are in california and texas, does it matter that they don't like it and won't vote for donald trump? >> latinos -- i hate to give up the game here.

latinos are significant voting blocs in florida, which is the closest state in the last presidential election. barack obama won florida by 0.9%. there are latinos in other states including nevada, colorado, north carolina and virginia are increasing numbers of latinos. in ohio, iowa. go ahead and insult those voters, dismiss those voters. >> it's not a question of ins t insulting them, paul. it's simply a question of -- >> you didn't insult them. when mr. trump does. you have not. you've been perfectly analytical. >> stop being nice to each other. it makes me nervous. >> mr. trump insults them. >> let's start here with the government's top priority on illegal immigration should be, 46% plan for them to become residents, 39% plan to stop them from getting in illegally, 14, deport immigrants in u.s. illegally. that shows priorities of all voters, not just latinos. how important is it to your

vote? all voters, 39%. >> first, the challenge here is to win the republican nomination. and so those are not all republican voters you're talking about there, right? >> they are not all republican voters. they are all voters. >> so my point is, donald trump or anybody who's in this race right this minute needs to win the republican nomination for president. and to be perfectly candid, what donald trump is saying is exactly what dwight eisenhower did as president. we talked about this before. he won re-election after doing that, after all these deportations by a bigger margin than 1956 than he did in 1952. there's nothing really unusual about this at all. >> is that a good parallel on that, jeffrey? help me with the context on that. even if you want to say white men are going to win it for us, is that a way to look at america today, through dwight eisenhower's eyes or do you have to see it as more multioccmulti, more accepting of people of

different cultures? >> there they would disagree with our friend paul. >> okay, paul? >> i don't want to -- napoleon said never interrupt your opponent when he's destroying himself. if the republicans follow the trump strategy, they will destroy their party. >> we can illustrate that in numbers -- >> who's to say that campaigning on jobs isn't pro-hispanic? >> we'll get to the issues in one second. this is the new nbc maris poll. is trump helping or hurting the image of the republican party? we're not just talking about him as an individual. >> right. >> we're talking about his effect on the whole party among latinos helping 13%, hurting 65%. jeffrey? >> right. i understand this. but we are -- we have already seen situations where donald trump has turned around his unfavorabilities by, what, as much as 50, 60 points in some cases? there's plenty of reason to believe he can make a positive

impression in the latino community. we have a long, long way to go in this. so i don't have any problem with his being able to make more progress here. latinos are not from mars. they want jobs. we have 93 million people out of the work force at this point. >> right. jeffrey, it says that you're insulting them -- >> they want jobs like everybody else and they don't have them. >> your spin on donald trump has been that his message is direct and people like that because it's so refreshing. yet the numbers here show that not to latino ears, 70% of them find is insulting. 26% say he tells it like it is. it flies in the face of what the gop wanted to do coming out of the obama/romney situation. it was about a culturation of expanding who the gop respect. this seems to be the opposite of that. >> god bless the republican establishment. they follow that point of view

and they keep losing. they keep losing. they did it in 2012. they did it in 2008. heavens, you can keep on going back to thomas c. dewey. they follow approach, they always think they're going to win and they always lose. ronald reagan was elected twice in a land slide. >> president rais reagan got 37 the hispanic vote. he bragged about being for amnesty. he called it amnesty. he got 37% of the hispanic vote. george w. bush got 43% of the hispanic vote. >> cats are living with dogs right now. jeffrey paul, thank you, gentlemen. we'll be talking to you before the debate. >> i think we saw him completely undone right there. well done, paul.

ahead, more on donald trump. we'll speak with a texas congressman on the border who says trump has it all wrong on immigration, all wrong on latinos. we'll also ask him about the ongoing migrant crisis in europe. stay with us. [ male announcer ] whether it takes 200,000 parts, ♪ 800,000 hours of supercomputing time, 3 million lines of code, 40,000 sets of eyes, or a million sleepless nights. whether it's building the world's most advanced satellite, the space station, or the next leap in unmanned systems. at boeing, one thing never changes. our passion to make it real. ♪ every insurance policy has a number. our passion to make it real. but not every insurance company understands the life behind it.

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just two days until cnn hosts the second republican debate, donald trump and ben carson pulling away from the field. trump sporting a commanding leading with 43% of the vote, 13 points ahead of carson. hillary seems like she keeps backing up, falling below 50% in the poll for the first time. in a hypothetical matchup against trump it is now a statistical dead heat. three teenagers arrested in arizona for shooting rocks at cars and pedestrians using a slingshot. maricopa county say the 18-year-olds admitted to shooting at more than a dozen people an cars over the weekend. they say the attacks are not relevant to a recent string of freeway shootings along a

stretch of interstate 10 running through the phoenix metro area. an apology more than three decades later. the miss america organization apologizing to vanessa williams. after this year's crowning moment, miss georgia, 21-year-old betty cantrell is the new miss america. back to the immigration issue. we'll show you poll numbers that the impact on voters, what they think of this issue and what's important to them and what they want. we have a guest who is on the house 0 appropriations committee and member of the blue dog coalition. before we deal with the race specifically, let's deal with an issue that's probably not

getting enough attention but it strikes the same chord. what we're watching in europe right now is just the beginning. these migrants, refugees, coming from broken down societies, the united states needs to figure out what its role will be. yes, there's been some talk. many would argue not nearly enough. what is your take? >> it almost -- it's very similar to what we saw down here in south texas where i'm at with the people from central america. what we're seeing here is their societies are having trouble, in that place they're having war and south and central america you have akon, the drug cartels, problems with the economy. anytime you have that, look at the history of the world, you'll see people moving around because of war or economic reasons. we saw this in south texas. we're seeing it over there. now after accepting some folks you're seeing countries are starting to clamp down saying

we're not going to accept any more. until we take care of the root problems you'll continue having people trying to get out of syria and iraq and other places. they want to do things to protect their families. >> are you surprised your party hasn't stepped up more, for two reasons, one, the need is obvious as you're saying but also it would counter the rhetoric coming out some members of the gop presidential field, specifically donald trump who turned this issue to the negative own somewhat ignores the humanitarian nature of it that you're discussing now. donald trump himself said that the nature of what he's watching in coverage of the european crisis made him think differently, that those migrants, refugees, demand american help and many should be here. should you be pushing this issue more, not just because it matters but because it would matter to your party specifically in terms of changing the narrative on people running for a better life? >> you know, certainly, i think from the democratic party, i think we can be more outspoken,

even the republican party, i don't think this is a democrat/republican issue. we have humanitarian issue like we saw last year in south texas. we're seeing that in europe. the countries in europe were slower in reacting. now we're seeing what happens we saw the same thing similar, our united states government reacted very slow last summer also. i find a lot of comparisons, different type of situations but at the same time very similar and, again, there's going to be a lot of questions. what is the u.s. going to do? what is our policy? are we going to try to take care of the root problems we're seeing in those countries? and until we take care of some of the root problems, which is more difficult to do, you'll have people flow out of countries to find a better life for their families. >> back here to the domestic issue of immigration, let's look at some of the poll numbers we have from our new cnn/orc poll

this morning. illegal immigration, 39%, in june 2011, 29%. the issue is, without question, now high on the agenda. what do people want in the should the u.s. build a fence? 52% yes, 47% no. should children born in the u.s. to parents in the country illegally should they not be granted automatic citizenship? yes. 50%. so they're split on something that you could argue constitutionally is a nonissue. that tells you people are paying attention and they want to see things that are done to keep people out. and not let them be citizens. what's your reaction? >> if you look at the history of immigration in the united states, there's always this type of rhetoric and no matter how ugly it can get, we've seen it throughout history. we've seen this at different times. one of the reasons we have the 14th amendment, one of the reasons the supreme court made a

decision in 1898 dealing with people born here in the united states. we're talking about the chinese at that time. we've seen this type of rhetoric over and hopefully the more calm, reasonable voices will come out. people usually try to find a simple solution, like putting up a fence or a wall. i live on the border and i think a wall is a 14 century solution to a 21st century problem. we just can't just wall ourselves, the whole u.s. we have to look at what are the root problems we have in the country and work with those countries. we can't be the police for the whole world but there's a lot of things that we can do to work on addressing those issues. bottom line is -- >> congressman -- go ahead, finish your point. >> bottom line is, trump and other folks have been able to tap into the anger and frustration of the american public.

he's been able to tap the resentment that's out there. that's probably one of the reasons he's higher in the poll numbers right now. >> we had the major face of the donald trump camp say the conventional wisdom is wrong. please tell us know what happens with the migrants and refugees abroad. thank you. take care. >> thank you. let's talk about what's going on in kentucky at this hour. county clark kim davis returns to work. we're about to hear from her live. these are live pictures outside of that courthouse. so if a same-sex couple applies for a marriage license this morning, will she issue one? we'll bring you what she has to say, live. to clean the oceans, to start a movement, or lead a country. it may not be obvious yet, but one of these kids is going to change the world.

we just need to make sure she has what she needs. welcome to windows 10. the future starts now for all of us. j@ i'god blessed and teeming with citpeople of all kinds...e. living in harmony and peace.

trump: they're bringing crime. they're rapists. if i am elected they're... going to be out of there day one. reporter: do you think birth right citizenship should be ended? walker: yeah, absolutely. cruz: i think we should end birth right citizenship trump: i will build a great, great wall... in my mind it was a tall proud city built of... rocks stronger than oceans. and if there had to be city walls... the walls had doors and the doors were open to anyone with the will and the heart to get here. that's how i saw it and see it still.

i was going to the library to do my homework. it was a little bit of a walk to get to the bus stop. i had to wait in line to use the computer. took a lot of juggling to keep it all together. what's possible when you have high-speed internet at home? the library never closes. it makes it so much better to do homework when you're at home. internet essentials from comcast. helping to bridge the digital divide. the kentucky county clerk who was jailed for refusing to issue same-sex marriage licenses is set to return to work this morning. she is about to speak live. you can see a live shot outside the courthouse in moorehead, kentucky. we'll bring those comments to you.

just to update, she was ordered by a judge not to interfere with issuing marriage licenses. will she follow that ruling or will she continue to defy it? joining us now is jeffrey toobin. former federal prosecutor. while we wait for a statement from kim davis, the clerk, america's best known -- arguably best-known clerk, what do you think will happen today if she defies the order, what happens? she's coming out now. let's listen in and see what she has to say. >> good morning. i'm here before you this morning as i return to work to say that i love my lord jesus. i love all people and i love my job. i want to continue to serve all three as i have tried to do until now. since january of this year, i have been asking the governor, the kentucky legislature and more enrecently the judge for one simple thing, an accommodation for my religious beliefs regarding marriage that

would allow me to serve the citizens of brown county without violating my conscience. my name or official title on the marriage certificate points to the same person, me, kim davis. to affix my name or authoritative title on a certificate that authorizes marriage that conflicts with god's definition of marriage as a union between one man and one woman violates my deeply held religious con vicks and conscience. for me, this would be an act of disobedience to my god. a simple accommodation i have proposed is to remove my name and title as the clerk of brown county. completely off the marriage license. these license could be issued under another authority, including perhaps the commonwealth of kentucky or governor bashir himself. if these needed to be recorded in a clerk's office like a vehicle registration, a lien or judgment, that could be done. that doesn't raise a conflict of

conscience because then we as clerks are not the authorizer of the license. because my pleas for a modest accommodation have been refuse or not acted upon, i have been required to do that which my conscience forbids, as a result, i have spent six days in jail because i could not abandon my faith. i thank the lord that judge bening released many he from jail last tuesday but today as i return to work, my simple request from the accommodation has gone unheard. whether i personally issue the license or whether one of my deputy issues it, the result is the same. the license is issued under the authority of kim davis, county clerk. besides my conscience, there is a real need for the legislature to address kentucky's marriage laws. the president of the senate stated himself and told the court that the marriage laws are shredded, the statute forbids issuance of a marriage license to someone not expressly authorized by statute to receive one. even if a court strikes down a

law, it cannot create a new statute. that must be done by the legislature. to issue a license to a person that is not authorized to receive it, under the statute, is a direct violation of law. this, too, needs to be addressed by the legislature. i'm here before you this morning with a seemingly impossible choice that i do not wish on any of my fellow americans, my conscience or my freedom. my conscience or my ability to serve the people that i love, obey god or a directive that forces me to disobey god, even when there are reasonable accommodations available. i have thought and prayed very hard about what to do. the decisions i have made in this case and the decisions i will continue to make in this case are mine and mine alone. i don't want to have this

conflict. i don't want to be in the spotlight and i certainly don't want to be a whipping post. i am no hero. i'm just a person who's been transformed by the grace of god and who wants to work, be with my family. i just want to serve my neighbors quietly without violations my conscience. and so this morning, i am forced to fashion a remedy that reconciles my conscience with judge bening's orders. effective immediately and until an accommodation is provided by those with the authority to provide it, any marriage license issued by my office will not be issued or authorized by me. i want the whole world to know, be no mistake about it, if my deputy clerks, who do not have my authorization or the authority, they don't have my

authority to initial any license whatsoever, i love my deputy clerks. i hate that they have been caught in the middle. if any of them feels they must issue an unauthorized license to avoid being thrown in jail, i understand their tough choice and i will take no action against them, however, any unauthorized license that they issue will not have my name, my title or my authority on it. instead, the license will state that they are issued pursuant to a federal court order. judge bening indicated last week that he was willing to accept altered marriage license even though he was not certain of their validity. i, too, have great doubts whether the license issued under these conditions are even valid. this is why, once again, i urge governor bashir, the legislature, and the court to intervene. they have the authorization and the authority to provide these types of accommodations and

there's no reason why they cannot do so. are we not a big enough, a loving enough and a tolerant enough state to find a way to accommodate my religious convictions? while my case may be the most visible, there are millions of others out there in the private and public sector who face and are in the same position. they also need reasonable accommodations. i urge everyone to remain civil and peaceful. i pray that our dialogue remains civil and respectful because i love the lord, and i love all people. i heaarbor no ill will by nine. i love everyone. because i have been transformed by my lord jesus christ, i love every person. i love you because he first loved me. today, i put my faith and my trust in god and god alone.

thank you [ applause ] >> there is a lot to unpack with jeffrey toobin. you heard what she has to say. she is going to defy the order from the judge. >> i think that's what she said. it was a lengthy word salad, and i couldn't quite unpack all of it. i think the gist seems to be that she will prevent her deputy clerks from issuing licenses to same-sex couples, which she objects to on religious grounds. that is precisely what the judge said had to happen. >> i think she hedged. if my deputies want to do it because they don't have my conscience, i'm not going to do anything. it won't have my name. >> i heard, they won't be legitimate. without my name, they won't be legitimate. >> it may be that she will allow the deputy terms clerks to procd the courts will decide whether the marriages are legitimate.

i think chris may be right, that she is hedging to a certain extent, in that she is saying she will not do anything but she will not stop her deputy clerk. >> she's asking for her name to be removed from this. right now in kentucky, the state law says that it rests solely on the county clerk to issue the licenses. but they have the authority. only the legislature has the authority to transfer the authority. that's not going to come until january, right? >> again, unfortunately, we have to get a little bit into the weeds of kentucky law on this. as i understand it from other people, that a deputy clerk's signature on a marriage license is legitimate, and you don't need the specific say so of the clerk itself. >> we're mixing -- we're not mixing. we're missing the point. jeffrey, when the supreme court says that this is now the law of the land, do you need legislation to back that up? is that enough?

>> it's enough. >> the kentucky statute, it talks about a burden. has any official showed a burden? >> the case may come through the courts. we've had these cases, as folks know, about wedding photographers. >> mike huckabee said it the other day. show me a law that says in kentucky you can have same-sex marriage. it's what the supreme court said. isn't that perverting the truth? >> there were lots of laws on the books, 19 states, that said you can't have racial marriage before. those laws became invalid after the supreme court. same thing here. >> couldn't the governor take her name off? i know it's a special accommodation, but wouldn't that

solve it? >> i don't think so. the governor has to act pursuant to an outizatiauthorization she. that is not there. she simply -- we're spending a lot of time talking about kim davis' rights. the other rights here are the rights of the same-sex couples which have been vind date eicat the supreme court. they have a right to get married and she, as a public official, has to accommodate that right. >> kim davis says she's not going to have her name on the licenses. we'll talk about what's going to happen next. come on out, flo! [house band playing] you have anything to say to flo? nah, i'll just let the results do the talking. [crowd booing] well, he can do that. we show our progressive direct rate and the rates of our competitors even if progressive isn't the lowest. it looks like progressive is not the lowest! ohhhh! when we return, we'll find out whether doug is the father. wait, what?

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this is cnn breaking news. welcome to your "new day." we have breaking news. controversial kentucky clerk kim davis told everybody what she's going to do. she said, yes, i was jailed for refusing to issue same-sex marriage licenses because she says they defy her religious beliefs. she says she will not have her name on the marriages. >> let's go outside of davis' offices for all of the details. >> reporter: this was a lengthy statement that same from kim davis, and you could also tell this was a statement that had been carefully crafted with the help of her attorneys. i'm not saying there were not emotional parts, which came

straight from the heart. she said essentially that her faith is in conflict with what she's been ordered to do, which is issue same-same marriage licenses which she does not belief in because of her christian faith. what she says will happen is that her name and her authority will not be behind any marriage liejss that a licenses that are issued from now on. she said it will be up to the deputy clerks to make their own determination, if they will go forward and issue the licenses. so that is within keeping of the framework of what the judge had ordered last week. that's what has been happening in her absence. so those deputy clerks could move forward. the one thing that's interesting is she says these licenses will have new language on it, and it'll be saying that this issue is pursuant to a federal court ruling. she doesn't seem to have the authority to put new language on

a marriage license, so that truly could come up here as making all of this a problem for the judge, and whether or not she was in compliance with what he's ordered. it's going to be an interesting day. >> all of this already has been a problem for the judge. it looks like it will continue, martin. thanks so much for that background. we will talk about this breaking news with rick cantor usantorum presidential candidate. two republican outsiders are gaining the inside track to the party's nomination with two days before the cnn dedebate. donald trump and ben carson are pulling away from the pack. on the democratic side, hillary clinton is losing ground. we go live to the reagan library in california. good morning. >> good morning. the countdown has begun to the big night two days away here .

the new poll out is showing that trump is still in the lead, and he's posting his biggest numbers yet. take a look at the poll. we'll put it on the screen. you can see that trump is leading with 33% support. second place is ben carson, 13 points behind trump. the rest of the field though is in the single digits. jeb bush is in third place, but he's 25 points behind the leader. one more thing i'll note about this poll from abc and "washington post" is scott walker lost the most ground since july. he's not even up on the screen. he was in second place at 13%. now, he's all the way down to 2%. meanwhile, a new poll from cnn and orc shows that several issues have risen in importance since the last presidential election. those issues are abortion, gun control and illegal immigration. that shift could certainly play a role in voters' eventual choice in their nominee.

another set of numberers from the abc poll, you can see there that the number of voters who are more interested in an outsider candidate is quite high among republicans. you see the number at 60%. that, of course, helps explain why folks like donald trump and ben carson are doing so well. guys, the stage is set. the podiums are up, and we're all getting excited for the big night. chris? >> i'll take it here. only a couple nights to go. meanwhile, hillary clinton's campaign keeps taking hits. if we look at numbers here, support below 50%. according to the new "washington post"/abc news poll, she still leads the democratic field at 42%, but bernie sanders and biden, look at their numbers, surging. live from l.a., we know the controversy over her e-mail is taking its toll. let's look at a poll. 34% only believe that she

honestly disclosed those facts. the numbers certainly aren't in her favor. how does she reverse the trend? >> we're seeing her on the campaign trail a lot more. she's going to be out in new hampshire later on this week for three days. she's also doing a lot of smaller, sort of women-centered event, in places like iowa. this has been a really bad cycle for her. she just can't seem to get the better of the story. i think that it's obviously causing a surge for folks like biden, who is undecided about whether he's going to jump into the race. you're seeing what we've heard out on the campaign trail for months, which is that there is a real hunger for someone other than hillary clinton. she still remains the strongest candidate by leaps and bounds certainly from a fund raising perspective, but you have a lot of people out there looking at biden, looking at bernie sanders, saying, would someone potentially other than hillary clinton be a better person to

take on donald trump potentially? we'll see where that goes. >> thank you very much. appreciate it. we'll talk more about that in a second. i want to bring in former republican presidential candidate and former u.s. senator from texas, fred thompson. good to have you with us. >> good to be with you. thank you, sir. >> you have kim davis walk out on to the steps and say, i cannot have my name on these licenses, even though that is the job she was elected to do. what's your take? >> well, i just heard it walking in here. sounds to me like she's doing what the court required her to do. she really ought to decide whether or not she wants the job, if that's what the job entails. it looks to me like if the deputies do it, they could probably solve that problem. >> how big an issue do you think religious freedom will be in this election, and if so, how should it be argued? what is the right way to have

that conversation? >> well, i think religious freedom is a very big issue. because people don't know kind of where we stand now as a nation. where we stand as far as what the law requires and does not require. there are a lot of people of faith who are very concerned about the direction that we're going in and what the people are going to be required to do, whether it be officials like this one, which is an easy call, i think, or whether it be somebody who owns a small bakery shop, as we've seen in other cases. yes, i think it's going to be an issue with a large amount of people. >> how do you feel about trump and carson being at the top of the polls, taking over 50% of the vote, and are you ready to announce you're getting into the race? >> i don't feel badly enough about it to get into the race. i'll assure you of that.

i'm fascinated by it, like a lot of other people. i think, actually, that they are a reaction to what's going on in this country. people see that, large numbers, we're not going in the right direction, that we're slipping as a nation. talking about the national debt, our standing in the world or otherwise. we seem to have been going in this direction for some time now. some folks want to get the attention of the powers that be. it seems like, whether it's republican or democrat, they haven't had any effect on the politicians. i think that there are some people out there flirting with the notion that we might ought to change our criteria for what we want in a president. maybe a detail of policy, positions on every issue imaginable is not what's required anymore.

maybe it's more to do with guts and leadership, however a person defines that, charisma. i'm not sure that we've gone as far as these two gentlemen would have us go in that regard. they're going to have to put more meat on the bones in order really to be serious, in my opinion, to be contenders by the end of the year. but if they do that, then it'll be a very interesting situation, as far as what the american people want. the question is whether or not it's a flirtation or a real marriage proposal here that we're seeing among a good segment of republican voters. >> where do you think your party really is in terms of, with trump, we have new poll numbers that among latinos, he said his campaign last week, i'm leading with latinos. 70% of them in the new nbc poll says 70% negative. is he helping or hurting the

party? 65%, hurting. dr. carson had similar controversy attached to him with his feelings about gays. is that the future of the gop, to depend on the white vote, or do you have to create a bigger tent? >> well, i think that they would dispute that they're focusing just on the white vote. i don't think that they are. i think their statements get skewed a little bit in the filter machine that we have here. still, your point is well-taken. it's -- there's going to be an issue there. what i'm wondering is whether or not, you know, they take the traditional positions, one side or the other, on some of these hot button issues. whether or not people are saying, let's just put all that aside for a minute. i want somebody who is not afraid and someone who is brash

and will take on the establishment, whether it be the republican establishment in washington or the news media. that's more important to me than any of these other details. if their heart is in the right place and they wont to go in the right general direction, they're going to have smart people around them if they get elected. this is the question, i'm not saying that this is all manifestation of wisdom, but i think that's what's going on right now. >> do you think, having been a senator and knowing how it works there, you can come in with a fresh attitude of, i'm not going to have any of the credentials, i'm not going to do it the way you do it, i'm strong, a hammer and i'm getting it done, what happens to that man or woman when they get down to d.c. and take the job? >> there's the rub. our system is not designed to do anything dramatic by one branch

of government. that's what i've said to some of the people i've been referring to. barack obama has been unilaterally doing things that no president ever thought they had the right to do. the president himself said he didn't have the right to do it in prior occasions. there's only so much in terms of substantive legislation and things of that nature that a president can do by himself. obviously, checks and balances, separation of power, we're all familiar with that. that's what our founding fathers set up, a very conservative, with a small "c," system we have here. nothing radical or great change is supposed to be made without going through this mill that we have in washington. people get frustrated with that, but if they want to change it, they ought to elect better politicians. >> senator fred thompson, appreciate the perspective. someone said to me, i don't like president obama, and that's why i'm not voting for donald trump.

i said, what are you talking about? obama does too much stuff himself. trump will be the same way. i want the whole system to work for me, not one part. same point you made. appreciate the perspective, as always. great to have you. >> wise person you were talking to. >> take care. we're teeing up all the new poll numbers because you have a day on reckoning on wednesday. that's when the cnn republican debate is. first round is 6:00 p.m. eastern. the prime time event is 8:00 p.m. eastern. final preparations are under way at the reagan presidential library. the questions will be put to the people who want to be your leaders. alisyn? major wildfires are causing a state of emergency in two northern california counties. the valley fire, as it's called, killed one person and has burned 50,000 acres. it has destroyed 400 homes and forced thousands of people to evacuate. let's get the latest from cnn's

dan simon, live in california. what's the scene, dan? >> reporter: a heartbreaking situation. you can see this one neighborhood. we are this middle town, and i'll tell you what, everything is insinuated. this is one of the worst wildfires in northern california in recent memory. this gives a sense of the heat and how it took out everything. you have 400 homes in this community that have burned to the ground. officials are calling this a fuel-driven fire. this is what a four-year drought looks like in the state of california. they warned us about this, said it could happen, and here it was. this fire just exploded so quickly, going from a few hundred acres to more than 50,000 in a single day. fire crews say, at this point, there's 0% containment. the fire is slowing down, so hopefully they'll make progress. so much work still to be done. >> thanks for giving us an update. dire indeed. thank you. new this morning, joyce

mitchell, the former prison guard who worked as an accommodate to richard matt and david sweat from their escape from the prison in june, sat down for her first ever tv interview this morning. here's some of what she said on nbc's "today" show. >> i did wrong. i deserve to be punished. but, you know, people need to know that i was only trying to save my family. >> did anybody ever stop you and say, you know, joyce, back off a little bit. get back behind the desk. treat them like inmates. stop being such a nice person. stop being friends with them? >> they never actually told me to stop, but they did say, you know, you're too friendly. you're too nice. at the time that everything happened, i was going through a time where i didn't feel like my husband loved me anymore.

i guess it was just me. i was going through depression. i guess they saw my weakness, and that's how it all started. >> richard matt comes to you and says, joyce, i need a star-shaped drill bit. that's a lot different than cookies and brownies. >> yeah. >> what did you think? >> at first, they didn't tell me, and then after they did, it was because they were going to try to escape. >> had you already given it to them at that stage? >> yes. but i give them the stuff because they had threatened. it was mr. matt. he looked at me one day and said, you know, joyce, i do love you. i said, i love my husband.

a little while after that, he wanted to get rid of him. >> she said she was doing what she thought she had to do to save her family. she got in over her head. that's interesting. she also said she felt she was depressed at the time and felt her husband no longer loved her. that help as little bit to understand how she'd get involved with a convict. >> we'll have more on what joyce mitchell has to say later. he'll be part of the gop undercard wednesday night. rick santorum needs an opportunity to land body flow bel -- blows on the leading republicans. what is the strategy, and what does he think about the breaking news we have coming out of kentucky? rick santorum next.

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call or go online to learn more about a free trial offer. if you can't afford your medication, astrazeneca may be able to help. when an accommodation is provided by those with the authority to provide it, any marriage license issued by my office will not be issued or authorized by me. >> that was kentucky clerk, kim davis, back at work and declaring moment ago she will not authorize same-sex marriage licenses. that brings back the controversy all over again. let's bring in republican presidential candidate and former u.s. senator, rick santorum. thanks for being here. >> good to be with you. >> what would you advise kim

davis to do this morning? >> i would advise kim davis to follow her conscience. the supreme court decision made no provision of what county clerks should have. they wrote extensively about how, after this decision, there had to be accommodations. there had to be things worked out by the legislatures and others, as to how to implement the court decision. kim davis has every right to say, this should be a religious accommodation. i believe the state of kentucky, as well as the federal government, should be passing things like the first amendment defense act, which provides for accommodations for people inside and outside of government who has religious convictions that differ with the court ruling. >> what the supreme court decided is not allowing gay marriage is discrimination. it's discrimination not to prosipr provide -- listen, senator. there are lots of laws that you

yourself don't agree with, but you follow the law. >> number one, because the supreme court says something doesn't necessarily mean it's a law of the land. my belief is when the supreme court acts beyond their constitutional authority, then we have every obligation to fight that. i think, if you look at justice roberts' opinion, he said there's no constitutional basis for this decision. the court acted beyond its authority. i think it's the responsibility principally of the congress and the president to push back. that's called checks and balances. when the court exceeds its authority, the congress and the senate, the congress and the president should push back. >> there's a process for that. >> i agree. >> the congress can pass its own legislation. at the moment, today, the supreme court has decreed the law of the land. she is defying it. do we have a country, if everyone acts on their own individual personal religious beliefs and decides not to follow certain laws? >> again, the supreme court made

a decision about same-sex marriage. again, which i believe was beyond their authority to do so. but it did not provide anything that kim davis had to issue a marriage license. it said, very clearly, that there had to be accommodations provided for people of faith. what kim davis was not cited for violating the supreme court decision. she was cited in contempt of court of one judge deciding that this is what the supreme court required. >> okay. >> that's why she's asking for kentucky to step in and to do what they should do, which is clarify what the obligations are in the state of kentucky. >> to kwa. if you were the governor of kentucky today, would you take her name off the marriage licenses as she's asking? would you force her to resign? >> i would take her -- i would accommodate her religious convictions, allow the process to go forward. you know, if i were the

governor, that governor, i think that's something that that governor could probably do within his own conscience. i would have different issues if i were governor, but that's what i would do if i was the governor of kentucky today. >> senator, let's talk about wednesday night. you will be part of the early, 6:00 p.m. eastern debate. what is your plan on wednesday night to break through? >> well, one of the things i learned in doing 20 debates, over 20 debates last time around, when you go out there trying to break through, usually, you break up. the best thing to do is to go out there and try to be yourself. take advantage of the opportunities that come before you. i look forward to that, talking about the shieissues and laying why we're the best candidate for president. why we have the agenda to get dissatisfied working men and women with obama, hillary clinton and the choices of the republican party, and say why they should be supporting someone who has a strong pro-worker agenda, who will help

win pennsylvania, ohio, indiana. we have to look to see what we can do to help the folks falling behind in america. we're the best candidate to do that. >> last time around, you came in second. this time around, there's a new poll this morning. "washington post"/abc news poll. trump has 33%, and then you, quite far down, at 1%. what went wrong? what is going wrong this time around, senator? >> well, here's what i would say, if you go back and look at the polls from four years ago, i was at 1% four years ago. the guy at the top of the pack, 41%, and a cnn poll taken in september, was rick perry. he didn't get the delegate and we won 11 states. four and a half months before an election is a lifetime. who would have predicted two months ago that donald trump would be in the position he was? nobody. the idea that what's happening

now is going to be determinative of what's going to happen in february is not true. i'll keep working hard. >> let's say that donald trump is the nominee. one of your fellow competitors just tweeted yesterday, let me be very plain, i'm not going to vote for donald trump. he is unfit to be president. if donald trump is the nominee, senator, would you vote for him? >> if he's the nominee and running against hillary clinton, it would be an easy call for anybody in the republican field. against hillary clinton. the answer is, he would be superior to what the democrats would put forward. of course i'd vote for him. >> rick santorum, he look forward to seeing you out there wednesday night. >> thank you. these new poll numbers show trump and carson in the lead. how does all of that impact the other gop contenders and their preparation for wednesday night's big debate? our panel will weigh in, ahead.

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here's the monday edition of the five things to know for your new day. number one, kim davis back to work. she announced she will not issue same-sex marriage licenses, but also indicating that she won't stop her deputies from issuing them. she does not want her name or title on those documents. donald trump sporting a 13 point lead over ben carson in a new "washington post"/abc poll. hillary clinton dipping below 50% for the first time on the democratic side. california's valley fire has burned 50,000 acres. it's destroyed 400 homes. it is now being blamed for one death. the governor there declared a state of emergency in two northern california counties. european union ministers meeting in brussels on the migrant issue. members agreed to allow military action to intercede ships used by traffickers smuggling

traffickers across the sea. there will be border controls for migrants coming into countries. djokovic winning a battle, earning his second u.s. open title, tenth overall. he defeated the best player of all time, roger federer, in four tough sets. lea learn more at our website. the candidates plotting their strategy. how do you break into the carson/trump bubble? our panel weighs in next. i brto get us moving.tein i'm new ensure active high protein. i help you recharge with nutritious energy and strength. i'll take that. yeeeeeah! new ensure active high protein. 16 grams of protein

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tick-tock goes the clock. two days until cnn's republican debate. how are the candidates preparing to face off, and what do the new poll numbers mean, for what plays and does not play to the gop. let's bring in our cnn political commentator commentators. a jeb supporter and friends with marco rubio. the other supports herself.

>> i win every time. >> has no friends. >> let's put up the poll number. trump and carson get more than 50% combined. what does this mean about the complexion of the gop? >> well, look, i think the constituency right now is divided. i think you've got a group of not just republicans, but voters on both sides of the aisle and in the middle, who are frustrated with the establishment. frustrated with the political system. they're looking at anything that doesn't look like a remember politician. i think you also have more than half of republican voters who rightly acknowledge that someone like donald trump is just not electable in a general election. that's why they're also saying donald trump is the person i would never vote for. we've got 14 months to sort of see the conservative electorate make up their minds about whether they want to stand on principle and vote for anyone but washington, or if they want

a republican in the white house again. >> we've got 48 hours until jeb bush needs to do something to break out of this 10% place, third place that he's in. what do you think is going to happen on debate night? >> let me tell you, it is raining behind me. i thought it never rained in southern california. maybe it's like weddings and turns out to be good luck. i think -- and it's not only jeb bush. there's a will the of people on the stage who need to figure out how to break out, how to be memorable, how to have lines being spoken about the next day at the water cooler. we're focusing on jeb bush, but let's look at scott walker. i just read an article where he's described as uninspired hunk of cheese. he was at the debate last time, and we're not talking about him. he, too, needs to break out, needs to show personality. this is a different animal than a normal debate, where you might

have one or two or three other people and policy shines. you can out-knowledge, out-policy someone. when you have a debate with this many people, and so many outside personalities, you have to show more than policy knowledge. you have to show personality, persona, i think whit, humor. it's partly theatrics, partly policy. some are more policy other yeri like my friend jeb bush. they have to make it memorable. >> they're not electing a think tank. they're elected a leader. that has different dimensions. what is the party right now? among latinos, jeffrey was the political director for ronald reagan. the numbers i'm about to read to you, he says, the numbers win with white voters. they can't hurt us where they are. among latinos, somewhat negative

on trump, 70%. is he hurting the party? 65% say yes, he is. how do you deal with those numbers in terms of what you guys were supposedly doing coming out of the lessons of 2012? >> we weren't supposedly doing it. we were doing it. we rightly acknowledged and we being the rnc and conservatives in general acknowledged you win by, not subtraction, but addition. donald trump isn't interested in growing the republican party or any other party. i don't think that he's all that interested in preserving the strength and survival of the conservative movement. he never talks about conservatism. you never hear him talk about how conservatism is empowering on x, y, z policy issues. if i were trying to break out in this debate, i would try to point out -- i'd keep the audience in mind. if you're tuning into a republican primary debate in september of 2015, chances are, you're a republican.

i would try to instruct the audience and show the audience that donald trump doesn't care about growing the party, vis-a-vis, his comments on immigration. i think republicans, even those fed up with washington, would say that's important in the next presidential nominee. >> let's forget about trump for a second and show that -- >> happy to. >> i knew this would be music to your ears. unfortunately for you and your par party, it seems things he's saying are having an effect on some of the other republican candidates, including jeb bush who, by all rights, should do well with latino voters. look at this matchup between hillary clinton and jeb bush among latino voters. if the election were held today, who would you vote for? clinton gets twice as much as jeb bush. >> we are so early into this, and i actually think those numbers look pretty good.

there's huge amount of growing room to be done. the campaign for the hispanic vote really hasn't begun. i think you've seen people like marco rubio, like jeb bush, begin campaigning not now, they began 20 years ago, 30 years ago. in jeb's case, 40 some years ago when he went to mexico and met his wife and has been basically part of the community. you've got marco rubio, who is a member of the community. i think, you know, we've got some great candidates this time who aren't doing what a lot of republicans usually do, which is leave campaigning for the latino vote for the last ten months of the election. that doesn't work. you can't -- it's not something where -- you can't come late and expect to get the latino vote. we've got folks this time who, you know, understand it. who have been doing it. there's a reason why we've heard reports that bill clinton is

worried about a jeb bush or marco rubio candidacy. he knows they will give any democrat a run for their money with that vote. >> thanks so much. anna, we will see you in rainy southern california soon. >> good for the state. >> it is. >> they need the rain. that's sure. joyce mitchell, the prison worker who helped the prison inmates, richard matt and david sweat, escape, she is speaking out. she claims she's no monster. why did she help them? we're going to speak with someone who worked with her at that prison. just might be the one. to clean the oceans, to start a movement, or lead a country. it may not be obvious yet, but one of these kids is going to change the world. we just need to make sure she has what she needs. welcome to windows 10. the future starts now for all of us.

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i did wrong. i deserve to be punished. but people need to know that i was only trying to save my family. >> former prison seamstress speaking out. she, the prison worker facing up to seven years in jail for helping the two inmates escape from the prison facility in new york over the summer, sparking the 22-day man hunt. here to discuss is a former sergeant who just retired from the same prison recently. i hope you're enjoying your retirement. looks like you're back to work with us here. let's ask you a couple of questions about what we've just heard. interesting to hear joyce mitchell say she was trying to save her family. she was in over her head. you worked at that facility. did the prison amply protect, train you, make you aware of potential threats, the danger of

getting too close to prisoners? >> oh, absolutely. everybody that comes into work at the facility is taught about the games that the inmates play. she's had the training. yearly, as a matter of fact. so that is -- that's just a story that she's making up, to make herself feel better. as far as protecting anybody, if she would have said anything to any of us, those inmates would have been placed in special housing, and they couldn't have gotten to anybody. i'm not really sure what threat she's talking about. >> she claims that they had power over her that she was controlled by them. she was also asked why she kept continuing to give these items to the prisoners. let's listen to that sound. >> were you afraid you'd get caught doing it?

>> i actually was. because they're supposed to check our bags every morning when we come in, and they're supposed to check them when you go out, but they never did. >> so that obviously points to some lapses in security. >> yes, it does. at the front of the facility, when they come -- all employees come through the gate. they're supposed to open up their bags, the officers will check as they come in. don't forget, i mean, we have close to 1,000 employees going through that every day. so it is monotonous and, sometimes, the guys don't check. from what she says, they didn't check her bags all the time. again, her getting caught up in this, i mean, if an inmate -- her relationship went back with matt for several months. at any point in time, she could

have told anybody about the inappropriateness, about them asking for tools, for glasses, for anything. she could have said anything like that, and they would have been taken away. they would have had no contact with her, her husband, anything. >> shouldn't her behavior have drawn suspicion? i mean, she was told, she said, that she was getting too friendly, but she was acting erratically, it sounds like. >> there was an investigation done when she was close to inmate sweat. that is basically out of the hands of the local facility. that goes to albany, the special investigations people investigate that relationship. apparently at that point, they found nothing. what the facility did was took inmate sweat and moved him away from her, so there could be no contact within the facility. so there's a certain point where it's personal responsibility,

and that falls on her. >> one more piece of sound we'll play for you. let's hear that. >> okay. >> were you ever nervous, were you afraid you'd get caught doing it? >> i actually was. because they're supposed to check our bags every morning when we come in, and they're supposed to check them when you go out, but they never did. >> i think we might have repeated sound there. bottom line, it sounds as though she is deflecting a fair amount. do you think we're going to see a lot of change happening there at the prison and other prisons across the country because of this case? >> oh, absolutely. she is deflecting, and then to your other point, you're going to see choices. the security levels are heightened as it is. i mean, everybody in the public would be surprised at what we go through on a daily basis. >> right. >> now that this has happened, it's going to even be

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la quinta! ready for some good stf? >> yes. are you? >> of course i am. as often happens, the good stuff comes out of the worst stuff. there is threats called into the aurora, colorado, police department. this one had a caller saying he would shoot any police officer on site. >> imagine why these guys get up in the morning, hearing that and going, i got to go to work today. that's got to be pretty scary. >> you know who that is? a concerned citizen. the community was not taking this lying down. after hearing the news, dozens of people converge on the police department and create a human shield around it. >> oh, my gosh.

>> really cool. >> we appreciate you. so much. [ applause ] >> the aurora police are investigating the threat, changing procedures. there have been ambush attacks on officers nationwide. we cover them. officers often get hurt and killed in the line of duty. this seems to be with specific intent. >> the people are stepping up. that's great to see. >> thanks for time. time for newsroom with carol costello. >> have a great day. "newsroom" starts now. happening now in the newsroom, two days to a gop showdown. >> i'm a deal maker. i'll make great deals for the country. ben can't do it. >> it's ridiculous to think the only thing i can do is neuro surgery. >> that's not the only clash we're expecting. >> the stage where all the magic is going to happen. >> can't anyone topple donald trump?